HomeMy WebLinkAbout2021-08-04 Council PacketKenai City Council - Regular Meeting Page 1 of 4
August 04, 2021
Kenai City Council - Regular Meeting
August 04, 2021 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. 3221-2021 - Determining that Real Property Described as Lot 4A, Block 3,
Cook Inlet Industrial Air Park 2014 Replat, According to Plan No. 2014-21, City-Owned
Airport Land Located Outside the Airport Reserve, is Not Needed for a Public Purpose and
Authorizing the Sale of the Property to Schilling Rentals, an Alaska Partnership.
(Administration)
2. Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A, Block 1,
Deshka Subdivision, According to Plat No. K-1577, City-Owned Airport Land Located
Outside the Airport Reserve, is Not Needed for a Public Purpose and Authorizing the Sale
of the Property to Schilling Rentals (2016), LLC. (Administration)
3. Ordinance No. 3223-2021 - Increasing Fiscal Year 2021 Estimated Revenues and
Appropriations in the General Fund – Police Department and Accepting a Grant from the
US Department of Transportation Passed through the State of Alaska Department of
Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures.
(Administration)
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Kenai City Council - Regular Meeting Page 2 of 4
August 04, 2021
4. Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title 6 -
Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice Mayor
Molloy and City Clerk)
5. Resolution No. 2021-53 - Authorizing the City Manager to Execute a Memorandum of
Agreement with the State of Alaska Department of Transportation and Public Facilities for
Design, Construction and Maintenance of the Kenai Bridge Access Road Pathway Project.
(Administration)
E. MINUTES
1. *Regular Meeting of July 7, 2021. (City Clerk)
F. UNFINISHED BUSINESS
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 Marijuana License Renewals for Red Run Cannabis
Company, LLC, Red Run Cannabis Cultivators, LLC, and Cook Inlet Cannabis Company.
(City Clerk)
4. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce & Visitor Center
for Moosemeat John Cabin. (Administration)
5. *Ordinance No. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and
Appropriations in the General Fund – Police Department and Accepting a Grant from the
Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures.
(Administration)
6. *Ordinance No. 3227-2021 - Accepting and Appropriating a Grant from the U.S.
Department of Homeland Security Passed Through the State of Alaska Department of
Military and Veterans’ Affairs, Increasing Estimated Revenues and Appropriations in yhe
General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable
Radios and Accessories for the Fire Department. (Administration)
7. *Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Fund, Terminal Repair and Maintenance Department for Expenditures in Excess of
Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a
Purchase Order to Blazy Construction, Inc. (Administration)
8. *Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration
and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal
Equipment Capital Project Fund. (Administration)
9. *Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund - Fire Department for the Purchase of Extrication Equipment Needed to
Provide Emergency Response to Motor Vehicle Accidents. (Administration)
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Kenai City Council - Regular Meeting Page 3 of 4
August 04, 2021
10. *Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the
COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the
State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the
Police, Fire, and Communications Departments of the City. (Administration)
11. *Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a
Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to
Provide Additional Funding for Improvements and Modifications Amendment to the Lease
for the Kenai Fine Arts Center. (Administration)
12. Action/Approval - Assignment and Assumption of Lease Agreement from Hilcorp Alaska,
LLC to Kenai Beluga Pipeline, LLC. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Review and Discussion of the Terms of Employment Agreement 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.
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Kenai City Council - Regular Meeting Page 4 of 4
August 04, 2021
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
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/81168359551
Meeting ID: 811 6835 9551 Passcode: 784457
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 811 6835 9551 Passcode: 784457
Page 4
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3221-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING THAT
REAL PROPERTY DESCRIBED AS LOT 4A, BLOCK 3, COOK INLET INDUSTRIAL AIR PARK
2014 REPLAT, ACCORDING TO PLAT NO. 2014-21 CITY-OWNED AIRPORT LAND LOCATED
OUTSIDE THE AIRPORT RESERVE, IS NOT NEEDED FOR A PUBLIC PURPOSE AND
AUTHORIZING THE SALE OF THE PROPERTY TO SCHILLING RENTALS, AN ALASKA
PARTNERSHIP.
WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation Administration
(FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including
that no property shall be used, leased, sold salvaged, or disposed of for reasons other than for
airport purposes; and,
WHEREAS, on August 20, 1970, the FAA executed a Deed of Release, for an area of land subject
to the Quitclaim Deed allowing for the lease, sale, or disposal of Lot 4A, Block 3, Cook Inlet
Industrial Air Park Subdivision, 2014 Replat, for other than airport purposes; and,
WHEREAS, the City has received a request to purchase Lot 4A, Block 3, Cook Inlet Industrial Air
Park 2014 Replat, according to Plat No. 2014-21 (the Property) from the current Lessee; and,
WHEREAS, KMC 22.05.110 – Determination as to need for public purpose, provides that the City
Council, may determine whether land is no longer needed for public purpose; and,
WHEREAS, the Property is leased to Schilling Rentals, an Alaska Partnership and developed for
private commercial use and is not needed for a public purpose; and,
WHEREAS, Resolution No. 2018-12 amended the City’s Policy for sale of specific Airport Land
Lots and the subject property is one of the properties addressed in the policy; and,
WHEREAS, the sale of this property is in the best interest of the City and Airport and
encourages new development and/or improvements to the property; and,
WHEREAS, KMC 22.05.100 – Sale procedure, the minimum acceptable offer for the land shall
be the fair market value.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot 4A, Cook Inlet
Industrial Air Park 2014 Replat, according to Plat No. 2014-21 (the Property).
Section 2. Public Purpose and Best Interest Findings: That the Property is not needed for future
public municipal or airport purposes. Under the Airport Layout Plan, the Property is designated
for non-aviation commercial or light-industrial uses. The sale of the Property is in the best interests
Page 5
Ordinance No. 3221-2021
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
of the City and Airport, as it serves a purpose of continuing commercial growth and investment in
the City.
Section 3. Authorization of Sale: That the Kenai City Council hereby authorizes the City
Manager to sell the City-owned lands described as Lot 4A, Block 3, Cook Inlet Industrial Air Park
2014 Replat, according to Plat 2014-21, under the procedures and terms established for the sale
of lands, as set forth in KMC 22.05.100 et seq. and subject to the following additional essential
terms and conditions of sale under the Policy for Sale of Specific Airport Leased Lands approved
by City of Kenai Resolution No. 2018-12:
a) The sale will be made through a negotiated sale to Schilling Rentals, an Alaska
Partnership for a sum not less than the fair market value of the land excluding lessee-
constructed improvements as determined by an appraisal and meet the minimum value of
improvements requirement greater than or equal to four times the appraised fair market
value of the land, which is $1,200,000.
Section 4. Title: That title shall be conveyed by quitclaim deed. Any instrument conveying title to
the Property shall include the following restrictions, promises, and/or covenants:
a) that the City of Kenai reserves unto that the grantee expressly agree for itself and
its heirs, executors, administrators, successors, transferees, and assigns, for the
use and benefit of the public a right of flight for the passage of aircraft in the
airspace above the surface of the Property, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft, now known or
hereafter used, for navigation of or flight in the said airspace, and for use of said
airspace for landing on or at and for taking off from or operating on Kenai Municipal
Airport; and,
b) that the grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to restrict the height of structures, objects of
natural grown, and other obstructions on the Property to a height of not more than
242 feet above mean sea level; and,
c) that the grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to prevent any use of the Property which
would interfere with landing or taking off of aircraft at the Kenai Municipal Airport,
or otherwise constitute an airport hazard; and,
d) that all covenants heretofore stated shall run with the land and shall inure to the
benefit of, and be binding upon the heirs, executors, administrators, successors,
transferees, and assigns of the parties to the contract for sale and conveyance.
Section 5. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from
the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development,
improvement, and operation of the Kenai Municipal Airport and as otherwise required in the Deed
of Release dated August 20, 1970.
Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30
days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021.
Page 6
Ordinance No. 3221-2021
Page 3 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: July 7, 2021
Enacted: August 4, 2021
Effective: September 4, 2021
Page 7
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: June 24, 2021
SUBJECT: Ordinance No. 3221-2021 - Determining that real property described as
Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat, city-owned
airport land located outside the airport reserve, is not needed for a
public purpose and authorizing the sale of the property to Schilling
Rentals, an Alaska Partnership
The City has received a request to purchase the above City-owned leased land outside the Airport
Reserve with substantial constructed leasehold improvements pursuant to the City’s Policy for
Sale of Specific Airport Leased Lands, approved by Resolution No. 2018-12.
Schilling Rentals, an Alaska Partnership is the current lessee of Lot 4A, Block 3, Cook Inlet Air
Park 2014 Replat, which was entered into on March 1, 1967. The current use is for a medical
office and clinic building and includes substantial recent improvements to the building made by
the Lessee. The 55-year lease term expires on June 30, 2022 and is in good standing.
On August 20, 1970, the Federal Aviation Administration (FAA), released the property for sale for
other than airport purposes, allowing the property to be sold at fair market value. All revenues
from the sale would be deposited in the Airport Land Sale Permanent Fund for use in the
development, improvement, and operation of the Kenai Municipal Airport as required by the Deed
of Release.
The City’s Policy does not provide for the sale of any specific property, but only a method for such
sale, subject to the Ordinances of the City of Kenai. The policy is in effect until July 6, 2021. Any
specific sale must be separately approved by the City Council, which may approve or disapprove
any such sale, in its sole discretion. Schilling Rentals requests to purchase the property at its fair
market value excluding lessee-constructed improvements as determined by an appraisal and
value of improvements greater than or equal to four times the appraised fair market value of the
land.
Schilling Rentals submitted a good-faith deposit and the City ordered an appraisal to be performed
on the property as-if vacant. The fair market value of the property was determined to be $300,000
by an appraisal performed by MacSwain Associates, LLC on May 18, 2021. Based on the amount
Page 8
Page 2 of 2
of the appraisal, Schilling Rentals proposes to meet the minimum value of improvements
requirement greater than or equal to four times the appraised fair market value of the land, which
is $1,200,000. Attachment B identifies a total improvement value of $2,005,700.
If the City Council approves the sale, City Administration may proceed with a sale.
Thank you for your consideration.
Attachment A: Aerial Map of 100 Trading Bay Road
Attachment B: Email request to begin the process for purchasing 100 Trading Bay Road
Attachment C: Submitted value of improvements of 100 Trading Bay Road
Page 9
ORDINANCE 3221-2021KPB # 04323031Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat
MAIN
S
T
R
E
E
T
L
O
O
P
R
DTRADING BAY RDBIDARKA STFIDA
L
G
O
A
V
E
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 8040 Feet
LEGEND
Subject Parcel
Date: 6/25/2021
ATTACHMENT A
Page 10
From:Duane Bannock
To:Ryan Foster
Subject:Purchase of City lease Lots - Schilling Rentals
Date:Wednesday, April 28, 2021 8:13:20 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Good Morning Mr Foster
Thank you for the time on the phone to discuss the process and procedure that may lead to Schilling
Rentals purchasing the following properties from the City of Kenai:
1. 100 Trading Bay Rd KPB Parcel ID: 04323031
2. 419 Frontage Rd KPB Parcel ID: 04705501
Schilling Rentals, an Alaska Partnership is the current leaseholder of the above properties.
Property #1 has met the improvement threshold; it has been suggested that KPB property tax values
may be acceptable to establish the city’s requirement
Property #2 likely has not met the improvement threshold and we seek your guidance on the
necessary investment amount
As discussed yesterday, the City will accept $1,750.00 for each of the above properties to initiate the
required appraisal as well as conform with the timeline as described in Resolution 2018-12. Also,
your office notified me that there a credit of $900.00 in the name of Schilling Rentals; we request
that credit be applied to this transaction.
Accordingly, I will deliver a check from Schilling Rentals in the amount of $2,600.00 as a deposit.
Once the appraisal has been reviewed and agreed to, we will cheerfully sign the Purchase and Sale
Agreement.
Thank you
Duane Bannock
Schilling Rentals
47 Spur View Drive
Kenai, AK 99611
907 283 3660 Uptown Motel office
907 398 2316 cell
ATTACHMENT B Page 11
ATTACHMENT CPage 12
PHYSrCAL CHARAC'l'ERIS'l'ICS
nooFrnG
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WALLS
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F Res 0 6~39 0
llEAT tNG rum Jim CO!lDI1"IONWG
Heat l· 6$39 0
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IMPROVEMENT DATA
Ri;.x_~ ------
®-16.....14
I
91
.
•51
I
I
1 s Mas
Slab
~
59
0432JOJlU!Ol
I
tt<:m Description Units Cost
Property Class: 651
lt10 TR/\fHllG MY RO
Total Pct
M & S Cost Dat<Jbasu Date: 10/2020
I !3uUding Cost llcw
Oepreciatnd Cost
Rounded Total
I
RFX/
RF>:/
Total E~terior Features Value
Depreciated Ext features
Total Before Adjustments
Neighbor.hood Adjustment
TOTAL VALUE
0
0
0
64
61
o.oo 1096721
0.00 690934 o.oo 690900
12.97 830
12. 97 830
1660
1050
691950
50
692000
!LCM: 100.00
SPECIAL FEATURES SUMMARY OF IMPROVEMENTS
Descrlptlon
Stry Const '!'<!ilr Eff l3:1se Feat-Adj Size o,; Computed l'hysObsolMurl:ct \
Value ID Use llgt Type Grade Const Year. Cono Race u~es Rate Area 'Jalue Dept· Depr Adj Comp Value
C Hf.DOFF
01 PAV!llG
02 CO?IEX
o.oo
0 .. 00 B5 o.oo
Data Collector/Date
:JR 11/06/2018
f
A
A
l 96'1 199$ l\V
l 9tl 9 1998 !IV
3000 3000 AV
Appraiser/Date
o.oo
l. IS
1200
p
fl
H
o.oo
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1200
Neighboi:-hood
f/eiqti 120 AV
6:\J!l
12500 ax 20
0
2l8!l0
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0
80
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0 c 100
0 100 100
0 100 100
Supplemental Carcia
TOTAL IHPROVEHENT VJU.UE 697600
692000
4400
l.~00
Page 13
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: July 26, 2021
SUBJECT: Ordinance No. 3221-2021 – Request to include the recommendation of
the Planning and Zoning Commission
On July 7, 2021 Ordinance No. 3221-2021 was introduced to City Council. At their regular meeting
on July 14, 2021, the Planning and Zoning Commission recommended Council approve the
subject property is not needed for a public purpose and authorizing its sale. This memorandum
requests the following amendment to Ordinance No. 3221-2021.
Move to add as the eighth whereas; WHEREAS, the Planning and Zoning Commission
recommended Council approve that the subject property is not needed for a public
purpose and authorizing its sale at their meeting on July 14, 2021; and
Thank you for your consideration.
Page 14
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3222-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DETERMINING THAT
REAL PROPERTY DESCRIBED AS LOT 1A, BLOCK 1, DESHKA SUBDIVISION, ACCORDING
TO PLAT NO. K-1577 CITY-OWNED AIRPORT LAND LOCATED OUTSIDE THE AIRPORT
RESERVE, IS NOT NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING THE SALE OF
THE PROPERTY TO SCHILLING RENTALS (2016), LLC.
WHEREAS, the City of Kenai received a quitclaim deed from the Federal Aviation Administration
FAA) on December 1, 1963, to nearly 2,000 acres of land subject to certain restrictions, including
that no property shall be used, leased, sold salvaged, or disposed of for reasons other than for
airport purposes; and,
WHEREAS, on May 20, 1966, the FAA executed a Deed of Release, for an area of land subject
to the Quitclaim Deed allowing for the lease, sale, or disposal of Lot 1A, Block 1, Deshka
Subdivision, for other than airport purposes; and,
WHEREAS, the City has received a request to purchase Lot 1A, Block 1, Deshka Subdivision,
according to Plat K-1577 (the Property) from the current Lessee; and,
WHEREAS, KMC 22.05.110 – Determination as to need for public purpose, provides that the City
Council, may determine whether land is no longer needed for public purpose; and,
WHEREAS, the Property is leased to Schilling Rentals (2016), LLC and developed for private
commercial use and is not needed for a public purpose; and,
WHEREAS, Resolution No. 2018-12 amended the City’s Policy for sale of specific Airport Land
Lots and the subject property is one of the properties addressed in the policy; and,
WHEREAS, the sale of this property is in the best interest of the City and Airport and
encourages new development and/or improvements to the property; and,
WHEREAS, KMC 22.05.100 – Sale procedure, the minimum acceptable offer for the land shall
be the fair market value.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Statement of Ownership: That the City of Kenai is the owner of Lot 1A, Block 1, Deshka
Subdivision, according to Plat K-1577 (the Property).
Section 2. Public Purpose and Best Interest Findings: That the Property is not needed for future
public municipal or airport purposes. Under the Airport Layout Plan, the Property is designated
for non-aviation commercial or light-industrial uses. The sale of the Property is in the best interests
Page 15
Ordinance No. 3222-2021
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
of the City and Airport, as it serves a purpose of continuing commercial growth and investment in
the City.
Section 3. Authorization of Sale: That the Kenai City Council hereby authorizes the City
Manager to sell the City-owned lands described as Lot 1A, Block 1, Deshka Subdivision,
according to Plat K-1577, under the procedures and terms established for the sale of lands, as
set forth in KMC 22.05.100 et seq. and subject to the following additional essential terms and
conditions of sale under the Policy for Sale of Specific Airport Leased Lands approved by City of
Kenai Resolution No. 2018-12:
a) The sale will be made through a negotiated sale to Schilling Rentals (2016), LLC for a
sum not less than the fair market value of the land excluding lessee-constructed
improvements as determined by an appraisal and a minimum new investment in the
construction of new permanent improvements on the premises equal to 25% of the fair
market value of the land within three (3) years of sale.
Section 4. Title: That title shall be conveyed by quitclaim deed. Any instrument conveying title to
the Property shall include the following restrictions, promises, and/or covenants:
a) that the City of Kenai reserves unto that the grantee expressly agree for itself and
its heirs, executors, administrators, successors, transferees, and assigns, for the
use and benefit of the public a right of flight for the passage of aircraft in the
airspace above the surface of the Property, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft, now known or
hereafter used, for navigation of or flight in the said airspace, and for use of said
airspace for landing on or at and for taking off from or operating on Kenai Municipal
Airport; and,
b) that the grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to restrict the height of structures, objects of
natural grown, and other obstructions on the Property to a height of not more than
242 feet above mean sea level; and,
c) that the grantee expressly agree for itself and its heirs, executors, administrators,
successors, transferees, and assigns to prevent any use of the Property which
would interfere with landing or taking off of aircraft at the Kenai Municipal Airport,
or otherwise constitute an airport hazard; and,
d) that all covenants heretofore stated shall run with the land and shall inure to the
benefit of, and be binding upon the heirs, executors, administrators, successors,
transferees, and assigns of the parties to the contract for sale and conveyance.
Section 5. Proceeds of Sale: That should a sale of the Property be finalized, all revenues from
the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the development,
improvement, and operation of the Kenai Municipal Airport and as otherwise required in the Deed
of Release dated May 20, 1966.
Section 6. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30
days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021.
Page 16
Ordinance No. 3222-2021
Page 3 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: July 7, 2021
Enacted: August 4, 2021
Effective: September 4, 2021
Page 17
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: June 24, 2021
SUBJECT: Ordinance No. 3222-2021 - Determining that real property described as
Lot 1A, Block 1, Deshka Subdivision, city-owned airport land located
outside the airport reserve, is not needed for a public purpose and
authorizing the sale of the property to Schilling Rentals (2016), LLC
The City has received a request to purchase the above City-owned leased land outside the Airport
Reserve with substantial constructed leasehold improvements pursuant to the City’s Policy for
Sale of Specific Airport Leased Lands, approved by Resolution No. 2018-12.
Schilling Rentals (2016), LLC is the current lessee of Lot 1A, Block 1, Deshka Subdivision, which
was entered into on November 3, 1975, with assignment to Schilling Rentals on July 7, 2017. The
current use is for a jewelry store. The 55-year lease term expires on June 30, 2030 and is in good
standing.
On May 20, 1966 the Federal Aviation Administration (FAA), released the property for sale for
other than airport purposes, allowing the property to be sold at fair market value. All revenues
from the sale would be deposited in the Airport Land Sale Permanent Fund for use in the
development, improvement, and operation of the Kenai Municipal Airport as required by the Deed
of Release.
The City’s Policy does not provide for the sale of any specific property, but only a method for such
sale, subject to the Ordinances of the City of Kenai. The policy is in effect until July 6, 2021. Any
specific sale must be separately approved by the City Council, which may approve or disapprove
any such sale, in its sole discretion. Schilling Rentals requests to purchase the property at its fair
market value excluding lessee-constructed improvements as determined by an appraisal and a
minimum new investment in the construction of new permanent improvements on the premises
equal to 25% of the fair market value of the land within three years of sale.
Schilling Rentals submitted a good-faith deposit and the City ordered an appraisal to be performed
on the property as-if vacant. The fair market value of the property was determined to be $250,000
by an appraisal performed by MacSwain Associates, LLC on May 18, 2021. Based on the amount
Page 18
Page 2 of 2
of the appraisal, Schilling Rentals (2016), LLC proposes to meet the minimum new investment
requirement equal to $62,500 on the premises.
If the City Council approves Ordinance 3222-2021, City Administration may proceed with a sale.
Thank you for your consideration.
Attachment A: Aerial Map of 419 Frontage Road
Attachment B: Email request to begin the process for purchasing 419 Frontage Road
Page 19
ORDINANCE 3222-2021KPB # 04705501Lot 1A, Block 1, Deshka Subdivision
LAKE STFRONTAGE RD
MARINE AVE
KENAI SPUR
H
W
YCAVIAR ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 4020 Feet
LEGEND
Subject Parcel
Date: 6/25/2021
ATTACHMENT A
Page 20
From:Duane Bannock
To:Ryan Foster
Subject:Purchase of City lease Lots - Schilling Rentals
Date:Wednesday, April 28, 2021 8:13:20 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Good Morning Mr Foster
Thank you for the time on the phone to discuss the process and procedure that may lead to Schilling
Rentals purchasing the following properties from the City of Kenai:
1. 100 Trading Bay Rd KPB Parcel ID: 04323031
2. 419 Frontage Rd KPB Parcel ID: 04705501
Schilling Rentals, an Alaska Partnership is the current leaseholder of the above properties.
Property #1 has met the improvement threshold; it has been suggested that KPB property tax values
may be acceptable to establish the city’s requirement
Property #2 likely has not met the improvement threshold and we seek your guidance on the
necessary investment amount
As discussed yesterday, the City will accept $1,750.00 for each of the above properties to initiate the
required appraisal as well as conform with the timeline as described in Resolution 2018-12. Also,
your office notified me that there a credit of $900.00 in the name of Schilling Rentals; we request
that credit be applied to this transaction.
Accordingly, I will deliver a check from Schilling Rentals in the amount of $2,600.00 as a deposit.
Once the appraisal has been reviewed and agreed to, we will cheerfully sign the Purchase and Sale
Agreement.
Thank you
Duane Bannock
Schilling Rentals
47 Spur View Drive
Kenai, AK 99611
907 283 3660 Uptown Motel office
907 398 2316 cell
ATTACHMENT B
Page 21
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: July 26, 2021
SUBJECT: Ordinance No. 3222-2021 – Request to include the recommendation of
the Planning and Zoning Commission
On July 7, 2021 Ordinance No. 3222-2021 was introduced to City Council. At their regular meeting
on July 14, 2021, the Planning and Zoning Commission recommended Council approve the
subject property is not needed for a public purpose and authorizing its sale. This memorandum
requests the following amendment to Ordinance No. 3222-2021.
Move to add as the eighth whereas; WHEREAS, the Planning and Zoning Commission
recommended Council approve that the subject property is not needed for a public
purpose and authorizing its sale at their meeting on July 14, 2021; and
Thank you for your consideration.
Page 22
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3223-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL
YEAR 2021 ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND –
POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE US DEPARTMENT OF
TRANSPORTATION PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES FOR TRAFFIC ENFORCEMENT OVERTIME
EXPENDITURES.
WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to
support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and
injuries on roadways; and,
WHEREAS, AHSO traffic-related overtime funds require no local match and allow the department
to provide specific traffic safety patrols; and,
WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $2.035.84 from
May 17, 2021 through June 6, 2021; and,
WHEREAS, overtime for these additional traffic safety patrols was not budgeted and the
department is requesting appropriation into the FY21 overtime budget equal to the amount of the
AHSO grant funding received.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these grant funds in the amount of
$2,035.84 and to expend those funds pursuant to all grant terms and conditions and to fulfill the
purpose and intent of this ordinance.
Section 2. That the fiscal year 2021 estimated revenues and appropriations be increased as
follows:
General Fund:
Increase Estimated Revenues –
Federal Grants - Police $2,035.84
Increase Appropriations –
Police – Overtime $2,035.84
Page 23
Ordinance No. 3223-2021
Page 2 of 2
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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 4th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: July 7, 2021
Enacted: August 4, 2021
Effective: August 4, 2021
Page 24
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 23, 2021
SUBJECT: Ordinance No. 3223-2021, Accepting AHSO Grant Funds
The Kenai Police Department continues to participate in traffic enforcement overtime patrols,
reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO).
Actual overtime costs for traffic enforcement between May 17, 2021 and June 6, 2021 that
qualified for AHSO reimbursement, was $2,035.84.
AHSO overtime reimbursements are deposited into the general fund. I would respectfully
request consideration of the ordinance accepting and appropriating the grant amount to the
police overtime account for the FY21 budget year.
Page 25
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Molloy and City Clerk
CITY OF KENAI
ORDINANCE NO. 3224-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
REENACTING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, TO PROVIDE CLARITY,
HOUSEKEEPING, AND PROCESS IMPROVEMENTS.
WHEREAS, Alaska Statute 29.26.010 provides that local governing bodies may establish their
own procedures governing local elections; and,
WHEREAS, the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on
the administration of the annual regular municipal elections resulting in efficiencies to the local
election process; and,
WHEREAS, at their April 20, 2021 meeting the KPB Assembly authorized the Borough Clerk to
purchase new election equipment to be used for local elections removing the need for the use of
state equipment in local elections; and,
WHEREAS, at the July 7, 2021 meeting the City Council the City Manager to enter
into a Memorandum of Agreement for intergovernmental administration of KPB and City Municipal
Elections; and,
WHEREAS, Kenai Municipal Code (KMC) currently references state election statutes in Title 15
for many of its election procedures which is no longer a best practice as state election equipment
will no longer be used; and,
WHEREAS, it is in the best interest of the City to provide for procedures in its elections that are
established locally, with local public process, and align with those of KPB; and,
WHEREAS, additionally, much of the election process is located in one chapter of Kenai Municipal
Code (KMC) and this ordinance seeks to subdivide the chapter into several chapters of like topics.
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:
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Ordinance No. 3224-2021
Page 2 of 45
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
[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.
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)
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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
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.
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Ordinance No. 3224-2021
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(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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Ordinance No. 3224-2021
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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.
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(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
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
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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
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.
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(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
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
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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
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)
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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)
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
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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)
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
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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 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.
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(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.
(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
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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
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)
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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
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(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
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
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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
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
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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)
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 – Definitions
When used in this Title, the following words and phrases have the meaning set forth in this section,
except where the context clearly indicates a different meaning:
"Clerk" and “City Clerk” mean the Clerk of the City, any properly authorized assistant or designee.
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"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special City election.
"Election official" means the City Clerk, Clerk’s office staff, Kenai Peninsula Borough Clerk,
Borough Clerk’s office staff, and members of all election boards.
“Election supervisor” means the City Clerk.
"Oath" includes affirmation on penalty of perjury.
"Precinct" means the geographical area within which resident voters may cast votes at one polling
place.
“Precinct register” means the register maintained by the Director of the State Division of Elections.
"Proposition" means an initiative, referendum, recall, or other question submitted to the public at
an election.
“Qualified voter” means a person who is qualified to vote in City elections under KMC 6.10.010.
“Questioned voter” means any person whose name does not appear on the register in the precinct
where the voter attempts to vote, a voter who has received an absentee ballot and does not turn
it in when voting at his/her precinct on election day, a voter who does not bear identification or is
not personally known to an election official though his/her name appears on the precinct register,
or a voter who is questioned for good cause at the polls in writing.
"Registration" or "registered" refers to the form of registration required by the state election
statute. 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.
“Regular election” means the City election held on the first Tuesday of October annually as
prescribed by Kenai Charter section 10-1.
"Signature" and “subscription” both include 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".
"Voter" means any person who presents themselves for the purpose of registering to vote or
voting, either in person or by absentee application or ballot.
6.05.020 – Powers and Duties of the Clerk
The Clerk shall supervise all City elections and shall determine whether candidates for City office
are qualified in accordance with this Title and City Charter.
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6.05.030 – 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
propositions and 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 and may submit questions to the
qualified voters of the City as authorized by the City Charter, Section 10-8. 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 an 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.
6.05.040 – 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
order a recount of ballots pursuant to KMC 6.45.030. 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.
6.05.050 – Preservation of Election Ballots, Papers, and Materials.
(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) Financial disclosure forms shall be maintained for a period of six years and then may be
destroyed.
(c) Election registers, nominating petitions, declaration of candidacy, and rejected ballots
shall be retained for one year after the certification of the election. These materials may be
destroyed after their retention period has lapsed unless their destruction is stayed by an order
of the court.
6.05.060 – 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.
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6.05.070 – Initiative, Referendum, and Recall.
(a) The initiative and referendum process 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.
(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.
6.05.080 – Proposition and Questions.
A resolution or ordinance brought forward by the City Council placing a proposition before the
voters must be adopted at least 53 days or more before a regular election, and at least 60 days
or more before a special election.
Chapter 6.10
Voter Qualifications
6.10.010 – Voter Qualifications
A person is qualified to vote in a City election only if the person:
(1) is qualified to vote in state elections under AS 15.05.010;
(2) has been a resident of the City for 30 days immediately preceding the election;
(3) 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; and
(4) is not disqualified under article V of the state constitution.
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
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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.
(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) Any qualified person may have their name placed on the ballot for the election as a
candidate for Council or Mayor by filing with the Clerk, between August 1st and August
15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn statement 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
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2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate; and
4. The length of the term of office for which the petitioners are nominating the
candidate; 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.
(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 sworn statement of candidacy and certification of qualification shall include:
1. The office for which the candidate accepts nomination; and
2. A statement that the candidate agrees to serve, if elected; and
3. A statement that the candidate is qualified for the office as provided by law; and
4. The date and signature of the candidate; and
5. Attestation and date by the Clerk; and
(e) A candidate shall provide any other information the Clerk reasonably requires to determine
whether the candidate is qualified for the office as provided by law.
(f) 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.
(g) Any candidate for office may withdraw their 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.
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
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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.
(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 – 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 Statute Chapter 15.13.
6.15.050 – 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 statement of candidacy for the
offices.
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 a
notice of election to be published at least twice in a newspaper of general circulation. 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. The location of the polling place(s) and the hours the polling place(s) shall be open;
4. The offices to which candidates are to be elected;
5. The subjects of propositions to be voted upon;
6. Voter qualifications and instructions for registration; and
7. 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.
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(a) Before each election, the Clerk, subject to approval by the Council, shall appoint an
election board of at least four judges in a precinct. A judge shall be a voter of the City.
The Clerk shall designate one election judge from each precinct as the chairperson, who
shall be primarily responsible for administering the election in the precinct. After Council
approval, the Clerk may assign additional officials if deemed necessary for proper conduct
of the election.
(b) All City election personnel shall be appointed without regard to their membership in any
political party.
(c) If any appointed election official is not able or refuses to serve, the Clerk may appoint a
replacement for that official.
(d) 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.
(e) 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.
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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 15 days before each regular election
and at least 10 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 arrange for delivery of ballots to each election board prior to or on the date
of the election before the opening of the polls. The ballots shall be delivered in separate
containers, with the number of ballots enclosed in each container clearly marked on the
outside. A receipt for each package shall be taken from the election board to which it was
delivered.
(d) No ballots shall be taken from the precinct before the closing of the polls unless the Clerk
for good cause directs that the ballots be removed. A record shall be kept by the election
official of the ballots removed from the precinct.
(e) 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 all absentee in person and polling locations.
6.20.050 – Ballot Shortage
(a) Under no circumstance shall a precinct close due to ballot shortage. The election board
chairperson for the precinct shall monitor the ballot supply at the precinct throughout
Election Day and apprise the Clerk of any projected shortage in the number of available
ballots.
(b) Upon being informed by an election official that there is a projected shortage of ballots,
the Clerk shall promptly supply the precinct with additional printed ballots. If sufficient
additional printed ballots are not available, the Clerk shall supply the precinct with copies
of the original ballot marked "Alternate Ballot."
6.20.060 – Reporting Voting Information to the State.
Within 60 days after each election held in the City, the Clerk shall send to the State of Alaska
Division of Elections the official precinct register, questioned voter register, absentee in person
voter register and special needs voting register containing the names, residence address, and
the voter identification of all persons who voted in that election.
Chapter 6.25
Polling Site Procedures
6.25.010 - Prohibitions.
(a) During the hours that the polls are open, no election official may discuss any political party,
candidate or issue while on duty.
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(b) During the hours the polls are open, no person who is in the polling place or within 200 feet
of any entrance to the polling place 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. For the purposes of this
section, the entrance to a polling place is the entrance to the building. The election board
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 KMC 6.25.080.
(d) While the polls 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 polling place with the official ballot that the person received to mark.
6.25.020 - Opening of Polling Place.
On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall
close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time
between those hours. The election board shall report to the polling place by 6:30 a.m. so that
voting will start promptly at 7:00 a.m. The chair of the election board shall rotate times at which
election judges, board members, and Clerks may be relieved for breaks or meals; provided,
however, that at all times at least two judges from the election board are present at the polling
place.
6.25.030 – Watchers.
(a) Each candidate, or organized group that sponsors or opposes a proposition, may designate
one person at a time to be a poll watcher in each precinct.
(b) A person wishing to serve as a poll watcher shall request authorization from the city clerk no
later than 5:00 p.m. the Tuesday prior to the election. The authorization must include:
1. The name of the person to act as a poll watcher;
2. The name of the candidate, group, or organization the poll watcher is representing;
3. The date of the election; and
4. The precinct the poll watcher wishes to observe.
(c) The poll watcher must present authorization as defined in subsection (b) of this section to the
election official upon request. The poll watcher will be provided an area to view all actions of the
election board. If the poll watcher does not provide the requested authorization, an election official
may require the poll watcher to leave the poll watcher area.
(d) The poll watcher observing may:
1. Observe the conduct of the election; and
2. Check the polling booths after each voter to make sure campaign materials have not been
left in the booth.
3. Remain in the polling place until all procedures are completed.
a. Request the election board to print an additional copy of the results tape for the poll
watcher.
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(e) The poll watcher may not:
1. Have any duties in the conduct of the election;
2. Be allowed to touch any of the election materials; and
3. Interfere or disturb the orderly conduct of the election.
(f) If the poll watcher violates this section or any regulations adopted by the city clerk, the election
official may require the poll watcher to leave the poll watcher area.
6.25.040 - Ballot Box Security.
Before issuing any ballots, the election board must, in the presence of any persons assembled at
the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box
then shall be closed and not opened again or removed from the polling place until the polls have
closed.
6.25.050 - Voter Register.
(a) The Clerk shall order from the State of Alaska Division of Elections an official voter register
showing all persons registered to vote in state elections at a residence address within the
City at least 30 days before the date of the election.
(b) The election board shall keep a register in which each voter's signature, residence and mailing
address shall be entered before the voter receives a ballot. A record shall be kept in the
register in the space provided of the names of persons who offered to vote but who actually
did not vote and a brief statement of explanation. A voter's signing of the register shall
constitute a declaration that the voter is qualified to vote.
(c) If a person's name does not appear on the official registration list in the precinct in which the
person seeks to vote, the person may vote a questioned ballot.
6.25.060 - Voter Identification.
(a) Before being allowed to vote, each voter shall exhibit to an election official one form of
identification, including but not limited to an official voter registration card, driver's license,
passport, hunting or fishing license.
(b) An election official may waive the identification requirement if the election official knows the
identity of the voter.
(c) A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a
questioned ballot.
6.25.070 - Providing Ballot to Voter.
When a voter has qualified to vote, the election official shall give the voter an official ballot. The
voter shall retire to a booth or private place to mark the ballot.
6.25.080 - Questioned Voting.
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(a) If the polling place of a voter is in question, the voter shall vote a questioned ballot after
complying with Subsection C of this section.
(b) Every election official and any other person qualified to vote may question a person attempting
to vote if the questioner has good reason to suspect that the person is not qualified to vote.
All questions regarding a person's qualification to vote shall be made in writing, setting out
the reason that the person has been questioned.
(c) Before voting, a person whose qualification to vote is questioned or whose name does not
appear on the official voter register shall subscribe to an oath or affirmation on a form
provided by the election official attesting to the fact that in each particular the person meets
all the qualifications of a voter, is not disqualified, and has not voted in the same election.
(d) A voter who casts a questioned ballot shall vote his/her ballot in the same manner as
prescribed for other voters. After the election judge removes the numbered stub from the
ballot, the voter shall vote the ballot then insert the voted ballot into a small envelope and put
the small envelope into a larger envelope on which the statement he/she previously signed
is located.
6.25.090 - Assistance to Voters.
A qualified voter who cannot read, mark the ballot or sign his/her name may request an election
official or not more than two persons of his/her choice assist him/her. If the election official is
requested, he/she shall assist the voter. If any other person is requested, the person shall state
upon oath before the election official that he/she will not divulge the vote cast by the person whom
he/she assists.
6.25.100 - Spoiled Ballots.
If a voter mutilates, improperly marks, spoils or otherwise damages the voter's ballot, the voter
may request the election official provide another ballot upon the voter returning the damaged
ballot to the election official. Without examining the spoiled ballot, the election official shall tear
the ballot in half and place half in an envelope provided by the Clerk for a portion of each spoiled
ballot and discard the remaining half. The election official shall then issue a new ballot of the same
type to the voter. A voter may obtain a maximum of three replacement ballots under this section.
6.25.110 - Alternate ballots.
If the use of alternate ballots is required as prescribed in KMC 6.20.050(b) the voter shall vote
his/her ballot in the same manner as prescribed for other voters. The voter shall then place
his/her voted ballot in the side compartment of the ballot box.
6.25.120 - Placing Ballots 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
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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.
6.25.130 - Closing of Polls.
(a) Fifteen minutes before the closing of the polls, and at the time of closing the polls, 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 fifteen minutes before closing
time shall not in any way invalidate the election or extend the time for closing the polls. After
closing, no person will be allowed to enter the polling place for purposes of voting. Every
qualified voter present and in line at the time prescribed for closing the polls may vote.
(b) When the polls are closed and the last vote has been cast, the election board shall account
for all ballots by completing a ballot statement containing, in a manner prescribed by the
Clerk, the number of official ballots supplied.
(c) The election board shall count the number of questioned ballots and shall compare that
number to the number of questioned voters in the register. Discrepancies shall be noted on
the ballot statement.
6.25.140 - Unused Ballots.
The number of ballots not issued shall be recorded and then all such ballots shall be disposed
of as instructed by the Clerk. The number of ballots damaged by voters and replaced by election
officials shall also be recorded. The record of ballots not issued and ballots damaged shall be
preserved for 30 days unless the election is contested.
Chapter 6.30
Absentee 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 instructions to absentee voters regarding the procedure for
absentee voting.
6.30.020 - Eligibility.
Any qualified voter may vote an absentee ballot for the precinct in which they reside and are
registered.
6.30.030 - Materials for Absentee Voting.
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The Clerk shall provide ballots for use as absentee ballots; shall provide a small envelope in which
the voter shall initially place the marked ballot; and shall provide a large envelope, with the
prescribed voter's certificate on the back, in which the smaller envelope with the ballot enclosed,
shall be placed. The Clerk shall provide the form of and prepare the voter's certificate which shall
include an oath that the voter is qualified in all aspects, a blank for the voter's signature, a
certification that the affiant properly executed the marking of the ballot and identified himself or
herself, blanks for the attesting official or witness, and a place for recording the date the envelope
was sealed and witnessed.
6.30.040 - Absentee Voting in Person.
(a) A qualified voter may apply in person for an absentee ballot at the location designated for
absentee voting by the Clerk 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 absentee voting official shall issue the ballot to the
applicant.
(c) The voter shall proceed to mark the ballot in secret, place the ballot in the secrecy sleeve and
place the secrecy sleeve in the larger envelope in the presence of the election official who
shall sign as attesting official and date of his/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 the intent to influence other voters. If the absentee voter improperly marks or
otherwise damages the ballot, the voter may request, and the election official shall provide,
him/her with another ballot up to a maximum of three. Exhibited, improperly marked or
damaged ballots shall be destroyed. The number of ballots destroyed shall be noted on the
ballot statement.
(e) If the qualifications of the absentee voter is subject to question, the voter shall vote a
questioned ballot as provided in KMC 6.25.070.
(f) Each absentee voting official shall keep a record of the names and signatures of voters who
cast absentee ballots before him/her and the dates on which the ballots were cast.
6.30.050 – 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 (7) days before an
election. A voter may request their 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, a voter identifier such as a voter number, social
security number or date of birth, 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 postage paid return envelope sent
with the materials shall be addressed to the Clerk.
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(c) Upon receipt of an absentee ballot by mail, the voter 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 who shall sign as attesting official and shall date their signature. Officials recognized
to attest to the veracity of signatures listed in this subsection are: a notary public, a
commissioned officer of the armed forces, including the National Guard, state court judge,
state court clerk, United States postal official, or other person qualified to administer oaths. 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, they 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 shall, as soon as practicable, make a reasonable effort to contact each absentee
by mail voter, whose absentee ballot would be rejected under KMC 6.40.030(a), explain why
the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth
day after Election Day, to cure the ballot.
(f) 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 their identity.
(g) 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.
6.30.060 – 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 6.30.050 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 polling place 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
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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 may 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 of the polls.
(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) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee
by electronic transmission voter, whose absentee ballot would be rejected under KMC
6.40.030(a), explain why the ballot would be rejected, and provide a reasonable opportunity,
until 5:00 p.m. on the sixth day after Election Day, to cure the ballot.
(h) 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.
6.30.070 – Special Needs Voting.
A qualified voter with a disability who, because of that disability, is unable to go to a polling place
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.
6.30.080 – Prohibitions.
(a) During the hours that the absentee voting locations are open, no election official may discuss
any political party, candidate or issue while on duty.
(b) During the hours the absentee voting locations are open, no person who is in the absentee
voting location or within 200 feet of any entrance to the absentee voting location 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.
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(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 absentee voting locations 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 absentee voting location with the official ballot that the person
received to mark.
6.30.090 - Assistance to Voters.
A qualified voter who cannot read, mark the ballot or sign his/her name may request an election
official or not more than two persons of his/her choice assist him/her. If the election official is
requested, he/she shall assist the voter. If any other person is requested, the person shall state
upon oath before the election official that he/she will not divulge the vote cast by the person whom
he/she assists.
6.30.100 - Counting of Absentee Ballots.
To be counted in the election, an absentee ballot must be postmarked or electronically submitted
on or before Election Day and be received by the Clerk no later than noon the Tuesday following
the election. Ballot envelopes received after the canvass board has completed absentee ballot
counting shall not be opened, but shall be marked "invalid" with the date of receipt noted thereon.
Such envelopes shall be retained with the other election records and destroyed with them as
provided by the City's records retention schedule. Absentee ballot envelopes shall be examined
by the canvass board who shall determine whether the absentee voter is qualified to vote at the
election or whether the ballot has been properly cast.
6.30.110 - Names of Absentee Voters.
The Clerk shall maintain a record of the name of each voter whom an absentee ballot is sent
under this section. The record must list the date on which the ballot is mailed or provided by
electronic transmission, the date on which the ballot is received by the Clerk and the dates on
which the ballot was executed and, if by mail, postmarked. The record shall be available for public
inspection. The absentee voting officials shall provide the Clerk the names and addresses of
those persons who voted or attempted to vote absentee in person.
Chapter 6.35
Ballot Counting Procedures.
6.35.010 – Commencement of Ballot Count.
(a) For counting of paper ballots, when the polls are closed and the last vote has been cast, the
election board shall immediately proceed to open the ballot box, separate the questioned
ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the
election board shall cause the count to be continued without adjournment until the count is
complete. The Clerk may authorize the appointment of counters to assist in the counting of
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ballots. Before undertaking the duties of the office, each counter shall subscribe to an oath to
honestly, faithfully, impartially and promptly carry out the duties of the position. An election
judge may administer the oath. If an appointed counter fails to appear and subscribe to the
oath at the time designated by the Clerk, the election board may appoint any qualified voter
to fill the vacancy.
(b) In optical scan or other computer-read precincts, when the polls have closed and the last vote
has been cast, the election board shall immediately transmit election results to the Borough
Clerk following the written instructions provided to each precinct. Once the election results
have been transmitted, the election board shall open the ballot box, separate questioned and
write-in ballots from other ballots cast, place all ballots in the tamper proof containers provided,
and proceed with the ballot accountability and poll closing procedures provided by the Clerk.
6.35.020 – General Procedure for Ballot Count.
(a) The election supervisor 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; and
2. The number of official ballots voted; and
3. The number of official ballots spoiled; and
4. The number of official ballots unused and destroyed.
(b) The board shall count the number of questioned ballots and shall compare that number to
the number of questioned voters in the register. Discrepancies shall be noted and the
numbers included in the certificate prescribed by the election supervisor.
(c) When hand counting ballots, the election board 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 may
have a marking device in hand or remove a ballot from the immediate vicinity of the polls.
(d) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
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 polling place 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.
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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.
(a) 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.
(b) 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.
(c) 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
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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.
6.35.080 – Other Ballot Counting Systems.
Nothing in this title prohibits the use of other ballot counting systems which have been approved
for use in state or borough elections. The election supervisor, subject to any further approval as
may be required by law, may prescribe rules for the use of these systems or may adopt such
rules, regulations and procedures as have been adopted by the state for use in state elections or
adopted by the borough in borough elections.
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 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) 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 – 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. 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 canvass board. A mistake
which has been made in precinct returns that is not clearly an error in the transfer of the
results from the tallies to the certificate of results empowers the canvass board to
recommend a recount of the results of the precinct or precincts for that portion of the
returns in question. 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
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ballot, and shall prepare a written report of the results.
(b) 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.
6.40.030 – Procedures for Handling Questioned Ballots.
The canvass board by majority vote may refuse to accept the question and count the ballot of a
person properly questioned. If the ballot is refused, the Clerk shall return a copy of the statement
questioning the ballot to the voter, and shall enclose all rejected ballots in a separate envelope
with statements of the basis for the question. The envelope shall be labeled with "rejected ballots"
and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope
shall be opened; the smaller inner envelope shall be placed in a container and mixed with other
absentee ballot envelopes or, in the case of counting questioned ballots, with other questioned
ballot envelopes. The mixed smaller envelopes shall be drawn from the container and opened,
and the ballots shall be counted according to the rules for determining properly marked ballots.
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.
(a) 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 majority vote 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.
(b) 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.
(c) 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.
(d) 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.
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(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 (10) 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 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
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 (5) o’clock
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
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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, 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 – Voting by mail—Ballots—Ballot review—Ballot envelopes.
(a) The 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 Alaska
Statute 15.07.125 for that election. The ballot shall be sent 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, nonforwardable mail no
less than 22 days 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 return envelope supplied to each by-mail voter.
The return envelope shall have printed upon it an affidavit by which the voter shall declare
his/her qualifications to vote, followed by provision for attestation by a person qualified to
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administer oaths or one attesting witness who is at least 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, will be mailed to each voter with the ballot.
6.55.020 - Casting ballots.
(a) Upon receipt of a mail-in ballot, the voter shall cast their ballot in the manner specified in KMC
6.30.050. 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 their ballot in person as specified in
KMC 6.30.040.
(c) A voter may return the mail-in ballot to the City Clerk as provided in KMC 6.55.040.
(d) The Clerk shall immediately make a reasonable effort to contact each voter, whose absentee
ballot would be rejected under KMC 6.40.030, explain why the ballot would be rejected, and
provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Election Day, to cure
the ballot.
6.55.030 - 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 posted in each precinct and the
notice published in newspapers of general circulation in the area of the election jurisdiction
will include the information specified in KMC 6.20.020.
6.55.040 - Absentee voting official—Duties.
(a) The City Clerk, or designee, shall act as absentee voting official. The Clerk shall supply
adequate voting supplies and ballots to the absentee voting officials. The Clerk shall
provide moderate compensation to the absentee voting official to cover added expenses
of the administration of this service, which shall be agreed to by the absentee voting
official.
(b) The duties of the absentee voting officials shall be as follows:
1. Provide absentee voting in person on any date including the day of the election
following the procedures in KMC 6.30.040 and special needs voting on any date
including the day of the election following the procedures in KMC 6.30.070; and
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/her own ballot; and
3. Accept receipt of a by-mail voter's hand-delivered ballot, which has been sworn to,
attested and sealed in the by-mail return envelope; and
4. Provide general voter assistance, including but not limited to, assistance to a qualified
voter who cannot read, mark the ballot, or sign his/her name, and providing
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replacement ballots to voters who have improperly marked or damaged their ballots;
and
5. Date-stamp all ballots received; and
6. Provide for the security and safekeeping of all ballots received and present those
ballots to the Clerk for canvassing. The Clerk will specify the means of returning the
voted ballots and all other election supplies to the City.
6.55.050 - 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 counting of ballots.
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, 2022.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: July 7, 2021
Enacted: August 4, 2021
Effective: January 1, 2022
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: June 28, 2021
SUBJECT: Ordinance No. 3224-2021
Because the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on the
administration of the annual regular municipal elections and is considering entering into a
Memorandum of Agreement (MOA) to memorialize that collaboration along with utilizing KPB’s
new equipment, to include ADA Accessible equipment, and no longer using State election
equipment, I felt it was in the best interest of the City to re-write our election code, Title 6, to align
our election practices with the Borough’s.
This ordinance also makes the following policy changes:
1) Incorporate the opportunity for absentee voters who can, to cure their envelope in what
would have previously been a rejection situation. This feature was appreciated during the
work session in June 2020 when considering a vote by mail method of voting and seeks
to include as many ballots as possible instead of to reject them.
2) Makes the clarification that the Clerk determines qualifications of candidates (Charter
provides that Council determine qualifications of its members which would be after
election). This matches KPB, Soldotna, and the Municipality of Anchorage.
3) Adds a process for determining qualifications of candidates which matches KPB and
Municipality of Anchorage. This provides for an administrative process without the person
getting elected, Council having to conduct the process, and leaving a vacancy for Council
to appoint.
4) Amends the retention for election records. I recommend retaining for one year instead of
the three and four years currently required due to the personally identifiable information
included in these records. Election contests and appeals must be brought within ten days
of certification so the records will certainly be available for those actions. One year is
consistent with KPB.
5) Provides a timeline for adoption of legislation to place a proposition on a ballot which
coincides with KPB. This has been our practice in order for us to collaborate with the KPB,
this spells it out in code.
6) Requires publication of a notice of voter registration as a reminder to voters to update their
registration; this has been past practice and will be added to code.
7) Requires compliance with APOC requirements for campaign reporting. This has been
past practice to notify the candidates of their requirement; now it will be in code.
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8) Requires a public notice announcing vacancies for offices to be filled at the election and
procedures for filing. This is consistent with past practices.
9) Requires noticing of bonded indebtedness before a General Obligation Bond
election. This is consistent with KPB, Soldotna, and Municipality of Anchorage noticing
requirements.
10) Spells out requirements for ballot form consistent with KPB given the likely transition to
utilizing their equipment instead of the State’s.
11) Reporting voter information to the State. This has also been a past practice.
12) Added clarifications to poll watchers; this is consistent with State policy and Fairbanks
North Star Borough.
The above additions and addressing our ADA needs provides value added to our election
processes in a way that honors the wishes of the majority of the voters.
Following is a section by section analysis of what is proposed to be new in our election code and
why, how our current election code was incorporated into this ordinance, and highlights potential
policy changes.
Chapter 6.05 – General Provisions. This chapter compiles the sections containing general
provisions of elections.
6.05.010 – Definitions. This section is new and helps the user understand terms we regularly use
in administration of elections. The definitions are consistent with state and borough law.
6.05.020 – Powers and Duties of the Clerk. This is similar to what is in current code (6.05.070);
matches the Municipality of Anchorage and City of Soldotna. A new policy in this section provides
that the Clerk determines whether a candidate for City office is qualified based on the
qualifications provided in Charter and Title 6. City Charter provides that the Council judges
qualifications of its members; this proposed code would provide for an administrative process to
take place prior to a name being placed on the ballot, before a candidate becomes a member.
6.05.030 – Election Times. This section restates Charter.
6.05.040 – Votes Required for Election to Office. This section restates Charter.
6.05.050 – Preservation of Election Ballots, Papers, and Materials. This section is similar to what
is in current code. A modification to the policies being proposed here is a reduction in the length
of retention of registers, nominating petitions, and declarations of candidacy is from three or four
years to one year. The reason is due to personally identifiable information included in these
records to include dates of birth and/or social security numbers. An election contest can be
brought within ten days after certification. Beyond that, we need to balance the security risk with
the benefit to keeping the records. One year matches the length of time that the Kenai Peninsula
Borough retains their records.
6.05.060 – Election Expenses. This section is similar to what is in current code (6.05.050).
6.05.070 – Initiative, Referendum, and Recall. This section restates charter and is similar to what
is in current code (Chapters 6.20 and 6.30).
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6.05.080 – Proposition and Questions. This is a new add and coincides with the borough’s
requirements for ballot preparation.
Chapter 6.10 – Voter Qualifications. This chapter compiles the sections pertaining to voter
qualifications.
6.10.010 – Voter Qualifications. This section fleshes out Kenai Charter and the Alaska
Constitution; it is copied from AS 29.26.050 which indicates that it applies to home rule
municipalities.
6.10.020 – Rules for Determining Residence of Voters. This section would be new to our code;
restates Alaska Statute 15.05.020 regarding residency.
6.10.030 – Notice of voter registration. This section would be new in our code but has been our
practice for several years. We publish this ad jointly with the City of Soldotna, each city publishing
twice, for a total of four publications in the newspaper to reach a bigger audience.
Chapter 6.15 – Filing for Office. This chapter compiles the sections pertaining to candidates filing
for office.
6.15.010 – Candidate Qualifications. This section is new to code; restates charter.
6.15.020 – Nomination and Declaration of Candidacy. This section restates what is in current
code (6.10.010, 6.10.020, and 6.10.030).
6.15.030 – Review of Candidate Qualifications. This section goes with the new policy that the
Clerk determines qualifications of candidates. These are the rules the Clerk is to use for
determining candidate qualifications and also includes a process for challenging the Clerk’s
determination. These are the administrative processes mentioned in the analysis of 6.05.020 and
are materially the same as KPB’s and Municipality of Anchorage’s procedures.
6.15.040 – Campaign Reporting. This section adds that candidates are to comply with APOC’s
campaign reporting requirements. Our practice has been to provide the information to candidates
in the candidate filing packet. Adding this section memorializes the requirement.
6.15.050 – Notice of Vacancy. This section is new to code; has been past practice for many years.
Chapter 6.20 – Administration of Elections. This chapter compiles the sections pertaining to
election administration.
6.20.010 – Election Notices. This section is what is in current code (6.05.100) and adds a few
provisions which has been past practice (type of election, voter qualifications, and instructions for
absentee voting). It also lengthens what is in current code from ten days to twenty days to provide
voters ample time to navigate absentee voting, if needed.
6.20.020 – Election Officials. This section is in current code (6.05.040).
6.20.030 – Ballot form. This section spells out what the ballot needs to look like and was taken
from the borough. Our current code (6.05.080(a)) says the provisions of state law should be
followed; however, given we will be using KPB equipment, we should follow KPB requirements.
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6.20.040 – Ballot Preparation and Distribution. Much of this section is current code (6.05.080).
Some is new in code but is current practice and aligns with KPB code.
6.20.050 – Ballot Shortage. This is new in the code. It is common in codes as a safety net and
is also in State law (AS 15.15.140).
6.20.060 – Reporting Voting Information to the State. This is new in the code but has been
common practice to assist with keeping voter history records accurate.
Chapter 6.25 – Polling Site Procedures. This chapter compiles the sections pertaining to
procedures at the polling places.
6.25.010 – Prohibitions. This was copied from KPB and City of Soldotna code and has been past
practice; had been incorporated into our current code by reference (6.05.110) where it says
Alaska Statues 15.15 –15.20 should be followed in conducting an election. The provisions
specific to this section were AS 15.15.160 and AS 15.15.170.
6.25.020 – Opening of Polling Place. This section is new in our code and was copied from KPB,
has been past practice, and should remain given the city and borough are cooperatively
administering elections.
6.25.030 – Watchers. We traditionally allow for poll watchers in current code (6.05.060); this
section now clarifies what poll watchers may do and provides a registration process similar to
state law and Fairbanks North Star Borough.
6.25.040 – Ballot Box Security. This section is new in our code and was copied from KPB. It has
been past practice in local and state elections and is a part of the instructions manuals.
6.25.050 – Voter Register. This section restates current code (6.05.080(c) and 6.05.020(a)).
6.25.060 – Voter Identification. This section restates current code (6.05.020(b)) and also State
law, AS 15.15.225.
6.25.070 – Providing Ballot to Voter. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110). The procedure has been practice. The
language is similar to KPB’s code and is also in State law, AS 15.15.230.
6.25.080 – Questioned Voting. This section is newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.198 and AS 15.15.210. The
procedure has been past practice and the language is similar to KPB’s code.
6.25.090 – Assistance to Voters. This section is newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The procedure has
been past practice and the language is similar to KPB’s code.
6.25.100 – Spoiled Ballots. This section is newly spelled out in our code; it was incorporated by
reference in current code (6.05.110) as it is in State law, AS 15.15.250. The procedure has been
past practice and the language is similar to KPB’s code.
6.25.110 – Alternate Ballots. This section is newly spelled out in our code. The procedure has
been past practice and the language is similar to KPB’s code.
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6.25.120 – Placing Ballots in Ballot Box. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.260. The
procedure has been past practice and the language is similar to KPB’s code.
6.25.130 – Closing of Polls. This section is newly spelled out in our code; it was incorporated by
reference in current code (6.05.110) as it is in State law, AS 15.15.310 – AS 15.15.330 and
AS15.15.350. The procedure has been past practice and the language is similar to KPB’s code.
6.25.140 – Unused Ballots. This section is newly spelled out in our code; it has been past practice
in state and local elections. The language of this section is similar to KPB’s code.
Chapter 6.30 – Absentee Voting. This chapter compiles the sections pertaining to absentee
voting.
6.30.110 – Administration of Absentee Voting. This section is similar to current code (6.05.140).
6.30.020 – Eligibility. This section is similar to current code (6.05.140 and 6.05.150).
6.30.030 – Materials for Absentee Voting. This section is similar to current code (6.05.160).
6.30.040 – Absentee Voting in Person. This section is similar to current code (6.05.145).
6.30.050 – Absentee Voting - By Mail. A portion of this section is similar to current code (6.05.150).
The remainder of it was incorporated by reference as it is in State law, AS 15.20.081. The
procedure has been past practice and the language is similar to KPB’s code.
6.30.060 – Absentee Voting - By Electronic Transmission. This section is the same as current
code (6.05.335).
6.30.070 – Special Needs Voting. This section is newly spelled out in our code, referencing state
law. It was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.072. The procedure has been past practice and the language is similar to KPB’s code.
6.30.080 – Prohibitions. This section was modified the previous section specific to in person
voting; they are the same prohibitions specific to absentee voting. This was copied from KPB and
City of Soldotna code and has been past practice; had been incorporated into our current code
by reference (6.05.110) where it says Alaska Statues 15.15 –15.20 should be followed in
conducting an election. The provisions specific to this section were AS 15.15.160 and AS
15.15.170.
6.30.090 – Assistance to Voters. This section was modified the previous section specific to in
person voting; it is the same assistance information specific to absentee voting. This was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The
procedure has been past practice and the language is similar to KPB’s code.
6.30.100 – Counting of Absentee Ballots. This section is, for the most part, in current code
(6.05.120(c)). It has been adapted to match KPB code.
6.30.110 – Names of Absentee Voters. This section is new in code, has been past practice, and
was copied from KPB code.
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Chapter 6.35 – Ballot Counting Procedures This chapter compiles the sections pertaining to
procedures for counting ballots.
6.35.010 – Commencement of Ballot Count. This section is new in code, has been past practice,
and was copied from KPB code to align with cooperative administration of elections.
6.35.020 – General Procedure for Ballot Count. This section is newly spelled out in our code; it
was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.350. The
procedure has been past practice and the language is similar to KPB’s code.
6.35.030 – Rules for Counting Hand-Marked Ballots. This section is newly spelled out in our code;
it was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.360.
This section provides guidance for ballots which the optical scanner or other computer read ballot
was unable to read.
6.35.040 – Write-in Votes. This section would be newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.365 and AS 15.15.361.
6.35.050 – Disqualified Candidates. This section would be newly spelled out in our code; it goes
along with the new policy that the Clerk determines qualifications of candidates. Because it is
possible for the candidate to be disqualified after the ballots have been ordered, this section
addresses not counting those votes. The language in this section is similar to KPB.
6.35.060 – Tally of Votes. This section would be new in our code. It is copied from KPB code. It
gives provisions for counting ballots in the event of an equipment failure or power outage.
6.35.070 – Completion of Ballot Count. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.370. This
section provides guidance for returning the completed election materials to the clerk.
6.35.080 – Other Ballot Counting Systems. This section would be new in our code. It is copied
from KPB code. It gives provides for using equipment approved for use in state and borough
elections.
Chapter 6.40 – Canvassing and Certification of Election Results. This chapter compiles the
sections pertaining to canvassing and certifying the election.
6.40.010 – Canvass Board. This section is in current code (6.05.120(a)(1&2). I’ve added that
they must take an oath which is consistent with past practice and was copied from KPB code.
6.40.020 – Canvass of Returns. This section restates current code (6.05.120(b))
6.40.030 – Procedures for Handling Questioned Ballots. This section is newly spelled out in our
code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.207. This section provides guidance for counting or rejecting questioned ballots.
6.40.040 – Voters Not on Official Registration List. This section is newly spelled out in our code;
it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.198.
This section provides guidance for rejecting ballots of voters whose registrations have been
canceled.
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6.40.050 – Certification of the Election Results. This section would be new in our code. It fleshes
out Charter and was copied from KPB; it provides guidance on Council action after receipt of the
report of the Canvass Board.
Chapter 6.45 – Election Recount. This chapter compiles the sections pertaining to an election
recount.
6.45.010 – Recount Application. This section, for the most part, is in current code (6.05.220). It
has been expanded to include additional details about the recount request on the application
which has been modified from AS 15.20.440 and KPB code.
6.45.020 – Date of Recount – Notice. This section is substantially the same as current code
(6.05.220(c)). It adds provisions for notifying the applicant for recount and interested parties of
the time and place the recount will be taking place.
6.45.030 – Procedure for Recount. This section is newly spelled out in our code and is similar to
KPB code. It was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.480.
6.45.040 – Certification of Recount Result. This section is newly spelled out in our code and is
similar to KPB code. It was incorporated by reference in current code (6.05.110) as it is in State
law, AS 15.20.490.
6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount. This section
expands on current code (6.05.220(b)). It is similar to KPB code and addresses partial refunds
and recovering excess costs should the recount not change the results by 4% or more.
6.45.060 – Appeal to the Courts After Recount. This section is in current code (6.05.230)
Chapter 6.50 – Contest of Election. This chapter compiles the sections pertaining to an election
contest and is addressed in current code (6.05.240) where guidance is to use same grounds and
in the same manner, as nearly as may be, as in election contests arising out of State elections.
State law has been written into this chapter of the ordinance as adapted from State law, AS
15.20.540 - 550. Also, pursuant to AS 29.26.070, which provides that governing bodies may, by
ordinance, set the procedure for the contest of an election, provisions similar to KPB, Ketchikan
Gateway Borough, Mat-Su Borough, and City of Soldotna, related to a local investigation process
were incorporated prior to the matter being elevated to superior court.
Chapter 6.55 - Special Elections. This chapter compiles the sections pertaining to a special
election and is in this ordinance as it is in current code (6.05.300 – 6.05.340).
To the extent possible, 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:
• 6.05.190 which addresses a receiving board which has traditionally been the members of
the Clerk’s Office, and a data processing control board which KPB has traditionally
provided for and is incorporated in the MOA considered in Resolution No. 2021-46;
• 6.05.210 which speaks to computer testing which KPB has traditionally provided for and
is incorporated in the MOA considered in Resolution No. 2021-46; and,
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• 6.05.250 which speaks to rules and regulations developed by the Director of Elections at
the state level also applying to City elections, however, by collaborating with KPB, we
should match KPB as much as possible.
• 6.05.270 which addressed offenses and penalties; those offenses and penalties are
addressed in state law, carry heavier penalties in state law, and we can prosecute those
offenses.
Your consideration is appreciated.
Page 78
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: July 27, 2021
SUBJECT: Ordinance No. 3224-2021 – Title 6 Rewrite
On July 7, 2021 you introduced Ordinance No. 3224-2021. Also at your July 7 2021 meeting, you
authorized entering into a Memorandum of Agreement with the Borough regarding election
administration. This memorandum requests the following amendment to Ordinance No. 3224-
2021.
Move to insert the word authorized in the blank in fourth whereas clause.
Thank you for your consideration.
Page 79
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021-53
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE STATE OF
ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR DESIGN,
CONSTRUCTION AND MAINTENANCE OF THE KENAI BRIDGE ACCESS ROAD PATHWAY
PROJECT.
WHEREAS, an Alaska Transportation Alternatives Program grant in the amount of $2,971,354
has been allocated for the construction of 1.2 miles of pedestrian path beginning at the
intersection of the Kenai Spur Highway and Bridge Access Road and terminating at the
intersection of Beaver Loop and Bridge Access Road; and,
WHEREAS, the grant requires a local match which was originally estimated to be $216,560, but
has increased to $294,947 as the project progresses and the total cost of the project is estimated
to be $3,266,301; and,
WHEREAS, Ordinance 3137-2020, appropriated $216,560 for the Bridge Access Road bike path
utilizing proceeds from the Daubenspeck family donation to meet the City’s initial estimated match
and authorized the City Manager to execute an agreement with the Alaska Department of
Transportation and Public Facilities (AKDOT&PF) to plan, design, and construct the path; and,
WHEREAS, the Fiscal Year 2022 Annual Budget included Supplemental Funding for the Bridge
Access Bike Path in the amount of $78,387 to meet the non-federal match of no more than 9.03%,
$294,947, of the current project cost estimate, which may increase or decrease as the project is
developed and bid; and,
WHEREAS, a Memorandum of Agreement (MOU) provides the authority for the AKDOT&PF to
plan, design, and construct the pathway using Federal funds and the City’s match and the City
agrees to maintain the project once constructed; and,
WHEREAS, the MOU allows work to begin on the project and is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a Memorandum of Agreement with
the Alaska Department of Transportation and Public Facilities for plan, design, and construction
of improvements to create a paved bicycle and pedestrian pathway from Beaver Loop Road at
Bridge Access Road towards the City of Kenai.
Section 2. That this resolution takes effect immediately upon passage.
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Resolution No. 2021-53
Page 2 of 2
_____________________________________________________________________________________
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _____________________
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Memorandum of Agreement
Between State of Alaska and
The City of Kenai
Project Name: Kenai Bridge Access Road Pathway
Federal Project No.: [tba] State Project No.: CFHWY00689
The parties to this agreement are the State of Alaska acting through its Department of Transportation and Public
Facilities (hereafter AKDOT&PF) and The City of Kenai, an incorporated city established under Alaska law
(hereafter the City).
WHEREAS, the City agrees to maintain the project once constructed;
WHEREAS, AKDOT&PF has the authority to plan, design, and construct improvements to
Create a paved bicycle and pedestrian pathway from Beaver Loop Road at Bridge Access
Road towards the city of Kenai, (hereafter the project);
WHEREAS, the City by resolution desires that Federal funds be used, therefore DOT&PF will
plan, design and construct the project; and
WHEREAS, the City by resolution agreed to maintain the project to local standards upon its
completion; and
WHEREAS, Alaska Statute 19.05.040 provides that AKDOT&PF may enter into agreement with
Municipalities relating to highways.
THEREFORE, the parties, in consideration of the mutual promises contained in this agreement, agree to the
following:
1. FINANCIAL PARTICIPATION
The City hereby agrees to provide non-federal matching funds for the project including matching funds required for
project contingencies.
The City’s matching fund contributions shall be lump sum payments due prior to initiation of each phase
authorization from the Federal Highway Administration. Contingency will be:
o an additional 50% of the cost estimate for all phases prior to Construction phase and Utilities
Relocation phase.
o Contingency shall be revised downward from 50% to 15% of the, then current, cost estimate after
completion of the final design and prior to Construction phase and Utilities Relocation phase.
Payment of Design Phase total matching funds in the amount of $46,861 is due from the City by September 30,
2021. The schedule for all subsequent payments shall be based on the project development schedule developed by
the AKDOT&PF Project Manager. Failure to provide matching funds consistent with the current project
development schedule may be deemed a breach of this agreement and will result in project cessation and the City
shall repay all
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expenditures incurred by AKDOT&PF that are not federally reimbursable.
As the project design develops, cost estimates, and schedule for all project phases will be refined. Cost estimate and
contingencies will be updated via project amendment as project progresses, but initial cost estimate and required
matching funds are calculated as follows:
• Cost estimate non-federal match – City shall pay no more than 9.03% of the current cost estimate by phase as
negotiated, plus the contingency match.
• Contingency match – In the event that the project cost is greater than the initial cost estimate AKDOT&PF
shall provide federal funds for the additional costs up to an additional 50% above the initial cost estimate and
the City shall pay the minimum 9.03% required non-federal match for cost estimate contingencies.
Design match $46,860
Construction match $237,209
Utility match $10,878
Total match $294,947
If the City ceases to fund match, the City hereby agrees to reimburse AKDOT&PF for all project costs incurred that
are not Federally reimbursable.
Upon project completion and final project closeout, if the final cost is less than the Agreement cost, the local
contribution will be recalculated and excess contribution will be refunded to the City.
2. PROJECT RANKING
DOT&PF shall, while ranking this project with other projects during the preparation of the Statewide Transport ation
Improvement Program (STIP) and capital budgeting process, recognize that the City has agreed to provide local
matching funds and maintain the project.
3. PLANNING, DESIGN, AND CONSTRUCTION
DOT&PF shall plan, design, and construct the project within th e approved scope and funding.
4. MAINTENANCE AND OPERATIONS
a. The City agrees to maintain the project at its own expense consistent with 23 CFR 1.27 and DOT&PF’s Alaska
Highway Maintenance and Operations Manual (AHMOM). In the event of conflict between 23 CFR 1.27 and
AHMOM, the more stringent provisions set the minimum standards.
b. The City shall perform its activities under this agreement at its sole cost and expense and without reimbursement
from DOT&PF. These maintenance activities include, but are not limited to:
(1) planning, scheduling, administration, and logistics of maintenance activities,
snow and ice control, including all plowing, sanding, culvert and storm sewer thawing, drift control, snow
slide removal, and associated tasks as may be required for the safe and timely passage of the public
consistent with Municipal standards;
(2) removal of debris, rubbish, and dead animals
c. Maintenance staff may be employees of the City, another unit of government, or a contractor under agreement
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3
with the City. All maintenance will be performed for efficient operation of the complete project improvements
The City’s maintenance responsibilities commence the date of project substantiated completion.
d. City agrees to perform property management and maintain and operate the project for the lifespan of the project, a
period of not less than twenty years.
5. INDEMNIFICATION
The City shall hold the DOT&PF, its officers, employees, and agents harmless from and defend and indemnify the
DOT&PF for liability, claims, or causes of action arising out of this Agreement.
Notwithstanding the foregoing, the City shall have no obligation to hold harmless and indemnify the DOT&PF to the
extent the DOT&PF is determined to be liable for its own act or omissions, except that:
A. To the maximum extent allowed by law, the City shall hold the DOT&PF harmless from and indemnify the
DOT&PF for liability, claims, or causes of action arising from an alleged defect in the design or construction
of facilities existing on the premises at the date of this Agreement or constructed or improved pursuant to this
Agreement, regardless of negligence or other fault, if such liability, claim, or cause of action arises out of an
incident that occurs more than six years after the City assumes maintenance duties.
B. The City’s duty to defend shall apply regardless of whether it is also alleged that the DOT&PF’s acts or
omissions contributed to the injury (including injury to personal property, real property or persons, including
fatal injury).
C. Neither liability, claims, or causes of action arising from injuries which occurred prior to the date of this
transfer nor liabilities imposed by, or claims or causes of action arising from or asserted under AS 46.03.822
shall be governed by the paragraph.
6. DISPUTE RESOLUTION
a. If a dispute arises under this agreement between the City and DOT&PF, and the parties cannot resolve the matter
between them within 45 days after the notice is given by the aggrieved party to the other party, the aggrieved
party may request that the matter be resolved by arbitration.
b. Each party shall appoint an arbitrator to hear the dispute. The two arbitrators acting together shall select a third
arbitrator with all appointments to occur in accordance with State Procurement code, AS 36.50. The three
arbitrators shall hear the matter under such rules and procedures, as they deem necessary to conduct the
proceedings.
c. Each party shall pay the expenses of the arbitrator it appoints and shall pay half of the cost of the proceedings and
the third arbitrator.
d. Except when the provisions of this paragraph provide otherwise, an arbitration under this paragraph is subject to
AS 09.43.010 – 09.43.180, the Uniform Arbitration Act.
7. PENALTY FOR BREACH
a. Any withdrawal of the City’s promise to maintain and operate the project upon completion, including a
withdrawal at any time after construction is completed, shall be considered a breach. If, prior to advertising for
construction, the City withdraws its promise to maintain and operate the project upon co mpletion, DOT&PF will
reevaluate each project nominated by the City without consideration of Municipal maintenance. If the City
withdraws its promise after the advertisement of a project for bid, the DOT&PF may proceed with construction of
the project and seek recovery of maintenance costs from the City. In the evaluation of other projects in the City in
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4
the succeeding six years after the breach, DOT&PF will not include consideration of Municipal contribution until
the City has cured the breach to DOT&PF’s satisfaction.
b. If notified by DOT&PF in writing that it is in violation of any of the terms, conditions, or provisions of this
Agreement, and a default has occurred, the City shall have thirty (30) days from the date of such notification to
remedy the default or, if the remedy will take in excess of thirty (30) days to complete, the City shall have thirty
(30) days to satisfactorily commence a remedy of the causes preventing its compliance and curing the default
situation. Expiration of the thirty (30) days and failure by the City to remedy, or to satisfactorily commence the
remedy of, the default shall result in the termination of this Agreement by DOT&PF.
c. If the City makes a written request for the cancellation of a federal-aid project, City shall bear 100 percent of all
costs as of the date of cancellation. If DOT&PF was the sole cause of the cancellation, DOT&PF shall bear 100%
of all costs incurred. After settlement of payments, DOT&PF shall deliver surveys, maps, field notes, and all
other data to City.
8. CONTACTS
The DOT&PF’s contact is Alex Read, Design Project Manager. The City’s contact is Paul Ostrander, or as may be
redesignated in writing from time to time.
9. TERM OF THE AGREEMENT
The agreement start date is the date of final signature executing this agreement.
This agreement will remain in force until such a time that AKDOT&PF and the CITY provide notice of termination.
Notice will be given at least thirty (30) days in advance of the termination date. Termination of the agree ment may
result in project cessation and may require the CITY repay all expenditures incurred by AKDOT&PF that are not
federally reimbursable if termination is the fault of the CITY.
10. AMENDMENT OF AGREEMENT
This agreement may only be modified or amended by written agreement signed by the original signatories or their
successors in office.
11. THE WHOLE AGREEMENT
This agreement constitutes the entire agreement between the parties. There are no other understandings or
agreements between the parties, either ora l or memorialized in writing regarding the matters addressed in this
agreement. This agreement may not be amended by the parties unless agreed to in writing with both parties signing
through their authorized representatives.
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5
SIGNATURES
Dated: State of Alaska
Department of Transportation and Public Facilities
Wolfgang Junge, P.E.
Regional Director
Dated: City of Kenai
Paul Ostrander
City Manager
Page 86
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: July 26, 2021
SUBJECT: Resolution No. 2021-53 – Kenai Bridge Access Road Pathway Project
On June 17, 2021, the City Council passed Ordinance 3137-2020, which appropriated matching
funds needed for an Alaska Transportation Alternatives Program (ATAP) grant in the amount of
$2,971,354 that had been allocated for the construction of 1.2 miles of pedestrian path beginning
at the intersection of the Kenai Spur Highway and Bridge Access Road and terminating at the
intersection of Beaver Loop and Bridge Access Road. The proposed pathway will be constructed
by the Alaska Department of Transportation and Public Facilities (AKDOT&PF), and once
complete, the City will be responsible for its maintenance.
The source of City funding for the initial estimated $216,560 match are proceeds the City has
received from land and subsurface mineral rights donated to the City by the Daubenspeck family.
Last fall, AKDOT&PF provided an updated total current project cost estimate for plan, design, and
construction of improvements to be $3,266,301, with the City match of 9.03% being $294,947.
The additional $78,387 of City funding was included in the FY22 Annual Budget Supplemental
Funding to meet the remaining non-federal match of no more than 9.03% of the current project
cost estimate, and an additional appropriation is not necessary at this time.
The construction of a pedestrian pathway will provide enhanced recreational opportunities for the
citizens and visitors of Kenai. Resolution 2021-53 authorizes the City Manager to enter into a
Memorandum of Agreement that provides the authority for the AKDOT&PF to begin work on the
project.
Your consideration is appreciated.
Page 87
City of Kenai Council Meeting Page 1 of 12
July 7, 2021
KENAI CITY COUNCIL – REGULAR MEETING
JULY 7, 2021 – 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 July 7, 2021, 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 Teea Winger
Jim Glendening Glenese Pettey
Victoria Askin
A quorum was present.
Also in attendance were:
Terry Eubank, Acting City Manager
Jamie Heinz, City Clerk
3. Agenda Approval
MOTION:
Mayor Gabriel noted the following revisions to the agenda and packet:
Add to item D.1 Ordinance No. 3217-2021
• Amendment Memo
Add to item D.2 Ordinance No. 3219-2021
• Amendment Memo
• Supplemental Information
Add to item D.6 Resolution No. 2021-48
• Substitute Resolution
• Substitute Resolution Memo
Page 88
City of Kenai Council Meeting Page 2 of 12
July 7, 2021
Add to item I Report of the Mayor
• Mayoral Letter Regarding FMP Regulations
Add to item J.3 City Clerk’s Report
• Board of Adjustment Hearing Memo
Add to item O Information Items
• Fourth of July Parade Results
Vice Mayor Molloy MOVED to approve the agenda with the requested revisions and requested
UNANIMOUS CONSENT. Council Member Glendening 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. Council Member Glendening 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 - None
C. UNSCHEDULED PUBLIC COMMENTS
Marian Nelson reported that the Kenai Fine Art Center reopening had been a success, and thanked
the members of Council who attended the event. She explained what is needed to finish the
remodeling, and what has already been spent on the work that has been done so far. She referred
to a quote from Polar North Construction detailing the remaining costs, and asked Council to
consider her request for more funds.
Patty See thanked the Council for serving the community, and discussed two issues that
concerned her. First, she requested an annual report of the safety of the City’s drinking water be
sent out. Second, she expressed concern about beetle kill trees as fire hazards, and her hope
that the City has developed a plan for mitigation.
D. PUBLIC HEARINGS
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City of Kenai Council Meeting Page 3 of 12
July 7, 2021
1. Ordinance No. 3217-2021 - Conditionally Donating Certain City Owned Property
Described as Two Approximate 1 1/4 Acre Parcels to be Subdivided from a Portion
of the 72 Acre More or Less Portion of the SE 1/4 Lying East of Tract A Kenai
Meadows (KPB Parcel No. 039 010 65) To Kenai Peninsula Housing Initiative for the
Development of Restricted Income and Senior Housing. (Mayor Gabriel, Vice Mayor
Molloy, Council Member Winger)
[Clerk's Note: At the June 16th Meeting, this Ordinance was Postponed to this
Meeting; a Motion to Enact is On the Floor.]
Mayor Gabriel opened the floor for public comment.
Steven Rouse, Executive Director of Kenai Peninsula Housing Initiative, thanked Council for
considering his proposal.
There being no one wishing to be heard, the public comment period was closed.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Ordinance No. 3217-2021 by adding the sixth
whereas clause; “W HEREAS, the Planning and Zoning Commission recommended approval of
the conditional land donation at their meeting on June 23, 2021; and”. Council Member Glendening
SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Gabriel, Pettey, Knackstedt, Glendening, Molloy, Winger, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3219-2021 - Conditionally Donating Certain City Owned Property
Described as One Approximate 2 Acre Parcel to be Subdivided from a Portion of the
6.8 Acre More or Less Portion of the East of Tract 4, Baron Park Subdivision (KPB
Parcel No. 045 01 035) to Triumvirate Theatre for the Development of a Theatre
Facility. (Administration)
[Clerk's Note: At the June 16th Meeting, this Ordinance was Postponed to this
Meeting; a Motion to Enact is On the Floor.]
Mayor Gabriel opened the floor for public comment.
Steven Rizzo thanked Council for considering this donation. He described how the presence of
the theatre in Kenai could transform the community by nurturing youth and making an economic
impact, and presented conceptual drawings and layouts included in the laydown.
MOTION TO AMEND:
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City of Kenai Council Meeting Page 4 of 12
July 7, 2021
Vice Mayor Molloy MOVED to amend the legal description of Ordinance No. 3219-2021 in both
the Title and Section 2 to Tract 4A, Baron Park 2020 Replat. Council Member Winger SECONDED
the motion. UNANIMOUS CONSENT was requested.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance 3219-2021 by adding the sixth whereas clause;
“WHEREAS, the Planning and Zoning Commission recommended approval of the conditional land
donation at their meeting on June 23, 2021; and”. Council Member Winger SECONDED the
motion. UNANIMOUS CONSENT was requested.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Pettey, Knackstedt, Glendening, Molloy, Winger, Askin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3225-2021 - Accepting and Appropriating a Go Further Fund Building
Capacity Grant from Meals on Wheels America for the Kenai Senior Center’s Ability
to Meet the Increased Need Brought on by COVID-19, Expanding Comprehensive
Services and Drive Innovation in the Areas of Nutrition and
Socialization. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
MOTION FOR INTRODUCTION:
Vice Mayor Molloy MOVED to introduce Ordinance No. 3225-2021 and Council Member Askin
SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON INTRODUCTION: There being no objection; SO ORDERED.
MOTION FOR SECOND READING:
Vice Mayor Molloy MOVED to hold a second reading of Ordinance No. 3225-2021 and Council
Member Askin SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE SECOND READING: There being no objection; SO ORDERED.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
MOTION FOR ENACTMENT:
Page 91
City of Kenai Council Meeting Page 5 of 12
July 7, 2021
Vice Mayor Molloy MOVED to enact Ordinance No. 3225-2021 and Council Member Askin
SECONDED the motion.
VOTE ON MOTION TO ENACT:
YEA: Knackstedt, Glendening, Molloy, Winger, Askin, Gabriel, Pettey
NAY:
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2021-46 - Adopting Joint Resolution No. 2021-001 of the Assembly
of the Kenai Peninsula Borough and Councils of the Cities of Homer, Kenai, Seldovia,
Seward and Soldotna Respectively, for the Purpose of Intergovernmental
Administration of Borough and City Elections. (City Clerk)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-46 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
Clarification was provided that this agreement makes official the collaboration between the
Borough and the City which has been past practice in regards to elections, but using Borough
equipment instead of State-owned equipment, allowing for voters to have a similar voting
experience. It was noted that ADA equipment would be placed at each precinct, that the Borough
would program the equipment, the Borough’s Canvass Board tests the equipment, and the
Borough would also be enacting ordinances regarding their policies for security and logic and
accuracy testing.
There was discussion regarding the voting system that the Borough had purchased.
Clarification was provided that the new costs of this agreement were for ballot programming, logic
and accuracy testing, and voter pamphlet pages; noted that the increases were not significant and
had been budgeted for.
VOTE:
YEA: Glendening, Molloy, Winger, Askin, Gabriel, Pettey, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
5. Resolution No. 2021-47 - Accepting Coronavirus State and Local Fiscal Recovery
Funds Award to Non-Entitlement Units of Local Government from the State Of Alaska
Department of Commerce, Community and Economic Development. (Administration)
MOTION:
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City of Kenai Council Meeting Page 6 of 12
July 7, 2021
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-47 and Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
Clarification was provided that this resolution was required by the State in order to meet the federal
guidelines for receiving ARPA funds which gave the City the ability to negotiate the grant
agreements. It was noted that once the final amount was known Administration would bring back
an ordinance for appropriation of the funds.
A brief explanation was given for some of the differences between ARPA and CARES Act funds,
noting the eligible expenditures were different.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
6. Resolution No. 2021-48 - Authorizing a Service Agreement for the Personal Use
Fishery Dumpsters and Portable Restrooms. (Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-48 and Council Member Glendening
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
MOTION TO AMEND BY SUBSTITUTE:
Vice Mayor Molloy MOVED to amend Resolution No. 2021-48 by Substitute. Council Member
Knackstedt SECONDED and requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objection; SO ORDERED.
It was noted that Alaska Waste did not submit a bid.
VOTE:
YEA: Winger, Askin, Gabriel, Pettey, Knackstedt, Glendening, Molloy
NAY:
MOTION PASSED UNANIMOUSLY.
7. Resolution No. 2021-49 - Authorizing A Contract Award to Supply Operational
Chemicals for the City’s Water Treatment and Wastewater Treatment Facilities.
(Administration)
MOTION:
Page 93
City of Kenai Council Meeting Page 7 of 12
July 7, 2021
Council Member Knackstedt MOVED to adopt Resolution No. 2021-49 and Council Member Askin
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
8. Resolution No. 2021-50 - Authorizing a Service Contract Extension to Provide
Refueling Services for City Facility Fuel Tanks. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-50 and Council Member Askin
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
UNANIMOUS CONSENT was requested.
Clarification was provided that the largest use for this contract was for airport snow removal; also
provided fuel for backup generators at all City facilities.
VOTE: There being no objection; SO ORDERED.
9. Resolution No. 2021-51 - Amending the Schedule of Rates, Charges, and Fees to
Incorporate Changes to Facility Rental Gym Fees at the Kenai Recreation Center.
(Administration)
MOTION:
Council Member Askin MOVED to adopt Resolution No. 2021-51 and Council Member Winger
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
Clarification was provided that the biggest user group was the Boys & Girls Club indoor soccer
and basketball; other frequent users included Kenai Little League, Kenai Central High School
basketball, and Kenai Middle School. All of the groups noted qualified as non-profit youth athletic
programs that could use the facilities for free.
UNANIMOUS CONSENT was requested.
It was noted that City employees and anyone under the age of 18 could use the gym for free.
VOTE: There being no objection; SO ORDERED.
Page 94
City of Kenai Council Meeting Page 8 of 12
July 7, 2021
10. Resolution No. 2021-52 - Opposing Amendment 14 to the Fishery Management
Plan for Salmon Fisheries in the EEZ Off Alaska. (Mayor Gabriel and All Council
Members)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-52 and Council Member Pettey
SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
Council and Administration were thanked for putting together a strong resolution that provides a
succinct message on the City’s stance on this issue. Support was expressed for the resolution,
and it was noted that the loss of the fisheries would also be harmful to many citizens. Clarification
was provided on how this resolution will be submitted as public comment.
VOTE:
YEA: Molloy, Winger, Askin, Gabriel, Pettey, Knackstedt, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
E. MINUTES
1. *Regular Meeting of June 16, 2021. (City Clerk)
Approved by the consent agenda.
F. UNFINISHED BUSINESS
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. *Ordinance No. 3221-2021 - Determining that Real Property Described as Lot 4A,
Block 3, Cook Inlet Industrial Air Park 2014 Replat, According to Plan No. 2014-21,
City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a
Public Purpose and Authorizing the Sale of the Property to Schilling Rentals, an
Alaska Partnership. (Administration)
Introduced by the consent agenda and Public Hearing set for August 4, 2021.
Page 95
City of Kenai Council Meeting Page 9 of 12
July 7, 2021
4. *Ordinance No. 3222-2021 - Determining that Real Property Described as Lot 1A,
Block 1, Deshka Subdivision, According to Plat No. K-1577, City-Owned Airport Land
Located Outside the Airport Reserve, is Not Needed for a Public Purpose and
Authorizing the Sale of the Property to Schilling Rentals (2016), LLC. (Administration)
Introduced by the consent agenda and Public Hearing set for August 4, 2021.
5. *Ordinance No. 3223-2021 - Increasing Fiscal Year 2021 Estimated Revenues and
Appropriations in the General Fund – Police Department and Accepting a Grant from
the US Department pf Transportation Passed through the State of Alaska
Department of Transportation and Public Facilities for Traffic Enforcement Overtime
Expenditures. (Administration)
Introduced by the consent agenda and Public Hearing set for August 4, 2021.
6. *Ordinance No. 3224-2021 - Repealing and Reenacting Kenai Municipal Code Title
6 - Elections, to Provide Clarity, Housekeeping, and Process Improvements. (Vice
Mayor Molloy and City Clerk)
Introduced by the consent agenda and Public Hearing set for August 4, 2021.
7. Action/Approval - Resume Normal Seating in Council Chambers for All Council and
Commission Meetings. (City Clerk)
Clarification was provided that a poll was taken among Council members who unanimously agreed
to return to dais seating. It was noted that the City of Soldotna had recently returned to normal
pre-COVID seating for the public, and the Council agreed without objection to do the same.
8. Action/Approval - Public Participation by Zoom for Council and Commission
Meetings. (City Clerk)
Clarification was provided that the Cities of Soldotna and Seward chose not to continue Zoom for
public meetings. It was noted that City of Kenai Council and Planning & Zoning Commission
meetings are livestreamed through YouTube, which makes it viewable to the public but does not
allow for remote participation.
The Council discussed removing Zoom from public meetings, and it was noted that Zoom allows
for more access to meetings for people who cannot come in person. Preference was expressed
for in-person participation, especially for adjudicatory meetings. Discussion included the possibility
for a remote participation of Scheduled Public Comment presenters through Zoom, and other
options for people to submit public comment or view meetings.
MOTION:
Vice Mayor Molloy MOVED to approve public participation by Zoom for Council and Commission
meetings, excluding adjudicatory meetings, until the City’s contract with Zoom expires in March
2022. Council Member Winger SECONDED the motion.
The topic of transparency and whether or not Zoom affected it was considered.
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City of Kenai Council Meeting Page 10 of 12
July 7, 2021
VOTE:
YEA: Winger, Askin, Gabriel, Pettey, Glendening, Molloy
NAY: Knackstedt
MOTION PASSED.
9. Discussion - Introduction of Kenai Waterfront Revitalization and Economic
Development Incentives and Request to Schedule a Work Session. (Administration)
Clarification was provided that the memo in the packet explained Administration’s development of
different economic programs in the City and tools identified as potentially useful for those
programs. It specifically addressed ideas about Kenai waterfront revitalization and requested a
work session to discuss it with the intent to commission a feasibility study. It was suggested to get
input from commissions and committees. Administration clarified that they intended to involve the
general public and private waterfront property owners in the discussion about development in this
area to receive their feedback as well.
Council agreed to schedule a work session on August 4, 2021 prior to the regular meeting of the
City Council.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging – No report. Next meeting July 8, 2021.
2. Airport Commission – No report. Next meeting August 12, 2021.
3. Harbor Commission – No report. Next meeting August 9, 2021.
4. Parks and Recreation Commission – Council Member Winger noted the installation
of boot brushes at trails around the city. Next meeting August 5, 2021.
5. Planning and Zoning Commission – Council Member Glendening reported on the
work session and meeting of June 23, 2021. Next meeting July 14, 2021.
6. Beautification Committee – Council Member Askin noted that the committee has
scheduled their garden tour for Tuesday, August 10, 2021. Next meeting September
14, 2021.
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 him while he was on vacation;
• Attended the 4th of July parade, and noted that he regretted that the event had
been cancelled in 2020 due to COVID-19. Appreciated the turnout from the
public and felt pride in seeing that our community celebrate;
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City of Kenai Council Meeting Page 11 of 12
July 7, 2021
• Thanked Patty See for her public testimony.
J. ADMINISTRATION REPORTS
1. City Manager – Acting City Manager Eubank reported on the following:
• Saturday is first day of the 2021 personal use fishery, and preparations are
underway.
2. City Attorney – No report.
3. City Clerk – City Clerk Heinz reported on the following:
• All memorial plaque spaces at the Leif Hanson Memorial Park have been sold
as sales have significantly increased from previous years;
• The cemetery currently has only eight casket plots available;
• Public Records requests have also increased significantly;
• City Council Candidate filing begins August 1st;
• August 4, 2021 is the last date for approving legislation putting propositions on
the ballot;
• A Board of Adjustment appeal has been filed for a Planning & Zoning
Commission decision to approve a Conditional Use Permit for a firewood
bundling business.
Council agreed to schedule the Board of Adjustment hearing for August 16, 2021 at 6:00 PM.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Council Member Askin noted that she listened to the Planning & Zoning work session on June 23rd
and learned a lot. Attended the 4th of July parade and got to be a judge for the parade, and noted
that it was great to see so many people out and about. She stated that with her Council seat
expiring this year, she intends to run for re-election.
Council Member Glendening stated that he also attended 4th of July parade, and noted that the
dog park group had an excellent display and the park will be a great destination in our City for pet
owners.
Council Member Pettey said she is thankful for Art Center reopening and looks forward to seeing
their first show, and mentioned the upcoming September Harvest Art Auction. She participated in
the 4th of July parade, and noted that it was wonderful to see the community participating and
celebrating our freedoms.
Council Member Winger shared that she recently toured the state with her family and received
feedback tourists about their views of the Kenai area, which revealed some of Kenai’s strengths
and weaknesses. She noted that in many towns there were not booklets for the Kenai Peninsula,
and that we should try to place more promotional materials around the state.
Page 98
City of Kenai Council Meeting Page 12 of 12
July 7, 2021
Vice Mayor Molloy noted that he attended the Fine Arts Center reopening event, and they did
fantastic job. He was a parade judge on the 4th of July, and reported on the award winners. He
discussed the Title VI ordinance that was introduced, noting that the effective date is January 1,
2022 so it would not be in effect for the upcoming October election. Stated that he intends to bring
forward two resolutions at the next Council meeting related to ballot propositions. He announced
that he does not intend to run for re-election of his Council seat this year.
Council Member Knackstedt noted that he also went to the Kenai Fine Arts Center reopening event
and got a tour of the building, and also participated as a judge in 4th of July parade. He stated that
Council Member Molloy will be missed and his contributions have been valuable on the Council,
and he is glad to hear that Council Member Askin is re-running for her Council seat this fall.
L. EXECUTIVE SESSION
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
There being no further business before the Council, the meeting was adjourned at 8:26 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of July 7, 2021.
_____________________________
Jamie Heinz, MMC
City Clerk
Page 99
PAYMENTS OVER $15,000 .00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEET ING OF: AUGUST 4, 2021
VENDOR DESCRIPTION
PERS PERS
R E BOR N AGAI N JANITORIA L J UN E SERVICES
HOMER E L ECTRIC ELECTRIC USAGE
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABI LITY 99 ,848.74
A I RPORT REPA I R & MAINTENANCE 4 ,23 1.25
VARIOUS UTILIT IES 99,020.95
MATURITY DATE AMOUNT Effect.I nt
Page 100
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: AUGUST 4, 2021
VENDOR
DIVINING POINT, LLC
DESCRIPTION
FY22 MARKETING
PROFESSIONAL SERVICES
DEPT.
MANAGER
TECH LOGIC RFID CONVERSION PROJECT LIBRARY
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION
KENAI PENINSULA BOROUGH
ALASKA SAFETY
FY21 SLUDGE DISPOSAL
NEW POLICE VEHICLE
EQUIPMENT
P.O.# -DEPT.
120968 -WWTP
121869 -FLEET
REPLACEMENT
ACCOUNT AMOUNT
PROFESSIONAL SERVICES 98,050.00
REPAIR & MAINT. SUPPLIES 20,618.00
REASON AMOUNT TOTAL PO AMT
OVER-REDUCED PO
ADDITIONAL
EQUIPMENT
2,696.15
3,750.00
29,696.15
33,798.00
Page 101
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: July 23, 2021
SUBJECT: Purchase Order Exceeding $15,000 – Divining Point, LLC
Resolution 2019-46 authorized a term agreement with Divining Point, LLC beginning July 1, 2019
with the option to extend for two successive one-year terms by mutual consent of the parties and
with each project negotiated separately with Divining Point within budgeted amounts.
The amount of $98,050 was authorized by the FY22 Budget for marketing services, and this
purchase order would cover marketing services for July 1, 2021 through June 30, 2022 within
the amount budgeted, including video and photo production, I Love Kenai website maintenance
and upgrades, Best Place to Alaska campaign advertising, City of Kenai event promotions, direct
to business marketing, and travel.
Your consideration is appreciated.
Page 102
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: July 28, 2021
SUBJECT: Purchase Order Over $15,000
The purpose of this memo is to request authorization of a purchase order to purchase the
components for the library’s Radio Frequency Identification (RFID) conversion project, including
tags and tag readers, computer hardware, as well as RFID-specific software. This is a planned
and budgeted purchase.
The implementation of RFID technology in libraries has shown to increase the speed and
accuracy of circulation processes, allow for more efficient and ergonomic collection management
procedures, and improve customer service and staff and user experience without adding
personnel.
Library staff competitively quoted three different vendor offerings. Tech Logic was determined to
provide the greatest value and lowest annual costs. Additionally, Tech Logic is known to have
outstanding customer service and reliable technical support.
Total cost of the RFID system components is $20,618.
Council’s approval is respectfully requested.
Page 103
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: July 29, 2021
SUBJECT: Purchase Order – Kenai Peninsula Borough
The purpose of this memo is to request approval of an increase to Purchase Order 120968 to
the Kenai Peninsula Borough’s Central Peninsula Landfill for disposal of sludge from the City’s
Waste Water Treatment Plant. The Purchase Order was originally opened for $27,000 and
with this increase of $2,696.15 will now total $29,696.15. The department has continued to
strive to reduce operational costs at the facility, Purchase Orders for the facility for the last five
fiscal years were opened for $35,000 for this same service. I was a little over aggressive in our
attempted reductions.
Account information:
010-467-4531 WWTP – Professional Services
Council’s support is respectfully requested.
Page 104
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross – Police Chief
DATE: July 13, 2021
SUBJECT: Modification of Purchase Order Exceeding $15,000 – Alaska Safety, Inc.
The purpose of this memo is to request support for modifying an approved purchase order
(#121869) in the amount of $30,048 for the purchase and installation of police equipment into
three new police vehicles. This purchase order was authorized by Council in January and
includes items such as window barriers, passenger compartment partitions, gun locks, siren
speakers, push bumpers, computer mounts, siren controllers, power distribution systems, light
bars, map lights, consoles, truck bed boxes, etc.
This purchase order was to cover the cost of associated police equipment in three F150 pickups.
This is the first year that we are outfitting this model vehicle as a patrol vehicle, and this is the first
year Alaska Safety is installing the peripheral equipment, with all that work being done in-house
in the past. In the process we have identified additional work that needs to be completed by
Alaska Safety for the rear prisoner seat area. The additional cost will be $1,250 per vehicle and
a new total purchase order amount of $33,798. This cost is still within the amount budgeted for
these vehicles.
Your consideration is appreciated.
Page 105
MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Jamie Heinz, City Clerk
DATE: July 28, 2021
SUBJECT: Marijuana License Renewals
The Alcoholic & Marijuana Control Office has sent notification that the following applicant has
requested license renewal:
Applicant: Red Run Cannabis Company, LLC
Owners: Marc Theiler & Roger Boyd
D/B/A: Red Run Cannabis Company, LLC
License: Retail Marijuana Store
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 applicant has satisfied all obligations to
the City. With the approval of Council, a letter of non-objection to the request for the renewal of
the Retail Marijuana Store will be forwarded to the Alcoholic & Marijuana Control Office and the
applicant.
Your consideration is appreciated.
Page 106
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jamie Heinz 6/30/2021 4:59:22 PM (Form Submission)
Approve by Jeremy Hamilton 7/14/2021 10:56:17 AM (Fire Marshall Review)
Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:59 PM
Approve by Scott Curtin 7/6/2021 2:53:47 PM (Building Official Review)
Th e task was assign ed to Scott Curti n. Th e du e date i s: Ju l y 9, 2021 5:00 PM 6/30/2021 4:59 PM
Approve by Ben Langham 6/30/2021 5:08:31 PM (Police Department Review)
Th e task was assign ed to Ben Lan gham. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 4:59 PM
Approve by Tina Williamson 7/1/2021 10:26:55 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:59 PM
Approve by Cindy Herr 7/6/2021 10:54:13 AM (Legal Asst Review)
There are no monies owed in restitution or traffic fines.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 4:59 PM
Approve by Wilma Anderson 7/6/2021 5:45:58 PM (Lands Review)
Th e task was assign ed to Wilma An derson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:59 PM
Approve by Terry Eubank 7/7/2021 11:14:09 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 5:45 PM
Approve by Scott Bloom 7/7/2021 9:05:29 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 5:46 PM
Approve by Ryan Foster 7/12/2021 2:25:08 PM (P&Z Department Review)
Th e task was assign ed to Ryan Foster. The d ue d ate is: July 15, 2021 5:00 PM 7/6/2021 5:46 PM
Page 107
AMCO License Application
Date
Lice nse Type
Lice nse e
Doing Busine ss As
Pre mise s Addre ss City, State
Contact Lice nse e
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
6/30/2021
Establishment Information
Marijuana Retail Store
Red Run Cannabis Company, LLC
Red Run Cannabis Company, LLC
5455 Kenai Spur Highway Kenai, AK
Contact Information
Marc Theiler
907-953-9453 marc@redruncannabiscompany.com
Additional Contact Information
Documents
10056 City & Borough of Kenai Renewal Local Government Notice.pdf 575.02KB
10056 Renewal LGB Packet.pdf 1.6MB
Page 108
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
June 29, 2021
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: jblankenship@kpb.us
CC: micheleturner@kpb.us
tshassetz@kpb.us
sness@kpb.us
mjenkins@kpb.us
btaylor@kpb.us
MBerg@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 Ste B
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
Page 109
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
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, Director
Page 110
Received by AMCO 5.10.21, LLCPage 111
Received by AMCO 5.10.21Page 112
Received by AMCO 5.10.21, LLCPage 113
Received by AMCO 5.10.21Page 114
Received by AMCO 5.10.21Page 115
Received by AMCO 5.10.21Page 116
MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Jamie Heinz, City Clerk
DATE: July 28, 2021
SUBJECT: Marijuana License Renewals
The Alcoholic & Marijuana Control Office has sent notification that the following applicant has
requested license renewals:
Applicant: Red Run Cannabis Cultivators, LLC
Owners: Marc Theiler & Roger Boyd
D/B/A: Red Run Cannabis Cultivators, LLC
Licenses: Cultivation Facility and 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 applicant has satisfied all obligations to
the City. With the approval of Council, a letter of non-objection to the request for the renewal of
the Cultivation Facility & Product Manufacturing Facility will be forwarded to the Alcoholic &
Marijuana Control Office and the applicant.
Your consideration is appreciated.
Page 117
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jamie Heinz 6/30/2021 4:56:53 PM (Form Submission)
Approve by Jeremy Hamilton 7/14/2021 10:56:23 AM (Fire Marshall Review)
Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:56 PM
Approve by Scott Curtin 7/6/2021 2:52:42 PM (Building Official Review)
Jami e Hei nz reassi gned th e task to Scott Curti n 6/30/2021 5:01 PM
Th e task was assign ed to Jamie Hein z. Th e du e date i s: Ju l y 9, 2021 5:00 PM 6/30/2021 4:56 PM
Approve by Ben Langham 6/30/2021 5:06:16 PM (Police Department Review)
Th e task was assign ed to Ben Lan gham. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 4:56 PM
Approve by Tina Williamson 7/1/2021 10:26:41 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:56 PM
Approve by Cindy Herr 7/6/2021 10:53:44 AM (Legal Asst Review)
There are no monies owed in restitution or traffic fines.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 4:56 PM
Approve by Wilma Anderson 7/6/2021 4:49:16 PM (Lands Review)
Th e task was assign ed to Wilma An derson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 4:56 PM
Approve by Terry Eubank 7/6/2021 5:02:32 PM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 4:49 PM
Approve by Scott Bloom 7/7/2021 9:05:48 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 4:49 PM
Approve by Ryan Foster 7/12/2021 2:24:23 PM (P&Z Department Review)
Th e task was assign ed to Ryan Foster. The d ue d ate is: July 15, 2021 5:00 PM 7/6/2021 4:49 PM
Page 118
AMCO License Application
Date
Lice nse Type
Lice nse e
Doing Busine ss As
Pre mise s Addre ss City, State
Contact Lice nse e
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
6/30/2021
Establishment Information
Marijuana Standard Cultivation
Red Run Cannabis Cultivators, LLC
Red Run Cannabis Cultivators, LLC
5455 Kenai Spur Highway Kenai, AK
Contact Information
Marc Theiler
907-953-9453 marc@redruncannabiscompany.com
Additional Contact Information
Documents
10052 City & Borough Of Kenai Renewal Local Government Notice.pdf 574.4KB
10052 Renewal LGB packet.pdf 2.05MB
Page 119
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
June 29, 2021
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: jblankenship@kpb.us
CC: micheleturner@kpb.us
tshassetz@kpb.us
sness@kpb.us
mjenkins@kpb.us
btaylor@kpb.us
MBerg@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
Page 120
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
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, Director
Page 121
Received by AMCO 5.6.21, LLCPage 122
Received by AMCO 5.6.21Page 123
Received by AMCO 5.6.21, LLCPage 124
Received by AMCO 5.6.21Page 125
Received by AMCO 5.6.21, LLCPage 126
Alaska Marijuana Control Board
Form MJ-20a: Residency Exception Affidavit
Section 4 -Certifications
Read the statement below, and then sign your initials in the box to the right: Initials
I certify that I understand that providing a false statement on this form or any other form provided by or to AMCO
is grounds for rejection or denial of this application or revocation of any license issued.
As a marijuana establishment licensee, I declare under penalty of unsworn falsification that this form is true, correct, and complete. I
agree to provide all information required by the Marijuana Control Board in support of this form and understand that failure to do so by
any deadline given to me by AMCO staff may result in action upon the license by the Board.
,-&,:/kl
Roger Boyd
Printed name of licensee
[Form MJ-20a] (rev 2/20/19)
My commission expires:
Subscribed and sworn to before me this �ay of�fJft
-'--+-... �"'--",,,__.,_ ____ �, 2od,L.
. 10052 License# ______ _
�\\\\\\\\1111///////f/2 � .. ,'{ su.,. � �--�,.: ............ ro � �'J...�.�•�SSfO/i Ii':_•. �� � /c; -iq,.••. � ;::: -� ,, .. � � !NOTARY\ s� )i.\ PUBLIC/,..� �···. ••• §!§ �(/)�·-.� 10. �-·�� � � �;-;:• ........ \.'t-s �
��OF r,.: � 7///ff///111\\\\\\\\°'l
Page 2 of 2
AMCO received 6/28/21
Page 127
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jamie Heinz 6/30/2021 5:01:36 PM (Form Submission)
Approve by Jeremy Hamilton 7/14/2021 10:56:10 AM (Fire Marshall Review)
Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 5:01 PM
Approve by Scott Curtin 7/6/2021 2:53:41 PM (Building Official Review)
Th e task was assign ed to Scott Curti n. Th e du e date i s: Ju l y 9, 2021 5:00 PM 6/30/2021 5:01 PM
Approve by Ben Langham 6/30/2021 5:07:40 PM (Police Department Review)
Th e task was assign ed to Ben Lan gham. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 5:01 PM
Approve by Tina Williamson 7/1/2021 10:27:06 AM (Finance Asst Review)
Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 5:01 PM
Approve by Cindy Herr 7/6/2021 10:55:45 AM (Legal Asst Review)
There are no monies owed in restitution or traffic fines.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: July 9, 2021 5:00 PM 6/30/2021 5:01 PM
Approve by Wilma Anderson 7/6/2021 5:45:30 PM (Lands Review)
The marijuana product manufacturing facility is located at 12516 Kenai Spur Highway and not the
physical address shown above (5455 Kenai Spur Highway). The information is correct on the applicant's
renewal application; however, it is incorrect on the letter to the Kenai Peninsula Borough and the City of
Kenai dated June 29, 2021.
Th e task was assign ed to Wilma An derson. Th e du e date i s: Ju l y 9, 2021 5:00 PM
6/30/2021 5:01 PM
Approve by Terry Eubank 7/7/2021 11:14:27 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 5:45 PM
Approve by Scott Bloom 7/7/2021 9:05:42 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date i s: Ju l y 15, 2021 5:00 PM 7/6/2021 5:45 PM
Approve by Ryan Foster 7/12/2021 2:25:28 PM (P&Z Department Review)
Th e task was assign ed to Ryan Foster. The d ue d ate is: July 15, 2021 5:00 PM 7/6/2021 5:45 PM
Page 128
AMCO License Application
Date
Lice nse Type
Lice nse e
Doing Busine ss As
Pre mise s Addre ss City, State
Contact Lice nse e
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
6/30/2021
Establishment Information
Marijuana Product Manufacturing Facility
Red Run Cannabis Cultivators, LLC
Red Run Cannabis Cultivators, LLC
5455 Kenai Spur Highway Kenai, AK
Contact Information
Marc Theiler
907-953-9453 marc@redruncannabiscompany.com
Additional Contact Information
Documents
19372 City & Borough of Kenai Renewal Local Government Notice.pdf 575.16KB
19372 Renewal LGB Packet.pdf 1.57MB
Page 129
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
June 29, 2021
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: jblankenship@kpb.us
CC: micheleturner@kpb.us
tshassetz@kpb.us
sness@kpb.us
mjenkins@kpb.us
btaylor@kpb.us
MBerg@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: 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
Page 130
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
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, Director
Page 131
Received by AMCO 5.11.21, LLCPage 132
Received by AMCO 5.11.21Page 133
Received by AMCO 5.11.21, LLCPage 134
Received by AMCO 5.11.21Page 135
Received by AMCO 5.11.21Page 136
Received by AMCO 5.11.21Page 137
MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Jamie Heinz, City Clerk
DATE: July 28, 2021
SUBJECT: Marijuana License Renewals
The Alcoholic & Marijuana Control Office has sent notification that the following applicant has
requested license renewal:
Applicant: Cook Inlet Cannabis Company
Owners: Ryan Tunseth
D/B/A: East Rip
Licenses: Retail Marijuana Store
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 applicant has satisfied all obligations to
the City. With the approval of Council, a letter of non-objection to the request for the renewal of
the Retail Marijuana Store will be forwarded to the Alcoholic & Marijuana Control Office and the
applicant.
Your consideration is appreciated.
Page 138
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jamie Heinz 7/8/2021 4:05:26 PM (Form Submission)
Approve by Jeremy Hamilton 7/14/2021 10:55:50 AM (Fire Marshall Review)
Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Ju l y 19, 2021 5:00 PM
7/8/2021 4:05 PM
Approve by Scott Curtin 7/19/2021 4:55:10 PM (Building Official Review)
Th e task was assign ed to Scott Curti n. Th e du e date i s: Ju l y 19, 2021 5:00 PM 7/8/2021 4:05 PM
Approve by Dave Ross 7/12/2021 11:23:01 AM (Police Department Review)
Th e task was assign ed to Dave Ross. The d ue d ate is: July 19, 2021 5:00 PM 7/8/2021 4:05 PM
Approve by Tina Williamson 7/8/2021 4:46:08 PM (Finance Asst Review)
Th e task was assign ed to Ti na Wi l l i amson. Th e du e date i s: Ju l y 19, 2021 5:00 PM
7/8/2021 4:05 PM
Approve by Cindy Herr 7/8/2021 4:52:37 PM (Legal Asst Review)
No monies owed in restitution or traffic citations.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: July 19, 2021 5:00 PM 7/8/2021 4:05 PM
Approve by Wilma Anderson 7/12/2021 9:10:54 AM (Lands Review)
No land issues
Th e task was assign ed to Wilma An derson. Th e du e date i s: Ju l y 19, 2021 5:00 PM
7/8/2021 4:05 PM
Approve by Terry Eubank 7/12/2021 10:19:08 AM (Finance Review)
Th e task was assign ed to Terry Eu ban k. Th e du e date i s: Ju l y 21, 2021 5:00 PM
7/12/2021 9:11 AM
Approve by Scott Bloom 7/19/2021 10:18:51 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date i s: Ju l y 21, 2021 5:00 PM 7/12/2021 9:11 AM
Approve by Ryan Foster 7/12/2021 2:28:03 PM (P&Z Department Review)
Th e task was assign ed to Ryan Foster. The d ue d ate is: July 21, 2021 5:00 PM 7/12/2021 9:11 AM
Page 139
AMCO License Application
Date
Lice nse Type
Lice nse e
Doing Busine ss As
Pre mise s Addre ss
City, State
Contact Lice nse e
Contact Phone No.Contact Email
Name
Phone No.Email
File Upload
7/8/2021
Establishment Information
Marijuana Retail
Cook Inlet Cannabis Co.
East Rip
10767 Kenai Spur Highway, Ste.
D Kenai, AK
Contact Information
Ryan Tunseth
398-1233 ryan@east-rip.com
Additional Contact Information
Documents
13382 Entity Documents East Rip.pdf 4.49MB
13382 Kenai City-Borough Renewal Local Government Notice.pdf 574.4KB
13382 MJ-20 Retail.pdf 1.62MB
13382 Online Application Original_Redacted.pdf 150.13KB
13382 POPPP East Rip.pdf 4.42MB
Page 140
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 7, 2021
City of Kenai
Attn: Jamie Heinz
VIA Email: jheinz@kenai.city
Kenai Peninsula Borough
Attn: Borough Clerk
Via Email: jblankenship@kpb.us
CC: micheleturner@kpb.us
tshassetz@kpb.us
sness@kpb.us
mjenkins@kpb.us
btaylor@kpb.us
MBerg@kpb.us
License Number: 13382
License Type: Retail Marijuana Store
Licensee: Cook Inlet Cannabis Co.
Doing Business As: EAST RIP
Physical Address: 10767 KENAI SPUR HWY
SUITE D
KENAI, AK 99611
Designated Licensee: Ryan Tunseth
Phone Number: 907-398-1233
Email Address: ryan@east-rip.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
Page 141
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
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, Director
Page 142
Received by AMCO 5.27.21
Page 143
Received by AMCO 5.27.21
Page 144
144 North Binkley Street, Soldotna, Alaska 99669 (907) 714-2160 (907) 714-2388 Fax
Office of the Borough Clerk
Johni Blankenship, MMC
Borough Clerk
Office of the Borough Clerk
July 20, 2021
Sent via email: jheinz@kenai.city
City of Kenai
Kenai City Hall
RE: Renewal Application for Retail Marijuana Store
Business Name : East Rip
License Location : Kenai/10767 Kenai Spur Highway Suite D, Kenai, AK 99611
License No. : 13382
Dear Ms. Heinz,
This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced
application and has no objection to the issuance of the license.
Should you have any questions, or need additional information, please do not hesitate to let us
know.
Sincerely,
Johni Blankenship, MMC
Borough Clerk
cc: ryan@east-rip.com
Page 145
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: July 27, 2021
SUBJECT: Special Use Permit to Kenai Chamber of Commerce and Visitor Center
for the Moosemeat John Cabin
The Kenai Chamber of Commerce and Visitor Center has requested a Special Use Permit to use
and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet
x 100 feet) of Lot 1, Gusty Subdivision No. 8, a City-owned parcel upon which the Kenai Visitor
and Cultural Center is also located. Since 2013, the Kenai Chamber of Commerce and Visitor
Center has allowed the use of the Moosemeat John Cabin during the summer months by the
Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber
of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of
Commerce merged with the Kenai Convention and Visitor’s Bureau to form the new entity, “Kenai
Chamber of Commerce and Visitor Center”.
A Special Use Permit was granted for the use of the Moosemeat John Cabin for twelve months
between July 31, 2020 and July 30, 2021. The Kenai Chamber of Commerce and Visitor Center
would like a Special Use Permit for the same use of the Moosemeat John Cabin from July 31,
2021 to July 30, 2022. The Kenai Chamber of Commerce and Visitor Center complied with the
terms of the Special Use Permit for the Moosemeat John Cabin for previous years of issuance.
At their regular meeting on July 14, 2021, the Planning and Zoning Commission recommended
approval of the special use permit.
If the City Council approves the attached Special Use Permit with the Kenai Chamber of
Commerce and Visitor Center for the Moosemeat John Cabin, the City Manager will sign the
Special Use Permit granting the continued use of the cabin by the Kenai Chamber on behalf of
the City.
Thank you for your consideration.
Attachments
A. Special Use Permit Application
B. Aerial map
C. Special Use Permit for Moosemeat John Cabin
Page 146
./
K~NAI
·city of Kenai
Special Use Permit
Application
Name of Applicant: Kenai Chamber of Commerce and Visitorts Center
Mailing Address: 11471 Kenai Spur Hwy. City: Kenai state: AK Zip Code: 99611
Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( )907-283 .. 1991
E-mail: (Optional) info@kenaichamber.org
Name to Appear on Pennit: Kenai Chamber of Commerce and Visitor's Center
Malling Address: 11471 Kenai Spur Hwy. City: Kenai State: AK Zip Code: 99611 '
Phone Number(s): Home Phone: ( ) Work/ Message Phone: ( )907-283· 1991
E-mail: (Optlonal) info@kenaichamber.org
Type of Applicant: D Individual (at least 18 years of age) 0 Partnership II Corporation D Government
D Limited liability Company (LLC) D Other
Property Information
Legal or physical description of the property:
Southeast 100ft. x 100ft. portion of Lot 1, Gusty Subdivision, Addition No. 8
Description of the proposed business or activity intended:
Moosemeat John Cabin
Is the area to be used in front of or immediately adjacent to any established business offering
the same or similar products or services upon a fixed location? CJYE$ Iii NO
Would the use under this permit interfere with other businesses through excessive noise,
odor, or other nuisances? DYES Iii NO
If you answered yes to any of the above questions, please explain:
. .
What is the term requested (not to exceed one year)? July 30, 2021 -July 31, 2022
Requested Starting Date: Aygust 1, 2021
Signature:
/{ 1 1 ~A~ Date: June 17, 2021 -
Print Name: Brittany Brown Tdle: Executive Director
For City Use Only: Date Application Fee Received: ,, l t:J t '2..02-1
D General Fund D Airport Reserve Land City Councll Acilon/Resolutlon:
D Airport Fund D Outside Airport Reserve Account Number:
Page 147
Page 167
Moosemeat John Cabin
Special Use Permit
Southeast 100 ft x 100 ft
portion of
Lot 1, Gusty Subd,
Addition No. 8
Exhibit A
K~NAI
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.
Date: 5/28/2020
Page 148
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 1 of 5
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below ,
hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE) the right to use
the Premises, identified on the attached Exhibit A to this Permit, and described as:
The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai
Recording District, according to Plat No. 91-9, to use and operate the "Moosemeat John"
Cabin.
1. Use/Term. Permittee shall have use of the Premises on the 31st day of July 2021 through
the 30th day of July 2022.
2. Fee. The Permittee shall not be charged a fee for the use or privilege specified herein.
3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes
specified herein and is not intended to grant any exclusive use to the described Premises
except as otherwise provided herein. This use is also subject to City, Borough , and State
laws and regulations and the reasonable administrative actions of the City for the protection
and maintenance of the Premises and of adjacent and contiguous lands or facilities.
4. Improvements. Permittee shall not make any permanent improvements to the Premises.
5. Preparation of Premises. It is Permittee's responsibility to prepare the Premises and to
assure itself to its own satisfaction that the Premises are safe for its purposes. The City does
not make any warranty or guaranty of the suitability of the Premises for Permittee's intended
purposes.
6. Trash and Debris. The Premises must be returned to its original condition at the end of
each use. Clean up and/or repair charges beyond normal wear and tear will be billed to
Permittee based upon cost of repair. Debris and trash shall be collected and removed from
the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department)
of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to
Permittee's use.
7. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages,
marijuana or illegal substances is permitted on the Premises.
8. No Joint Venture. The City shall not be construed or held to be a partner or joint venturer
of Permittee in the conduct of its business or activities on the Premises.
9. Personalty. Any or all personal property placed or used upon lands or in facilities may be
removed and/or impounded by the City, and when so removed and/or impounded , such
property may be redeemed by the owner thereof only upon the payment to the City of the
costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible
for any damage to or theft of any personalty of Permittee or its invitees to the Premises.
Page 149
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 2 of 5
10. Assumption of Risk. Permittee assumes full control and sole responsibility as between
Permittee and City for the activities of Permittee , its personnel, employees, and persons
acting on behalf of or under the authority of the Permittee anywhere on the Premises.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its activities
on the Premises and its exercise of the privileges granted in this Permit.
11. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and
requirements herein contained , or referred to, shall not constitute or be construed as a
waiver or relinquishment of the right to exercise such terms, conditions, or requirements.
12. Insurance. Permittee shall secure and keep in force adequate insurance , as stated below,
to protect City and Permittee. Where specific limits are stated, the limits are the minimum
acceptable limits. If Permittee's insurance policy contains higher limits, City is entitled to
coverage to the extent of the higher limits.
A. Commercial General Liability Insurance, including Premises, all operations, property
damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not less
than $1,000,000 combined single limit. The policy must name the City as an additional
insured.
B. Worker's Compensation Insurance with coverage for all employees engaged in work
under this Permit or at the Premises as required by AS 23.30.045. Permittee is further
responsible to provide Worker's Compensation Insurance for any subcontractor who directly
or indirectly provides services to Permittee under this Permit.
C. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated "A-" or better by
A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance coverage in
the form of insurance policies, certificates, endorsements, or a combination
thereof, and signed by a person authorized by the insurer to bind coverage
on its behalf.
iii. Permittee shall request a waiver of subrogation against City from Permittee's
insurer and the waiver of subrogation, where possible, shall be provided at
no cost to City.
iv. Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of any policy
required hereunder.
v. Evidence of insurance coverage must be submitted to City prior to any use.
Page 150
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 3 of 5
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall
submit to City evidence of insurance coverage that meets the requirements of the City.
13. No Discrimination. Permittee will not discriminate on the grounds of race , color, religion,
national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to enforce this
requirement.
14. Contact Information. The Contact information for the Permittee, and the person in
responsible charge for Permittee during the term of the Permit , for purposes of notice and
all communications from City to Permittee is:
Brittany Brown
Executive Director
Kenai Chamber of Commerce & Visitor Center
11471 Kenai Spur Hwy.
Kenai, AK 99611
15. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify ,
defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers
from and against all actions, damages, costs, liability, claims, losses, judgments , penalties, and
expenses of every type and description, including any fees and/or costs reasonably incurred
by the City's staff attorneys and outside attorneys and any fees and expenses incurred in
enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all
of them may be subjected, to the extent such Liabilities are caused by or result from any
negligent act or omission or willful misconduct of the Permittee in connection with or arising
from or out of Permittee's activities on or use of the Premises. This shall be a continuing
obligation and shall remain in effect after termination of this Permit.
16. Authority. By signing this Permit, Permittee represents that it has read this agreement and
it agrees to be bound by the terms and conditions herein and that the person signing this
Permit is duly authorized by the organization to bind the organization hereunder.
CITY OF KENAI KENAI CHAMBER OF COMMERCE &
VISITOR CENTER
By: _ By:
Paul Ostrander
City Manager
Date _ (Title) Date
Page 151
Special Use Permit - Kenai Chamber of Commerce & Visitor Center Page 4 of 5
ACKNOWLEDGMENTS
STATE OF ALASKA
) ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 2021, the foregoing instrument
was acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an
Alaska home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires: _
STATE OF ALASKA
) ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 2021, the foregoing instrument
was acknowledged before me by Title) on behalf of
Notary Public for Alaska
My Commission Expires: _
Page 152
Special Use Permit – Kenai Chamber of Commerce & Visitor Center Page 5 of 5
ATTEST:
Jamie Heinz, CMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 153
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3226-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL
YEAR 2021 ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND –
POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE ALASKA HIGH INTENSITY
DRUG TRAFFICKING AREA FOR DRUG INVESTIGATION OVERTIME EXPENDITURES.
WHEREAS, the Kenai Police Department assists the regional drug task force on initiatives with
funding availability through the Alaska High Intensity Drug Traffic Area (AK HIDTA), which is
funded through a Federal Government Appropriation; and,
WHEREAS, funding through AK HIDTA is available to reimburse certain overtime expenditures
for the Kenai Police Officers that assist the regional drug task force or directly participate in the
task force on those HIDTA initiatives; and,
WHEREAS, the overtime expense that was eligible for reimbursement from March through June,
2021 was $4,039.29; and,
WHEREAS, overtime for these additional expenditures for drug investigation was not budgeted
and the Department is requesting appropriation into the FY21 overtime budget equal to the
amount of the AK HIDTA funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these funds from the AK HIDTA in
the amount of $4,039.29 and to expend those funds to fulfill the purpose and intent of this
ordinance.
Section 2. That FY 2021 estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Federal Grants - Police $4,039.29
Increase Appropriations –
Police - Overtime $4,039.29
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 154
Ordinance No. 3226-2021
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 155
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross – Police Chief
DATE: July 13, 2021
SUBJECT: Ordinance No. 3226-2021, Accepting HIDTA Grant Funds
The Kenai Police Department participates in the regional drug task force. Between March and
June of 2021 certain overtime worked in conjunction with the regional drug task force was eligible
for reimbursement through the Alaska High Intensity Drug Trafficking Area (AK HIDTA), which
receives its funding through Federal appropriation. The Police Department requested
reimbursement for $4039.29 in overtime expenditures.
I am respectfully requesting consideration of the ordinance accepting and appropriating the grant
funds into the FY21 budget for the purpose they were intended.
Page 156
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3227-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY
PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF MILITARY AND VETERANS’
AFFAIRS, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND - FIRE DEPARTMENT, AND AUTHORIZING THE SOLE SOURCE PURCHASE OF
PORTABLE RADIOS AND ACCESSORIES FOR THE FIRE DEPARTMENT.
WHEREAS, the City was notified of additional funds available from the 2018 State Homeland
Security Program grant and the Fire Department applied for 13 portable radios and accessories
to complete the replacement of public safety portable radios; and,
WHEREAS, the City was notified by the Alaska Division of Homeland Security and Emergency
Management of an award of $61,330.15, enough to purchase 11 portable radios; and,
WHEREAS, an additional $9,669.74 is needed to replace the remaining 2 portable radios and
complete this project bringing the total project cost to $70,999.89; and,
WHEREAS, previous grants to replace police and fire portables have been sole sourced to
Motorola for purchasing and it is in the best interest of safety and operations to purchase identical
radios; and,
WHEREAS, sole-source approval was requested and approved by the granting agency to
purchase Motorola radios for this project; and,
WHEREAS, it is in the best interest of the City to accept the grant funds and approve a sole-
source purchase for 13 portable radios to complete the portable radio replacement project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant from the U.S. Department of
Homeland Security passed through the State of Alaska Department of Military and Veterans
Affairs in the amount of $61,330.15 and to expend those funds in compliance with the grant’s
requirements and this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $ 9,669.74
Federal Grants - Fire 61,330.15
Page 157
Ordinance No. 3227-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
$70,999.89
Increase Appropriations – Fire Department
Machinery and Equipment $70,999.89
Section 3. That the City Manager is authorized to issue a sole-source purchase order in the
amount of $70,999.89 to ProComm Alaska for the purchase of portable radios and accessories.
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 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 158
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: July 22, 2021
SUBJECT: Ordinance 3227-2021 Accepting Reallocated 2018 SHSP Funds
The City was contacted by the State of Alaska Department of Military and Veterans Affairs to
advise us of reallocated funds from the 2018 State Homeland Security Program Grant that were
available to reapply for. Police and Fire have successfully worked through multiple grants to
replace most of the aging portable radios as the first phase of replacing all portable and mobile
radios. Kenai Police Department was able to completely replace all of their portables and the Fire
Department has replaced 6 of their 19 to date. We applied for funding to replace the remaining
13 portable radios needed to complete phase one for the Fire Department and were awarded
$61,330.15. The total needed to complete the replacement of the 13 radios is $70,999.89. We
are respectfully requesting the additional $9,669.74 be approved to complete this phase of our
radio replacements. These radios will be replacing radios that are no longer supported by the
manufacturer.
This will also require a sole-source approval to Motorola Solutions to purchase the same brand
of radio that we have purchased to date for both Police and Fire. We have requested and have
been approved from the granting agency to sole-source purchase this equipment and are
requesting the same from City Council. Maintenance, operations, programming, parts and
warranty are key to our communications/radio program within Public Safety.
Thank you for your consideration of this Ordinance.
Page 159
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3228-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT FUND, TERMINAL
REPAIR AND MAINTENANCE DEPARTMENT FOR EXPENDITURES IN EXCESS OF
BUDGETED AMOUNTS RELATED TO DAMAGE TO TERMINAL BUILDING SIDING AND
AUTHORIZING A PURCHASE ORDER TO BLAZY CONSTRUCTION INC.
WHEREAS, Blazy Construction Inc. submitted a proposal of $23,105 to repair damaged siding
that was hit with a loader, owned by the airport and operated by airport personnel, near the
restaurant location at the Kenai Airport; and,
WHEREAS, the City of Kenai general liability insurance deductible exceeds the cost of repair,
and,
WHEREAS, this expense was not budgeted, requiring supplemental funding of $ 23,105.
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:
Airport Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $23,105
Increase Appropriations –
Terminal
Repair & Maintenance $23,105
Section 2. Issuance of a purchase order in the amount of $23,105 to Blazy Construction Inc.
is authorized.
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.
Page 160
Ordinance No. 3228-2021
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance:
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 161
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: July 22, 2021
SUBJECT: Ordinance 3228 - 2021 - Airport Funds Appropriation
As a result of an incident during the 2020-2021 winter season, it is necessary to repair damaged
siding at the Kenai Airport Terminal building. Blazy Construction Inc. submitted a proposal of
$23,105 to repair damaged siding that was hit with an airport owned and operated loader.
Based on the complexity of the repair, materials cost, and experience of the general contractor
for the terminal rehabilitation project—Blazy Construction Inc., it is in the best interest of the Kenai
Municipal Airport and the City of Kenai to complete this repair as a sole source.
Supplemental funding is necessary to fund the unexpected and unbudgeted costs associated with
this repair.
Thank you for your consideration.
Page 162
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3229-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT
FROM THE FEDERAL AVIATION ADMINISTRATION AND INCREASING ESTIMATED
REVENUES AND APPROPRIATIONS IN THE AIRPORT SNOW REMOVAL EQUIPMENT
CAPITAL PROJECT FUND.
WHEREAS, the City received a grant from the Federal Aviation Administration for the replacement
of a runway snow blower and broom; and,
WHEREAS, to expedite the purchase, $800,000 was previously appropriated from the Airport
Special Revenue Fund by Ordinance 3201-2021; and,
WHEREAS, upon receipt and acceptance of this grant, the previously appropriated $800,000,
less the grant’s required local share estimated to be $47,706, will be returned to the Airport
Special Revenue; and,
WHEREAS, acceptance and appropriation of this grant 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 and expend a grant in the amount
of $715,586 from the Federal Aviation Administration for the purchase of a replacement snow
blower/broom for winter maintenance of the airfield in compliance with grant conditions and this
ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
Airport Snow Removal Equipment Capital Project Fund:
Increase Estimated Revenues –
Federal Grants $715,586
Increase Appropriations –
Equipment $715,586
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.
Page 163
Ordinance No. 3229-2021
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 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 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 164
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: July 27, 2021
SUBJECT: Ordinance No. 3229-2021
The purpose of this memo is to request Council’s approval to accept grant funding from the
Federal Aviation Administration (FAA) for the replacement purchase of a new airfield snow
blower and broom. As council may recall, Ordinance 3201-2021 was approved to allow the
Administration to expedite the purchase due to the long lead times anticipated with the delivery.
This Ordinance will finalize the grant offer that was originally discussed with our FAA
counterparts in support of the purchase.
Resolution 2021-32 previously authorized the purchase utilizing the State of Alaska Cooperative
Fleet Purchasing agreement, LaRue shown in the photo below is the approximate unit being
purchased. This piece of equipment is integral to Airport Operations. Council’s approval to
accept these grant funds will replenish the Airport Special Revenue Fund in support of future
operations. Acceptance of this grant is in the best interest of the City.
Council’s support is respectfully requested.
New Unit Old Unit
Page 165
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3230-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND - FIRE
DEPARTMENT FOR THE PURCHASE OF EXTRICATION EQUIPMENT NEEDED TO PROVIDE
EMERGENCY RESPONSE TO MOTOR VEHICLE ACCIDENTS.
WHEREAS, the Fire Department recently took its Hurst Jaws of Life Cutter and Spreader out of
service due to hose failures; and,
WHEREAS, this equipment is critical to performing extrication of entrapped people involved in
vehicle accidents; and,
WHEREAS, the purchase of this equipment allows the Fire Department to maintain life saving
capability with new battery-operated units providing additional safety benefit for firefighters using
them, as well as interoperability with mutual aid departments; and,
WHEREAS, due to unexpected equipment failure and the immediate need to replace this critical
life-saving equipment, a supplemental appropriation is appropriately requested along with sole-
source approval to purchase equipment from the only authorized vendor in the State, LN Curtis
and Sons.
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:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $25,709
Increase Appropriations – Fire Department
Machinery and Equipment $25,709
Section 2. That the City Manager is authorized to issue a sole-source purchase order in the
amount of $25,709 to LN Curtis and Sons to purchase extrication equipment.
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.
Page 166
Ordinance No. 3230-2021
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 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 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 167
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: July 27th 2021
SUBJECT: Ordinance 3230-2021 Purchase of Extrication Equipment
We have used Hurst Jaws of Life for our extrication equipment for well over 40 years now, saving
many lives with them. We have trusted and relied on them to perform in any condition and they
have proven to be invaluable in our emergency response to vehicle accidents. Our current set
was purchased prior to 2009 which is 2 years past the manufacturers recommended service life
of 10 years. On the 17th of July we had a hose failure on one of the units which resulted in both
hose reels supplying our cutter and spreader to be taken out of service. We made an emergency
call to our local vendor to get replacement units here as quickly as possible to maintain our level
of service, which they were graciously able to accommodate us with.
We have tried in the past to look for regional grants to replace these aging units along with Nikiski
Fire Department and Central Emergency Services but have been unsuccessful. Interoperability
with this equipment in the event of a major car accident/aircraft crash is important to our
operations as it would require responses from our Auto Aid/Mutual Aid departments. Due to our
unsuccessful grant efforts, our neighboring departments have begun replacing their extrication
equipment with newer Hurst battery-operated units in their budget process and have trained their
personnel in the operations of them. The new Hurst eDraulic units no longer have pumps and
hoses supplying them which makes on scene operations safer, minimizing tripping hazards or
potential for pump failure or hose rupture/failure. Using the same equipment allows personnel
from our neighboring departments to arrive on scene and assist us with operations wherever they
are needed, using equipment that is familiar to them.
A supplemental appropriation of $25,709.00 is requested to purchase a Hurst eDraulic Cutter and
Spreader to replace our 2 units that were recently taken out of service. We respectfully request
your consideration of this Ordinance.
Page 168
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3231-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL
YEAR 2021 ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT
RECOVERY FUND FOR A FEDERAL CARES ACT GRANT PASSED THROUGH THE STATE
OF ALASKA DEPARTMENT OF PUBLIC SAFETY FOR OVERTIME AND DIRECT
EXPENDITURES OF THE POLICE, FIRE, AND COMMUNICATIONS DEPARTMENTS OF THE
CITY.
WHEREAS, the State of Alaska Department of Public Safety (DPS) was awarded a federal grant
to assist with the enormous strain that the COVID-19 health pandemic is having on Alaskan
communities and under that grant DPS has made Coronavirus Emergency Supplemental Funds
(CESF) grants available to local public safety agencies; and,
WHEREAS, the City of Kenai applied for grant funds under the CESF program to cover FY2021
Police, Fire, and Dispatcher overtime related to COVID-19, in addition to other expenses by those
emergency services departments of the City that were directly related to COVID-19; and,
WHEREAS, the City’s emergency services departments expended overtime related to COVID-19
quarantines, primarily driven by shift adjustments that minimized staff exposure to each other,
and also due to some staff being quarantined or unable to return to work for shift due to COVID-
19.
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 $23,500
from the United State Treasury passed through the State of Alaska Department of Public Safety.
Section 2. That the estimated revenues and appropriations in FY2021 be increased as
follows:
COVID-19 Cares Act Recovery Fund:
Increase Estimated Revenues –
Federal Grants $23,500
Increase Appropriations –
First Responder & Incident Management Team Payroll –
Overtime $18,818
PERS 4,140
Medicare 273
Workers’ Compensation 269
$23,500
Page 169
Ordinance No. 3231-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. That the City Manager is authorized to execute a grant agreement with the State
of Alaska Department of Public Safety FY2020 Coronavirus Emergency Supplemental Funding
Program and to expend the funds for its intended purpose.
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 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 170
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross – Police Chief
DATE: July 26, 2021
SUBJECT: Ordinance No. 3231-2021 CARES ACT Grant for Emergency Services
The State of Alaska Department of Public Safety (DPS) was awarded a federal grant to assist
with the enormous strain that the COVID-19 health pandemic is having on Alaskan communities.
Under that grant, DPS has made Coronavirus Emergency Supplemental Funds (CESF) grants
available to local public safety agencies.
The City of Kenai applied for those grant funds to cover the cost of COVID-19 related overtime
and other expenses. The primary driver of the overtime expenses was shift adjustments that
minimized staff exposure to each other, but also due to some staff being quarantined or unable
to return to work for shift due to COVID-19.
The City was awarded $23,500 in cost reimbursement for overtime related to the Police, Fire, and
Dispatch Departments. This covers costs incurred during the time period of May 18, 2020 to
February 24, 2021.
I am respectfully requesting consideration of the ordinance accepting and appropriating the public
safety grant funds for the purpose they were intended.
Page 171
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3232-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND KENAI FINE
ARTS CENTER CAPITAL PROJECT FUNDS AND AMENDING THE LEASE FOR A PORTION
OF LOT 3, BLOCK 17, ORIGINAL TOWNSITE OF KENAI FOR THE KENAI FINE ARTS CENTER
TO PROVIDE ADDITIONAL FUNDING FOR IMPROVEMENTS AND MODIFICATIONS.
WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts & Humanities
Council for City-owned lands identified as A portion of Lot 3, Block 17, Original Townsite of Kenai
and the building known as the Fine Arts Center (the Lease); and,
WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to the Peninsula
Arts Guild and the Lease has been amended over the years to require the Lessee to submit to
the City Council, for approval, any proposed construction plans for the property; and,
WHEREAS, the premises under the Lease are leased at less than fair market value at a rate of
$1 per year to provide a City-owned building to house the Fine Arts Center for the benefit of the
local community on an “as is, where is” basis and requires the Lessee, at its own cost and expense
to keep the leased premises, all improvements in good condition and repair during the term of the
lease; and,
WHEREAS, the Peninsula Art Guild completed numerous improvements to the facility at its sole
expense, and Council approved two extensions to the term of the Lease to allow the Guild to
justify future building maintenance and repair expenditures, satisfy multi-year grant funding
requirements, and pursue future funding opportunities, and the Lease currently expires on
December 31, 2035; and,
WHEREAS, on August 16, 2017, the City Council passed Resolution 2017-58, authorizing a
donation in the amount of $4,000 to the Peninsula Art Guild, Inc. for completion of preliminary
design to renovate and remodel the Kenai Fine Arts Center for the purpose of soliciting grants for
construction; and,
WHEREAS, on August 5, 2020, the Council enacted Ordinance 3146-2020, appropriating
$120,000 for the Kenai Fine Arts Center Improvement Capital Project Fund, restricted to the
following:
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.
Page 172
Ordinance No. 3232-2021
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, the Peninsula Arts Guild has provided information showing that $XX funds have been
donated and XX volunteer hours have been contributed toward improvements to the Kenai Fine
Arts Center, and the Guild is pursuing grant funding for additional necessary improvements to the
Center; and,
WHEREAS, on July 5, 2021, the Peninsula Arts Guild requested an additional $24,862.55 in
funding to complete the remaining scope of work for the improvements to the Kenai Fine Arts
Center; and,
WHEREAS, an amendment to the Lease clarifying the maintenance and capital improvement
responsibilities of the Peninsula Arts Guild as Lessee of the premises is necessary to clarify who
is responsible for the funding of any projects in the future; and,
WHEREAS, appropriation of additional funds and an amendment to the Lease to the Peninsula
Arts Guild are 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 estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $24,862.55
Increase Appropriations –
Transfer to Other Funds $24,862.55
Kenai Fine Arts Center Improvement Capital Project Fund:
Increase Estimated Revenues –
Transfer from General Fund $24,862.55
Increase Appropriations –
Construction $24,862.55
Section 2. That section 18 of the Lease is amended as follows:
CARE OF PREMISES:
Lessee, at its own cost and expense shall keep the leased premises, all improvements
which at any time during the term of this Lease may be situated thereon, and any and all
appurtenances thereunto belonging, in good condition and repair during the entire term of
this lease. The City is under no obligation to expend funds to improve or maintain the
building. Lessee is permitted to improve and alter improvements on the lease property in
accordance with a scope of work approved by the City Manager and prepared by a
qualified engineer licensed to work in Alaska if required by the City Manager prior to the
work being performed. Any changes to the scope of work must be provided to the City and
accepted prior to work being performed. Lessee is responsible for all necessary licenses
and/or permits required for making any alterations.
Page 173
Ordinance No. 3232-2021
Page 2 of 3
_____________________________________________________________________________________
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 18th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: August 4, 2021
Enacted: August 18, 2021
Effective: August 18, 2021
Page 174
Third Amendment to Lease Page 1 of 3
Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building
FOURTH AMENDMENT TO LEASE
THIS Second Amendment to Lease is made as of the _____ day of ___________,
2021, by and between the CITY OF KENAI (City), a municipal corporation whose address
is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PENINSULA ART GUILD, INC.
(Lessee), whose address is P.O. Box 703, Kenai, Alaska 99611-0703.
WITNESSETH
WHEREAS, on May 23, 1995, the City entered into a lease with the Kenai Arts &
Humanities Council for City-owned lands identified as A portion of Lot 3, Block 17,
Original Townsite of Kenai and the building known as the Fine Arts Center, which lease
was recorded at Book 464 Pages 768-776 on June 13, 1995, in the Kenai Recording
District, Third Judicial District, State of Alaska (the Lease); and,
WHEREAS, since May 23, 1995, the rights under the Lease have been assigned to
the Peninsula Arts Guild; and,
WHEREAS, an Amendment to Lease recorded at Book 486 Pages 465-466 on
June 13, 1996 extended the term of the Lease to June 30, 2015 and required the Lessee to
submit to the City Council, for approval, any proposed construction plans for the property;
and,
WHEREAS, a Second Amendment to Lease recorded on December 26, 2013,
under Document Number 2013-012032-0, extended the term of the Lease until December
31, 2020 and to amend the purpose to provide a building to house the Fine Arts Center for
the benefit of the local community; and,
WHEREAS, a Third Amendment to Lease recorded on January 30, 2017, under
Document Number 2017-000659-0, extended the term of the Lease until December 31,
2035 to justify future building maintenance and repair expenditures, satisfy multi-year
grant funding requirements, and pursue future funding opportunities; and,
WHEREAS, the parties have agreed to amend the Lease to to clarify who is
responsible for the funding of any projects in the future
Page 175
Third Amendment to Lease Page 2 of 3
Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building
NOW THEREFORE, the parties agree as follows:
1. Section 18 of the Lease is amended as follows:
CARE OF PREMISES:
Lessee, at its own cost and expense shall keep the leased premises, all
improvements which at any time during the term of this Lease may be situated
thereon, and any and all appurtenances thereunto belonging, in good condition
and repair during the entire term of this lease. The City is under no obligation to
expend funds to improve or maintain the building. Lessee is permitted to improve
and alter the lease property in accordance with a scope of work prepared by a
qualified engineer licensed to work in Alaska and accepted by the City Manager
prior to the work being performed. Any changes to the scope of work must be
provided to the City and accepted prior to work being performed. Lessee is
responsible for all necessary licenses and/or permits required for making any
alterations.
2. Except as expressly modified or stated herein, all other terms and conditions
of the Lease (as amended) remain in full force and effect.
CITY OF KENAI
By: _________________________
Paul Ostrander
Its: City Manager
PENINSULA ART GUILD
By: _________________________
Name:_______________________
Its:__________________________
Approved as to form:
_______________________
Scott Bloom
City Attorney
Page 176
Third Amendment to Lease Page 3 of 3
Portion of Lot 3, Block 17, Original Townsite of Kenai and Fine Arts Center Building
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this ____ day of ________, 2021,
by Paul Ostrander, City Manager for the City of Kenai.
____________________________
Notary Public of Alaska
My Commission Expires: _______
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this ____ day of ________, 2021,
by ________________________(Name),______________________(Title), on behalf of
PENINSULA ART GUILD, INC, a Alaska Corporation, on behalf of the Corporation.
____________________________
Notary Public of Alaska
My Commission Expires: _______
RETURN TO:
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611-7794
Page 177
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: July 27, 2021
SUBJECT: Ordinance 3232-2021 – Peninsula Art Guild Appropriation and Lease
Amendment
At the August 5, 2020 meeting Council enacted Ordinance 3146-2020, appropriating $120,000
for the Kenai Fine Arts Center Improvement Capital Project Fund to remodel the Kenai Fine Arts
Center. At the July 7, 2021 Council Meeting, Marion Nelson of the Peninsula Arts Guild asked for
additional funds of $24,862.55 to pay for items that were not in their original contract with Polar
North Construction to complete their remodeling efforts at the Kenai Fine Arts Center.
Administration was tasked by Council with identifying a funding source to fulfill the request. This
ordinance would appropriate the full amount from the General Fund, fund balance to complete
the remodeling of the Center. The General Fund is the most appropriate source for this
appropriation and the City will still be in conformance with our Fund Balance Policy.
This ordinance also amends the lease to clarify that the Lessee is responsible for the funding of
any projects in the future. From the inception of the lease on the property in 1995 until 2017,
Section 18 of the lease was interpreted by the City to mean that the Lessee was responsible for
all costs associated with alteration or improvement of the premises.
The current Section 18 “Care of Premises” reads: “Lessee, at its own cost and expense shall keep
the leased premises, all improvements which at any time during the term of this Lease may be
situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair
during the entire term of this lease.”
The following list of actions taken by the City between 1995 and January of 2021 provides a
historical context of how this lease has been managed.
5/23/1995 25-year lease entered into between Kenai Arts & Humanities Council for Lot 3
Block 17, Original Townsite of Kenai and the building known as the Kenai Fine Arts
Center. All rights under the lease were later assigned to the Peninsula Art Guild.
2003 Lessee requested City funding for boiler replacement at the facility. Request was
denied by City Manager Snow citing Section 18 of the lease.
Page 178
Page 2 of 2
2009 Lessee requested City funding for roof repairs to prevent condensation. The
request was denied, once again citing Section 18 of the lease.
2013 Peninsula Art Guild completed numerous improvements to the facility, at their sole
expense, and requested a 5-year extension to the lease in order to solicit grants
for additional facility improvements.
2016 Peninsula Art Guild requested a lease extension until 12/31/2035 in order to
pursue possible grants for repair and renovation of the facility. Extension was
executed.
2017 Resolution 2017-58 provided $4,000 to the Peninsula Art Guild to assist in
preliminary design costs for the purpose of identifying the scope of renovation and
remodel and to provide cost estimates for the purpose of soliciting grants for
construction.
2020 Ordinance 3146-2020 was amended by Council Member Navarre to include
$100,000, later amended to $120,000, for upgrading the facility’s bathroom,
increasing the functionality of the back portion of the building, installation of new
lighting and new windows. The maker of the amendment stated, “This amendment
would commit $100,000 in City funds to the project with the intent of the Kenai Fine
Arts Center being responsible for the remainder of costs.”
The Ordinance was subsequently amended to require encumbrance of the funds
by 11/10/21, use of funds was limited to construction at the Kenai Fine Arts Center,
and required if estimated costs were to exceed $150,000, the appropriation should
be brought back to the City Council for re-consideration.
1/20/21 A Council discussion item providing a remodel update was held. The original cost
estimate exceeded $150,000. Council was provided a reduced scope of work to
keep the project within the $120,000 appropriation and no additional funding was
requested.
Modifying Section 18 to clarify that the Lessee is responsible for all costs associated with the
building will provide assurance that the Lease will be managed consistently going forward. This
preserves what appears to be the original intent of Section 18 and will likely put the Peninsula
Arts Guild, or future lessees in a more favorable position to receive grants for improvements to
the facility.
Page 179
Page 180
Page 181
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: July 27, 2021
SUBJECT: Assignment and Assumption of Lease Agreement, Tract A-1, Kenai
Spur-Airport Lease Property City Gate Addition
Hilcorp Alaska, LLC, a Delaware Limited Liability Company, has submitted an application and
application fee for an Assignment and Assumption of Lease Agreement from Hilcorp Alaska,
LLC, Assignor to Kenai Beluga Pipeline, LLC, Assignee.
The original Lease of Airport Lands was executed by the City of Kenai, Lessor, and Kenai Nikiski
Pipeline, LLC, Lessee, on November 12, 2010, and recorded in the Kenai Recording District,
Third Judicial District on December 6, 2010, under document number 2010-010858-0, and
affecting an approximately 26,636 square feet portion of Tract A, Kenai Spur-Airport Lease
Property, according to Plat No. 78-111. The subject Lease of Airport Lands is for a term of 20
years, and expires on June 31, 2028. The Lessee improvements include an existing pipeline
valve in a concrete vault, blowdown valves, concrete pad for antenna tower and small building.
Hilcorp Alaska, LLC has maintained and made upgrades to the facility since the execution of the
Lease of Airport Lands.
A First Amendment to Lease was executed on November 14, 2011 by the City of Kenai, and
Kenai Nikiski Pipeline, LLC, and recorded on November 15, 2011, under document number
2011-010992-0. Said amendment amended the lease payment provision and the legal
description was amended to read as follows:
An Approximately 13,037 square foot area as depicted on Tract A-1, Replat Tract “A”, Kenai
Spur-Airport Lease Property, NE ¼, Section 5, Township 5 North, Range 11 West, Seward
Meridian, City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska.
Kenai Nikiski Pipeline, LLC subsequently assigned their interest in the Lease of Airport Lands to
Hilcorp Alaska, LLC, by Assignment and Assumption of Lease Agreement, recorded on February
22, 2013, under document number 2013-001634-0.
Page 182
Page 2 of 2
Section D, paragraph 3 of the Lease of Airport Lands stipulates that “Lessee with City’s prior
written consent, which will not be unreasonably denied, may assign or sublet, in whole or in part,
its rights as Lessee hereunder.”
The Lessee is in compliance with the terms and conditions of the lease. The City Attorney has
reviewed and approved the Assignment and Assumption of Lease Agreement that was submitted
by the Lessee. If City Council approves the attached Assignment and Assumption of Lease
Agreement the City Manager will be authorized to sign the Consent to Assignment.
Thank you for your consideration.
Attachments
A. Application
B. Assignment and Assumption of Lease Agreement
Page 183
* HARVEST
ALASKA
Via certified mail and email
June 15, 2021
Willie Anderson
Planning Assistant
City of Kenai
210 Fildalgo Avenue
Kenai, AK 99611
3800 Cenlerpoint Dr., Suite 1400
Anchorage, AK 99503
PhonE'!: (907) 7/ 7·8381
Email: krissell.crandall@harvestrr.idstream.com
RE: Assignment from Hilcorp Alaska, LLC to Kenai Beluga Pipeline, LLC of
Tract A-1, Kenai Spur-Airport Lease Property City Gate Addn.
Dear Willie:
Per our earlier discussions, Hikorp Alaska, LLC assigned Trat.t A-1 to Kenai Beluga Pipeline, LLC.
The application for approval of the assignment, proof of payment of the application fee and the
original assignment are enclosed. I'm aware that page 3 of the assignment has no substantive text
and am submitting the document as it was executed.
Please let me know if you need further information for the Airport Commission, Planning
Commission or City Council meetings. Thank you for your assistance with the form of the
documents.
Sincerely,
~(JtMv!d
Krissell Crandall
Sr. Landman
Enc: As stated
cc: Kevin Tabler, Land Manager, Hilcorp
Page 184
City of Kenai
Land Lease Application
Name of Applicant: Hilcorp Alaska, LLC
Mailing Address: 3800 Centerpoint Dr., Suite 1400 City: Anchorage
Application for:
DAmendment
0 Assignment
State: AK
O New Lease
LJ Extension
O Renewal
Zip Code: 99503
Phone Number(s}: Home Phone: Workl Message Phone: (907) 777-8379
E-mail: (Optional) ktabler@hilcorp.com [Kevin Tabler, Land Manager for Assignor]
Name to Appear on Lease: Kenai Beluga Pipeline, LLC
Mailing Address: 3800 Centerpoint Dr., Suite 1400 City: Anchorage State: AK Zip Code: 99503
Phone Number(s}: Home Phone: Workl Message Phone: (907) 777-8381
E-mail: {Optional) krissell.crandall@harvestmidstream.com [Krissell Crandall, Landman for Assignee]
Type of Applicant: D Individual (at least 18 years of age) D Partnership I Corporation I Government
0 Limited liability Company {LLC} D Other
Property Information and Term Requested
Legal description of property (or, if subdivision is required, a brief description of property):
An approximately 13,065 square foot area depicted as Tract A-1, Kenai Spur-Airport Lease Property City Gate Addn.,
NE 1/4, Section 4, Township 05 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District
Does the property require subdivision? (if Yes, answer next questions) D YES ~NO
Subdivision costs are the responsibility of the applicant unless the C~ty Council
determines a subdivision serves other City purposes:
1. Do you believe the proposed subdivision would serve other City purposes? DYES ONO
. .<
2. If determined it does not, applicant is responsible for all subdivision costs. Initials
If an appraisal is requir.ed to determine the minimum price on the land, applicant is responsible
Initials # for the deposit to cover costs associated with appraisal. If a sale is approved, the cost of the
appraisal will be either refunded or credited to the applicant. /
It is the responsibility of the applicant to cover recording costs associated with lease. Initials ~
Do you have or have you ever had a Lease with the City? (if Yes, answer next question} DYES ~NO
1. Legal or brief description of property leased:
KBPL is successor in interest to pipeline right-of-ways granted by the City of Kenai, but does not have other active leases with the City.
Request a Leas-~~ nntion to Purchase once development requirements are met? LJ y 1::.;:, ONO
Requested term for Initial Lease or Renewal (b""0 ' -· n ot to exceed 45 years):
Req uest0 r1 ·--··-~-· e 1::.xtension (based on Term Table, not to exceed a total of 45 YearsJ.
Requested Starting Date: June 10, 2021
Page 185
Proposed Use and Improvements
Proposed Use (check one): I Aeronautical :x: Non-Aeronautical
Do you plan to construct new or additional improvements? (if Yes , answer next five quest ions) LYES ~NO
'""'~,..,, ... improvement change or alter the use under an existing lease?
2 .
3.
4.
5. What are the dates con n is estimated to commence and be completed?
nerally, construCtion must be completed within two years)
1mated Start Date: Estimated Completion Date:
Describe the proposed business or activity intended:
Existing pipeline valve in a concrete vault, blowdown valves, concrete pad for antenna tower and small building
How does the proposed lease support a thrivin~ business, residential , recreational, or cultural community?
Supports continued operation of Kenai Nikiski Pipeline (20" gas pipeline), owned by Kenai Beluga Pipeline , LLC.
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
Kenai Beluga Pipeline, LLC
erm for Renewal Based on Term Table, not to exceed 45 Years:
Subm itting an application for a lease does not give the appli cant a right to lease or use the land requested in the application. The app lication
sha ll expire twelve (12} months after the date the application has bee n made if the City and the applicant have not, by that time, entered into a
lease, unless the City Council for good cause grants an extens ion for a period not to exceed six (6) months. The City has no obligation to
amend, renew or extend a lease a d may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is
not in the best interest of the City
Signature:
Print Name:
·For City U$~ Onty:
O Gener~·FUl\ld.
0 Air:pQr..t Fund ·
Accou:nt . Nt,imber;
o Airport Reserve !.and
r;::I Out~ide Airport Re,serve
Date:
Title: L·and Manager, Hilcorp Alaska, LLC
Date ApplicaUoa ~ee. e~~:
nate App~pation ·~rmined CQrnpJet~;
30 .. oay 'Not~ P1;tbl\¢8tlon Oa~e:
cq.y Cot:Jflcij· Aotion/ReS'olwtlon'. ·
Page 186
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
Hilcorp Alaska, LLC, a Delaware limited liability company (hereinafter called
"Lessee/Assignor"), whose address is 3800 Centerpoint Drive, Suite 1400, Anchorage, Alaska
99503, and who is Lessee under that Lease of Airport Lands dated November 12, 2010, which
lease has been amended through the First Amendment. to Lease dated November 14, 2011
(collectively, the "Lease"), assigns all of its respective rights, title, and interests in the Lease to
Kenai Beluga Pipeline, LLC, a Delaware limited liability company (hereinafter called
"Lessee/Assignee"), whose address is 3800 Centerpoint Drive, Suite 1400, Anchorage, Alaska
99503, subject to all the conditions and terms contained in the Lease.
The Lease covers property located in the City of Kenai described as:
an approximately 13,065 square foot area as depicted on Tract A-1, Kenai Spur-Airport
Lease Property City Gate Addn., according to the official plat thereof, filed under Plat
Number 2012-61, filed in the Kenai Recording District, Third Judicial District, State of
Alaska., NE 1/4, Section 5, Township 05 North, Range 11 West, Seward Meridian, City of
Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska,
and further depicted in Exhibit A attached to this Assignment. The Lease is recorded in the Kenai
Recording District at Serial Nos. 2010-010858-0 and 2011-010992-0. The assignment from the
original grantee to Hilcorp Alaska, LLC is recorded at Serial No. 2013-001634-0.
Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by
the Lease and to pay all outstanding liabilities and outstanding obligations that may be due and
owing, or may have been due and owing, prior to the effective date of this Assignment and
Assumption of Lease Agreement.
Assignment and Assumption of Lease; Consent Page 1of5
Page 187
This Assignment and Assumption of Lease shall be governed by and construed in
accordance with the laws of the State of Alaska.
ASSIGNOR:
HILCORP ALASKA~ LL~ d r:-,/
BY: ~~k--NAME:JetLl<ef
TITLE: CE
ASSIGNEE:
KENAI BELUGA PIPELINE, LLC
BY~. ~--N ·~a
Tl LE: PreSidenf
State of Texas )
) SS
County of Harris )
The foregoing instrument was acknowledged before me this l <O'f"~
-~:S=-''°"""eJ_<::-.. _____ , 2021, by 0\2..E:.<o t...oi..i.c.aL.G:-J-,{Name),
day of
---=c.."""~ ..... o'-----------(Title} of Hilcorp Alaska, LLC, a Delaware limited liability
company, on behalf of the company .
ASHLEY I. HILL
:.1.::!.J.!"""'1"1 Notary ID #1308852-47
My Commission Expires
Movtmb•r 1, 202-4
State of Texas )
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County of Harris )
Notary Public o -----'---':::IU..""-''-...,...---~---
My Commission Expires: ........... ....._"'-+-~"'-""'_.._ __ _
'o-r\t' The foregoing instrument was acknowledged before me this " day of
~...,.._?e. ,2021,by ~e,,t.:\....; \L•"-"4'5 S.A-,(Name),
1'~~ b t''O 6.µ-. (Title) of Kenai Beluga Pipeline, LLC, a Delaware limited
liability company, on behalf of the company .
Assignment and Assumption of Lease; Consent Page 2 of 5
Page 188
Assignment and Assumption of Lease; Consent Page 3 of 5
Page 189
CONSENT TO ASSIGNMENT
The City of Kenai hereby consents to the assignment of the above-referenced Lease
from Hilcorp Alaska, LLC to Kenai Beluga Pipeline, LLC. The City's consent to assignment shall
not be deemed to be a consent to any further or subsequent sublease or assignment. Th is
Consent is given without waiving any right or action, or releasing the Assignor from any liability
or responsibility under the above-referenced Lease.
State of Alaska )
) SS
Third Judicial District )
CITY OF KENAI
BY:
Paul Ostrander, City Manager
The foregoing instrument was acknowledged before me this day of
----------· 2021 , by Pau l Ostrander, City Manager of the C ity of Kenai , an
Alaska municipal corporation .
Approved as to form:
City Attorney
PLEASE RECORD IN THE
KENAI RECORDING DISTRICT
AND RETURN TO :
C ity of Kenai
210 Fidalgo Avenue
Kenai , AK 99611
Notary Public of Alaska
My Commission Expires: ---------
Assignment and Assumption of Lease; Consent Page 4 of 5
Page 190
EXHIBIT A
/
\ '
Assignment and Assumption of Lease; Consent Page 5 of 5
Page 191
Krissell Crandall
From:
Sent:
To:
Subject:
noreply@xpressbillpay.com
Monday, May 10, 202 1 11 :47 AM
Krisse ll Crandall
[EXTERNAL] You r Xpress Bill Pay payment confi r mati on
xpress BILL PAY
SUCCESS
Your payment has been submitted.
5/10/20211:47 PM
Krissell Cranda II
Confirmation Number: 99115982
Item
City of Kenai AP -Misc. Revenue
Transaction Number: 148125092PT
Hil corp Alaska Airport Lease/App Assignment Fee
City of Kenai AP -Sales Tax
Transaction Number: 148125092PT
Total
1
Amount
$100.00
$6.00
$106.00
Page 192
A. CALL TO ORDER
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JULY 14, 2021 -7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of the Allegiance.
2 . Roll Call
Commissioners present: J. Twait, R. Springer, J. Halstead, A. Douthit, D. Fikes, G .
Woodard
Commissioners absent: G. Greenberg
Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W.
A quorum was present.
3. Agenda Approva l
MOTION:
Anderson, Deputy City Clerk M. Thibodeau , Council Liaison
J. Glendening
Commissioner Halstead MOVED to approve the agenda and Vice Chair Fikes SECONDED the
motion . There were no objections; SO ORDERED.
4. ConsentAgenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and Vice Chair Fikes
SECONDED the motion. There were no objections; SO ORDERED .
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
5. *Excused absences -None.
Page 193
B. APPROVAL OF MINUTES
1. *Regular Meeting of June 23, 2021
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT -None .
D. UNSCHEDULED PUBLIC COMMENT -None.
E. CONSIDERATION OF PLATS-None.
F. PUBLIC HEARINGS
1. Resolution PZ2021-26 -Application for a Variance Permit to Allow for a Rear Yard
Setback of Five Feet where a Twenty-Foot Setback is Required and Height
Restriction of Twelve Feet for a One-Story Accessory Building on Property
Described as Lot 5, Block 3, Deepwood Park Subdivision Amended, and Located at
110 Deepwood Ct., Kenai, AK 99611. The Application was Submitted by Brad
Nyquist, P.O . Box 1821, Kenai AK 99611.
MOTION :
Vice Chair Fikes MOVED to approve Resolution No . PZ2021-26 and Commissioner Woodard
SECONDED the motion.
Planning Director Foster presented his staff report with information provided in packet explaining
that the applicant wishes to construct an approximately 320 square foot deck on his property and
a storage building on top of the deck, and the application was for a variance of rear yard setback
and building height. It was noted the application met the criteria and City staff recommends
approval subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. Prior to commencement of construction of the deck, the owner shall obtain a Building
Permit from the Building Official for the City of Kenai.
3 . Prior to commencement of construction of the accessory structure (shed), the owner
shall obtain a Building Permit from the Building Official for the City of Kenai.
Chair Twait opened for public hearing.
Brad Nyquist clarified that this would be a storage shed and a workshop . He stated that he
intends to use trees he cut down as lumber to create a timber frame structure , and has not
received any negative feedback from neighbors about the proposed structure. The applicant
clarified the details of the structure's foundation, which a contractor helped him to engineer and
he built himself.
There being no one else wishing to be heard, the public hearing was closed .
Planning and Zoning Commission Meeting
July 14, 2021
Page 2 of 5
Page 194
Clarification was provided that the deck and structure combined would be larger than 200
square feet which required a building permit.
VOTE:
YEA: Springer, Halstead, Douthit, Fikes, Woodard, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the 15-day appeal period.
G. UNFINISHED BUSINESS -None.
H. NEW BUSINESS
1. Action/Approval -Special Use Permit to Kenai Chamber of Commerce and Visitor
Center for the Moosemeat John Cabin .
MOTION:
Commissioner Halstead MOVED to recommend approval of a Special Use Permit to Kenai
Chamber of Commerce and Visitor Center for the Moosemeat John Cabin and Vice Chair Fikes
SECONDED the motion.
Clarification was provided that this Special Use Permit has been provided on an annual basis
for several years, and this is a continuation without any major changes. The Commission
discussed why this is an annual SUP instead of a lease, and it was noted that a SUP can allow
for more flexibility and may be a better option for the Chamber.
VOTE:
YEA: Halstead, Douthit, Fikes, Woodard, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
2. Action/Approval -Recommendation for Ordinance No. 3222-2021 -Determining
that Real Property Described as Lot 1A, Block 1, Deshka Subdivision, City-Owned
Airport Land Located Outside the Airport Reserve, is not Needed for a Public
Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC.
MOTION:
Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3222-2021 and
Commissioner Woodard SECONDED the motion.
It was noted that the property is currently leased as a jewelry store. An explanation was given
for the City's Policy for Sale of Specific Airport Leased Lands, approved by Resolution No.
Planning and Zoning Commission Meeting
July 14, 2021
Page 3 of 5
Page 195
2018-12, which provides a lessee the opportunity to purchase City-owned leased land outside
the Airport Reserve with substantial constructed leasehold improvements. Certain conditions
need to be met for this type of land sale, such as the appraised valuation of property which is
the option this lessee has chosen. It was noted that a recent appraisal valued the raw land at
$250,000. The applicant wishes to make $62,500 in improvements over a three-year time
period, and a scope of work and receipts would be provided. Resolution No. 2018-12 allows the
lessee to purchase the land at 100% of the raw land value with these improvements.
Discussion from the Commission included the coffee shop on the property and whether it would
impact the appraisal value or permits, potential improvements, and the status of the building
ownership. It was noted that Schilling Rentals, LLC have been lessees on the property since
2017 when they took over a 55 year lease that expires in 2030.
VOTE:
YEA: Halstead, Douthit, Fikes, Woodard, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
3. Action/Approval -Recommendation for Ordinance No. 3221-2021-Determining
that real property described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014
Replat, city-owned airport land located outside the airport reserve, is not needed for
a public purpose and authorizing the sale of the property to Schilling Rentals, an
Alaska Partnership.
MOTION:
Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3221-2021 and
Commissioner Springer SECONDED the motion.
It was noted that, as with Ordinance No. 3222-2021, the lessee intends to purchase the City-
owned land they currently lease. However, here they are requesting on the value of
improvements they've already made over their current lease term, and this option requires
completed improvements to be at least four times the value of the land. A recent appraisal
valued the raw land at $300,000, and the lessee has shown to have added over $2 million in
improvements which exceeds the required amount.
Clarification was provided that the appraisal of the raw land value came from a third-party
source.
VOTE:
YEA: Woodard, Twait, Springer, Halstead, Douthit, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS -None.
Planning and Zoning Commission Meeting
July 14, 2021
Page 4 of 5
Page 196
J. REPORTS
1. City Council -Council Member Glendening reported on the actions from the July 7,
2021 City Council meeting.
2. Borough Planning -Vice Chair Fikes reported on the actions from the July 12 Borough
Planning meeting .
3. City Administration -Planning Director Foster reported on the following :
• Zoning map has been put in Chambers for reference during meetings;
• Upcoming meeting on July 28, 2021 is anticipated to include a rezoning
application and an application for development incentives;
• The Conditional Use Permit for firewood bundling approved at the June 23 , 2021
meeting received an appeal application, but the applicant has withdrawn their
CUP application so there won't be a hearing.
K. ADDITIONAL PUBLIC COMMENT -None.
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. July 28, 2021
N. COMMISSION COMMENTS & QUESTIONS -None.
0. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:24 p.m .
Minutes prepared and submitted by:
Meghan Thibodeau
Deputy City Clerk
Planning and Zoning Commission Meeting
July 14, 2021
Page 5 of 5
Page 197
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: July 2021
SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report
Enplanements
2021 ENA passenger enplanements are rebounding after 2020 travel season hampered by
COVID and the bankruptcy of the previous Ravn Alaska operator.
June enplanements are down 22% from 2019, YTD enplanements are down 39% compared to
the same period in 2019.
Parking Revenue
Parking revenue is also rebounding from 2019 levels. June revenue is down 21% from 2019,
YTD revenue is down 39% compared to the same period in 2019.
2019 2020 2021
Jan 6785 6390 3389
Feb 5957 5930 3112
Mar 6808 1317 4127
Apr 6441 359 4035
May 7198 702 4464
Jun 7656 1367 5953
Grand Total 40845 16065 25080
2019 2020 2021
Jan
17,143
14,966
6,626
Feb
18,660
15,445
8,373
Mar
19,540
9,523
11,315
Apr
19,444
6,503
11,757
May
18,460
2,226
15,309
Jun
18,112
3,590
14,236
Grand Total
111,359
52,253
67,615
Page 198
Page 2 of 2
Airport Mid-Month Report
Page 2 of 2
Runway 2L/20R Replacement
Nightly runway closures will begin the evening of August 4. Geotechnical coring will assess the
runway, taxiway interlinks, and taxiway A subbase. Coring is expected to last ten (10)
consecutive days.
FAA Airport Inspection
The FAA conducts an annual airport certification inspection ensuring airport safety and
compliance. On July 6, 7, and 8 the completed an inspection of ENA, and issued a letter of
correction identifying two (2) airport discrepancies:
1. Runway vehicle access road – missing signage
2. Runway surface painted hold short sign – old surface markings show through faded
markings
Terminal Rehabilitation – Ribbon Cutting Ceremony
ENA is commemorating the terminal rehabilitation project on Friday, August 6 at the terminal.
Ceremony begins at noon followed by a ceremonial ribbon cutting, refreshments, and a self-
guided tour.
Page 199
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: July 27, 2021
SUBJECT: Finance Department Mid-Month Report July 2021
In preparation for the 2021 Personal Use Fishery, the department assured all shacks were online
and ready to process transactions, software enhancements were complete, the Dipnet App was
updated, and City Hall was prepared for daily reconciling activities. The department successfully
recruited for shack operators. Fee shacks this year were again cashless. Intercoms were
available to shack workers if they chose to utilize them.
With the completion of the budget, the department’s focus has switched to closing of FY21 and
completion of the City’s Comprehensive Annual Financial Report. This process includes the
closing of the FY21 financial records, fiscal year-end grant reporting, and finally, financial
statement preparation. The annual audit is scheduled for the week of October 4th.
The Department successfully recruited its Desktop Support Technician with the employee
beginning work on July 19th. This position will provide increased capacity in the department.
Employee open enrollment has been completed for FY2021 for employee health care and in
conjunction with Human Resources and the City’s broker, the process to analyze the City’s health,
dental, vision, life and supplental insurances is underway. Currently any recommended plan or
provider changes are scheduled to be implemented by January 1, 2022.
Page 200
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: July 12, 2021
SUBJECT: Fire Department Mid-Month Report – June
Calls for service in June were up, resulting in the busiest June on record for us. Here is the
breakdown for calls for service.
Project work continues with the Vaccination program as we move towards the last clinics for
Pacific Star Seafoods, as well as continuing efforts with Public Health at the Wednesday Markets
which are slated to go through July and August. We are also working on updating our ISO
information for review with the organization, and we are moving forward with the updates to the
Emergency Operations Plan.
We worked to close out FY20-21 PO’s and other items needing closed prior to the end of the
fiscal year, however, a few items still remain in our SHSP grant projects to complete as we
continue to move forward.
Stephen Turkington and Cory Lehl attended firefighter tactics training in Valdez where they
learned new techniques for victim rescues, search tactics, and fire attack techniques. Pete Coots
completed adult/child/infant CPR skills check off for 19 PD personnel in preparation for Dipnet
season, while boat training continued throughout June, also in preparation for Dipnet season.
Mike Oden successfully completed his Fire Inspector I, passing his final exam. And finally, Mac
Lee completed his probationary year to again have all fire personnel in the Regular Employee
category.
Page 201
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: July 13, 2021
SUBJECT: Library Mid-Month Report June 2021
June 2021 at a Glance
Items Borrowed Jun-20 Jun-21 2021 YTD
Physical 2,524 6,457 29,117
Digital 1,458 1,719 9,974
Visits and Services
Number of Curbside Pickups 202 56 815
New Memberships 14 33 187
Room Use n/a 42 102
Programs
Number of Programs 18 16 100
People Reached (e.g., DIY Kits)n/a 155 919
People Reached Virtually n/a 612 4,793
Technology Sessions
Computer sessions 252 368 1,688
WiFi Sessions 2,716 4,390 22,240
Early Literacy Station Sessions n/a 122 185
Page 202
Page 2 of 2
June 2021 programming highlights
• Virtual programs via Facebook, YouTube, and Zoom
o DIY Wasp Catcher (119 views)
o Biweekly Lego® challenge (55 views)
o Biweekly Maker Mondays (113 views)
o Virtual story times (9 participants)
o Let’s Draw! Belugas (136 views)
o Cast Iron Cooking-Vegetables (56 views)
• DIY kits and giveaways
o Treasure hunt around the library (40)
• Summer Reading 2021
o Kick-off party (in person, 39 attendees)
o Jr. Art Club (124 views)
o Mini Books DIY kits for teens and adults (55)
o Embroidery Cards for teens and adults (60)
June 2021 library services highlights
• Summer Reading Program 2021 is in full swing. As of June 30, 337 children, 41 teens,
and 99 adults have signed up to participate. For more information, go to
https://www.kenai.city/library/page/summer-reading-2021
• We gave out 520 meals to children 18 and under during our Summer Food Service
hours in June
• Transits:
o We sent 495 items to Alaska Library Catalog member libraries.
o We borrowed 567 items from Alaska Library Catalog member libraries.
Page 203
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: July 27, 2021
SUBJECT: Mid-month Report – June 2021
Preparation for the Personal Use Fishery started the end of June, beginning with installation of
signage and followed with fencing (dune protection) and delivery of traffic cones utilized in a
variety of areas. Kenai Little League successfully hosted the District 1 Minor Baseball
Tournament July 10 through July 17. There were a total of 5 teams that participated, including
Abbot-O-Rabbit, Diamond West, Palmer, Soldotna and Kenai.
The department assumed management of the Kenai Recreation Center July 1.
The department assisted with the Chamber’s 4th July activities. Activities included assisting
volunteers set up tents, setting up the beer garden, delivering electrical pedestals, extra turf
mowing and trimming along parade route and handling trash and cleaning of bathrooms
throughout the day of the festivities.
The Kenai Softball Association held their annual Firecracker Tournament July 3 & 4. The
department teamed up with the league and got the fields prepared in advance of the tournament
and volunteers provided routine maintenance services throughout the day Saturday and Sunday.
The Kenai Wolfpack Rugby organization held their annual tournament July 17 & 18 located at
Millennium Square. There were a total of 9 teams, many traveling from throughout the state.
The department teamed up with the Street Department and removed about 64 trees from around
city hall, library and public safety buildings. Additionally, some dirt work, stump removal and
seeding occurred. Some replacement trees will be installed in the near future.
Page 204
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: July 12, 2021
SUBJECT: Planning and Zoning June 2021 Report
Planning and Zoning Commission Agenda Items and Resolutions
• On June 9, 2021 the Planning and Zoning Commission recommended approval of the
following preliminary plats and special use permits:
o Resolution PZ2021-22 – Preliminary Subdivision Plat of Kenai Landing
Subdivision 2021 Addition, submitted by Edge Survey and Design, P. O. Box
208, Kasilof, AK 99610, on behalf of Kenai Landing, Inc., 4786 Homer Spit Rd.,
Homer, AK 99603
o Resolution PZ2021-23 – Preliminary Subdivision Plat of Triple C Subdivision,
submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603, on behalf of
Mark Holmes, 4493 Lakewood Blvd., Naples, FL 34112
o Action/Approval – Special Use Permit to State of Alaska, Division of Forestry
for Air Tanker Reload Base
o Ac tion/Approval – Special Use Permit to Weaver Brothers, Inc. for Truck Trailer
Storage
• On June 23, 2021 the Planning and Zoning Commission held a Work Session before their
regular meeting to receive Commissioner training from the Planning Director.
• On June 23, 2021 the Planning and Zoning Commission recommended approval of the
following conditional use permit and land donation requests:
o Resolution PZ2021-24 – Application for a Conditional Use Permit for a firewood
bundling business (storage yard) in the Rural Residential zone, on Lot 24, Block
3, VIP Ranch Estates Subd. Part 6, and located at 2825 Bowpicker Lane. The
application was submitted by Tracey Hedlund-Smith, 2740 Set Net Ct., Kenai, AK
99611.
Page 205
Page 2 of 2
o Action/Approval – Conditionally Donating Certain City Owned Property
Described as Two Approximate 1 1/4 Acre Parcels to be Subdivided from a
Portion of the 72 Acre More or Less Portion of the SE 1/4 Lying East of Tract A
Kenai Meadows (KPB Parcel No. 039 010 65) To Kenai Peninsula Housing
Initiative for the Development of Restricted Income and Senior Housing.
o Ac tion/Approval – Conditionally Donating Certain City Owned Property
Described as One Approximate 2 Acre Parcel to be Subdivided from a Portion of
the 6.8 Acre More or Less Portion of the East of Tract 4, Baron Park Subdivision
(KPB Parcel No. 045 010 35) to Triumvirate Theatre for the Development of a
Theatre Facility.
Building Permit and Site Plan Reviews
Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The
Department conducted five Building Permit reviews in June, 2021.
Code Enforcement
There were three code enforcement cases opened in June, 2021.
Lands
• On June 2, 2021, Kenai City Council approved the amendments to the lease for Soar
International Ministries for Tract A-2, General Aviation Apron Subdivision No. 7. The
amendment allows the office component be completed within four years instead of two
years.
• On June 16, 2021, Kenai City Council approved a special use permit application for the
Alaska Division of Forestry use of that portion of Lot 4, FBO Subdivision No.7 for use as
an air tanker reload base.
• On June 16, 2021, Kenai City Council approved a special use permit application for
Weaver Brothers, Inc. for storage of truck trailer storage on City-owned parcels along
Coral Street and two portions of additional City owned land.
The City did not receive any applications for new Leases during June 2021.
Page 206
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: July 15, 2021
SUBJECT: Police & Communications Department Activity – June 2021
Police handled 680 calls for service in June. Dispatch received an estimated 210 9-1-1 calls;
however, we are still awaiting the exact final number for June. Officers made 43 arrests. Traffic
enforcement resulted in 346 traffic contacts and 76 traffic citations. There were 2 DUI arrests.
Officers investigated only one motor vehicle collision in June. There were no collisions involving
a moose. There were no collisions involving drugs or alcohol.
The police call volume is trending higher than last year with an increase of about 11%, but still
lower than call volumes from prior years.
The KPD officer on the regional SERT team attended two days of training with the team. The
KPD officer participating in the regional drug task force attended a four day interdiction training
in California. Two officers attended a four day interview training class in Anchorage. Two
supervisors attended a two day training in Anchorage on supervising critical patrol incidents.
KPD officers and supervisors spent a week training temporary employment officers to assist in
the personal use fishery. All officers were provided CPR and AED refresher training.
4042
1456
3066
1396
3395
12900
2000
4000
6000
Total Police Service Calls 911 Calls Received
2019(Jan 1 - Jun 30)2020(Jan 1 - Jun 30)2021(Jan 1 - Jun 30)
Page 207
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: July 1, 2021
SUBJECT: June 2021 Monthly Report
This month the Kenai Animal Shelter took in 51 animals. Animal intake and disposition:
DOGS:
INTAKE 34 DISPOSITION 25
Waiver 10 Adopted 9
Stray 15 Euthanized 2
Impound 2 Claimed 14
Protective Custody 0 Field Release 0
Quarantine 0 Transferred 0
Microchips 6 Other Dispositions 0
Other Intakes 1
CATS:
INTAKE 17 DISPOSITION 12
Waiver 12 Adopted 11
Stray 4 Euthanized 1
Impound 0 Claimed 0
Protective Custody 0 Field Release 0
Quarantine 1 Transferred 0
Page 208
Page 2 of 2
2 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
22 Animals are known borough animals
34 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
2 Citations
0 Educational Outreach
Statistical Data:
438 2019 YTD Intakes
414 2020 YTD Intakes
308 2021 YTD Intakes
Additional Information:
The Kenai Animal Shelter staffed hosted a volunteer orientation on June 16th, 2021 at the Kenai
Library. Potential volunteers are in the process of completing training and should start
volunteering at the shelter in early July.
Microchips 0 Other Dispositions 0
Other Intakes 0
0
OTHER ANIMALS:
INTAKE 0 DISPOSITION 0
Chicken 0 Chicken 0
Rabbit 0 Rabbit 0
Other 0 Guinea Pig 0
DOA: 6 OTHER STATISTICS:
Dog 3 Licenses (City of Kenai Dog Licenses) 19
Cat 3
Bird 0
Page 209
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: July 2021
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• Alaska Regional Fire Training Facility Aircraft Rescue Fire Fighting (ARFF) Vehicles – The
new trucks have now arrived, training with manufacturer’s representatives with our Shop, Fire
Department and Alaska Regional Fire Training staff is taking place the week of July 26th. Units
are in good working order and will be a tremendous asset to the training facility.
• 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. Orion Construction was the successful bidder with a low
bid of $2,289,000. The City successfully executed a grant with the FAA on September 25,
2020 in the amount of $1,954,101, a second grant is anticipated for next Spring, May 2021,
to cover the remaining costs on a total project cost of $2,835,263. A Notice to Proceed for
Construction was issued for October 14, 2020. Update June 2021: This project is now
anticipated to experience significant delays. Contractor has been experiencing supply chain
issues and building will likely not start construction until next spring. Most of the issues stem
from the Steel Pre-Manufactured Building Suppliers. Formal shop drawings for the building
have yet to be approved and production times run 16 weeks in normal times. With the
scheduled start looking to be in early winter best case scenario staff and the engineering team
are considering holding off the building start until May 2022. There have been no cost impacts
Page 210
Page 2 of 5
Public Works Mid-Month Report
submitted to the City at this time, only considerations due to project timeline. Council will
continue to be kept apprised of the situation. Nothing new to report.
• Kenai Municipal Airport Airfield Drainage – Ordinance 3166-2020 Authorized HDL
Engineering to begin an assessment on both the existing runway as well as some ongoing
drainage issues. On December 14, 2020 an agreement was executed to begin investigations
on the Airfield Drainage project. The initial agreement in the amount of $37,230 will provide
for CCTV camera inspections of several thousand feet of storm main near the runway. On
January 8, 2021 we received a report from HDL with the condition assessment of the drainage
lines that were inspected prior to the Holidays. Based on this information HDL has provided
a proposal to complete Construction Documents for the replacement of approximately 500 LF
of the most deteriorated pipe, with other sections to wait and be completed along with the
future Runway Rehabilitation Project. Ordinance 3185-2021 was approved at the February
17, 2021 Council Meeting and appropriated additional funds for a total anticipated project cost
of $300,000. Update: Approval to Advertise was received from the FAA on 7/23/21, project
will be released in papers on 7/28/21 with Bids due on August 19, 2021. Council should
anticipate seeing legislation at the September 1, 2021 meeting with bid results.
• Kenai Municipal Airport (KMA) Tractor & Mower – Invitations to Bid were released on
November 20, 2020 with Bids Due on December 8, 2020. This project is in support of Airfield
Maintenance Operations and is identified as Project No. 5 for the Airport Fund in the City’s
current Capital Improvement Plan. Council can expect to see legislation in December in
relation to this Project. Ordinance 3176-2020 was approved at the January 6th, 2021 Council
Meeting with an Award to Craig Taylor Equipment in the amount of $151,736. Formal Notice
of Award was issued on January 12th, contract was formally executed on January 21, 2021
and the equipment is now on order. Update: The equipment has arrived at Craig Taylor
Equipment on K Beach, installation some minor equipment like LED lights is taking place the
week of 7/26/21. Tractor and mower are expected to be in service by August 9th.
• Kenai Municipal Airport Snow Removal Equipment (SRE) – Resolution 2021-32 was approved
at the 5/19/21 council meeting; a future Ordinance appropriating funds from the FAA will be
forthcoming once grant amounts are confirmed. Overall cost of equipment with freight is
anticipated to be $773,150. Ordinance 3229-2021 is being introduced 8/4/21 for appropriation
of grant funds for this purchase.
• Kenai Municipal Airport Runway Rehabilitation Project – This project known as Task 4 within
HDL Engineering Consultants LLC term service agreement with the City shall provide an initial
assessment of the current condition of the airport runway. This will include geotech work,
coring numerous locations of the runway. This work will provide the necessary information to
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coordinate with the FAA to seek grant funding for an overall runway rehabilitation project which
will ultimately include the runway, taxiways, drainage, lighting, markings, etc. Once the
conditions report is received, which fiscal year the project will likely need to take place will be
determinable. This initial assessment and corresponding design work to an anticipated 35%
level of completion has been contracted at a total cost of $250,000 and is expected to be
completed by the end of the calendar year.
• 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 approved on
August 19, 2020. Formal contract was executed with Endries Company on August 31, 2020
with a formal Notice to Proceed provided on the same day. Work associated with the Cathodic
Protection is now complete. Update: This project is now 98% complete with only final
commissioning remaining to be completed which is scheduled for August 2nd.
• Waste Water Treatment Plant Master Plan – 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. On August
31, 2020 the first draft assessment was received. Staff continues to work with HDL to develop
plans for the facility in preparation of updates to the Capital Plan. Update: With the
assessments now complete a Rate Study will begin this fall to evaluate and determine best
practices for long term maintenance of the facility.
• Water & Sewer Master Plan – Resolution 2021-19 is set for Council approval March 17, 2021
awarding $82,175 to HDL Engineering Consultants to begin assessments of Water & Sewer
facilities. A formal report is anticipated within ninety days of their Notice to Proceed. HDL
was on site April 13-15 conducting site inspections, photo documenting facility conditions.
Work remains on schedule. Update: With the assessments now complete a Rate Study will
begin this fall to evaluate and determine best practices for long term maintenance of the
facility.
• Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at
the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design
Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on
January 6, 2021 with a Notice to Proceed issued on January 11, 2021. First step will be to
request proposals from various press manufacturers and make a selection to move through
design phases with. Presses of this type typically take six months to manufacturer, goal will
be to have an operational new press around late November 2021. On February 3, 2021 HDL
staff was on site taking measurements and further detailing the new press location and
associated appurtenances. A Request for Proposals from press manufactures was released
on April 27, 2021 with proposals due on May 25th, 2021. Resolution 2021-42 to award an
equipment purchase agreement to Andritz Corp in the amount of $285,000 was approved by
Council at the June 16, 2021 meeting. Update: Equipment is now on order. Final plans will
be drafted and an Invitation to Bid for Construction will be released this fall with equipment
arrival anticipated for January/February 2022.
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• Kenai Well house Relocation – Project was released for Invitations to Bid on March 8, 2021
with bids due on April 1, 2021. Project consists of relocating a small prefabricated steel
structure, approximately 20’x28’ that suffered foundation damages during the November 2018
earthquake. This project was approved under Ordinance 3194-2021 at the March 3rd, 2021
council meeting. Ordinance 3215-2021 was approved June 2, 2021 to award the project to
Polar North Construction and to accept insurance proceeds for project to move forward.
Contract documents are in the process of being executed. Work is anticipated to start in
August 2021 and will likely carry into spring 2022 for completion as the weather allows.
• SCADA Integration – Resolution 2021-10 approved at the March 3, 2021 Council meeting has
authorized a $125,000 purchase order to HDL Engineering for assessments and repairs to
both the Water & Sewer and Wastewater facilities relating to SCADA. Borealis Controls as
sub-consultant to HDL Engineering has provided a revised SCADA network diagram, and is
working on replacing primary equipment at the public safety building. Update: Late June
2021 all primary equipment at the Public Safety Building was replaced with new, contractor
has been working on programming remotely with the next site visit anticipated for early
August.
• USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of
Engineers was signed April 10, 2019. On June 17, 2020 Council authorized the City Manager
to sign the MOU received from the Corp. PED Agreement arrived on September 2, 2020.
The City mailed a check in the amount of $350,000 on September 18, 2020 to cover the City’s
initial share of PED costs. Meetings have begun with the City Manager and Public Works
Director with the ACOE. Draft RFP Docs were sent to ACOE Staff for comment on December
8, 2020 during phone conference with ACOE, City Manager and PWD. Comments were
received back on December 9th. Formal Request for Proposals was released on January 28,
2021, Pre-proposal zoom meeting was conducted on February 9, 2021 with approximately
twenty people attending. Proposals were received on March 4, 2021 from five firms.
Evaluations of the proposals were completed by committee and HDR Engineering, Inc was
the highest scoring successful proposer. An intent to award was sent out on March 18, 2021.
Council approved Resolution 2021-35 at the June 2, 2021 meeting awarding an agreement
to HDR along with issuance of a purchase order in the amount of $791,832.68. Design
services are expected to run approximately twelve months to provide bid ready plans and
specifications. Update: on July 6, 2021 the formal agreement between the City of Kenai and
HDR was executed. Subcontracts are being secured with data collection and first meetings
to begin in August 2021 after the dipnet fishery has concluded.
• Multi-purpose Facility – The Building Maintenance Department went through the Ice Rink and
pressure washed all of the algae that has been growing on the steel beams. Nelson
Engineering was also able to come out and assess the structure and condition of the rusting.
Formal report was received on October 6, 2020. Nothing new to report.
• Fire Sprinkler Testing, Inspection & Monitoring – Invitations to Bid were released on November
20, 2020 with Bids Due on December 8, 2020. This will be for up to a five year term service
agreement for all City Facilities. Resolution 2020-93 with a Contract Award to Yukon Fire
Protection was approved at the December 16, 2020 Council meeting. Total contract for five
years services totals $74,373. Contractor will be in Kenai on starting on January 18th going
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Public Works Mid-Month Report
through all City owned facilities. The Contractor has performed all preliminary site inspections
with the exception of the Senior Housing which was decided to wait until after their vaccination
clinics which were actively taking place when contractor started. The City received Yukon
Fire’s formal report on February 2, 2021, the Contractor is set to return in March and begin
repairing deficiencies identified during their inspection. Council will see some upcoming
legislation to address needs at the Visitors Center and Recreation Center that are beyond the
current budgeted contingencies.
• Cemetery Expansion – This project is located at the corner of First Ave and Float Plane Rd
and will provide for additional burial space as the existing adjacent cemetery has reached
capacity. The Public Works Department using in house personnel has already cleared,
leveled and graded the site, and placed and compacted a gravel sub-base for the parking
area. This spring asphalt paving, topsoil and seeding will take place. Additional funds will be
sought during the FY22 budget to purchase and install a new perimeter fence.
• Kenai Fine Arts Center Improvement – Polar North Construction has begun work for the Fine
Arts Center, asbestos abatement work has now been completed as of April 9, 2021 and
restoration work will now begin. Update: Contractor has completed the $120K worth of
repairs requested by the Fine Arts Center, additional legislation is pending to supplement this
funding to complete additional repairs identified during the project.
• DOT Kenai Spur Highway to Sports Lake Rd – In speaking with representatives from DOT on
June 10, 2021, it is my understanding this project will likely be released for construction bids
in late fall 2021 for an anticipated construction start of Spring/Summer 2022. This project is
intended to continue the widening of the roadway similar to the previous project that extended
to approximately Swires Rd. Nothing new to report.
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: July 8, 2021
SUBJECT: June 2021 Monthly Report
Inhouse dining resume on June 15, along with Thursday evening bluegrass and game night. All
of our services are up and running, except for transportation and we are in the process of
recruiting for two driving positions.
2021 2020
Home Delivered Meals 2121 2729
Individuals 85 120
Pick-Up Meals 127 214
Individuals 14 20
Dining Room (Congregate) Meals 401 0
Individuals 97 0
Grocery Shopping Assistance 0 14
Writers Group 38 0
Caregiver Support Group 32 0
Growing Stronger Exercise 265 0
Tai Chi Class 43 0
TOPS Weight Loss Class 8 0
Coffee/Paper 1109 0
Bluegrass Jam Session 108 0
Card Games 289 0
Total Event Sign-ins 1892 0
Individuals 170 0
Vintage Pointe Manor Vacancies 2 5
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PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: AUGUST 4, 2021
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
CDW GOVERNMENT REPLACEMENT BATTERIES NON-DEPARTMENTAL SMALL TOOLS 4,983.21
BRO DART ANNUAL BOOK LEASING LIBRARY RENTALS 6,102.00
EDOCSALASKA LASERFICHE SUPPORT AND MAINT. CLERK SOFTWARE 12 ,395.00
E.S.R.I. ARCGIS BASIC VARIOUS SOFTWARE 3,700.00
MOTOROLA SOLUTIONS FY22 MAINTENANCE FEE COMMUNICATIONS REPAIR & MAINTENANCE 11,122.24
ALASKA MUNICIPAL LEAGUE FY22 MEMBERSHIP DUES LEGISLATIVE DUES & PUBLICATIONS 7,900.00
ARCTIC OFFICE PRODUCTS CHAIRS FOR COUNCIL SEA TING LEGISLATIVE SMALL TOOLS 8,279.74
NORTHERN SECURITY SUPPLY BALLISTIC VESTS POLICE SMALL TOOLS 5,630.00
AMERICAN BUREAU OF CRANE INSPECTION ANNUAL CRANE INSPECTIONS SHOP REPAIR & MAI NTENANCE 2 ,737.60
MUNICIPAL CODE CORPORATION MUNJCODE MEETINGS SUBSCRIPTION CLERK SOFTWARE 3,800.00
ALASKA WASTE DUMPSTER RENTAL AT WWTP WWTP PROFESSIONAL SERVICES 10,000.00
SGS ENVIRONMENTAL SERVICES FY22 LAB TESTING SERVICES WATER PROFESSIONAL SERVICES 5,000.00
TAURIAINEN ENGINEERINGfTESTING FY22 WATER TESTING WATER PROFESSIONAL SERVICES 5,000.00
BIO-AQUATIC TESTING FY22 WET TESTING WWTP PROFESSIONAL SERVICES 3,000 .00
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AUGUST 4, 2021
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY
Add to item D.1. Ordinance No. 3221-2021
• Plat Map City Manager
Add to item D.2. Ordinance No. 3222-2021
• Plat Map City Manager
Kenai City Council - Regular Meeting Page 1 of 4
August 04, 2021
Kenai City Council - Regular Meeting
August 04, 2021 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. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3221-2021 - Determining that
Real Property Described as Lot 4A, Block 3, Cook Inlet Industrial Air Park 2014 Replat,
According to Plan No. 2014-21, City-Owned Airport Land Located Outside the Airport
Reserve, is Not Needed for a Public Purpose and Authorizing the Sale of the Property to
Schilling Rentals, an Alaska Partnership. (Administration)
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3222-2021 - Determining that
Real Property Described as Lot 1A, Block 1, Deshka Subdivision, According to Plat No. K-
1577, City-Owned Airport Land Located Outside the Airport Reserve, is Not Needed for a
Public Purpose and Authorizing the Sale of the Property to Schilling Rentals (2016), LLC.
(Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3223-2021 - Increasing Fiscal Year 2021
Estimated Revenues and Appropriations in the General Fund – Police Department and
Accepting a Grant from the US Department of Transportation Passed through the State of
Alaska Department of Transportation and Public Facilities for Traffic Enforcement Overtime
Expenditures. (Administration)
Kenai City Council - Regular Meeting Page 2 of 4
August 04, 2021
4. POSTPONED UNTIL 9/15/2021. Ordinance No. 3224-2021 - Repealing and Reenacting
Kenai Municipal Code Title 6 - Elections, to Provide Clarity, Housekeeping, and Process
Improvements. (Vice Mayor Molloy and City Clerk)
5. ADOPTED UNANIMOUSLY. Resolution No. 2021-53 - Authorizing the City Manager to
Execute a Memorandum of Agreement with the State of Alaska Department of
Transportation and Public Facilities for Design, Construction and Maintenance of the Kenai
Bridge Access Road Pathway Project. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of July 7, 2021. (City
Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED UNANIMOUSLY. *Action/Approval - Purchase Orders Over
$15,000. (Administration)
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to
Marijuana License Renewals for Red Run Cannabis Company, LLC, Red Run Cannabis
Cultivators, LLC, and Cook Inlet Cannabis Company. (City Clerk)
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to
Kenai Chamber of Commerce & Visitor Center for Moosemeat John Cabin. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3226-2021 - Increasing Fiscal Year 2021 Estimated Revenues and
Appropriations in the General Fund – Police Department and Accepting a Grant from the
Alaska High Intensity Drug Trafficking Area for Drug Investigation Overtime Expenditures.
(Administration)
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3227-2021 - Accepting and Appropriating a Grant from the U.S.
Department of Homeland Security Passed Through the State of Alaska Department of
Military and Veterans’ Affairs, Increasing Estimated Revenues and Appropriations in the
General Fund - Fire Department, and Authorizing the Sole Source Purchase of Portable
Radios and Accessories for the Fire Department. (Administration)
7. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3228-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Fund, Terminal Repair and Maintenance Department for Expenditures in Excess of
Budgeted Amounts Related to Damage to Terminal Building Siding and Authorizing a
Purchase Order to Blazy Construction, Inc. (Administration)
Kenai City Council - Regular Meeting Page 3 of 4
August 04, 2021
8. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3229-2021 - Accepting a Grant from the Federal Aviation Administration
and Increasing Estimated Revenues and Appropriations in the Airport Snow Removal
Equipment Capital Project Fund. (Administration)
9. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3230-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund - Fire Department for the Purchase of Extrication Equipment Needed to
Provide Emergency Response to Motor Vehicle Accidents. (Administration)
10. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3231-2021 - Increasing Estimated Revenues and Appropriations in the
COVID-19 Cares Act Recovery Fund for a Federal Cares Act Grant Passed Through the
State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the
Police, Fire, and Communications Departments of the City. (Administration)
11. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 8/18/2021.
*Ordinance No. 3232-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund, Kenai Fine Arts Center Capital Project Fund and Amending the Lease for a
Portion of Lot 3, Block 17, Original Townsite of Kenai for the Kenai Fine Arts Center to
Provide Additional Funding for Improvements and Modifications Amendment to the Lease
for the Kenai Fine Arts Center. (Administration)
12. APPROVED UNANIMOUSLY. Action/Approval - Assignment and Assumption of Lease
Agreement from Hilcorp Alaska, LLC to Kenai Beluga Pipeline, LLC. (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
Kenai City Council - Regular Meeting Page 4 of 4
August 04, 2021
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 Employment Agreement 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.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
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/81168359551
Meeting ID: 811 6835 9551 Passcode: 784457
OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 811 6835 9551 Passcode: 784457