HomeMy WebLinkAbout2021-09-15 Council PacketKenai City Council - Regular Meeting Page 1 of 4
September 15, 2021
Kenai City Council - Regular Meeting
September 15, 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)
1. Coy West - City of Kenai Marketing Update.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. 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)
Substitute Ordinance No. 3224-2021
[Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September
15 Council Meeting for a second public hearing. A motion to enact is on the floor.]
2. Ordinance No. 3238-2021 - Accepting and Appropriating an Interlibrary Cooperation Grant
from the Alaska State Library for the Kenai Community Library Storywalk® Project.
(Administration)
3. Ordinance No. 3239-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department and Accepting a Grant From the Department of Justice
Passed Through the Alaska Internet Crimes Against Children Task Force for the Purchase
of Forensic Software. (Administration)
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September 15, 2021
4. Ordinance No. 3240-2021 - Amending Kenai Municipal Code Section 23.55.030 –
Qualification Pay, to Amend the Salary Ranges to Accurately Reflect Recognition Pay and
Entitlements. (Administration)
5. Ordinance No. 3241-2021 - Declaring that, T 5N R 11W Sec 6 Seward Meridian KN
0002970 Original Townsite of Kenai Lot 3 Blk 8, Also Known as 604 Inlet Street, Kenai,
Alaska, Whose Last Record Owner Under Borough Assessment Records was Peter F.
Mysing, Whose Address is, PO Box 8134, Nikiski, Alaska, 99635-8134 and Estate of Peter
F. Mysing CO/ Dale Dolifka, PO Box 498, Soldotna, AK, 99669-0498, Shall be Retained by
the City of Kenai for a Public Purpose. (Administration)
6. Ordinance No. 3242-2021 - Declaring that, T 5N R 11W Sec 5 Seward Meridian KN
0002970 Original Townsite of Kenai Lot 3 Blk 20, Also Known as 905 Mission Avenue,
Kenai, Alaska, Whose Last Record Owner Under Borough Assessment Records Was Keith
K. Knight, General Delivery, Kenai, Alaska, Shall be Retained by the City of Kenai for a
Public Purpose. (Administration)
7. Ordinance No. 3243-2021 - Amending Kenai Municipal Code 14.20.150-Conditional Use
Permits, to Clarify Roles and Responsibilities of Applicants, the Planning Director, and the
Planning Commission in the Conditional Use Process and Make Housekeeping Changes.
(Vice Mayor Molloy)
8. Ordinance No. 3245-2021 - Authorizing a Budget Transfer in and Increasing Estimated
Revenues and Appropriations in the Congregate Housing Fund for the Purchase and
Installation of Equipment to Provide Residents Basic Television and Wireless Internet
Service. (Administration)
9. Resolution No. 2021-57 - Declaring a Right-Of-Way for a 60’ by 254’ Portion of the
Frontage Road Along Wildwood Drive as Dedicated on Lot 4-A, Block 8, Black Gold Estates
Subdivision No. 2 (Plat KN 84-76), and as Set Forth on the Attached Exhibit "A" is Not
Needed for a Public Purpose and Consenting to its Vacation. (Administration)
10. Resolution No. 2021-58 - Authorizing an Agreement for Professional Engineering Services
to Provide Construction Documents for Sewer Lift Station Upgrades. (Administration)
E. MINUTES
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Non-Objection to the Renewal of Marijuana Licenses for Grateful Bud,
LLC. (City Clerk)
3. *Action/Approval - Appointing Election Precinct Boards for the October 5, 2021 Regular
Election. (City Clerk)
4. *Action/Approval - Special Use Permit to RAVN for Warm Storage. (Administration)
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September 15, 2021
5. *Ordinance No. 3246-2021 - Accepting and Appropriating an Airport Improvement
Program Grant from the Federal Aviation Administration in the Airport Equipment Capital
Project Fund for the Purchase of Snow Removal Equipment– Multi-Purpose Broom/Blower.
(Administration)
6. *Ordinance No. 3247-2021 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project
Funds, Awarding a Professional Services Agreement and Corresponding Purchase Order
for Mission Avenue Water Main Repairs. (Administration)
7. Discussion - Request to Schedule a Joint Work Session for the Draft Land Management
Plan. (Administration)
8. Discussion - Set a Special Meeting for City Clerk Candidate Review. (City Clerk)
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
M. PENDING ITEMS
N. ADJOURNMENT
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September 15, 2021
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/83752673950
Meeting ID: 837 5267 3950 Passcode: 296323
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 837 5267 3950 Passcode: 296323
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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 authorized 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
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[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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(C) ALL ELECTION JUDGES AND CLERKS, BEFORE ENTERING UPON THEIR DUTIES,
MUST SUBSCRIBE TO THE OATH REQUIRED OF ALL PUBLIC OFFICERS BY THE
CONSTITUTION OF THE STATE OF ALASKA IN THE MANNER PRESCRIBED BY THE
CLERK. IF ANY APPOINTED ELECTION OFFICIAL IS NOT ABLE OR REFUSES TO SERVE
ON ELECTION DAY, THE CLERK MAY APPOINT A REPLACEMENT FOR THAT OFFICIAL.
(D) CANDIDATES SHALL NOT SERVE AS ELECTION OFFICIALS. CERTAIN FAMILIAL
RELATIONSHIPS MAY NOT EXIST BETWEEN A CANDIDATE AND A PRECINCT ELECTION
JUDGE, ELECTION CLERK, OR MEMBER OF A BALLOT COUNTING TEAM IN REGULAR
OR SPECIAL ELECTIONS. THOSE FAMILIAL RELATIONSHIPS ARE:
(1) MOTHER, MOTHER-IN-LAW, STEPMOTHER;
(2) FATHER, FATHER-IN-LAW, STEPFATHER;
(3) SISTER, SISTER-IN-LAW, STEPSISTER;
(4) BROTHER, BROTHER-IN-LAW, STEPBROTHER;
(5) SPOUSE; OR
(6) PERSON SHARING THE SAME LIVING QUARTERS.
(E) IF THE ELECTION SUPERVISOR KNOWS OR LEARNS ANY OF THESE
RELATIONSHIPS EXIST, THE PRECINCT ELECTION JUDGE, ELECTION CLERK, OR
MEMBER OF THE BALLOT COUNTING TEAM SHALL BE NOTIFIED AND THE PERSON
REPLACED.
(KC 6-12,13; ORDS. 159, 2108-2005)
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
(A) THE CITY SHALL PAY ALL NECESSARY EXPENSES RELATING TO THE CONDUCT
OF EACH CITY ELECTION, INCLUDING THOSE OF SECURITY POLLING PLACES, AND
SHALL PROVIDE BALLOT BOXES, BALLOTS, VOTING BOOTHS OR SCREENS, NATIONAL
FLAGS, AND OTHER SUPPLIES AND ANY WAGES TO ELECTION OFFICIALS UNLESS
OTHERWISE PROVIDED BY THIS CODE.
(B) THE CITY SHALL PAY EACH ELECTION BOARD MEMBER AND CANVASS BOARD
MEMBER AN HOURLY RATE FOR TIME SPENT AT HIS OR HER ELECTION DUTIES,
INCLUDING THE RECEIVING OF INSTRUCTIONS AND POSTING OF NOTICES. THE
ELECTION SUPERVISOR SHALL SET THE HOURLY COMPENSATION TO BE PAID FOR
TIME SPENT BY ELECTION OFFICIALS AT A RATE COMPARABLE TO THAT PAID BY THE
STATE FOR STATE ELECTIONS. THE CLERK SHALL RETAIN A RECORD FOR AUDITING
AND PAYMENT OF ELECTION EXPENSES, INCLUDING THE COST OF GIVING NOTICE,
RENTING POLLING PLACES, PAYING ELECTION OFFICIALS, SECURITY BALLOT BOXES,
BOOTHS AND OTHER ELECTION NECESSITIES.
(KC 6-14; ORD. 2108-2005)
6.05.060 WATCHERS.
ANY CANDIDATE FOR ELECTIVE CITY OFFICE MAY APPOINT A WATCHER FOR THE
PRECINCT. STATE LAW RELATING TO WATCHERS IN STATE ELECTIONS SHALL
GOVERN WATCHERS IN CITY ELECTIONS INSOFAR AS IT IS APPLICABLE. (KC 6-15)
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
THE CITY CLERK, UNDER DIRECTION OF THE CITY COUNCIL AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER, IS THE ELECTION SUPERVISOR FOR AND
SHALL ADMINISTER ALL CITY ELECTIONS. (KC 6-16; ORD. 2108-2005)
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6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
(A) THE CITY CLERK SHALL PREPARE AND FURNISH ALL OFFICIAL BALLOTS IN CITY
ELECTIONS. THE PROVISIONS OF STATE LAW RELATING TO THE PREPARATION AND
FURNISHING OF BALLOTS IN STATE ELECTIONS SHALL GOVERN THE PREPARATION
AND FURNISHING OF BALLOTS IN CITY ELECTIONS INSOFAR AS THEY ARE
APPLICABLE AND ARE NOT IN CONFLICT WITH THE CITY CHARTER OR ORDINANCE;
AND THE CITY CLERK SHALL PERFORM THE FUNCTIONS IN REGARD THERETO
PRESCRIBED BY LAW FOR THE DIRECTOR OF ELECTIONS IN REGARD THERETO IN
STATE ELECTIONS INSOFAR AS IT IS APPROPRIATE.
(B) AT THE TIME OF PREPARING, THE BALLOTS MAY BE INSPECTED BY ANY
CANDIDATE WHOSE NAME IS ON THE BALLOT, OR BY HIS OR HER AUTHORIZED
AGENT, AND ANY DISCOVERED MISTAKE SHALL BE CORRECTED IMMEDIATELY.
(C) THE CITY CLERK SHALL PROVIDE TINTED SAMPLE BALLOTS, OATHS OF OFFICE
OF JUDGES, QUESTIONED OATHS, TALLY SHEETS WHEN REQUIRED, INSTRUCTIONS
TO VOTERS, WARNING NOTICES, AND OTHER FORMS AND SUPPLIES REQUIRED FOR
CITY ELECTIONS; AND HE OR SHE SHALL GIVE THE DUPLICATE REGISTRATION INDEX
AND AN ADEQUATE SUPPLY OF OFFICIAL BALLOTS, SAMPLE BALLOTS, AND ALL
OTHER NECESSARY SUPPLIES AND MATERIALS TO THE CHAIRS OF THE PRECINCT
ELECTION BOARDS IN ADEQUATE TIME BEFORE A CITY ELECTION.
(KC 6-17; ORDS. 803, 941, 1652-95, 2108-2005)
6.05.090 BALLOT BOXES, VOTING BOOTHS.
THE CITY CLERK SHALL PROVIDE SUITABLE BALLOT BOXES AND AN ADEQUATE
NUMBER OF VOTING BOOTHS OR SCREENS. REGULATIONS MADE BY THE DIRECTOR
OF ELECTIONS, RELATING TO POLLING PLACES, BALLOT BOXES, VOTING BOOTHS,
SCREENS, FLAGS, AND SUPPLIES FOR STATE ELECTIONS, SHALL GOVERN THESE
MATTERS IN RELATION TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND
ARE NOT SUPERSEDED BY ORDINANCE. (KC 6-18; ORD. 803)
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
(A) AT LEAST TEN (10) DAYS BEFORE EVERY CITY ELECTION, REGULAR OR SPECIAL,
THE CITY CLERK SHALL CAUSE TO BE PUBLISHED BY POSTING ON THE OFFICIAL CITY
BULLETIN BOARD IN OR ON THE CITY ADMINISTRATION BUILDING AND IN TWO (2)
OTHER PLACES IN THE CITY, OR IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
THE CITY, A NOTICE OF SUCH ELECTION. THE NOTICE SHALL INCLUDE, BUT IS NOT
LIMITED TO, THE FOLLOWING:
(1) THE DATE OF THE ELECTION;
(2) TIME DURING WHICH THE POLLING PLACE WILL BE OPEN;
(3) THE LOCATION OF THE POLLING PLACE;
(4) OFFICES TO WHICH CANDIDATES ARE TO BE ELECTED (IF ANY);
(5) AND THE SUBJECTS OF THE PROPOSITIONS AND QUESTIONS WHICH ARE TO
BE SUBMITTED TO THE VOTERS AT THE ELECTION (IF ANY).
(B) FAILURE TO PUBLISH SUCH A NOTICE OF AN ELECTION SHALL NOT AFFECT THE
VALIDITY OF THE ELECTION OR OF THE VOTE FOR ANY CANDIDATE OR ON ANY
PROPOSAL; BUT, IF CAUSED BY THE CITY CLERK, SHALL CONSTITUTE FAILURE TO
PERFORM HIS OR HER OFFICIAL DUTIES.
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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 57
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.
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_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Molloy and City Clerk
CITY OF KENAI
SUBSTITUTE 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 authorized 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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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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New Text Underlined; [DELETED TEXT BRACKETED]
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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(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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New Text Underlined; [DELETED TEXT BRACKETED]
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
FOLLOW ING 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
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CANVASS IN THE TRANSFER OF TOTALS FROM THE PRECINCT TALLY SHEETS TO THE
PRECINCT CERTIFICATE OF RESULTS SHALL BE CORRECTED BY THE CANVASSING
BOARD. A MISTAKE THAT HAS BEEN MADE IN PRECINCT RETURNS, AND THAT IS NOT
CLEARLY AN ERROR IN THE TRANSFER OF THE RESULTS FROM THE TALLIES TO THE
CERTIFICATE OF RESULTS, EMPOWERS THE CANVASSING BOARD TO RECOMMEND A
RECOUNT OF THE RESULTS OF THE PRECINCT OR PRECINCTS FOR THAT PORTION
OF THE RETURNS IN QUESTION.
(C) IN ORDER TO BE COUNTED, ABSENTEE BALLOTS THAT ARE MAILED MUST BE
MAILED ON OR BEFORE THE DATE OF THE ELECTION, AND IF THE ENVELOPE
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
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APPLY TO THE BOROUGH CLERK’S OFFICE OR ABSENTEE VOTING OFFICIAL IN HIS OR
HER AREA DURING REGULAR OFFICE HOURS.
(B) ON RECEIPT OF AN APPLICATION IN PERSON FOR AN ABSENTEE BALLOT AND
EXHIBITION OF PROOF OF IDENTIFICATION AS REQUIRED IN THIS TITLE, THE CLERK
SHALL ISSUE THE BALLOT TO THE APPLICANT.
(C) THE VOTER SHALL PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE
BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE LARGER
ENVELOPE IN THE PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS
ATTESTING OFFICIAL AND DATE OF HIS OR HER SIGNATURE. THE ELECTION OFFICIAL
SHALL THEN ACCEPT THE BALLOT.
(D) THE ELECTION OFFICIAL MAY NOT ACCEPT A MARKED BALLOT THAT HAS BEEN
EXHIBITED BY AN ABSENTEE VOTER WITH INTENT TO INFLUENCE OTHER VOTERS. IF
THE ABSENTEE VOTER IMPROPERLY MARKS OR OTHERWISE DAMAGES A BALLOT,
THE VOTER MAY REQUEST, AND THE ELECTION OFFICIAL SHALL PROVIDE HIM OR
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)
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6.05.170 ABSENTEE VOTING—BY MAIL.
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF THE
APPLICATION IS POSTMARKED NOT EARLIER THAN THE FIRST OF THE YEAR IN WHICH
THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE AN
ELECTION. A VOTER MAY REQUEST HIS OR HER NAME BE PLACED ON PERMANENT
ABSENTEE BY MAIL STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO
WHICH THE ABSENTEE BALLOT IS TO BE RETURNED, THE APPLICANT’S FULL ALASKA
RESIDENCE ADDRESS, AND THE APPLICANT’S SIGNATURE.
(B) AFTER RECEIPT OF AN APPLICATION BY MAIL, THE CITY CLERK SHALL SEND THE
ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY
FIRST CLASS MAIL. THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY
FOR DISTRIBUTION. THE POSTAGE PAID RETURN ENVELOPE SENT WITH THE
MATERIALS SHALL BE ADDRESSED TO THE CITY CLERK.
(C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER, IN THE
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE ARMED FORCES
INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE OR MAGISTRATE, UNITED
STATES POSTAL OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,
MAY PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE
SECRECY ENVELOPE, TO PLACE THE SECRECY ENVELOPE IN THE POSTAGE PAID
ENVELOPE, AND TO SIGN THE VOTER’S CERTIFICATE ON THE BACK OF THE
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)
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6.05.180 VOTING—AUTHORIZED.
THE ELECTION OFFICIAL MAY PROVIDE FOR VOTING AT ONE (1) OR MORE VOTING
PLACES FOR ONE (1) OR MORE QUESTIONS OR OFFICES ON A BALLOT. (ORDS. 881,
1788-98)
6.05.190 VOTING—BOARDS.
THE ELECTION OFFICIAL SHALL APPOINT A RECEIVING BOARD AND A DATA
PROCESSING CONTROL BOARD, EACH CONSISTING OF THREE (3) MEMBERS. THE
ELECTION OFFICIAL SHALL APPOINT A CHAIR OF EACH BOARD AND ADMINISTER THE
OATH PRESCRIBED FOR ELECTION JUDGES TO BOTH CHAIR WHO SHALL ADMINISTER
THE OATH TO THE REMAINING MEMBERS OF THEIR RESPECTIVE BOARDS. A
VACANCY ON A BOARD SHALL BE FILLED BY THE ELECTION OFFICIAL. (ORDS. 881,
1788-98)
6.05.200 VOTING DEVICES AND MACHINES.
(A) VOTING DEVICES AND MACHINES WILL BE USED FOR ALL REGULAR AND SPECIAL
ELECTIONS UNLESS DETERMINED NOT TO BE PRACTICAL BY THE CLERK. THE LAWS
OF THE STATE CONCERNING VOTING DEVICES AND MACHINES ARE INCORPORATED
IN THIS CHAPTER AS IF FULLY SET OUT IN THIS CHAPTER EXCEPT FOR PROVISIONS
IN CONFLICT WITH THIS CHAPTER.
(B) THE ELECTION OFFICIAL SHALL DESIGNATE THE COMPUTERS TO BE USED IN
COUNTING THE BALLOTS AND MAY NEGOTIATE AND CONTRACT WITH THE KENAI
PENINSULA BOROUGH OR A PRIVATE COMPUTER SERVICE FOR THE NEEDED
COMPUTER SERVICES.
(ORDS. 881, 941, 1788-98)
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
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CANDIDATE OTHER THAN THE CANDIDATE WHO WAS FIRST DECLARED ELECTED IS
DECLARED ELECTED, OR IF THE RESULT OF THE VOTE ON A QUESTION IS REVERSED,
OR IF THE VOTE ON RECOUNT IS DETERMINED TO BE FOUR PERCENT (4%) OR MORE
IN EXCESS OF THE VOTE REPORTED AFTER THE FIRST CANVASS FOR THE
CANDIDATE APPLYING FOR THE RECOUNT OR IN FAVOR OF THE OPPOSED TO THE
QUESTION STATED IN THE APPLICATION, THE DEPOSIT SHALL BE REFUNDED;
OTHERWISE, IT SHALL BE PLACED IN THE GENERAL FUND OF THE CITY.
(C) THE COUNCIL SHALL BEGIN THE RECOUNT WITHIN FORTY-EIGHT (48) HOURS
AFTER RECEIVING THE APPLICATION, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY, SHALL PROCEED WITH IT AS FAST AS PRACTICABLE, AND, SHALL DECLARE
THE RESULTS THEREOF. THE CITY CLERK SHALL PROMPTLY ISSUE ANOTHER
ELECTION CERTIFICATE IF A CHANGE IN THE RESULTS REQUIRE IT.
(KC 6-27; ORD. 2108-2005)
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
ANY CANDIDATE OR A MAJORITY OF THE PERSONS WHO REQUESTED A RECOUNT
WHO HAVE REASON TO BELIEVE THAT AN ERROR HAS BEEN MADE IN THE RECOUNT
INVOLVING ANY CANDIDATE OR QUESTION, MAY APPEAL TO THE SUPERIOR COURT
IN ACCORDANCE WITH APPLICABLE COURT RULES GOVERNING APPEALS IN CIVIL
MATTERS. THE FILING OF THE APPEAL AND THE PROCEEDINGS SHALL BE, AS NEARLY
AS MAY BE, AS IN CASE OF SUCH AN APPEAL MADE AFTER A RECOUNT IN A STATE
ELECTION. (KC 6-28)
6.05.240 ELECTION CONTESTS.
ANY DEFEATED CANDIDATE OR TEN (10) QUALIFIED VOTERS, BY ACTION BROUGHT IN
THE SUPERIOR COURT, MAY CONTEST THE ELECTION OF ANY PERSON OR THE
APPROVAL OR REJECTION OF ANY QUESTION UPON THE SAME GROUNDS AND IN THE
SAME MANNER, AS NEARLY AS MAY BE, AS IN ELECTION CONTESTS ARISING OUT OF
STATE ELECTIONS. THE CITY CLERK SHALL PROMPTLY ISSUE ANY NEW ELECTION
CERTIFICATE REQUIRED TO REFLECT THE JUDGMENT OF THE COURT. (KC 6-29)
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)
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6.05.270 OFFENSES AND PENALTIES.
(A) IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO DO ANY OF THE
FOLLOWING ACTS, AND ANY PERSON, FIRM, OR CORPORATION WHO DOES ANY OF
THE FOLLOWING ACTS SHALL BE GUILTY OF A VIOLATION:
(1) DIRECTLY OR INDIRECTLY USES OR THREATENS TO USE FORCE, COERCION,
VIOLENCE, RESTRAINT, INFLICTS, OR THREATENS TO INFLICT DAMAGE, HARM, OR
LOSS UPON OR AGAINST ANY PERSON TO INDUCE OR COMPEL THE PERSON TO
VOTE OR REFRAIN FROM VOTING FOR ANY CANDIDATE IN ANY ELECTION OR FOR
ANY ELECTION PROPOSITION OR QUESTION.
(2) GIVES OR PROMISES TO GIVE, OR OFFERS ANY MONEY OR VALUABLE THING
TO ANY PERSON, WITH THE INTENT TO INDUCE HIM OR HER TO VOTE FOR OR
RESTRAIN HIM OR HER FROM VOTING FOR ANY CANDIDATE AT ANY ELECTION OR
ANY ELECTION PROPOSITION OR QUESTION.
(3) KNOWINGLY PRINTS OR CIRCULATES, OR CAUSES TO BE WRITTEN, PRINTED,
OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, POSTER, OR OTHER
PUBLICATION RELATING TO ANY ELECTION OR TO ANY CANDIDATE AT ANY
ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION WITHOUT THE
SAME BEARING ON ITS FACE THE NAME AND ADDRESS OF THE AUTHOR,
PRINTER, AND PUBLISHER THEREOF.
(4) WRITES, PRINTS, OR CIRCULATES, OR WHO SHALL CAUSE TO BE WRITTEN,
PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, OR POSTER,
OR WHO CAUSES ANY PAID ADVERTISEMENT TO BE PLACED IN A NEWSPAPER OR
ANY OTHER PUBLICATION, OR WHO PAYS OR CONTRIBUTES TO THE PAYMENT
FOR ANY SUCH ADVERTISEMENT, OR WHO MAKES ANY RADIO BROADCAST,
WILLFULLY KNOWING THE LETTER, CIRCULAR, BILL, PLACARD, POSTER,
PUBLICATION, PAID ADVERTISEMENT, OR RADIO BROADCAST TO CONTAIN ANY
FALSE STATEMENT, CHARGE, OR COMMENT RELATING TO ANY CANDIDATE TO
ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION.
(5) HAS IN HIS OR HER POSSESSION OUTSIDE OF THE VOTING ROOM ANY
OFFICIAL BALLOT, PROVIDED THAT THIS SHALL NOT APPLY TO ELECTION
OFFICIALS OR OTHER PROPERLY AUTHORIZED PERSONS HAVING SUCH
POSSESSION IN LINE OF DUTY.
(6) MAKES OR KNOWINGLY HAS IN HIS OR HER POSSESSION ANY COUNTERFEIT
OF AN OFFICIAL BALLOT.
(7) REFUSES TO ALLOW AN EMPLOYEE REASONABLE TIME OFF FOR THE
PURPOSE OF VOTING WHEN THE EMPLOYEE DOES NOT HAVE A REASONABLE
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,
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KNOWING THAT IT CONTAINS ANY FALSE STATEMENT OR FALSE CHARGE
REFLECTING ON THE CHARACTER, MORALITY, OR INTEGRITY OF ANY CANDIDATE
AT ANY ELECTION.
(10) VOTES OR ATTEMPTS TO VOTE IN THE NAME OF ANOTHER PERSON OR IN
ANY NAME OTHER THAN HIS OR HER OWN.
(11) BY FORCE, THREAT, INTIMIDATION, OR OFFER OF REWARD, INDUCES OR
ATTEMPTS TO INDUCE ANY ELECTION OFFICIAL TO FAIL IN HIS OR HER DUTY.
(12) WILLFULLY CHANGES OR CAUSES TO BE CHANGED ANY OFFICIAL ELECTION
DOCU-MENTS, INCLUDING BALLOTS, TALLIES, AND RETURNS, OR ATTEMPTS TO
DO THE SAME.
(13) WILLFULLY DELAYS OR CAUSES TO BE DELAYED THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(14) WILLFULLY VOTES OR ATTEMPTS TO VOTE MORE THAN ONCE AT THE SAME
ELECTION.
(15) SIGNS ANY NAME OTHER THAN HIS OR HER OWN TO A PETITION
PROPOSING AN INITIATIVE, REFERENDUM, OR RECALL, OR KNOWINGLY SIGNS
HIS OR HER NAME MORE THAN ONCE FOR THE SAME PROPOSITION OR
QUESTION AT ONE (1) ELECTION, OR SIGNS THE PETITION KNOWING THAT HE OR
SHE IS NOT A QUALIFIED VOTER.
(16) HAVING BEEN CONTRACTED OR EMPLOYED BY THE CITY TO PRINT OR
REPRODUCE IN ANY MANNER ANY OFFICIAL BALLOT, WILLFULLY APPROPRIATES
TO HIM OR HERSELF, OR GIVES OR DELIVERS TO, OR KNOWINGLY PERMITS TO
BE TAKEN BY ANYONE OTHER THAN A PERSON AUTHORIZED BY THE CITY CLERK,
ANY OFFICIAL BALLOTS, OR KNOWINGLY PRINTS, REPRODUCES, OR CAUSES TO
BE PRINTED OR REPRODUCED ANY OFFICIAL BALLOTS IN ANY OTHER FORM OR
WITH ANY OTHER CONTENT THAN THAT PRESCRIBED BY THE CHARTER,
ORDINANCE, OR AS DIRECTED BY THE CITY CLERK.
(17) WILLFULLY MAKES A FALSE AFFIDAVIT OR SWEARS FALSELY UNDER ANY
OATH REQUIRED IN CONNECTION WITH ANY ELECTION OR REGISTRATION FOR
VOTING OR FALSELY AFFIRMS IN LIEU OF SO SWEARING.
(18) WILLFULLY FAILS TO PERFORM ANY ELECTION DUTY OR KNOWINGLY DOES
ANY UNAUTHORIZED ACT WITH THE INTENT TO AFFECT THE ELECTION OR ITS
RESULTS.
(19) WILLFULLY PERMITS, MAKES, OR ATTEMPTS TO MAKE ANY FALSE COUNT
OR REPORT OF THE ELECTION RETURNS.
(20) BEING AN ELECTION OFFICIAL, WILLFULLY CONCEALS, WITHHOLDS,
WRONGFULLY CHANGES, MUTILATES, OR DESTROYS THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(B) ANY PERSON, FIRM, OR CORPORATION WHO IS GUILTY OF A VIOLATION AS
DEFINED HEREINABOVE SHALL BE PUNISHED UPON CONVICTION THEREOF AS
PROVIDED FOR MISDEMEANORS IN KMC 13.05.010.
(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.
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(B) OTHER ELECTION RECORDS SHALL BE MAINTAINED FOR THE PERIOD SET FORTH
BELOW:
FINANCIAL
DISCLOSURE FORM
SIX YEARS
CANDIDATE AFFIDAVIT
OF EXPENSE AND
CONTRIBUTIONS
FIVE YEARS
ELECTION REGISTERS FOUR YEARS
NOMINATING
PETITIONS
THREE YEARS
DECLARATION OF
CANDIDACY
THREE YEARS
REJECTED BALLOTS ONE YEAR,
UNLESS
ELECTION
CONTESTED
CERTIFICATES OF
ELECTION RETURN
REPORTS
PERMANENTLY
(C) THE CITY CLERK SHALL INFORM THE CITY COUNCIL PRIOR TO DESTRUCTION OF
ANY RECORDS, SPECIFYING THE TYPE OF RECORD AND THE DATE OF THE ELECTION
TO WHICH IT RELATES.
(ORDS. 2488-2010, 2556-2011)
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
(A) THE CITY CLERK MAY CONDUCT A SPECIAL ELECTION BY MAIL.
(B) WHEN THE CLERK CONDUCTS A SPECIAL ELECTION BY MAIL, THE CLERK SHALL
SEND A BALLOT TO EACH PERSON WHOSE NAME APPEARS ON THE OFFICIAL VOTER
REGISTRATION LIST PREPARED UNDER AS 15.07.125 FOR THAT ELECTION. THE
CLERK SHALL SEND THE BALLOT TO THE ADDRESS STATED ON THE OFFICIAL
REGISTRATION LIST UNLESS THE VOTER HAS NOTIFIED THE CLERK IN WRITING OF A
DIFFERENT ADDRESS TO WHICH THE BALLOT SHOULD BE SENT. THE CLERK SHALL
SEND BALLOTS BY FIRST CLASS, NONFORWARD-ABLE MAIL ON OR BEFORE THE
TWENTY-SECOND (22ND) DAY BEFORE THE ELECTION.
(C) THE CLERK SHALL REVIEW BALLOTS VOTED UNDER THIS SECTION UNDER
PROCEDURES ESTABLISHED FOR THE REVIEW OF ABSENTEE BALLOTS.
(D) THERE SHALL BE A SMALL BLANK ENVELOPE AND A POSTAGE-PAID RETURN
ENVELOPE SUPPLIED TO EACH BY-MAIL VOTER. THE POSTAGE-PAID RETURN
ENVELOPE SHALL HAVE PRINTED ON IT AN AFFIDAVIT BY WHICH THE VOTER SHALL
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
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OF THE APPOINTED ABSENTEE VOTING OFFICIALS, THEIR HOURS AND LOCATIONS,
SHALL BE MAILED TO EACH VOTER WITH THE BALLOT.
(ORDS. 1800-98, 2488-2010)
6.05.310 CASTING BALLOTS.
(A) UPON RECEIPT OF A MAIL-IN BALLOT, THE VOTER SHALL CAST HIS OR HER
BALLOT IN THE MANNER SPECIFIED IN KMC 6.05.140 THROUGH 6.05.160. IF THE
BALLOT IS CAST IN THE CLERK’S OFFICE, THE CLERK SHALL RETAIN IT FOR DELIVERY
TO THE CANVASSING BOARD. IF THE BALLOT IS CAST IN ANOTHER LOCATION, THE
VOTER SHALL RETURN IT BY MAIL TO THE CLERK IMMEDIATELY FOR DELIVERY TO
THE CANVASSING BOARD.
(B) A VOTER WHO DOES NOT RECEIVE A MAIL-IN BALLOT MAY CAST HIS OR HER
BALLOT IN PERSON AS SPECIFIED IN KMC 6.05.145.
(C) A VOTER MAY RETURN THE MAIL-IN BALLOT TO THE CITY CLERK AS PROVIDED IN
KMC 6.05.160.
(ORD. 1800-98)
6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
(A) THE NOTICE OF ELECTION CALLING FOR THE ELECTION MUST STATE THAT THE
ELECTION IS TO BE CONDUCTED BY MAIL AND THAT THERE WILL BE NO POLLING
PLACE OPEN FOR REGULAR IN-PERSON VOTING ON ELECTION DAY. IN A BY-MAIL
ELECTION, ELECTION DAY IS THE DEADLINE BY WHICH A VOTER’S BALLOT MUST BE
RECEIVED BY THE CLERK.
(B) FOR EACH ELECTION CONDUCTED BY MAIL, THE PUBLIC NOTICE WILL BE GIVEN
AS SET FORTH IN KMC 6.05.100.
(ORD. 1800-98)
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
(A) THE CITY CLERK, OR DESIGNEE, SHALL ACT AS ABSENTEE VOTING OFFICIAL.
(B) THE DUTIES OF THE ABSENTEE VOTING OFFICIAL SHALL BE AS FOLLOWS:
(1) PROVIDE ABSENTEE VOTING IN PERSON ON ANY DATE, INCLUDING THE DAY
OF THE ELECTION, AND ABSENTEE VOTING THROUGH A PERSONAL
REPRESENTATIVE ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND
HAVE UNTIL THE DAY OF THE ELECTION TO RETURN THE BALLOTS;
(2) SIGN A VOTER’S BY-MAIL OATH AND AFFIDAVIT ENVELOPE AS AN
AUTHORIZED ATTESTING OFFICIAL, EXCEPT THAT THE ABSENTEE VOTING
OFFICIAL MAY NOT ATTEST HIS OR HER OWN BALLOT;
(3) ACCEPT RECEIPT OF A BY-MAIL VOTER’S HAND-DELIVERED VOTED BALLOT,
WHICH HAS BEEN SWORN TO, ATTESTED AND SEALED IN THE BY-MAIL RETURN
ENVELOPE;
(4) PROVIDE GENERAL VOTER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE TO A QUALIFIED VOTER WHO CANNOT READ, MARK THE BALLOT, OR
SIGN HIS OR HER NAME, AND PROVIDING REPLACEMENT BALLOTS TO VOTERS
WHO HAVE IMPROPERLY MARKED OR DAMAGED THEIR BALLOTS;
(5) DATE-STAMP ALL BALLOTS RECEIVED;
(6) PROVIDE FOR THE SECURITY AND SAFEKEEPING OF ALL BALLOTS RECEIVED
AND PRESENT THOSE BALLOTS TO THE CLERK FOR CANVASSING.
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(ORD. 1800-98)
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 ME MBER 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:
“Bonded Indebtedness” is the amount of debt the City owes for capital improvements secured by
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a bond, which has been approved by voters at an election, pursuant to City Charter, Section 6-1.
"Clerk" and “City Clerk” mean the Clerk of the City, any properly authorized assistant or designee.
"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special City election.
"Election official" means the 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.
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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.
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.
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(a) The City shall pay all necessary expenses relating to the conduct of each City election.
Necessary expenses shall include those associated with conducting the election. The
Clerk shall retain a record for auditing and payment of election expenses.
(b) The City shall pay each election official and canvass board member an hourly rate for time
spent at his or her election duties, including the receiving of instructions. The election
supervisor shall set the hourly compensation to be paid for time spent by election officials.
6.05.070 – 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
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in public prison, while engaged in the navigation of waters of this state or the United States
or of the high seas, while residing upon an Indian or military reservation, or while residing
in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(b) The residence of a person is that place in which the person's habitation is fixed, and to
which, whenever absent, the person has the intention to return. If a person resides in one
place, but does business in another, the former is the person's place of residence.
Temporary work sites do not constitute a dwelling place.
(c) A change of residence is made only by the act of removal joined with the intent to remain
in another place. There can only be one place of residence.
(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 be at least twenty-one (21) years of age and 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
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financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular
City workday, then candidates shall have until noon on the first workday following to file
their candidacy paperwork.
(b) A nominating petition shall include:
1. The full name of the candidate the petitioners are sponsoring; and
2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate; 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) 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
(d) 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.
(e) Within three (3) days after the filing of the declaration of candidacy and nominating
petition, the Clerk shall determine whether the nominating petition is signed by the
required number of registered voters, and so notify the candidate. If insufficient, the Clerk
shall return the petition immediately to the candidate with a statement as to why the
petition is insufficient. Within the regular time for filing petitions and declarations of
candidacy, a new petition and declaration of candidacy may be filed by the candidate. The
above notice to the candidate and the return of an insufficient petition may be in person
or by mail.
(f) 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
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qualified. A candidate who is disqualified may request a hearing before the Clerk. The hearing
shall be held no later than 5 business days after the request unless the candidate agrees in
writing to a later date.
(c) Any person may question the eligibility of a candidate who has filed a declaration of
candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of a
candidate must be received by the Clerk not later than the close of business on the 10th
calendar day after the filing deadline for the office for which the candidate seeks election.
(d) The complaint must be in writing and include the name, mailing address, contact phone
number, and signature of the person making the complaint, and a statement in 200 words or
less specifying the grounds for the complaint, described in particular, on which the
candidate’s eligibility is being questioned.
(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.
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6.15.040 – Campaign Reporting.
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.
(f) 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.
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(f) The ballots shall be consecutively numbered.
6.20.040 – Ballot Preparation and Distribution.
(a) The Clerk shall have ballots printed for each election. The Clerk may contract for the
preparation and printing of ballots without competitive bidding.
(b) The Clerk shall possess the printed ballots at least 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.
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(a) During the hours that the polls are open, no election official may discuss any political party,
candidate or issue while on duty.
(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.
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4. Request the election board to print an additional copy of the results tape for the poll
watcher.
(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.
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6.25.080 - Questioned Voting.
(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.
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When the voter has marked the ballot, the voter shall inform the election official. The Clerk may
require that the voter return the ballot to the election official temporarily so that any stub which
may be part of the ballot may be removed by the election official. Any such requirement shall
protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the
voter in the presence of the election official unless the voter requests the election official to deposit
the ballot.
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 who is eighteen (18) years of age or older.
(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 eighteen (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 15th day of September,
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: September 8, 2021
SUBJECT: Amendments Made in Substitute Ordinance No. 3224-2021
At Council’s work session of September 1, 2021 an overview of Ordinance No. 3224-2021,
repealing and replacing the City’s election code was provided. During that work session, a
number of amendments were discussed. The amendments below have been included in the
substitute ordinance to assist in the amendment process. As a reminder, after a motion has
been made and seconded to amend the ordinance by substitute ordinance, any Council Member
may request to divide the question and identify which of the amendments they wanted to be
taken separately from the rest. This will force a separate vote on the identified amendment.
1. Council Member Glendening suggested adding a definition of “bonded indebtedness.”
To accomplish this we have added the following definition to Section 6.05.010 –
Definitions on page 19 of the substitute ordinance, “Bonded Indebtedness” is the amount
of debt the City owes for capital improvements secured by a bond, which has been
approved by voters at an election, pursuant to City Charter, Section 6-1.”
2. Mayor Gabriel suggested that the age requirement of, “at least twenty-one (21) years
old,” which was provided for in Charter, also be included in Section 6.15.010 – Candidate
Qualifications. To accomplish this 6.15.010 (a), on page 23 of the substitute ordinance,
has been amended to state, “Shall be at least twenty-one (21) years of age and have the
qualifications required in City Charter, Section 2-1(b), as of the date of the declaration of
candidacy,”
3. Council Member Glendening suggested allowing a voter to sign all nominating petitions
that a voter wants to sign in Section 6.15.020 – Nominating and Declaration of Candidacy.
To accomplish this we’ve deleted subsection (c), on page 24 of the ordinance, which
stated, “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,” and renumbered the remaining
subsections.
Page 104
Page 2 of 2
4. The City Clerk corrected a scrivener’s error in Section 6.20.020 – Election Officials, on
page 27 of the substitute ordinance; there were two subsection (e)’s and the second one
was renumbered to (f).
5. The City Clerk suggested renumbering 6.25.030(d)(3)(a), on page 30 of the substitute
ordinance to 6.25.030(d)(4).
Two additional amendments were discussed at the work session and the City Clerk agreed to
reach out to the Borough Clerk for input. The suggested amendments are not addressed in the
substitute ordinance. The suggested amendments, input from the Borough Clerk, and staff
recommendation are as follows:
1. Council Member Winger noted she would like to see the removal of the statement that an
election official may waive the identification requirement if the election official knows the
identity of the voter. This provision is in our current code, Borough Code, State Law, and
can be found on page 30 of the substitute ordinance in section 6.25.060(b). When asked,
the Borough Clerk agreed that removal of the provision is problematic and staff does not
recommend this because it does not offer consistency across all elections. Voters will not
know what to expect from election to election. State voters voting in Primary and General
elections will not be required to show ID if they are personally known, Borough voters
voting in Borough elections will not be required to show ID if they are personally known;
however, if a City voter wants their city ballot, they will have to show ID which will be
confusing to voters. The city, state, and borough need for procedures to match as much
as possible to prevent voter confusion. Addressing this at the state level, with state
legislators is the recommended path forward and, if the state law changes, it is a simple
amendment to the City Code to make the change at the city level.
2. Council Member Winger noted she would like to see an addition to the ordinance of
limitations on the City’s ability to designate a change in a polling place location. When
asked, the Borough Clerk agreed that providing this provision in City Code is problematic
and staff does not recommend this because, again, the city, state, and borough all need
to be consistent in their polling places. If one agency needs to change a polling place for
any particular reason (i.e. facility management chooses not to rent the facility in a particular
election, an emergency situation, or a natural disaster situation) the city, borough, and
state election supervisors need to be able to collaborate to find and select a new location
that all three agencies can use for the foreseeable future so a polling place isn’t changing
from year to year or election to election causing voter confusion. There are no provisions
for polling place changes in borough code and, if an emergency arises, and the borough
changes locations, but the particular emergency isn’t addressed in city code, the city is
going to be stuck in a situation that is not ideal.
Your consideration is appreciated.
Page 105
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3238-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING AN INTERLIBRARY COOPERATION GRANT FROM THE ALASKA STATE
LIBRARY FOR THE KENAI COMMUNITY LIBRARY STORYWALK® PROJECT.
WHEREAS, the Kenai Community Library has been awarded State funds in the amount of $5,476
from the Alaska State Library for the purchase and installation of a StoryWalk®; and,
WHEREAS, a StoryWalk® is a series of outdoor signs featuring pages from a children’s book;
and,
WHEREAS, the StoryWalk® provides a great opportunity for parents and caregivers to be their
children’s first teacher while reading and playing outdoors; and,
WHEREAS, Library staff will use the StoryWalk® to engage patrons outside the library and
provide early literacy programs and activities; and,
WHEREAS, it is in the best interest of the City of Kenai to appropriate these funds for the purpose
intended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $5,476 from
the Alaska State Library, execute any necessary grant agreements, and to expend the grant in
accordance with grant provisions and this Ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
State Grants - Library $5,476
Increase Appropriations –
Library -- Books $ 120
Library – Operating, Repair & Maintenance Supplies 4,726
Library – Postage 400
Library –Rentals 230
$5,476
Page 106
Ordinance No. 3238-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: September 15, 2021
Page 107
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: August 24, 2021
SUBJECT: Ordinance 3238-2021
The Alaska State Library has awarded the Kenai Community Library State funds in the amount of
$5,476 for the purchase and installation of a StoryWalk®. A StoryWalk® consists of a series of
signs along an outdoor path and features the pages from a rotating collection of children’s books.
Children and adults alike will be able to enjoy a story and the outdoors at the same time. Library
staff will utilize the StoryWalk® to offer early literacy programs and other outdoor programming
activities.
Your consideration is appreciated.
Page 108
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3239-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE
DEPARTMENT AND ACCEPTING A GRANT FROM THE DEPARTMENT OF JUSTICE PASSED
THROUGH THE ALASKA INTERNET CRIMES AGAINST CHILDREN TASK FORCE FOR THE
PURCHASE OF FORENSIC SOFTWARE.
WHEREAS, the Kenai Police Department is an active member in good standing with Alaska
Internet Crimes Against Children (ICAC) Task Force; and,
WHEREAS, Investigators at the Kenai Police Department operate a Cellebrite system for
performing forensic device data extraction and examination, which requires regular software
updates; and,
WHEREAS, the Alaska ICAC has approved reimbursing the Kenai Police Department for the
current costs of those software updates ($4,257).
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
$4,257 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 estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Federal Grants - Police $4,257
Increase Appropriations –
Police – Software $4,257
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Page 109
Ordinance No. 3239-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: September 15, 2021
Page 110
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross – Police Chief
DATE: August 23, 2021
SUBJECT: Ordinance No. 3239-2021 ICAC funds for Cellebrite Software
The Kenai Police Department is a member agency of the Alaska Internet Crimes Against Children
(ICAC) Task Force. That Task Force receives funding from the Department of Justice to assist
in its mission. As a member of the ICAC, the Kenai Police Department has been allocated some
of those grant funds.
The Department operates a Cellebrite device for forensic data extraction of devices, such as
smart phones. That device requires software updates and the ICAC has approved reimbursement
for software updates to that device for $4,257.00.
I am respectfully requesting consideration of the ordinance accepting and appropriating these
grant funds for the purpose they were intended.
Page 111
______________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3240-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI
MUNICIPAL CODE SECTION 23.55.030 – QUALIFICATION PAY, TO AMEND THE SALARY
RANGES TO ACCURATELY REFLECT RECOGNITION PAY AND ENTITLEMENTS.
WHEREAS, the City Council recently passed Ordinance 3210-2021 amending the Kenai
Municipal Code to remove the Salary Schedule table to allow concurrent adoption of the Salary
Schedule, Classification Plan, and the budget for the following fiscal year; and,
WHEREAS, upon further review, KMC 23.55.030 – Qualification Pay, references a previous
version of the Salary Schedule, which was updated upon enactment by City Council of the
ordinance adopting the FY2022 annual budget; and,
WHEREAS, an amendment to KMC 23.55.030 is necessary to accurately reflect recognition pay
and entitlement pay; and,
WHEREAS, this amendment to the pay ranges does not affect employee pay or require an
increase to the adopted annual budget for the FY2022 budget; and,
WHEREAS, amending the Kenai Municipal Code Section 23.55.030 – Qualification pay, to amend
the specific salary ranges to accurately reflect recognition pay and entitlements is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 23.55.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.030 (b)(1)(ii) Recognition Pay for Qualified Senior Officers, is
hereby amended as follows:
Senior officer pay is for police officers who have completed step [16]21E subject to an
overall evaluation rating of “Meets Expectations” or better, as follows:
Advance one (1) pay grade from [16]21E to [17]22E.
Section 2. Amendment of Section 23.55.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.55.030 (b) (2)– Fire Department, is hereby amended as follows:
(iii) Recognition entitlements for driver/operator qualified personnel for eligible grades of
fire fighter are as follows:
Page 112
Substitute Ordinance No. 3240-2021
Page 2 of 2
______________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Driver/Operator Qualified One (1) pay range increase (pay range [13]18 to pay range
[14]19)
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
July 1, 2021.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: October 15, 2021
Page 113
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Stormy Brown, Human Resources
DATE: August 5, 2021
SUBJECT: Ordinance 3240-2021 – Amending KMC 23.55.030 to Amend Specific
Salary Range and Grade References to Accurately Reflect Recognition
Pay and Entitlements
With the FY22 budget approval, the City’s Salary Schedule was updated to standardize the grade
assignments for each graded position within the City.
Recently, upon reviewing language in Chapter 23, it was discovered that previous grades were
referenced by number in part of the language in KMC 23.55.030, Qualification Pay, and needed
to be corrected to accurately reflect the recent changes.
To correct this, we are recommending a replacement of the grade numbers within the affected
code section, changing them to correctly match the City’s FY22 Salary Schedule. Making these
corrections will have no effect on employee pay.
Your support of this update is respectfully requested.
Page 114
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3241-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT T
5N R 11W SEC 6 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE OF KENAI LOT 3
BLK 8, ALSO KNOWN AS 604 INLET STREET, KENAI, ALASKA, WHOSE LAST RECORD
OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS PETER F. MYSING, WHOSE
ADDRESS IS, PO BOX 8134, NIKISKI, ALASKA, 99635-8134 AND ESTATE OF PETER F.
MYSING CO/ DALE DOLIFKA, PO BOX 498, SOLDOTNA, AK, 99669-0498, SHALL BE
RETAINED BY THE CITY OF KENAI FOR A PUBLIC PURPOSE.
WHEREAS, the City has identified a parcel of property foreclosed upon by the Kenai Peninsula
Borough for unpaid real property taxes that will serve a public purpose for the City; and,
WHEREAS, the parcel is T 5N R 11W SEC 6 SEWARD MERIDIAN KN 0002970 ORIGINAL
TOWNSITE OF KENAI LOT 3 BLK 8, also known as 604 Inlet Street, Kenai, Alaska; and,
WHEREAS, the City of Kenai desires to retain the above-referenced tax-foreclosed property for
public purposes, including bluff stabilization control measures and dunes stabilization; and,
WHEREAS, AS 29.45.460 requires that the City determine by ordinance whether a tax-foreclosed
property shall be retained for a public purpose and shall provide the former record owner, by
certified mail, notice of the public hearing on that ordinance; and,
WHEREAS, the last record owner of the property as the name appears on the Kenai Peninsula
Borough's assessment roll is, Peter F. Mysing, whose address is, PO Box 8134, Nikiski, Alaska,
99635-8134 and Estate of Peter F. Mysing co/ Dale Dolifka, PO Box 498, Soldotna, AK, 99669-
0498; and,
WHEREAS, on the Clerk sent a copy of the publicized notice of the hearing on
this ordinance to the last record owner of the property as the name appears on the Borough
assessment rolls by certified mail; and,
WHEREAS, after passage of an ordinance declaring the City's retention of tax foreclosed property
for a public purpose, the right of the former record owner to repurchase the property ceases.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Form: This is a non-code ordinance.
Section 2. T 5N R 11W SEC 6 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE
OF KENAI LOT 3 BLK 8, also known as 604 Inlet Street, Kenai, Alaska, whose last record owner
under Borough assessment records was Peter F. Mysing, whose address is, PO Box 8134,
Page 115
Ordinance No. 3241-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Nikiski, Alaska, 99635-8134 and Estate of Peter F. Mysing co/ Dale Dolifka, PO Box 498,
Soldotna, AK, 99669-0498; and, is hereby retained by the City of Kenai for a public purpose.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: October 15, 2021
Page 116
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: August 23, 2021
SUBJECT: Ordinance 3241-2021 – Declaring that 604 Inlet Street, also known as
KPB# 04707403, shall be retained by the City of Kenai for a public
purpose
The purpose of this correspondence is to request that the City Council adopt the above referenced
ordinance authorizing the City Manager to purchase property for a public purpose. The Kenai
Peninsula Borough Land Management has prepared a preliminary list of foreclosed parcels to be
disposed of in the Borough’s 2021 Tax Foreclosure Auction. The City of Kenai has reviewed the
list and submitted an application for requesting conveyance of 604 Inlet Street (KPB# 04707403).
Pursuant to AS 29.45.450 Deed to Borough or City; a city may request conveyance of tax
foreclosed property when the city has an immediate need for that property. Property may be
deeded to the city subject to taxes owed through judgment date, interest, and any out of pocket
cost incurred by the KPB through the date of the actual payment. The current back taxes owed
on this parcel is $369.30. The City of Kenai has identif ied the subject parcel for the public purpose
of bluff stabilization control measures and dunes stabilization.
Thank you for your consideration.
Page 117
144 N. Binkley Street, Soldotna, Alaska 99669 (907) 714-2205 (907) 714-2378 Fax
Office of the Borough Clerk
A Division of the Planning Department
Charlie Pierce
Borough Mayor
APPLICATION TO REQUEST CONVEYANCE OF REAL PROPERTY FORECLOSED
FOR DELINQUENT PROPERTY TAX FOR A PUBLIC PURPOSE
PURSUANT TO A.S. 29.45.450
Name of city requesting conveyance: _________________________________________
Attention to:______________________________________________________________
Mailing Address: _________________________City_________State___Zip__________
KPB Assessor Parcel ID No.: _______________________________________________
Is parcel within city limits? ___Yes ___ No
(Optional)
Proposed public purpose: ___________________________________________________
(Optional)
Explanation of public purpose that parcel is being requested for should include :
- Reference to city code or other authority that supports the public purpose conveyance.
- Specific and immediate use of parcel.
- Attach additional pages or exhibits as needed.
____________________________________________________________________________
____________________________________________________________________________
__________________________________________________________________________
Proposed method of payment: ________________________________________________
Authorized City Official
________________________________ ________________________________
Printed Name, Title Signature/Date
Invoice (Completed by KPB Finance Dept.)
Parcel ID NO.____________________
Amount: ________________________
Recording Fee: ___________________
TOTAL DUE: ___________________
DUE DATE: __________, 2021
Land Management
City of Kenai
Paul Ostrander
210 Fidalgo Avenue Kenai AK
047-074-03
X
Bluff stabilization control measures/ dunes stabilization
AS29.45.460, KMC 22.05.135
Bluff stabilization control measures/ dunes stabilization
Check
Paul Ostrander, City Manager 8/13/21
Page 118
ORDINANCE 3241-2021T 5N R 11W SEC 6 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE OF KENAI LOT 3 BLK 8604 Inlet Street, KPB #04707403
ALASKA AVE
WESTWARD STGARDEN AVE
I
NLET STP E T E R S E N W A Y
OVERLAND AVEMIS
SIO
N AV
EMISSION ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 6030 Feet
LEGEND
Su bject Parcel
Date: 8/24/2021
Page 119
City of Kenai I 210 l=idalgo Ave, Kenai , AK 99611-77941907.283.7535 I www.kenai.city
September 9, 2021
Peter F. Mysing
P.O. Box 8134
Nikiski, AK 99635-8134
Certified Mail: 7020 0640 0002 2738 2120
RE: Declaring that T SN R 11W SEC 6 Seward Meridian KN 0002970 Original Townsite of
Kenai Lot 3 Blk 8, also Known as 604 Inlet Street, Kenai, Alaska, Whose Last Record
Owner under Borough Assessment Records Was Peter F. Mysing, whose address
is, PO Box 8134, Nikiski, Alaska, 99635-8134 and estate of Peter F. Mysing C/O Dale
Dolifka, P.O. Box 498, Soldotna, AK, 99669-0498, shall be retained by the City of
Kenai for a public purpose.
Dear Mr. Mysing:
The Kenai City Council will be conducting a public hearing to determine whether foreclosed
property deeded to the City shall be retained for a public purpose. The hearing will be held on
Wednesday, September 15, 2021 at 6:00 p.m . in the Kenai City Council Chambers, 210
Fidalgo Avenue, Kenai, Alaska.
Because you are the last record owner of property located at 604 Inlet Street, Kenai, AK on the
Kenai Peninsula Borough's assessment rolls, you are hereby notified of the hearing date, time,
and place, pursuant to AS 29.45.460.
Sincerely, ,.... n { ,
(\tlM_ 'iJlL I~
Heinz, MMC
erk
Enclosures : Ordinance No. 3241-2021
Published Notice of Hearing
Page 120
~ PUBLIC NOTICE
KI;NAI
Notice is hereby given; that on Wednesday , September 15, 2021 the
Kenai City Council will conduct a public hearing to determine whether
foreclosed property T SN R 11 W Sec 6 Seward Meridian KN 0002970
Original Townsite of Kenai Lot 3 Blk 8 , also known as 604 Inlet Street,
Kenai, Alaska, shall be retained by the City of Kenai for a public use. The
meeting will begin at 6:00 p.m and held in Council Chambers at City Hall ,
210 Fidalgo Avenue , Kenai, Alaska. Due to COVID-19 virtual and telephonic
options are available.
The agenda and any supporting documents can be located on the City's
website, www.kena i.ci ty . If you have any questions related to this meeting ,
please contact the Kenai City Clerk's Office at 283-8231.
Jamie Heinz, MMC, City Clerk
Publish : 09/09/2 1 D/211
CERTIFICATE OF PUBLICATION & POSTING
I, Jamie Heinz, Clerk of the City of Kenai, do hereby certify
that on the 7th day of September, 2021, I electronically
mailed or caused to be mailed the foregoing Notice of
Candidate Forum to the Peninsula Clarion, and requested
that this Notice be published in the September 9, 2021
edition of their newspaper. This notice was also posted at
Kenai City Hall and o the internet at www.kenai.city.
Page 121
City of Kena i I 21 0 f=idal go A ve, K ena i, A K 9 9 6 11-77941907.2 8 3.75 3 5 I www.kenai .c ily
September 9, 2021
Estate of Peter F. Mysing
C/O Dale Dolifka
P .O. Box 498
Soldotna, AK 99669-0498
Certified Mail: 7020 0640 0002 2738 2144
RE : Declaring that T SN R 11W SEC 6 Seward Meridian KN 0002970 Original Townsite of
Kenai Lot 3 Blk 8, also Known as 604 Inlet Street, Kenai , Alaska, Whose Last Record
Owner under Borough Assessment Records Was Peter F. Mysing, whose address
is, PO Box 8134, Nikiski, Alaska, 99635-8134 and estate of Peter F. Mysing C/O Dale
Dolifka, P .O. Box 498, Soldotna, AK, 99669-0498, shall be retained by the City of
Kenai for a public purpose.
Dear Mr. Dolifka :
The Kenai C ity Council will be conducting a public hearing to determine whether foreclosed
property deeded to the City shall be retained for a public purpose . The hearing will be held on
Wednesday, September 15, 2021 at 6:00 p.m . in the Kenai City Council Chambers, 210
Fidalgo Avenue, Kenai, Alaska .
Because you are the last record owner of property located at 604 Inlet Street, Kenai, AK on the
Kenai Peninsula Borough 's assessment rolls , you are here by notified of th e hearing date, time,
and place , pursuant to AS 29.45.460.
Sincerely, _ ~fyj
~MMC
Ci ty Clerk
En closures: Ordinance No . 3241 -2021
Published Notice of Hearing
Page 122
~ PUBLIC NOTICE
Ki;NAI
Notice is hereby given; that on Wednesday, September 15, 2021 the
Kenai City Council will conduct a public hearing to determine whether
foreclosed property T SN R 11 W Sec 6 Seward Meridian KN 0002970
Original Townsite of Kenai Lot 3 Blk 8, also known as 604 Inlet Street,
Kenai, Alaska, shall be retained by the City of Kenai for a public use. The
meeting will begin at 6:00 p.m and held in Council Chambers at City Hall ,
210 Fidalgo Avenue, Kenai, Alaska. Due to COVID-19 vi rtual and telephonic
options are available.
The agenda and any supporting documents can be located on the City's
website, www.kenai.citv . If you ha ve an y questions related to this meeting ,
please contact the Kenai City Clerk's Office at 283 -8231.
Jamie Heinz, MMC, City Clerk
Publish: 09/09/21 D/211
CERTIFICATE OF PUBLICATION & POSTING
I, Jamie Heinz, Clerk of the City of Kenai, do hereby certify
that on the 7th day of September, 2021, I electronically
mailed or caused to be mailed the foregoing Notice of
Candidate Forum to the Peninsula Clarion, and requested
that this Notice be published in the September 9, 2021
edition of their newspaper. This notice was also posted at
Kenai City Hall and o the internet at www.kenai.city.
Page 123
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3242-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT T
5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE OF KENAI LOT 3
BLK 20, ALSO KNOWN AS 905 MISSION AVENUE, KENAI, ALASKA, WHOSE LAST RECORD
OWNER UNDER BOROUGH ASSESSMENT RECORDS WAS KEITH K. KNIGHT, GENERAL
DELIVERY, KENAI, ALASKA, SHALL BE RETAINED BY THE CITY OF KENAI FOR A PUBLIC
PURPOSE.
WHEREAS, the City has identified a parcel of property foreclosed upon by the Kenai Peninsula
Borough for unpaid real property taxes that will serve a public purpose for the City; and,
WHEREAS, the parcel is T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL
TOWNSITE OF KENAI LOT 3 BLK 20, also known as 905 Mission Avenue, Kenai, Alaska; and,
WHEREAS, the City of Kenai desires to retain the above-referenced tax-foreclosed property for
public purposes, including bluff stabilization control measures; and,
WHEREAS, AS 29.45.460 requires that the City determine by ordinance whether a tax foreclosed
property shall be retained for a public purpose and shall provide the former record owner, by
certified mail, notice of the public hearing on that ordinance; and,
WHEREAS, the last record owner of the property as the name appears on the Kenai Peninsula
Borough's assessment roll is Keith K. Knight, whose address is, General Delivery, Kenai, Alaska
99611; and,
WHEREAS, on the Clerk sent a copy of the publicized notice of the hearing on
this ordinance to the last record owner of the property as the name appears on the Borough
assessment rolls by certified mail; and,
WHEREAS, after passage of an ordinance declaring the City's retention of tax foreclosed property
for a public purpose, the right of the former record owner to repurchase the property ceases.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Form: This is a non-code ordinance.
Section 2. T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE
OF KENAI LOT 3 BLK 20, also known as 905 Mission Avenue, Kenai, Alaska, whose last record
owner under Borough assessment records was Keith K. Knight, whose address is, General
Delivery, Kenai, Alaska 99611; and, is hereby retained by the City of Kenai for a public purpose.
Page 124
Ordinance No. 3242-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: October 15, 2021
Page 125
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: August 23, 2021
SUBJECT: Ordinance 3242-2021 – Declaring that 905 Mission Avenue, also known
as KPB# 04709303, shall be retained by the City of Kenai for a public
purpose
The purpose of this correspondence is to request that the City Council adopt the above referenced
ordinance authorizing the City Manager to purchase property for a public purpose. The Kenai
Peninsula Borough Land Management has prepared a preliminary list of foreclosed parcels to be
disposed of in the Borough’s 2021 Tax Foreclosure Auction. The City of Kenai has reviewed the
list and submitted an application for requesting conveyance of 905 Mission Avenue (KPB#
04709303). Pursuant to AS 29.45.450 Deed to Borough or City; a city may request conveyance
of tax foreclosed property when the city has an immediate need for that property. Property may
be deeded to the city subject to taxes owed through judgment date, interest, and any out of pocket
cost incurred by the KPB through the date of the actual payment. The current back taxes owed
on this parcel is $1,294.24. The City of Kenai has identified the subject parcel for the public
purpose of bluff stabilization control measures.
Thank you for your consideration.
Page 126
\ l'fNfty
~~tr ~, Land Management
« o u 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2205 • (907) 714-2378 Fax
A Division of the Planning Department
Charlie Pierce
Borough Mayor
APPLICATION TO REQUEST CONVEYANCE OF REAL PROPERTY FORECLOSED
FOR DELINQUENT PROPERTY TAX FOR A PUBLIC PURPOSE
PURSUANT TO A.S. 29.45.450
Name of city requesting conveyance: c,~ 0 +. f(.~ ti\. ~
Attention to: U1'1Z-4C:.11Nt;. WN Nl N ~H1XM
Mailing Address: 2\0 f\O~l,&D AYf:.. City \::EN kl State~l'-Zip q4 hl l
KPB Assessor Parcel ID No.: -----'0=-4_,__,,_?-'0'-~~?'"-0_; _________ _
Is parcel within city limits? j_ Yes _No
(Optional)
Proposed public purpose: B\..-Vff 4ThBll-'\'LA \LON (ON!KOk Mf;A',\Jf..t;:~
(Optional)
Explanation of public purpose that parcel is being requested for should include:
-Reference to city code or other authority that supports the public purpose conveyance.
-Specific and immediate use of parcel.
-Attach additional pages or exhibits as needed.
/\S i ~t!l-..s...:l~, KMr, 1-1.o t;.1;,s
BtA/f'f ~Th~ tA L M1oN w Nr'f-O k M~\Jt-e0
Proposed met bod of payment: ___,l1ftl,"--'-'"..x:=. ..... \S ______________ _
Authorized City Official ~ //: J ~
PPN\.. O~Tl-P<NOt.~, Ct\\1 Mb<N~(q ~--{_ a~_---"""-{b.-".L>~.c;.... ___ _
Printed Name, Title Signature/Date
Jn voice (Completed by KPB Finance Dept.)
Parcel ID NO. --------Amount:
--------~ Recording Fee: ______ _
TOTAL DUE: -------
DUEDATE: ---~1011
Page 127
ORDINANCE 3242-2021T 5N R 11W SEC 5 SEWARD MERIDIAN KN 0002970 ORIGINAL TOWNSITE OF KENAI LOT 3 BLK 20905 Mission Avenue, KPB #04709303
MISSION AVE
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
0 4020 Feet
LEGEND
Su bject Parcel
Date: 8/24/2021
Page 128
City of Kena i I 210 ~id a lgo Av e , Kenai, AK 9 9611 -77941907.28 3 .7535 I www.ken a i.city
September 9, 2021
Keith K. Knight
General Delivery
Kenai, AK 99611
Certified Mail : 7020 0640 0002 2738 2 137
RE: Declaring that T SN R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of
Kenai Lot 3 B lk 20, also Known as 905 Mission Avenue, Kenai, Alaska, Whose Last
Record Owner under Borough Assessment Records was Keith K. Knight, General
Delivery, Kenai, Alaska, Shall be Retained by the C ity of Kenai for a Public
Purpose.
Dear Mr. Knight:
The Kenai City Council will be conducting a public hearing to determine w hether foreclosed
property deeded to the City shall be retained for a public purpose. The hearing wi ll be held on
Wednesday, September 15, 2021 at 6:00 p.m. in the Kenai C ity Council Chambers, 210
Fidalgo Avenue, Kenai, Alaska.
Because y ou are the last record owner of property located at 905 Mission Avenue , Kenai , AK on
the Kenai Peninsula Borough 's assessment rolls , you are hereby notifi ed of the hearing date,
time , and place, pursuant to AS 29.45.460.
Sincerely~ A0~
~.MMC
City Clerk
Enclosures : Ordinance No . 3242-2021
Published Notice of Hearing
Page 129
~ PUBLIC NOTICE
K(;NAI
Notice is hereby given; that on Wednesday, September 15 , 2021 the
Kenai City Counci l will conduct a public hearing to determine whether
foreclosed property T 5N R 11W Sec 5 Seward Meridian KN 0002970
Original Townsite of Kenai Lot 3 Blk 20, also known as 905 Mission Avenue ,
Kenai , Alaska , deeded to the City shall be retained by the City of Kenai for a
public use . The meeting will begin at 6 :00 p.m and held in Council
Chambers at City Hall, 210 Fidalgo Avenue , Kenai , Alaska . Due to COVID-
19 virtual and telephonic options are available .
The agenda and any supporting documents can be located on the City's
website, www.kena i.city . If you have any questions re lated to this meeting ,
please contact the Kenai City Clerk's Office at 283-8231 .
Jamie Heinz, MMC , City Clerk
Publish : 09/09/21 0 /211
CERTIFICATE OF PUBLICATION & POSTING
I, Jamie Heinz, Clerk of the City of Kenai, do hereby certify
that on the 7th day of September, 2021, I electronically
mailed or caused to be mailed the foregoing Notice of
Candidate Forum to the Peninsula Clarion, and requested
that this Notice be published in the September 9, 2021
edition of their newspaper. This notice was also posted at
Kenai City Hall and on the internet at www.kenai.city.
Page 130
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Molloy
CITY OF KENAI
ORDINANCE NO. 3243-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.150-CONDITIONAL USE PERMITS, TO CLARIFY ROLES AND
RESPONSIBILITIES OF APPLICANTS, THE PLANNING DIRECTOR, AND THE PLANNING
COMMISSION IN THE CONDITIONAL USE PROCESS AND MAKE HOUSEKEEPING
CHANGES.
WHEREAS, Kenai Municipal Code 14.20.150 describes the process for application and review of
conditional use permits; and,
WHEREAS, the conditional use permit process is intended to recognize that some uses that are
not permitted by the Land Use Table in certain zones may be conditionally allowed if certain
conditions are met; and,
WHEREAS, the amendments below clarify that the grant or denial of a conditional use permit is
a discretionary act by the Commission and the applicant has the burden of proof to show that a
conditional use permit should be granted; and,
WHEREAS, the amendments also require a pre-application meeting with the Planning Director or
designee prior to submittal of an application for public hearing to assist the applicant in preparing
for the public hearing and providing the Commission with relevant information to make a decision;
and,
WHEREAS, the amendments require the applicant to be present or available during the public
hearing to present information to the Commission about the application; and,
WHEREAS, the amendments require the Commission to make findings specific to the six criteria
that must be met to approve a conditional use permit and provide that the Commission may
consider all relevant information in making its decision; and,
WHEREAS, the amendments describe the role of the Planning Director or designee in providing
a staff report during public hearings and that the recommendations of the Planner may be
considered but are not accorded deference by the Commission; and,
WHEREAS, on__________ the Planning and Zoning Commission met and recommended the
City Council ___________ this Resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section of the Kenai Municipal Code 14.20.150: That Kenai
Municipal Code, Section 14.20.150 – Conditional Use Permits, is hereby amended as follows:
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Ordinance No. 3243-2021
Page 2 of 6
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New Text Underlined; [DELETED TEXT BRACKETED]
14.20.150 Conditional [U]Use [P]Permits.
(a) Intent. It is recognized that there are some uses that may be compatible with designated
principal uses in specific zoning districts provided certain conditions are met. The conditional
use permit procedure is intended to allow flexibility in the consideration of the impact of the
proposed use on surrounding property and the application of controls and safeguards to
assure that the proposed use will be compatible with the surroundings. The Commission may
permit this type of use if the conditions and requirements listed in this chapter are met. The
[ALLOWED] conditional uses are listed in the Land Use Table. Before a conditional use
permit may be granted, the procedures specified in this chapter must be followed. The grant,
denial, modification, or revocation of a conditional use permit is discretionary.
(b) Pre-Application Meeting. Every conditional use permit applicant must contact the Planning
Director for a pre-application meeting with the Planning Director or designee before the
application is submitted to the Commission in order to ensure applications are complete and
the applicant is familiar with the conditional use permit public hearing process. If an application
is determined to be incomplete by the Planning Director, the application may be re-submitted to
the Planning Director with changes or new information as many times as necessary, or the
applicant may request a review with the City Manager whose determination shall be final. The
review by the Planning Director is to determine that sufficient information is presented to allow
the Commission a meaningful review, and has no bearing on whether an application should be
granted or denied by the Commission.
([B]c) Applications. Applications for a conditional use permit shall be filed in writing with the
Planning Department. The application shall include, but is not limited to, the following:
(1) Name and address of the applicant and name and address of the property owner if
not the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) The street address and [A] a legal description of the property involved;
(4) A description of the proposed use and how the use satisfies the review criteria;
(5) Dimensioned plot plans showing the location of all existing and proposed buildings
or alteration, conceptual drawing and such data as may be required; and
(6) The appropriate fee as set forth in the City’s schedule of fees adopted by the City
Council.
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Ordinance No. 3243-2021
Page 3 of 6
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New Text Underlined; [DELETED TEXT BRACKETED]
The application and its plans shall be posted to the City’s website at time of publication of
Commission packet.
([C]d) Public Hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of KMC 14.20.280. An applicant or representative of the
applicant must be present in person or by remote device for the application to be considered
at the public hearing.
([D]e) Review Criteria. Prior to granting a conditional use permit, it shall be established that
the use satisfies all the following [CONDITIONS] criteria:
(1) The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
(2) The economic and non-economic value of the adjoining property and neighborhood
will not be significantly impaired;
(3) The proposed use is in harmony with the Comprehensive Plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare; and
(6) Any and all specific conditions deemed necessary by the Commission to fulfill the
above-mentioned conditions [SHOULD BE MET BY THE APPLICANT]. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
The Commission may approve, approve with conditions, or deny the application. The
Commission must make specific findings in its decision addressing all six of the required criteria
stated above. Any relevant evidence may be considered by the Commission in its decision.
(f) Burden of Proof. The applicant for a conditional use permit has the burden to show by
substantial evidence that the six criteria above are satisfied. Substantial evidence is such relevant
evidence a reasonable mind might accept as adequate to support a conclusion.
(g) Staff Report. The Planning Director or designee will provide a staff report on the application to
the Commission at the public hearing. The staff report may contain any information deemed
pertinent by the Planning Director or designee, and may include a recommendation and proposed
findings on whether the requirements of this Chapter have been met and whether any additional
specific conditions are recommended. The Commission may consider the recommendations of
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Ordinance No. 3243-2021
Page 4 of 6
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New Text Underlined; [DELETED TEXT BRACKETED]
the Planning Director or designee, but shall accord it no deference. The staff report does not
relieve the applicant’s burden of proof.
([E]h) Issuance of the Permit. Following approval by the Commission, the administrative
official shall not issue the permit until the expiration of the fifteen (15) day appeal period
contained in KMC 14.20.290. After approval by the Commission and before the issuance of
the permit, the administrative official must determine that the applicant is current on all
obligations (e.g., sales tax, property tax, lease payments, utility payments) to the City or has
entered into an approved payment plan with the City on any obligations owed and the
applicant is in compliance with the payment plan and (if the permit is for a use required to
collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed
pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of
Adjustment.
([F]i) Yearly Reports. The permit holder shall submit a yearly report between October 1st
and December 31st to the administrative official. Such report shall include a summary of the
on-site activity.
([G]j) Revocation for Noncompliance/Compliance Notices. If the Commission determines,
based on the yearly review or any other investigation undertaken by the official, that the
conduct of the operation(s) is not in compliance with: (1) the terms and conditions of the
permit; (2) the provisions of the Kenai Zoning Code; (3) or that the permit holder is not current
on any obligations (e.g., sales tax, property tax, utility payments, lease payments) to the City
unless the applicant has entered into an approved payment with the City on any obligations
owed and the applicant is in compliance with the payment plan, the Commission may revoke
the permit. The Commission shall not revoke the permit until the permit holder has been
notified and given reasonable opportunity to correct the deficiency(s) or to provide information
relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section
shall be made in accordance with the provisions of KMC 14.20.290. If the administrative
official determines the permit holder is in compliance with the conditions in this subsection, it
shall send a notice of compliance to the Commission and the permit holder.
([H]k) Modification of Final Approval.
(1) An approved conditional use permit may, upon application by the permittee, be
modified by the Planning and Zoning Commission:
(a) When changed conditions cause the conditional use to no longer conform to the
standards for its approval,
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Ordinance No. 3243-2021
Page 5 of 6
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New Text Underlined; [DELETED TEXT BRACKETED]
(b) To implement a different development plan conforming to the standards for its
approval;
(2) The modification application shall be subject to a public hearing and the appropriate
fee as set forth in the City’s schedule of fees adopted by the City Council in order to help
cover the costs of the public hearing notice.
([I]l) Expiration—Extensions—Transferability.
(1) An approved conditional use permit lapses twelve (12) months after approval if no
building permit is procured or if the allowed use is not initiated.
(2) A conditional use permit shall automatically expire if for any reason the conditioned
use ceases for a period of one (1) year or longer.
(3) The Commission may grant time extensions to stay the lapse or the expiration of a
permit for periods not to exceed one (1) year each upon a finding that circumstances
have not changed sufficiently to warrant reconsideration of the approval of the conditional
use permit or that good cause exists to grant the time extension. A permittee must
request a time extension in writing, and submit any supporting materials, within ninety
(90) days of the date of the administrative official’s written notice to the permittee that
either the permit has lapsed under subsection (1) or that the permit has expired under
subsection (2) by a date certain. If the administrative official does not issue a written
notice concerning lapse or expiration, the permittee may request a time extension at any
time within two (2) years of the date the permit was issued or the use ceased, whichever
is later. A permittee may be granted time extensions not to exceed a total of two (2) years
from the date of the Commission’s grant of the first time extension. The Commission
may, but is not required to, hold a public hearing prior to issuing a decision under this
subsection.
(4) A permittee who disputes the administrative official’s determination that the
conditioned use has not been timely initiated or has ceased for a period of one (1) year
or longer may appeal the official’s determination to the Board of Adjustment in
accordance with KMC 14.20.290. If the permittee has requested a stay under subsection
(3), above, the time for appeal of the administrative official’s determination of lapse or
expiration shall not run until such time as the Commission has made a final decision on
the request for a stay.
(5) A conditional use permit is not transferable from one (1) parcel of land to another.
Conditional use permits may be transferred from one (1) owner to another for the same
use, but if there is a change in use on the property, a new permit must be obtained.
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Ordinance No. 3243-2021
Page 6 of 6
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New Text Underlined; [DELETED TEXT BRACKETED]
(6) Appeals from decisions of the Commission under this section shall be made in
accordance with the provisions of KMC 14.20.290.
([J]m) A proposed conditional use permit shall not be considered if a substantially similar
conditional use permit has been considered and denied within the nine (9) months
immediately preceding.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15 day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: October 15, 2021
Page 136
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Vice-Mayor Bob Molloy
DATE: August 26, 2021
SUBJECT: Ordinance 3243-2021 – An ordinance amending KMC 14.20.150-Conditional
Use Permits to clarify roles and responsibilities in the conditional use
permit process and to make housekeeping changes
- Memo #1 - Introduction, Postponement and Referral
The Planning & Zoning Commission, the City Council, the Board of Adjustment, and public
comments have identified issues in KMC 14.20.150 Conditional use permits that should be
addressed regarding roles and responsibilities. Ordinance 3243-2021 proposes to amend
KMC 14.20.150 Conditional use permits to address some of these issues by clarifying the
roles and responsibilities of applicants, the Planning Director, and the Planning and Zoning
Commission in the conditional use permit process.
The sponsor verbally presented the highlights of the proposed amendments to the Planning &
Zoning Commission during Additional Public Comment at the Commission’s 8/25/21 meeting.
The Commissioners were very interested in and asked pertinent questions during the discussion
of the highlights of the proposed amendments. It’s the sponsor’s understanding that the
Commission has no other item at present for its 9/08/21 meeting.
At introduction, a request will be made for Council to postpone this ordinance to and for a public
hearing at the Council’s 9/15/21 meeting, and to refer this ordinance to the Planning & Zoning
Commission for a public hearing at its 9/08/21 meeting, and for the Commission to make
recommendations. If the Commission requests more time, then on 9/15/18 Council could refer
the ordinance again to the Commission for its 9/22/21 meeting, and postpone to Council’s
10/6/21 meeting for public hearing. There is some time; it’s the sponsor’s understanding that
this ordinance later would fall off of the Council’s agenda if no vote is taken at Council’s
10/21/21 meeting.
Council’s support of introduction and this referral request is respectfully requested.
Page 137
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Vice-Mayor Bob Molloy
DATE: August 26, 2021
SUBJECT: Ordinance 3243-2021 – An ordinance amending KMC 14.20.150-Conditional
Use Permits to clarify roles and responsibilities in the conditional use
permit process and to make housekeeping changes
- Memo #2 - Suppporting
The Planning & Zoning Commission, the City Council, the Board of Adjustment, and public
comments have identified issues in KMC 14.20.150 Conditional use permits that should be
addressed regarding roles and responsibilities. Ordinance 3243-2021 addresses some of these
issues.
Ordinance 3243-2021 proposes to amend KMC 14.20.150 Conditional use permits by
clarifying the roles and responsibilities of applicants, the Planning Director, and the Planning
and Zoning Commission in the conditional use permit process and to make some housekeeping
changes. The proposed amendments include the following:
1. Add final sentence to paragraph (a) Intent to clarify and state that the Commission has
discretion to grant, deny, modify or revoke a Conditional Use Permit (“CUP”).
2. Add a new paragraph (b) Pre-application meeting requiring the applicant to have a
pre-application meeting with the Planning Director or designee. The purpose is to
ensure the application is complete and the applicant is familiar with the conditional use
permit public hearing process. The review by the Planning Director is to determine that
sufficient information is presented with the application to allow the Planning
Commission a meaningful review, and has no bearing on whether an application
should be granted or denied by the Commission.
3. Make minor changes to the paragraph on Applications regarding the contents of the
application, to be consistent with the online form for the application and the practice that
there be some kind of conceptual drawings for landscape and site plans and the
dimensional plot plans.
4. Add a sentence to the paragraph on Applications that the application and plans will be
posted to the City’s website when the meeting packet is posted to the website. The City
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Page 2 of 2
Clerk and Administration would create a page to list public hearings coming up on
applications with a link to the applications and plans.
5. Add to the paragraph on Public Hearings the requirement that the applicant or
representative must be present in person or by remote electronic device to present the
application and the applicant’s case.
6. Clarify the second condition or criteria of the Review Criteria to provide that the value is
the economic and non-economic value, so the second criteria is that the economic and
non-economic value of the adjoining property and neighborhood will not be significantly
impaired.
7. Add a paragraph to the Review Criteria which further clarifies the Commission’s
discretion to the effect that: The Commission may approve, approve with conditions, or
deny the application. The Commission will make findings on the six criteria in its
decision. Any other relevant evidence may be considered by the Commission in its
decision.
8. Add a new paragraph on Burden of Proof, clarifying and stating that the applicant has
the burden of proof to show that the six review conditions or criteria are satisfied.
9. Add a new paragraph on Staff report, clarifying and stating that the Planning Director or
designee will provide a staff report. The staff may include a recommendation and
proposed findings on whether the requirements of this Code have been satusfied and
whether any additional specific conditions are recommended. The Commission may
consider the recommendations of the Planning Director or designee, but does not have
to defer to the staff’s recommendation. The staff report does not relieve the applicant
from the applicant’s burden of proof.
Council’s consideration and support of Ordinance 3243-2021 is respectfully requested.
Page 139
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: September 9, 2021
SUBJECT: Ordinance 3243-2021- KMC 14.20.150- Conditional Use Permits
The Planning and Zoning Commission met on September 8, 2021 to consider Ordinance 3243-
2021 and recommended Council enact the Ordinance with two amendments.
I request Council move to amend Ordinance 3243-2021 by amending the last Whereas Clause to
read:
“WHEREAS, on September 8, 2021 the Planning and Zoning Commission met and recommended
the City Council enact this Ordinance with amendments.”
The Commission moved to amend the new section (d) of KMC 14.20.150 to read as follows (new
language in red):
([C]d) Public Hearing. If the application is in order, a public hearing shall be scheduled in
accordance with the requirements of KMC 14.20.280. An applicant or representative of the
applicant must be present in person or by remote device for the application to be considered
at the public hearing. If the applicant or representative is not present at the scheduled public
hearing and has not provided reasonable timely notice of unavailability to the Planning
Department or Commission, the application will be dismissed by the Commission without a
public hearing and the applicant may reapply at any time after paying a new application fee.
This amendment will require a further modification in subsection (e) as provided below:
([D]e) Review Criteria. Prior to granting a conditional use permit, it shall be established that
the use satisfies all the following [CONDITIONS] criteria:
(1) The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
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Page 2 of 3
(2) The economic and non-economic value of the adjoining property and neighborhood
will not be significantly impaired;
(3) The proposed use is in harmony with the Comprehensive Plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare; and
(6) Any and all specific conditions deemed necessary by the Commission to fulfill the
above-mentioned conditions [SHOULD BE MET BY THE APPLICANT]. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
The Commission may approve, approve with conditions, dismiss or deny the application. The
Commission must make specific findings in its decision addressing all six of the required criteria
stated above. Any relevant evidence may be considered by the Commission in its decision.
The Commission recommended this change to provide direction and clarity for the process if an
applicant or representative is not present for the hearing. Reasonable timely notice depends on
the circumstances, allowing for flexibility in emergency or exigent circumstances. The application
fee for a conditional use permit is $250 as provided in the City’s Fee Schedule.
The Commission also expressed a desire to be notified of any written notices of violations
provided to conditional use permit holders.
The Commission moved to amend the new section (j) of KMC 14.20.150 to read as follows (new
language in red):
([G]j) Revocation for Noncompliance/Compliance Notices. If the Commission determines,
based on the yearly review or any other investigation undertaken by the official, that the
conduct of the operation(s) is not in compliance with: (1) the terms and conditions of the
permit; (2) the provisions of the Kenai Zoning Code; (3) or that the permit holder is not current
on any obligations (e.g., sales tax, property tax, utility payments, lease payments) to the City
unless the applicant has entered into an approved payment with the City on any obligations
owed and the applicant is in compliance with the payment plan, the Commission may revoke
the permit. The Commission shall not revoke the permit until the permit holder has been
notified and given reasonable opportunity to correct the deficiency(s) or to provide information
relating to or rebutting the alleged deficiency(s). Appeals from decisions under this section
shall be made in accordance with the provisions of KMC 14.20.290. If the administrative
Page 141
Page 3 of 3
official determines the permit holder is in compliance with the conditions in this subsection,
or notifies the permit holder of a potential violation in writing, the administrative official [IT]
shall send any notice of compliance or notice of violation to the Commission and the permit
holder in a timely manner.
Page 142
JC
KE;NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-34
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING· THE COUNCIL OF THE CITY OF KENAI AMEND KENAI
MUNICIPAL CODE 14.20.150-CONDITIONAL USE PERMITS, TO CLARIFY ROLES
AND RESPONSIBILITIES OF APPLICANTS, THE PLANNING DIRECTOR, AND THE
PLANNING COMMISSION IN THE CONDITIONAL USE PROCESS AND MAKE
HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code 14.20.150 describes the process for application and review of
conditional use permits: and,
WHEREAS, the conditional use permit process is intended to recognize that some uses that are
not permitted by the Land Use Table in certain zones may be conditionally allowed if certain
conditions are met; and,
WHEREAS, the amendments below clarify that the grant or denial of a conditional use permit is
a discretionary act by the Commission and the applicant has the burden of proof to show that a
conditional use permit should be granted; and,
WHEREAS, the amendments also require a pre-application meeting with the Planning Director or
designee prior to submittal of an application for public hearing to assist the applicant in preparing
for the public hearing and providing the Commission with relevant information to make a decision;
a~. .
WHEREAS, the amendments require the applicant to be present or available during the public
hearing to present information to the Commission about the application; and,
WHEREAS, the amendments require the Commission to make findings specific to the six criteria
that must be met to approve a conditional use permit and provide that the Commission may
consider all relevant information in making its decision; and,
WHEREAS, the amendments describe the role of the Planning Director or designee in providing
a staff report during public hearings and that the recommendations of the Planner may be
considered, but are not accorded deference by the Commission.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. Amendment of Section of the Kenai Munici pal Code 14.20.150: That Kenai
Municipal Code, Section 14.20.150-Conditional Use Permits, is hereby amended as follows:
Page 143
Resolution No. PZ2021-34
Page 2of6
14.20.150 Conditional [U]Use [P]Permits.
(a) Intent. It is recognized that there are some uses that may be compatible with designated
principal uses in specific zoning districts provided certain conditions are met. The
conditional use permit procedure is intended to allow flexibility in the consideration of the
impact of the proposed use on surrounding property and the application of controls and
safeguards to assure that the proposed use will be compatible with the surroundings. The
Commission may permit this type of use if the conditions and requirements listed in this
chapter are met. The [ALLOWED] conditional uses are listed in the Land Use Table.
Before a ·conditional use permit may be granted, the procedures specified in this chapter
must be followed. The grant. denial, modification . or revocation of a conditional use permit
is discretiona ry.
{!;U Pre-Application Meeting . Eve ry conditional use permit a pplicant must contact the Plannin g
Director for a pre-a pplication meetin g with the Plannin g Director or designee before the
app lication is submitted to the Commission in order to ensure a pp lications are com p lete and
the a pplicant is familiar with the conditional use permit p ublic hearing p rocess. If an application
is determined to be incom plete by the Plannin g Director. the a pplication ma y be re~submitted to
the Plannin g Director with changes or new information as man y times as necessa ry, or the
applicant may re quest a review with the City Manager whose determination shall be final. The
review by the Planning Director is to determine that sufficient information is p resented to allow
the Commission a meaningful review . and has no bearing on whether an a pp lication should be
granted or denied by the Commission.
([B}Q) Applications. Applications for a conditional use permit shall be filed in writing with
the Planning Department. The application shall include, but is not limited to, the following:
( 1) Name and address of the applicant and name and address of the pro p erty
owner if not the a pp licant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) The street address and [A] f! legal description of the property involved;
( 4) A description of the proposed use and how the use satisfies the review criteria;
(5) Dimensioned plot plans showing the location of all existing and proposed
buildings or alteration, conce ptual drawing and such data as may be required; and
(6) The appropriate fee as set forth in the City's schedule of fees adopted by the City
Council.
New Text Underlined; (DELETED TEXT BRACKETED]
Page 144
Resolution No. PZ2021-34
Page 3of6
The a pp lication and its plans shall be posted to the City's website at time of publication
of Commission packet.
([CJ~D Public Hearing. If the application is in order, a public hearing shall be scheduled
in accordance with the requirements of KMC 14.20.280. An a pp licant or re presentative of
the a pp licant must be present in person or by remote device for the app lication to be
considered at the public hearing . If the a pp licant or re presentative is not present at the
scheduled public hearing and has not provided reasonable timel y notice of unavailability to
the Plannin g Department or Commission . the a pp lication will be dismissed by the
Commission without a public hearing and the a pp licant ma y rea pply at an y time after pa yin g
a new a pp lication fee.
([D]§.) Review Criteria. Prior to granting a conditional use permit, it shall be established
that the use satisfies ~the following [CONDITIONS] criteria:
1.} The use is consistent with the purpose of this chapter and the purposes and intent
of the zoning district;
~ The economic and non-economic value of the adjoining property and neighborhood
will not be significantly impaired;
Q} The proposed use is in harmony with the Comprehensive Plan;
~ Public services and facilities are adequate to serve the proposed use;
fil The proposed use will not be harmful to the public safety, health or welfare; and
fil Any and all specific conditions deemed necessary by the Commission to fulfill the
above-mentioned conditions [SHOULD BE MET BY THE APPLICANT]. These
may include, but are not limited to, measures relative to access, screening, site
development, building design, operation of the use and other similar aspects
related to the proposed use.
The Commission ma y a pp rove . a pp rove with conditions , dismiss. or deny the a pp lication.
The Commission must make specific findin gs in its decision addressing all six of the re quired
criteria stated above. An y relevant evidence ma y be considered by the Commission in its
decision.
New Text Underlined; [DELETED TEXT BRACKETED)
Page 145
Resolution No. PZ2021~34
Page 4of6
(f} Burden of Proof. The a pp licant for a conditional use permit has the burden to show
.Qy substantial evidence that the six criteria above are satisfied. Substantial evidence is such
relevant evidence a reasonable mind mig ht accept as adeq uate to support a conclusion.
(g) Staff Report. The Planning Director or designee will provide a staff report on the application
to the Commission at the public hearing . The staff report mav contain anv information
deemed pertinent b v the Planning Director or designee , and ma y include a recommendation and
proposed findin gs on whether the req uirements of this Chap ter have been met and whether
an y additional s pecific conditions are recommended. The Commission ma y consider the
recommendations of the Planning Director or designee. but shall accord it no deference. The
staff re port does not relieve the a pplicant's burden of proof.
([E]b.) Issuance of the Permit. Following approval by the Commission, the administrative
official shall not issue the permit until the expiration of the fifteen ( 15} day appeal period
contained in KMC 14.20.290. After approval by the Commission and before the issuance
of the permit, the administrative official must determine that the applicant is current on
all obligations (e.g., sales tax, property tax, lease payments, utility payments) to the City or
has entered into an approved payment plan with the City on any obligations owed and
the applicant is in compliance with the payment plan and (if the permit is for a use required
to collect sales tax) must show a valid borough sales tax account. If a timely appeal is
filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the
Board of Adjustment.
([F]i} Yearly Reports. The permit holder shall submit a yearly report between October 1st
and December 31st to the administrative official. Such report shall include a summary of
the on-site activity.
([G]) Revocation for Noncompliance/Compliance Notices. If the Commission determines,
based on the yearly review or any other investigation undertaken by the official, that the
conduct of the operation(s) is not in compliance with: (1) the terms and conditions of
the permit; (2) the provisions of the Kenai Zoning Code; (3) or that the permit ~older is not
current on any obligations (e.g., sales tax, property tax, utility payments, lease payments)
to the City unless the applicant has entered into an approved payment with the City on any
obligations owed and the applicant is in compliance with the payment plan, the Commission
may revoke the permit. The Commission shall not revoke the permit until the permit
holder has been notified and given reasonable opportunity to correct the deficiency( s) or to
provide information relating to or rebutting the alleged deficiency(s). Appeals from
decisions under this section shall be made in accordance with the provisions of KMC
14.20.290. If the administrative official determines the permit holder is in compliance with
New Text Underlined; [DELETED TEXT BRACKETED]
Page 146
Resolution No. PZ2021-34
Page 5 of 6
the conditions in this subsection, or notifies the permit holder of a potential violation in
writin g, the administrative official [IT] shall send am notice of compliance or notice of
violation to the Commission and the permit holder in a timel y manner.
([H]!s) Modification of Final Approval .
.1) An approved conditional use permit may, upon application by the permittee, be
modified by the Planning and Zoning Commission:
a) When changed conditions cause the conditional use to no longer conform to the
standards for its approval,
b) To implement a different development plan conforming to the standards for its
approval;
(2) The modification application shall be subject to a public hearing and the appropriate fee
as set forth in the City's schedule of fees adopted by the City Council in order to help cover
the costs of the public hearing notice.
([l]I) Expiration-Extensions-Transferability.
1) An approved conditional use permit lapses twelve (12) months after approval if no
building permit is procured or if the allowed use is not initiated.
2) A conditional use permit shall automatically expire if for any reason the conditioned use
ceases for a period of one ( 1) year or longer.
3) The Commission may grant time extensions to stay the lapse or the expiration of a permit
for periods not to exceed one (1) year each upon a finding that circumstances have
not changed sufficiently to warrant reconsideration of the approval of the conditional use
permit or that good cause exists to grant the time extension. A permittee must
request a time extension in writing, and submit any supporting materials, within ninety
(90) days of the date of the administrative official's written notice to the permittee that
either the permit has lapsed under subsection ill or that the permit has expired under
subsection !l} by a date certain. If the administrative official does not issue a written
notice concerning lapse or expiration, the permittee may request a time extension at any
time within two (2) years of the date the permit was issued or the use ceased, whichever
is later. A permittee may be granted time extensions not to exceed a total of two (2) years
from the date of the Commission's grant of the first time extension. The Commission
may, but is not required to, hold a public hearing prior to issuing a decision under this
subsection.
New Text Underline<!; [DELETED TEXT BRACKETED)
Page 147
Resolution No. PZ2021-34
Page 6 of 6
4) A permittee who disputes the administrative official's determination that the conditioned
use has not been timely initiated or has ceased for a period of one (1) year or longer
may appeal the official's determination to the Board of Adjustment in accordance with
KMC 14.20.290. If the permittee has requested a stay under subsection .{fil , above, the
time for appeal of the administrative official's determination of lapse or expiration shall
not run until such time as the Commission has made a final decision on the request for
a stay.
5) A conditional use permit is not transferable from one ( 1) parcel of land to another.
Conditional use permits may be transferred from one ( 1) owner to another for the same
use, but if there is a change in use on the property, a new permit must be obtained.
6) Appeals from decisions of the Commission under this section shall be made in
accordance with the provisions of KMC 14.20.290.
([JJ!!J.) A proposed conditional use permit shall not be considered if a substantially similar
conditional use permit has been considered and denied within the nine (9) months
immediately preceding.
Section 2. That a copy of Resolution PZ2021-34 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA.
this 8th day of September, 2021 . \~~
JEFF AIT, CHAIRPERSON
ATTEST:
New Text Underlined: [DELETED TEXT BRACKETED]
Page 148
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3245-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
BUDGET TRANSFER AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS
IN THE CONGREGATE HOUSING FUND FOR THE PURCHASE AND INSTALLATION OF
EQUIPMENT TO PROVIDE VINTAGE POINTE RESIDENTS BASIC TELEVISION AND
WIRELESS INTERNET SERVICE.
WHEREAS, pursuant to the Vintage Pointe Manor Tenant Lease Agreement, the City provides a
basic cable television package to its tenants to be determined at the City’s sole discretion; and
WHEREAS, GCI, Inc., the current cable television provider has announced it will be discontinuing
bulk cable television services in September 2021; and,
WHEREAS, after considerable investigation and with no other cable television options, the best
solution is to provide basic television channels and internet services to tenants in lieu of basic
cable television; and,
WHEREAS, continued television services, along with internet service, are in the best interest of
the residents of Vintage Pointe Manor and the City of Kenai.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the following transfer is authorized:
Congregate Housing Fund:
Decrease Appropriations –
Utilities $7,071
Increase Appropriations –
Small Tools/Minor Equipment $7,071
Section 2. That the estimated revenues and appropriations be increased as follows:
Congregate Housing Fund:
Increase Estimated Revenues –
Appropriation of Retained Earnings $11,329
Increase Appropriations –
Small Tools/Minor Equipment $ 2,629
Repair & Maintenance 8,700
$11,329
Page 149
Ordinance No. 3245-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 1, 2021
Enacted: September 15, 2021
Effective: September 15, 2021
Page 150
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: August 26, 2021
SUBJECT: Ordinance No. 3245-2021 – Congregate Housing Cable Television
Section 6A of the Vintage Pointe Manor Tenant Lease Agreement states:
City shall provide heat, water, sewer, and garbage services for the Premises. City shall
also provide a basic cable television package (to be determined at the City’s sole
discretion) to Tenant.
GCI, Inc. announced earlier this year it would be discontinuing its cable service and replacing it
with an online streaming service (Yukon TV). This would also require hookup to its internet
service at a significant cost increase to the City. Initially, we had been given to the end of the
year, but earlier this month we were told cable television to its bulk contracted services would
expire sometime in September. To this date, we have not been able to get a confirmed day this
service would end.
Our current cost is approximately $8,650 per year to provide cable television to 40 apartments
and 1 commons area. Each tenant receives a cable receiver and has the option to purchase
additional equipment or channels at their own expense. This does not include internet services.
During recent months we have researched different options for a basic television service
comparable to what we currently receive. The options to provide something similar to cable
would require a dish or satellite service with a locked in 5-year agreement and a big cost
increase. As quickly as technology is changing, we believe the equipment would be outdated
before the life of the contract ends.
Terry Eubank and Dan Castimore explored an additional option and found we could provide our
tenants 18 channels of free television (out of Anchorage) along with internet services for just
equipment costs to our building. This would also help ease tenants into the next stages of
television viewing without increasing their rent. The ability to provide internet services to tenants
would also allow them to stream any desired channels without paying for channels in which they
have no interest. Administration estimates that the total cost for installation of this option would
total $18,400, of which $9,700 is for materials and $8,700 is for labor. If necessary, updated
installation costs and an amendment to this ordinance will be provided at the September 15Th
Page 151
Page 2 of 2
Council meeting. The annual recurring cost, comprised of licensing fees and equipment
replacement on a 7-year cycle, would be approximately $2,000
This option solves many of the difficulties and increased costs associated with losing the cable
service through GCI, Inc. After months of discussion and research, I believe this is in the best
interest of our tenants. There will be some education and a learning period as tenants adjust to
new technology. The Senior Center staff will be prepared and provide such trainings.
I respectfully request consideration of Ordinance 3245-2021.
Thank you.
Page 152
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021-57
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, DECLARING A RIGHT-OF-WAY
FOR A 60’ BY 254’ PORTION OF THE FRONTAGE ROAD ALONG WILDWOOD DRIVE AS
DEDICATED ON LOT 4-A, BLOCK 8, BLACK GOLD ESTATES SUBDIVISION NO. 2 (PLAT KN
84-76), AND AS SET FORTH ON THE ATTACHED EXHIBIT "A" IS NOT NEEDED FOR A
PUBLIC PURPOSE AND CONSENTING TO ITS VACATION.
WHEREAS, on July 28, 2021, by Resolution No. PZ2021-30 the Kenai Planning and Zoning
Commission recommended that the Kenai Peninsula Borough Planning Commission approve the
preliminary plat of Black Gold Estates 2021 Replat 2 with a vacation of the 60’ right-of-way along
the southerly boundary as dedicated on the plat of Lot 4-A, Block 8, Black Gold Estates
Subdivision No. 2 (Plat KN 84-76); and,
WHEREAS, on August 23, 2021, the Kenai Peninsula Borough Planning Commission approved
the vacation of a 60’ by 254’ portion of Wildwood Drive on the southeast boundary of Lot 4-A,
Block 8, Black Gold Estates Subdivision No. 2 (Plat KN 84-76); and,
WHEREAS, there is no needed public use for the 60’ by 254’ right-of-way; and,
WHEREAS, on August 25, 2021, the Kenai Peninsula Borough submitted a letter to the Kenai
City Council requesting consideration of the vacation in accordance with Alaska Statutes 29.40
.140 that requires the consent of the City Council prior to vacation of a city right-of-way; and,
WHEREAS, Kenai Municipal Code 22.05.110 - Determination as to need for public use, states
City Council may vacate rights-of-way or easements by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The 60’ by 254’ right-of-way portion of Wildwood Drive on the southeast boundary
of Lot 4-A, Block 8, Black Gold Estates Subdivision No. 2 (Plat KN 84-76) is not needed for a
public purpose and the Council of the City of Kenai consents to the vacation of the 60’ by 254’
right-of-way as set forth on the attached Exhibit "A ".
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
Page 153
Resolution No. 2021-57
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Page 154
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: September 9, 2021
SUBJECT: Resolution No. 2021-57 – Consenting to the Vacation of 60’ by 254’
portion of the frontage road along Wildwood Drive dedicated as Lot 4-
A, Block 8, Black Gold Estates Subdivision No. 2
On July 28, 2021, the Planning and Zoning Commission passed Resolution PZ2021-30
recommending the approval of the Black Gold Estates 2021 Replat subject to the following
condition: 2. The Kenai City Council must declare the sixty-foot right-of-way not needed for a
public purpose and consent to the vacation of the right-of-way as shown on the preliminary plat.
On August 23, 2021, the Kenai Peninsula Borough Planning Commission approved the vacation
of a 60’ by 254’ portion of Wildwood Drive on the southeast boundary of Lot 4-A, Block 8, Black
Gold Estates Subdivision No. 2 (Plat KN 84-76).
In accordance with Alaska Statutes 29.40.140, no vacation of a City right-of-way and/or easement
may be made without consent of the City Council. Kenai Municipal Code 22.05.110,
Determination as to the need for public use the Kenai City Council may vacate rights-of-way or
easements by resolution. Council passing of Resolution No. 2021-57 would consent to the
vacation of the subject 60’ by 254’ right-of-way.
Thank you for your consideration.
Attachments
Exhibit A: Preliminary Plat identifying recommended vacation of 60’ by 254’ right-of-way
Letter from Kenai Peninsula Borough dated August 25, 2021
Draft Borough Planning Commission Meeting Minutes
Pertinent Materials from Borough Planning Commission Meeting
City of Kenai Planning and Zoning Commission Resolution PZ2021-30
Minutes from July 28, 2021 City of Kenai Planning and Zoning Commission Meeting
Page 155
/rl/•
I
~I
NOTES
1.---;ropf"RMANEHT STRucroRE SHALL BE CONSTfWCTEO OR Pl.AaD WIT"IN A
llTIUTY EASEMENTWH1CH WOUlO 1NTERFfRI WITHTIU: ABrt.m' OFA UTllITT
TOUSETlfEWEMENT.
2. DEVELOPMENT MUST MEET THE CITY OF ICENAS CHAP'ltR 1.4 ZON1NG COOE
REQUIREMENTS.
3. PER KPB 20.30.lSOTHE BUILDING SETBAtK OF RECORD HAS BEEN REMOVED. AU
DEVELOPMENT MUST COMPLY WITH lHE MUNICIPAL ZONING REQUIREMENTS.
CERTIFICATE OF OWNERSHIP AND DEDICATION
I HERESY CErou:Y TitATI AM THE OVYf'fal OF THE REAl PROPERTY SHOWN
ANO DESCRIBED HfREON ANO I HEReBY AOOf'Tnf\S Pl.AN OF SU8DMStOH
AND BY MY JP.Et CONSfNTD'EDlCATE AU. IUGKTS-OF-WAY AND PUBLIC
AREAS TO PUBLIC USE AND GRAN1 .. AU. EASEMENTS TO TI4E ust SHOWN.
NOT;\fl.V:>AC1'NOWL EDGEMENT
FOR: ALEXANDER DOUTHIT
ACKNOWLEDGED BlFORf ME THIS
DAY OF 20ll
M'r COMMISSION EXPIRES·----e "
i
l4 " j10
i :·-_-II---_,_-t-
~.i~:.·--~~~~ifil!i --·-1" ~I
I
I
~I
4. ANY PERSON DEVELOPING THE PROPERTY 15 RESPONSIBLE FOR OBTAINING All
REQUIRED LOCAL ST.lil'E, ANO FEDERAL PERMITS, INCLUDING A U.S. ARMY
CORPS OF ENGINEERS Wm.AND DETERMINATION 1F il.PPUCABLE.
!i. TH1S PAJl((L MAY BE AFFECTED 6Y THE FOLLOWING:
5.1. THIS SUaDMSJOff MAY 8E AffECJm BYA REStRYATION Of EASEMENT
RESER\1£0 BY PUBLIC LAND ORDElt No.601 DATro AUGUST 10, 1949 AHO
AMENDED BY PUBLIC LAND ORDER No.757 DAT£D OCTOBER 10, 1959,
PUBLIC IA.ND ORDER No.16U DATl:D APRIL 7, 1958 AND DEPAFrrMENTOF
THE INTERIOR ORDER No.2G65 DATED OCJOEIER 16.1951, AMENDMENT
No.t O"T£D JUL'!' 17, 1952 AND AMENDMENT No.2 DA.TED SEPTEMBER 15,
1958 FILED IN THE fEDERAl REGISTER.
ALEXANDER DOllTHIT
1104 L[EWARD DR
K£NAI, AK99611
"'"' '-o,,.'";~
\
~I
+
s.2. AN RECnuc EAStMtNTGRANTE"D TQ KENA1 FOWIUI CORPOAATION ON
JUNE 4, 1958 IN MISC. &OOX 2, PAGE 31, KRD, LOCATK>N NOT DEFINtO.
AND ASSIGN£DTOTHE CITV OF l(ENAI DECEMBER 31.1963 IN MISC. BOOt:
U , PAGE 18&, Kkl>.
S.3. AN El.ECTRIC EASEMENTGRANTID TO HOMER ELECTRIC ASSOOATlON ON
DECEMBER 5, 1956 IN MISC. DOOK2, PAGE 64-, KRD, LOCATION NOT
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THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
aoROUGH PLANHING COM'-'llSS!ON AT THE MEmNG
OF _,2021.
AUfHORIIED OFFJOAL om
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BJACKGOLDESTAIB2021 REPLAT
A RfWVAC.AllON PIA.TOfUNNAMED 60' STJtEEl ADJACENT TO lOT
4A 8LOCK 8 BLACK GOLD ESTATES SUBDIVISION No.2 (KN84-7GJ
ALEXANDEJt DOUlHrT, OWNER
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Page 156
144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax
Charlie Pierce
Borough Mayor
August 25 , 2021
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611
RE : Right-of-way Vacation : Vacate a portion of the frontage road along Wildwood Drive.
Wildwood Drive is a dedicated right of way that is constructed and paved and provides
legal access from the Kenai Spur Highway. The westerly portion of the right of way is 120
feet in width with the majority of the right of way 180 feet in width. The frontage road has
not been improved and is not being used for access .
Dear Kenai City Council Members :
In accordance with AS 29.40 .140, no vacation of a city right-of-way and/or easement may be
made without the consent of the city council. The KPB Planning Commission approved the
referenced right-of-way vacation during the ir regularly scheduled meeting of August 23 , 2021 .
This petition is being sent to you for your consideration and action.
The City Council has 30 days from August 24 , 2021 in which to veto the decision of the Planning
Commission. If no veto is received from the Council within the 30-day period , the decision of the
Planning Commission will stand.
Attached are draft , unapproved minutes of the pertinent portion of the meeting and other related
material.
Sincerely ,
Melanie Aeschliman
Planning Director
Kenai Peninsula Borough
Attachments:
Unapproved PC Meeting Minutes
Meeting Packet Materials
Page 157
Planning Commission Unapproved Minutes August23 ,2021
MOTION: Comm1s ·o r Ecklund moved ,
agenda and the regular age d
1 oos ion, the motion was carried by the following vote:
MOTION PASSED BY UNANIMOUS VOTE:
Absent 1
Absent
AGENDA ITEM E. NEW BUSINESS
Chair Martin asked Ms. Shirnberg to read the procedure for public testimony.
AGENDA ITEM E1
RIGHT OF WAY VACATION
VACATE A 60' BY 254' PORTION OF WILDWOOD DRIVE ON THE SOUTHEAST BOUNDARY OF
LOT 4-A BLOCK 8, BLACK GOLD ESTATES SUBDIVISION NO. 2 (PLAT KN 84-76)
KPB File No.
Planning Commission Meeting:
Applicant / Owner:
Surveyor:
General Location:
Legal Description:
Staff report given by Scott Huff.
2021-111V
August23 ,2021
Alexander Douthit of Kenai , Alaska
James Hall / Mclane Consulting Inc.
City of Kenai
Wildwood Drive , Black Gold Estates Subdivision No . 2 Plat KN
84-76 , Kenai Recording District, Section 25, Township 06 North ,
Range 12 West , S.M .
Specific Request / Purpose as stated in the petition: Vacate a portion of the frontage road along
Wildwood Drive . Wildwood Drive is a dedicated right of way that is constructed and paved and provides
legal access from the Kenai Spur Highway. The westerly portion of the right of way is 120 feet in width with
the majority of the right of way 180 feet in width . The frontage road has not been improved and is not being
used for access .
This right of way was originally dedicated by Black Gold Estates Subdivision (amended) in 1962 . The right
of way was dedicated as a frontage road to provide access to the residential lots . Black Gold Estates Subd
No . 2 (KN 84-76) replatted 9 lots and vacated alleyways to create one parcel that is 3.085 acres in size .
Notification: Public notice appeared in the August 12 , 2021 issue of the Peninsula Clarion as a separate
ad . The public hearing notice was published in the August 19 , 2021 issue of the Peninsula Clarion as part
of the Commission's tentative agenda.
Twenty-seven certified mailings were sent to owners of property within 300 feet of the proposed vacation.
Ten receipts had been returned when the staff report was prepared .
Public hearing notices were sent by regular mail to forty-five owners within 600 feet of the proposed
vacation .
Eighteen public hearing notices were emailed to agencies and interested part ies as shown below ;
State of Alaska Dept. of Fish and Game
State of Alaska DNR
Kena i Peninsula Borough
Post Office of Kenai
Nikiski Community Council
Page 2
Page 158
Planning Commission Unapproved Minutes August 23 , 2021
State of Alaska DOT
State of Alaska DNR Forestry
Emergency Services of Kenai
Alaska Communication Systems (ACS)
ENSTAR Natural Gas
Kenai Peninsula Borough Land Management
Library of Kenai
General Communication Inc . (GCI)
Homer Electric Association (HEA)
Legal Access (existing and proposed): Lot 4-A Block 8 fronts the Kenai Spur Highway a state maintained
right of way with a width of 150 feet abutting the lot. Any access to Kenai Spur Highway required approval
from SOA DOT. Lot 4-A Block 8 fronts on Wildwood Drive, a City of Kenai maintained right of way .
There are no proposed dedications , as it will reduce the right of way width down to 120 feet from 180 feet.
The block is irregular in shape but does comply with length requirements and is closed . Wildwood Drive,
Kenai Spur Highway, an unnamed 60 foot right of way , Windflower Drive , and an unnamed 60 foot right of
way , that appears to be an extension of Orchid Way , define the block . Windflower Drive and Wildwood
Drive are maintained by the City of Kenai and Kenai Spur Highway is maintained by the State of Alaska.
Other right of ways are not maintained or unconstructed .
No lots will be denied access if the vacation is approved .
KPB Roads De t. comments Out of ·urisdiction, no comments
SOA DOT comments Wildwood Drive is not a state road so we have no comments .
Site Investigation: The right of way proposed to be vacated is not affected by steep terrain or wetland
areas . It does not appear that the right of way has been improved or is being used for vehicular access .
There does appear to be local ATV trails that cut across Tract 4-A Block 8.
Floodplain Hazard Review Within City of Soldotna/Kenai , no comments
Anadromous Waters Habitat Is not within HPD , no comments
Protection District Review
State Parks Review No comments
Staff Analysis: The proposed vacation is along Wildwood Drive . The Wildwood complex was constructed
in 1953 as a military communications base . In 1974 , Wildwood was turned over to the Kenai Native
Association as part of the native land settlement. In 1983 , the State of Alaska began a lease with option to
purchase , converted the structures , and opened the Wildwood Pretrial Facility .
Wildwood Drive was considered as a Federal Military right of way while it was operating as a military base .
A subdivision, Black Gold Estates Subdivision (Plat KN 1335), subdivided the Carl F. Ahlstrom Homestead
and it depicted the Wildwood Station Road as a military road . That plat was recorded in 1962 . In 1964 the
plat was revised , Black Gold Estates Subdivision Amended (Plat KN 1399). The amended plat depicted
the federal right of way but provided a 60 foot wide right of way running adjoining the north edge of Wildwood
Drive . This was to be a frontage road to provide access to the residential lots created by the plat.
When the ownership and use of the Wildwood Complex changed so did the ownership of the right of ways .
The Wildwood Complex is under State of Alaska ownership and management but the right of way leading
to the property is under the City of Kenai jurisdiction . Several right of ways intersect Wildwood Drive and
private lots have direct access. Wildwood Drive right of way ends at the Wildwood Complex.
In 1984 , the owner of nine lots combined the lots and vacated alleyways with the recording of Black Gold
Estates Subdivision No . 2 , Plat KN 84-76. This plat combined the land to create the current lot configuration
for Lot 4A Block 8 .
Wildwood Drive has a 120 foot width at the intersection of Kenai Spur Highway. Approximately 185 feet
from the intersection , the width increases to 180 with the addition of the frontage right of way and continues
at that width until it ends at the complex . While it was intended to be used as a frontage road , it was not
constructed as such and there is no road name associated other than Wildwood Drive .
Kenai Pen insula Borough Page 3
Page 159
Plann ing Commission Unapproved Minutes August 23 , 2021
The proposed vacation w ill leave a width of 120 feet for Wildwood Dr ive. The portion be ing vacated w ill be
combined back to Lot 4-A
No access to surrounding lots will be affected .
The original plats did not grant any utility easements along or abutting the proposed portion of the right of
way vacation . The replat , KN 84-76 , did grant a 10 foot utility easement along the eastern boundary . That
easement stopped at the right of way dedication as right of ways may be used for utilities . To comply with
subdivision code , the plat that will finalize the vacation will be required to grant 10 foot utility easements
adjo ining the right of ways . This requirement will provide a connect ion from the previously granted utility
easement to Wildwood Drive .
The City of Kenai Planning and Zon ing Comm iss ion reviewed the plat that will finalize the vacation , Black
Gold Estates 2021 Replat , at the ir July 28 , 2021 meeting . They have some conditions for the plat and
stated the Kenai City Council must declare the right of way is not needed and approve the vacat ion .
The Kenai City Council will hear this at the ir September 2021 meeting if approved by the Planning
Commission .
20.65.050 -Action on vacation application
D. The planning commission shall cons ider the merits of each vacation request and in all cases ; the
planning commission shall deem the area being vacated to be of value to the public . It shall be
incumbent upon the applicant to show that the area proposed for vacation is no longer practical for
the uses or purposes authorized , or that other provisions have been made which are more
beneficial to the public . In evaluat ing the merits of the proposed vacation , the planning commission
shall cons ider whether:
1. The right-of-way or public easement to be vacated is be ing used ;
Staff comments: This portion was intended to be a frontage road but has not been improved
and is not be ing used for public access. Wildwood Drive w ill rema in and has been improved .
The remaining right of way is being used and will prov ide public access .
2. A road is impossible or impractical to construct , and alternative access has been provided ;
Staff comments: Wildwood Drive will rema in 120 feet w ide abutting the vacat ion area and
provides an alternate access for the public .
3. The surrounding area is fully developed and all planned or needed rights-of-way and util it ies
are constructed ;
Staff comments: The surround ing area has been subd iv ided with adequate right of ways and
utility easements to provide access to all neighboring lots.
4 . The vacation of a publ ic right-of-way prov ides access to a lake , river , or other area w ith public
interest or value , and if so , whether equal or superio r access is provided ;
Staff comments: The frontage road does not provide access to a lake , river , or other area with
public interest as it only provides access to private lands .
5. The proposed vacation would limit opportunities for interconnectivity with adjacent parcels ,
whether developed or undeveloped ;
Staff comments: There are additional r ight of ways w ith in the parent subdiv ision as well as
alleys to provide interconnectivity of public access and utilities .
6 . Other public access , other than general road use, ex ist or are feasible for the right-of-way ;
Staff comments: The width of Wildwood Drive will provide adequate width for other uses , such
as pedestrian walkways or placement of utility lines , as needed.
Kenai Peninsula Borough Page 4
Page 160
Planning Commission Unapproved Minutes August 23 , 2021
7. All existing and future utility requirements are met. Rights-of-way which are utilized by a
utility, or which logically would be required by a utility , shall not be vacated , unless it can be
demonstrated that equal or superior access is or will be available . Where an easement would
satisfactorily serve the utility interests, and no other public need for the right-of-way exists,
the commission may approve the vacation and require that a utility easement be granted in
place of the right-of-way.
Staff comments: The vacation has been sent to the utility companies for review and
comments . Utility providers have existing lines in this area . No new utility easements were
requested . This platting action will provide a minimum of 10 foot utility easements adjoining all
right of ways.
8. Any other factors that are relevant to the vacation application or the area proposed to be
vacated.
Staff comments: This section of the frontage road has not been improved and it not required
as the separate lots have been replatted into one parcel.
If approved , Black Gold Estates 2021 Replat will finalize the proposed right of way vacation . The
preliminary plat has not been submitted to schedule for a Plat Committee meeting at the time the staff report
was prepared . If the sole purpose of the plat is to depict the area approved for vacation the preliminary plat
may be submitted under KPB 20 .10 .080 -Vacation Plat. The plat will be reviewed by staff for completeness
and will not require approval from the Planning Commission . If any exceptions from KPB code are
requested the plat will need to be submitted for review by the Plat Committee and may not be reviewed
under KPB 20 .10 .080 .
KPB d rt t / eoa men aaencv review:
Planner -Bryan Taylor This is located within the City of Kenai and not subject to local
option zonino districts or material site review bv KPB.
Code Compliance -Eric Oqren No comments
Addressing -Derek Haws Affected Addresses : 14224 Kenai Spur Highway (will remain with
Lot 4B -Block 8). Existino street names shown are correct
Assessino -Matt Bruns No concerns form Assessinq Department.
urn "d 11:v orov1 er review:
HEA Reviewed, no comments .
ENSTAR No comments or recommendations .
ACS
GCI Approved as shown .
RECOMMENDATION:
Based on consideration of the merits as per KPB 20 .65.0SO(F) as outlined by Staff comments , Staff
recommends APPROVAL as petitioned , subject to :
1. Consent by Kenai City Council.
2. Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code .
3. Grant utility easements requested by the Kenai City Council and utility providers .
4. Submittal of a final plat within a timeframe such that the plat can be recorded within one year
of vacation consent (KPB 20. 70.130).
KPB 20.65.050 -Action on vacation application
H. A planning commission decision to approve a vacation is not effective without the consent of
the city council, if the vacated area to be vacated is within a city, or by the assembly in all other
cases. The council or assembly shall have 30 days from the date of the planning commission
approval to either consent to or veto the vacation. Notice of veto of the vacation shall be
immediately given to the planning commission. Failure to act on the vacation within 30 days
shall be considered to be consent to the vacation. This provision does not apply to alterations
Kenai Peninsula Borough Page 5
Page 161
Planning Commission Unapproved Minutes August 23 , 2021
of utility easements under KPB 20.65.070, which do not require the consent of the assembly or
city council unless city code specifically provides otherwise.
I. Upon approval of the vacation request by the planning commission and no veto by the city
council or assembly, where applicable, the applicant shall have a surveyor prepare and submit
a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only
the area approved for vacation by the assembly or council may be included on the plat. The final
plat must be recorded within one year of the vacation consent.
J. A planning commission decision denying a vacation application is final. No reapplication or
petition concerning the same vacation may be filed within one calendar year of the date of the
final denial action except in the case where new evidence or circumstances exist that were not
available or present when the original petition was filed.
K. An appeal of the planning commission, city council or assembly vacation action under this
chapter must be filed in the superior court in accordance with the Alaska Rules of Appellate
Procedure.
The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November 2019 by Ordinance No . 2019-
25 . The relevant objectives are listed .
Goal 3. Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to
local and regional facilities , activities, programs and services.
Focus Area : Energy and Utilities
o Objective A -Encourage coordination or residential, commercial, and industrial
development with extension of utilities and other infrastructure .
Housing
• Strategy 1. Near-Term : Maintain existing easements (especially section line
easements) in addition to establishing adequate utility rights of way or
easements to serve existing and future utility needs .
• Strategy 2 . Near-Term : Maintain regular contact with utility operators to
coordinate and review utility easement requests that are part of subdivision
plat approval.
• Strategy 3. Near-Term: Identify potential utility routes on Borough lands .
o Objective D. Encourage efficient use of land, infrastructure and services outside
incorporated cities by prioritizing future growth in the most suitable areas.
• Strategy 1. Near-Term : Collaborate with the AK Department of
Transportation , incorporated cities within the borough, utility providers, other
agencies overseeing local services, and existing communities located
adjacent to the undeveloped areas that are appropriate for future growth, to
align plans for future expansion of services to serve future residential
development and manage growth .
Goal 4. Improve access to , from and connectivity within the Kenai Peninsula Borough
Focus Area : Transportation
o Objective B. Ensure new roads are developed in alignment with existing and planned
growth and development.
• Strategy 2. Near -Term : Establish subdivision codes that dictate road
construction standards to accommodate future interconnectivity and/or public
safety.
• Strategy 3. Near -Term : Identify areas of anticipated growth to determine
future access needs.
END OF STAFF REPORT
Chair Martin opened the meeting for public comment. Hearing no one wishing to comment, public comment
was closed and discussion was opened among the commission.
Commissioner Brantley asked to be recused from this vote . He had done work for the petitioner on this
Kena i Pen insula Borough Page 6
Page 162
Planning Commission Unapproved Minutes August 23 , 2021
parcel. Chair Martin approved Commissioner Brantley 's request to be recused .
MOTION: Commissioner Ruffner moved , seconded by Commissioner Ecklund to approve the vacation as
petitioned based on the means of evaluating public necessity established by KPB 20 .70 , subject to staff
recommendations and compliance with borough code.
Seeing and hearing no objection or further discussion , the motion was carried by the following vote :
MOTION PASSED BY UNANIMOUS VOTE :
Yes
Yes
Recused
Absent
8 I Recused I 1 I Absent I 1 I
Bentz , Ecklund , Fikes, Gillham , Martin , MorQan , Ruffner , Venuti
Brantlev
Chesser
mous Waters Habitat Pro
2021-27
134 ·erra Heights St
Soldotn AK 99669
Legal Description SEC 19 SEWARD ME IAN KN 0970046
VE MOORE ADON AME ED LOT 1778
Project Description
None
057-487-84
A Conditional Use Per it is sought pursuant to KFts 21 .18 for the constructio of a recreational structure
within the 50-foot Habitat rotection District of the Ke
Back round Information
Apph nt proposes to remove a ·or-existing trailer and rep e with a new, two-story re 'dential structure
with a tprint measuring 17 by 3 eet. The portion of the str ture that falls within the H is not along
the flowin waters of the main stem f the Kenai River , but al g the KPB regulated can I. The new
structure wi e built in compliance wit the current FEMA Floodp ·n standards and will be e vated in
accordance wi the KPB Floodplain Perm 12812 .
Pro·ect Details wit · the 50-foot Habitat Protection District
1. Construction of 1 37 foot cabin partially o rior existing structure too int.
2. The footprint of this st ucture within the HPD wil pand by approximately 1
3 Placement of sonotube ·nto HPD to elevate in ace dance to KPB Floodplain
4. Revegetate any areas tha re disturbed with the con uction .
Genera Standards
Pursuan o 21.18.081(0) General S ndards, the following st dards shall be met befor
use approv may be granted:
1. The use o tructure will not cause sig · ,cant erosion , sedimenta n, damage within the habit
protection dis ict, an increase in ground surface water pollution , a d damage to riparian wetla
and riparian ec stems ;
Kena i Peninsula Borough Page 7
Page 163
E. NEW BUSINESS
1. Right-of-Way Vacation
Location: Wildwood Drive, Black Gold Estates
Subdivision No. 2 Plat KN 84-76, Kenai Recording
District, Section 25, Township 06 North, Range 12
West, S.M.
Petitioner: Alexander Douthit
Page 164
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NO. 2
4-A
Proposed Right of Way
Vacation
TR.A
The infonnation d -is for a graph" I ep,cted hereon
on ly of best a,ca_larepresentation
Th va, ble so e Kena i Peninsula B urces .
assumes no orough
for any e responsibility rrors on this map .
12
13
250 i----+----+----i~~--+---f~-'-----55~00' 0 125
1,500
____ L_ __ ~L:_ __ _J,_ __ ~3,,,~000 Feet
KPB 2021-111
S25 T06N R12W
CITY OF KENAI
PClements , KPB 2021-11 1 Date : 8/3/202 1
Page 165
The information de picted hereon
is for a graphical representation
on ly of best available sources.
The Kena i Peninsula Borough
assumes no responsibi lity
for any erro rs on this map .
0
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I Aerial View ~ Right of Way Vacation PClemen ts, KPB 2021 -1 11
Imagery 2014 Si x lnch Ken a i
Page 166
$1/4 ( I 3" BRASS CAP
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NOTES
l . ~MAN ENT STRUCTURE SHALL BE CONSTRUCTED OR PlACED WITHIN A
UTILITY EASEMENT WHICH WOULD INTERFERE WITH THE ABILITY OF A UTILITY
TO USE THE EASEMENT .
2. DEVELOPMENT MUST MEET THE CITY OF KENAI CHAPTER l4 ZONING CODE
REQUIREMENTS.
3. NO DIRECT ACCESS TO STATE MAINTAINED RIGHTS-OF-WAY PERMlmD UNLESS
APPROVED BY STATE OF AlASKA DEPARTMENT OF TRANSPORTATION ANO
PUBUC FACILmEs
4. PER ICPB 20.30.250 THE BUILDING" SETBACK OF RECORD HAS BEEN REMOVED. ALL
DEVELOPMENT MUST COMPLY WITH THE MUNICIPAL ZONING REQUIREMENTS.
S. ANY PERSON DEVELOPING TH£ PROPERTY IS RESPONSIBLE FOR OB'TAINING ALL
REQUIRED LOCAL, STATE, AND FEDERAL PERMITS, INCWOING A U.S. ARMY
CORPS OF ENGINEERS WETLAND ornRMINATION IF APPLICABLE.
6. THIS PARCEL MAY BE AFFECTED BY lliE FOLLOWING :
6,.1 . THIS SUBDIVISION MAY BE AFFECTED 8V A RESERVATION OF EASEMENT
RESERVED BY PUBLIC LANO ORDER No.601 DATED AUGUST 10, 1949 AND
AMENDED BY PUBLIC LANO OROER.No.7S7 DATED OCTOBER 10, 1959,
PUBUC LAND ORDER No.1613 DATED APRIL 7, 1958 ANO DEPARTMENT OF
THE INTERIOR ORDER No.2665 DATED OCTOBER 16, 1951, AMENDMENT
No.1 DATED JULY 17, 1952 ANO AMENDMENT No .2 DATED SEPTEMBER 15,
1956 FILED IN THE FEDERAL REGISTER .
6.2. AN ELECTRIC EASEMENT GRANTED TO KENAI POWER CORPORATION ON
JUNE 4, 1958 IN MISC. BOOK 2, PAGE 31 , KRO, LOCATION NOT DEFINED.
AND ASSIGNED TO THE CITY OF KENAI DECEMBER 31, 1963 IN MISC. BOOK
11, PAGE 188, KRD.
CERTIFICATE OF OWNERSHIP AND DEDICA noN
I HEREBY CERTIFY THAT I AM THE OWNER OF THE REAL PROPERTY SHOWN
AND DESCRIBED HEREON AND I HEREBY ADOPT THIS PlAN OF SUBDNISION
ANO BY MV FREE CONSENT DEDICATE All RIGHTS,Of..WAY ANO PUBLIC
AREAS TO PUBLIC USE ANO GRANT ALL EASEMENTS TO THE USE SHOWN ,
ALE><ANDER DOUTHIT
1104 LEEWARD OR
l(fNAI, A)( 99611
NOTARY'S ACKNOWLEDGEME
FOR: ALEXANDER DOUTHIT
ACKNOWLEDGED BEFORE ME THIS
__ DAY Of -----~ 202·
MV COMMISSION EXPIRES :. ___ _
NOTARV PUBUC FOR THE
STATE OF AlASl<A
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6.3. AN ELECTRIC EASEMENT GRANTED TO HOMER ELECTRIC ASSOCIATION ON
DECEMBERS, 1958 IN MISC. BOOK 2, PAGE 64, KRO, LOCATION NOT
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LEGEND
EB FOUND PRIMARY MONUMENT AS DESCRIBED
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LOT 4B -BLOCK 8
3.436AC
Page 167
AGENDA ITEM E. NEW BUSINESS
ITEM 1 -RIGHT OF WAY VACATION
VACATE A 60' BY 254' PORTION OF WILDWOOD DRIVE ON THE SOUTHEAST BOUNDARY OF LOT 4-A
BLOCK 8, BLACK GOLD ESTATES SUBDIVISION NO. 2 (PLAT KN 84-76)
KPB File No.
Planning Commission Meeting:
Applicant/ Owner:
Surveyor:
General Location:
2021-111V
August23,2021
Alexander Douthit of Kenai , Alaska
James Hall / Mclane Consulting Inc
City of Kenai
Legal Description: Wildwood Drive , Black Gold Estates Subdivision No. 2 Plat KN 84-76 ,
Kenai Recording District , Section 25 , Townsh ip 06 North , Range 12 West ,
S .M .
STAFF REPORT
Specific Request/ Purpose as stated in the petition: Vacate a portion of the frontage road along Wildwood
Dr ive . Wildwood Drive is a dedicated right of way that is constructed and paved and provides legal access from the
Kenai Spur Highway . The westerly portion of the right of way is 120 feet in width with the majority of the right of way
180 feet in width . The frontage road has not been improved and is not being used for access .
Th is right of way was originally dedicated by Black Gold Estates Subdivision (amended) in 1962. The right of way
was dedicated as a frontage road to provide access to the res idential lots . Black Gold Estates Subd No . 2 (KN 84-
76 ) replatted 9 lots and vacated alleyways to create one parcel that is 3.085 acres in size .
Notification: Public notice appeared in the August 12 , 2021 issue of the Peninsula Clarion as a separate ad . The
publ ic hearing notice was published in the August 19, 2021 issue of the Peninsula Clar ion as part of the
Comm ission 's tentative agenda .
Twenty-seven cert ified mail ings were sent to owners of property with in 300 feet of the proposed vacation . Ten
rece ipts had been returned when the staff report was prepared .
Public hearing notices were sent by regular mail to forty-five owners w ithin 600 feet of the proposed vacat ion .
Eighteen public hearing notices were emailed to agencies and interested parties as shown below;
State of Alaska Dept. of Fish and Game
State of Alaska DNR
State of Alaska DOT
State of Alaska DNR Forestry
Eme rgency Serv ices of Kena i
Kena i Pen insula Borough Land Management
Lib rary of Kena i
Post Office of Kena i
Nikiski Community Council
Alaska Communication Systems (ACS )
ENST AR Natural Gas
General Communications Inc, (GCI )
Homer Electric Association (HEA)
Legal Access (existing and proposed): Lot 4-A Block 8 fronts the Kenai Spur Highway a state ma intained right
of way with a w idth of 150 feet abutting the lot. Any access to Kena i Spur Highway requ ired approval from SOA
DOT. Lot 4-A Block 8 fronts on Wildwood Drive , a City of Kenai maintained right of way .
There are no proposed dedications , as it will reduce the right of way w idth down to 120 feet from 180 feet.
The block is irregular in shape but does comply with length requirements and is closed . Wildwood Drive , Kena i
Spur Highway , an unnamed 60 foot right of way , Windflower Dr ive , and an unnamed 60 foot right of way , that
appears to be an extension of Orch id Way , define the block. W indflower Drive and W ildwood Drive are ma inta ined
Page 1 of s
Page 168
by the City of Kenai and Kenai Spur Highway is ma intained by the State of Alaska . Other right of ways are not
maintained or unconstructed .
No lots will be denied access if the vacation is approved.
KPB Roads De t. comments Out of ·urisdiction , no comments
SOA DOT comments Wildwood Drive is not a state road so we have no comments .
Site Investigation: The right of way proposed to be vacated is not affected by steep terra in or wetland areas. It
does not appear that the right of way has been improved or is being used for vehicular access. There does appear
to be local A TV trails that cut across Tract 4-A Block 8.
Floodplain Hazard Review Within City of Soldotna/Kenai , no comments
Anadromous Waters Habitat Is not within HPD , no comments
Protection District Review
State Parks Review No comments
Staff Analysis: The proposed vacation is along Wildwood Drive . The Wildwood complex was constructed in 1953
as a military communications base . In 1974, Wildwood was turned over to the Kenai Native Association as part of
the native land settlement. In 1983, the State of Alaska began a lease with option to purchase , converted the
structures , and opened the Wildwood Pretrial Facility .
Wildwood Drive was considered as a Federal Military right of way while it was operating as a military base . A
subdivision , Black Gold Estates Subdivision (Plat KN 1335), subdivided the Carl F. Ahlstrom Homestead and it
depicted the Wildwood Station Road as a military road . That plat was recorded in 1962 . In 1964 the plat was
revised , Black Gold Estates Subdivision Amended (Plat KN 1399). The amended plat depicted the federal right of
way but provided a 60 foot wide right of way running adjoining the north edge of Wildwood Drive . This was to be a
frontage road to provide access to the residential lots created by the plat.
When the ownership and use of the Wildwood Complex changed so did the ownership of the right of ways . The
Wildwood Complex is under State of Alaska ownership and management but the right of way leading to the property
is under the City of Kenai jurisdiction. Several right of ways intersect Wildwood Drive and private lots have direct
access . Wildwood Drive right of way ends at the Wildwood Complex .
In 1984 , the owner of nine lots combined the lots and vacated alleyways with the recording of Black Gold Estates
Subd ivision No. 2 , Plat KN 84-76 . This plat combined the land to create the current lot configuration for Lot 4A Block
8 .
Wildwood Drive has a 120 foot width at the intersection of Kenai Spur Highway . Approximately 185 feet from the
intersection , the width increases to 180 with the addition of the frontage right of way and continues at that width
unt il it ends at the complex. While it was intended to be used as a frontage road , it was not constructed as such
and there is no road name associated other than Wildwood Drive .
The proposed vacation will leave a width of 120 feet for Wildwood Drive . The portion being vacated will be combined
back to Lot 4-A
No access to surrounding lots will be affected .
The original plats did not grant any utility easements along or abutting the proposed portion of the right of way
vacation. The replat , KN 84-76 , did grant a 10 foot utility easement along the eastern boundary. That easement
stopped at the right of way dedication as right of ways may be used for utilities. To comply with subdivision code ,
the plat that w ill finalize the vacation will be required to grant 10 foot ut ility easements adjoining the right of ways .
This requirement will provide a connection from the previously granted utility easement to Wildwood Drive .
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Page 169
The C ity of Kenai Planning and Zoning Commission reviewed the plat that will finalize the vacation , Black Gold
Estates 2021 Replat , at their July 28 , 2021 meeting . They have some conditions for the plat and stated the Kenai
City Council must declare the right of way is not needed and approve the vacation.
The Kenai City Council will hear this at their September 2021 meeting if approved by the Planning Commission .
20.65.050 -Action on vacation application
D. The planning commission shall consider the merits of each vacation request and in all cases the planning
commission shall deem the area being vacated to be of value to the public . It shall be incumbent upon the
applicant to show that the area proposed for vacation is no longer practical for the uses or purposes
authorized , or that other provisions have been made which are more beneficial to the public. In evaluating
the mer its of the proposed vacation , the planning commission shall consider whether:
1. The right-of-way or public easement to be vacated is being used ;
Staff comments: This portion was intended to be a frontage road but has not been improved and is
not being used for public access . Wildwood Drive will remain and has been improved . The remaining
right of way is being used and will provide public access .
2. A road is impossible or impractical to construct, and alternative access has been provided ;
Staff comments: Wildwood Drive will remain 120 feet wide abutting the vacation area and provides
an alternate access for the public .
3. The surrounding area is fully developed and all planned or needed rights-of-way and utilities are
constructed ;
Staff comments: The surrounding area has been subdivided with adequate right of ways and utility
easements to provide access to all neighboring lots.
4 . The vacation of a public right-of-way provides access to a lake, river , or other area with public interest
or value , and if so , whether equal or superior access is provided ;
Staff comments: The frontage road does not provide access to a lake , river , or other area with publ ic
interest as it only provides access to private lands .
5. The proposed vacation would limit opportunities for interconnectivity with adjacent parcels , whether
developed or undeveloped ;
Staff comments: There are additional right of ways within the parent subdivision as well as alleys to
provide interconnectivity of public access and utilities .
6. Other public access , other than general road use , exist or are feasible for the right-of-way ;
Staff comments: The width of Wildwood Drive will provide adequate width for other uses , such as
pedestrian walkways or placement of utility lines , as needed .
7. All existing and future utility requirements are met. Rights-of-way which are utilized by a ut ili ty , or
wh ich logically would be required by a utility , shall not be vacated , unless it can be demonstrated that
equal or superior access is or will be available . Where an easement would satisfactorily serve the
utility interests , and no other public need for the right-of-way exists , the commission may approve the
vacation and require that a utility easement be granted in place of the right-of-way .
Staff comments: The vacation has been sent to the utility companies for review and comments .
Utility providers have exist ing lines in this area . No new utility easements were requested . This
platting action will provide a minimum of 1 O foot utility easements adjoining all right of ways .
8. Any other factors that are relevant to the vacation application or the area proposed to be vacated.
Staff comments: This section of the frontage road has not been improved and it not required as the
separate lots have been replatted into one parcel.
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Page 170
If approved , Black Gold Estates 2021 Replat will finalize the proposed right of way vacation . The preliminary plat
has not been submitted to schedule for a Plat Committee meeting at the time the staff report was prepared . If the
sole purpose of the plat is to depict the area approved for vacation the preliminary plat may be submitted under
KPB 20 .10.080 -Vacation Plat. The plat will be reviewed by staff for completeness and will not require approval
from the Planning Commission . If any exceptions from KPB code are requested the plat will need to be submitted
for review by the Plat Committee and may not be reviewed under KPB 20.10 .080 .
KPBd eoartment aaencv review:
Planner -Bryan Taylor This is located within the City of Kenai and not subject to local option
zoninq districts or material site review bv KPB .
Code Compliance -Eric Oqren No comments
Addressing -Derek Haws Affected Addresses : 14224 Kenai Spur Highway (will remain with Lot 48 -
Block 8)
Existinq street names shown are correct
Assessinq -Matt Bruns No concerns form Assessinq Department.
Utilitv orovider review:
HEA Reviewed, no comments .
ENSTAR No comments or recommendations .
ACS
GCI Approved as shown .
RECOMMENDATION:
Based on consideration of the merits as per KPB 20 .65.0SO(F) as outlined by Staff comments , Staff recommends
APPROVAL as petitioned , subject to :
1. Consent by Kenai City Council.
2 . Compliance with the requirements for preliminary plats per Chapter 20 of the KPB Code .
3. Grant utility easements requested by the Kenai City Council and utility providers.
4 . Submittal of a final plat within a timeframe such that the plat can be recorded within one year of vacation
consent (KPB 20 . 70 .130).
KPB 20.65.050 -Action on vacation application
H. A planning commission decision to approve a vacation is not effective without the consent of the city
council, if the vacated area to be vacated is within a city, or by the assembly in all other cases. The
council or assembly shall have 30 days from the date of the planning commission approval to either
consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning
commission. Failure to act on the vacation within 30 days shall be considered to be consent to the
vacation. This provision does not apply to alterations of utility easements under KPB 20.65.070 which
do not require the consent of the assembly or city council unless city code specifically provides
otherwise.
I. Upon approval of the vacation request by the planning commission and no veto by the city council or
assembly, where applicable, the applicant shall have a surveyor prepare and submit a plat including
the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for
vacation by the assembly or council may be included on the plat. The final plat must be recorded within
one year of the vacation consent.
J. A planning commission decision denying a vacation application is final. No reapplication or petition
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Page 171
concerning the same vacation may be filed within one calendar year of the date of the final denial action
except in the case where new evidence or circumstances exist that were not available or present when
the original petition was filed.
K. An appeal of the planning commission, city council or assembly vacation action under this chapter
must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure.
The 2019 Kenai Peninsula Borough Comprehensive Plan adopted November 2019 by Ordinance No . 2019-25 .
The relevant objectives are listed .
Goal 3 . Preserve and improve quality of life on the Kenai Peninsula Borough through increased access to local
and regional facilities , activities, programs and services.
Focus Area : Energy and Utilities
o Objective A -Encourage coordination or residential, commercial, and industrial development
with extension of utilities and other infrastructure.
Housing
• Strategy 1. Near-Term : Maintain existing easements (especially section line
easements) in addition to establishing adequate utility rights of way or easements to
serve existing and future utility needs.
• Strategy 2. Near-Term : Maintain regular contact with utility operators to coordinate
and review utility easement requests that are part of subdivision plat approval.
• Strategy 3. Near-Term : Identify potential utility routes on Borough lands.
o Objective D. Encourage efficient use of land, infrastructure and services outside incorporated
cities by prioritizing future growth in the most suitable areas.
• Strategy 1. Near-Term : Collaborate with the AK Department of Transportation ,
incorporated cities within the borough, utility providers, other agencies overseeing
local services, and existing communities located adjacent to the undeveloped areas
that are appropriate for future growth, to align plans for future expansion of services
to serve future residential development and manage growth.
Goal 4. Improve access to , from and connectivity within the Kenai Peninsula Borough
Focus Area : Transportation
o Objective B. Ensure new roads are developed in alignment with existing and planned growth
and development.
• Strategy 2 . Near -Term : Establish subdivision codes that dictate road construction
standards to accommodate future interconnectivity and/or public safety.
• Strategy 3. Near -Term : Identify areas of anticipated growth to determine future
access needs.
END OF STAFF REPORT
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Legend
HEA Primary Conductor
Placement
overhead
underground
<all other values>
KENAI WATER LINES
KENAI SEWER LINES
BOROUGH MAINTAINED ROADS
KPBVector.DBO.Pipelines
ENSTAR DistributionMain
Material
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Coated Steel
Bare Steel
Plastic
Copper
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hereon is for a graphical
representation only of best
available sources. The Kenai
Peninsula Borough assumes
no responsibility for any errors 0
on th is map. I
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Miles
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AERIAL IMAGERY 2019
UTILilY INFORMATION
Date: 5/28/2021
1:50 PM
Scott Huff
Platting Manager
Page 173
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Page 176
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-30
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT BLACK GOLD ESTATES 2021 REPLAT ATTACHED
HERETO BE APPROVED
WHEREAS, the City of Kenai received the plat from Mclane Consulting, Inc. and,
WHEREAS, the plat meets Municipal Code requirements of the General Commercial zone; and,
WHEREAS, street names are referenced correctly; and,
WHEREAS, access to the proposed lot is via the Kenai Spur Highway which is a paved State
maintained highway; and Wildwood Drive which is a paved City maintained street; and
WHEREAS, Water and sewer lines are located within the right-of-way of Wildwood Drive. An
installation agreement is not required; and,
WHEREAS, the Planning and Zoning Commission finds:
1. Pursuant to Kenai Municipal Code 14.10.070 Subdivision design standards, the plat
conforms to the minimum street widths, easements are sufficiently provided for utilities,
the proposed lot would be arranged to provide satisfactory and desirable building sites,
and the preliminary plat meets standards for water and wastewater.
2. Pursuant to Kenai Municipal Code 14.24.010 Minimum lot area requirements, the
proposed lots meets City standards for minimum lot sizes.
3. Pursuant to Kenai Municipal Code 14.24.020 General Requirements, the proposed lots
meet City standards for minimum lot width, maximum lot coverage, maximum height, and
setbacks.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the preliminary plat of Black Gold Estates 2021 Replat be approved subject
to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska,
and local regulations.
Page 177
Resolution No. PZ2021-30
Page 2of2
2. The Kenai City Council must declare the sixty-foot right-of-way not needed for a
public purpose and approve the vacation of the right-of-way as shown on the
preliminary plat.
3. A note should be added to the plat stating that 'no private access to State
maintained right-of-ways permitted unless approved by the State of Alaska,
Department of Transportation'.
4. Connection to City Water and Sewer pursuant to the provisions in KMC
17.010.010(a) and KMC 17.020.010(a).
5. Verification by the surveyor of the width of Wildwood Drive.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 28th day of July, 2021. , ~
urlLERsoN
ATTEST:
Page 178
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JULY 28, 2021 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
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, G. Greenberg
Commissioners absent:
Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W.
Anderson, Deputy City Clerk M. Thibodeau, Council Liaison
J. Glendening
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Vice Chair Fikes SECONDED the
motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Douthit 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 179
___________________________________________________________________________________
Planning and Zoning Commission Meeting Page 2 of 5
July 28, 2021
B. APPROVAL OF MINUTES
1. *Regular Meeting of July 14, 2021
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2021-30 - Preliminary Subdivision Plat of Black Gold Estates 2021
Replat, submitted by McLane Consulting, Inc., P. O. Box 468, Soldotna, AK 99669,
on behalf of Alex Douthit, 1104 Leeward Drive, Kenai, AK 99611
MOTION:
Vice Chair Fikes MOVED to approve Resolution No. PZ2021-30 and Commissioner Woodard
SECONDED the motion.
Commissioner Douthit declared a conflict of interest, stating that he is the owner of the plat under
consideration. Chair Twait ruled that Commissioner Douthit had a conflict and excused him from
voting.
Planning Director Foster presented his staff report with information provided in packet explaining
that the applicant wants to vacate the sixty foot right-of-way along the Southerly boundary, and
the size of the lot will be increased from approximately 3.1 acres to approximately 3.4 acres.
Approval of the plat was recommended, subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
2. The Kenai City Council must declare the sixty-foot right-of -way not needed for a public
purpose and approve the vacation of the right-of -way as shown on the preliminary plat.
3. A note should be added to the plat stating that ‘no private access to State maintained right
of -ways permitted unless approved by the State of Alaska, Department of Transportation’.
4. Connection to City Water and Sewer pursuant to the provisions in KMC 17.010.010(a) and
KMC 17.020.010(a).
5. Verification by the surveyor of the width of Wildwood Drive.
VOTE:
YEA: Halstead, Fikes, Greenberg, Woodard, Twait, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
Page 180
___________________________________________________________________________________
Planning and Zoning Commission Meeting Page 3 of 5
July 28, 2021
1. Resolution PZ2021-27 – Application for the rezoning of a tract of land described as
the North 150 feet of Government Lot 34, Section 6, Township 5 North, Range 11
West, fronting the Kenai Spur Highway (KPB Parcel No. 04702011), from Suburban
Residential (RS) to General Commercial (CG). The application was submitted by
the majority property owner, Kenaitze Indian Tribe, 150 Willow Street, Kenai, Alaska
99611
MOTION:
Vice Chair Fikes MOVED to approve Resolution No. PZ2021-27 and Commissioner Douthit
SECONDED the motion.
Planning Director Foster presented his staff report with information provided in packet explaining
that the applicants want to rezone the property in question from suburban residential to general
commercial. It was noted that the applicants own the property to the north which is already zoned
as general commercial, and they have indicated plans for building two greenhouses for private
use.
Chair Twait opened for public hearing.
John Williams thanked the Commission, and explained some of his past involvement with the
property. He conveyed the Church’s willingness to go along with the zoning change and
welcomed the Kenaitze Native Association and Orthodox Church on the adjoining properties.
He stated that there is a fence running between the church property and old trailer court
property fence which is in disrepair, and asked that the new owners properly maintain the fence
and bring up to good condition.
There being no one else wishing to be heard, the public hearing was closed.
Clarification was provided that a landscape plan would not be a part of the rezoning process,
although further development such as the proposed greenhouses could potentially trigger the
need for a landscape site plan as part of a building permit. It was noted that the fence repair as
requested during the public hearing could be considered a buffer within the landscape plan,
which is required by code between neighboring districts. The need for a building permit and
landscape plan depends on future development.
VOTE:
YEA: Greenberg, Woodard, Twait, Springer, Halstead, Douthit, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Action/Approval - Approving a Letter of Non-Objection to the Time Extension for
the Finalization of the Plat of Kee's Tern Subdivision.
Page 181
___________________________________________________________________________________
Planning and Zoning Commission Meeting Page 4 of 5
July 28, 2021
MOTION:
Vice Chair Fikes MOVED to approve the letter of non-objection to the time extension for the
finalization of the p lat of Kee's Tern Subdivision. Commissioner Woodard SECONDED the
motion.
Planning Director Foster noted the maps in the packet and laydown which present the preliminary
plat approved by the Planning & Zoning Commission in 2013 and the phase 1 finalization, and
clarified that tracts B, C and D remain to be finalized with the Borough. It was explained that after
the approval of the preliminary plat, the Kenai Peninsula Borough changed their code to allow for
extension s of ten years. The requested extension to finalize the remaining phases of the
preliminary plat would meet the ten-year maximum.
Clarification was provided that this would allow for an extension up to February 11, 2023, and the
Commission discussed whether this date should be added into the letter.
Kathleen Martin, owner of Kee’s Turn subdivision, stated that she had no objection to adding this
date to the letter.
MOTION TO AMEND:
Vice Chair Fikes MOVED to amend the letter by adding that the date of extension goes until
February 11, 2023. Commissioner Woodard SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Springer, Halstead, Douthit, Fikes, Greenberg, Woodard, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION:
YEA: Douthit, Fikes, Greenberg, Woodard, Twait, Springer, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Glendening reported on the actions from the July
7, 2021 City Council meeting. Reported that there is an upcoming City Council work
session on Kenai Waterfront Revitalization and Economic Development Incentives,
and encouraged the Commission to attend.
2. Borough Planning – No report.
3. City Administration – Planning Director Foster reported on the following:
Page 182
___________________________________________________________________________________
Planning and Zoning Commission Meeting Page 5 of 5
July 28, 2021
• The City received a noise complaint for a Conditional Use Permit on Angler Drive;
• There is an upcoming Board of Adjustment hearing on Friday, July 30, 2021
regarding a Planning & Zoning Commission decision to approve a Conditional
Use Permit for the development of eight single family dwellings on 4th Avenue;
• The next City Council meeting on August 4th will include the approval of the
Special Use Permit for the Moosemeat John Cabin and two airport land
purchases, previously recommended for approval by the Planning & Zoning
Commission;
• Upcoming Planning & Zoning Commission meeting on August 11 , 2021 is
anticipated to include a plat and an application for airport property development
incentives.
K. ADDITIONAL PUBLIC COMMENT –
John Williams reminisced on his past involvement with the Commission, and expressed
enthusiasm for possible development of properties along the waterfront and planned development
by the Kenaitze Indian Tribe. He encouraged the commission to follow closely and work with the
Kenaitze in order to create economic growth in the City.
L. INFORMATIONAL ITEMS
M. NEXT MEETING ATTENDANCE NOTIFICATION
1. August 11, 2021
Commissioner Woodard noted that she may not be able to attend.
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead appreciated the input from everyone, especially that from former Mayor
John Williams.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:59 p.m.
Minutes prepared and submitted by:
____________________________
Meghan Thibodeau
Deputy City Clerk
Page 183
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021 - 58
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE
CONSTRUCTION DOCUMENTS FOR SEWER LIFT STATION UPGRADES.
WHEREAS, the City of Kenai entered into a term service agreement with HDL Engineering
Consultants LLC in May 2020 after the successful completion of the Request for Proposals
process to provide professional engineering services on water, sewer, and waste water capital
improvement projects; and,
WHEREAS, Task 6 under this agreement is intended to provide bid ready construction documents
for upgrades to three of the City’s main lift stations; and,
WHEREAS, this project has been funded through passage of the current Capital Improvement
Plan and is a priority project for the City; and,
WHEREAS, the project consists of replacement of existing pumps, new pump rails, floats, level
transducers, pump controllers and associated components; and,
WHEREAS, much of the equipment being replaced has well surpassed intended useful life and
completion of the project will allow the City to continue to provide essential services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council authorizes the Award of a Professional Services
Agreement and corresponding purchase order to HDL Engineering Consultants LLC in the
amount of $59,560 to provide construction documents for sewer lift station upgrades.
Section 2. That this Resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: ___________
Page 184
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: September 8, 2021
SUBJECT: Resolution No. 2021-58
The purpose of this memo is to request Council’s approval to award Task 6 to HDL Engineering
Consultants LLC under the term agreement from May 2020. Task 6 will begin to address
renovations to three primary sewer lift stations. This work will upgrade 40 year old pump
controllers, provide new pumps, new pump rails, floats and level transducers at three primary
locations identified during the facility and infrastructure assessments completed earlier this year.
This project is included within the current Capital Improvement Plan and is currently funded for
$400,000. The department has standardized on Flygt pumps, and pending the successful
completion of this project intends to continue with similar upgrades for the next two fiscal years
as detailed within the Capital Improvement Plan.
It should be noted the upgrades at this time are only to pumps, controllers and other components.
Renovations to the actual wet wells, influent and effluent piping, will be needed at a future date,
however that will require a much larger investment. Work at this time is intended to safe guard
current operations and allow staff the equipment to more effectively manage their responsibilities.
In the event funding for a larger renovation project becomes available, the controllers and
equipment being provided now will be included within that future project.
Council’s support is respectfully requested.
Page 185
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: SEPTEMBER 15, 2021
VENDOR DESCRIPTION
PERS PERS
REBORN AGAIN JANITORIAL AUGUST SERVICES
HOMER ELECTRIC ELECTRIC USAGE
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT
VARIOUS
AIRPORT
VARIOUS
MATURITY DATE
ACCOUNT AMOUNT
LIABILITY 93,589.20
REPAIR & MAINTENANCE 4,231.25
UTILITIES 108,272.01
AMOUNT Effect. Int.
Page 186
MEMORANDUM
TO: Mayor Gabriel and Kenai Council Members
FROM: Jamie Heinz, City Clerk
DATE: September 9, 2021
SUBJECT: Marijuana License Renewal
The Alcoholic & Marijuana Control Office has sent notification that the following applicant has
requested license renewals:
Applicant: Grateful Bud, LLC
Owners: Jennifer Huffman
D/B/A: Grateful Bud, LLC
License: Limited Marijuana Cultivation 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 Limited Marijuana Cultivation Facility will be forwarded to the Alcoholic & Marijuana Control
Office and the applicant.
Your consideration is appreciated.
Page 187
Action History (UTC-08:00) Pacific Time (US & Canada)
Submit by Jamie Heinz 8/25/2021 10:18:36 AM (Form Submission)
Approve by Jeremy Hamilton 8/25/2021 11:43:14 AM (Fire Marshall Review)
Th e task was assign ed to Jeremy Hamilton. Th e du e date i s: Sep tember 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Scott Curtin 8/30/2021 4:01:44 PM (Building Official Review)
Th e task was assign ed to Scott Curti n. Th e du e date i s: Sep tember 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Dave Ross 8/25/2021 1:46:11 PM (Police Department Review)
Th e task was assign ed to Dave Ross. The d ue d ate is: Septemb er 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Tina Williamson 8/31/2021 8:22:33 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: Sep tember 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Cindy Herr 8/25/2021 10:30:50 AM (Legal Asst Review)
No monies owed in restitution or traffic fines.
Th e task was assign ed to Cin dy Herr. The d ue d ate is: Septemb er 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Wilma Anderson 8/25/2021 10:45:22 AM (Lands Review)
There are no outstanding issues for lands review.
Th e task was assign ed to Wilma An derson. Th e du e date i s: Sep tember 3, 2021 5:00 PM
8/25/2021 10:18 AM
Approve by Sue Best 8/31/2021 9:18:38 AM (Finance Review)
Th e task was assign ed to Sue Best. The d ue d ate is: Septemb er 9, 2021 5:00 PM
8/31/2021 8:22 AM
Approve by Scott Bloom 8/31/2021 8:56:38 AM (Legal Review)
Th e task was assign ed to Scott Bl oom. Th e du e date i s: Sep tember 9, 2021 5:00 PM
8/31/2021 8:22 AM
Approve by Ryan Foster 8/31/2021 9:00:08 AM (P&Z Department Review)
Th e task was assign ed to Ryan Foster. The d ue d ate is: Septemb er 9, 2021 5:00 PM
8/31/2021 8:22 AM
Page 188
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
8/25/2021
Establishment Information
Limited Marijuana Cultivation Facility
Grateful Bud, LLC
Grateful Bud, LLC
1817 Sunset Blvd Kenai, AK
Contact Information
Jennifer Huffman
907-283-2837 gratefulbudllc@gmail.com
Additional Contact Information
Documents
16474 Entity Docs.pdf 6.47MB
16474 Kenai City-Peninsula Borough combined Renewal Local
Government Notice.pdf
577.34KB
16474 MJ-20.pdf 1.4MB
16474 NOV combined with response.pdf 2.55MB
16474 online application original_Redacted.pdf 148.81KB
16474 POPPP (3).pdf 1.59MB
Page 189
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 7th Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
August 24, 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
MAldridge@kpb.us
slopez@kpb.us
ncarver@kpb.us
MBerg@kpb.us
License Number: 16474
License Type: Limited Marijuana Cultivation Facility
Licensee: GRATEFUL BUD LLC
Doing Business As: GRATEFUL BUD LLC
Physical Address: 1817 Sunset Blvd
Kenai, AK 99611
Designated Licensee: Jennifer Huffman
Phone Number: 907-283-2837
Email Address: gratefulbudllc@gmail.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
Page 190
arbitrary, capricious, and unreasonable. If the protest is a “conditional protest” as defined in 3 AAC
306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the
Marijuana Control Board may approve the license renewal, but require the applicant to show to the
board’s satisfaction that the requirements of the local government have been met before the director
issues the license.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to
approve renewal applications with no protests, objections, or notices of violation. However, if a timely
protest or objection is filed for this application, or if any notices of violation have been issued for this
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 191
AMCO
Alcohol and Marijuana Control Office
550 W 7th Avenue, Suite 1600
Anchorage, AK 99501
marijuana.licensing@alaska.gov
https ://www.commerce.alaska.gov/web/amco
Alaska Marijuana Control Board Phone : 907.269 .0350
Form MJ-20: Renewal Application Certifications
What is this form?
This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person
signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17 .38 and
3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.0lS(e)(l)) in
the business for which a marijuana establishment license is issued, per 3 AAC 306.0lS(a).
This form must be completed and submitted to AMCO's main office by each licensee (as defined in
3 AAC 306.020(b)(2)) before any license renewal application will be considered complete.
S ection 1 -Establishment Information
Enter information for the licensed establishment, as identified on the license application .
Licensee: Grateful Bud LLC I License Number: I 164 7 4
License Type: Limited Marijuana Cultivation Facility
Doing Business As: Grateful Bud LLC
Premises Address: 1817 Sunset Blvd
City: Kenai I State: !AK I ZIP: 199611
Section 2 -Individual Information
Enter information for the individual licensee who is completing this form.
Name: Jennifer Huffman
Title: Entity Official
Section 3 -Violations & Charges
Read each line below, and then sign your initials in the box to the right of any applicable statements:
I certify that I have not been convicted of any criminal charge in the previous two calendar years .
I certify that I have not committed any civil violation of AS 04, AS 17 .38, or 3 AAC 306 in the previous two calendar years.
I certify that a notice of violation has not been issued to this license between July 1, 2020 and June 30, 2021.
Sign your initials to the following statement only if you are unable to certify one or more of the above statements:
I have attached a written explanation for why I cannot certify one or more of the above statements, which includes
the type of violation or offense, as required un der 3 AAC 306.035{b).
[Form MJ-20) (rev 4/19/2021) cc
OUN 11 202r
Initials
Initials
Page 1of 2
Page 192
Alaska Marijuana Control Board
Form MJ-20: Renewal Application Certifications
Section 4 -Certifications & Waiver
Read each line below, and then sign your initials in the box to the right of each statement:
I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a
direct or indirect financial interest, as defined in 3 AAC 306 .0lS(e)(l), in the business for which the marijuana
establishment license has been issued .
I cert ify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit
(MJ -20a) along with this application.
I certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I certify that the license is operated in accordance with the operating plan currently approved by the
Marijuana Control Board .
I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and
requirements pertaining to employees .
I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board.
Initials
1 cert ify that I understand that providing a false statement on this form, the online application, or any other form provided II,_ H I
by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. ..J '· i e, Vl '\·, (:&r ti v r f rnn--0--. hNeby wolve my mnfident;ol;ty ,;gh" "ode, AS43 .05 .230(o) ood i I I
au t orize the State of Alaska, Department of Revenue to disclose any and all tax information regarding this marijuana J 1
license to the Alcohol and Marijuana Control Office (AMCO) upon formal request as part of any official investigation as long
as I hold , solely, or together with other parties, this marijuana license .
As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and
am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true,
correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and
unde rstand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license.
~,.l1/Jr .o,,,,~Y.!
Jen/\;f{A HvrF~"'--
Printed name of licensee
Subscribed and sworn to before me this ~ day of -S'-.l\/'\JL
My commission expires: _3..,.....,)~:N~ ......... Q~Q~~. __
20~.
Notary Public
K. SCOTT
State of Alaska
.AMCO
JUN 112021
My Commission Explre1 March 2, 2022
[Form MJ-20] (rev 4/19/2021) Page 2 of 2
License 11 ______ _
Page 193
Regarding the Notice of Violations received by Grateful Bud LLC on 9/30/2020
We received 3 NOVs in one email on Wed. Sept. 30, 2020, regarding tax delinquency. At that time, we
were already in conversation with the Department of Revenue regarding an informal Payment Plan for
July 2020, August 2020, and it would include October 2020 taxes as well. Those months were very high
tax months for us , in addition to some other bill necessary to keep the business running. For example, in
July of 2020, we owed over $17,000 in taxes to the state, despite being a small cultivation, with a
flowering area of only 16 feet by 24 feet.
We believe the NOVs were for the tax periods of April 2020 (paid August 13th, 2020), May 2020 (paid
September 23rd, 2020), June 2020 (paid September 23rd, 2020), and July 2020 (which we put on a
payment plan on November 2nd 2020 and completed payment on April 1st 2021).
Since the payment plan was established on November 2, 2020, we have faithfully and fully paid our
Payment Plan payments and our state tax payments, records of which have also been included to prove
that, although we have a remaining balance on Revenue Online, it is for tax payments last year prior to
the payment plan agreement made with the Department of Revenue .
We at Gr ateful Bud LLC recognize that we were in the wrong for delaying tax payments, and have been
striving ever since to ensure that the state gets their money in a timely fashion.
Thank you,
Grateful Bud LLC
AMCO
UUN 112021
Page 194
~:=· ================================================================
Departm e nt of Revenue
TAX DIV ISION
GOVERNOR Mlf<E DUNLEAVY
State Office B uil d ing
PO Box 110420
Juneau, Alaska 99811-0420
Main: 907.465.2320
Fa x: 907.465.2375
www .ta x.alaska.gov
November 02 , 2020
Letter ID: L 1617088512
JENNIFER N. HUFFMAN
1817 SUNSET BLVD
KENAI AK 99611-7048
Informal Payment Agreement
Dear JENNIFER N. HU F FMAN
EIN/SSN : XXX-XX-8413
Tax Type(s): Marij uan a Tax
As you requested, an informal payment agreement has been established for repayment of taxes, interest
and penalties due for tax period(s) 7/31/2020, 8/31/2020, and 10/31/2020. A minimum payment of
$3 ,860 .63 must be received in our office no later than November 30, 2020. Compounded interest is
currently accruing at 5.5% quarterly.
Installment Amount:
Account balance as of
Tax
Penalty
Interest
Balance Due
$3 ,860 .63
November 02, 2020
$36 ,198.11
$3,535.14
$210.15
$39,943.40
Payment of this installment must be received by the Department of Revenue on or before
November 30, 2020. Please send your payment with a copy of this letter or pay online by going to
online-tax.alaska.gov. Please be advised that if timely payment is not received by the department,
this agreement will be terminated and collection proceedings as stated below will commence.
Failure to make payments per this agreement will result in the department taking enforcement actions
such as the filing of state tax liens, the levy of accounts and receivables, as well as the seizure of both
real and personal property in amount sufficient to satisfy your liabilities to the Department of
Revenue. If you are authorized to conduct business under a license issued by the State of Alaska , that
license will be suspended per AS 43.10.045 . until the account has been paid in full or other arrangements
are agreed to by the state.
If you have any questions or concerns, please contact the Accounting and Collections Group at
907.465.2385 or dor.tax.collections@alaska.gov.
co
~JUN 11 Z02.t
1006
Page 195
REMITTANCE COPY
Return this copy with installment payment
November 02, 2020
JENNIFER N. HUFFMAN
1817 SUNSET BLVD
KENAI AK 99611-7048
Informal Payment Agreement
Installment due date: November 30, 2020
Minimum Installment Amount: $3 ,860.63
Installment Amount remitted: $. ______ _
Mail installment payment to :
Department of
Revenue
TAX DIVISION
Accounting and Collections
PO Box 110420
Juneau, Alaska 99811-0420
EIN/SSN: XXX -XX-8413
Tax Type: Marijuana Tax
Or make a payment on line by going to: online-tax.alaska.goy
AMCO
UUN 112021
1006
Page 196
FAYMENT$
1 of 2 1-100of183
Period "' Payment Received Type Amount
31-Jul-2020 01-Apr-2021 Payment Plan Payment 1,000.00
31-Ju l-2020 25-Jan-2021 Payment Plan Payment 1,000.00
31-Ju l-20 20 29-Apr-2021 Payment Plan Payment 1,000 .00
31-Jul-2020 01-Apr-2021 Payment Plan Payment 1,000 .00
31-Jul-2020 28-Dec-2020 Payment Plan Payment 1,000.00
31-Jul-2020 16-Nov-2020 Payment Plan Payment 1,000.00
31-Jul-2020 26-Feb-2021 Payment Plan Payment 1,000 .00
31-Jul-2020 16-Nov-2020 Payment Plan Payment 860.63
31-Jul-2020 25-Jan-2021 Payment Plan Payment 860.63
31-Jul-2020 25-Jan-2021 Payment Plan Payment 1,000.00
31-Jul-2020 26-Feb-2021 Payment Plan Payment 1,000.00
31-Jul-2020 28-Dec-2020 Payment Plan Payment 860 .63
31-Jul-2020 25-Jan-2021 Payment Plan Payment 1,000.00
31-Jul -2020 01-Apr-2021 Payment Plan Payment 1,000.00
31 -Jul-2020 29-Apr-2021 Payment Plan Payment 708 .12
30-Jun-2020 23-Sep-2020 Estimated Payment 1,000 .00 ~(>\)'1_
30-J u n-2020 23-Sep-2020 Estimated Payment 1,000.00
30-Jun-2020 23-Sep-2020 Estimated Payment 226.51
30-Jun-2020 23-Sep-2020 Estimated Payment 1,000.00
30-Jun-2020 23-Sep-2020 Estimated Payment 1,000.00
30-Jun-2020 23-Sep-2020 Estimated Payment 1,000.00
30-J u n-2020 23-Sep-2020 Estimated Payment 1,000 .00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00 NOV?
31-May-2020 23-Sep-2020 Estimated Payment 1,000 .00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00
31-May-2020 23-Sep-2020 Estimated Payment 1,000.00
31-May-2020 23-Sep-2020 Estimated Payment 875 .3 5
30-Apr-2020 21-Jul-2020 Return Payment 1,000.00 \/J 'oQ,\ \~\J{_ w s ND\)s {e_ce\\Je.d. -Q.. 30-Apr-2020 18-Aug-2020 Return Payment 1,000 .00
we-<t 4~ 30-Apr-2020 18-Aug-2020 Return Payment 89.41 Of\ q \30\1010
30-Apr-2020 21-Jul-2020 Return Payment 635 .01 1o..'f-. ?e.{l.\ oO.. <j o~ f\~\\_ 207_D I
30-Apr-2020 21-Jul-2020 Return Payment 1,000 .00
f'r\o..'{ 7-0W, S<..Jf\e... 'LOZD 1 Ckf\ti 'Jvl'll.® 30-Apr-2020 18-Aug-2020 Return Payment 1,000 .00
30-Apr-2020 18-Aug-2020 Return Payment 1,000.00 -1\-\e..se.. ~ec.cxt;lS '3 ~ -t'NJse.. ~O\)s
30-Apr-2020 18-Aug-2020 Return Payment 1,000 .00 '<-o\Je. ioe.e.'(\ c..\O...
31-Mar-2020 21-Jul-2020 Return Payment 1,000.00
31-Mar-2020 05-Aug-2020 Bill Payment 183 .00
31-Mar-2020 21-Jul-2020 Return Payment 1,000.00
31-Mar-2020 21-Jul-2020 Return Payment 1,000 .00
31-Mar-2020 21-Jul-2020 Return Payment 595 .30
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00 AMCO
,,..
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00 UN 11202 !
29-Feb-2020 21-Jul-2020 Return Payment 1,000 .00
29-Feb-2020 21-Jul-2020 Return Payment 541.55
Page 197
PAYMEN"'/S Fiilr::r
1 of 2 1 -100 of 183
Period "' Pa yment Rec eived Type Amount
30-Apr-2021 01 -Jun-2021 Return Payment 1,000 .00
30-Apr-2021 01 -Jun-2021 Return Payment 608 .52
30-Apr-2021 01 -Jun-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 21.69
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return Payment 1,000.00
31-Mar-2021 29-Apr-2021 Return P~yment 1,00 0.00
28-Feb-2021 01-Apr-2021 Return Payment 1,000.00
28-Feb-2021 01-Apr-2021 Return Payment 1,000 .00
28-Feb-2021 01-Apr-2021 Return Payment 814 .50
28-Feb-2021 01-Apr-2021 Return Payment 1,000.00
28-Feb-2021 01-Apr-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 736 .67
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Jan-2021 26-Feb-2021 Return Payment 1,000.00
31-Dec-2020 25-Jan-2021 Return Payment 1,000.00
31-Dec-2020 25-Jan-2021 Return Payment 1,000.00
31-Dec-20 20 25-Jan-2021 Return Payment 1,000.00
31-Dec-2020 25-Jan-2021 Return Payment 1,000.00
31 -Dec-2020 25-Jan-2021 Return Payment 1,000.00
31-Dec-2020 25-Jan-2021 Return Payment 498.64
30-Nov-2020 28 -Dec-2020 Return Payment 1,000.00
30-Nov-2020 28-Dec-2020 Return Payment 433 .90
30-Nov-2020 28-Dec-2020 Return Payment 1,000.00
30-Sep-2020 22-0ct-2020 Return Payment 320 .12
31-Aug-2020 01-Jun-2021 Payment Plan Payment 1,000.00
31-Aug-2020 29-Apr-2021 Payment Plan Payment 1,000.00
31-Aug-2020 01-Jun-2021 Payment Plan Payment 1,000.00
31-Aug-2020 29-Apr-2021 Payment Plan Payment 860 .63
31-Aug-2020 29-Apr-2021 Payment Plan Payment 291 .88
31-Aug-2020 01-Jun-2021 Payment Plan Payment 860 .63
31-Aug-2020 01-Jun-2021 Payment Plan Payment 1,000.00
31-Jul-2020 01-Apr-2021 Payment Plan Payment 860.63 Nt>\/~
31-Jul-2020 16-Nov-2020 Payment Plan Payment 1,000.00
31-Jul-2020 26-Feb-2021 Payment Plan Payment 860.63 A.MG
31-J ul-2020 16-Nov-2020 Payment Plan Payment 1,000.00
31-Jul-2020 28-Dec-2020 Payment Plan Payment 1,000.00 !JUN 112021
31-Jul-2020 26-Feb-2021 Payment Plan Payment 1,000 .00
31-Jul-2020 28-Dec-2020 Payment Plan Payment 1,000.00
Page 198
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: September 8, 2021
SUBJECT: October 5, 2021 Regular City Election – Precinct Election Boards
Pursuant to KMC 6.05.040, which requires that City Council appoint the members of the precinct
boards, I am respectfully requesting the following be appointed to work on the Precinct Boards
for Kenai Precincts as listed:
Kenai No. 1, 30-210 Kenai No. 2, 30-230 Kenai No. 3, 30-240
Carol Freas Barbara Norbeck Sharon Efta
Virginia Walters Martha “Marti” Pepper Mike Efta
Barbara Jedlicki Jane Russell Jenny Hammond
Kit Hill Arlene “Susan” Smalley Rebecca Lunford
Joan Seamam Agnes “Marie” Weller Christine Forbes
Janell Weller
Thank you for your consideration.
Page 199
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: September 1, 2021
SUBJECT: Action-Approval - Special Use Permit to Ravn Alaska
Ravn Alaska is requesting a Special Use Permit effective October 1, 2021 through April 30, 2022.
The Permit is for heated overnight storage for a deicing vehicle. The storage area is
approximately 1,200 square feet in Warm Storage 1 for $1,200 a month plus applicable sales tax.
Ravn Alaska is current on all fees owed and we have current Certificates of Insurance. The
Special Use Application has been received and the $100 application fee is paid.
Page 200
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to CORVUS AIRLINES, INC, d/b/a RAVN ALASKA, LLC (PERMITTEE) the non-
exclusive right to use 1,200 square feet of area as described below:
Tract A FBO Subdivision consist ing of approximately 1,200 square feet in an area described as
Warm Storage 1.
and as further shown in the attached Exhibit A.
1. TERM. This special use perm it shall be for approximately seven (7) months from October
1, 2021 to April 30 , 2022 .
2. PERMIT FEES . The Permittee shall be charged a monthly permit fee of $1 ,200 plus
applicable sales tax .
The Permittee shall pay the City the permit fee by the 101h day of the preceding month .
Checks , bank drafts , or postal money orders shall be made payable to the City of Kenai and
delivered to the City Hall , 21 O Fida Igo Avenue, Kenai , Alaska 99611 .
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate parties
all levies , assessments, and charges as hereinafter provided :
A. Sales tax nor enforced, or lev ied in the future , computed upon the permit fee payable
in monthly installments whether said fee is paid on a monthly or yearly basis ;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State,
Borough , City , or by any other tax levying body , upon any taxable possessory right
which Permittee may have in or to the Premises by reason of its use or occupancy
or by reason of the terms of this Permit, provided however, that nothing herein
contained shall prevent Permittee from contesting any increase in such tax or
assessment through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent
(10%) of any amount of money owed under this Special Use Permit which are not
paid on or before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited to
recording costs .
E. Annual Special Use Permit Application fee of $100.00 .
3. USE. The use by the Permittee of the Premises is limited to the purpose of Storage for De-
ice Vehicle. This use is subject to City, Borough , and State laws and regulations and the
Special Use Permit-Ravn Alaska , LLC -2021/2022 Warm Storage Page 1 of 6
Page 201
reasonable administrative actions of the City for the protect ion and maintenance of the
Prem ises and of adjacent and contiguous lands or facilities . Use of the Prem ises is subject
to the following conditions:
A. Permittee shall use the Premises only for storage of one de-ice vehicle .
B. The premises shall be returned to its current condition prior to the end of the term of
this Special Use Permit.
4 . INSURANCE. Permittee shall secure and keep in force adequate insurance, as stated
below, to protect City and Permittee . Where specific limits are stated , the limits are the
minimum acceptable limits . If Perm ittee 's insurance policy contains higher limits , the City is
entitled to coverage to the extent of the highe r limits .
A. Garage Liability or Commercial General Liability Insurance , including Prem ises , 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 addit ional insured.
B. Worker's Compensation Insurance with coverage for all employees engaged in work
under this Perm it or at the Prem ises as required by AS 23 .30.045. Permittee is
further responsible to provide Worker's Compensation Insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1 ,000 ,000 combined single
limit per occurrenc'e. This insurance must cover all owned , hired, and non-owned
motor vehicles the Permittee uses for snow moving and storage activities to , from,
or on the Premises. The po licy must name the City as an additional insured .
D. All insurance required must meet the following additional requirements :
i. All policies will be by a company/corporation currently rated "A-" or better by
A.M . Best.
ii. 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 Perm ittee'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 30 days before any termination ,
cancellation , or material change in insurance coverage of any policy required
hereunder.
Special Use Permit -Ravn Alaska, LLC -2021/2022 Warm Storage Page 2 of 6
Page 202
v. Evidence of insurance coverage must be submitted to City by October 1,
2021 . The effective date of t he insurance shall be no later than October 1,
2021 .
vi. This insurance shall be primary and exclus ive of any ot her insurance carried
by the City of Kena i. This insura n ce shall be without li mitation on the time
w ithin wh ich the resulting loss, damage , or injury is actually sustained .
5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall fully
indemnify, hold harmless, and defend the City of Kenai , its officers , agents, employees , and
volunteers at its own expense from and against any and all actions, damages, costs , liabi lity,
cla ims, losses, judgments , penalties , includ ing reasonable Attorn ey's fees of or for liabil ity
for any wrongful or negligent acts , errors, or omissions of the Permittee, its officers , agents
or employees , or any subcontractor under this Permit. The Permittee shall not be required
to defend or indemnify the City for any claims of or liability for any wrongful or negligent act,
error, or omission solely due to the independent negligence of the City. If there is a claim of
or liability for the joint negligence of the Permittee and the independent negligence of the
City, the indemn ification and hold harmless obligation shall be apportioned on a comparative
fault bas is. Apportionment shall be established upon final determination of the percentage
of fault. If any such determination is by settlement, the percentage of fault attributed to each
party for purposes of th is indemnification provision shall only be binding upon the parties
included in the settlement agreement. "Permittee" and "City" as used in this article include
the employees, agents, officers , directors , and other contractors who are directly
responsible, respectively, for each party . The term "independent negligence of the City" is
negligence other than in the City's selection , administration , monitoring , or controlling of the
Perm ittee .
6 . PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS. Perm ittee w ill not
perm it any liens , including mechanic's, laborer's , construction , supplier's , mining, or any
ot her liens obtainable or ava ilable under ex isting law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the r ight to provide a bond as
contemplated by Stat e of Alaska law and contest the validity or amount of any such l ien or
claimed lien . Upon the final determination of the lien or claim for lien , the Pe rmittee w ill
immediately pay any judgment rendered w ith all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee 's own expense .
7. PERSONALTY. Perm ittee shall remove any and all personal property, including all
vehicles , from the Premises at the termination of this Permit. Personal property placed or
used upon the Prem ises and not removed upon termination of this Permit w ill be removed
and/or impounded by the C ity. Property removed or impounded by the C ity may be
redeemed by the owner thereof only upon the payment to t he C ity of the costs of removal
plus a storage fee of $25 per day. The City of Kenai is not responsible for any damage to or
theft of any personalty of Permittee or its customers.
8 . FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained , or referred to , shall not constitute or be constr ued
as a waiver o r rel inqu ishment of the right to exercise such terms , cond itions, or
requ irements .
Specia l Use Permit-Ravn Alaska , LLC -2021/2022 Warm Storage Page 3 of 6
Page 203
9 . TERMINATION, DEFAULT. Th is Permit may be terminated by either party hereto by giving
30 days advance written notice to the other party. The City may term inate the Pe rmit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
Ci t y may also terminate t his Permit immediately, or upon notice shorter than 30 days , due
to a fa ilure of Perm ittee to comply w ith cond itions and terms of th is Permit, which failure
remains uncured after not ice by Cit y to Permittee providing Permittee with a reasonable
t ime period to correct the violation or breach .
• 10 . NO DISCRIMINATION . Permittee will not d iscrim inate on the grounds of race, colo r,
rel igion , national origin , ancestry, age , or se x aga inst any patron , employee , appli cant for
employment , or ot her person or group of pe rso ns in any manner prohibited by federal or
State law. Permittee recogn izes the right of the City to take any action necessary to enforce
th is requ irement.
11 . ASSIGNMENT. Perm ittee may not assign, by grant or implication, the whole any part of
this Permit , the Premises, or any improvement on the Premises without the written consent
of t he City . Unless the City specifically re leases the Permittee in w ri ting , the Ci ty may ho ld
the Perm ittee respons ible for perform ing any ob li gation under this perm it which an assignee
fai ls to perform .
12. ASSUMPTION OF RISK. Pe rmittee 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.
13. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Perm ittee in the conduct of its business or activities on the Premises .
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation , termination , or expiration of this Permit.
15 . AUTHORITY. By signing th is Permit , Perm ittee represents that is has read this agreemen t
and consents to be bound by the terms and conditions herein and that the person signing
th is Perm it is duly authorized by the bus iness t o bind the bus iness here under.
Special Use Permit -Ravn A laska , LLC -2021/2022 Warm Storage Page 4 of 6
Page 204
CITY OF KENAI
Paul Ostrander
City Manager
Date :
Corvus Airlines, Inc. dba Ravn Alaska, LLC
Dallas Anthony
Director of Airports
Date:
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS
THIRD JUDICIAL DISTRICT )
THIS JS TO CERTIFY that on this __ day of , 20_, 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 , 20_, the foregoing instrument was
acknowledged before me by Dallas Anthony, Director of Airports of Corvus Airlines, Inc . dba Ravn
Alaska, LLC, an Alaska limited liability company, on behalf of the company.
Notary Public for Alaska
My Commission Expires :
Special Use Permit -Ravn Alaska , LLC -2021/2022 Warm Storage
---------
Page 5of6
Page 205
ATTEST :
Jamie Heinz , CMC , City Clerk
SEAL:
APPROVED AS TO FORM:
Scott Bloom , City Attorney
Special Use Permit-Ravn Alaska , LLC -2021/2022 Warm Storage Page 6 of 6
Page 206
• • 'tlty·<>.f~K'eit'ii~Sh'filfiAT.u ~-"J:lfi:\ I j;,""1!' I" '...;, ~/ fl .. fl :~~ , , ...... ~ ~r!t.:.., "'l'ri~ JJlt! 4ty •. -Exhibit A: Ravn Alaska Special Use Permit Area City of Kenai Shop Yard Parcel No: 04336001 Tract A, FBO Subdivision 125' 1 inch equals 145 feet ~ '~~ The information depicted hereon is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map. Date: 1 /30/2020 Page 207
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3246-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING AN AIRPORT IMPROVEMENT PROGRAM GRANT FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR
THE PURCHASE OF SNOW REMOVAL EQUIPMENT – MULTI-PURPOSE BROOM/BLOWER.
WHEREAS, the City received a grant from the Federal Aviation Administration for the replacement
of a runway snow blower and broom; and,
WHEREAS, acceptance and appropriation of this grant totaling $715,586 was enacted by
Ordinance 3229-2021; and,
WHEREAS, additional grant funds were received totaling $47,706; and,
WHEREAS, with the above grant amounts, 100% of the cost of the multi-purpose broom/blower
shall be covered by grant funds, no additional City share will be required; and
WHEREAS, this appropriation is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept additional grant funding for $47,706
from the Federal Aviation Administration.
Section 2. That the revenues and appropriations be increased as follows:
Airport Snow Removal Equipment Capital Project Fund:
Increase Estimated Revenues -
FAA Grant 3-02-0142-068-2021 $47,706
Increase Appropriations –
Equipment $47,706
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.
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Ordinance No. 3246-2021
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 3 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 6th day of October, 2021
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Approved by Finance: _________________
Introduced: September 15, 2021
Enacted: October 6, 2021
Effective: October 6, 2021
Page 209
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: September 3, 2021
SUBJECT: Ordinance 3246 - 2021 – Accepting Additional Grant Funds For
Purchase of Multi-Purpose Broom/Blower
The purpose of this memo is to request Council’s approval to accept additional 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 3229-2021 was enacted August 18, 2021
accepting $715,586 in grant funds. Additional grant funds from the FAA “CRSSA” totaling $47,706
have been received.
This piece of equipment is integral to the safe and efficient operation of the airport. Council’s
approval to accept these additional funds would mean 100% of the cost of this new multi-purpose
blower/broom would be covered by FAA grant funds.
Council’s support is respectfully requested.
Page 210
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3247-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER SPECIAL
REVENUE AND WATER AND SEWER IMPROVEMENTS CAPITAL PROJECT FUNDS,
AWARDING A PROFESSIONAL SERVICES AGREEMENT AND CORRESPONDING
PURCHASE ORDER FOR MISSION AVENUE WATER MAIN REPAIRS.
WHEREAS, the City of Kenai entered into a term service agreement with HDL Engineering
Consultants LLC in May 2020 after the successful completion of the Request for Proposals
process to provided professional engineering services on water, sewer, and waste water capital
improvement projects; and,
WHEREAS, Task 7 under this agreement is intended to provide bid ready construction documents
to address an aging water main in close proximity to the bluffs edge along Mission Avenue; and,
WHEREAS, this project will provide installation of several new water main valves to isolate
approximately 400’ of piping and installation of new replacement service lines from the main to
the curb stop valve in an effort to prevent erosion from creating an eventual interruption to services
to properties in the area; and,
WHEREAS, the properties primarily being affected by this work are 902 and 906 Mission Ave,
603 and 604 Main St; and,
WHEREAS, addressing this work now in a controlled manner will be far less expensive and
impactful than attempting to after failure; and,
WHEREAS, completion of this work at this time is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the Administration is authorized to award a professional services agreement
and issue a purchase order in the same amount of $33,141 to HDL Engineering Consultants LLC
for Work identified as Task 7, services include design and bid phase services as well as
construction administration services.
Section 2. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $150,000
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Ordinance No. 3247-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Increase Appropriations –
Water & Sewer Improvements Capital Project Fund
Design $20,000
Construction $130,000
Total $150,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of October, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: September 15, 2021
Enacted: October 6, 2021
Effective: October 6, 2021
Page 212
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: September 8, 2021
SUBJECT: Ordinance No. 3247-2021
The purpose of this memo is to request Council’s approval to appropriate funds from the Water
Sewer Special Revenue Fund and awarding Task 7s work to HDL Engineering Consultants LLC
to address an emerging issue with a water main along Mission Ave.
HDL Engineering continues to support the City under a term agreement enacted in May 2020.
Task 7 will address a water main, which we believe has been in place since 1964. With the
ongoing bluff erosion in the area, the main is now nearing the exposed edge of the bluff face.
This project will install several new water main valves which will allow the Water Department to
better control the distribution system in this area, and will reroute several properties water
services back to a more secure location on the water main, abandoning the piping which is most
at risk of eventually failing and falling off the bluff.
The Department is intending to address this now, to minimize future impact to residents in the
area. The project is not included within the current Capital Improvement Plan, however it has
been identified during the facility and infrastructure assessments that have been ongoing with
staff and the engineering team. This is a priority project for the department, completion of the
work is in the best interest of the City. Photo below shows the project area.
Council’s support is respectfully requested.
Page 213
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: September 9, 2021
SUBJECT: Discussion Item – Request to Schedule a Joint Work Session for the
Draft Land Management Plan
In 2018, City Council approved a City-wide approach to land management through the
development of the City’s first Land Management Plan. Since that time, Administration has worked
diligently to draft a Land Management Plan to inventory, evaluate, and develop recommendations
related to City-owned lands.
The City of Kenai Imagine Kenai 2030 Comprehensive Plan includes economic development and
land use goals and objectives to develop a land inventory and land use strategies to implement a
forward-looking approach to community growth and development. The goals of the Land
Management Plan incorporate many of these objectives and include the following:
• Provide an inventory of City-owned lands with detailed information on each parcel.
• Identify properties required for a public purpose or to meet a future public need.
• Establish recommendations for individual parcels that are surplus to the needs of the City
to assist in responsible development.
• Create a comprehensive reference document that establishes a format for developing
land management policies and procedures.
One of the City’s greatest assets is its land inventory. The City owns 369 subdivided parcels,
including wetlands, tidelands, lands surrounding the Kenai Airport, and lands suitable for a variety
of business, commercial, industrial, residential, recreational, and cultural purposes. The Land
Management Plan is an important tool to spur economic growth and improve the quality of life for
Kenai residents and is key to the long-term viability of the City.
Administration is looking to schedule a Joint Work Session with the City Council, Planning and
Zoning Commission, Airport Commission, Parks and Rec Commission, and Harbor Commission
to provide a presentation on the Draft Land Management Plan. It is our intent to provide copies of
the Draft Plan in advance of the scheduled work session. Due to the 2021 City of Kenai Election
Calendar, scheduling the Joint Work Session for the second week of October would allow
Administration to invite the two Council Member-elects to attend.
Your consideration is appreciated.
Page 214
KENAI AIRPORT COMMISSION
SPECIAL MEETING
AUGUST 26, 2021 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, K. Dodge, D. Leichliter, J. Zirul
J. Bielefeld, D. Pitts, P. Minelga
Staff/Council Liaison Present: Airport Manager E. Conway, City Manager P. Ostrander,
Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Zirul MOVED to approve the agenda as written and Vice Chair Dodge SECONDED
the motion. There were no objections; SO ORDERED.
2. UNSCHEDULED PUBLIC COMMENT – None.
3. NEW BUSINESS
a. Discussion/Recommendation – Kenai Waterfront Revitalization Feasibility Study
Airport Manager Conway explained that Ordinance No. 3237-2021 was introduced on August 4,
2021 and prior to the meeting the City Council had held a work session to discuss the opportunity
for Kenai waterfront revitalization with the community and waterfront property owners. He noted
that the area in consideration spans from Millennium Square to the City Dock, over 160 acres of
property.
The waterfront revitalization initiative was further explained by City Manager Ostrander, and he
led a discussion on the feasibility study which would look at the Kenai waterfront for development.
This report would accomplish looking at ways to incentivize development to create economic
opportunities. It was estimated that it would take six months to complete, and discussion in
Page 215
____________________________________________________________________________________
Airport Commission – Special Meeting Page 2 of 2
August 26, 2021
involved what the City can do to encourage development in this area. Clarification was provided
that this would be a mix of private and public land.
MOTION:
Commissioner Leichliter MOVED to recommend approval of Ordinance No. 3237-2021 for
increasing estimated revenues and appropriations in the General Fund – Land Administration
Department to provide funding for a Kenai waterfront revitalization feasibility study.
Commissioner Zirul SECONDED the motion.
VOTE: There were no objections; SO ORDERED.
MOTION PASSED UNANIMOUSLY.
4. NEXT MEETING ATTENDANCE NOTIFICATION – September 9, 2021
5. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Leichliter noted that he is excited to see a project like this moving forward.
Commissioner Zirul agreed that this would be a great project.
6. ADDITIONAL PUBLIC COMMENT – None.
7. ADJOURNMENT
MOTION:
There being no further business before the Commission, the meeting was adjourned at 6:27 p.m.
Meeting summary prepared and submitted by:
________________________
Meghan Thibodeau
Deputy City Clerk
Page 216
A. CALL TO ORDER
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 25, 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:
Commissioners absent:
J. Twait, J. Halstead, A Douthit, D. Fikes, G. Woodard, G.
Greenberg, R. Springer
Staff/Council Liaison present: Planning Director R. Foster, Planning Assistant W.
A quorum was present.
3. Agenda Approval
MOTION:
Anderson, Deputy City Clerk M. Thibodeau, Council Liaison
J. Glendening
Vice Chair Fikes MOVED to approve the agenda as written and Commissioner Woodard
SECONDED the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Vice Chair Fikes MOVED to approve the consent agenda and Commissioner Douthit 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 217
B. APPROVAL OF MINUTES
1. *Regular Meeting of August 11, 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-None.
G. UNFINISHED BUSINESS -None.
H. NEW BUSINESS
1. Action/Approval -Recommendation for Ordinance No . 3237-2021 -Increasing
Estimated Revenues and Appropriations in the General Fund -Land Administration
Department to Provide Funding for a Kenai Waterfront Revitalization Feasibility
Study.
MOTION:
Vice Chair Fikes MOVED to recommend approval of Ordinance No. 3237-2021 for increasing
estimated revenues and appropriations in the General Fund -Land Administration Department
to provide funding for a Kenai waterfront revitalization feasibility study. Commissioner Douthit
SECONDED the motion.
Planning Director Foster explained that on August 4, 2021 the City Council had held a work
session to discuss the opportunity for Kenai waterfront revitalization with the community and
waterfront property owners. The first step in the process would be to conduct a feasibility study
with the help of a consulting firm, with the intention of taking a fresh look at the waterfront and
reconsidering what this area could be. Foster shared his perspective as a city planner, noting
that many communities both big and small utilize their waterfronts and this could be a great
catalyst for the community. He explained that the study would take a multidisciplinary approach
and would look at land use and economic development incentives, and if it moves forward to
getting an RFP and a consultant on board, the Planning and Zoning Commission will continue to
be involved .
Discussion involved the boundaries of the waterfront area and whether the areas planned to be
stabilized through the Bluff Erosion Project would be part of this area, the involvement of the
Army Corps of Engineers, whether the project can benefit from studies that were conducted for
Cannery Road development; how waterfront landowners will be approached about the project,
how the project can tie in with a Harbor Master Plan, bike path construction and harbor
dredging. It was noted that the feasibility study would potentially look into many of these issues
to determine how they would tie into waterfront revitalization.
Planning and Zoning Commission Meeting
August 25, 2021
Page 2 of 4
Page 218
Concerns were expressed about potential pushback from waterfront property owners, economic
instability, and whether this would have the support of the fishing industry who may oppose
having their commercial areas developed in a different direction. Clarification was provided that
these concerns could be explored by a consultant during the feasibility study.
VOTE:
YEA: Halstead, Woodard, Greenberg, Douthit, Springer, Fikes, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS -None.
J. REPORTS
1. City Council -Council Member Glendening reported on the actions from the August
18, 2021 City Council meeting .
2. Borough Planning-Vice Chair Fikes reported on the actions from the August 23, 2021
Borough Planning Commission Meeting .
3. City Administration -Planning Director Foster reported on the following :
• No applications have been submitted for the September ath meeting, and there is
one on the schedule for the meeting of September 22nd;
• Administrative Assistant Willie Anderson is retiring, and her last meeting will be
on September 22nd;
• Two Board of Adjustment decisions will be provided as informational items for
next packet;
• Received notification from Kenai Peninsula Borough regarding the Black Gold
Subdivision right of way vacation the Commission approved, which will be sent to
Council for their September 15th meeting .
K. ADDITIONAL PUBLIC COMMENT -None.
Vice Mayor Bob Molloy noted that he had two purposes for coming to this meeting, first was to
hear their discussion on the feasibility study, and the second is to inform them of Ordinance No.
3243-2021 which will be introduced during the City Council Meeting on September 1st and will
come to the Planning & Zoning Commission for approval at their September ath meeting . He
noted that he has been working with the Planning Director and City Clerk to develop the
ordinance, which will clarify the roles and responsibilities of applicants, the Planning Director, and
the Planning Commission in the conditional use permitting process and also make housekeeping
changes.
L. INFORMATIONAL ITEMS-None.
M. NEXT MEETING ATTENDANCE NOTIFICATION
Planning and Zoning Commission Meeting
August 25, 2021
Page 3 of 4
Page 219
1. September 8, 2021
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Douthit noted he will be out of town on the September 22, 2021 meeting .
Commissioner Halstead said he appreciates the opportunity to work on the waterfront
revitalization project and looks forward to it, and expressed confidence in the Planning Director's
ability to get the project underway.
Commissioner Greenberg noted that he thinks this looks like a good project.
Council Member Glendening stated he was in support of the Commissions discussion, and
expressed that he had heard broad but good ideas and questions during the meeting tonight. He
also stated that the Harbor Master Plan fits in with the project as well, and encouraged the
Planning & Zoning Commission and Harbor Commission to stay closely involved in the process.
0. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:33 p.m.
Minutes prepared and submitted by:
Meghan Thi o eau
Deputy City Clerk
Planning and Zoning Commission Meeting
August 25, 2021
Page 4 of 4
Page 220
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Eland Conway, Airport Manager
DATE: September 2021
SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report
SOAR AeroCenter Groundbreaking
On Wednesday, September 1, SOAR International
Ministries broke ground on the future site of the $3.5M
SOAR AeroCenter. The Fixed Based Operator (FBO) will
provide much needed services and amenities to general
aviation aircraft and business jets. ENA’s newest and
only FBO will strengthen the airport’s marketability.
Runway Closure
Big Mike’s General Contracting is expected to begin airfield drainage improvements Monday,
September 27. The drainage improvements are in the runway safety area requiring nightly runway
closures to minimize impacts to air carriers during the day. Runway closures will begin at 23:00
or after the last air carrier operation and reopen prior to the first air carrier operation or 05:00.
The project replaces approximately 488 linear feet of existing storm drain that is failing or in mostly
poor condition and historically causing sink holes in the runway safety area. Work is anticipated
seven days per week through October 18 or until the project is complete.
The total project cost estimate is $530,945 with 100% likely being funded by the FAA.
Federal Mask Mandate
TSA has extended the mask mandate for persons in airports, on airplanes and on
public transit through Jan. 18, 2022.
Although the mandate was set to expire Sept. 13, the agency noted that the surge
in coronavirus cases, due to the highly transmissible delta variant, required the
mask mandate to be extended.
Page 221
Page 2 of 2
Airport Mid-Month Report
Page 2 of 2
Enplanements
July enplanements were down
just 13% compared to July of
2019. YTD enplanements are
down 33% compared to 2019.
Parking Revenue
Parking revenue for July was
down just 4% compared to July
of 2019. YTD parking revenue is
down 35% compared to 2019.
Enplanements
2019 2021
Jan 6785 3389
Feb 5957 3112
Mar 6808 4127
Apr 6441 4035
May 7198 4464
Jun 7656 5953
Jul 10658 9259
Grand Total 51503 34339
Parking Revenue
2019 2021
Jan 17143 6626
Feb 18660 8373
Mar 19540 11315
Apr 19444 11757
May 18460 15309
Jun 18112 14236
Jul 16993 16295
Grand Total 128,352 83,910
Page 222
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: September 1, 2021
SUBJECT: August 2021 Monthly Report
This month the Kenai Animal Shelter took in 53 animals. Animal intake and disposition:
DOGS:
INTAKE 28 DISPOSITION 18
Waiver 0 Adopted 6
Stray 5 Euthanized 2
Impound 0 Claimed 7
Protective Custody 2 Field Release 0
Quarantine 4 Transferred 3
Microchips 17 Other Dispositions 0
Other Intakes
CATS:
INTAKE 25 DISPOSITION 16
Waiver 10 Adopted 6
Stray 15 Euthanized 0
Impound 0 Claimed 3
Protective Custody 0 Field Release 0
Quarantine 0 Transferred 7
Page 223
Page 2 of 2
14 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
26 Animals are known borough animals
14 Animals are known City of Kenai
6 Animals are known City of Soldotna
7 Animals from unknown location
34 Field Investigations & patrols
5.05 Volunteer Hours Logged
0 Citations
0 Educational Outreach
Statistical Data:
623 2019 YTD Intakes
502 2020 YTD Intakes
421 2021 YTD Intakes
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: 3 OTHER STATISTICS:
Dog 1 Licenses (City of Kenai Dog Licenses) 5
Cat 2
Page 224
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Sue Best, Acting Finance Director
DATE: September 9, 2021
SUBJECT: Finance Department, September 2021 Mid-month Report
With the end of FY2021, the department’s focus is on closing the financial records and submission
of various records to the Auditors. The annual audit is scheduled for the week of October 4th.
The expansion of the IT Department has already created benefits for the City of Kenai and its
employees. Response times have been reported becoming shorter causing less downtime for
employees waiting for assistance. The implementation of the online Help Desk Portal has
streamlined services.
Page 225
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: September 7th, 2021
SUBJECT: Fire Department Mid-Month Report – August
Calls for service in August were again up from last year. This is our highest calls for service in the
month of August to date. Here is the breakdown for calls for service.
We have completed our last Wednesday Market event and are continuing to do home visits for
additional vaccine administration. To date; we have administered 1012 vaccines and will continue
as more appointments are made and vaccine availability continues.
Engineer Scott Summers and Firefighter Ben Nabinger attended an Airpak Technician class at
CES to be able to service our new model of Airpaks. This class updated all 3 agencies that were
included in our FEMA Grant that purchased new Airpaks.
Continued work on the Community Wildfire Protection Project included submitting a needs
assessment for the City of Kenai to KPB OEM. We compiled a list of projects that would benefit
the residents and City with funding available in the future.
We have completed an initial draft of the Emergency Operations Plan and we are reviewing it for
additional changes needed. Mary Toll has been exceptional in research and updating critical
information needed in the plan so far.
Page 226
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: September 2, 2021
SUBJECT: Library Mid-Month Report for August 2021
August 2021 at a Glance
Items Borrowed Aug-20 Aug-21 2021 YTD
Physical 4,975 5,982 42,010
Digital 1,575 1,542 13,123
Services
New Memberships 31 54 288
Room Reservations n/a 100 296
Programs
Number of Programs 14 20 139
People Reached (e.g., DIY Kits)n/a 367 1,408
People Reached Virtually n/a 813 6,243
Technology Sessions
Computer sessions 374 472 2,596
WiFi Sessions 2,799 5,978 34,395
Early Literacy Station Sessions n/a 129 500
Page 227
Page 2 of 2
August 2021 programming highlights
• 20 programs
o 12 virtual programs
Story times for ages 0-5 (371 total views within 7 days of program)
Let’s Draw (34 total views within 7 days of program)
Lego® Club (79 total views within 7 days of program)
Maker Monday (53 total views within 7 days of program)
Jr. Art Club (57 total views within 7 days of program)
Grass basket weaving (102 total views within 7 days of program)
o 3 DIY kits (a total of 160 kits handed out)
o 5 in-person programs
Outdoor Story Time (36 attendees)
Summer Reading Grand Finale (100 attendees)
August 2021 library services highlights
• We received a grant from the Alaska State Library to install a StoryWalk®.
• Summer Reading final numbers are in:
o We provided a total of 1223 meals to children 18 or under between June 1 and
August 15, 2021. The Summer Food Program was made possible by the Food
Bank of Alaska.
o 114 adults, 51 teens, and 427 kids participated in SRP 2021.
o Children logged over 4,000 reading hours! That is an average of 9 hours read per
child.
Page 228
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: September 9, 2021
SUBJECT: Mid-Month Activity Report
The cooler temperatures are upon us leading to an eventual end to the growing season. Turf
mowing has been scaled back for some areas and all but the hardy flowers are entering their final
stages of growth. As time allows, Operator Dodge has been circling back around to all the flower
beds performing some final weed removal and general cleanup. Some of the planning and design
work for next season’s beds will occur over the next couple months.
As the local club soccer and adult softball programs come to a close, Kenai Little League
continues to offer a fall program which will conclude mid-September. Cook Inlet Academy will
host their final soccer games at the sports complex September 24 and 25.
The department welcomed three new employees, including Pamela Williams (Recreation
Assistant), Tyler Best (Administrative Assistant) and Jaryn Zoda (Laborer). I am excited to have
these individuals join our team and look forward to being a part of their professional growth and
development.
Staff removed a total of 15 beetle-kill trees surrounding the dog park at Daubenseck Family Park.
Additionally, volunteers provided equipment and labor to complete some final dirt work and
grading and the area was recently hydro-seeded by a local contractor. Plans are in motion for a
local contractor to install a perimeter chain-link fence.
The department coordinated with staff at the Wildwood Correctional Facility for some volunteer
work at Leif Hansen Memorial Park to have sod removed along the sidewalks. Plans are in place
to also have a local church group assist with some tree planting at City Hall.
Operator Dodge and Operator Brusven seeded the new cemetery expansion. Thanks to the
Public Works Department for all the dirt work and preparation leading up to the seeding.
Staff installed a total of 6 memorial plaques at Leif Hansen Memorial Park.
Page 229
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: September 7, 2021
SUBJECT: Planning and Zoning August 2021 Report
Planning and Zoning Commission Agenda Items and Resolutions
• On August 11, 2021 the Planning and Zoning Commission recommended approval of the
following plat and development incentives application:
o Resolution PZ2021-31 - Preliminary Subdivision Plat of Townsite of Kenai
Kenaitze Courthouse Replat, submitted by Edge Survey and Design, LLC, P. O.
Box 208, Kasilof, AK 99610, on behalf of Kenaitze Indian Tribe, 150 N. Willow St.
Suite 33, Kenai, AK 99611
o Action/Approval – A Resolution of the Council of the City of Kenai, Alaska
Approving the Development Incentives Per Kenai Municipal Code 21.10.100. For
A Lease Of Airport Reserve Lands Between The City Of Kenai And Schilling
Rentals, LLC On General Aviation Apron Sub No. 1 Amended Lot 2 Block 3
• On August 25, 2021 the Planning and Zoning Commission recommended approval of the
following request for funding for a Kenai Waterfront Revitalization Feasibility Study:
o Action/Approval – Recommendation for Ordinance No. 3237-2021 - Increasing
Estimated Revenues and Appropriations in the General Fund – Land
Administration Department to Provide Funding for a Kenai Waterfront
Revitalization Feasibility Study.
Building Permit and Site Plan Reviews
Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The
Department conducted six Building Permit reviews in August, 2021.
Code Enforcement
There were three new code enforcement cases opened in August, 2021.
Page 230
Page 2 of 2
Lands
• On August 4, 2021, Kenai City Council approved the following land sale authorizations,
special use permit, and lease assignment:
o 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)
o 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)
o Action/Approval - Special Use Permit to Kenai Chamber of Commerce & Visitor
Center for Moosemeat John Cabin. (Administration)
o Action/Approval - Assignment and Assumption of Lease Agreement from Hilcorp
Alaska, LLC to Kenai Beluga Pipeline, LLC. (Administration)
• On August 18, 2021, Kenai City Council approved the following development incentives
application:
o Resolution No. 2021-55 - Approving the Development Incentives per Kenai
Municipal Code 21.10.100 for a Lease of Airport Reserve Lands Between the City
of Kenai and Schilling Rentals, LLC on General Aviation Apron Sub No. 1
Amended Lot 2 Blk 3. (Administration)
The City did not receive an application for a new lease in August 2021.
Page 231
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ben Langham, Acting Police Chief
DATE: September 7, 2021
SUBJECT: Police & Communications Department Activity – August 2021
Police handled 674 calls for service in August. Dispatch received an estimated 300 9-1-1 calls;
however, we are still awaiting the exact final number for August due to the incorporation of 911
system updates this summer. Officers made 52 arrests. Traffic enforcement resulted in 248
traffic contacts and 76 traffic citations. There were 6 DUI arrests. Officers investigated 5 motor
vehicle collisions in August. There were no collisions involving moose. There was one collision
involving drugs or alcohol.
The department is working to fill one officer vacancy that occurred in August and preparing for a
second that will occur in September. A current officer, Ryan Coleman, has been promoted to a
Sergeant position that is being vacated.
A KPD officer attended a Drug Recognition Expert national conference while another officer
attended a PepperBall Instructor Course. A Dispatcher attended the APCO national conference.
On August 17, the SRO began working in the schools again.
5842
2129
4397
1981
4938
19500
2000
4000
6000
8000
Total Police Service Calls 911 Calls Received
2019(Jan 1 - Aug 31)2020(Jan 1 - Aug 31)2021(Jan 1 - Aug 31)
Page 232
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: September 2021
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• 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
, 2020 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 August 2021: This project is now
planned to be on hold until next spring. The metal building package is not going to be available
until mid-winter and the department does not want to leave an unprotected and unconditioned
building slab exposed for the winter months. This project will restart in May 2022 and be ready
for use during the next winter season starting November 2022.
• Kenai Municipal Airport Airfield Drainage – Ordinance 3234-2021 was introduced at the
August 18, 2021 council meeting. The project was released for formal construction bids on
July 28, 2021 with bids due on August 19, 2021. Ordinance 3234-2021 was amended at the
September 1, 2021 meeting to reflect actual bids received. Work is expected to take place in
September and October and be completed prior to winter shutdown. Project consists of the
replacement of approximately 500 lf of failing storm water pipelines located in the safety area
off the northern end of the runway. Update: 9/8/21 Contract Documents are being processed
with BMGC LLC in the amount of $360,225. Work anticipated to start in late September. Pre-
Construction meeting scheduled for 9/9/21.
• Kenai Municipal Airport (KMA) Tractor & Mower – The John Deere Tractor and Mower
purchased from Craig Taylor Equipment in the amount of $151,736 was delivered to the City
and placed into service on August 24, 2021.
Page 233
Page 2 of 4
Public Works Mid-Month Report
• Kenai Municipal Airport Snow Removal Equipment (SRE) – Update: This equipment is on
order and dependent upon supply chain logistics will likely arrive in spring 2022.
• 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
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. Update: On August 4th HDL Engineering and staff
successully completed geotech borings of the runway after hours. The project development
continues to move forward. 35% Design Documents are anticipated by end of calendar year.
• 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
Page 234
Page 3 of 4
Public Works Mid-Month Report
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 February/March 2022.
• 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.
Update: Project is underway, site work clearing and foundation prep has been completed as
of 9/9/21 awaiting manpower to pour new foundation for storage building.
• 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. 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. Nothing
new to report at this time.
• 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. 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. On August 11, 2021 the City Manager
and Public Works Director met and walked the project site with representatives from the Army
Corp of Engineers including the Regional Commander in charge of the project. Project kickoff
meeting with Engineers is scheduled for August 19th at 3:00pm. Update: Detailed work plan
has been received by HDR, Data Collection of existing site condition is now underway.
Page 235
Page 4 of 4
Public Works Mid-Month Report
• 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.
• 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. Update: the Cemetery site has been fine graded and grass seed and fertilizer placed.
Staff is working on getting a section of plots available for release by the end of September,
this will involve a surveyor staking out and numbering individual plots.
• Bryson Ave. Bluff Erosion Repair – Project was released for Construction Bids on July 29,
2021 with bids due on August 19, 2021. Fosters Construction was the winning bidder at a
cost of $309,775. Contract documents are in process with work anticipated to begin
approximately 9/21/21.
• 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 at this time.
Page 236
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Jamie Heinz, City Clerk
DATE: September 9, 2021
SUBJECT: Report to Council – Destruction of Records
In accordance with the City of Kenai Public Records Management Schedule and Record Retention
Policy, approved and adopted under Resolution No. 2017-22, the City Clerk's Office disposed of certain
City Records on September 9, 2021, which were subject to disposal under the Schedule.
Animal Shelter 2 boxes
Airport 3 boxes
Clerk’s Office 3 boxes
Finance Department 42 boxes
Human Resources 3 boxes
Legal Department 3 boxes
Public Works 4 boxes
The records were authorized for destruction by the respective department managers and the city
attorney, as per KMC10.30. A complete list of the above referenced obsolete records is available for
review in the Clerk's Office.
Page 237
PURCHASE ORDERS BETWEEN $2,500.00 ANO $1 S,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: SEPTEMBER 15, 2021
VENDOR DESCRIPTION DEPT.
KENAI HISTORICAL SOCIETY CABIN DOCENT SALARY LEGISLATIVE
UNITED ROTARY BRUSH REPLACEMENT RUNWAY BROOMS AIRPORT
NORTHERN SECURITY SUPPLY AMMUNITION POLICE
RED MOUNTAIN ARSENAL AMMUNITION POLICE
IMAGE TREND ANNUAL RESCUE BRIDGE FEE FIRE
ZONES CISCO NETWORK EQUIPMENT NON·DEPT, FINANCE
DEMCO EDUCATIONAL SERVICES FURNITURE FOR CHILDRENS AREA LIBRARY
ACCOUNT AMOUNT
GRANTS TO AGENCIES 4,000.00
OPERATING SUPPLIES 14,500.00
OPERATING SUPPLIES 6,473.00
OPERATING SUPPLIES 6,345.00
PROFESSIONAL SERVICES 3,000.00
SMALL TOOLS 13,399.68
IMPS O/T BUILDINGS 5,740.00
Page 238
SEPTEMBER 15, 2021
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED ADDITIONS TO THE PACKET:
ACTION ITEM REQUESTED BY
Add to item D.1. Ordinance No. 3224-2021
• Amendment Memo City Clerk
Add to item D.7. Ordinance No. 3243-2021
• Public Comments City Clerk
Add to item D.8. Ordinance No. 3245-2021
• Amendment Memo City Manager
Add to item J.1. City Manager’s Report
• Auction Memo City Manager
Add to item O. Information Items
• Cook Inlet Regional Citizen’s Advisory Council
Director’s Report City Clerk
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: September 14, 2021
SUBJECT: Amendment for Ordinance No. 3224-2021
Mayor Gabriel brought to my attention, a scrivener’s error on page 37 of the substitute ordinance.
Under 6.35.030 – Rules for Counting Hand Marked Ballots subsection (a)(1) third line; the word
parking should be marking.
Amend page 37 of Substitute Ordinance No. 3224-2021 by replacing the word parking with
marking in the third line of 6.35.030 (a)(1).
Your consideration is appreciated.
Page 2 of 9
From:Mark Larson
To:City_Council
Subject:CUP ordinance
Date:Monday, September 13, 2021 2:53:25 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
I cannot attend the Sept.15th meeting because I will be in transit from Anchorage to Kenai that
evening. I am in support of the CUP ordinance put forth by Bob Molly.
Mark Larson
3040 Kim N Ang Ct, Kenai, AK 99611
Page 3 of 9
From:laura sievert
To:City_Council
Subject:Letter for council members- Ordinance 3243
Date:Monday, September 13, 2021 6:18:32 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or
clicking links, especially from unknown senders.
To Kenai City Council members:
I urge the Kenai City Council to pass Ordinance 3243-2021 as introduced by the vice- mayor.
I have lived on Beaver Loop for nearly 30 years and there have been several occasions involving conditional use
permits that could have or did significantly impact the lives and property values of nearby residents. Sometimes the
conditions of the permits were clearly laid out, described, communicated to nearby residents, and adhered to, and
other times not. Sometimes the applicants were available to meet affected residents, but other times they were not.
Section D]e) of the proposed ordinance address these problems. The main thing is that this ordinance clearly lays
out conditions that need to be met by the applicant, and makes it clear to residents what to expect. It puts everyone
involved on the same page.
Also, this ordinance holds the applicant to the Comprehensive Plan, which is as it should be.
Thank you.
Laura Sievert 3329 Beaver Loop, Kenai
Page 4 of 9
TO: Mayor Brian Gabriel and Kenai Council Members
FROM: Carol L. Freas
DATE: September 14, 2021
RE: Ordinance No. 3243-2021, Amending KMC 14.20.150-Conditional Use Permits
Thank you for the opportunity to review Ordinance No. 3243-2021 and its proposed amendments. From
my view, I believe the ordinance does a very good job of better defining responsibilities and who has
those responsibilities.
I do have two suggestions:
• At KMC 14.20.150(b), seventh line “…applicant may request a review with the City
Manager whose determination of the completeness of the application shall be final. The…”
• KMC 14.20.150(f), Burden of Proof. Third sentence, “…evidence a reasonable mind
might accept as adequate to support a conclusion.” I am wondering who decides the “reasonable
mind?” This wording seems subjective.
clf
Page 5 of 9
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Dan Castimore, IT Manager
DATE: August 13, 2021
SUBJECT: Ordinance 3245-2021 – Amendment to Increase Revenues and
Appropriations Amounts.
Ordinance 3245-2021 included $8,700 to install an antenna and wireless access points at Vintage
Pointe. Quotes for this work were solicited and two responses were received. The lowest quote
was $9,599 which is $899 more than requested in the original ordinance.
Based upon the quote of $9,599, total project costs are now estimated at $19,299. This investment
will result in an annual reduction in utility costs of approximately $9,425
The Administration recommends the following Amendment:
Amend Ordinance 3245-2024, Section 2, to increase Appropriation of Retained Earnings
to 12,228; and to increase Repair & Maintenance to 9,599; and to increase the total for
Increase Appropriations to 12,228.
Your support for this amendment is respectfully requested.
Page 6 of 9
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director of Public Works
DATE: September 15, 2021
SUBJECT: Surplus Auction
The purpose of this memo is to notify the City Council of the pending public surplus auction
scheduled to begin on September 16th through October 7th where the following vehicles /
equipment shall be liquidated:
• 2002 Case 521D Loader (From Airport replaced with new, proceeds to return to FAA)
• 2004 New Holland TS-115-A Tractor with Mower (From Airport replaced with new)
• 1998 E-One 8x8 ARFF Fire Truck – 3000 gallons (From Airport replaced with new,
proceeds to return to FAA)
• 1998 E-One 4x4 ARFF Fire Truck – 1500 gallons (From Airport replaced with new,
proceeds to return to FAA)
• 2002 Jeep Liberty (Formerly Building Official vehicle)
• 1996 Jeep Cherokee (Formerly Fire Marshal vehicle)
• 1998 Chevy 3500 Flat Bed 2x4 (Formerly Parks & Rec)
• 1981 GMC Brigadier Dump Truck (Formerly WWTP Sludge Truck)
• 1996 Cat 140G Grader with snow wing (Formerly Streets Dept replaced with new one on
order)
Surplus of these items is in support of the Fleet and Equipment Replacement Plans. Council may
anticipate a memo at the October 20th Council Meeting with the results of the auction. Kenai
Municipal Code 7.15.090 (b) requires Council approval by Resolution for equipment with an
estimated value in excess of $50,000. While the Grader and the Loader will likely receive the
largest bids, the Department is not expecting any of the above items to exceed $50,000.
Page 7 of 9
The Cook Inlet Regional Citizens Advisory Council Annual and Board of Directors meeting was
held virtually on September 10th, 2021. Remote meetings continue as a precaution to protect the
health and safety of CIRCAC Directors and staff.
Representatives from the Alaska Department of Environmental Conservation (ADEC) gave an
update on the department’s regulatory review begun in 2020. This scoping project has been billed
as a streamlining of Article 4 of state administrative code pertaining to oil discharge preventi on and
contingency plans (ODPCP). Since the start of this process, CIRCAC has maintained that any
changes to this section of code should only improve standards for contingency plan requirements
and in no way diminish them. ADEC staff assured the CIRCAC Boa rd of Directors that a full
public process will begin this year with a 90 -day public comment period scheduled following the
release of the full package of proposed regulatory changes on November 1st. We look forward to
reviewing these proposed changes and working with the Department to ensure adequate regulatory
oversight of Cook Inlet’s oil transportation and storage operations.
Hilcorp reported that they have completed work replacing a portion (approximately 4,000 feet) of
the subsea pipeline from the Monopod platform to shore. Hilcorp also reported they have begun
initial engineering and permitting portion of the project to replace both 8.5 -mile sections of subsea
pipelines serving the Middle Ground Shoals platforms. The Pipeline and Hazardous Materials
Safety Administration (PHMSA) ordered the affected segment of pipeline be replaced following the
discovery of a natural gas leak in the pipeline in April of 2021. Hilcorp made the decision to replace
both segments; replacement pipe has been ordered and work is expected to begin in late May of
2022. Hilcorp staff also fielded questions regarding the company’s extensive inventory of legacy
assets in Cook Inlet, namely, unused drilling platforms at or near the end of their designed
lifespans. The company says that it’s exploring a number of options to address those assets while
working through a list of legacy Cook Inlet wells that can be plugged.
The CIRCAC Board of Directors also recognized CIRCAC Director of Science and Research
Susan Saupe by adopting a resolution recognizing her recent Legacy Award from the Pacific
States/British Columbia Oil Spill Task Force. We are proud to support staff who are recognized by
their peers for excellence in their field and commitment to the mission of CIRCAC.
Update from the Board of Directors
Cook Inlet Regional Citizens Advisory Council
John Williams, President, representing the City of Kenai
Page 8 of 9
Finally, the Board formally met CIRCAC’s newest staff members – Accounting and Grants
Manager Cassandra Johnson who joined the team in June and Candice Elias, who will begin this
month as our new Administrative Assistant. Welcome aboard!
Our next meeting is scheduled for December and its location will be determined at a later date.
Page 9 of 9
CITY OF KENAI
CITY COUNCIL
September 2021
FY2021/2022
Scope Recap
Promote Travel & Relocation
Support Local Businesses
Event Promotions
Capture Kenai On Film
Creative Services
SEPTEMBER 2021 KENAI CITY COUNCIL 3
BEST PLACE TO ALASKACAMPAIGN UPDATE
We continue to promote Kenai in Alaska and the Lower
48 to businesses, families, and travelers.
2021 CITY OF KENAI 4
CAMPAIGN DETAILS
Focus Shift in May
Prior campaigns were focused
on relocation (families &
businesses)
With the 2021 season underway,
we shifted to promote Kenai to
travelers in or coming to Alaska.
Highly Targeted
We used geofence technology
to specifically advertise to
travelers in-state
RV rentals, RV campgrounds,
campgrounds
Travel Oriented
Used photo ads and videos to
showcase the adventure and
recreational opportunities in and
around Kenai.
This was an awareness campaign
to introduce Kenai and bring
travelers to the city.
20XX PRESENTATION TITLE 5
2021 CITY OF KENAI 6
We specifically targeted areas within the state
where travelers would be most likely to respond
immediately.
We targeted travelers 18+
Our goal was to encourage travelers to add
Kenai to their itinerary.
Tracking increases from sales tax revenue from
retail, restaurants, bars, and hotels.
CAMPAIGN DETAILS
Continued US-Wide Campaign
Attempt to raise awareness of Kenai as a travel
destination
Dual emphasis on relocation and travel
L48: CA, OR, WA
20XX PRESENTATION TITLE 7
U.S. MAP
2021 CITY OF KENAI 8
TOTAL CAMPAIGN PERFORMANCE
2021 CITY OF KENAI 9
REACH
745,020
IMPRESSIONS
1,618,765
PAGEVIEWS
8,806
PAGES / SESSIONS
3.19
%NEW SESSIONS
87.6%
July –Aug 2021
TOTAL VIDEO PERFORMANCE
2021 CITY OF KENAI 10
REACH
354,671
IMPRESSIONS
835,397
VIDEO PLAYS
339,967
July –Aug 2021
DEMOGRAPHICS
2021 CITY OF KENAI 11
14.7%
32.6%
13.2%
18.6%
13.2%
7.8%
Sessions
Age
A18-24 A25-34 A35-44 A45-54 A55-64 A65+
Male
50.7%
Female
49.3%
Gender
July –Aug 2021
BUSINESS MARKETING
To assist the City of Kenai in suppor ting local businesses
in Kenai so that they may thrive.
To provide additional ser vices, as needed, to give local
businesses the tools they need to be sustainable.
2021 CITY OF KENAI 12
SOCIAL MEDIA SEMINAR
2021 CITY OF KENAI 13
EVENT PROMOTIONS
To promote City -sponsored events locally, regionally,
and nationwide.
2021 CITY OF KENAI 14
5 TH ANNUAL KENAI SILVER SALMON DERBY
•Over $13,000 in sponsorships
•50% increase over 2020
2021 CITY OF KENAI 15
2021 CITY OF KENAI 16
CITY OF KENAI SUMMER PHOTOS
2021 CITY OF KENAI 17
2021 CITY OF KENAI 18
2021 CITY OF KENAI 19
20XX PRESENTATION TITLE 20
20XX PRESENTATION TITLE 21
20XX PRESENTATION TITLE 22
20XX PRESENTATION TITLE 23
20XX PRESENTATION TITLE 24
20XX PRESENTATION TITLE 25
20XX PRESENTATION TITLE 26
20XX PRESENTATION TITLE 27
20XX PRESENTATION TITLE 28
20XX PRESENTATION TITLE 29
20XX PRESENTATION TITLE 30
ONWARD
•Continue promoting The Best Place to
ALASKA
•Expand outreach and support of local
businesses
•Promote city-wide events
20XX PRESENTATION TITLE 31
THANK YOU
Coy West
Founder & CEO
coywest@diviningpoint.com
2021 CITY OF KENAI 32
Kenai City Council - Regular Meeting Page 1 of 4
September 15, 2021
Kenai City Council - Regular Meeting
September 15, 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)
1. Coy West - City of Kenai Marketing Update.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED BY SUBSTITUTE. 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)
• Substitute Ordinance No. 3224-2021
[Clerk's Note: At the August 4 Council Meeting, this item was postponed to the September
15 Council Meeting for a second public hearing. A motion to enact is on the floor.]
2. ENACTED UNANIMOUSLY. Ordinance No. 3238-2021 - Accepting and Appropriating
an Interlibrary Cooperation Grant from the Alaska State Library for the Kenai Community
Library Storywalk® Project. (Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3239-2021 - Increasing Estimated Revenues
and Appropriations in the General Fund – Police Department and Accepting a Grant From
the Department of Justice Passed Through the Alaska Internet Crimes Against Children
Task Force for the Purchase of Forensic Software. (Administration)
Kenai City Council - Regular Meeting Page 2 of 4
September 15, 2021
4. ENACTED UNANIMOUSLY. Ordinance No. 3240-2021 - Amending Kenai Municipal
Code Section 23.55.030 – Qualification Pay, to Amend the Salary Ranges to Accurately
Reflect Recognition Pay and Entitlements. (Administration)
5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3241-2021 - Declaring that,
T 5N R 11W Sec 6 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 8,
Also Known as 604 Inlet Street, Kenai, Alaska, Whose Last Record Owner Under Borough
Assessment Records was Peter F. Mysing, Whose Address is, PO Box 8134, Nikiski,
Alaska, 99635-8134 and Estate of Peter F. Mysing CO/ Dale Dolifka, PO Box 498, Soldotna,
AK, 99669-0498, Shall be Retained by the City of Kenai for a Public Purpose.
(Administration)
6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3242-2021 - Declaring that,
T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original Townsite of Kenai Lot 3 Blk 20,
Also Known as 905 Mission Avenue, Kenai, Alaska, Whose Last Record Owner Under
Borough Assessment Records Was Keith K. Knight, General Delivery, Kenai, Alaska, Shall
be Retained by the City of Kenai for a Public Purpose. (Administration)
7. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3243-2021 - Amending Kenai
Municipal Code 14.20.150-Conditional Use Permits, to Clarify Roles and Responsibilities of
Applicants, the Planning Director, and the Planning Commission in the Conditional Use
Process and Make Housekeeping Changes. (Vice Mayor Molloy)
8. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3245-2021 - Authorizing a
Budget Transfer in and Increasing Estimated Revenues and Appropriations in the
Congregate Housing Fund for the Purchase and Installation of Equipment to Provide
Residents Basic Television and Wireless Internet Service. (Administration)
9. ADOPTED UNANIMOUSLY. Resolution No. 2021-57 - Declaring a Right-Of-Way for a
60’ by 254’ Portion of the Frontage Road Along Wildwood Drive as Dedicated on Lot 4-A,
Block 8, Black Gold Estates Subdivision No. 2 (Plat KN 84-76), and as Set Forth on the
Attached Exhibit "A" is Not Needed for a Public Purpose and Consenting to its Vacation.
(Administration)
10. ADOPTED UNANIMOUSLY. Resolution No. 2021-58 - Authorizing an Agreement for
Professional Engineering Services to Provide Construction Documents for Sewer Lift
Station Upgrades. (Administration)
E. MINUTES
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Non-Objection to the
Renewal of Marijuana Licenses for Grateful Bud, LLC. (City Clerk)
Kenai City Council - Regular Meeting Page 3 of 4
September 15, 2021
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Appointing Election
Precinct Boards for the October 5, 2021 Regular Election. (City Clerk)
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to
RAVN for Warm Storage. (Administration)
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 10/6/2021.
*Ordinance No. 3246-2021 - Accepting and Appropriating an Airport Improvement
Program Grant from the Federal Aviation Administration in the Airport Equipment Capital
Project Fund for the Purchase of Snow Removal Equipment– Multi-Purpose Broom/Blower.
(Administration)
6. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 10/6/2021.
*Ordinance No. 3247-2021 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project
Funds, Awarding a Professional Services Agreement and Corresponding Purchase Order
for Mission Avenue Water Main Repairs. (Administration)
7. JOINT WORK SESSION SCHEDULED FOR 10/11/2021 AT 5:00 PM. Discussion -
Request to Schedule a Joint Work Session for the Draft Land Management Plan.
(Administration)
8. SPECIAL MEETING SCHEDULED FOR 9/20/2021 AT 6:00 PM. Discussion - Set a
Special Meeting for City Clerk Candidate Review. (City Clerk)
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
Kenai City Council - Regular Meeting Page 4 of 4
September 15, 2021
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
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/83752673950
Meeting ID: 837 5267 3950 Passcode: 296323
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Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 837 5267 3950 Passcode: 296323