Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022-08-17 Council Packet
Kenai City Council - Regular Meeting Page 1 of 3 August 17, 2022 Kenai City Council - Regular Meeting August 17, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** 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. "Introduction to Executive Director" Peter Evon, Executive Director of the Kenaitze Indian Tribe. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. Ordinance No. 3300-2022 - Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget– Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) 2. Ordinance No. 3301-2022 - Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area (AK HIDTA) for Drug Investigation Overtime Expenditures. (Administration) 3. Ordinance No. 3302-2022 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Wastewater Treatment Plant Improvements Capital Project Fund and Authorizing a Construction Agreement and Purchase Order for the Sludge Press Replacement Project. (Administration) 4. Ordinance No. 3303-2022 - Increasing Estimated Revenues and Appropriations in the Water Sewer Special Revenue Fund for Operational Chemical Costs in Excess of Budgeted Amounts. (Administration) Page 1 Kenai City Council - Regular Meeting Page 2 of 3 August 17, 2022 5. Resolution No. 2022-61 - Authorizing the City Manager to Extend the Restaurant Concession Agreement in the Kenai Municipal Airport for an Additional Year. (Administration) E. MINUTES 1. *Special Meeting of July 26, 2022. (City Clerk) 2. *Regular Meeting of August 3, 2022. (City Clerk) F. UNFINISHED BUSINESS 1. Ordinance No. 3298-2022 - Enacting Kenai Municipal Code Chapter 14.30 - Floodplain Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. (Administration) [Clerk's Note: At the Meeting of August 3, 2022 this Ordinance was Postponed to this Meeting; a Motion to Enact is on the Floor.] Substitute Ordinance No. 3298-2022 - Enacting Kenai Municipal Code Chapter 14.30- Floodplain Management, Within Title 14-Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. (Administration) G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3304-2022 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds for Kenai Municipal Airport Disadvantage Business Enterprise Program Updates. (Administration) 3. *Ordinance No. 3305-2022 - Conditionally Granting Certain Foreclosed City-Owned Properties Described as Lots 8 & 11, Block 9 and Lot 4, Block 10, Mommsen’s Replat of Additions No. 1 & 2 (Parcel Numbers 03910211, 03910208 and 03910304) to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. (Administration) 4. Action/Approval - Purchase Orders Over $15,000. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney Page 2 Kenai City Council - Regular Meeting Page 3 of 3 August 17, 2022 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comments 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 OR https://us02web.zoom.us/j/89147261394 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 891 4726 1394 Passcode: 407724 Meeting ID: 891 4726 1394 Passcode: 407724 Page 3 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3300-2022 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND FY22 BUDGET– POLICE DEPARTMENT AND ACCEPTING GRANTS FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION (AMLJIA) FOR THE PURCHASE OF BALLISTIC VESTS. WHEREAS, the Kenai Police Department participates in a Ballistic Vest Partnership (BVP) grant program through the Department of Justice, which covers 50% of the cost of ballistic vests purchased for officers; and, WHEREAS, the City’s current insurance company, AMLJIA, also has a ballistic vest reimbursement program, which covers 50% of the cost of ballistic vest purchased for officers; and, WHEREAS, two ballistic vests were recently purchased for a total of $2,252 and the two programs together will cover 100% of the cost of those ballistic vests. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept and expend United States Department of Justice and AMLJIA grant funds in the amount of $1,126 each for the purchase of ballistic vests. Section 2. That the following fiscal year 2022 budget revision is authorized: General Fund: Increase Estimated Revenues - Federal Grants – Police $1,126 Miscellaneous Grants 1,126 $2,252 Increase Expenditures – Police Department - Small Tools/Minor Equipment $2,252 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 17TH DAY OF AUGUST, 2022. Page 4 Ordinance No. 3300-2022 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 3, 2022 Enacted: August 17, 2022 Effective: August 17, 2022 Page 5 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: July 12, 2022 SUBJECT: Ordinance No. 3300-2022 Accepting Grant Funds for Ballistic Vests The police department participates in the United States Department of Justice’ Ballistic Vest Partnership (BVP), which provides grant funds for half the cost of Officer ballistic vests. The City’s insurance carrier, AMLJIA, also has a grant program by which they cover half the cost of ballistic vests purchased by officers. The Police Department recently purchased two ballistic vests for officers, at a total cost of $2,252 and anticipates that cost to be covered 100% by the two programs. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds into the FY22 budget for the purpose they were intended. Page 6 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3301-2022 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND FY22 BUDGET – POLICE DEPARTMENT AND ACCEPTING A GRANT FROM THE ALASKA HIGH INTENSITY DRUG TRAFFICKING AREA (AK HIDTA) FOR DRUG INVESTIGATION OVERTIME EXPENDITURES. WHEREAS, the Kenai Police Department assists the regional drug task force on initiatives with funding availability through the Alaska High Intensity Drug Traffic Area (AK HIDTA), which is funded through a Federal Government Appropriation; and, WHEREAS, funding through AK HIDTA is available to reimburse certain overtime expenditures for the Kenai Police Officers that assist the regional drug task force or directly participate in the task force on those HIDTA initiatives; and, WHEREAS, the overtime expense that was eligible for reimbursement from April of 2022 through the end of June, 2022 was $5,324.07; and, WHEREAS, overtime for these additional expenditures for drug investigations were not budgeted and the department is requesting appropriation into the FY22 overtime budget equal to the amount of the AK HIDTA funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the City Manager is authorized to accept these funds from the AK HIDTA in the amount of $5,324.07 and to expend those funds to fulfill the purpose and intent of this ordinance Section 2. That the fiscal year 2022 estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues – Federal Grants – Police $5,324.07 Increase Appropriations – Police Department - Overtime $5,324.07 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 17th DAY OF AUGUST, 2022. Page 7 Ordinance No. 3301-2022 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 3, 2022 Enacted: August 17, 2022 Effective: August 17, 2022 Page 8 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross – Police Chief DATE: July 12, 2022 SUBJECT: Ordinance No. 3301-2022, Accepting HIDTA Grant Funds The Kenai Police Department participates in the regional drug task force. Between April of 2022 and June of 2022 certain overtime worked in conjunction with the regional drug task force was eligible for reimbursement through the Alaska High Intensity Drug Trafficking Area (AK HIDTA), which receives its funding through Federal appropriation. The Police Department requested reimbursement for $5,324.07 in overtime expenditures. I am respectfully requesting consideration of the ordinance accepting and appropriating the grant funds into the FY22 budget for the purpose they were intended. Page 9 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3302-2022 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER SPECIAL REVENUE AND WASTEWATER TREATMENT PLANT IMPROVEMENTS CAPITAL PROJECT FUND AND AUTHORIZING A CONSTRUCTION AGREEMENT AND PURCHASE ORDER FOR THE SLUDGE PRESS REPLACEMENT PROJECT. WHEREAS, a formal Invitation to Bid was released on June 7, 2022 seeking construction services to provide for the replacement of the 40+ year old sludge press at the waste water plant; and, WHEREAS, bids were originally due on June 28, 2022 and based on a lack of interest from contractors the due date was extended to July 22, 2022; and, WHEREAS, two bids were received by the City, with the low bid being withdrawn at the request of the bidder, leaving Blazy Construction the lowest responsive and responsible bidder at a cost of $1,437,913; and, WHEREAS, the recommendation from City Administration is to award the construction agreement for the Sludge Press Replacement project to Blazy Construction for the total cost of $1,437,913; and, WHEREAS, this Ordinance will also appropriate contingency funding for the processing of change orders in the amount of $72,000, approximately 5% of total construction contract, as well as $25,000 for City Admin services, and $143,000 for Engineering Contract Administration Services, for a total appropriation cost of $240,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOW S: Section 1. That the estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $240,000 Increase Appropriations – Transfer to Wastewater Treatment Plant Improvements Capital Project Fund $240,000 Section 2. That the estimated revenues and appropriations be increased as follows: Wastewater Treatment Plant Improvements Capital Project Fund: Increase Estimated Revenues – Transfer from Water and Sewer Special Revenue Fund $240,000 Increase Appropriations – Construction $240,000 Section 3. That the City Manager is authorized to execute a Construction Agreement in the amount of $1,437,913, and to issue a Purchase Order to Blazy Construction in the amount of $1,509,913 for the Page 10 Ordinance No. 3302-2022 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] contract amount of $1,437,913 and $72,000 of contingency funding, which may be authorized for construction change orders during completion of the project. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 3, 2022 Enacted: August 17, 2022 Effective: August 17, 2022 Page 11 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: July 27, 2022 SUBJECT: Ordinance No. 3302-2022 - Sludge Press Replacement The purpose of this memo is to request Council’s support in awarding a Construction Agreement and corresponding purchase order for the Wastewater Treatment Plant’s Sludge Press Replacement project and to provide supplemental funding in support of the project. As Council may recall this is a primary project for the department to replace a 40+ year old piece of equipment, an existing belt press, with a new Andritz screw press. This press processes municipal wastewater sludge as one of the last steps in the treatment process prior to hauling the dewatered sludge to the landfill. Staff has done an exceptional job of keeping the existing equipment operational while waiting for the new equipment to arrive. The Andritz Press was competitively sourced almost a year ago now, and the anticipated delivery for the new press is currently late October 2022. The contracted cost of the Andritz press is $225,000 for equipment only. Through development of the project, in coordination with the Engineering team, additional items in need of correction were identified in support of the project. These additional items are the reason additional funding is being requested at this time. The sludge pumps which feed the press are being replaced with this work, a new conveyor system for loading the sludge into disposal containers is now included, new air handling equipment to increase air exchanges within the space are also being completed with this work. The Engineer’s Estimate for this work was $1,307,050 with Blazy Construction’s bid totaling $1,437,913. A second bid was received by the department in the amount of $900,000. On July 27th, 2022 that contractor requested his bid to be withdrawn due to miscalculations on their part. Completion of this work now is essential for the department. Parts have not been available for our existing press for some time, with failed pieces often requiring fabrication to maintain operability. This project has been identified through earlier Capital Improvement plans and is a big step in successfully maintaining our facilities and equipment. Council’s support is respectfully requested. Page 12 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3303-2022 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER SEWER SPECIAL REVENUE FUND FOR OPERATIONAL CHEMICAL COSTS IN EXCESS OF BUDGETED AMOUNTS. WHEREAS, the Public Works Department secures annual purchasing agreements for required chemicals at the City’s Water and Wastewater Treatment Plants; and, WHEREAS, chemicals typically purchased through these agreements include Sodium Hypochlorite, Sodium Bisulfite, Lime, and polymer; and, WHEREAS, these items were all competitively bid and the lowest bidder, Cascade Columbia’s total bid was $28,390 in excess of budgeted amounts, approximately $12,000 toward the wastewater plant and $16,000 toward the water plant; and, WHEREAS, additionally Nalco Company provides proprietary chemicals that are acquired through sole source purchase for the water department, these chemicals assist with the removal of tannins in the water for clarification purposes; and, WHEREAS, Nalco’s pricing has resulted in costs totaling approximately $29,000 in excess of budgeted funds; and, WHEREAS, the Public Works Department did anticipate cost increases for these chemicals and did budget larger amounts than previous years, however the increases came in higher than expectations due to supply chain and inflationary pressures within the industry; and, WHEREAS, these chemicals are essential for the continued safe operation of the utility to remain in compliance with permit requirements; and, WHEREAS, providing these supplemental funds to the operational budgets for the waste water and water division will allow the department to continue operations effectively; and, WHEREAS, the Administration is in support of this appropriation and providing the additional funds now is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. That the estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund: Increase Estimated Revenues – Appropriation of Fund Balance $57,000 Increase Appropriations – Wastewater Treatment Plant - Operating, Repair & Maintenance Supplies $12,000 Page 13 Ordinance No. 3303-2022 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Water Operating, Repair & Maintenance Supplies $45,000 $57,000 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 immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 3, 2022 Enacted: August 17, 2022 Effective: August 17, 2022 Page 14 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: July 27, 2022 SUBJECT: Ordinance No. 3303-2022 Chemicals in excess of budgeted amounts The purpose of this memo is to request Council’s support in providing supplemental funding to the Water and Wastewater operational budgets to account for Chemical purchases in excess of budgeted amounts. As Council is well aware of current supply chain and inflationary concerns affecting purchases across industries, the utility has incurred a larger than anticipated cost increase on our routine annual purchases of chemicals. Cost increases were anticipated by the department for these chemicals with the Water division’s budget being increased by $10,000 from the previous year’s budget, $108,000 in FY22 increased to $118,000 for FY23 with the actual FY23 now anticipated to be $163,000. The Wastewater division’s FY22 budget for these chemicals was $50,600, with FY23 budget of $65,910 and an anticipated FY23 actual cost of $77,910. The department had sufficient funds to issue Purchase Orders to Cascade Columbia and Nalco Company from within the Operating, Repair and Maintenance Supplies budget to start the fiscal year and to avoid delivery delays of chemicals. This Ordinance will now provide the supplemental funding to replenish the account to allow the department to operate as anticipated throughout the fiscal year. Staff is investigating opportunities to become less dependent on these chemical purchases. Consideration for a future capital project to install new process equipment for the creation of our own chlorination chemicals is an option, as well as testing out new water clarification chemicals to a less expensive option from our current supplier. Council will be kept informed of any progress in this area. The additional funds being requested are necessary and imperative to our operations, providing them now is in the best interest of the City. Council’s support is respectfully requested. Page 15 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI RESOLUTION NO. 2022-61 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE RESTAURANT CONCESSION AGREEMENT IN THE KENAI MUNICIPAL AIRPORT FOR AN ADDITIONAL YEAR. WHEREAS, on August 1, 2018, Council passed Resolution 2018-42 authorizing the City Manager to enter into a restaurant concession agreement with the Brothers’ Café with an initial term of two years and an opportunity to extend for three successive one-year terms pending Council approval; and, WHEREAS, on March 6, 2019 Council passed Resolution 2019-14 authorizing the City Manager to enter into an amended concession agreement with the Brothers’ Café recognizing decreased business due to the terminal rehabilitation project; and, WHEREAS, on December 4, 2019, Council passed Resolution 2019-78 authorizing the City Manager to enter into an amended concession agreement with the Brothers’ Café recognizing a necessary business closure due to the terminal rehabilitation project; and, WHEREAS, on June 3, 2020 Council passed Resolution 2020-34 authorizing the first one-year extension of the agreement until June 30, 2021; and, WHEREAS, on December 16, 2020, Council passed Resolution 2020-94, adjusting the fee arrangement with Brother’s Café; and, WHEREAS, on June 16, 2021, Council passed Resolution 2021-44 authorizing the second one-year extension of the agreement until June 30, 2022; and, WHEREAS, the City of Kenai and Brother’s Café both desire to extend Agreement for the third one-year extension; and, WHEREAS, at its regular meeting of August 11, 2022 the Airport Commission recommended Council approve the final one-year extension; and, WHEREAS, it is in the best interest of the City of Kenai to authorize the City Manager to extend the term of the agreement for one additional year pursuant to ARTICLE II of the Restaurant Concession Agreement as Brother’s Café provides a valuable service to the Airport. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to execute a Fifth Amendment to the Restaurant Concession Agreement with the Brothers Café, extending the term of the Agreement for the period of July 1, 2022 and ending June 30, 2023. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 17TH DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor Page 16 Resolution No. 2022-61 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Page 17 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: August 4, 2022 SUBJECT: Resolution 2022-61 – Extend Restaurant Concession Agreement James and Zachary Hamilton, Situla, LLC (d/b/a) Brothers Café, request an extension of the Restaurant Concession Agreement for the third successive one-year term. The Airport Commission reviewed the request at its August 11, 2022 meeting and unanimously recommends that Council approve the Fifth Amendment to the Restaurant Concession Agreement extending the Agreement for another year. Thank you for your consideration. Attachment Page 18 Restaurant Concession Agreement Amendment 8/12/2022 City _____ Page 1 of 4 Concessionaire_____ Concessionaire _____ FIFTH AMENDMENT TO CITY OF KENAI MUNICIPAL AIRPORT RESTAURANT CONCESSION AGREEMENT James Hamilton and Zachary Hamilton, Co-Owners (Concessionaire), Situla LLC (d/b/a/ Brother’s Cafe, 1510 Kittiwake CT, Kenai, Alaska 99611, and the CITY OF KENAI, a municipal corporation, organized and existing under the laws of the State of Alaska (City), 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611, entered into a contract for restaurant concession services at the Kenai Airport, beginning August 2, 2018. Whereas: on August 1, 2018, the Kenai City Council adopted Resolution 2018-42, authorizing the City Manager to enter into a Restaurant Concession Agreement with Concessionaire; and, Whereas: on March 6, 2019, the Kenai City Council adopted Resolution 2019-14, authorizing the City Manager to amend the Agreement with Concessionaire to reflect a temporary adjustment to the fees and payments due; and, Whereas: on December 4, 2019, Council adopted Resolution 2019-78 authorizing the City Manager to enter into an amended concession agreement with Brothers’ Café recognizing a necessary business closure due to the terminal rehabilitation project; and, Whereas: on June 3, 2020 the Kenai City Council adopted Resolution 2020-34 authorizing the City Manager to extend the Agreement through June 30, 2021; and, Whereas: on December 16, 2020 the Kenai City Council adopted Resolution 2020-94 authorizing an additional change to the fee structure of the Agreement; and, Whereas: on June 16, 2021 the Kenai City Council adopted Resolution 2021-44 authorizing the City Manager to extend the Agreement through June 30, 2022; and, Whereas: pursuant to Article II of the Agreement, the City and Concessionaire mutually desire and agree to extend the Agreement for the third successive one-year term. Now, therefore, the City of Kenai and Concessionaire agree as follows: Page 19 Restaurant Concession Agreement Amendment 8/12/2022 City _____ Page 2 of 4 Concessionaire_____ Concessionaire _____ 1. Pursuant to Article II of the Restaurant Concession Agreement for the Kenai Municipal Airport, this Agreement is extended for the third one-year term extension beginning on July 1, 2022 and ending on June 30, 2023. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Page 20 Restaurant Concession Agreement Amendment 8/12/2022 City _____ Page 3 of 4 Concessionaire_____ Concessionaire _____ LESSOR: CITY OF KENAI _________________________ Paul Ostrander, City Manager CONCESSIONAIRE: Situla LLC (d/b/a/ Brother’s Café) Situla LLC (d/b/a/ Brother’s Café) __________________________________ __________________________________ James Hamilton – Co-Owner Zachary Hamilton – Co-Owner STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of __________________, 2022, James Hamilton, Co-Owner, Situla LLC (d/b/a/ Brother’s Café), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: Page 21 Restaurant Concession Agreement Amendment 8/12/2022 City _____ Page 4 of 4 Concessionaire_____ Concessionaire _____ STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of __________________, 2022, Zachary Hamilton, Co-Owner, Situla LLC (d/b/a/ Brother’s Café), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICAL DISTRICT ) THIS IS TO CERTIFY that on this _____ day of __________________, 2022, personally appeared before me, PAUL OSTRANDER, known to me and to me known to be the City Manager of the City of Kenai, Alaska, and who acknowledged before me that the foregoing instrument was freely and voluntarily executed on behalf of the City of Kenai, for the uses and purposes set forth and with full authority of the City of Kenai to do so. Notary Public for Alaska My Commission Expires: Approved by Kenai City Council on __________ Approved as to lease form by City Attorney __________ Approved by Finance Director __________ Approved by City Manager __________ Page 22 KENAI CITY COUNCIL – SPECIAL MEETING JULY 26, 2022 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 6 July 26, 2022 MINUTES A. CALL TO ORDER A Special Meeting of the Kenai City Council was held on July 26, 2022, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor James Baisden Teea Winger Deborah Sounart Glenese Pettey Jim Glendening, Vice Mayor Henry Knackstedt A quorum was present. Also, in attendance were: Terry Eubanks, Acting City Manager Scott Bloom, City Attorney Meghan Thibodeau, Deputy City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item B.1. Resolution No. 2022-57 • Public Comment MOTION: Council Member Knackstedt MOVED to approve the agenda with requested revisions. Vice Mayor Glendening SECONDED the motion. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. [Clerk’s Note: Mayor Gabriel passed the gavel to Vice Mayor Glendening and stated a possible conflict with Resolution No. 2022-57 as he participates in the East Side Set Net Fishery. Vice Mayor Glendening ruled a conflict did exist and Mayor Gabriel abstained from discussion and voting on Resolution 2022- 57.] B. PUBLIC HEARINGS 1. Resolution No. 2022-57 - Requesting the State of Alaska Commissioner of Fish and Game Allow the East Side Set Net Fishery Additional Opportunity to Harvest Sockeye Salmon During the 2022 Season. (Vice Mayor Glendening, Council Members Knackstedt, Pettey, Winger, Baisden and Sounart) Page 23 City of Kenai Council Meeting Page 2 of 6 July 26, 2022 MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-57. Council Member Winger SECONDED the motion. Vice Mayor Glendening opened the floor for public comment. Ken Coleman stated that he is the Vice President of Kenai Peninsula Fisherman’s Association, an organization which advocates for the East Side Setnet fishery; he noted this would be the third year in a row where their season has been truncated, followed by legal appeals so they could continue to fish responsibly. He explained how river closures due to low king salmon escapement results in closure of setnet fishing while other user groups are unaffected, how king salmon accounts for less than 1% exploitation rate, and how the economic effects of setnet closures are felt by families and businesses all over the Peninsula. He stated that they are trying to find a way to continue fishing responsibly, so that over-escapement of sockeye and resulting biomass does not hurt their population in future years; he expressed appreciation that Council called a special meeting and stated that he hopes the Commissioner of Fish and Game will take a second look at this issue. Trey Brown stated that he works with OBI Seafoods and manages a fish-buying station in Salamatof. He presented data which reflects how the sockeye run overcrowds chinook, and as a result fishermen catch sockeye by a large majority. He stated that if the Alaska Department of Fish and Game (DFG) wants to preserve the chinook, they should allow setnetters to fish during the height of the sockeye run. Wes Humbert stated that he is drift fisherman, and spoke in support of setnet fishermen. He explained that millions of dollars have been spent on lawsuits, and that the City should support setnetters because the community depends on them. Amber Every noted her family are commercial fishermen. She stated this fight is based on politics and not biology; to keep their fishery going they have had to fight the sportfishing organization, a setnet initiative, the Board of Fisheries, and an administration whose financial supporters oppose them. She discussed the low number of kings caught, the problem of over-escapement, that the commissioner’s decisions that closed the fishery were not a part of the Board of Fisheries’ management plan, the economic impact of fishery closures, and the impact on residents and businesses. Christine Brandt noted she is an eastside setnetter and stated that the Commissioner of Fish and Game is concerned with conservation of king salmon but they are not a stock of concern; she discussed policies and management of stocks of concern, and defined levels of stocks of concern. She stated that current management will crash the Kasilof River, because it has exceeded escapement. Phil Sheridan expressed concern that local biologists are not able to do their job and decisions are being made by the Commissioner of Fish and Game; he stated that over-escapement makes dipnetters happy which has political advantages, and decisions are not being made based on biology. Sharon Efta noted that setnetters and drift fishermen are having the same problems and it is hard for them to make a living. She discussed the expenses and difficulties faced by fishermen, how the Board of Fisheries is managing it for sport and dipnetting, and the problems caused by dipnetting. She noted that fish policy should do what is right and not what is politically expedient for votes. Paul A. Shadura II noted his family’s history of commercial fishing in the community. He discussed escapement goals and projected numbers, noting that returning less than optimum numbers for escapement is a tragedy for all users. He stated that this resolution would be supportive of what has already been estimated by DFG, and that management plans provide the Commissioner of Fish and Game full authority to manage in-season. He noted that 26% of fishing in the Kenai River is sportfishing, and passing the resolution will not harm any other users; fishing is a mainstay in the local economy. Page 24 City of Kenai Council Meeting Page 3 of 6 July 26, 2022 Senator Peter Micciche stated that he will stand up for any user group when they are being unfairly treated; the long-term effects of this closure will affect every southcentral Alaska resident. He noted that he had attended a Board of Fisheries meeting where the collected consequences of over-escapement were discussed; he explained how over-escapement has significant impacts on future fish populations and is a lost opportunity for commerce which adversely affects every business on the Kenai Peninsula. He stated we have to revamp the system attempting to manage for one challenged species; he hopes Resolution No. 2022-57 passes and that every representative body in the Borough will follow suit; there is a king problem and there is some need for conservation but these measures are over and above. Sarah Frostad-Hudkins discussed her family’s multi-generational history of fishing, and noted that she had been witnessing this political battle all her life. She stated that the Commissioner has the power to open the East Side Setnet fishery today, but attempts to communicate with him have gotten little response and the Governor had not made a statement; it is time the rivers are managed biologically and not politically. Representative Gillham noted that this fight has been going on for years, and he cannot accept that DFG will let one user group fish and not others. He noted that the number of dipnet permits from other areas have political affects, everyone should have access to these fish, and the fishery has been managed politically and not biologically. Nate Berga stated that he is the Plant Manager for Pacific Star Seafoods. He explained the impact that the shutdown of the East Side Setnet fishery would have on his business, noting that 40% of the fish they purchase would be lost; how the local economy would lose millions of dollars which would be a huge hit to Alaska; and that fishing the rivers is important for fishermen, the community and the health of the rivers. He expressed concern for the future of this industry in Cook Inlet. Richard McGahan stated that the way the fishery is being run now is wrong, and millions of dollars are being spent through fishing organizations. He remembered what it was like working in the fishing industry in the 1950’s, and stated that the judge in Kenai will not grant an injunction against the DFG. He thanked the City Council and encouraged them to pass the resolution. Maisie Hermansen noted she is a lifelong East Side Setnetter and Cook Inlet salmon have been part of her family’s life for generations, and spoke of the loss of a lifetime of work and generations of heritage. She stated that the management of the fishery is reallocation couched as conservation, that setnetters bear the burden of low king numbers while other user groups are not shut down, that setnetters are not the cause of low king numbers but their seasons have been slashed and they are sidelined during most abundant part of sockeye migration. She thanked the Council for caring, and hoped the Commissioner will as well. Karen McGahan stated that the setnetters are under difficult regulations when they are open, and that paired restrictions when kings are low prevents them from fishing sockeyes. She explained the number of permits used in her family, and how regulations have greatly restricted the number of nets they can use per permit. She stated that the regulations are political and not biological, and they are the result of a good lobby group and the Governor. Gary Hollier read a message that he had sent to the Commissioner and members of the Kenai River Sportfishing Association (KRSA), explaining how he sees weak stock management and that what has happened to the Kasilof River is a travesty; how over-escapement to save very few kings is a joke; and that the Commissioner has full authority to open and close fisheries and asked that he use this to allow limited fishing on sockeye stocks. He stated that unattainable goals for king numbers is driven by KRSA with the support of the Commissioner and Governor, and encouraged fellow fishermen to show up to the Board of Fisheries meetings. Erin Willahan stated that she is an East Side Setnetter and noted that the decision to close the East Side Setnet fishery is political and not supported by biology, common sense, economics or the management Page 25 City of Kenai Council Meeting Page 4 of 6 July 26, 2022 plan. She stated that as a young person raised in Alaska she sees a future for herself here because of this fishery, that permit holders help keep both dollars and fish in Alaska, and that the mismanagement of the fishery is not sustainable for any user group. She thanked Council and stated that she hopes to see further steps and advocacy. Eric Nyce stated that the closure of setnetting is not due to conservation, and Governor Dunleavy is destroying the fishery and setnetters’ way of life. He compared the Kenai River’s escapement goals and restrictions to those of other rivers, and noted that the Kenai and Kasilof Rivers cannot handle the continued over-escapement. He stated that we need to stand up to politically-motivated closures and force the department to allow set netters to harvest sockeye. Jim Butler thanked those who had provided comments at the meeting, and pointed out how the setnet closure would result in lost tax revenue for the City. He stated that all user groups agree that conservation is important, but allocation through management is not appropriate; we will see a one-to-one return where dipnetters will complain that they cannot fish, and City will lose dipnet revenues and tax revenues. He encouraged the City Council to consider not only the impact on local businesses, but the City as well. Representative Sarah Vance stated that she is a legislator representing the lower Kenai Peninsula, and has heard from many fishermen who feel that over-escapement has been happening for a long time and they want it to be managed according to science and data; she wanted the voices of her constituents to be heard and to add to testimony that this is an ongoing issue. Ray DeBardelaben stated that he is the president of the Kenai River Professional Guide Association asked whether we want to give up on the authentic Kenai kings. He pointed out that the largest kings ever caught in the world were caught in the Kenai River, and their genetics are still there, there is a small hope for them and until we are ready to give that up he does not agree with opening the setnet fishery. Naomi Daigle discussed how East Side Setnetters have faced endless discouragement because of restrictions and closures, and it is financially difficult for them to own a setnet operation and not be permitted to fish. She stated that their sites catch few to no kings because they swim out in deeper water, expressed support for the resolution and thanked everyone involved in bringing it forward. Loren Leman stated that he has setnet near Ninilchik for over 64 years and throughout his time in elected office, and wanted to add his voice to those who are concerned about the very poor public policy of paired restrictions which is closing the East Side Setnet fishery. He thanked Council for bringing forward the resolution, and stated that he hopes this action results in needed change in the way fishery is managed. Christine Grant noted that she had spoken with Governor Dunleavy about what is going on and he said he would speak with the Commissioner of Fish and Game, and stated that we need to let him know that this is an economic disaster for this area. Assembly Member Jesse Bjorkman stated that there is overwhelming support for this large sector of our economy, and that conservation is paramount to the discussion because not one wants to endanger salmon we all rely on. He discussed how over-escapement has a compounding effect on our salmon that is bad for all user groups, and stated that he is available to listen and look for solutions for what we can do to maximize the sustained yield of fish and economic opportunities. Russell Clark stated that he is not willing to give up on kings, and that many people have submitted agenda change requests (ACR) for possible solutions to the Board of Fisheries that fell on deaf ears. He drew comparisons to other areas of the state that were not being restricted in the same way, discussed the ways these restrictions and shutdowns affect set netters, and noted that the community has lost fish processors and as business owners they have employees that depend on them. He stated that the Board of Fisheries needs some ACRs to be put in place. Page 26 City of Kenai Council Meeting Page 5 of 6 July 26, 2022 Brian Scow discussed where he fishes and the number of nets he fishes per his permits, and how he has only caught one king in the last period because kings don’t swim in this shallow water. He explained how over-escapement is a problem for the river, and stated that fishing with beach nets only might be a way to keep escapement down and put money into the local economy. There being no one else wishing to be heard, the public comment period was closed. Council Member Baisden expressed support for the resolution, and noted that the goal was fairness for all user groups in Cook Inlet. He explained that the City Council could be a voice for their constituents to the State, and that the public can also use their voices during elections to affect change at the State level. Council Member Winger thanked the members of the public who joined the meeting, and recognized the written comments provided in the laydown; she noted that feedback had been received on both sides of the issue. She expressed concerns about the local impact to families and how the fishing season affects small local businesses, and for the future of the king salmon species and other sealife species which have been harmed by mismanagement. MOTION TO AMEND: Council Member Pettery MOVED to amend Section 2 by adding the Borough Mayor, the Mayors of Homer and Soldotna, the Borough’s State Representatives, and Senators Murkowski and Sullivan to the list of recipients Resolution No. 2022-57 will be forwarded to. Council Member Winger SECONDED the motion. It was also suggested that the motion also include the Mayor of Seward, and the Kenai Courthouse if approved by Legal. The motion was revised with concurrence of the second. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. Council Member Pettey noted that some State representatives that had been included in the amended had been personally invited to this meeting. Discussion included the collective consequences of over- escapement, including the impacts on East Side Setnetters, the fish, and the economy. Council Member Sounart thanked the members of the public for their participation and expressed concern for their experience over the past three summers. She encouraged everyone to keep fighting and be good stewards for this resource; hopefully the facts will be considered by the representatives the resolution is forwarded to. She discussed the economic effects of the closure and the financial hardship experienced by the setnetters, and that politics should be left out of it and biologists should be allowed to do their job. Council Member Knackstedt noted that he was in concurrence with the rest of the Council; that politics are dominating biology on this issue and the fish science is being ignored. He stated that East Side Setnetters can be a tool to prevent over-escapement, and this should be part of the management plan. He stated that the fisheries have been mismanaged and the East Side Setnetters have been treated unfairly. Vice Mayor Glendening discussed the economic impact of fishing access decisions, noting the high historical value of the product being brought into the City dock and how it represents sustenance to local families, economic value and City tax revenue. Thanked everyone for their support of the resolution. Student Representative Thibodeau thanked the members of the public for attending the meeting. He noted that he believed Kenai Central High School students and teachers would be in support of this, as many of them participate in dipnetting and setnetting. VOTE: YEA: Winger, Pettey, Glendening, Baisden, Knackstedt, Sounart NAY: None **Student Representative Thibodeau: YEA Page 27 City of Kenai Council Meeting Page 6 of 6 July 26, 2022 MOTION PASSED UNANIMOUSLY. [Clerk’s Note: Vice Mayor Glendening returned the gavel to Mayor Gabriel.] Mayor Gabriel noted that the resolution had been well-written, and had been sponsored by the entire body with the exception of himself due to being recused from deliberation. He discussed how the City Council recognizes the importance of treating all user groups fairly, and supports scientific management of these resources; he noted how the Council has weighed in on recent years in fisheries decisions because these meetings are important to the City of Kenai and give the public an opportunity to voice their concerns. He clarified that there is a concern for kings, and stated that he would support legislation to help fund studies of king salmon population issues. C. NEW BUSINESS – None. D. PUBLIC COMMENT Richard McGahan thanked the City Council and asked them to look at the Alaska Constitution, noting that community comes first. Ray DeBardelaben stated that this is a frustrating issue on both sides. He noted that he does not know the answer to solving king salmon population issues, and all user groups need to figure it out because they are the end of the line for all salmon species coming into Cook Inlet. Sarah Frostad-Hudkins thanked the City Council and all the fishermen who attended the meeting. She noted that the fight is not over, noted that this issue will also be addressed by the Soldotna City Council on July 27th, 2022 and encouraged everyone to attend. Mayor Gabriel thanked everyone for attending to voice their concerns, and noted that this is important to the City of Kenai. Council Member Knackstedt thanked Mayor Gabriel for his leadership in bringing this issue to Council’s attention. E. EXECUTIVE SESSION – None. F. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:25 p.m. I certify the above represents accurate minutes of the Kenai City Council special meeting of July 26, 2022. Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 28 KENAI CITY COUNCIL – REGULAR MEETING AUGUST 3, 2022 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 MAYOR BRIAN GABRIEL, PRESIDING City of Kenai Council Meeting Page 1 of 7 August 3, 2022 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai City Council was held on August 3, 2022, in City Hall Council Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m. 1. Pledge of Allegiance Mayor Gabriel led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Brian Gabriel, Mayor James Baisden Teea Winger Deborah Sounart Glenese Pettey Jim Glendening, Vice Mayor Henry Knackstedt A quorum was present. Also in attendance were: Terry Eubank, Acting City Manager Scott Bloom, City Attorney Tony Prior, Fire Chief Mary Toll, Fire Department Administrative Assistant Dave Ross, Police Chief Scott Curtin, Public Works Director Max Best, Interim Planning Director Katja Wolf, Library Director Shellie Saner, City Clerk 3. Agenda Approval Mayor Gabriel noted the following additions to the Packet: Add item G.6. Action/Approval – AGDC Public Comment • Substitute Letter MOTION: Council Member Knackstedt MOVED to approve the agenda with the requested revisions and requested UNANIMOUS CONSENT. Council Member Pettey SECONDED the motion. VOTE: There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Council Member Knackstedt MOVED to approve the consent agenda. Council Member Baisden SECONDED the motion. The items on the Consent Agenda were read into the record. Page 29 City of Kenai Council Meeting Page 2 of 7 August 3, 2022 Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS 1. “Responsibilities for Americans with Disabilities Act Standards”, Garret Dominic. Mr. Dominic was not in attendance. C. UNSCHEDULED PUBLIC COMMENTS Keith Clancy addressed the Council regarding safety concerns for pedestrian and bicycle traffic on Lawton Drive, noting near misses he had seen with vehicles and bicycles and recommended new road design ideas to address the hazards. D. PUBLIC HEARINGS 1. Ordinance No. 3296-2022 – Accepting and Appropriating Donations to the Kenai Community Library for the Purchase of Library Materials. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3296-2022. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Council Members thanked Library Director Wolf for her work and clarification was provided regarding the library of things and its content of items that are not traditionally found in libraries such as computers and board games. VOTE: YEA: Glendening, Baisden, Sounart, Pettey, Winger, Knackstedt, Gabriel NAY: None MOTION PASSED. 2. Ordinance No. 3297-2022 – Amending Kenai Municipal Code 7.15.090 - Disposal of Surplus or Obsolete Materials and Equipment, to Allow for the Police Department to Dispose of Certain Surplus and Obsolete Materials without Advertisement, Public Opportunity, or Procedures to Obtain the Highest Price. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3297-2022. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Page 30 City of Kenai Council Meeting Page 3 of 7 August 3, 2022 VOTE: YEA: Baisden, Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening NAY: None MOTION PASSED. 3. Ordinance No. 3298-2022 – Enacting Kenai Municipal Code Chapter 14.30 - Floodplain Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3298-2022. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding having maps attached to the Ordinance when it is presented to the Planning and Zoning Commission for recommendation and for the second public hearing before Council. MOTION: Council Member Knackstedt MOVED to schedule a second public hearing and postpone Ordinance No. 3298-2022, to the August 17, 2022 City Council Meeting. Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested on the motion to postpone. VOTE: There being no objection; SO ORDERED. 4. Ordinance No. 3299-2022 – Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds and Authorizing a Non-Federal Reimbursable Agreement to Provide Project Support for a Medium Intensity Approach Light System with Runway Alignment Indicator Lights (MALSR) and any Other Impacts from the Kenai Municipal Airport Runway Rehabilitation Project. (Administration) MOTION: Council Member Knackstedt MOVED to enact Ordinance No. 3299-2022. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the Federal Aviation Administration doing the engineering work, this would forward fund the project and the City would be reimbursed for this amount at a later date. VOTE: YEA: Sounart, Pettey, Winger, Knackstedt, Gabriel, Glendening, Baisden NAY: None MOTION PASSED. 5. Resolution No. 2022-58 – Adopting the Updated City of Kenai Emergency Operations Plan. (Administration) Page 31 City of Kenai Council Meeting Page 4 of 7 August 3, 2022 MOTION: Council Member Glendening MOVED to adopt Resolution No. 2022-58. Council Member Winger SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. There was discussion regarding the amount of work that went into the document; the updated document compliance with Federal Regulations; the process involved with updating each individual section; and the importance of having each individuals roles and contact information identified for an efficient response to an emergency. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. 6. Resolution No. 2022-59 – Granting Sewer System and Street Improvement Exceptions to KMC 14.10.080, Minimum Improvements, for King Cove Subdivision Pursuant to KMC 14.10.090, Variations and Exceptions. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-59. Council Member Glendening SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. Clarification was provided regarding suitability of well and septic versus City water and sewer. There was discussion regarding waiving standards and the implications of those waivers’ to homeowners in the future. VOTE: YEA: Winger, Gabriel, Glendening, Baisden, Sounart NAY: Pettey, Knackstedt MOTION PASSED. 7. Resolution No. 2022-60 – Awarding a Contract for the Purchase of Dell Computer Equipment. (Administration) MOTION: Council Member Knackstedt MOVED to adopt Resolution No. 2022-60. Council Member Pettey SECONDED the motion. Mayor Gabriel opened the floor for public comment. There being no one wishing to be heard, the public comment period was closed. UNANIMOUS CONSENT was requested. VOTE: There being no objection; SO ORDERED. E. MINUTES 1. *Regular Meeting of July 6, 2022. (City Clerk) F. UNFINISHED BUSINESS – None. G. NEW BUSINESS Page 32 City of Kenai Council Meeting Page 5 of 7 August 3, 2022 1. *Action/Approval – Bills to be Ratified. (Administration) Approved by the consent agenda. 2. *Ordinance No. 3300-2022 – Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget– Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) Introduced by the consent agenda and Public Hearing set for August 17, 2022. 3. *Ordinance No. 3301-2022 – Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area (AK HIDTA) for Drug Investigation Overtime Expenditures. (Administration) Introduced by the consent agenda and Public Hearing set for August 17, 2022. 4. *Ordinance No. 3302-2022 – Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Wastewater Treatment Plant Improvements Capital Project Fund and Authorizing a Construction Agreement and Purchase Order for the Sludge Press Replacement Project. (Administration) Introduced by the consent agenda and Public Hearing set for August 17, 2022. 5. *Ordinance No. 3303-2022 – Increasing Estimated Revenues and Appropriations in the Water Sewer Special Revenue Fund for Operational Chemical Costs in Excess of Budgeted Amounts. (Administration) Introduced by the consent agenda and Public Hearing set for August 17, 2022. 6. Action/Approval – Authorizing the Issuance of a Letter to the U.S. Department of Energy, National Energy Technology Laboratory Regarding the Alaska LNG Project. (Administration) MOTION: Council Member Knackstedt MOVED to authorize the issuance of the SUBSTITUTE letter as presented in the laydown materials to the U.S. Department of Energy, National Energy Technology Laboratory regarding the Alaska LNG Project. Council Member Glendening SECONDED the motion. Clarification was provided that the letter would be submitted as public comment showing continued support for the project. UNANIMOUS CONSENT was requested on the motion. VOTE: There being no objection; SO ORDERED. H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging Council Member Knackstedt reported on the July 14, 2022 meeting. Next meeting September 8, 2022. 2. Airport Commission No report, next meeting August 11, 2022. 3. Harbor Commission No report, next meeting August 8, 2022. 4. Parks and Recreation Commission Page 33 City of Kenai Council Meeting Page 6 of 7 August 3, 2022 No report, next meeting September 1, 2022. 5. Planning and Zoning Commission Vice Mayor Glendening reported on the July 27, 2022 meeting. Next meeting August 10, 2022. 6. Beautification Committee No report, next meeting September 13, 2022. 7. Mini-Grant Steering Committee Mayor Gabriel reported on the July 15, 2022 meeting and noted that a new application was just received. I. REPORT OF THE MAYOR Mayor Gabriel reported on the following: • Attending the Chamber Luncheon with Senator Micciche’s wrap up report. J. ADMINISTRATION REPORTS 1. City Manager – Acting City Manager Eubank reported on the following: • Public Use Fishery ended on schedule. • Mavis Cone Estate bequeathed approximately $600,000 to the Senior Center. • Upcoming Retirement Parties for Deputy Fire Chief Mark Anderson and Accountant Sue Best. • New Controller Lana Metcalf will begin in mid-August. 2. City Attorney – City Attorney Bloom reported on the following: • No report. 3. City Clerk – City Clerk Saner reported on the following: • Absentee Voting for the State of Alaska Special and Primary Election. • Candidate filing period for the City of Kenai currently open. • Now using Facebook Events to notice Council, Commission and Committee meetings. K. ADDITIONAL PUBLIC COMMENTS 1. Citizen Comments (Public comments limited to (5) minutes per speaker) – None. 2. Council Comments Council Member Pettey stated her thanks for a successful personal use fisheries season and thanked the individual for his comments regarding safety on Lawton Drive. Council Member Sounart stated her thanks for the Resolution support the East Side Set-Netters and the public comment letter for the LNG Project; and wished everyone a safe and enjoyable summer. Council Member Winger reminded everyone that the Kenai Spruce Bark Beetle Slash site was still open, that school would be starting up again soon and to be cautious in the school zones. Vice Mayor Glendening thanked the Administration and staff for the thorough memorandums being provided with the legislation; and noted his appreciation for being able to work with Interim Planning Director Best. L. EXECUTIVE SESSION – None. Page 34 City of Kenai Council Meeting Page 7 of 7 August 3, 2022 M. PENDING ITEMS – None. N. ADJOURNMENT O. INFORMATIONAL ITEMS 1. Purchase Orders Between $2,500 and $15,000. There being no further business before the Council, the meeting was adjourned at 7:16 p.m. I certify the above represents accurate minutes of the Kenai City Council meeting of August 3, 2022. Michelle M. Saner, MMC City Clerk ** The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. Page 35 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3298-2022 AN ORDINANCE ENACTING KENAI MUNICIPAL CODE CHAPTER 14.30-FLOODPLAIN MANAGEMENT, WITHIN TITLE 14-PLANNING AND ZONING, TO REGULATE LAND USE WITHIN THE FLOOD PLAIN AND AUTHORIZING THE CITY TO PARTCIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program (NFIP) via Resolution 2022-13; and, WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City’s bluff erosion project; and, WHEREAS, the City has the authority to enact and enforce regulations regarding the NFIP as a home rule municipality within the State of Alaska; and, WHEREAS, participating in the NFIP will benefit affected property owners through the availability of more affordable flood insurance; and, WHEREAS, the purpose of this ordinance is to promote public health, safety and general welfare, and to minimize public and private losses due to flooding in flood hazard areas; and, WHEREAS, it is in the best interest of the City and its residents to join the NFIP. WHEREAS, at its meeting on _____(date) the Planning and Zoning Commission recommended________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Enactment of Chapter 14.30 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.30 Flood Plain Management,_ is hereby enacted as follows: CHAPTER 14.30. FLOODPLAIN MANAGEMENT 14.30.010. Findings of Fact and Statement of Purpose. A. Findings. The flood hazard areas of the City of Kenai are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Flood losses may be caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to flood loss. B. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: Page 36 Ordinance No. 3298-2022 Page 2 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 9. Participate in and maintain eligibility for flood insurance and disaster relief. 14.30.015. Methods of Reducing Flood Loss. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 14.30.030. General Provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai. B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows: The areas of special flood hazard identified by the federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study” applicable to the City of Kenai in its most recent adopted version (October 20,2016 titled “Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas”) and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this Chapter will be the basis for regulation until a new FIRM is issued. D. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood Page 37 Ordinance No. 3298-2022 Page 3 of 16 New Text Underlined; [DELETED TEXT BRACKETED] damages. This chapter shall not create liability on the part of the City of Kenai, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. E. Noncompliance—Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation. F. Abrogation and greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this ordinance is more stringent, it must be complied with. G. Interpretation. In the interpretation and application of this ordinance, all provisions are considered minimum requirements, liberally construed in favor of the City and do not limit or repeal and other powers granted under state statutes. 14.30.040. Administration. A. Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established or incorporated into this Chapter. Whether or not a project or activity meets the definition for "development" under this Chapter is subject to a final written determination made by the planning department after consultation with the applicant. The permit shall be for all structures (including manufactured homes) and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. For A Zones (A, A1-30, AE, AH, AO): a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures; b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria for non-residential construction; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. For V Zones (VE, V1-30 and V): a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and Page 38 Ordinance No. 3298-2022 Page 4 of 16 New Text Underlined; [DELETED TEXT BRACKETED] c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Floodplain Administrator. The Planning Director or his / her designee is appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. C. Duties and Responsibilities of the Planning Department. Duties of the planning department shall include but not be limited to the following: 1. Permit Application Review. a. Review all development permit applications to determine that the permit requirements have been met; b. Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; c. Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that all provisions of this Chapter are met. 2. Issue Permit. a. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the planning department shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations. b. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The planning department floodplain management office shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed. c. The floodplain development permit is not assignable without permission from the planning department. 3. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with the provisions of this Chapter, the planning department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a federal, state or other source, in order to administer the requirements of this Chapter. 4. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or is otherwise required, actual elevation as submitted (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement must be recorded; b. For all new or substantially improved floodproofed structures: i. Record the actual elevation as submitted (in relation to mean sea level), and ii. Maintain the flood proofing certifications required by this Chapter; Page 39 Ordinance No. 3298-2022 Page 5 of 16 New Text Underlined; [DELETED TEXT BRACKETED] c. Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity. 5. Notification to Other Entities a. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. c. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. Remedial Actions. Take actions on violations of this ordinance as required in Chapter. 7. Alteration of Watercourses. a. Notify adjacent communities and the Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that the flood carrying capacity within altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. Require compliance with all other sections of this Chapter. 8. Fee Required. The planning department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current Schedule of Rates, Charges and Fees to be paid by the applicant at the time that the floodplain development permit application is submitted. 14.30.050. Standards. A. General Standards. In all flood hazard areas, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. 2. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Page 40 Ordinance No. 3298-2022 Page 6 of 16 New Text Underlined; [DELETED TEXT BRACKETED] c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures or slopes to guide floodwaters around and away from proposed structures. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and, c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All proposed improvements such as water, sewer, natural gas, telephone and electrical facilities shall be located and constructed in a manner which will minimize damage in the event of a flood. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain 50 lots or 5 acres, whichever is less. The floodplain requirements for subdivision plats, detailed in this Chapter, apply to all subdivision proposals. e. It is the responsibility of the subdivider to provide all necessary information regarding flood protection measures at the time the preliminary plat is presented for consideration by the planning commission. 5. Review of Development Permits. Where elevation data is not available, applications for development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding and will minimize adverse impacts to neighboring properties. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. B. Specific Standards. In Zone A, AE, A1-30, Ah and AO, as set forth by this Chapter, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the Flood Protection Elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: Page 41 Ordinance No. 3298-2022 Page 7 of 16 New Text Underlined; [DELETED TEXT BRACKETED] i. A minimum of two openings located on separate walls and having a total net area of not less than 1 square inch for every square foot of enclosed space subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than 1 foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. iv. Enclosed areas below the Flood Protection Elevation must be unfinished and usable only for parking, access or storage of materials easily moved during a flood event. v. Before a final floodplain development permit is issued by the planning department for a residential structure with enclosed areas below the base flood elevation, the owners shall sign a non-conversion agreement stating that the enclosed space shall remain in compliance with this Chapter. The non-conversion agreement shall be recorded by the City of Kenai placing future buyers of properties on notice of the hazards of enclosed spaces below the Flood Protection Elevation and the requirements to keep the permitted structure compliant with City of Kenai floodplain regulations. c. For zones AH, AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. d. A garage attached to a residential structure, constructed with the garage floor slab below the Flood Protection Elevation, must be designed to allow for the automatic entry and exit of flood waters. e. For A Zones (A, AE, A1-30, AH, AO): Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to or above the Base Flood Elevation. i. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adjacent grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in this Chapter. A minimum of 2 feet above highest adjacent grade may result in a lower insurance premium. iii. In Zones AE, A1-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood waters. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. f. For V Zones (VE, V1-30 and V): Residential construction, new or substantial improvement, shall: i. Be located landward of the reach of mean high tide; ii. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the Base Flood Elevation; iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used Page 42 Ordinance No. 3298-2022 Page 8 of 16 New Text Underlined; [DELETED TEXT BRACKETED] shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards; iv. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; v. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official planning department. d. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as 1 foot below that level). f. For zones AH, AO, and areas of the SMFDA, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. g. For A Zones (A, AE, A1-30, AH, AO): Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with this non-residential requirements. Page 43 Ordinance No. 3298-2022 Page 9 of 16 New Text Underlined; [DELETED TEXT BRACKETED] Or, together with attendant utility and sanitary facilities, i. Be floodproofed below the elevation recommended so that the structure is watertight with walls substantially impermeable to the passage of water; and ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice meeting the provisions listed above. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification; or certification by a registered professional engineer or architect that the floodproofing design of this section is satisfied, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the Floodplain Administrator for verification. h. For V Zones (VE, V1-30, V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth for non-residential construction. 3. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (A)(1) of this section. 4. Recreational vehicles. Recreational vehicles that are placed on sites within a Special Flood Hazard Area as identified by the current effective FIRM or DFIRM panel are required to either: a. Meet the requirements of Chapter, or b. Be on the site for fewer than 180 consecutive days, or c. Be fully licensed and ready for highway use, on its wheels or jacking system, and attached to the site only by a quick disconnect type utilities and security devices. 5. Appurtenant Structures (Detached garages and Storage Structures. a. For A Zones (A, AE, A1-30, AH, AO): Appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the following requirements: i. Use of the appurtenant structure must be limited to parking of vehicles or storage; ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iii. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; iv. The appurtenant structure must comply with floodway encroachment provisions; and Page 44 Ordinance No. 3298-2022 Page 10 of 16 New Text Underlined; [DELETED TEXT BRACKETED] v. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters. Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards as required for A zones. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. For V Zones (VE, V1-30 and V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth for residential construction. i. Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Special Flood Hazard Area zones AE, A1-A30 as identified in the current effective FIRM or DFIRM panel at that location unless the applicant demonstrates in the application that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. ii. Fuel storage tanks. Any fuel storage tanks shall be elevated above the base flood elevation or made watertight and anchored to resist flotation, collapse, and lateral movement. The tank must also be installed within an impervious containment basin of a size sufficient to contain 110 percent of storage capacity plus 12 inches of freeboard. iii. Logging or clearing. Within any special flood hazard area of the current effective FIRM or DFIRM, logging or clearing may not increase runoff and/or erosion to such levels that it may significantly damage the floodplain function, riparian habitat or wetlands. iv. Floodways. Located within flood hazard areas established in this Chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to erosion potential and the velocity of floodwaters which carry debris, the following provisions apply: 1. All encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If subdivision (1) of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the City first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Notification to Other Entities (B) D. Coastal High Hazard Areas. Where FEMA has identified coastal high hazard areas (Zones V, VE, and V1-V30) on the FIRM or DFIRM, construction shall meet the following requirements in addition to all other provisions in this chapter: 1. All new construction shall be located landward of the reach of mean high tide and shall be anchored to prevent lateral movement, floatation or collapse. Page 45 Ordinance No. 3298-2022 Page 11 of 16 New Text Underlined; [DELETED TEXT BRACKETED] a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. All new construction, manufactured homes, and substantial improvements within coastal high hazard areas shall be elevated on adequately anchored pilings or columns such that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation; and b. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a 1 percent chance of being equaled or exceeded in any given year (100-year or 1- percent annual exceedance probability mean recurrence interval); and c. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall provide a certification that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subdivisions (2)(a) and (2)(b) of this subsection. The certification and related records will be maintained in the planning department permit files in perpetuity. 3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions. Such enclosed space shall not be used for human habitation (only used for parking of vehicles, storage or building access) and must be in compliance with the residential construction standards required in this Chapter. b. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a 1 percent chance of being equaled or exceeded in any given year (100-year or 1-percent annual exceedance probability mean recurrence interval). 4. The use of fill for structural support of buildings within coastal high hazard areas on the FIRM or DFIRM is prohibited. 5. Manufactured Homes. All manufactured homes to be placed or substantially improved within coastal high hazard areas shall meet the requirements for new and substantial improvement construction. E. Standards for Storage of Materials and Equipment a. The storage or processing of materials that could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 14.30.060. Variance procedure. A. Appeal Board. Page 46 Ordinance No. 3298-2022 Page 12 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 1. The Kenai Planning and Zoning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning department in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the planning commission may appeal such decision in accordance with KMC 14.20.290 and 14.20.300. 4. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other section of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 5. Upon consideration of the factors of subsection (A)(4) of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter, 6. The planning department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances. 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subparagraphs (a) through (k) of subsection (A)(4) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. 3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. Page 47 Ordinance No. 3298-2022 Page 13 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 6. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or to economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, exceptions from the flood elevations should be quite rare. 7. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-flood proofing where it can be determined that such action will have low damage potential, complies with all other exception criteria except subsection (B)(1) of this section, and otherwise complies with this Chapter. 8. Any applicant to whom a variances is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 14.30.070. Definitions. For the purposes of this chapter, the following words and phrases shall be defined as follows: "100-year or 1-percent annual exceedance probability flood" (also called "regulatory flood," "base flood", "base flood depth", or "special flood hazard area") means a flood with a 1 percent chance of being equaled or exceeded in any year. Statistical analysis of available streamflow or storm records, or analysis of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used to determine the extent and depth of the 100-year or 1-percent annual exceedance probability flood. “Area of shallow flooding” A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard” The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. “Base flood” The flood having a one percent chance of being equaled or exceeded in any given year. “Base flood elevation (BFE)” The elevation to which floodwater is anticipated to rise during the base flood. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. Page 48 Ordinance No. 3298-2022 Page 14 of 16 New Text Underlined; [DELETED TEXT BRACKETED] "Clearing" means the act of removing trees or vegetation on a cumulative 20 percent or more of a given parcel of land. "Coastal high hazard area" means the area subject to high velocity waters due to wind, tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and lives. The Area designated on the FIRM as zone V1-30, VE or V. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. "Federal Emergency Management Agency" is the agency responsible for administration of the National Flood Insurance Program. "Flood hazard area" means the land area covered by the flood, having a 1 percent chance of occurring in any given year. See also "100-year or 1-percent annual exceedance probability flood." The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. "Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM)" means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and risk premium zones applicable to the community. A FIRM that been made available digitally is called a Digital Flood Insurance Rate Map. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “Regulatory Floodway.” “Functionally dependent use” A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Highest adjacent grade” The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Logging" means the process, work, or business of cutting down trees, storage of logs and transporting the logs to sawmill(s), or for sale or export. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than the basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Page 49 Ordinance No. 3298-2022 Page 15 of 16 New Text Underlined; [DELETED TEXT BRACKETED] “New construction” For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Planning department" means the planning department of the City of Kenai. "Primary structure" means a dwelling, a building suitable for commercial use, or any structure which will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable only in the SMFDA. "Special Flood Hazard Area (SFHA)" see “Flood Hazard Area”. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building including liquid or gas storage tank, as well as a manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed 50 percent of the assessed value of the structure before damage occurred. "Substantial evidence" means evidence a reasonable mind might accept to support a conclusion. "Substantial improvement" means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started or, if the property has been damaged and is being restored, before the damage occurred. This term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified or cited by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or State Register of Historic Places. Section 2. That the City Manager, or his designee, is authorized to apply for entry into the NFIP on behalf of the City. 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 Page 50 Ordinance No. 3298-2022 Page 16 of 16 New Text Underlined; [DELETED TEXT BRACKETED] 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 3RD DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: July 6, 2022 Enacted: August 3, 2022 Effective: September 2, 2022 Page 51 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: June 30, 2022 SUBJECT: Ordinance 3298 – 2022 Enacting Floodplain Management The Council expressed its intent to participate in the National Flood Insurance Program (NFIP) earlier this year via Resolution No. 2022-13. Participation in the NFIP is a requirement to work with the US Army Corp of Engineers on the bluff erosion project. This ordinance enacts a new chapter of code within Title 14 and authorizes the City Manager to apply for entry into the NFIP on behalf of the City. City administration has been working with a FEMA Region 10 Floodplain Management Specialist to work through the process and draft the new chapter of code with provisions meeting federal regulatory requirements. The new proposed chapter was modeled after the Kenai Peninsula Borough’s existing NFIP ordinances, updated to meet newer federal requirements, and customized to work within the City’s existing code structure. It is intended by administration that Council will receive input from the Planning and Zoning Commission prior to enactment. Your consideration is appreciated. Page 52 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom DATE: July 26, 2022 SUBJECT: Ordinance No. 3298-2022 NFIP Program This memorandum requests Council postpone the public hearing on Ordinance No. 3298-2022 until the Council’s August 17, 2022 meeting. The Planning and Zoning Commission will make a recommendation on the Ordinance at its August 10, 2022 meeting and a substitute ordinance will be recommended by administration after review by the Commission. Additionally, Administration is trying to coordinate with a FEMA representative to speak to the NFIP program at the Council’s public hearing at the August 17, 2022 meeting. A motion “to move to postpone the public hearing until the regular Council meeting of August 17, 2022 to allow the Planning and Zoning Commission to make a recommendation prior to the public hearing” would be appropriate. Your consideration is appreciated. Page 53 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: August 11, 2022 SUBJECT: Amend Ordinance 3298-2022 by Ordinance 3298-2022 (Substitute) Administration request Council “move to amend Ordinance 3298-2022 by Ordinance 3298- 2022(Substitute)” The substitute makes technical and housekeeping amendments pursuant to further administrative and federal agency review. A copy of the substitute ordinance in track changes is provided to show all the changes as compared to the original introduced ordinance. Your consideration is appreciated. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 54 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3298-2022 (SUBSTITUTE) AN ORDINANCE ENACTING KENAI MUNICIPAL CODE CHAPTER 14.30-FLOODPLAIN MANAGEMENT, WITHIN TITLE 14-PLANNING AND ZONING, TO REGULATE LAND USE WITHIN THE FLOOD PLAIN AND AUTHORIZING THE CITY TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program (NFIP) via Resolution 2022-13; and, WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City’s bluff erosion project; and, WHEREAS, the City has the authority to enact and enforce regulations regarding the NFIP as a home rule municipality within the State of Alaska; and, WHEREAS, participating in the NFIP will benefit affected property owners through the availability of more affordable flood insurance; and, WHEREAS, the purpose of this ordinance is to promote public health, safety and general welfare, and to minimize public and private losses due to flooding in flood hazard areas; and, WHEREAS, at its meeting on August 10, 2022 the Planning and Zoning Commission recommended approval by unanimous consent; and, WHEREAS, it is in the best interest of the City and its residents to join the NFIP. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Enactment of Chapter 14.30 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.30 Flood Plain Management, is hereby enacted as follows: CHAPTER 14.30. FLOODPLAIN MANAGEMENT 14.30.010. Findings of Fact and Statement of Purpose. A. Findings. The flood hazard areas of the City of Kenai are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Flood losses may be caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to flood loss. B. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: Page 55 Ordinance No. 3298-2022 Substitute Page 2 of 15 New Text Underlined; [DELETED TEXT BRACKETED] 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 9. Participate in and maintain eligibility for flood insurance and disaster relief. 14.30.020. Methods of Reducing Flood Loss. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 14.30.030. General Provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai. B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows: The areas of special flood hazard identified by the federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study” applicable to the City of Kenai in its most recent adopted version (October 20,2016 titled “Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas”) and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this Chapter will be the basis for regulation until a new FIRM is issued. C. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas Page 56 Ordinance No. 3298-2022 Substitute Page 3 of 15 New Text Underlined; [DELETED TEXT BRACKETED] of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Kenai, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. D. Noncompliance—Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation. E. Abrogation and greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this ordinance is more stringent, it must be complied with. F. Interpretation. In the interpretation and application of this ordinance, all provisions are considered minimum requirements, liberally construed in favor of the City and do not limit or repeal and other powers granted under state statutes. 14.30.040. Administration. A. Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established or incorporated into this Chapter. Whether or not a project or activity meets the definition for "development" under this Chapter is subject to a final written determination made by the planning department after consultation with the applicant. The permit shall be for all structures (including manufactured homes) and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. For A Zones (A, A1-30, AE, AH, AO): a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures; b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria for non-residential construction; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. For V Zones (VE, V1-30 and V): a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and Page 57 Ordinance No. 3298-2022 Substitute Page 4 of 15 New Text Underlined; [DELETED TEXT BRACKETED] c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Floodplain Administrator. The Planning Director or his / her designee is appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. C. Duties and Responsibilities of the Planning Department. Duties of the planning department shall include but not be limited to the following: 1. Permit Application Review. a. Review all development permit applications to determine that the permit requirements have been met; b. Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; c. Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that all provisions of this Chapter are met. 2. Issue Permit. a. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the planning department shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations. b. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The planning department floodplain management office shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed. c. The floodplain development permit is not assignable without permission from the planning department. 3. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with the provisions of this Chapter, the planning department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a federal, state or other source, in order to administer the requirements of this Chapter. 4. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or is otherwise required, actual elevation as submitted (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement must be recorded; b. For all new or substantially improved floodproofed structures: i. Record the actual elevation as submitted (in relation to mean sea level), and ii. Maintain the flood proofing certifications required by this Chapter; Page 58 Ordinance No. 3298-2022 Substitute Page 5 of 15 New Text Underlined; [DELETED TEXT BRACKETED] c. Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity. 5. Notification to Other Entities a. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. c. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. Remedial Actions. Take actions on violations of this ordinance as required in KMC Chapter 14.20. 7. Alteration of Watercourses. a. Notify adjacent communities and the Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that the flood carrying capacity within altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. Require compliance with all other sections of this Chapter. 8. Fee Required. The planning department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current Schedule of Rates, Charges and Fees to be paid by the applicant at the time that the floodplain development permit application is submitted. 14.30.050. Standards. A. General Standards. In all flood hazard areas, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. 2. Construction Materials and Methods. a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Page 59 Ordinance No. 3298-2022 Substitute Page 6 of 15 New Text Underlined; [DELETED TEXT BRACKETED] b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures or slopes to guide floodwaters around and away from proposed structures. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and, c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All proposed improvements such as water, sewer, natural gas, telephone and electrical facilities shall be located and constructed in a manner which will minimize damage in the event of a flood. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain 50 lots or 5 acres, whichever is less. The floodplain requirements for subdivision plats, detailed in this Chapter, apply to all subdivision proposals. e. It is the responsibility of the subdivider to provide all necessary information regarding flood protection measures at the time the preliminary plat is presented for consideration by the planning commission. 5. Review of Development Permits. Where elevation data is not available, applications for development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding and will minimize adverse impacts to neighboring properties. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. 6. Alteration of Watercourses. The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained. Maintenance shall be provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. B. Specific Standards. In Zone A, AE, A1-30, Ah and AO, as set forth by this Chapter, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the Flood Protection Elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by Page 60 Ordinance No. 3298-2022 Substitute Page 7 of 15 New Text Underlined; [DELETED TEXT BRACKETED] allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two openings located on separate walls and having a total net area of not less than 1 square inch for every square foot of enclosed space subject to flooding shall be provided. ii. The bottom of all openings shall be no higher than 1 foot above grade. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. iv. Enclosed areas below the Flood Protection Elevation must be unfinished and usable only for parking, access or storage of materials easily moved during a flood event. v. Before a final floodplain development permit is issued by the planning department for a residential structure with enclosed areas below the base flood elevation, the owners shall sign a non-conversion agreement stating that the enclosed space shall remain in compliance with this Chapter. The non-conversion agreement shall be recorded by the City of Kenai placing future buyers of properties on notice of the hazards of enclosed spaces below the Flood Protection Elevation and the requirements to keep the permitted structure compliant with City of Kenai floodplain regulations. c. For zones AH and AO drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. d. A garage attached to a residential structure, constructed with the garage floor slab below the Flood Protection Elevation, must be designed to allow for the automatic entry and exit of flood waters. e. For A Zones (A, AE, A1-30, AH, AO): Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to or above the Base Flood Elevation. i. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adjacent grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in this Chapter. A minimum of 2 feet above highest adjacent grade may result in a lower insurance premium. iii. In Zones AE, A1-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood waters. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. f. For V Zones (VE, V1-30 and V): Residential construction, new or substantial improvement, shall: i. Be located landward of the reach of mean high tide; Page 61 Ordinance No. 3298-2022 Substitute Page 8 of 15 New Text Underlined; [DELETED TEXT BRACKETED] ii. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the Base Flood Elevation; iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards; iv. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; v. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official planning department. d. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as 1 foot below that level). Page 62 Ordinance No. 3298-2022 Substitute Page 9 of 15 New Text Underlined; [DELETED TEXT BRACKETED] f. For zones AH and AO drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. g. For A Zones (A, AE, A1-30, AH, AO): Non-residential construction, new or substantial improvement, shall have the lowest floor elevated to conform with the standards in Section (B)(1)(b) and (B)(1)(e). h. For V Zones (VE, V1-30, V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth in (B)(1)(f). 3. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, AE, and AO shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (A)(1) of this section and meet residential requirements for Zones AO as applicable 4. Recreational vehicles. Recreational vehicles that are placed on sites within a Special Flood Hazard Area as identified by the current effective FIRM or DFIRM panel are required to either: a. Be on the site for fewer than 180 consecutive days, or b. Be fully licensed and ready for highway use, on its wheels or jacking system, and attached to the site only by a quick disconnect type utilities and security devices. c. Meet the permit requirements of Section 14.30.040 of this Ordinance and the applicable elevation and anchoring requirements for manufactured homes in this Ordinance. 5. Appurtenant Structures (Detached garages and Storage Structures. a. For A Zones (A, AE, A1-30, AH, AO): Appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the following requirements: i. Use of the appurtenant structure must be limited to parking of vehicles or storage; ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; v. The appurtenant structure must comply with floodway encroachment provisions; and vi. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters. Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards as required for A zones. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. For V Zones (VE, V1-30 and V): Page 63 Ordinance No. 3298-2022 Substitute Page 10 of 15 New Text Underlined; [DELETED TEXT BRACKETED] Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth for residential construction. c. Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Special Flood Hazard Area zones AE, A1-A30 as identified in the current effective FIRM or DFIRM panel at that location unless the applicant demonstrates in the application that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. d. Fuel storage tanks. Any fuel storage tanks shall be elevated above the base flood elevation or made watertight and anchored to resist flotation, collapse, and lateral movement. The tank must also be installed within an impervious containment basin of a size sufficient to contain 110 percent of storage capacity plus 12 inches of freeboard. e. Logging or clearing. Within any special flood hazard area of the current effective FIRM or DFIRM, logging or clearing may not increase runoff and/or erosion to such levels that it may significantly damage the floodplain function, riparian habitat or wetlands. f. Floodways. Located within flood hazard areas established in this Chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to erosion potential and the velocity of floodwaters which carry debris, the following provisions apply: i. All encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during occurrence of base flood discharge. ii. If subdivision (1) of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. iii. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the City first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Notification to Other Entities. C. Standards for Storage of Materials and Equipment 1. The storage or processing of materials that could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 14.30.060. Variance procedure. A. Appeal Board. 1. The Kenai Planning and Zoning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. Page 64 Ordinance No. 3298-2022 Substitute Page 11 of 15 New Text Underlined; [DELETED TEXT BRACKETED] 2. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning department in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the planning commission may appeal such decision in accordance with KMC 14.20.290 and 14.20.300. 4. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other section of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 5. Upon consideration of the factors of subsection (A)(4) of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter, 6. The planning department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances. 1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. 2. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; Page 65 Ordinance No. 3298-2022 Substitute Page 12 of 15 New Text Underlined; [DELETED TEXT BRACKETED] c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 5. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or to economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, exceptions from the flood elevations should be quite rare. 6. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-flood proofing where it can be determined that such action will have low damage potential, complies with all other exception criteria except subsection (B)(1) of this section, and otherwise complies with this Chapter. 7. Any applicant to whom a variances is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 14.30.070. Definitions. For the purposes of this chapter, the following words and phrases shall be defined as follows: "100-year or 1-percent annual exceedance probability flood" (also called "regulatory flood," "base flood", "base flood depth", or "special flood hazard area") means a flood with a 1 percent chance of being equaled or exceeded in any year. Statistical analysis of available streamflow or storm records, or analysis of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used to determine the extent and depth of the 100-year or 1-percent annual exceedance probability flood. “Area of shallow flooding” A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard” The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. “Base flood” The flood having a one percent chance of being equaled or exceeded in any given year. “Base flood elevation (BFE)” The elevation to which floodwater is anticipated to rise during the base flood. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. "Clearing" means the act of removing trees or vegetation on a cumulative 20 percent or more of a given parcel of land. "Coastal high hazard area" means the area subject to high velocity waters due to wind, tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and lives. The Area designated on the FIRM as zone V1-30, VE or V. Page 66 Ordinance No. 3298-2022 Substitute Page 13 of 15 New Text Underlined; [DELETED TEXT BRACKETED] "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Federal Emergency Management Agency" is the agency responsible for administration of the National Flood Insurance Program. "Flood hazard area" means the land area covered by the flood, having a 1 percent chance of occurring in any given year. See also "100-year or 1-percent annual exceedance probability flood." The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. "Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM)" means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and risk premium zones applicable to the community. A FIRM that been made available digitally is called a Digital Flood Insurance Rate Map. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “Regulatory Floodway.” “Functionally dependent use” A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Highest adjacent grade” The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Logging" means the process, work, or business of cutting down trees, storage of logs and transporting the logs to sawmill(s), or for sale or export. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than the basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. “New construction” For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Planning department" means the planning department of the City of Kenai. "Primary structure" means a dwelling, a building suitable for commercial use, or any structure which will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable only in the SMFDA. Page 67 Ordinance No. 3298-2022 Substitute Page 14 of 15 New Text Underlined; [DELETED TEXT BRACKETED] “Recreational Vehicle” means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use. "Special Flood Hazard Area (SFHA)" see “Flood Hazard Area”. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building including liquid or gas storage tank, as well as a manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed 50 percent of the assessed value of the structure before damage occurred. "Substantial evidence" means evidence a reasonable mind might accept to support a conclusion. "Substantial improvement" means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started or, if the property has been damaged and is being restored, before the damage occurred. This term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified or cited by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or State Register of Historic Places. "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. Section 2. That the City Manager, or his designee, is authorized to apply for entry into the NFIP on behalf of the City. 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 17TH DAY OF AUGUST, 2022. Page 68 Ordinance No. 3298-2022 Substitute Page 15 of 15 New Text Underlined; [DELETED TEXT BRACKETED] ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: July 6, 2022 Enacted: August 17, 2022 Effective: September 16, 2022 Page 69 'er.a, Peninsula Borough, Alaska -EW Risk MAP Project Daft L D, aft 1/Vati:r ~ 1:1'ace El G (a~ "t Wt. 111111 Page 70 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Max Best, Interim Planning Director DATE: August 17, 2022 SUBJECT: Ordinance 3298 – 2022 Enacting Floodplain Management At the regularly scheduled Planning Commission meeting of August 10, 2022 the Commissions, recommended approval of Ordinance 3298-2022 by unanimous vote. Mapping information provided for Ordinance 3298-2022 for the August 17, 2022 meeting is located at the following site. Kenai Peninsula Borough, Alaska - FEMA Risk MAP Project (arcgis.com) At the top of the page click on “Kenai River (Revised Draft – 2022.07” for new mapping. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 71 City of Kenai I 210 Fidalgo Ave, Kenai, AK 99611-7794 I 907.283.7535 I www.kenai.city MEM ORAN DU M TO: FROM: DATE: SUBJECT: P_lanning and Zoning Commission Max Best, Interim Planning Director August 10, 2022 Ordinance 3298 -2022 Enacting Floodplain Management The Kenai City Council expressed its intent to participate in the National Flood Insurance Program (NFIP) via Resolution 2022-13. Participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City's bluff erosion project. The City has the authority to enact and enforce regulations regarding the NFIP as a home rule municipality within the State of Alaska. Participation in the NFIP will benefit affected property owners through the availability of more affordable flood insurance. This Ordinance will be add a new chapter of code within Tile 14 and be administered by the City Planning Department. The new proposed chapter was modeled after the Kenai Peninsula Borough's existing NFIP ordinances, updated to meet newer federal requirements and customized to work within the City's existing code. Enactment of this ordinance will ensure the Federal Insurance Administrator that the City will maintain and keep in force adequate land use and control measures in those areas having flood, mudslide, or flood-related erosion hazards. Does the Commission recommend Council approve and adopt Ordinance 3928-2022 Enacting Floodplain Management? Attachments Ordinance 3928-2022 Resolution 2022-13 NFIP fact sheet Page 72 KJ;NAI CITY OF KENAI RESOLUTION NO. 2022-13 Sponsored by: Administration A RESOLUTION OF THE CITY OF KENAI, ALASKA EXPRESSING INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, certain"areas of the City of Kenai could be subject to periodic flooding, mudslides, or flood-related erosion, causing serious damages to properties within these areas; and 1 WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the N~onal Flood insurance Act. of 1968; and, WHEREAS, it is the intent of the City Council to require the recognitipn and evaluation of flood, mudslide. or flood-related erosion hazards in all official actions relating to land use in areas having these hazards; and, WHEREAS, as .a home-rule municipality, the City Council has the le.gal authority to adopt land use and control measures to reduce future flood losses. NOW, THEREFORE;, BE IT RESOLVED av THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council assures the Federal Insurance Administrator that it will enact as l'.lecessary, and maintain in force in those areas having flood, mudslide (i.e. mudflow), or flood-related erosion hm!ards, adequate land use and control measures with effective enforcement provisions consistent with th~ Criteria set forth for the National Flood Insurance Program in Part 60 Title 44 of the Code of federal Regulations. Section 2~ That the City Manager or designee has the responsibility, authority and means· to: 1. Assist the Administrator, by request, in the delineation of the limits of the area having special flood, mudslide (i.e. mud-flow), or flo.od-related erosion hazards. 2. Provide suC.h information as the Administrator may request concerning present uses and occupancy of the floodplain, mudslide (i.e. mud flow) or flood-related erosion areas. 3. Cooperate with Federal, State and local agencies and private firms which undertake to study, ... survey, .. map and--identify floodplain, .mu.d,l{de,. (Le .. mudflowJr -or-flood-related erosion areas, and cc;,operate with neighboring communities with respect to management of adjoining floodplain, mudslide (i.e. mudflow) and/or flood related erosion areas 1n order to prevent aggravation· Qf existing hazards. 4. Subrnit on the anniversary date. of the community•s initial eligibility an Annual Report to the Administrator on the progress made during the past year within the community in the development and implementation of floodplain management measures. 5. Upon occurrence, notify the Administrator in writing whenever the boundaries of the _J; community have been modified by annexation or the CQmmunity "as otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Hazard Boundary Maps and/or Flood Insurance Page 73 Resolution No. 2022-13 Page 2 of2 Rate Maps accurately represent the community • s boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly d~lineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority . 6. Appoints the City of Kenai Planning Department to maintain for public in$pection and to furnish upon request, for the detennination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FloQd Hazard Boundary Map or Flood lnsuranoe Rate Map, any certificates of flood-proofing, and information on the elevation (in relation to mean sea level) of the level of the lowest habitable floor (including basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement. and if the structure has been floodproofed the elevation (in relation to mean sea level) to which the structure was floodproofed. 7. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. S•ction 3. That this Resolution takes effect immediately upon adoption. PASSED BY THE. COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of March, 2022. BRIAN GABRIEL, SR., MAYOR M.afu=i.MMC, City Clerk Page 45 Page 74 · ., ti ll. N " l' F· 1· d I Jo1n1ng tJL1e · .at1ona: ·. ioo·; ;nsu1tance Pro)gram The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling pr9perty owners in par- ticipating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Over 20,000 communities participate in the Program. The decision on whether to ·join the NPlP is very important for a ooJDJmm1ty. Thm is no Federal law that requires a cominunity to join the Prognm and community participation is voluntary. A benefit of partldpation is that your dtizem are provided the opportunlty to pur~ flood insurance to protect themselves from ftood losses. Another consideration is that a mmmunity that bas been identified by the Department of Homeland Security's Federal Bmergency ManagementAgency (FEMA) as being fiood-:prone and has not joined the NFIP within one year of being notified of bejng mapped as fiood-prone will be saned.on~. This rneans that Federal agencies camiot ptovide financial assistance for buildings bl flood huard$ areas. FEMA is required by Jaw to identify and map the Nation•s flood-prone areas. The identification of Bood hu.ards serves many unportant purposes. Identifying flood hazards creates an awueness of the hazard. especially for those who live In making the decision whether to Join the NFIP, communities need to keep in mind that homeowners• . insurance polides generally do not cover flood losses, and many homeowners and other property owners are often unaware ~ their property is flood-prone. Bven if your community has not been identified as flood-prone by FEMA, your community can still join the NFIP. By partid.~g in the NF1P, property owners throughout the community will be able to purchase ftolld insurance. Communities that have been identified as flood-prone by FEMA need to hep in mind that property owners in a non- participating community are ineligible for most forms of disaster assistance within the identified flood hazard areas. This does not affect communities that have not had flood hazards ~dentified by FEMA. Whal must a com.murtfty. do to Join the NFtP? and work in ftood-prone areas. Maps provide States and To· join the Program. the con:smunity must submit an communities with the information needed for land use application pacbge that includes the following information! planning and to reduce flood risk to ftoodpWn development an~ implement other health and safety • Application For ~lclpation fn the National Rood requirements through C9des and regulations. States and Insurance Program {FEMA Fcmn 81-64): communities can also use the information for emergency· This one-page form asks for the following information : • Community Dan)e ~em~ • .Cbief.Executi~-Officer To partf•cipaie. in the NAP: a ~~ty must ~dopt and • Person re,spansible for administering the communify's enforce fioodp1aln management regulations that meet or floodplain management program exceed the minimum requirements of the Program. These • Community repository for public inspection of flood reqµirem.ents are in~ed to prevent loss of life and property maps and reduce taxpayer costs for disuter .relief, as well as • Estimates of land area, population; arid number of ntinirnltt economic anci social hardships that result from slJ'UetURS in and outside the floodplain ftoodmg. • Resolution ef Intent The coJU[DUllity must a.dept a • When PBMA provides a community with a flood ~ resolution of Intent, which indicates an explid.t desire map, the community should carefully review these maps to participate in the NPlP arid ·COmmitment to recognize and detmnine whether fiood insurance and :floodplain flood~ and carry out the .• 1d b efi. th . . d . • . objecnves of the Program. management wou.1 en t e commumty an its anzens. I Page 46 I Page 75 ~IM1f.10U .... KNOW ~ a the most comir_lon and most costly rtatural disaster In lhe United States. . 8efote most forms of felleml dlsasler aBSlslance can be offeJed, lhe President must declare a major dlsastBr. Rood tnsurance deims are pJld \fflethw or not a dlsasterflas been Presldentlllly de_daied. 1he ml!Sl common form of Federatdtsai;ter assistance Is a loan, which must be paid IJackwlth l'"8l8sL -n.ire .ereibciut4.7 ~1lood Insurance ~Jn·fom& In more tmtn 20,000 COJl)munltles across lhe U.S. Overlhe life of a 30-)VBr mortgage, the{t • a 26-peroent (or 1 Jn 4) chance that a buUdiiig in a flnodptaln wm expelience a flood that win equal or exceed itii 1-pen:ent-dlance flOOd (i~rflOOd). · Since 1969, U.e NRP has patd over $14 bl!lion tn flood fnswante claims that have helped hundieds of 1housands oifamlffes reccwer from flood tllsllsle!S, Appnllirnately ~K of all clalmS paid by the NAP are for pollcles outside of the "'8Pped fl®dplaln. CAN YOUR COMIIIQffl'Y ~ HOF 'i'O MffhCIPMff c Ftoodplaln Management Regulath>n5: The community must adopt and sQ.bmit floodplain I11ar1agement regu)ati.OIJS that meet or exceed the mmimum flood plain management requirements of the NFIP. Please contact your FEMA RegiODal Office or the NFIP St.ate Coordinating Agency for information about joining the PrQgram. These offices will provide an Jpplication, sample resolution. and a model ftoodplam management ordinance. (See "For Assistance .. on the back page for oontact information) What are the requlrem"1ts that a community must adQpt? The NFIP requirements are designed to ensure that new buildings and substantially unproved existing buildings in flood~prone areas are protected &om B.ood damages. The minim.um. NFJP floodplain management requirements that a community must adopt are located in Tide 44-of the Code of Pedeml -..dam (44 CPA) st.Ction 60.l. ~e specific requirements that a community must adopt depend on the type of flood hazard data that is provided to the community byFEMA. In addition. to meeting the requirements of the NFIP, a commlUlity 1s 8.oodplain management regulations must be legally enforceable. This means that the regulations must meet applicable provisions of State enah1tng laws, which authorize communities to enact· and enforce floodplain management regulations and be adopted through a process that meetS applicable State and local. due process procedures. State authority for floodplain managem~t varies from State to State. Some SWes require that CODlll1unities regulate fl(k?~p~ns ~o a higJ.ier ~~ ~ ~ ~i.!1.~m-~ NFIP requirements for certain aspects of floodplain management. Some States have a requirement that communitjes must submit their floodplain management regulations to the State for approval. Communities should contact the State NFIP Coordinating Agency for assist.ante on specific State requirements that must also be met. As indicated above, the FEMA Regional Office or the NFIP State Coordinating Agency tan provide the community with a model floodplain management ordinance and guidance on the sped.fie requirements the community will need to adopt. What type of regulations can a community adopt'? Community :floodplain management regulations are usually found in the following types of regulations: zoning ordinances, building codes, subdivision ordinance, sanitary regulations, and "stand alone" 1ioodplain management o.rdiil.ances. How your community approaches fioodp]ain management depends on State laws and regulations and also how your community chooses to manage its flood hazards. Whf,lt happens If a c;ommunlty Is Identified as ffood- prone, but does not Join the NRP? The following sanctions apply if a community does not qualify for participation in the NFIP within one year of being identified as flood-prone by FEMA. Non-participating communities that have not been identified as flood-prone by FBMA are not ~bject to these sanctions. ~ Property owners will not be able to purchase NFIP fiood insurance policies and existing policies will not be renewed. • Federal grants or loans for development Will not be available in identified flood huard areas under programs administered by Federal agencies such as the Dep~ent of Housing and Urban Development, Bn:vironmenral Protection Agency. and Small Business Administration. • Fed~ disaster assistance for flood damage will not be provided to repair insurable buildings located in identified flood huard areas. c Federal mortgage iJ?.surance or loan guarantees, such U··thGSe written•by the-Federal Housing Administrati.Gn and the Department ofVeteran Affairs. ~ not be provided in identUied flood hazard areas. • Federally insured or regulated lending institu,tions, such as banks and credit unions. are allowed to make C(>JIYeD.tionalloansforinsilrablebulldingsinflood ha7.ard areas of nonparticipating communities. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. Page 76 Kenai Peninsula Borough, uo'afh,.-,ttc,f< udy I!!= ~ ~ b ,;, , aska -FEMA Risk MAP Project Page 77 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3298-2022 (SUBSTITUTE) AN ORDINANCE ENACTING KENAI MUNICIPAL CODE CHAPTER 14.30-FLOODPLAIN MANAGEMENT, WITHIN TITLE 14-PLANNING AND ZONING, TO REGULATE LAND USE WITHIN THE FLOOD PLAIN AND AUTHORIZING THE CITY TO PARTCIPATEPARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the Council expressed its intent to participate in the National Flood Insurance Program (NFIP) via Resolution 2022-13; and, WHEREAS, participation in the NFIP is a requirement for the City to work with the US Army Corps of Engineers to complete the City’s bluff erosion project; and, WHEREAS, the City has the authority to enact and enforce regulations regarding the NFIP as a home rule municipality within the State of Alaska; and, WHEREAS, participating in the NFIP will benefit affected property owners through the availability of more affordable flood insurance; and, WHEREAS, the purpose of this ordinance is to promote public health, safety and general welfare, and to minimize public and private losses due to flooding in flood hazard areas; and, WHEREAS, at its meeting on August 10, 2022 the Planning and Zoning Commission recommended approval by unanimous consent; and, WHEREAS, it is in the best interest of the City and its residents to join the NFIP. WHEREAS, at its meeting on _____(date) the Planning and Zoning Commission recommended________. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Enactment of Chapter 14.30 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.30 Flood Plain Management,_, is hereby enacted as follows: CHAPTER 14.30. FLOODPLAIN MANAGEMENT 14.30.010. Findings of Fact and Statement of Purpose. A. Findings. The flood hazard areas of the City of Kenai are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Flood losses may be caused by the cumulative effect of obstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to flood loss. Page 78 Ordinance No. 3298-2022 Substitute Page 2 of 17 New Text Underlined; [DELETED TEXT BRACKETED] B. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 9. Participate in and maintain eligibility for flood insurance and disaster relief. 14.30.015020. Methods of Reducing Flood Loss. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 14.30.030. General Provisions. A. Lands to Which this Chapter Applies. This chapter shall apply to all flood hazard areas within the City of Kenai. B. Basis for Establishing Flood Hazard Areas. Flood hazard areas are identified as follows: The areas of special flood hazard identified by the federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study” applicable to the City of Kenai in its most recent adopted version (October 20,2016 titled “Flood Insurance Study for the Kenai Peninsula Borough, Alaska and Incorporated Areas”) and any subsequent revisions thereto, with accompanying Flood Insurance Maps and revisions thereto. The Flood Insurance Study is on file at the City of Kenai administrative offices. The best available information for flood hazard area identification provided in this Chapter will be the basis for regulation until a new FIRM is issued. Page 79 Ordinance No. 3298-2022 Substitute Page 3 of 17 New Text Underlined; [DELETED TEXT BRACKETED] DC. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Kenai, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. ED. Noncompliance—Enforcement. Structures and activities which are not permitted or allowed by this chapter are prohibited. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall be enforced by the remedies set forth in KMC 14.20 including any injunctive remedies allowed by law. Each day a violation continues is a separate violation. FE. Abrogation and greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing easements or deed restrictions. However, where this ordinance is more stringent, it must be complied with. GF. Interpretation. In the interpretation and application of this ordinance, all provisions are considered minimum requirements, liberally construed in favor of the City and do not limit or repeal and other powers granted under state statutes. 14.30.040. Administration. A. Development Permit Required. A development permit shall be obtained before construction or development begins within flood hazard areas established or incorporated into this Chapter. Whether or not a project or activity meets the definition for "development" under this Chapter is subject to a final written determination made by the planning department after consultation with the applicant. The permit shall be for all structures (including manufactured homes) and for all other development including fill and other activities. Application for a development permit shall be made on forms furnished by the City and shall include but not be limited to the following: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; logging, placement of storage tanks (fuel or other), existing or proposed structures, substantial improvements of existing structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. For A Zones (A, A1-30, AE, AH, AO): a. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent grade and proposed elevation of lowest floor of all structures; b. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria for non-residential construction; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. For V Zones (VE, V1-30 and V): a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; Page 80 Ordinance No. 3298-2022 Substitute Page 4 of 17 New Text Underlined; [DELETED TEXT BRACKETED] b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. B. Designation of the Floodplain Administrator. The Planning Director or his / her designee is appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. C. Duties and Responsibilities of the Planning Department. Duties of the planning department shall include but not be limited to the following: 1. Permit Application Review. a. Review all development permit applications to determine that the permit requirements have been met; b. Review all development permit applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; c. Review all development permit applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that all provisions of this Chapter are met. 2. Issue Permit. a. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the planning department shall issue a floodplain development permit to the original applicant. If the project involves the construction of a residential structure in a special flood hazard area, the planning department floodplain management office will issue an initial permit based on the building plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain management staff determines that the building is in compliance with all floodplain regulations. b. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The planning department floodplain management office shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed. c. The floodplain development permit is not assignable without permission from the planning department. 3. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with the provisions of this Chapter, the planning department shall obtain, review, and reasonably utilize any base flood and floodway elevation data available from a federal, state or other source, in order to administer the requirements of this Chapter. 4. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or is otherwise required, actual elevation as submitted (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement must be recorded; b. For all new or substantially improved floodproofed structures: Page 81 Ordinance No. 3298-2022 Substitute Page 5 of 17 New Text Underlined; [DELETED TEXT BRACKETED] i. Record the actual elevation as submitted (in relation to mean sea level), and ii. Maintain the flood proofing certifications required by this Chapter; c. Maintain for public inspection all records pertaining to the provisions of this chapter in perpetuity. 5. Notification to Other Entities a. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. c. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. Remedial Actions. Take actions on violations of this ordinance as required in KMC Chapter 14.20. 7. Alteration of Watercourses. a. Notify adjacent communities and the Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that the flood carrying capacity within altered or relocated portion of said watercourse is maintained. Require that maintenance is provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. Require compliance with all other sections of this Chapter. 8. Fee Required. The planning department shall charge fees for permits and exceptions. Fees shall be the amount listed in the most current Schedule of Rates, Charges and Fees to be paid by the applicant at the time that the floodplain development permit application is submitted. 14.30.050. Standards. A. General Standards. In all flood hazard areas, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. 2. Construction Materials and Methods. Page 82 Ordinance No. 3298-2022 Substitute Page 6 of 17 New Text Underlined; [DELETED TEXT BRACKETED] a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainage paths shall be constructed around structures or slopes to guide floodwaters around and away from proposed structures. 3. Utilities. a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and, c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All proposed improvements such as water, sewer, natural gas, telephone and electrical facilities shall be located and constructed in a manner which will minimize damage in the event of a flood. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain 50 lots or 5 acres, whichever is less. The floodplain requirements for subdivision plats, detailed in this Chapter, apply to all subdivision proposals. e. It is the responsibility of the subdivider to provide all necessary information regarding flood protection measures at the time the preliminary plat is presented for consideration by the planning commission. 5. Review of Development Permits. Where elevation data is not available, applications for development permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding and will minimize adverse impacts to neighboring properties. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. 6. Alteration of Watercourses. The flood carrying capacity within the altered or relocated portion of said watercourse shall be maintained. Maintenance shall be provided within the altered or relocated portion of said watercourse to ensure that flood carrying capacity is not diminished. B. Specific Standards. In Zone A, AE, A1-30, Ah and AO, as set forth by this Chapter, the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the Flood Protection Elevation. Page 83 Ordinance No. 3298-2022 Substitute Page 7 of 17 New Text Underlined; [DELETED TEXT BRACKETED] b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. i. A minimum of two openings located on separate walls and having a total net area of not less than 1 square inch for every square foot of enclosed space subject to flooding shall be provided. ii. ii. The bottom of all openings shall be no higher than 1 foot above grade. iii. iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. iv. iv. Enclosed areas below the Flood Protection Elevation must be unfinished and usable only for parking, access or storage of materials easily moved during a flood event. v. v. Before a final floodplain development permit is issued by the planning department for a residential structure with enclosed areas below the base flood elevation, the owners shall sign a non-conversion agreement stating that the enclosed space shall remain in compliance with this Chapter. The non-conversion agreement shall be recorded by the City of Kenai placing future buyers of properties on notice of the hazards of enclosed spaces below the Flood Protection Elevation and the requirements to keep the permitted structure compliant with City of Kenai floodplain regulations. c. For zones AH, AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. d. A garage attached to a residential structure, constructed with the garage floor slab below the Flood Protection Elevation, must be designed to allow for the automatic entry and exit of flood waters. e. For A Zones (A, AE, A1-30, AH, AO): Residential construction, new or substantial improvement, shall have the lowest floor, including basement, elevated to or above the Base Flood Elevation. i. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adjacent grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in this Chapter. A minimum of 2 feet above highest adjacent grade may result in a lower insurance premium. iii. In Zones AE, A1-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A garage attached to a residential structure, constructed with the garage floor slab below the Base Flood Elevation, must be designed to allow for the automatic entry and exit of flood waters. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. f. For V Zones (VE, V1-30 and V): Page 84 Ordinance No. 3298-2022 Substitute Page 8 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Residential construction, new or substantial improvement, shall: i. Be located landward of the reach of mean high tide; ii. Have the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), elevated to or above the Base Flood Elevation; iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards; iv. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; v. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. Upon completion of construction, certification by a registered professional engineer or architect that these design standards have been satisfied, and certification by a registered professional engineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official planning department. d. Have the space below the lowest floor, usable solely for parking of vehicles, building access, or storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot; Page 85 Ordinance No. 3298-2022 Substitute Page 9 of 17 New Text Underlined; [DELETED TEXT BRACKETED] e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as 1 foot below that level). f. For zones AH, AO, and areas of the SMFDA,AO drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. g. For A Zones (A, AE, A1-30, AH, AO): Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with this non-residential requirements.the standards in Section (B)(1)(b) and (B)(1)(e). Or, together with attendant utility and sanitary facilities, i. Be floodproofed below the elevation recommended so that the structure is watertight with walls substantially impermeable to the passage of water; and i. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice meeting the provisions listed above. Upon completion of the structure, certification by a registered professional engineer or surveyor that the elevation requirements of the lowest floor, including basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification; or certification by a registered professional engineer or architect that the floodproofing design of this section is satisfied, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the Floodplain Administrator for verification. h. For V Zones (VE, V1-30, V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth for non-residential construction.in (B)(1)(f). 3. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones A1-30, AH, AE, and AEAO shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (A)(1) of this section. and meet residential requirements for Zones AO as applicable 4. Recreational vehicles. Recreational vehicles that are placed on sites within a Special Flood Hazard Area as identified by the current effective FIRM or DFIRM panel are required to either: a. Meet the requirements of Chapter, or ba. Be on the site for fewer than 180 consecutive days, or cb. Be fully licensed and ready for highway use, on its wheels or jacking system, and attached to the site only by a quick disconnect type utilities and security devices. c. Meet the permit requirements of Section 14.30.040 of this Ordinance and the applicable elevation and anchoring requirements for manufactured homes in this Ordinance. 5. Appurtenant Structures (Detached garages and Storage Structures. a. For A Zones (A, AE, A1-30, AH, AO): Page 86 Ordinance No. 3298-2022 Substitute Page 10 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Appurtenant structures used solely for parking of vehicles or storage may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the following requirements: i. i. Use of the appurtenant structure must be limited to parking of vehicles or storage; ii. ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built using flood resistant materials; iii. iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation; v. The appurtenant structure must comply with floodway encroachment provisions; and vi. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters. Detached garages, storage structures and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards as required for A zones. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. b. For V Zones (VE, V1-30 and V): Floodproofing of non-residential structures is prohibited. All structures must be elevated and constructed according to the requirements set forth for residential construction. ic. Before regulatory floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Special Flood Hazard Area zones AE, A1-A30 as identified in the current effective FIRM or DFIRM panel at that location unless the applicant demonstrates in the application that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the community. iid. Fuel storage tanks. Any fuel storage tanks shall be elevated above the base flood elevation or made watertight and anchored to resist flotation, collapse, and lateral movement. The tank must also be installed within an impervious containment basin of a size sufficient to contain 110 percent of storage capacity plus 12 inches of freeboard. iiie. Logging or clearing. Within any special flood hazard area of the current effective FIRM or DFIRM, logging or clearing may not increase runoff and/or erosion to such levels that it may significantly damage the floodplain function, riparian habitat or wetlands. ivf. Floodways. Located within flood hazard areas established in this Chapter are areas designated as floodways. Since the floodway is an extremely hazardous area due to erosion potential and the velocity of floodwaters which carry debris, the following provisions apply: i. 1. All encroachments are prohibited, including fill, new construction, substantial improvements, and other development are prohibitedwithin the adopted regulatory floodway unless certification by a registered professional engineer or architect is provided demonstratingit has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that Page 87 Ordinance No. 3298-2022 Substitute Page 11 of 17 New Text Underlined; [DELETED TEXT BRACKETED] encroachments shallthe proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. ii. 2. If subdivision (1) of this subsection is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. iii. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the City first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Notification to Other Entities (B). D. Coastal High Hazard Areas. Where FEMA has identified coastal high hazard areas (Zones V, VE, and V1-V30) on the FIRM or DFIRM, construction shall meet the following requirements in addition to all other provisions in this chapter: 1. All new construction shall be located landward of the reach of mean high tide and shall be anchored to prevent lateral movement, floatation or collapse. a. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all structures, and whether such structures contain a basement; b. Base Flood Elevation data for subdivision proposals or other development, including manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 2. All new construction, manufactured homes, and substantial improvements within coastal high hazard areas shall be elevated on adequately anchored pilings or columns such that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation; and b. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a 1 percent chance of being equaled or exceeded in any given year (100-year or 1- percent annual exceedance probability mean recurrence interval); and c. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall provide a certification that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subdivisions (2)(a) and (2)(b) of this subsection. The certification and related records will be maintained in the planning department permit files in perpetuity. 3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions. Such enclosed space shall not be used for human habitation (only used for parking of vehicles, storage or building access) and must be in compliance with the residential construction standards required in this Chapter. b. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have Page 88 Ordinance No. 3298-2022 Substitute Page 12 of 17 New Text Underlined; [DELETED TEXT BRACKETED] a 1 percent chance of being equaled or exceeded in any given year (100-year or 1-percent annual exceedance probability mean recurrence interval). 4. The use of fill for structural support of buildings within coastal high hazard areas on the FIRM or DFIRM is prohibited. 5. Manufactured Homes. All manufactured homes to be placed or substantially improved within coastal high hazard areas shall meet the requirements for new and substantial improvement construction. E. C. Standards for Storage of Materials and Equipment 1. The storage or processing of materials that could be injurious to human, animal or plant life if released due to damage from flooding is prohibited in special flood hazard areas. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. 14.30.060. Variance procedure. A. Appeal Board. 1. The Kenai Planning and Zoning Commission shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning department in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the planning commission may appeal such decision in accordance with KMC 14.20.290 and 14.20.300. 4. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other section of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Page 89 Ordinance No. 3298-2022 Substitute Page 13 of 17 New Text Underlined; [DELETED TEXT BRACKETED] 5. Upon consideration of the factors of subsection (A)(4) of this section and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter, 6. The planning department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. B. Conditions for Variances. 1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of ½ acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subparagraphs (a) through (k) of subsection (A)(4) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. 21. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. 32. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. 43. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 54. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 65. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or to economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, exceptions from the flood elevations should be quite rare. 76. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-flood proofing where it can be determined that such action will have low damage potential, complies with all other exception criteria except subsection (B)(1) of this section, and otherwise complies with this Chapter. 87. Any applicant to whom a variances is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 14.30.070. Definitions. For the purposes of this chapter, the following words and phrases shall be defined as follows: "100-year or 1-percent annual exceedance probability flood" (also called "regulatory flood," "base flood", "base flood depth", or "special flood hazard area") means a flood with a 1 percent chance of being equaled or exceeded in any year. Statistical analysis of available streamflow or storm records, or analysis Page 90 Ordinance No. 3298-2022 Substitute Page 14 of 17 New Text Underlined; [DELETED TEXT BRACKETED] of rainfall and runoff characteristics of the watershed, or topography and storm characteristics are used to determine the extent and depth of the 100-year or 1-percent annual exceedance probability flood. “Area of shallow flooding” A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard” The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. “Base flood” The flood having a one percent chance of being equaled or exceeded in any given year. “Base flood elevation (BFE)” The elevation to which floodwater is anticipated to rise during the base flood. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. "Clearing" means the act of removing trees or vegetation on a cumulative 20 percent or more of a given parcel of land. "Coastal high hazard area" means the area subject to high velocity waters due to wind, tidal action, storm, tsunami or any similar force, acting singly or in any combination resulting in a wave or series of waves of sufficient magnitude, velocity or frequency to endanger property and lives. The Area designated on the FIRM as zone V1-30, VE or V. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. "Federal Emergency Management Agency" is the agency responsible for administration of the National Flood Insurance Program. "Flood hazard area" means the land area covered by the flood, having a 1 percent chance of occurring in any given year. See also "100-year or 1-percent annual exceedance probability flood." The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. "Flood Insurance Rate Map (FIRM) and Digital Flood Insurance Rate Map (DFIRM)" means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and risk premium zones applicable to the community. A FIRM that been made available digitally is called a Digital Flood Insurance Rate Map. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “Regulatory Floodway.” “Functionally dependent use” A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are Page 91 Ordinance No. 3298-2022 Substitute Page 15 of 17 New Text Underlined; [DELETED TEXT BRACKETED] necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Highest adjacent grade” The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Logging" means the process, work, or business of cutting down trees, storage of logs and transporting the logs to sawmill(s), or for sale or export. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than the basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. "Manufactured home" means a structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. “New construction” For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Planning department" means the planning department of the City of Kenai. "Primary structure" means a dwelling, a building suitable for commercial use, or any structure which will be served by water or wastewater disposal systems or a fuel storage tank. This definition is applicable only in the SMFDA. “Recreational Vehicle” means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as a temporary livening quarters for recreational, camping, travel or seasonal use. "Special Flood Hazard Area (SFHA)" see “Flood Hazard Area”. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building including liquid or gas storage tank, as well as a manufactured home that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed 50 percent of the assessed value of the structure before damage occurred. Page 92 Ordinance No. 3298-2022 Substitute Page 16 of 17 New Text Underlined; [DELETED TEXT BRACKETED] "Substantial evidence" means evidence a reasonable mind might accept to support a conclusion. "Substantial improvement" means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started or, if the property has been damaged and is being restored, before the damage occurred. This term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified or cited by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or State Register of Historic Places. "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. Section 2. That the City Manager, or his designee, is authorized to apply for entry into the NFIP on behalf of the City. 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 3RD17TH DAY OF AUGUST, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Introduced: July 6, 2022 Enacted: August 317, 2022 Effective: September 216, 2022 Page 93 Ordinance No. 3298-2022 Substitute Page 17 of 17 New Text Underlined; [DELETED TEXT BRACKETED] Page 94 PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING OF: AUGUST 17, 2022 VENDOR DESCRIPTION PERS PERS HOMER ELECTRIC ELECTRIC USAGE REBORN AGAIN JANITORIAL JULY SERVICES INVESTMENTS VENDOR DESCRIPTION PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY PIPER JAFFRAY U.S. AGENCY SECURITY DEPARTMENT VARIOUS VARIOUS AIRPORT MATURITY DATE 05/11/2023 08/10/2027 08/16/2027 05/11/2023 5/15/2023 7/31/2023 8/16/2023 8/16/2023 ACCOUNT AMOUNT LIABILITY 100,127.89 UTILITIES 89,196.57 REPAIR & MAINTENANCE 4,231.25 AMOUNT Effect. Int. 245,114.11 3.39% 245,000.00 3.40% 245,000.00 3.40% 245,000.00 2.85% 245,000.00 2.90% 245,000.00 3.00% 245,000.00 3.00% 245000.00 3.00% Page 95 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3304-2022 AN ORDINANCE INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS FOR KENAI MUNICIPAL AIRPORT DISADVANTAGE BUSINESS ENTERPRISE PROGRAM UPDATES. WHEREAS, Title 49 Part 26 – Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs requires recipients of airport funds authorized by Title 49 U.S.C. 47101 for planning, or development, who award prime contracts the cumulative total value of which exceeds $250,000 in FAA funds in a Federal fiscal year to maintain a DBE Program; and, WHEREAS, significant changes in the DBE Program must be submitted to the concerned operating administration; and, WHEREAS, the current Kenai Municipal Airport (ENA) DBE Program projected Program participation goals through fiscal year 2021; and, WHEREAS, ENA planning, and development projects through fiscal year 2026 exceed $250,000 in expended FAA funds; and, WHEREAS, the DBE Program ensures a good faith effort to achieve a DBE goal or other requirements of Title 49 CFR Part 26; and, WHEREAS, 93.75% of the costs associated with this Ordinance are grant eligible under the U.S. Department of Transportation FAA Order 5100.38D, Airport Improvement Program Handbook, Chapter 3. Section 11. 3-67.; and, WHEREAS, approval of this Ordinance 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 following budget revision is authorized: Airport Special Revenue Fund: Increase estimated Revenues – Appropriation of Fund Balance $19,620 Increase Appropriations – Transfer to Airport Improvement Capital Project Fund $19,620 Airport Improvement Capital Project Fund: Increase Estimated Revenues – Transfer from Airport Special Revenue Fund $19,620 Increase Appropriations: Professional Services: $19,620 Page 96 Ordinance No. 3304-2022 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 7TH DAY OF SEPTEMBER, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 17, 2022 Enacted: September 07, 2022 Effective: September 07, 2022 Page 97 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: August 8, 2022 SUBJECT: Kenai Municipal Airport (ENA) Disadvantage Business Enterprise (DBE) Program updates. Ordinance 3304-2022 In accordance with 49 CFR Part 26, ENA is required to maintain a current DBE Program. The Program ensures that ENA is making good faith efforts to achieve a predefined percentage goal based on demonstratable evidence of the availability of ready, willing and able DBEs relative to all businesses ready, willing and able to participate on airport contracts. The DBE Program seeks to achieve the following objectives: 1. To ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, and airport financial assistance programs; 2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contract; 3. To ensure that the Department's DBE program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT-assisted contracts; 6. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities conducted by recipients; 7. To assist the development of firms that can compete successfully in the marketplace outside the DBE program; and 8. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. The estimated cost to update the ENA DBE Program of $19,620 is reimbursable under the FAA Airport Improvement Program (AIP) at 93.75%: ENA DBE Update $19,620.00 FAA Share 93.75% 18,393.75 ENA share 6.25% $ 1,226.25 Thank you for your consideration. Page 98 Sponsored by: Administration New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI ORDINANCE NO. 3305-2022 AN ORDINANCE CONDITIONALLY GRANTING CERTAIN FORECLOSED CITY-OWNED PROPERTIES DESCRIBED AS LOTS 8 & 11, BLOCK 9 AND LOT 4, BLOCK 10, MOMMSEN’S REPLAT OF ADDITIONS NO. 1 & 2 (PARCEL NUMBERS 03910211, 03910208 AND 03910304) TO CENTRAL PENINSULA HABITAT FOR HUMANITY, INC. FOR CONSTRUCTION OF HOUSING. WHEREAS, Kenai Municipal Code 22.05.095(b)(iii) allows the Council, by Ordinance, to grant or devote a piece of real property to a nonprofit corporation; and, WHEREAS, Central Peninsula Habitat for Humanity, Inc. is a nonprofit charitable housing organization and has identified Lot 8 & 11, Block 9, and Lot 4, Block 10, Mommsen Subdivision Replat Addition No. 1 & 2, (parcel Numbers 03910211, 03910208 and 03910304) as properties meeting the needs of their organization; and, WHEREAS, the above-referenced properties were acquired through tax and special assessment foreclosures (judgement year was 1987); and, WHEREAS, Ordinance 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the recently adopted City of Kenai Land Management Plan reestablished the properties are not needed for a public purpose and recommends disposal; and, WHEREAS, Ordinance 2942-2017 authorized the City Manager to transfer these lots to Habitat for Humanity, Inc. at less than fair market value for the sole purpose of construction of single-family residences subject to conditions; and, WHEREAS, due to COVID-19 pandemic workplace guidance procedure as issued by the Center for Disease Control, the outlined schedule of construction in Ordinance 2942-2017 could not be met; and, WHEREAS, it is advantageous to the City of Kenai to grant these lots to Central Peninsula Habitat for Humanity, Inc. to provide needed safe affordable low income housing over the next few years, which will produce tax revenue for the City of Kenai, rather than having these lots remain vacant; and, WHEREAS, the lots are zoned and of appropriate size for the intended development; and, WHEREAS, The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the City, including the following supporting this application: Objective Q- 4 - Promote the siting and design of land uses that are in harmony and scale with surrounding uses: Objective ED-1 - Promote the infill of existing, improved subdivision lots, and; WHEREAS, at their regular meeting of June 22, 2022 the Planning and Zoning Commission recommended donation of the above lots to Habitat for Humanity, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: ~ K(;NAI Page 99 Ordinance No. 3305-2022 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] Section 1. That the Kenai City Council herby authorizes the City Manager to execute the transfer of title of certain foreclosed City-owned real properties described as Lot 8 and 11, Block 9, and Lot 4, Block 10, Mommsen’s Replat of Addition No. 1 & 2 (Parcel Numbers 03910211, 03910208 and 03910304) to Habitat for Humanity, Inc. for less than market value and for sole purpose of the construction of single- family residences, subject to the following conditions: 1. Central Peninsula Habitat for Humanity, Inc. shall pay the sum of taxes and assessments owed to the Kenai Peninsula Borough and the City of Kenai upon transfer of ownership to Central Peninsula Habitat for Humanity, Inc. 2. Up to three parcels will be granted for construction to Central Peninsula Habitat for Humanity, Inc. Upon timely completion of the first project, a second parcel may be conveyed. Upon completion of the second project, a third parcel may be conveyed. All projects must be completed by December 31, 2028. Section 2. That the Kenai City Council further finds the disposal of the subject parcel to be in the best interests of the citizens of the City of Kenai and the public interest shall be served by disposing of the property interest for less than fair market value, in accordance with the recitals above which are incorporated herein. 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 7TH DAY OF SEPTEMBER, 2022. ___________________________________ Brian Gabriel Sr., Mayor ATTEST: ___________________________________ Michelle M. Saner, MMC, City Clerk Approved by Finance: _________________ Introduced: August 17, 2022 Enacted: September 7, 2022 Effective: October 7, 2022 Page 100 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Max Best, Interim Planning Director DATE: August 17, 2022 SUBJECT: Donation of Lots to Central Peninsula Habitat for Humanity, Inc. Ordinance 3305-2022 On February 6, 1991 the Kenai City Council passed Ordinance No. 1414-91 declaring certain foreclosed properties were not needed for a public purpose and could be sold. On January 21, 2009, the Council passed Ordinance 2373-2009, approving the donation of certain foreclosed City-owned lots in Mommsens Subdivision Replat of Additions 1 & 2 to Habitat for Humanity for construction of housing, so long as the sum of taxes and assessments owed to the Kenai Peninsula Borough and the City of Kenai are paid at the time of transfer. Five homes were constructed by 2015 under Ordinance 2373-2009 with a collection of water and sewer service fees and a taxable value of over one million dollars. Subsequently, on April 5, 2017 the Council passed Ordinance 2942-2017 approving the donation of five additional lots in Mommsens Subdivision to Habitat for Humanity with similar transfer conditions and timelines as required in Ordinance 2373-2009. Due to COVID-19 pandemic workplace guidance procedures as issued by the Center for Disease Control the timeline in the ordinance for additional projects was not met and only one house was completed. On May 30, 2022, staff received a letter form the Central Peninsula Habitat for Humanity, Inc. requesting to continue construction of housing on Second Street parcels as agreed to in Ordinance 2942-2017 for conditional donation, which has expired. After public notification, Amy Fisher an adjoining property owner submitted a requested for purchase of a Habitat for Humanity selected lot adjacent to her residence on Second Avenue. After discussions with Amy Fisher, Habitat for Humanity agreed to withdraw 1107 Second Street from the request for conditional donations for construction of housing. The proposal is now for three parcels: Lots 8 & 11, Block 9, and Lot 4, Block 10 Mommsens Subdivision Replat of Additions 1 & 2. It is advantageous to the City to donate the lots in accordance with timelines and conditions contained in the Ordinance to Habitat for Humanity, Inc. and have residences constructed on the lots over the next few years. Having residences on the lots as opposed to vacant lots would Page 101 Page 2 of 2 provide revenue from payment of property taxes levied by the Kenai Peninsula Borough. In addition, the City will receive water and sewer payments of the services provided to the homeowners. Thank you for your consideration. Page 102 City of Kenai I 210 !=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.cily MEMORANDUM TO: FROM: Planning and Zoning Commission Ryan Foster, Planning Director June 17, 2022 DATE: SUBJECT: Action/Approval: Recommending the City Council Approve Ordinance No. XXXX-2022 -Approving the Conditional Donation of City Owned Parcels to the Central Peninsula Habitat for Humanity, Inc. On May 30, 2022, staff received a letter from the Central Peninsula Habitat for Humanity, Inc. requesting to continue with the construction of housing on Second Street parcels agreed to in Ordinance 2942-2017 for a conditional donation, which has expired. In the letter, it was noted that Habitat for Humanity has not built homes for the past two years due to COVID-19. After discussions with Amy Fisher, Habitat for Humanity agreed to withdraw 1107 Second Street from their request for conditional donations for construction of housing. The proposal is now for: • 1109 Second Street (#03910208) • 1106 Second Street (#03910304) • 1103 Second Street (#03910211) The parcels are within the Suburban Residential (RS) Zone. Pursuant to KMC 14.20.065, the purpose of the RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The construction of single family homes would be consistent with this zoning district. Both City sewer and water services are located adjacent to the subject properties. The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the City, including the following supporting this request: Objective Q-4: Promote the siting and design of land uses that are in harmony and scale with surrounding uses. Objective LU-2: Promote the infill of existing, improved subdivision lots. Please review the attached materials. Does the Commission recommend Council approve the conditional donation of City owned parcels to the Central Peninsula Habitat for Humanity, Inc.? Page 103 Attachments· Letter Requesting Conditional Donation to Habitat for Humanity Email Withdrawing 1107 Second Street from Their Request Ordinance 2942-2017 Requested Second Street Parcels Map Page 2 of 2 The City ~ai I www.kenai.city ~ Page 104 x Kl;NAI I I I I I 0 20 40 Feet Date: 6/17/2022 1109 Second Street (#03910208) 1106 Second Street (#03910304) 1103 Second Street (#03910211) Page 105 Sponsored by: City Manager CITY OF KENAI ORDINANCE NO. 2942 • 2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY DONATING CERTAIN FORECLOSED CITY-OWNED PROPERTIES DESCRIBED AS LOTS 8, 9, AND 11, BLOCK 9, AND LOTS 4 AND 5, BLOCK 10, MOMMSENS SUBDIVISION REPLAT OF ADON. 1 & 2, ADON. NO. 2, (PARCEL NUMBERS 03910208; 03910209; 03910211; 03910304 AND 03910305) TO CENTRAL PENINSULA HABITAT FOR HUMANITY, INC. FOR CONSTRUCTION OF HOUSING. WHEREAS, Kenai Municipal Code 22.05.125 allows the Council, by Ordinance, to donate foreclosed real property no longer needed by the City for public purpose to a non-profit corporation, for consideration agreed upon between the City and Grantee without a public sale, if it is advantageous to ¢e City; and, WHEREAS, Central Peninsula Habitat for Humanity, lnc. is a non-profit charitable housing organization and has identified Lots 8, 9, and 11, Block 9, and Lots 4 and 5, Block 10, Mommsens Subd. Replat Addn. No. 1 & 2, Addn. No. 2 (Parcel Numbers 03910208; 03910209; 03910211; 03910304; and 03910305) -(See Attachment B) as properties meeting the needs of their organization; and, WHEREAS, the above-referenced properties were acquired through tax and special assessment foreclosures (judgement year was 1987); and, WHEREAS, Ordinance No. 1414-91 declared the properties were not needed for a public purpose and could be sold; and, WHEREAS, the subject properties have been included in public foreclosure sales in 2005 and 2007 where no bids to purchase were received; and, WHEREAS, it is advantageous to the City of Kenai to donate these lots to Central Peninsula Habitat for Humanity, Inc. to provide needed safe affordable low income housing over the next few years, which will produce tax revenue for the City of Kenai, rather than having these lots remain vacant; and, WHEREAS, at their regular meeting of March 22, 2017 the Planning and Zoning Commission reviewed the subject Ordinance and recommends the Council of the City of Kenai enact this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Sectfon 1. Form: That this is a non-code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to execute the transfer of title of certain foreclosed City-owned real properties described as Lots 8, 9, and 11, Block 9, and Lots 4 and 5, Block 10, Mommsens Subd. Replat Addn. No. 1 & 2, Addn. No. 2 (Parcel Numbers 03910208; 03910209; 03910211; 03910304; and New Text Underlined; [DELETED TEXT BRACKETED] Page 106 Ordinance No. 2942-2017 Page 2 of2 03910305), to Habitat for Humanity, on a form approved by the City Attorney, for less than fair market value and for the sole purpose of the construction of single-family residences, subject to the following conditions: 1. Central Peninsula Habitat for Humanity, Inc. shall pay the sum of taxes and assessments owed to the Kena,i Peninsula Borough and the City of Kenai, upon the transfer of ownership to Central Peninsula Habitat for Humanity, Inc. from the City of Kenai. 2. Up to five parcels will be granted for construction to Central Peninsula Habitat for Humanity_, Inc. The grants will be according to the following timeline: One parcel will be granted for the 2017 construction · season. Construction must be complete on the parcel by the end of 2018. Upon timely completion of that projec~ the second parcel may be granted. The second project must be completed by the end of 2020. Upon timely completion of the second project, a third parcel may be granted. The third project must be completed by the end of 2022. Upon timely completion of the third project, a fourth parcel may be granted. That project must be completed by the end of 2024. Upon timely completion of the fourth project, a fifth parcel may be granted. The fifth project must be completed by the end of2026. Section 3. That the Kenai City Council further finds the disposal of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by disposing of the property interest for less than fair market value, in accordance \\ri.th the recitals above which are incorporated hirein. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, suCh judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(1), this Ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 2017. Attachments: A -C B~ GABRIEL, SR., MAYOR Introduced: March 15, 2017 Adopted: April 5, 2017 Effective: May 5, 2017 New Text Underl ined; [DELETED TEXT BRACKE TED] ____ -----· Page 107 PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: AUGUST 17, 2022 VENDOR DESCRIPTION DEPT. EB MECHANICAL LLC CLARIFIER EXHAUST FANS WWTP INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O.# • DEPT. KENAI REC CENTER K+A DESIGNS IMPROVEMENTS 125053 -REC CTR IMPS. 121735-WASTEWATER HDL ENGINEERING CONSULTANTS SLUDGE PRESS REPLACEMENT FACILITY ** Contingent Upon Passage of Ordinance No. 3302-2022 ** ACCOUNT AMOUNT REPAIR & MAINTENANCE 19,586.00 REASON AMOUNT TOTAL PO AMT CIVIL DESIGN TO MANAGE STORM WATER 16,000.00 108,085.00 CONSTRUCTION ADMIN SERVICES 204,626.00 460,895.00 Page 108 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: August 10, 2022 SUBJECT: Purchase Order – EB Mechanical WWTP Clarifier Fans The purpose of this memo is to request Council’s approval to issue a Purchase Order to EB Mechanical in the amount of $19,586 for the replacement of two currently nonfunctioning exhaust fans at the wastewater treatment plant’s clarifiers. The fans are utilized to remove humidity from within the clarifiers. During the winter months when these are not working properly the humidity creates very icy conditions, resulting in greater operational maintenance to avoid safety concerns. The FY23 Budget included $26,000 for Repair & Maintenance items within account 010-467- 4538. $10,000 was specifically slated for this work. As this project is a priority for the department we plan on deferring some of the other lower priority items to complete this work now. Photos below show one of the two clarifiers and the fan to be replaced. Council’s approval is respectfully requested. Page 109 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: August 10, 2022 SUBJECT: Purchase Order Increase – K+A Architecture The purpose of this memo is to request Council’s approval to increase Purchase Order 125053 to K+A Architecture from $92,085 to $108,085, an increase of $16,000. Resolution 2022-06 authorized the original agreement with K+A Architecture on January 19, 2022. The additional professional services costs through execution of contract amendment 1, will provide civil design work to manage storm water from the recreation center’s proposed new roof drain system, as well as provide cost estimation services for the project. Design Documents are at 95% completion. Staff has been in close coordination with the AE team to address code related issues within the facility. We are still hopeful of bidding the project in the next few weeks. Priority will be given to roof replacement and completion of civil storm water work. If on bid day there is insufficient budget, the mechanical systems replacements may have to wait until additional funding can be secured. They will be bid as additive alternates, to allow the department the greatest flexibility in awarding a contract. Sufficient existing funding resides in the Kenai Recreation Center Improvements Capital Project Fund under Activity Code 285 for this purchase order increase. This is a priority project for the Parks & Recreation Department. The Maintenance Department has been dealing with multiple roof leaks over the last few years at this property. Council’s support is respectfully requested. Page 110 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Director of Public Works DATE: August 9, 2022 SUBJECT: Purchase Order Increase to HDL Engineering Consultants The purpose of this memo is to increase Purchase Order 121735 to HDL Engineering Consultants by $204,626 for Construction Administrative Services for the Sludge Press Replacement project. It is noted that this Purchase Order increase request is contingent upon Council’s approval of Ordinance 3302-2022 at the August 17, 2022 meeting. Without approval of that Ordinance, sufficient funding is not available for this requested increase. The current Purchase Order is increasing from $256,269 to $460,895. This project is providing for the replacement of the 40 year old belt press at the wastewater plant with a new screw sludge press by Andritz Corp. The Andritz press was purchased through a separate procurement process from the Construction Bid due to the long lead times to acquire the equipment. The total purchase price was $225,000. Blazy Construction was the lowest responsive bidder on July 22, 2022 with a winning bid of $1,437,913. Total combined project costs to date will be $2,123,808. The design fees as a percentage of total contract are higher than our usual due to the extensive number of disciplines involved in this project: civil, structural, architectural, mechanical, electrical, process, and process control. All having their part to play to bring the project to a successful completion. The project is scheduled to run through Spring 2023, with the new press currently on track to arrive in late October 2022. This is the current highest priority project for the Utility. The current press requires constant attention and maintenance. Completion of this work will provide a measure of reliability and safety back to the operations of the facility. Council’s approval is respectfully requested. Page 111 KENAI COUNCIL ON AGING REGULAR MEETING JULY 14, 2022 – 3:00 P.M. KENAI SENIOR CENTER CHAIR RACHAEL CRAIG, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Craig called the meeting to order at approximately 3:00 p.m. a. Pledge of Allegiance Chair Craig led those assembled in the Pledge of Allegiance. b. Roll was confirmed as follows: Members Present: R. Craig, R. Williams, C. Thornton, V. Geller, A. Heckert, J. Straughn, B. Modigh Members Absent: F. Kilfoyle A quorum was present. Staff/Council Liaison: Senior Center Director K. Romain, Administrative Assistant R. Piersee, City Manager Paul Ostrander, and Council Liaison H. Knackstedt c. Agenda Approval MOTION: Member Thornton MOVED for approval of the agenda as presented and Member Williams SECONDED the motion. There were no objections. SO ORDERED. 2. SCHEDULED PUBLIC COMMENTS – None. 3. UNSCHEDULED PUBLIC COMMENT -- None. 4. APPROVAL OF MEETING SUMMARY a. June 9, 2022 MOTION: Member Williams MOVED to approve the June 9, 2022 meeting summary. Member Straughn SECONDED the motion. There were no objections. SO ORDERED. 5. UNFINISHED BUSINESS -- None. 6. NEW BUSINESS a. Discussion – Update on the Bluff Stabilization Project City Manager Ostrander provided a memo and a packet for the members giving the project timeline and current funding for this project. Questions asked from the members were regarding Page 112 Council on Aging Meeting Page 2 of 2 July 14, 2022 the location of the project, angle of the repost, construction costs, handicapped accessible trails, and a possible river walk. b. Discussion – Update on the Waterfront Revitalization Project City Manager Ostrander provided information on the project and community participation in the development process. 7. REPORTS a. Senior Center Director – Director Romain reported on the following: • New ARPA (American Rescue Plan Act) recently submitted for extra personnel during the winter months, employee training, and funds for a raised bed extension to the greenhouse. • The Greenhouse Memorial Dedication was well attended. The Osborn family presented a plaque commemorating the dedication. b. Council on Aging Chair – Chair Craig reported on the following: • The loss of four actively participating seniors during the past weeks. • Expressed desire to see increased volunteering at the Center. • Work session in September. c. City Council Liaison – Council Member Knackstedt reported on the actions of the July 6, 2022, City Council Meetings. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 8, 2022 It was noted that there will be no meeting in August. 9. COUNCIL MEMBERS COMMENTS AND QUESTIONS MOTION: Member Straughn MOVED to set the Council on Aging Work Session for Thursday, September 29, at 3:00 p.m. Member Thornton SECONDED the motion. There were no objections. SO ORDERED. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS – None. 12. ADJOURNMENT There being no further business, the Council on Aging meeting adjourned at 4:10 p.m. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 113 KENAI AIRPORT COMMISSION REGULAR MEETING AUGUST 11, 2022 – 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, , P. Minelga, J. Bielefeld, J. Caldwell, J. Daily, J. Zirul D. Pitts Staff/Council Liaison Present: Airport Manager E. Conway, Administrative Assistant E. Brincefield, Council Liaison Baisden A quorum was present. c. Agenda Approval MOTION: Commissioner Zirul MOVED to approve the agenda and Commissioner Caldwell SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. May 12, 2022 MOTION: Commissioner Caldwell MOVED to approve the meeting summary of May 12, 2022 as presented. Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. b. June 9, 2022 MOTION: Commissioner Caldwell MOVED to approve the meeting summary of June 9, 2022 as presented. Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None. Page 114 ____________________________________________________________________________________ Airport Commission Meeting Page 2 of 3 August 11, 2022 6. NEW BUSINESS a. Discussion/Recommendation – Recommending the Kenai City Council Approve the Fifth Amendment to City of Kenai Municipal Airport Restaurant Concession Agreement, Authorizing the City Manager to Extend the Restaurant Concession Agreement in the Kenai Municipal Airport for an Additional Year. MOTION: Commissioner Zirul MOVED to recommend Council approve a Fifth Amendment to the Kenai Municipal Airport Restaurant Concession Agreement. Commissioner Caldwell SECONDED the motion. It was noted that Brothers Café requests a third and final extension to their Restaurant Concession Agreement. UNANIMOUS CONSENT was requested. VOTE: There were no objections; SO ORDERED. 7. REPORTS a. Airport Manager – Airport Manager Conway reported on the following: • Enolanements are down 4% for July 2022 from 2021; • Parking revenue is up 28% for July from 2021; • My Alaskan Gifts Special Use Permit expires at the end of August; • Received two design proposals for terminal landscape design. b. City Council Liaison – No report. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 8, 2022 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Bielefeld noted that the dock at the float plane needs new rope. Commissioner Caldwell asked about progress removing beetle kill; Airport Manager Conway stated that they are working on grant funds for beetle kill removal. Concerns were expressed about snow removal during the upcoming winter season. 10. ADDITIONAL PUBLIC COMMENT – None. 11. INFORMATION ITEMS a. April 2022 Enplanement Report b. May 2022 Enplanement Report c. June 2022 Enplanement Report 12. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 6:12 p.m. Meeting summary prepared and submitted by: Page 115 ____________________________________________________________________________________ Airport Commission Meeting Page 3 of 3 August 11, 2022 ________________________ Meghan Thibodeau Deputy City Clerk Page 116 KENAI HARBOR COMMISSION REGULAR MEETING AUGUST 8 , 2022 – 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR PRO TEM DAVID PECK, PRESIDING MEETING SUMMARY 1. CALL TO ORDER Chair Pro Tem Peck called the meeting to order at approximately 6:00 p.m. a. Pledge of Allegiance Chair Pro Tem Peck led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: D. Peck, B. Peters, V. Askin, C. Hutchison Commissioners absent: M. Dunn, N. Berga, B. Bornemann Staff/Council Liaison present: Public Works Director S. Curtin, Public Works Administrative Assistant L. List, Council Liaison G. Pettey A quorum was present. c. Agenda Approval MOTION: Commissioner Hutchison MOVED to approve the agenda as written. Commissioner Peters SECONDED the motion. There were no objections; SO ORDERED. 2. SCHEDULED PUBLIC COMMENT – None. 3. UNSCHEDULED PUBLIC COMMENT – None. 4. APPROVAL OF MEETING SUMMARY a. June 6, 2022 MOTION: Commissioner Peters MOVED to approve the meeting summary of June 6, 2022. Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. 5. UNFINISHED BUSINESS – None 6. NEW BUSINESS a. Discussion – HDR Bluff Stabilization Project 65% DDR Complete .............................. ......................................................... Kenai Bluffs Bank Stabilization Project Webpage Director Curtin explained that 65% of the dock was done, that the shape would be changing slightly as requested by the Army Corps, and that the next steps would include the bid release goal of April 3rd. He noted that on Tuesday, August 2nd, representatives from the Corps met in Old Town and by boat; funding is now in State; $28.5 million in account is with the Corps. They Page 117 ____________________________________________________________________________________ Harbor Commission Meeting Page 2 of 3 August 8, 2022 are currently on time with the budget, and 95% is expected by this winter. Further discussion from the commission involved the 2023 bid/source materials and 2024 construction start timelines. Clarification was provided that a $2 million bond is not included in the $4 million State grants, and that the City cannot move rock, but will coordinate with the Borough and Seldovia to use contractors. b. Discussion – Clean Harbors Participation There was a presentation by a representative who wanted to get the Commission’s feelings about participation. Discussion included the benefit of acknowledgment for the City, and best management practices. Clarification was provided that participation would involve education, trash containers, dumpsters and restrooms, and that some items are already in place. It was noted that a downside would be that it would cause a lot of work for Director Curtin. c. Discussion – Capital Improvement Plan Potential Projects/Amendments Director Curtin explained two projects: reconstruction of floats and Lane 4 concrete ramps. He asked the commission for suggestions for the next Capital Improvement Plan, and noted to bring their suggestions to the commission so they can make a motion before the end of the year. It was noted that the boat house for fireboat would be deferred to the Fire Chief. 7. REPORTS a. Public Works Director – Director Curtin reported on the following: • Fishery is on target; budget and actual figures were reported; • Dock closure on November 1st; • Dredging hauled over to racetrack. b. Commission Chair – Chair Pro Tem noted that his neighbors had been happy with the dipnet season. c. City Council Liaison – Council Member Pettey reported on the City Council Special Meeting of July 26, 2022 and the Regular Meeting of August 3, 2022. 8. NEXT MEETING ATTENDANCE NOTIFICATION – September 12, 2022 9. COMMISSIONER COMMENTS AND QUESTIONS Commissioner Peters asked about how often Kenai Avenue is graded, and it was clarified that it was twice a year. He also asked about dipnet cameras, and was referred to contact the City’s IT department. Commissioner Askin noted that we are down in the budget because the number of people is down. 10. ADDITIONAL PUBLIC COMMENT – None. 11. ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn. Commissioner Hutchison SECONDED the motion. There were no objections; SO ORDERED. Page 118 ____________________________________________________________________________________ Harbor Commission Meeting Page 3 of 3 August 8, 2022 The meeting was adjourned at approximately 7:09 p.m. Meeting summary prepared and submitted by: _____________________________________ Meghan Thibodeau Deputy City Clerk Page 119 KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING AUGUST 10, 2022 – 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 CHAIR JEFF TWAIT, PRESIDING Planning & Zoning Commission Meeting Page 1 of 4 August 10, 2022 MINUTES A. CALL TO ORDER A Regular Meeting of the Kenai Planning & Zoning Commission was held on August 10, 2022, in City Hall Council Chambers, Kenai, AK. Chair Twait called the meeting to order at approximately 7:00 p.m. 1. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Commissioners present: J. Twait, G. Woodard, D. Fikes, V. Askin, G. Greenberg, J. Halstead Commissioners absent: A. Douthit Staff/Council Liaison present: Interim Planning Director M. Best, Interim Administrative Assistant W. Anderson, Vice Mayor J. Glendening, Deputy Clerk M. Thibodeau A quorum was present. 3. Agenda Approval Chair Twait noted the following revisions to the agenda and packet: ACTION ITEM Add to item H.1 Recommending Ordinance 3298-2022 Enacting Floodplain Management • Memorandum to Commission MOTION: Commissioner Askin MOVED to approve the agenda as revised. Commissioner Halstead SECONDED the motion. There being no objection; SO ORDERED. 4. Consent Agenda MOTION: Commissioner Halstead MOVED to approve the consent agenda. Commissioner Woodard SECONDED the motion. There being no objection; 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. Page 120 Planning & Zoning Commission Meeting Page 2 of 4 August 10, 2022 5. *Excused Absences – None. B. APPROVAL OF MINUTES 1. *Regular Meeting of July 27, 2022 Approved by the consent agenda. C. SCHEDULED PUBLIC COMMENTS – None. D. UNSCHEDULED PUBLIC COMMENTS – None. E. CONSIDERATION OF PLATS – None. F. PUBLIC HEARINGS 1. Resolution PZ2022-21 – Application for a Conditional Use Permit for an Elementary through High School in the Suburban Residential zone, on Tract A, Kenai Fellowship Church, located at 8333 Kenai Spur Highway, Kenai, Alaska 99611. The application was submitted by Kenai Fellowship, a Church of Christ, P.O. Box 538, Kenai, AK 99611 MOTION: Commissioner Halstead MOVED to adopt Resolution No. PZ2022-21. Commissioner Askin SECONDED the motion. Director Best presented his staff report with information provided in the packet explaining that the applicant wishes to obtain a conditional use permit (CUP) for an elementary through high school. It was noted the application met KMC criteria for CUPs and City staff recommends approval subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. A fire inspection must be performed biennially by the City of Kenai Fire Marshal. The applicant must comply with any recommendations made by the Fire Marshal. 3. The Permittee must adhere to the maximum occupancy of the 49 occupants, including staff and students, in the elementary through high school area (basement). 4. The permittee must comply with the parking requirement for the premises as set forth KMC 14.20.250. 5. In the event that the Department of Environmental Conservation (DEC) requires upgrades to the exiting septic system, the applicant will upgrade the septic system. 6. Prior to issuance of the Conditional Use Permit, Permittee must install a water meter on the premises. 7. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 8. The applicant will meet with City staff for on-site inspections when requested. 9. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14.20.150(i)(5). 10. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. Applicant Rick Baldwin noted that the CUP would allow Kenai Classical to have their school in this building, and that one of the teachers was also available to answer any questions. Chair Twait opened for public hearing. Bill Smith stated that he had no objection to the school but noted that he shared a property line. He asked about how big of a facility would be built, and if they would be clearcutting tract A; he noted that if there was going to be, he would like to see a greenbelt buffer between their properties. Page 121 Planning & Zoning Commission Meeting Page 3 of 4 August 10, 2022 Rick Baldwin clarified that they do not intend to have any construction nor clearcutting outside the premises, and the school would be held in the basement. Bill Smith asked about whether the access could be off the highway or if the unnamed driveway on the property would be used; Rick Baldwin clarified that the unnamed driveway would be kept closed. There being no one else wishing to be heard, the public hearing was closed. Clarification was provided that there is plenty of parking space to meet the requirements for school and auditorium use. It was noted that if the school intended to expand the facility it would require a modification of their CUP, and they would have to reapply through the Planning Department. VOTE: YEA: Askin, Woodard, Fikes, Greenberg, Halstead, Twait NAY: None. MOTION PASSED UNANIMOUSLY. Chair Twait noted the fifteen-day appeal period. G. UNFINISHED BUSINESS – None. H. NEW BUSINESS 1. Action/Approval – Recommending the Kenai City Council Enact Ordinance No. 3298-2022 Kenai Municipal Code Chapter 14.30 - Floodplain Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. MOTION: Commissioner Askin MOVED to recommend the Kenai City Council enact Substitute Ordinance No. 3298- 2022. Commissioner Fikes SECONDED the motion. Director Best noted that he had included a link to the current Kenai Peninsula Borough FEMA Risk Map Project in the laydown, and that it was an improvement from the previous mapping system. He explained that the main zones for the Commission to consider in the National Flood Insurance Program (NFIP) mapping are the AE zone, X zone and the floodway because those are located in City limits. The objectives of the program were reviewed, and it was noted it is a method to establish development; that one of the requirements is that development needs to stay out of the floodway; and that in other zones you may be able to build with a permit, but only in a way that doesn’t affect the floodway. Best explained some of the benefits of the program to the City and residents living in flood zone areas, and how there will be a new development permitting process in the City which will likely come through the Building Inspector before being evaluated by the Planning Department. Director Best demonstrated the 2022 digital flood insurance rate maps and reviewed the different floodplane zones in the City. It was noted that the Commission had previously dealt with issues regarding construction in floodplane zones, and it would have been beneficial to have this process place at that time. VOTE: YEA: Fikes, Greenberg, Halstead, Twait, Askin, Woodard NAY: None. MOTION PASSED UNANIMOUSLY. I. PENDING ITEMS – None. Page 122 Planning & Zoning Commission Meeting Page 4 of 4 August 10, 2022 J. REPORTS 1. City Council – Vice Mayor Glendening reported on the actions of the August 3, 2022 City Council Meeting. 2. Kenai Peninsula Borough Planning – Commissioner Fikes reported on the actions of the August 8, 2022 Kenai Peninsula Borough Planning Meeting. 3. City Administration – Planning Director Best reported on the following: • He performed a site inspection on the property of the CUP transferred at the last meeting; reported that there were no farm animals, and was in conformance with the CUP; • He does not yet know the new owner of the bowling alley property; • Thanked Willie Anderson for coming out of retirement and serving as interim Planning Assistant; expressed appreciation for her institutional knowledge and all the hard work she does for City. K. ADDITIONAL PUBLIC COMMENTS – None. L. INFORMATION ITEMS – None. M. NEXT MEETING ATTENDANCE NOTIFICATION 1. August 24, 2022 N. COMMISSION COMMENTS & QUESTIONS Commission Greenberg noted that the old NFIP mapping was not as accurate; the new mapping was an improvement because it is easier to use, and does not put a burden on as many people in the floodplane zones. Vice Mayor Glendening thanked Director Best for the mapping demonstration, noting that it answered many of his questions. O. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:50 p.m. Minutes prepared and submitted by: ____________________________ Meghan Thibodeau Deputy City Clerk Page 123 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Eland Conway, Airport Manager DATE: August 10, 2022 SUBJECT: Kenai Municipal Airport (ENA) Mid-Month Report My Alaska Gifts The term for the Terminal Gift Shop will expire at the end of August 2022. The Airport will begin advertising for another suitable tenant. Enplanements 2022 passenger enplanements remain higher than the previous year, they are continuing to trend closer to pre-pandemic levels – up 28% YTD compared to 2021. Parking Revenue Parking revenue for the month of June surpassed 2021 parking revenue for the same month. Parking revenue continues to trend toward pre-pandemic numbers – up 48% YTD compared to 2021. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city ENA Enplanements 2021 2022 PAX Enp l aneme nts PAX Enp l an ements % 8 Jan 3389 4646 37 .09 % Feb 31U 4695 50.87% M ar 4 127 53 49 29 .61% Apr 4035 5150 27.63 % M ay 4464 5621 25 .92% Jun 5953 6760 13.56% Gra n d Tota l 25080 32221 28.47% Page 124 Page 2 of 2 Airport Mid-Month Report Page 2 of 2 ENA Parking Revenue 2021 2022 Parking Parking % /1 Jan 6,626 13,448 103% Feb 8,373 15,338 83% g -2019.p._.~ .. ,. ! -2020.ra,~n,. Mar 11,315 18,532 64% -,on Pi.~ng: -Xl:nP>.,.ng: Apr 11,757 20,530 75% May 15,309 16,467 8% J un 14,236 15,920 12% Grand Tota l 67,615 100,235 48% The City of Kenai I www.kenai.city Page 125 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager THROUGH: Dave Ross, Police Chief FROM: Jessica “JJ” Hendrickson, Animal Control Chief DATE: August 4, 2022 SUBJECT: July 2022 Monthly Report This month the Kenai Animal Shelter took in 36 animals. Animal intake and disposition: DOGS: INTAKE 24 DISPOSITION 19 Waiver 5 Adopted 7 Stray 13 Euthanized 1 Impound 0 Claimed 11 Protective Custody 3 Field Release 0 Quarantine 2 Transferred 0 Microchips 0 Other Dispositions 0 Other Intakes 1 CATS: INTAKE 12 DISPOSITION 24 Waiver 6 Adopted 18 Stray 6 Euthanized 2 Impound 0 Claimed 1 Protective Custody 0 Field Release 0 Quarantine 0 Transferred 3 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city □ Page 126 Page 2 of 2 3 Animal dropped with After Hours (days we are closed but cleaning and with KPD) 23 Animals are known borough animals 17 Animals are known City of Kenai 5 Animals are known City of Soldotna 0 Animals from unknown location 41 Field Investigations & patrols 5.45 Volunteer Hours Logged 1 Citations 0 Educational Outreach Statistical Data: 454 2020 YTD Intakes 368 2021 YTD Intakes 242 2022 YTD Intakes Microchips 0 Other Dispositions 0 Other Intakes 0 0 OTHER ANIMALS: INTAKE 0 DISPOSITION 0 Chinchilla 0 Chinchilla 0 Rabbit 0 Rabbit 0 Other 0 Guinea Pig 0 DOA: 0 OTHER STATISTICS: Dog 0 Licenses (City of Kenai Dog Licenses) 9 Cat 0 Rabbit 0 The City of Kenai I www.kenai.city Page 127 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: August 10, 2022 SUBJECT: Finance Department, August 2022 Mid-month Report The department completed its part of the 2022 Personal Use Fishery management and is working toward completion of the annual report on the fishery. Fishery revenue was $479,300 which was 97.44% of the FY2023 budgeted amount of $497,901. Total expenditures are still being compiled and a full financial analysis will be part of the annual report. With the end of FY2022, the department’s focus has switched to closing of that year’s books and completion of the City’s Annual Comprehensive Financial Report. This process includes closing of the FY22 financial records, fiscal year end grant reporting, completion of the annual Audit and finally financial statement preparation. The annual audit is scheduled for the week of October 3rd. The upcoming retirement of Sue Best, the City’s Accountant, on September 2nd, the City’s new Controller, Lana Metcalf, started with the City on August 22nd and will spend two weeks transitioning with Sue. We want to wish Sue the best in her retirement and offer a warm welcome to Lana. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 128 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: August 10, 2022 SUBJECT: Fire Department Mid-Month Report – July Calls for service for July decreased from 2021 as we wrap up our dip net season. Here is the breakdown for July 2022. July 2021 2022 % change Totals 144 128 -11.1% EMS 104 90 -13.5% All Other 40 38 -5.0% Year total 815 855 4.9% Training: • Scott Summers attended training on our Run Reporting System (Image Trend) to continue to improve on reports and data collection. Projects/Grants: • Chief Prior and Deputy Chief Anderson traveled to Braun Northwest to complete a pre- build meeting for our new ambulance. • We are continuing work with the Division of Forestry and US Forest Service on grants that will provide funding to mitigate dead and dying trees in the Shqui Tsatnu Creek drainage, which is the gulley between Forest Drive and Spruce Street, and the Beaver Loop corridor. All in supported of the CWPP. • Completed the Emergency Operations Plan with final approval of City Council. It is with mixed emotions that we congratulate Deputy Chief Mark Anderson on his retirement announcement. He has been a vital member of this department for the last 23years, and we will miss the leadership, training, knowledge, and friendship he has given all of us here at KFD. He leaves big shoes to fill, but we are up for the task. We wish him and Dori Lynn well on their traveling adventures and with the next chapter of their lives. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 129 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Christine Cunningham, Human Resources Director DATE: August 5, 2022 SUBJECT: Human Resources Activity – July 2022 Recruitment Human Resources worked with Parks and Rec to actively recruit for remaining unfilled or vacated Temporary Parks & Recreation Maintenance Worker positions and the Fire Department to recruit for a Deputy Fire Chief utilizing an internal recruitment process. Offers of employment were accepted for the following positions: Building Maintenance Lead Technician, Water & Sewer Operator II, Controller, and Library Assistant/ Youth Services Coordinator. Applications are currently under review for the Planning Director and Planning Administrative Assistant III/ Code Enforcement Officer positions, with temporary employees providing support for the Planning Department until the positions are filled. The City is currently recruiting for the following positions: • Temporary Parks & Recreation Maintenance Worker • Library Aide (part-time) Safety No accidents were reported that resulted in property damage or employee injury. Special Projects Human Resources is working on an update to the City’s Employee Handbook to reflect legislative changes affecting personnel policies since the last update in July 2018. In the coming months, Human Resources will work with the City’s Health Benefits Consultant and Administration to develop a communications plan to solicit employee feedback and provide information to employees in advance of open enrollment in December. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 130 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Katja Wolfe, Library Director DATE: August 4, 2022 SUBJECT: Library Mid-Month Report for July 2022 July 2022 at a Glance Items Borrowed Jul-21 Jul-22 2022 YTD P hysical 6,911 7,552 45,004 Digital 1,493 1,566 10,756 Services New Memberships 47 67 361 Room Reservations 94 130 828 Programs Number of Programs 19 33 203 Program Attendance 122 397 2,948 Technology Sessions Computer sessions 436 465 3,374 WiFi Sessions 6,177 8,228 50,575 Early Literacy Station Sessions 186 384 1,741 City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city .i,:J Page 131 Page 2 of 2 July 2022 programming highlights • 33 total in-person programs – 397 attendees 8 Story Times (total of 82 participants) 3 Lego Clubs (total of 24 participants) Computer Class at the Senior Center (4 participants) Raspberry Pi Club (4 participants) Teen Advisory Board (6 participants) Plant Swap (11 participants) James Webb Day (34 participants) o Summer Reading Programs Dive into Maritime Folktales (23 participants) Dive into Shark Week (34 participants) Dive into Marine Mammals (35 participants) Dive into Aquatic Engineering (15 participants) 2 DIY Kits (120 kits given away) June 2022 library services highlights • Volunteers logged 47 hours this past month. Tasks included shelving and program support. • Our study and conference rooms were used by 130 individuals/groups for a total of 279 hours. • We gave out 79 meals to children 18 and under during our Summer Food Service hours in July. • We launched 2 new Discovery Kits (1 NASA@ my Library astronomy kit and 1 money skills kit). • We are wrapping up our Summer Reading Program: o 424 children, 57 teens, and 125 adults signed up to participate o Over 6000 tickets have been distributed! Each ticket equals 1 hour read or one library-related activity completed. o Prize drawings will commence during our Grand Finale on August 4th. The City of Kenai I www.kenai.city Page 132 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Brad Walker, Parks & Recreation Director DATE: August 10, 2022 SUBJECT: Mid-month Report – July 2022 • The department had seventeen shelter reservations for the month of July. • Park staff completed set up for the July 4th parade. • Park staff assisted KSA (Kenai Softball Association) with set up for their 56 team Firecracker Tournament. • Park staff prepared fields for the Little League All Star tournament held the second weekend of July. • Park staff set up tents and assisted the Kenai Rugby teams July tournament, which featured 16 different teams and one team traveling from Montana to participate. • The Director, Assistant Director and the Chamber Commerce are working with the Industry Days event coordinators on planning this event in August. • The Director and Assistant Director took over operations of the PU fishery. This included all dock operations, shack operations, hiring, and training. We received a lot of encouragement and assistance from supporting departments in our first year of running the PU fishery. • The first week of July consisted of the Park crew putting up all the PU fishery signage throughout the City of Kenai and all the fishery locations. The park crew also delivered all supplies to locations, delivered 4 wheelers, side by sides, and the water tank to their specific locations. • The Building Maintenance crew and park staff finished up the Multipurpose Facility project by the third week of July. The consisted of refinishing all the steel girders and supporting I-beams in the building to mitigate the rusting issues. • Park staff cleaned MPF facility in preparation of making Ice the last week of July so hockey tryouts can take place starting the first week of August. • Circulation motor #1 and #2 experienced problems during the start up of the ice rink, The Director, Park staff, and staff from Redline sports worked many late nights to get both motors back up and running so ice would be ready by Aug. 1st. • Park staff removed 77 stumps throughout the Parks, Cemetery, and City. We hope to be able rent a stump grinder again in August to continue removing stumps. This will be an ongoing process for the foreseeable future. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 133 Page 2 of 2 • Park staff worked with the street department on tree removal at the dog park in preparation installing the new fence that better reflects the current boundaries of the dog park. • The Director is working with Wal-Mart community outreach for volunteers to help park staff install a story walk at Daubenspec Family Park. This project is slated to start the second week of August. • Park staff repainted both shelters at Daubenspec Family Park and removed and old horse pit. • The Kenai Recreation Center July visitation o Gym Check In: 455 o Reserved Gym Hours: 5 o Weight/Cardio Room Check In: 431 o Showers/Sauna: 188 o Racquetball: 44 o Wallyball: 10 o Other: 32 o Student: 289 o Kenai City Employee: 21 • July Slash Site Numbers. o 329 total visits o Total of 24.43 acres treated The City of Kenai I www.kenai.city Page 134 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Max Best, Interim Planning Director DATE: August 10, 2022 SUBJECT: Planning and Zoning July 2022 Report Planning and Zoning Commission Agenda Items and Resolutions • On July 13, 2022 the Planning and Zoning Commission was canceled. • On July 27, 2022 the Planning and Zoning Commission approved the following meeting agenda items: o Resolution PZ2022-16 – Preliminary Subdivision Plat of King Cove Subdivision. o Resolution PZ2022-20 – Application for a Transfer of Conditional Use Permit PZ15-24, for Assisted Living Facility in a Suburban Residential Zone, for J.A.C. Enterprises, Inc. to Aspen Creek Kenai LLC, located at 701 N. Forest Drive, and described as Tact 36A Killen Estates 2014 Replat. Resolution PZ2022-19 – Application for a Transfer of Conditional Use Permit PZ12-22, for Assisted Living Facility in a Suburban Residential Zone, for J.A.C. Enterprises, Inc. to Aspen Creek Kenai LLC, located at 701 N. Forest Drive, and described as Tact 36A Killen Estates 2014 Replat. Building Permit and Site Plan Reviews Two Landscape/Site Plan applications reviewed and approved. Code Enforcement Several site visits and one compliance letter were completed. City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 135 Page 2 of 2 City Council Agenda Items • On July 6, 2022, Kenai City Council approved the following agenda items: o Ordinance No. 3295-2022 – Amending the Official Zoning Map by Rezoning Certain Parcels Southeast of Beaver Loop Road along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and Dolchok Lane from Rural Residential to Rural Residential-1. o Resolution No. 2022-56 – Approving Amendments to the Standard Lease Form for the Lease of Airport Reserve Lands Between the City of Kenai and State of Alaska, Department of Transportation & Public Facilities, Division of Facility Services-10 On Lot 4A, FBO Subdivision No. 11. o Action/Approval – Special Use Permit to Kenai Chamber of Commerce and Visitor Center to use and operate of the Moosemeat John Cabin. o Postponed Ordinance No. 3298-2022 – Enacting Kenai Municipal Code Chapter 14.30 - Floodplain Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. The City of Kenai I www.kenai.city Page 136 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: David Ross, Police Chief DATE: August 5, 2022 SUBJECT: Police & Communications Department Activity – July 2022 Police handled 748 calls for service in July, which was approximately a 14% reduction from July of 2021. Dispatch received 351 9-1-1 calls. Officers made 44 arrests. Traffic enforcement resulted in 265 traffic contacts and 52 traffic citations. There were 5 DUI arrests. Officers investigated 6 motor vehicle collisions in July. There were two collisions involving a moose and no collisions involving drugs or alcohol. One new KPD officer continued in field training through the month of July. Two officers completed a four-day interviewing class in Anchorage, that was started in June. Three Dispatchers, that are trainers, completed online training updates for Certified Training Officers. One new dispatcher completed his CPR Certification. The Police Department’s two newest officers (Dustin Real and Ryan Jones) were sworn in by Mayor Gabriel on July 8th. Our newest Sergeant (Ryan Coleman) also had his badge pinning on that same day. The Police Department was heavily involved in the 4th of July parade, that went smoothly again this year. The Police Department also devotes a great deal of resources, including 5 seasonal hires, to the personal use fishery which also went well again this year in regards to public safety. 3822 1754 4264 1850 4160 18910 2000 4000 6000 Total Police Service Calls 911 Calls Received 2020(Jan 1 - Jul 31)2021(Jan 1 - Jul 31)2022(Jan 1 - Jul 31) City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 137 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Scott Curtin, Public Works Director DATE: August 2022 SUBJECT: Mid-Month Report; Public Works / Capital Projects • Kenai Municipal Airport Sand Storage Facility – Orion Construction is currently under contract in the amount of $2,289,000. The project has experienced extreme supply chain issues. March 8th had meeting with City Staff, FAA, and HDL Engineering to discuss alternatives. Held Meeting May 12, 2022 with Orion Construction and City personnel to discuss ongoing project issues. June 7th received confirmation from Orion that Steel Building is now on order through Superstructures, wall and roof panel submittals are in process as of August 9, 2022. Received word that steel is preparing for shipment to Alaska and may arrive around first of September. This project is now moving again, however with winter approaching it will be delayed until spring 2023 to start the foundation to avoid the building being exposed to winter conditions without the ability to enclose and provide heat. Some utility work will take place this fall, rerouting of HEA electrical lines, as well as installation of water and sewer connections, and then the project will temporarily shut down. • Kenai Municipal Airport Airfield Drainage – 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. 10/13/21 Contract Documents were executed with BMGC LLC in the amount of $360,225. Airport staff has requested this project hold off until spring for operational concerns. Update: With the addition of Kenai Aviation to the airport the availability of runway closure times has been further reduced. Staff is working to reduce the length of the available runway for a limited period of time, three weeks range, to allow the contractor to work with minimal limitations within the project area. This will slightly delay the start of the project to allow for the required notifications to take place. A monitoring well was installed to verify water table elevation in the project area on June 6th. Conditions continue to be monitored, work anticipated to start likely October 2022, working a revised Construction Safety Phasing Plan (CSPP) in coordination with the FAA and expecting the runway to be shortened for a period of time to allow the work to be completed. Update: The revised CSPP has been approved by City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai.city Page 138 Page 2 of 7 Public Works Mid-Month Report the FAA and this work is anticipated to be completed during October 2022 with the runway being shortened for a period of time to accommodate the Contractor. • 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. Update: Delivery of unit has experienced slight delays with mounting the blower head to the tractor. Equipment shipping has not occurred yet however we are anticipating it to start heading to Alaska any day now with an arrival date within four weeks. Photo below is our unit and was taken in June 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. On October 13th HDL Engineering, City staff and the FAA discussed the findings of the geotech report. On December 6, 2021 the City received the draft Engineer’s Design Report (EDR) along with the Page 139 Page 3 of 7 Public Works Mid-Month Report draft Geotechnical Report. Staff is reviewing the documents in house in preperation for formal discussion with the FAA in February. Project remains on schedule and within budget at this time. Contract Amendment is pending to add additional services to take the project from the current Preliminary Design to completed bid ready construction documents. Ordinance 3278- 2022 was approved on April 20th to secure HDLs services through Bid Phase with a contract amendment of $781,833 executed on May 6, 2022, bringing the total cost of design to $1,031,833. • 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. 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. The screw press is on order and is expected to arrive in Kenai in July. Construction Documents are now complete and a formal Invitation to Bid was released on June 7th, 2022. Bids were originally due on June 28th but the deadline was extended to July 22nd due to a lack of bidders interested in the project. On July 22nd two bids were received, with Blazy Construction being the lowest responsive responsible bidder at a cost of $1,437,913. Legislation is pending Council approval at the August 17th meeting. • Kenai Wellhouse Relocation – Contract was executed with Polar North Construction on August 4, 2021 in the amount of $243,172.25. Update: Polar North is nearly complete with the project. The building is now residing in the new permanent location adjacent to the trailer at the water treatment plant. The well has now been capped, new building site has been graded. Removal of the old fencing at the old site, along with some previously stored materials is pending to complete the overall project. The department extends our appreciation to Polar North for their efforts in completion of the project. • Lift Station Renovations – Resolution 2021-58 awarded HDL Engineering agreement in the amount of $59,560 to provide bid ready construction documents for three lift stations. HDL has completed on site evaluations and are nearing completion of three sites to receive upgrades. These locations included the stations at mile posts 13 and 14, which are near the soccer fields and Spur / Redoubt Ave respectively, as well as a station on Lawton Drive. These locations are intended to receive new pumps and pump control panels as part of this project. Update: After determination of which lift stations would receive renovations to start, a design meeting was held on 12/3/21 to discuss pump and control panel design. Basis of Page 140 Page 4 of 7 Public Works Mid-Month Report design memo received on January 6, 2022. Update: Design documents are at 65% and continue toward 95% completion. Expecting bid ready construction documents in August 2022. • 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. Staff began repair work on the ice rink starting May 2nd, An aerial lift is being used to apply 100 gallons of Ospho rust reformer and 200 gallons of POR15 rust preventive finish coating to the steel elements within the ceiling. Staff continues working on ventilation improvements with planned upgrades to exhaust fans pending, to assist with humidity control. Update: All planned coatings have been completed including the larger main support beams and fire sprinkler risers. Work will continue on mechanical system upgrades, rink was given back to Parks & Rec July 21st to start the process of placing ice by August 1st. • USACE Bluff Erosion –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. 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 was conducted on August 19th at 3:00pm. On August 29th the Data Collection Plan was received. Detailed work plan has been received by HDR, Data Collection of existing site condition is now complete. On October 4, 2021 a project meeting was held providing updates on data collection progress. On January 2, 2022 the City received 35% Design Documents from HDR, staff was able to review those documents with HDR uploading them to the Corps website on January 25th. Comments were received by the Corps over several days with a formal response to questions provided back to the Corps on February 9th. On February 10th a meeting was conducted with the Corps, HDR and the City to discuss review comments. On March 3rd federal funding in the amount of $650,000 was received by the USACE to be used toward the design effort of the project. This allows Corps staff to bill time to the project in support of our efforts. On March 10th the City submitted a letter for Request for Work in Kind, to cover the expenses the City has incurred through HDR Engineers Inc. in the amount of $248,676.73, which covers progress from July through November 2021. On March 25th meeting with USACE reps where full team of Corp reps are being introduced to the project in anticipation of providing full project review support. 65% Docs are on track for receipt by May 11th from HDR Engineering. 65% Design Docs were received ahead of schedule on April 28th. Staff and USACE counterparts are actively reviewing the documents. The documents have been uploaded to the City website under the Public Works page and are available for review by the public. Below is one example of proposed wall section. Update: Value Engineering Workshop was conducted with USACE on June 21-24 at JBER. This completed the requirement of completion of a VE Study for the project. Final 65% documents with the items addressed at the VE Study workshop will be incorporated in a plan set on July 29, 2022. The Page 141 Page 5 of 7 Public Works Mid-Month Report next step will be moving into Advanced Technical Review (ATR) with the Corp as documents continue toward 95% design. The project is tracking toward an April 3, 2023 Invitation to Bid release for Construction with an anticipated Construction Contract award anticipated in May/June 2023. • 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 has successfully surveyed in 64 adult plot sites and 12 infant plot sites. These sites are available through the Clerk’s office. Additional sites will be available in the summer 2022 after installation of HEA power and irrigation well have been installed. HEA is developing design documents for City approval to bring in a 100amp electrical service to the property from off of Second St. Update: Procurement documents for Fencing and Asphalt is in progress. • Recreation Center Improvements – The Public Works Department released an RFP on November 18, 2021 with proposals due on December 10, 2021 to provide professional AE services for the Kenai Rec Center. This project will provide a code assessment of the facility, architectural drawings for a complete roof replacement of the facility, and mechanical / electrical drawings for the replacement of aging HVAC equipment. Update: Resolution 2022- 06 was approved at the 1/19/22 council meeting to award a design agreement to K+A Design Studios in the amount of $92,085. Design agreement has now been executed and project meetings are set to begin in mid-February. Resolution 2022-09 within the February 16th packet is combining funding from several smaller projects into this one larger one. Update: On March 21st the design team provided the code assessment for the facility identifying several issues which are under review by Public Works Staff. Update: Design is running behind schedule and bid documents have not yet been received as of August 9, 2022. • Kenai Fire Department Flooring Replacement – This project will be replace aging flooring materials within the station. Based on the age of the facility and previous encounters with asbestos, a Proposal Quote Request was released on 12/1/21 with proposals due on 12/10/21 to sample and test for asbestos containing materials within the proposed work area. Contract was awarded on 12/20/21 with a Notice to Proceed granted on 1/11/21 with report due back to City on 2/14/22. The results of the testing will determine our next course of action. If asbestos is discovered steps to conduct abatement will need to be completed prior to replacement of flooring materials. The testing costs are $4,112 at this time. May 18th council meeting has an Ordinance requesting an additional $20,000 in supplemental funding to complete abatement and allow the project to proceed. Update: Supplemental funding approved and request for quotes is in progress to complete the asbestos abatement previously identified. • Visitor Center Roof Replacement – Request for Proposal Documents are pending to obtain professional services to provide bid ready construction documents for the planned roof replacement at the Visitors Center. RFP release is anticipated for late January 2022 to provide for shingle replacements during the summer months 2022. Update: A Proposal Quote Request was released on January 25th with proposals due on February 15th to provide Bid Ready Construction documents for this project. Council can expect to see legislation in March awarding the design agreement. Update: K+A Architecture was the successful proposer and 95% design documents were provided for staff review on May 31, 2022. Invitation to Bid for Page 142 Page 6 of 7 Public Works Mid-Month Report construction was released on 6/21/22 with bids due on 7/19/22. Two bids were received and were both well in excess of budgeted amounts. Project is unable to be awarded at this time and will be adjusted slightly with the intent of rebidding 1st quarter 2023. • 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. • DOT Bridge Access Road Bike Path – Council passed Resolution 2021-53 on August 4, 2021 authorizing the City Manager execute a memorandum of agreement with DOT for design, construction, and maintenance of the Kenai Bridge Access Road Pathway project. In speaking with representatives from DOT the state has not provided funding as yet for this project to move forward. To date the City has appropriated $294,947 in support of this project which is intended to provide a 1.2 mile path connecting the paths between the Spur Highway and Beaver Loop. Total cost of project per DOT estimates equals $3,266,301. Per communications with the DOT, design funding is in place and they are waiting on final signatures for the Reimbursable Services Agreement (RSA) with DNR. Once the RSA is approved they will be able to begin design work. Process is expected to be completed by the end of January. Update: Formal kickoff meeting took place on March 30th with the City Manager and Public Works Director in attendance. From appearances this design process will be a slow one, we are not anticipating seeing construction on the path this calendar year. Will continue to update as more information becomes available. Update: A site meeting will be taking place between the City, DNR, & DOT on 6/9/22 to review the project. HDL Engineering appears to conducting surveying services in support of the project, crews were in the area on 6/7/22. Nothing new to report at this time. • Kenai Dog Park – Public Works Director has been coordinating with representatives from the Dog Park Committee. A formal meeting has been scheduled for April 19th to discuss path forward. Committee also has a planned presentation scheduled for the Council meeting on April 20th. Additional land was granted for the park, and staff is working with volunteers to get the additional area staked and cleared. Currently $63,000 of funding is available for the project. Update: Surveying services through McLane’s Consulting have been contracted, communications with Dog Park representatives, volunteers, and Parks & Recs is ongoing. Update: the new fence line has now been cleared of trees and stumps. New fence line has been staked, public works streets department has been working on project with an excavator scheduled for delivery August 1st to excavate out the pavilion pad, install pathway and culvert. Volunteers are anticipated to construct the framing of the pavilion with the City pouring the concrete pad. Fireweed fencing is expected on 2nd week of August to reinstall fence in permanent location. • Roadway Improvements – Nelson Engineering was the successful proposer to provide bid ready construction documents for improvements to Wildwood Dr, Willow Ave, First St. as well as multiple smaller misc. repairs. Update: Contract documents have been executed, geotech soil borings have been completed, site survey work has begun. Wildwood Drive 65% design docs were received on July 14, 2022 for review. Projects will not be ready for bid release this season and will be released for bids first quarter 2023. Page 143 Page 7 of 7 Public Works Mid-Month Report • Little League Restrooms – Public Works Staff has started on the Scope of Work for the planned new restroom facilities at the ball fields on South Spruce St. In coordination with the Parks & Rec Director, design services will be secured to finalize bid ready construction documents. Current anticipated release for Construction Bids is late summer. A Request for Quotes for design services was released on May 5th to provide bid ready documents to construct three new restrooms adjacent to the existing snack shack. Update: No proposals were received by the City for this release, comments from firms were everyone is too busy with work for this small of a project. We will modify our delivery requirements so work may be completed into the fall / winter with a spring 2023 construction start expectation. Project is now back on street awaiting bids with an extended delivery date into next spring. Multiple firms have downloaded the documents. Page 144 MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Astrea Piersee, Acting Senior Center Director DATE: August 10, 2022 SUBJECT: July 2022 Monthly Report The Kenai Senior Center program was a whirlwind of activities during the month of July with highlights to include, the July 4th of July Pie Booth - 99 pies were made this year along with biscuits and gravy. All food items sold out very quickly. The Country Store also experienced success in their fundraising efforts during this event. The outing to the Norman Lowell Gallery and the no-host dinner were well attended as individuals become more comfortable in congregate settings. The Kitchen continues to harvest produce from the Centers greenhouse. Transportation fees for the Centers transportation program increased as of July first. To combat the rising costs of fuel the routes are being reevaluated and new funding is being sought. The program admitted two new Medicaid Waiver transportation clients this month through education and collaboration. This funding will help supplement grant dollars making them go further. 2022 2021 Home Delivered Meals 1535 1948 Individuals 95 96 Dining Room (Congregate) Meals 676 485 Individuals 115 78 Transportation (1-way rides) 210 0 Individuals 19 0 Grocery Shopping Assistance 10/30 0 SIGN-INS VIA MySeniorCenter© Writers Group 27 23 Caregiver Support Group 2 9 Growing Stronger Exercise 223 245 Tai Chi Class 48 52 TOPS Weight Loss Class 41 21 Bluegrass & Music Sessions 30 88 Card Games 131 145 Wii Bowling 39 10 Arts & Crafts 46 20 Total Event Sign-ins * 1696 1511 Individuals * 184 167 Vintage Pointe Manor Vacancies 0 0 *(not including home meals clients) City of Kenai I 210 ~idalgo Ave , Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 145 MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: August 3, 2022 SUBJECT: June 2022 Quarterly Investment Report City of Kenai Investment Portfolio At June 30, 2022 the City had investments with a market value of $30,305,609. That is down from $30,744,051 at March 31, 2022. The City’s portfolio is yielding 1.65% that is up from 0.89% at March 31, 2022. The Federal Reserve increased the Federal Funds Rate in May, 0.50%, to combat inflation, the largest single rate hike since May of 2000. In June the Federal Reserve again increased the Federal Funds Rate, this time by 0.75%, the largest rate hike since 1994. The current Federal Funds Rate ended June at 1.75% and was subsequently increased in July by another 0.75% increase. Future rate hikes are expected with the majority of Federal Reserve Committee members predicting the rate to be between 3.75 – 4.25% by the end of 2023. A rise in interest rates has an inverse effect on the portfolio’s value. Fair market value adjustments to the portfolio through June 30, 2022 are a negative $820,915. As of June 30, 2021, the portfolios fair market value adjustment was a positive $129,071. As rates continue to rise further negative fair market value adjustments are expected but higher yield on the portfolio will also occur. City’s Investment Portfolio US Agency Securities $19,065,249 AML Investment Pool 1,557,082 Wells Fargo Money Market 3,199,295 FDIC Insured Certificates of Deposit 5,116,835 Bank Balance 1,367,148 Total $ 30,305,609 Permanent Fund Investments The second quarter 2022 saw volatility and losses in the equity markets. Losses as a result of rising interest rates and declines in the equity markets resulted in second quarter total losses of 9.75%. Since inception the portfolio has returned 7.15%. As of June 30, 2022, the portfolio value was $30,296,809, comprised of $25,857,846 (85.35%) Airport Land Sale Permanent Fund, $3,209,669 (10.59%) General Land Sale Permanent Fund monies, $1,058,692 (3.50%) Kenai Senior Connection monies, and $170,602 (0.56%) Kenai Community Foundation holdings. Page 146 Page 2 of 2 The Airport Land Sale Permanent Fund and General Land Sale Permanent Fund FY22 transfers to airport and general fund operations, $1,025,736 and $157,043 respectively, were made on June 1, 2022. Page 147 CITY OF KENAI INVESTMENT PORTFOLIO SUMMARY June 30, 2022 Fair Market Current Value Yield Cash & Cash Equivalents Wells Fargo Checking 1,367,148$ 0.01% Wells Fargo Secured Money Market 3,199,296 1.35% FDIC Insured Certificates of Deposit 5,116,835 2.27% Alaska Municipal League Investment Pool 1,557,082 1.35% Total Cash & Cash Equivalents 11,240,361 1.61% Average Yield Government Securities Maturities Less than 1 Year 9,002,169 1.01% Maturities 1 to 2 Years 2,068,144 1.05% Maturities Greater than 2 Years 7,994,936 2.60% Total Government Securities 19,065,249 1.68% Total Portfolio 30,305,610$ 1.65% Investment Portfolio - Purchase Price 30,176,539$ Investment Portfolio - Fair Value 6/30/22 30,305,610 Fair Value Adjustment - 06/30/21 129,071 Fair Value Adjustment thru - 6/30/2022 (818,028) Cummulative Change in Fair Value (688,957)$ June 30, 2022 $0 $4,000,000 $8,000,000 $12,000,000 $16,000,000 Liquidity 20% Minimum Maturity 1 - 2 years Maturity over 2 years 30% Maximum Portfolio Liquidity Policy Minimum/Maximum Actual Page 148 CITY OF KENAI Investments 06-30-22 COK CITY OF KENAI INVESTMENTS 6/30/2022 Current year cost or Unrealized Expected Call 06/30/21 06/30/22 Gain Accrued EFFECT. SECURITY or Maturity CUSIP original cost Market Value Market Value or Loss Interest RATE FRESB 2017-SB43 A5F Bullet 30306LAC5 292,807.86 292,807.86 285,209.40 (7,598.46) 620.41 0.501 FFCB 0.125 2/3/23 Bullet 3133EMPH9 1,000,200.00 999,270.00 985,420.00 (13,850.00) 513.89 0.125 FNA 2017-M1 A2 Bullet 3136AUG21 158,695.68 158,695.68 157,133.75 (1,561.93) 341.22 3.223 FHR 2011-3824 CL JY Mtge Bullet 3137A7SV3 297,250.25 297,250.25 294,959.76 (2,290.49) 970.85 3.045 FHMS KSMC A2 2.615 1/25/23 Bullet 3137BO4Y7 2,652,003.98 2,623,167.30 2,527,952.70 (95,214.60) 5,524.19 0.196 FHMS KS01 A2 Bullet 3137B1U75 747,354.90 747,354.90 741,266.39 (6,088.51) 1,563.19 1.787 FHMS K032 A2 Bullet 3137B4GY6 1,008,527.78 1,008,527.78 998,800.00 (9,727.78) 2,758.33 2.282 FHMS K034 A2 Bullet 3137B5JM6 404,281.93 404,281.93 400,788.00 (3,493.93) 1,177.00 2.404 FHMS K037 A1 Bullet 3137B7YX1 278,820.13 274,850.61 262,508.53 (12,342.08) 567.78 0.174 FHMS K047 A1 Bullet 3137BKRH5 193,563.31 190,785.12 176,172.14 (14,612.98) 416.99 0.297 FHR 4543 VH Mtge Bullet 3137BMQ58 1,286,730.78 1,286,730.78 1,266,856.25 (19,874.53) 3,222.63 3.094 FHMS K053 A1 Bullet 3137BN6F6 411,753.08 403,643.15 378,270.17 (25,372.98) 813.35 0.383 FHMS K064 A2 Bullet 3137BXQY1 1,009,373.33 1,009,373.33 988,370.00 (21,003.33) 2,686.67 3.010 FHMS KMP1 A1 Bullet 3137FATD0 246,639.22 244,446.82 231,075.29 (13,371.53) 436.39 0.302 FN AL8940 Bullet 3138ET5A0 222,692.13 222,692.13 220,327.24 (2,364.89) 456.06 1.400 FN AM4716 Bullet 3138L5G20 627,073.39 622,206.72 583,974.16 (38,232.56) 1,638.72 0.787 FN Am47124 Bullet 3138L74J2 836,620.50 823,404.81 760,654.78 (62,750.03) 1,983.32 0.759 FN AN0734 Bullet 3138LCY82 3,022,726.65 3,022,726.65 2,980,684.92 (42,041.73) 6,906.15 1.468 FN AN3349 Bullet 3138LFWK0 289,861.84 286,299.65 275,412.96 (10,886.69) 470.35 0.589 FN AN4476 Bullet 3138LG6N1 2,461,952.71 2,461,952.71 2,376,663.10 (85,289.61) 6,400.46 3.193 FNR 2003-79 NJ Mtge Bullet 31393EER6 54,826.21 51,569.41 47,314.36 (4,255.05) 196.36 0.346 FHR 2935 AC Mtge Bullet 31395MQ28 55,030.84 52,645.28 48,640.33 (4,004.95) 200.65 0.487 FN BL4497 Bullet 3140HV7K4 988,727.40 988,727.40 938,218.50 (50,508.90) 2,163.31 2.137 FN BL5704 Bullet 3140HXKS8 490,193.89 490,193.89 489,693.88 (500.01) 1,074.43 3.158 G2 5122 Mtge Bullet 36202FVP8 339,100.99 339,101.02 319,465.12 (19,635.90) 932.45 0.874 GNR 2010-114 CL KB Bullet 38377KBE9 333,999.92 333,999.92 329,417.22 (4,582.70) 1,087.72 2.327 TOTAL 19,710,808.70 19,636,705.10 19,065,248.95 (571,456.15) 45,122.87 1.475 1.010 FDIC Insured CD's CD - 12/31/10 3.55 AXP 12/4/23 27471 02589AA28 249,998 264,548.55 246,697.85 (17,850.70) 643.38 3.160 1.75 SECSTB 12/18/24 8941 062163BN9 245,000 256,544.40 235,751.25 (20,793.15) 152.71 1.750 0.20 HAPOAL 11/27/22 33686 06251A2M1 249,000 249,191.73 247,306.80 (1,884.93) 61.40 0.200 3.10 BANK MIDWEST CD 9/15/23 5170 063615BM9 245,000 260,520.75 245,411.60 (15,109.15) 2,205.67 3.100 2.30 BACR 10/18/22 57203 06740KLD7 245,000 251,921.25 245,318.50 (6,602.75) 1,142.44 2.300 2.4 COF 8/30/22 4297 14042RHS3 245,000 251,568.45 245,240.10 (6,328.35) 1,981.48 2.400 3.15 CFBANK 9/18/23 28263 15721UCQ0 245,000 260,738.80 245,553.70 (15,185.10) 274.87 3.150 3.30 C 9/7/23 7213 17312QS34 245,000 261,370.90 245,997.15 (15,373.75) 2,569.48 3.300 1.75 CNBMIL 12/9/24 3814 17801GBW8 245,000 256,492.95 235,854.15 (20,638.80) 258.42 1.750 3.10 SRCE 10/21/22 9087 33646CKJ2 245,000 254,532.95 245,933.45 (8,599.50) 2,122.44 3.100 2.35 GS 8/30/22 33124 38148PNS2 245,000 251,423.90 245,220.50 (6,203.40) 1,940.20 2.350 1.85 LIVOAK 12/11/24 58665 538036HF4 245,000 257,343.10 236,405.40 (20,937.70) 372.53 1.850 2.05 NTLNYC 8/30/22 18734 634116CM7 245,000 250,537.00 245,102.90 (5,434.10) 13.76 2.050 3.40 NCBSVG 12/21/23 32612 635573AL2 247,234 263,992.40 246,153.95 (17,838.45) 228.22 3.220 0.30 NYCB 11/9/23 16022 649447UE7 249,000 249,258.96 239,991.18 (9,267.78) 108.47 0.300 2.15 NRTHFL 10/25/22 28710 66612ABX5 245,000 251,529.25 245,203.35 (6,325.90) 966.91 2.150 1.70 RCKCAN 12/20/23 33542 77183VAD0 245,000 253,658.30 240,171.05 (13,487.25) 125.52 1.700 2.80 SALLMA 4/17/24 58177 7954502H7 245,000 262,127.95 243,238.45 (18,889.50) 1,409.59 2.590 2.75 SBIIN 02/16/23 33682 856285HZ7 245,000 255,260.60 245,725.20 (9,535.40) 2,491.95 2.750 2.35 SYF 10/20/22 27314 87164WTC2 245,000 252,109.90 245,357.70 (6,752.20) 1,135.73 2.350 2.15 EVER 10/28/22 34775 87270LAV5 245,000 251,622.35 245,200.90 (6,421.45) 894.75 2.150 TOTAL FDIC Insured CD's 5,160,231.99 5,366,294.44 5,116,835.13 (249,459.31) 21,099.92 2.270 WELLS MONEY MKT 3,199,295.53 3,199,295.53 3,199,295.53 2,745.09 1.350 AML POOL - City ACCT Agreed to Amlip 1,557,082.01 1,557,082.01 1,557,082.01 1,723.36 1.350 Agreed to GL 29,627,418.23 29,759,377.08 28,938,461.62 (820,915.46) 70,691.24 WF Cash Agreed to WF 1,367,147.59 1,367,147.59 1,367,147.59 - - 0.010 TOTAL 30,994,565.82 31,126,524.67 30,305,609.21 (820,915.46) 70,691.24 MONTHS (688,956.61) TOTAL CURRENT YIELD 1.6540% Max/Min Return Actual Difference Maturity over 2 years 30% Maximum 9,091,682.76 2.5322%8,702,946 388,736.45 OK Liquidity 20% Minimum 6,061,121.84 1.1876%17,581,304 (11,520,181.87) OK Maturity 1 - 2 years 1.7923% 4,021,359 1.6540% 30,305,609 Page 149 CITY OF KENAI PERMANENT FUND INVESTMENT PORTFOLIO SUMMARY June 30, 2022 Current or Current Average Portfolio Target Portfolio 30-Jun-21 30-Sep-21 31-Dec-21 31-Mar-22 30-Jun-22 Yield Weight Weight Maximum Cash Cash & Cash Equivalents 2,190,624 2,369,402 2,516,906 1,275,967 1,833,543 0.10% 6.05% 3.00% 10.00% Fixed Income Investment Grade Government & Corporate Securities Government Securities 5,766,625 6,276,866 6,632,925 5,127,117 5,101,086 3.39% 16.84% Corporate Securities Investment Grade 3,331,243 3,300,253 3,214,776 2,391,717 2,108,368 4.61%6.96% Total Investment Grade Government & Corporate Securities 9,097,868 9,577,119 9,847,701 7,518,834 7,209,454 3.75% 23.80% 26.00% 36.00% High Yield Domestic - SPDR Portfolio High Yield Bonds - - - - 26,694 0.09% Vanguard Hi Yield Corporate Fund Admiral Shares - - - 1,354,863 1,190,658 3.93% Total High Yield Domestic - - - 1,354,863 1,217,352 4.02%4.00%8.00% Total Fixed Income 9,097,868 9,577,119 9,847,701 8,873,697 8,426,806 3.75% 27.82% 30.00% 44.00% Equities: Domestic Equities: Large-Cap Index 7,847,291 7,883,679 8,472,518 7,839,086 6,522,469 21.53% 22.00% 32.00% Small-Cap Index 2,210,115 2,103,327 2,205,806 1,984,668 1,422,929 4.70% 5.00% 10.00% Mid-Cap Index 4,369,012 4,143,616 4,437,562 3,500,227 2,812,265 9.28%10.00%18.00% Total Domestic Equities 14,426,418 14,130,622 15,115,886 13,323,981 10,757,663 35.51% 37.00% 60.00% International Equities: International Equity 4,389,491 4,175,003 4,203,100 3,149,195 2,256,300 7.45% 8.00% 16.00% Emerging Markets 2,923,176 2,766,724 2,705,552 1,464,576 1,460,565 4.82%5.00%10.00% Total International Equities 7,312,667 6,941,727 6,908,652 4,613,771 3,716,865 12.27%13.00% 26.00% Real Estate: JP Morgan Beta Builders MSCI Reit 773,540 677,098 781,973 705,645 543,668 1.79% Pacer Benchmark Industrial Real Estate - - - - - 0.00% Total Real Estate 773,540 677,098 781,973 705,645 543,668 1.79% 2.00% 4.00% Infrastructure - Flexshares Stoxx Global Broad Infrastucture 1,465,887 1,194,194 1,229,024 1,933,906 1,485,180 4.90%5.00%10.00% Total Equities 23,978,512 22,943,641 24,035,535 20,577,303 16,503,376 54.47%57.00%100.00% Alternative Beta: Blackrock Systematic Multi-Strategy - - - 2,925,750 2,935,070 9.69% IQ Hedge Multi-Strategy Tracker - - - 855,039 598,014 1.97% Total Alternative Beta - - - 3,780,789 3,533,084 11.66%10.00%15.00% Total Portfolio 35,267,004 34,890,162 36,400,142 34,507,756 30,296,809 -14.44%100.00%100.00%169.00% Total ALSPF Balance 30,068,105 29,746,816 31,034,201 29,420,781 25,857,846 Total GLSPF Balance 3,803,858 3,763,212 3,926,077 3,721,966 3,209,669 Total Kenai Community Foundation 193,233 191,168 199,442 189,074 170,602 Total Kenai Senior Connection 1,201,808 1,188,966 1,240,422 1,175,935 1,058,692 Fair Market Value 0.00% 25.00% 50.00% Cash Fixed Income Large-Cap Index Small-Cap Index Mid-Cap Index International Equity Emerging Markets Real Estate: Infrastructure - Alternative Beta: Portfolio Composition Current Portfolio Weight Target Portfolio Weight Maximum Portfolio Weight Current Month Current Quarter Year to Date Last 1 Year Inception to Date Portfolio -5.31% -9.75% -14.44% -11.68% 7.15% Benchmark -5.72% -10.43% -15.06% -12.19% 7.21% -15.00% -10.00% -5.00% 0.00% 5.00% 10.00%Portfolio Performance Page 150 $15,000,000 $17,000,000 $19,000,000 $21,000,000 $23,000,000 $25,000,000 $27,000,000 $29,000,000 $31,000,000 $33,000,000 Total ALSPF Balance Transfer of $1,184,356 to Airport Operations. Transfer of $1,210,348 to Airport Operations. $‐ $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 Total GLSPF Balance $‐ $50,000 $100,000 $150,000 $200,000 $250,000 Total Kenai Community Foundation Balance Transfer of $149,802 to General Fund Operations. Transfer of $1,203,690 to Airport Operations. Transfer of $161,561 to General Fund Operations. $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Total Kenai Senior Connection Balance Initial investment. Transfer of $137,239 to General Fund Operations. Transfer of $928,251 to Airport Operations. Transfer of $148,315 to General Fund Operations. Transfer of $1,012,722 to Airport Operations. Transfer of $157,043 to General Fund Operations. Transfer of $1,025,736 to Airport Operations. Page 151 Clients are encouraged to compare this report with the official statement from their custodian.INVESTMENT PERFORMANCECurrentMonthCurrentQuarterYear toDateLatest 1YearInception toDatePortfolio-5.31 -9.75 -14.44 -11.68 7.15Benchmark-5.72 -10.43 -15.06 -12.19 7.21-20.00-15.00-10.00-5.000.005.0010.00Percent Total Return (Gross)Performance is Annualized for Periods Greater than One YearCurrent Account Benchmark:Equity BlendPORTFOLIO COMPOSITIONFixed Income34%US Lg Cap33%US Md Cap9%US Sm Cap5%Int'l7%Emer Mkts5%Real Estate7%MANAGEMENT TEAMClient Relationship Manager: Blake Phillips, CFA®Blake@apcm.netYour Portfolio Manager: Bill Lierman, CFA®Contact Phone Number: 907/272 -7575ACCOUNT ACTIVITYPortfolio Value on 05-31-22 32,887,630Contributions 0Withdrawals -887,457Change in Market Value -1,844,844Interest 16,927Dividends 128,453Portfolio Value on 06-30-22 30,300,709CITY OF KENAI PERMANENT FUNDSAccount Statement - Period Ending June 30, 2022Page 152 Alaska Permanent Capital Management Co. PORTFOLIO SUMMARY AND TARGET CITY OF KENAI PERMANENT FUNDS June 30, 2022 % Asset Class & Target Market Value Assets Range FIXED INCOME (33%) US Fixed Income (26.0%) 7,209,282 23.8 6% to 36% High Yield Fixed Income (4.0%) 1,217,351 4.0 0% to 8% Cash (3.0%) 1,861,001 6.1 0% to 10% Subtotal: 10,287,634 34.0 EQUITY (50%) US Large Cap (22.0%) 6,499,083 21.4 12% to 32% US Mid Cap (10.0%) 2,812,265 9.3 0% to 18% US Small Cap (5.0%) 1,422,929 4.7 0% to 10% Developed International Equity (8.0%) 2,256,300 7.4 4% to 16% Emerging Markets (5.0%) 1,460,565 4.8 0% to 10% Subtotal: 14,451,143 47.7 ALTERNATIVE INVESTMENTS (17%) Real Estate (2.0%) 543,668 1.8 0% to 4% Alternative Beta (10.0%) 3,533,085 11.7 0% to 15% Infrastructure (5.0%) 1,485,180 4.9 0% to 10% Subtotal: 5,561,932 18.4 TOTAL PORTFOLIO 30,300,709 100 Page 153 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest MaturityAGENCIES125,000 FEDERAL HOME LOAN BANK 99.90124,875 92.12 115,151 0.38 750 258 3.240.600% Due 08-27-25125,000 FHLB 104.27 130,33593.55 116,935 0.39 2,031 615 3.111.625% Due 03-12-27Accrued Interest873 0.00255,210 232,960 0.77 873ALTERNATIVE BETA290,889 BLCKRCK SYST MULTI-STR-INST10.29 2,994,257 10.09 2,935,070 9.69 NA20,844 IQ HEDGE MULTI-STRAT TRACKER 30.61 638,027 28.69 598,014 1.97 NA3,632,283 3,533,085 11.66CORPORATE BONDS100,000 BANK OF NEW YORK MELLON 97.83 97,833 98.94 98,945 0.33 2,200 825 3.162.200% Due 08-16-23100,000 JPMORGAN CHASE & CO 105.18 105,181 100.62 100,619 0.33 3,875 1,615 3.473.875% Due 02-01-24100,000 MORGAN STANLEY IND FINANCIAL SRV 103.71 103,711 100.13 100,127 0.33 3,875 667 3.803.875% Due 04-29-24100,000 WELLS FARGO & COMPANY 99.88 99,882 98.66 98,658 0.33 3,300 1,027 3.943.300% Due 09-09-24100,000 REYNOLDS AMERICAN INC 108.47 108,467 99.40 99,398 0.33 4,450 235 4.674.450% Due 06-12-25100,000 CITIGROUP INC 101.65 101,647 97.99 97,989 0.32 3,700 1,737 4.323.700% Due 01-12-26100,000 KROGER CO 99.82 99,820 93.54 93,544 0.31 2,650 559 4.312.650% Due 10-15-2650,000 GENERAL DYNAMICS CORP 106.1253,060 98.15 49,076 0.16 1,750 437 3.933.500% Due 04-01-2735,000 DARDEN RESTAURANTS INC 110.59 38,706 96.17 33,658 0.11 1,347 225 4.753.850% Due 05-01-2760,000 BORGWARNER INC 107.34 64,403 90.84 54,503 0.18 1,590 795 4.732.650% Due 07-01-27100,000 ENBRIDGE INC 101.13 101,135 95.77 95,769 0.32 3,700 1,706 4.653.700% Due 07-15-2770,000 ANHEUSER-BUSCH INBEV WORLDWIDE 114.31 80,016 98.72 69,102 0.23 2,800 607 4.254.000% Due 04-13-2870,000 ESSEX PORTFOLIO LP 111.7578,224 95.46 66,822 0.22 2,800 933 4.804.000% Due 03-01-29100,000 INTEL CORP 113.48 113,484 97.96 97,962 0.32 3,900 1,040 4.213.900% Due 03-25-3050,000 KOHL'S CORPORATION 99.80 49,901 86.73 43,363 0.14 1,687 281 5.273.375% Due 05-01-31Page 154 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity60,000 KIMCO REALTY CORP 99.17 59,501 87.37 52,423 0.17 1,920 672 4.843.200% Due 04-01-3270,000 CENOVUS ENERGY INC 119.59 83,716 97.51 68,259 0.23 3,675 163 5.505.250% Due 06-15-37100,000 HOME DEPOT INC 115.63 115,627 101.49 101,486 0.33 4,875 1,842 4.764.875% Due 02-15-4450,000 PHILLIPS 66 126.49 63,24396.99 48,493 0.16 2,437 311 5.104.875% Due 11-15-44100,000 CARDINAL HEALTH 111.47 111,470 90.60 90,603 0.30 4,900 1,443 5.634.900% Due 09-15-45100,000 BANK OF AMERICA CORP 106.31 106,308 91.41 91,414 0.30 4,443 1,987 5.044.443% Due 01-20-48100,000 Sysco Corporation 120.54 120,536 87.78 87,782 0.29 4,450 1,310 5.334.450% Due 03-15-4870,000 NATIONAL RETAIL PROP INC 126.03 88,222 92.20 64,543 0.21 3,360 709 5.364.800% Due 10-15-4850,000 TELUS CORP 121.52 60,762 89.19 44,597 0.15 2,150 96 5.044.300% Due 06-15-49110,000 MAGELLAN MIDSTREAM PARTN 109.07 119,976 78.87 86,759 0.29 4,345 1,448 5.433.950% Due 03-01-50110,000 KANSAS CITY SOUTHERN 108.00 118,801 78.01 85,810 0.28 3,850 642 4.973.500% Due 05-01-5075,000 NUTRIEN LTD 99.74 74,803 85.43 64,075 0.21 2,962 395 4.923.950% Due 05-13-50Accrued Interest23,708 0.082,418,436 2,109,488 6.96 23,708DOMESTIC MID CAP EQUITY FUNDS/ETF12,431 ISHARES CORE S&P MIDCAP 400 ETF 117.93 1,465,950 226.23 2,812,265 9.28 NAEMERGING MARKET FUNDS/ETF29,771 ISHARES ETF CORE MSCI EMERGING MKTS 53.58 1,595,188 49.06 1,460,565 4.82 NAFNMA & FHLMC5,475 FHLMC POOL G14203 104.56 5,725 101.20 5,541 0.02 219 18 2.894.000% Due 04-01-2657,711 FG POOL C91270 105.67 60,985101.32 58,473 0.19 2,597 216 3.214.500% Due 10-01-2961,807 FG POOL J30401 101.30 62,608 99.58 61,546 0.20 1,854 155 3.253.000% Due 01-01-3066,879 FG POOL G16255 99.70 66,68098.17 65,656 0.22 1,672 139 3.212.500% Due 07-01-3288,665 FR SB8503 Mtge 102.81 91,158 93.51 82,912 0.27 1,773 30 3.412.000% Due 08-01-35Page 155 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity66,525 FNCL POOL 995373 106.72 70,995103.20 68,654 0.23 2,994 249 3.744.500% Due 02-01-3993,143 FR RB5095 MTGE 103.84 96,716 89.40 83,266 0.27 1,863 31 3.782.000% Due 01-01-41169,038 FN POOL AJ1405 104.48 176,618 100.90 170,557 0.56 6,762 563 3.764.000% Due 09-01-4194,950 FN MA4475 Mtge 103.58 98,348 92.03 87,386 0.29 2,374 40 3.892.500% Due 11-01-41100,670 FN POOL AT2324 100.20 100,875 95.59 96,231 0.32 3,020 50 3.813.000% Due 01-01-43155,752 FG POOL V80057 100.23 156,117 95.63 148,946 0.49 4,673 389 3.813.000% Due 05-01-4399,041 FN POOL AL3180 100.20 99,242 95.53 94,612 0.31 2,971 248 3.813.000% Due 05-01-4387,001 FG POOL G08722 102.09 88,815 98.24 85,469 0.28 3,045 254 3.883.500% Due 09-01-4635,618 FN AS8483 102.95 36,67095.05 33,854 0.11 1,069 89 3.843.000% Due 12-01-4664,894 FN POOL BD2453 99.89 64,82394.64 61,418 0.20 1,947 162 3.843.000% Due 01-01-4749,363 FN POOL MA2930 103.56 51,121100.48 49,599 0.16 1,975 165 3.974.000% Due 03-01-4749,704 FG G61893 101.14 50,271 94.73 47,085 0.16 1,491 124 3.843.000% Due 07-01-4723,750 FN MA3276 105.75 25,11697.76 23,219 0.08 831 69 3.883.500% Due 02-01-4843,946 FN MA3305 103.02 45,272 97.73 42,949 0.14 1,538 128 3.883.500% Due 03-01-4813,237 FN POOL MA3638 103.09 13,646 100.04 13,242 0.04 529 44 4.054.000% Due 04-01-4941,279 FR RA1343 104.69 43,214 93.68 38,672 0.13 1,238 103 3.903.000% Due 09-01-4923,830 FN MA3834 101.90 24,28393.33 22,241 0.07 715 60 3.903.000% Due 11-01-4925,596 FN MA3871 101.91 26,08493.21 23,858 0.08 768 64 3.903.000% Due 12-01-4932,107 FR QA5517 102.31 32,84993.40 29,987 0.10 963 80 3.903.000% Due 12-01-4927,270 FN MA3960 102.31 27,90193.27 25,434 0.08 818 68 3.933.000% Due 03-01-5054,029 FANNIE MAE POOL 104.98 56,722 90.70 49,004 0.16 1,351 113 3.842.500% Due 05-01-5080,979 FN CA7738 MTGE 105.64 85,54790.11 72,969 0.24 2,024 169 3.842.500% Due 11-01-50220,296 FN BR1668 Mtge 99.54 219,272 87.20 192,096 0.63 4,406 73 3.712.000% Due 03-01-51Page 156 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity259,741 FR QC4235 Mtge 102.31 265,748 90.07 233,946 0.77 6,494 108 3.822.500% Due 07-01-5172,031 FANNIE MAE POOL CB1783 92.1266,358 90.10 64,903 0.21 1,801 150 3.822.500% Due 10-01-5139,250 FANNIE MAE POOL FS0822 88.61 34,780 86.90 34,107 0.11 785 65 3.712.000% Due 03-01-52Accrued Interest4,218 0.012,344,559 2,172,050 7.17 4,218HIGH YIELD FIXED INCOME1,189 SPDR PORTFOLIO HIGH YIELD BO 25.19 29,946 22.45 26,693 0.09233,921 VANGUARD HI YLD CORP-ADM 5.60 1,309,958 5.09 1,190,658 3.93 01,339,904 1,217,351 4.02INTERNATIONAL EQUITY FUNDS/ETF2,314 ISHARES EDGE MSCI MIN VOL EAFE ETF 72.75 168,355 63.31 146,499 0.48 NA26,356 ISHARES ETF CORE MSCI EAFE 66.46 1,751,56058.85 1,551,051 5.12 NA18,065 ISHARES MSCI INTERNATIONAL QUALITY 37.34 674,460 30.93 558,750 1.84 NA2,594,375 2,256,300 7.45DOMESTIC LARGE CAP EQUITY FUNDS/ETF5,407 INVESCO S&P 500 LOW VOLATILITY 65.70 355,247 62.00 335,234 1.11 NA14,831 SPDR S&P 500 ETF 214.61 3,182,872 377.25 5,594,995 18.46 NA8,926 VANECK MORNINGSTAR WIDE MOAT 75.71 675,750 63.73 568,854 1.88 NA4,213,869 6,499,083 21.45REAL ESTATE & INFRASTRUCTURE28,738 FLEXSHAR STX GLOBAL BROAD INF ETF 52.34 1,504,037 51.68 1,485,180 4.90 NA6,190 JPMORGAN BETABUILDERS MSCI US REIT ETF 81.50 504,466 87.83 543,668 1.79 NA2,008,503 2,028,848 6.70DOMESTIC SMALL CAP EQUITY FUNDS/ETF15,398 ISHARES S&P SMALLCAP 600 INDEX ETF 56.16 864,705 92.41 1,422,929 4.70 NAU.S. TREASURY 30,000 US TREASURY NOTES 100.02 30,006 99.92 29,975 0.10 37 16 1.090.125% Due 07-31-2275,000 US TREASURY NOTES 98.1873,638 97.75 73,312 0.24 94 16 2.870.125% Due 04-30-2320,000 US TREASURY NOTES 100.00 19,999 97.12 19,424 0.06 25 12 2.950.125% Due 07-15-23100,000 US TREASURY NOTES 99.4899,484 96.64 96,645 0.32 125 37 2.970.125% Due 09-15-23Page 157 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity90,000 US TREASURY NOTE 99.7589,779 96.41 86,765 0.29 112 24 2.980.125% Due 10-15-23100,000 US TREASURY NOTES 99.41 99,406 98.27 98,270 0.32 1,625 274 2.961.625% Due 10-31-23115,000 US TREASURY NOTES 96.76111,276 96.37 110,822 0.37 287 37 2.970.250% Due 11-15-2395,000 US TREASURY NOTE 98.6593,716 96.77 91,928 0.30 831 347 2.980.875% Due 01-31-24100,000 US TREASURY NOTES 99.5399,527 95.46 95,461 0.32 375 79 2.990.375% Due 04-15-24100,000 US TREASURY NOTES 99.8699,855 95.04 95,043 0.31 250 32 2.990.250% Due 05-15-24170,000 US TREASURY NOTES 102.28 173,871 96.46 163,990 0.54 2,550 216 3.031.500% Due 11-30-2475,000 US TREASURY NOTES 99.7174,780 99.22 74,417 0.25 2,062 6 3.022.750% Due 06-30-25120,000 US TREASURY NOTES 96.66 115,993 91.82 110,179 0.36 300 125 3.050.250% Due 07-31-25115,000 US TREASURY NOTE 100.99 116,137 99.86 114,834 0.38 3,450 867 3.053.000% Due 09-30-25100,000 US TREASURY NOTES 95.8095,797 91.34 91,336 0.30 375 32 3.060.375% Due 11-30-2575,000 US TREASURY NOTES 95.63 71,726 94.77 71,077 0.23 1,219 156 3.071.625% Due 05-15-2650,000 US TREASURY NOTES 95.4947,747 87.42 43,709 0.14 187 78 3.070.375% Due 07-31-27100,000 US TREASURY NOTES 96.60 96,598 89.91 89,914 0.30 1,125 376 3.081.125% Due 02-29-28100,000 US TREASURY NOTES 99.59 99,590 90.34 90,344 0.30 1,250 316 3.101.250% Due 03-31-2870,000 US TREASURY NOTES 97.8368,482 90.20 63,139 0.21 875 147 3.101.250% Due 04-30-28100,000 US TREASURY NOTES 102.38 102,380 100.21 100,207 0.33 3,125 399 3.093.125% Due 11-15-2820,000 US TREASURY NOTES 101.7420,348 97.36 19,473 0.06 525 197 3.072.625% Due 02-15-29105,000 US TREASURY NOTES 93.71 98,401 91.76 96,350 0.32 1,837 235 3.001.750% Due 11-15-2910,000 US TREASURY NOTES 100.79 10,079 83.38 8,338 0.03 62 8 3.010.625% Due 05-15-3020,000 US TREASURY NOTE 99.7319,945 82.91 16,581 0.05 125 47 3.010.625% Due 08-15-30125,000 US TREASURY NOTES 97.64 122,046 84.43 105,542 0.35 1,094 140 2.990.875% Due 11-15-30140,000 US TREASURY NOTE 99.32 139,042 85.93 120,302 0.40 1,575 592 2.991.125% Due 02-15-31Page 158 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldAverage Total Market Pct. Annual Accrued toQuantity Security Cost Average Cost Price Value Assets Income Interest Maturity125,000 US TREASURY NOTES 100.89 126,113 89.35 111,690 0.37 2,031 259 3.001.625% Due 05-15-3135,000 US TREASURY NOTES 90.9431,829 90.59 31,708 0.10 656 247 3.011.875% Due 02-15-3285,000 US TREASURY NOTES 127.11 108,045 107.82 91,644 0.30 3,294 1,237 3.303.875% Due 08-15-4075,000 US TREASURY NOTES 96.42 72,316 76.07 57,049 0.19 1,312 493 3.471.750% Due 08-15-4125,000 US TREASURY NOTES 110.8627,716 89.72 22,431 0.07 687 258 3.462.750% Due 08-15-4225,000 US TREASURY NOTES 97.1324,283 95.01 23,753 0.08 781 294 3.473.125% Due 02-15-4345,000 US TREASURY NOTES 102.9846,342 93.24 41,957 0.14 1,294 165 3.252.875% Due 05-15-4915,000 US TREASURY NOTES 100.74 15,111 63.62 9,5440.03 187 24 3.241.250% Due 05-15-5075,000 US TREASURY NOTES 96.64 72,478 70.33 52,749 0.17 1,219 156 3.231.625% Due 11-15-5050,000 US TREASURY NOTES 100.8850,439 77.28 38,642 0.13 1,000 376 3.212.000% Due 08-15-5115,000 US TREASURY NOTE 95.2614,289 75.03 11,255 0.04 281 36 3.191.875% Due 11-15-5120,000 US TREASURY NOTE 83.9716,795 82.30 16,459 0.05 450 169 3.182.250% Due 02-15-52Accrued Interest8,521 0.032,895,406 2,694,783 8.89 8,521CASH AND CASH EQUIVILENTSDIVIDEND ACCRUAL 28,732 28,732 0.09WF ADV GOVT MM FD-INSTL #1751 1,832,269 1,832,269 6.051,861,001 1,861,001 6.14TOTAL PORTFOLIO 27,489,391 30,300,709 100 195,027 37,320Page 159 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountPURCHASESDOMESTIC LARGE CAP EQUITY FUNDS/ETF06-01-22 06-03-22 INVESCO S&P 500 LOW VOLATILITY3,013.0000 193,898.00FNMA & FHLMC06-02-22 06-06-22 FANNIE MAE POOL CB178372,030.73 66,358.312.500% Due 10-01-5106-02-22 06-13-22 FANNIE MAE POOL FS0822 39,250.46 34,779.592.000% Due 03-01-52101,137.90295,035.90DEPOSITS AND EXPENSESMANAGEMENT FEES06-30-22 06-30-22 MANAGEMENT FEES 4,191.734,191.73DividendDOMESTIC LARGE CAP EQUITY FUNDS/ETF06-17-22 07-29-22 SPDR S&P 500 ETF 23,386.5706-30-22 06-30-22 INVESCO S&P 500 LOW VOLATILITY610.0223,996.59DOMESTIC MID CAP EQUITY FUNDS/ETF06-15-22 06-15-22 ISHARES CORE S&P MIDCAP 400 ETF9,814.49DOMESTIC SMALL CAP EQUITY FUNDS/ETF06-15-22 06-15-22 ISHARES S&P SMALLCAP 600 INDEX ETF4,647.33Page 160 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountEMERGING MARKET FUNDS/ETF06-15-22 06-15-22 ISHARES ETF CORE MSCI EMERGING MKTS17,993.86HIGH YIELD FIXED INCOME06-01-22 06-07-22 SPDR PORTFOLIO HIGH YIELD BO138.0806-30-22 07-01-22 VANGUARD HI YLD CORP-ADM5,345.225,483.30INTERNATIONAL EQUITY FUNDS/ETF06-15-22 06-15-22 ISHARES EDGE MSCI MIN VOL EAFE ETF2,566.8306-15-22 06-15-22 ISHARES ETF CORE MSCI EAFE35,104.5106-15-22 06-15-22 ISHARES MSCI INTERNATIONAL QUALITY12,876.5250,547.86REAL ESTATE & INFRASTRUCTURE06-24-22 06-24-22 FLEXSHAR STX GLOBAL BROAD INF ETF13,270.0606-24-22 06-24-22 JPMORGAN BETABUILDERS MSCI US REIT ETF2,699.4615,969.52128,452.95InterestCASH AND CASH EQUIVILENTS06-01-22 06-01-22 WF ADV GOVT MM FD-INSTL #1751764.22Page 161 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountCORPORATE BONDS06-13-22 06-13-22 REYNOLDS AMERICAN INC2,225.004.450% Due 06-12-2506-15-22 06-15-22 CENOVUS ENERGY INC 1,837.505.250% Due 06-15-3706-15-22 06-15-22 TELUS CORP 1,075.004.300% Due 06-15-495,137.50FNMA & FHLMC06-15-22 06-15-22 FHLMC POOL G14203 18.904.000% Due 04-01-2606-15-22 06-15-22 FG POOL G16255 143.082.500% Due 07-01-3206-15-22 06-15-22 FG POOL G08722 258.553.500% Due 09-01-4606-15-22 06-15-22 FG POOL C91270 231.414.500% Due 10-01-2906-15-22 06-15-22 FG POOL J30401 156.913.000% Due 01-01-3006-15-22 06-15-22 FG POOL V80057 392.593.000% Due 05-01-4306-15-22 06-15-22 FG G61893 125.843.000% Due 07-01-4706-27-22 06-27-22 FR SB8503 Mtge 149.872.000% Due 08-01-3506-27-22 06-27-22 FR QA5517 83.213.000% Due 12-01-4906-27-22 06-27-22 FR QC4235 Mtge 542.092.500% Due 07-01-5106-27-22 06-27-22 FR RA1343 105.493.000% Due 09-01-4906-27-22 06-27-22 FR RB5095 MTGE 156.722.000% Due 01-01-41Page 162 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity Amount06-27-22 06-27-22 FN POOL AJ1405 578.384.000% Due 09-01-4106-27-22 06-27-22 FN POOL AT2324 255.293.000% Due 01-01-4306-27-22 06-27-22 FN AS8483 90.103.000% Due 12-01-4606-27-22 06-27-22 FN POOL AL3180 253.603.000% Due 05-01-4306-27-22 06-27-22 FN POOL BD2453 164.333.000% Due 01-01-4706-27-22 06-27-22 FANNIE MAE POOL 112.852.500% Due 05-01-5006-27-22 06-27-22 FN BR1668 Mtge 369.802.000% Due 03-01-5106-27-22 06-27-22 FN CA7738 MTGE 172.882.500% Due 11-01-5006-27-22 06-27-22 FNCL POOL 995373 253.084.500% Due 02-01-3906-27-22 06-27-22 FN POOL MA2930 169.504.000% Due 03-01-4706-27-22 06-27-22 FN MA3305 130.943.500% Due 03-01-4806-27-22 06-27-22 FN MA3276 70.373.500% Due 02-01-4806-27-22 06-27-22 FN MA4475 Mtge 199.692.500% Due 11-01-4106-27-22 06-27-22 FN POOL MA3638 45.454.000% Due 04-01-4906-27-22 06-27-22 FN MA3834 60.543.000% Due 11-01-4906-27-22 06-27-22 FN MA3871 65.013.000% Due 12-01-4906-27-22 06-27-22 FN MA3960 69.263.000% Due 03-01-505,425.73Page 163 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountU.S. TREASURY 06-30-22 06-30-22 US TREASURY NOTES 1,031.252.750% Due 06-30-2512,358.70PRINCIPAL PAYDOWNSFNMA & FHLMC06-15-22 06-15-22 FHLMC POOL G14203 195.48 195.484.000% Due 04-01-2606-15-22 06-15-22 FG POOL G16255 1,801.70 1,801.702.500% Due 07-01-3206-15-22 06-15-22 FG POOL G08722 1,646.02 1,646.023.500% Due 09-01-4606-15-22 06-15-22 FG POOL C91270 3,997.02 3,997.024.500% Due 10-01-2906-15-22 06-15-22 FG POOL J30401 958.11 958.113.000% Due 01-01-3006-15-22 06-15-22 FG POOL V80057 1,285.03 1,285.033.000% Due 05-01-4306-15-22 06-15-22 FG G61893 629.74 629.743.000% Due 07-01-4706-25-22 06-27-22 FR SB8503 Mtge 1,255.25 1,255.252.000% Due 08-01-3506-25-22 06-27-22 FR QA5517 1,175.47 1,175.473.000% Due 12-01-4906-25-22 06-27-22 FR QC4235 Mtge 461.08 461.082.500% Due 07-01-5106-25-22 06-27-22 FR RA1343 917.07 917.073.000% Due 09-01-4906-25-22 06-27-22 FR RB5095 MTGE 886.42 886.422.000% Due 01-01-4106-25-22 06-27-22 FN POOL AJ1405 4,476.96 4,476.964.000% Due 09-01-4106-25-22 06-27-22 FN POOL AT2324 1,446.42 1,446.423.000% Due 01-01-43Page 164 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity Amount06-25-22 06-27-22 FN AS8483 421.27 421.273.000% Due 12-01-4606-25-22 06-27-22 FN POOL AL3180 2,397.61 2,397.613.000% Due 05-01-4306-25-22 06-27-22 FN POOL BD2453 838.82 838.823.000% Due 01-01-4706-25-22 06-27-22 FANNIE MAE POOL 137.63 137.632.500% Due 05-01-5006-25-22 06-27-22 FN BR1668 Mtge 1,581.18 1,581.182.000% Due 03-01-5106-25-22 06-27-22 FN CA7738 MTGE 2,002.70 2,002.702.500% Due 11-01-5006-25-22 06-27-22 FNCL POOL 995373 964.12 964.124.500% Due 02-01-3906-25-22 06-27-22 FN POOL MA2930 1,487.22 1,487.224.000% Due 03-01-4706-25-22 06-27-22 FN MA3305 947.34 947.343.500% Due 03-01-4806-25-22 06-27-22 FN MA3276 374.76 374.763.500% Due 02-01-4806-25-22 06-27-22 FN MA4475 Mtge 898.65 898.652.500% Due 11-01-4106-25-22 06-27-22 FN POOL MA3638 398.45 398.454.000% Due 04-01-4906-25-22 06-27-22 FN MA3834 386.60 386.603.000% Due 11-01-4906-25-22 06-27-22 FN MA3871 408.49 408.493.000% Due 12-01-4906-25-22 06-27-22 FN MA3960 433.63 433.633.000% Due 03-01-5034,810.2434,810.24Page 165 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountPurchased Accrued InterestFNMA & FHLMC06-02-22 06-06-22 FANNIE MAE POOL CB178325.012.500% Due 10-01-5106-02-22 06-13-22 FANNIE MAE POOL FS0822 26.172.000% Due 03-01-5251.1851.18SALES, MATURITIES, AND CALLSALTERNATIVE BETA06-01-22 06-03-22 IQ HEDGE MULTI-STRAT TRACKER6,585.0000 194,542.7906-02-22 06-06-22 IQ HEDGE MULTI-STRAT TRACKER547.0000 16,275.6206-03-22 06-06-22 BLCKRCK SYST MULTI-STR-INST7,624.6600 78,152.77288,971.18DOMESTIC LARGE CAP EQUITY FUNDS/ETF06-02-22 06-06-22 INVESCO S&P 500 LOW VOLATILITY152.0000 9,764.1006-02-22 06-06-22 SPDR S&P 500 ETF 431.0000 178,981.6206-02-22 06-06-22 VANECK MORNINGSTAR WIDE MOAT264.0000 18,417.28207,163.00DOMESTIC MID CAP EQUITY FUNDS/ETF06-02-22 06-06-22 ISHARES CORE S&P MIDCAP 400 ETF365.0000 92,721.48DOMESTIC SMALL CAP EQUITY FUNDS/ETF06-02-22 06-06-22 ISHARES S&P SMALLCAP 600 INDEX ETF454.0000 46,674.22Page 166 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountEMERGING MARKET FUNDS/ETF06-02-22 06-06-22 ISHARES ETF CORE MSCI EMERGING MKTS824.0000 43,711.38HIGH YIELD FIXED INCOME06-03-22 06-06-22 VANGUARD HI YLD CORP-ADM6,302.8180 34,224.30INTERNATIONAL EQUITY FUNDS/ETF06-02-22 06-06-22 ISHARES EDGE MSCI MIN VOL EAFE ETF64.0000 4,345.1206-02-22 06-06-22 ISHARES ETF CORE MSCI EAFE732.0000 48,594.4706-02-22 06-06-22 ISHARES MSCI INTERNATIONAL QUALITY503.0000 17,370.2170,309.80REAL ESTATE & INFRASTRUCTURE06-01-22 06-03-22 FLEXSHAR STX GLOBAL BROAD INF ETF3,493.0000 193,451.8706-02-22 06-06-22 FLEXSHAR STX GLOBAL BROAD INF ETF791.0000 44,250.6906-02-22 06-06-22 JPMORGAN BETABUILDERS MSCI US REIT ETF188.0000 17,880.11255,582.67U.S. TREASURY 06-02-22 06-03-22 US TREASURY NOTES 20,000 19,971.090.125% Due 07-31-221,059,329.12Page 167 Alaska Permanent Capital Management Co.TRANSACTION SUMMARY CITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TradeDate Date Security Quantity AmountSold Accrued InterestU.S. TREASURY 06-02-22 06-03-22 US TREASURY NOTES 8.490.125% Due 07-31-228.49WithdrawCASH AND CASH EQUIVILENTS06-01-22 06-01-22 WF ADV GOVT MM FD-INSTL #1751887,029.0006-01-22 06-01-22 DIVIDEND ACCRUAL 5,337.8106-07-22 06-07-22 DIVIDEND ACCRUAL 138.0806-21-22 06-21-22 WF ADV GOVT MM FD-INSTL #1751428.08892,932.97892,932.97Page 168 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 Through 06-30-22Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-01-22 6,585.0000 IQ HEDGE MULTI-STRAT TRACKER201,564.24 194,542.79 -7,021.4506-01-22 3,493.0000 FLEXSHAR STX GLOBAL BROAD INF ETF182,810.27 193,451.87 10,641.6006-02-22 365.0000 ISHARES CORE S&P MIDCAP 400 ETF43,043.35 92,721.48 49,678.1306-02-22 152.0000 INVESCO S&P 500 LOW VOLATILITY9,986.60 9,764.10 -222.5006-02-22 431.0000 SPDR S&P 500 ETF 92,496.66 178,981.62 86,484.9606-02-22 64.0000 ISHARES EDGE MSCI MIN VOL EAFE ETF4,656.31 4,345.12 -311.1906-02-22 732.0000 ISHARES ETF CORE MSCI EAFE48,647.06 48,594.47 -52.5906-02-22 503.0000 ISHARES MSCI INTERNATIONAL QUALITY18,779.61 17,370.21 -1,409.4006-02-22 791.0000 FLEXSHAR STX GLOBAL BROAD INF ETF41,397.92 44,250.69 2,852.7706-02-22 188.0000 JPMORGAN BETABUILDERS MSCI US REIT ETF15,321.43 17,880.11 2,558.6806-02-22 454.0000 ISHARES S&P SMALLCAP 600 INDEX ETF25,495.26 46,674.22 21,178.9606-02-22 547.0000 IQ HEDGE MULTI-STRAT TRACKER16,743.45 16,275.62 -467.8306-02-22 264.0000 VANECK MORNINGSTAR WIDE MOAT19,986.33 18,417.28 -1,569.0506-02-22 824.0000 ISHARES ETF CORE MSCI EMERGING MKTS44,151.53 43,711.38 -440.1506-02-22 20,000 US TREASURY NOTES 20,003.91 19,971.09 -32.820.125% Due 07-31-2206-03-22 7,624.6600 BLCKRCK SYST MULTI-STR-INST78,484.19 78,152.77 -331.4206-03-22 6,302.8180 VANGUARD HI YLD CORP-ADM35,295.78 34,224.30 -1,071.48Page 169 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 Through 06-30-22Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-15-22 195.48 FHLMC POOL G14203 204.40 195.48 -8.924.000% Due 04-01-2606-15-22 1,801.70 FG POOL G16255 1,796.35 1,801.70 5.352.500% Due 07-01-3206-15-22 1,646.02 FG POOL G08722 1,680.35 1,646.02 -34.333.500% Due 09-01-4606-15-22 3,997.02 FG POOL C91270 4,223.73 3,997.02 -226.714.500% Due 10-01-2906-15-22 958.11 FG POOL J30401 970.54 958.11 -12.433.000% Due 01-01-3006-15-22 1,285.03 FG POOL V80057 1,288.04 1,285.03 -3.013.000% Due 05-01-4306-15-22 629.74 FG G61893 636.92 629.74 -7.183.000% Due 07-01-4706-25-22 1,255.25 FR SB8503 Mtge 1,290.55 1,255.25 -35.302.000% Due 08-01-3506-25-22 1,175.47 FR QA5517 1,202.65 1,175.47 -27.183.000% Due 12-01-4906-25-22 461.08 FR QC4235 Mtge 471.74 461.08 -10.662.500% Due 07-01-5106-25-22 917.07 FR RA1343 960.06 917.07 -42.993.000% Due 09-01-4906-25-22 886.42 FR RB5095 MTGE 920.42 886.42 -34.002.000% Due 01-01-4106-25-22 4,476.96 FN POOL AJ1405 4,677.72 4,476.96 -200.764.000% Due 09-01-4106-25-22 1,446.42 FN POOL AT2324 1,449.36 1,446.42 -2.943.000% Due 01-01-4306-25-22 421.27 FN AS8483 433.71 421.27 -12.443.000% Due 12-01-4606-25-22 2,397.61 FN POOL AL3180 2,402.48 2,397.61 -4.873.000% Due 05-01-4306-25-22 838.82 FN POOL BD2453 837.90 838.82 0.923.000% Due 01-01-4706-25-22 137.63 FANNIE MAE POOL 144.49 137.63 -6.862.500% Due 05-01-50Page 170 Alaska Permanent Capital Management Co.REALIZED GAINS AND LOSSESCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 Through 06-30-22Avg. CostDate Quantity Security Basis Proceeds Gain Or Loss06-25-22 1,581.18 FN BR1668 Mtge 1,573.83 1,581.18 7.352.000% Due 03-01-5106-25-22 2,002.70 FN CA7738 MTGE 2,115.66 2,002.70 -112.962.500% Due 11-01-5006-25-22 964.12 FNCL POOL 995373 1,028.90 964.12 -64.784.500% Due 02-01-3906-25-22 1,487.22 FN POOL MA2930 1,540.20 1,487.22 -52.984.000% Due 03-01-4706-25-22 947.34 FN MA3305 975.91 947.34 -28.573.500% Due 03-01-4806-25-22 374.76 FN MA3276 396.31 374.76 -21.553.500% Due 02-01-4806-25-22 898.65 FN MA4475 Mtge 930.80 898.65 -32.152.500% Due 11-01-4106-25-22 398.45 FN POOL MA3638 410.78 398.45 -12.334.000% Due 04-01-4906-25-22 386.60 FN MA3834 393.94 386.60 -7.343.000% Due 11-01-4906-25-22 408.49 FN MA3871 416.28 408.49 -7.793.000% Due 12-01-4906-25-22 433.63 FN MA3960 443.66 433.63 -10.033.000% Due 03-01-50TOTAL GAINS 173,408.71TOTAL LOSSES -13,950.95934,681.60 1,094,139.36 159,457.76Page 171 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security AmountWF ADV GOVT MM FD-INSTL #175106-01-22 Beginning Balance 1,803,247.6906-01-22 06-03-22 wd Purchase INVESCO S&P 500 LOW VOLATILITY-193,898.0006-01-22 06-03-22 dp Sale IQ HEDGE MULTI-STRAT TRACKER194,542.7906-01-22 06-03-22 dp Sale FLEXSHAR STX GLOBAL BROAD INF ETF193,451.8706-01-22 06-01-22 wd Withdrawal from Portfolio -887,029.0006-01-22 06-01-22 dp Interest WF ADV GOVT MM FD-INSTL #1751764.2206-01-22 06-01-22 dp Transfer from DIVIDEND ACCRUAL 5,337.8106-02-22 06-06-22 dp Sale ISHARES CORE S&P MIDCAP 400 ETF92,721.4806-02-22 06-06-22 dp Sale INVESCO S&P 500 LOW VOLATILITY9,764.1006-02-22 06-06-22 dp Sale SPDR S&P 500 ETF 178,981.6206-02-22 06-06-22 dp Sale ISHARES EDGE MSCI MIN VOL EAFE ETF4,345.1206-02-22 06-06-22 dp Sale ISHARES ETF CORE MSCI EAFE 48,594.4706-02-22 06-06-22 dp Sale ISHARES MSCI INTERNATIONAL QUALITY17,370.2106-02-22 06-06-22 dp Sale FLEXSHAR STX GLOBAL BROAD INF ETF44,250.6906-02-22 06-06-22 dp Sale JPMORGAN BETABUILDERS MSCI US REIT ETF17,880.1106-02-22 06-06-22 dp Sale ISHARES S&P SMALLCAP 600 INDEX ETF46,674.2206-02-22 06-06-22 dp Sale IQ HEDGE MULTI-STRAT TRACKER16,275.62Page 172 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-02-22 06-06-22 dp Sale VANECK MORNINGSTAR WIDE MOAT18,417.2806-02-22 06-06-22 dp Sale ISHARES ETF CORE MSCI EMERGING MKTS43,711.3806-02-22 06-03-22 dp Sale US TREASURY NOTES 19,971.090.125% Due 07-31-2206-02-22 06-03-22 dp Accrued Interest US TREASURY NOTES 8.490.125% Due 07-31-2206-02-22 06-06-22 wd Purchase FANNIE MAE POOL CB1783 -66,358.312.500% Due 10-01-5106-02-22 06-06-22 wd Accrued Interest FANNIE MAE POOL CB1783 -25.012.500% Due 10-01-5106-02-22 06-13-22 wd Purchase FANNIE MAE POOL FS0822 -34,779.592.000% Due 03-01-5206-02-22 06-13-22 wd Accrued Interest FANNIE MAE POOL FS0822 -26.172.000% Due 03-01-5206-03-22 06-06-22 dp Sale BLCKRCK SYST MULTI-STR-INST78,152.7706-03-22 06-06-22 dp Sale VANGUARD HI YLD CORP-ADM 34,224.3006-07-22 06-07-22 dp Transfer from DIVIDEND ACCRUAL 138.0806-13-22 06-13-22 dp Interest REYNOLDS AMERICAN INC 2,225.004.450% Due 06-12-2506-15-22 06-15-22 dp Interest CENOVUS ENERGY INC 1,837.505.250% Due 06-15-3706-15-22 06-15-22 dp Interest TELUS CORP 1,075.004.300% Due 06-15-4906-15-22 06-15-22 dp Dividend ISHARES EDGE MSCI MIN VOL EAFE ETF2,566.8306-15-22 06-15-22 dp Dividend ISHARES ETF CORE MSCI EAFE 35,104.5106-15-22 06-15-22 dp Dividend ISHARES ETF CORE MSCI EMERGING MKTS17,993.86Page 173 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-15-22 06-15-22 dp Dividend ISHARES CORE S&P MIDCAP 400 ETF9,814.4906-15-22 06-15-22 dp Dividend ISHARES S&P SMALLCAP 600 INDEX ETF4,647.3306-15-22 06-15-22 dp Dividend ISHARES MSCI INTERNATIONAL QUALITY12,876.5206-15-22 06-15-22 dp Interest FHLMC POOL G14203 18.904.000% Due 04-01-2606-15-22 06-15-22 dp Paydown FHLMC POOL G14203 195.484.000% Due 04-01-2606-15-22 06-15-22 dp Paydown FG POOL G16255 1,801.702.500% Due 07-01-3206-15-22 06-15-22 dp Interest FG POOL G16255 143.082.500% Due 07-01-3206-15-22 06-15-22 dp Interest FG POOL G08722 258.553.500% Due 09-01-4606-15-22 06-15-22 dp Paydown FG POOL G08722 1,646.023.500% Due 09-01-4606-15-22 06-15-22 dp Paydown FG POOL C91270 3,997.024.500% Due 10-01-2906-15-22 06-15-22 dp Interest FG POOL C91270 231.414.500% Due 10-01-2906-15-22 06-15-22 dp Interest FG POOL J30401 156.913.000% Due 01-01-3006-15-22 06-15-22 dp Paydown FG POOL J30401 958.113.000% Due 01-01-3006-15-22 06-15-22 dp Paydown FG POOL V80057 1,285.033.000% Due 05-01-4306-15-22 06-15-22 dp Interest FG POOL V80057 392.593.000% Due 05-01-43Page 174 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-15-22 06-15-22 dp Interest FG G61893 125.843.000% Due 07-01-4706-15-22 06-15-22 dp Paydown FG G61893 629.743.000% Due 07-01-4706-21-22 06-21-22 wd Withdrawal from Portfolio -428.0806-24-22 06-24-22 dp Dividend FLEXSHAR STX GLOBAL BROAD INF ETF13,270.0606-24-22 06-24-22 dp Dividend JPMORGAN BETABUILDERS MSCI US REIT ETF2,699.4606-25-22 06-27-22 dp Paydown FR SB8503 Mtge 1,255.252.000% Due 08-01-3506-25-22 06-27-22 dp Paydown FR QA5517 1,175.473.000% Due 12-01-4906-25-22 06-27-22 dp Paydown FR QC4235 Mtge 461.082.500% Due 07-01-5106-25-22 06-27-22 dp Paydown FR RA1343 917.073.000% Due 09-01-4906-25-22 06-27-22 dp Paydown FR RB5095 MTGE 886.422.000% Due 01-01-4106-25-22 06-27-22 dp Paydown FN POOL AJ1405 4,476.964.000% Due 09-01-4106-25-22 06-27-22 dp Paydown FN POOL AT2324 1,446.423.000% Due 01-01-4306-25-22 06-27-22 dp Paydown FN AS8483 421.273.000% Due 12-01-4606-25-22 06-27-22 dp Paydown FN POOL AL3180 2,397.613.000% Due 05-01-4306-25-22 06-27-22 dp Paydown FN POOL BD2453 838.823.000% Due 01-01-4706-25-22 06-27-22 dp Paydown FANNIE MAE POOL 137.632.500% Due 05-01-50Page 175 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-25-22 06-27-22 dp Paydown FN BR1668 Mtge 1,581.182.000% Due 03-01-5106-25-22 06-27-22 dp Paydown FN CA7738 MTGE 2,002.702.500% Due 11-01-5006-25-22 06-27-22 dp Paydown FNCL POOL 995373 964.124.500% Due 02-01-3906-25-22 06-27-22 dp Paydown FN POOL MA2930 1,487.224.000% Due 03-01-4706-25-22 06-27-22 dp Paydown FN MA3305 947.343.500% Due 03-01-4806-25-22 06-27-22 dp Paydown FN MA3276 374.763.500% Due 02-01-4806-25-22 06-27-22 dp Paydown FN MA4475 Mtge 898.652.500% Due 11-01-4106-25-22 06-27-22 dp Paydown FN POOL MA3638 398.454.000% Due 04-01-4906-25-22 06-27-22 dp Paydown FN MA3834 386.603.000% Due 11-01-4906-25-22 06-27-22 dp Paydown FN MA3871 408.493.000% Due 12-01-4906-25-22 06-27-22 dp Paydown FN MA3960 433.633.000% Due 03-01-5006-27-22 06-27-22 dp Interest FR SB8503 Mtge 149.872.000% Due 08-01-3506-27-22 06-27-22 dp Interest FR QA5517 83.213.000% Due 12-01-4906-27-22 06-27-22 dp Interest FR QC4235 Mtge 542.092.500% Due 07-01-5106-27-22 06-27-22 dp Interest FR RA1343 105.493.000% Due 09-01-49Page 176 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-27-22 06-27-22 dp Interest FR RB5095 MTGE 156.722.000% Due 01-01-4106-27-22 06-27-22 dp Interest FN POOL AJ1405 578.384.000% Due 09-01-4106-27-22 06-27-22 dp Interest FN POOL AT2324 255.293.000% Due 01-01-4306-27-22 06-27-22 dp Interest FN AS8483 90.103.000% Due 12-01-4606-27-22 06-27-22 dp Interest FN POOL AL3180 253.603.000% Due 05-01-4306-27-22 06-27-22 dp Interest FN POOL BD2453 164.333.000% Due 01-01-4706-27-22 06-27-22 dp Interest FANNIE MAE POOL 112.852.500% Due 05-01-5006-27-22 06-27-22 dp Interest FN BR1668 Mtge 369.802.000% Due 03-01-5106-27-22 06-27-22 dp Interest FN CA7738 MTGE 172.882.500% Due 11-01-5006-27-22 06-27-22 dp Interest FNCL POOL 995373 253.084.500% Due 02-01-3906-27-22 06-27-22 dp Interest FN POOL MA2930 169.504.000% Due 03-01-4706-27-22 06-27-22 dp Interest FN MA3305 130.943.500% Due 03-01-4806-27-22 06-27-22 dp Interest FN MA3276 70.373.500% Due 02-01-4806-27-22 06-27-22 dp Interest FN MA4475 Mtge 199.692.500% Due 11-01-4106-27-22 06-27-22 dp Interest FN POOL MA3638 45.454.000% Due 04-01-49Page 177 Alaska Permanent Capital Management Co.CASH LEDGERCITY OF KENAI PERMANENT FUNDSFrom 06-01-22 To 06-30-22Trade Settle TranDate Date Code Activity Security Amount06-27-22 06-27-22 dp Interest FN MA3834 60.543.000% Due 11-01-4906-27-22 06-27-22 dp Interest FN MA3871 65.013.000% Due 12-01-4906-27-22 06-27-22 dp Interest FN MA3960 69.263.000% Due 03-01-5006-30-22 06-30-22 dp Dividend INVESCO S&P 500 LOW VOLATILITY610.0206-30-22 06-30-22 dp Interest US TREASURY NOTES 1,031.252.750% Due 06-30-2506-30-22 Ending Balance 1,832,269.05DIVIDEND ACCRUAL06-01-22 Beginning Balance 5,337.8106-01-22 06-07-22 dp Dividend SPDR PORTFOLIO HIGH YIELD BO138.0806-01-22 06-01-22 wd Transfer to WF ADV GOVT MM FD-INSTL #1751-5,337.8106-07-22 06-07-22 wd Transfer to WF ADV GOVT MM FD-INSTL #1751-138.0806-17-22 07-29-22 dp Dividend SPDR S&P 500 ETF 23,386.5706-30-22 07-01-22 dp Dividend VANGUARD HI YLD CORP-ADM 5,345.2206-30-22 Ending Balance 28,731.79Page 178 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldSecurity Unit Total Market Accrued Annual ToCusip9 Original Face Quantity Security Symbol Cost Cost Price Value Interest Income MatAGENCIES3130AJ4B2 125,000.0000 125,000.0000 FHLB 3130AJ4B2 104.2680000 130,335.00 93.54800 116,935.00 615.02 2,031.25 3.111.625% Due 03-12-273130AJZ36 125,000.0000 125,000.0000 FEDERAL HOME LOAN BANK 3130AJZ36 99.9000000 124,875.00 92.12100 115,151.25 258.33 750.00 3.240.600% Due 08-27-25Accrued I873.35255,210.00 232,959.60 873.35 2,781.25 3.18ALTERNATIVE BETA09260C307 290,889.0190 290,889.0190 BLCKRCK SYST MULTI-STR-INST BIMBX 10.2934681 2,994,256.84 10.09000 2,935,070.20 0.0045409B107 20,844.0000 20,844.0000 IQ HEDGE MULTI-STRAT TRACKER QAI 30.6096039 638,026.58 28.69000 598,014.36 0.003,632,283.42 3,533,084.56 0.00CORPORATE BONDS035240AL4 70,000.0000 70,000.0000 ANHEUSER-BUSCH INBEV WORLDWIDE 035240AL4 114.3090000 80,016.30 98.71700 69,101.90 606.67 2,800.00 4.254.000% Due 04-13-2806051GGG8 100,000.0000 100,000.0000 BANK OF AMERICA CORP 06051GGG8 106.3080000 106,308.00 91.41400 91,414.00 1,987.01 4,443.00 5.044.443% Due 01-20-4806406FAD5 100,000.0000 100,000.0000 BANK OF NEW YORK MELLON 06406FAD5 97.8330000 97,833.00 98.94500 98,945.00 825.00 2,200.00 3.162.200% Due 08-16-23099724AL0 60,000.0000 60,000.0000 BORGWARNER INC 099724AL0 107.3380000 64,402.80 90.83900 54,503.40 795.00 1,590.00 4.732.650% Due 07-01-2714149YBD9 100,000.0000 100,000.0000 CARDINAL HEALTH 14149YBD9 111.4700000 111,470.00 90.60300 90,603.00 1,442.78 4,900.00 5.634.900% Due 09-15-4515135UAP4 70,000.0000 70,000.0000 CENOVUS ENERGY INC 15135UAP4 119.5940000 83,715.80 97.51300 68,259.10 163.33 3,675.00 5.505.250% Due 06-15-37172967KG5 100,000.0000 100,000.0000 CITIGROUP INC 172967KG5 101.6470000 101,647.00 97.98900 97,989.00 1,736.94 3,700.00 4.323.700% Due 01-12-26237194AL9 35,000.0000 35,000.0000 DARDEN RESTAURANTS INC 237194AL9 110.5880000 38,705.80 96.16600 33,658.10 224.58 1,347.50 4.753.850% Due 05-01-2729250NAR6 100,000.0000 100,000.0000 ENBRIDGE INC 29250NAR6 101.1350000 101,135.00 95.76900 95,769.00 1,706.11 3,700.00 4.653.700% Due 07-15-2729717PAT4 70,000.0000 70,000.0000 ESSEX PORTFOLIO LP 29717PAT4 111.7490000 78,224.30 95.46000 66,822.00 933.33 2,800.00 4.804.000% Due 03-01-29369550BL1 50,000.0000 50,000.0000 GENERAL DYNAMICS CORP 369550BL1 106.1200000 53,060.00 98.15200 49,076.00 437.50 1,750.00 3.933.500% Due 04-01-27437076BD3 100,000.0000 100,000.0000 HOME DEPOT INC 437076BD3 115.6270000 115,627.00 101.48600 101,486.00 1,841.67 4,875.00 4.764.875% Due 02-15-44458140BR0 100,000.0000 100,000.0000 INTEL CORP 458140BR0 113.4840000 113,484.00 97.96200 97,962.00 1,040.00 3,900.00 4.213.900% Due 03-25-3046625HJT8 100,000.0000 100,000.0000 JPMORGAN CHASE & CO 46625HJT8 105.1810000 105,181.00 100.61900 100,619.00 1,614.58 3,875.00 3.473.875% Due 02-01-24485170BE3 110,000.0000 110,000.0000 KANSAS CITY SOUTHERN 485170BE3 108.0010000 118,801.10 78.00900 85,809.90 641.67 3,850.00 4.973.500% Due 05-01-5049446RAZ2 60,000.0000 60,000.0000 KIMCO REALTY CORP 49446RAZ2 99.1690000 59,501.40 87.37100 52,422.60 672.00 1,920.00 4.843.200% Due 04-01-32500255AX2 50,000.0000 50,000.0000 KOHL'S CORPORATION 500255AX2 99.8020000 49,901.00 86.72600 43,363.00 281.25 1,687.50 5.273.375% Due 05-01-31501044DE8 100,000.0000 100,000.0000 KROGER CO 501044DE8 99.8200000 99,820.00 93.54400 93,544.00 559.44 2,650.00 4.312.650% Due 10-15-26559080AP1 110,000.0000 110,000.0000 MAGELLAN MIDSTREAM PARTN 559080AP1 109.0690000 119,975.90 78.87200 86,759.20 1,448.33 4,345.00 5.433.950% Due 03-01-50Page 179 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldSecurity Unit Total Market Accrued Annual ToCusip9 Original Face Quantity Security Symbol Cost Cost Price Value Interest Income Mat61746BDQ6 100,000.0000 100,000.0000 MORGAN STANLEY IND FINANCIAL SRV 61746BDQ6 103.7110000 103,711.00 100.12700 100,127.00 667.36 3,875.003.803.875% Due 04-29-24637417AM8 70,000.0000 70,000.0000 NATIONAL RETAIL PROP INC 637417AM8 126.0320000 88,222.40 92.20500 64,543.50 709.33 3,360.00 5.364.800% Due 10-15-4867077MAX6 75,000.0000 75,000.0000 NUTRIEN LTD 67077MAX6 99.7380000 74,803.50 85.43400 64,075.50 395.00 2,962.50 4.923.950% Due 05-13-50718546AL8 50,000.0000 50,000.0000 PHILLIPS 66 718546AL8 126.4860000 63,243.00 96.98600 48,493.00 311.46 2,437.50 5.104.875% Due 11-15-44761713BG0 100,000.0000 100,000.0000 REYNOLDS AMERICAN INC 761713BG0 108.4670000 108,467.00 99.39800 99,398.00 234.86 4,450.00 4.674.450% Due 06-12-25871829BH9 100,000.0000 100,000.0000 Sysco Corporation 871829BH9 120.5360000 120,536.00 87.78200 87,782.00 1,310.28 4,450.00 5.334.450% Due 03-15-4887971MBK8 50,000.0000 50,000.0000 TELUS CORP 87971MBK8 121.5242000 60,762.10 89.19500 44,597.50 95.56 2,150.00 5.044.300% Due 06-15-4994974BGA2 100,000.0000 100,000.0000 WELLS FARGO & COMPANY 94974BGA2 99.8820000 99,882.00 98.65800 98,658.00 1,026.67 3,300.00 3.943.300% Due 09-09-24Accrued I23,707.722,418,436.40 2,109,488.42 23,707.72 86,993.00 4.61DOMESTIC MID CAP EQUITY FUNDS/ETF464287507 12,431.0000 12,431.0000 ISHARES CORE S&P MIDCAP 400 ETF IJH 117.9269834 1,465,950.33 226.23000 2,812,265.13 0.00EMERGING MARKET FUNDS/ETF46434G103 29,771.0000 29,771.0000 ISHARES ETF CORE MSCI EMERGING MKTS IEMG 53.5819522 1,595,188.30 49.06000 1,460,565.26 0.00FNMA & FHLMC3128MC3L7 256,397.0000 5,474.8300 FHLMC POOL G14203 3128MC3L7 104.5625013 5,724.62 101.20300 5,540.69 18.25 218.99 2.894.000% Due 04-01-263128MFE46 190,000.0000 66,879.0100 FG POOL G16255 3128MFE46 99.7031229 66,680.46 98.17200 65,656.46 139.33 1,671.98 3.212.500% Due 07-01-323128MJYU8 477,000.0000 87,000.5600 FG POOL G08722 3128MJYU8 102.0859375 88,815.34 98.24000 85,469.35 253.75 3,045.02 3.883.500% Due 09-01-463128P7MT7 2,000,000.0000 57,711.2200 FG POOL C91270 3128P7MT7 105.6718768 60,984.53 101.32000 58,473.01 216.42 2,597.00 3.214.500% Due 10-01-2931307LNS3 301,000.0000 61,806.9200 FG POOL J30401 31307LNS3 101.2968751 62,608.48 99.57800 61,546.09 154.52 1,854.21 3.253.000% Due 01-01-303132D6NU0 125,000.0000 88,664.6250 FR SB8503 Mtge 3132D6NU0 102.8125036 91,158.32 93.51200 82,912.06 29.55 1,773.29 3.412.000% Due 08-01-353132L5B28 450,000.0000 155,751.9300 FG POOL V80057 3132L5B28 100.2343760 156,116.98 95.63000 148,945.57 389.38 4,672.56 3.813.000% Due 05-01-4331335CC69 150,000.0000 49,704.4300 FG G61893 31335CC69 101.1406257 50,271.37 94.73000 47,085.01 124.26 1,491.13 3.843.000% Due 07-01-473133A0DW1 100,000.0000 32,106.5900 FR QA5517 3133A0DW1 102.3124969 32,849.05 93.39700 29,986.59 80.27 963.20 3.903.000% Due 12-01-493133ANV43 300,000.0000259,741.2040 FR QC4235 Mtge 3133ANV43 102.3125005 265,747.72 90.06900 233,946.31108.23 6,493.53 3.822.500% Due 07-01-513133KGP44 100,000.0000 41,278.8700 FR RA1343 3133KGP44 104.6875014 43,213.82 93.68400 38,671.70 103.20 1,238.37 3.903.000% Due 09-01-493133KYUU1 115,000.0000 93,143.2200 FR RB5095 MTGE 3133KYUU1 103.8359391 96,716.14 89.39600 83,266.3131.05 1,862.86 3.782.000% Due 01-01-413138ASR38 1,500,000.0000 169,037.8100 FN POOL AJ1405 3138ASR38 104.4843747 176,618.10 100.89900 170,557.46 563.46 6,761.51 3.764.000% Due 09-01-41Page 180 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldSecurity Unit Total Market Accrued Annual ToCusip9 Original Face Quantity Security Symbol Cost Cost Price Value Interest Income Mat3138EKRA5 374,582.0000 100,670.0900 FN POOL AT2324 3138EKRA5 100.2031256 100,874.58 95.59000 96,230.54 50.34 3,020.10 3.813.000% Due 01-01-433138WJM96 125,000.0000 35,618.1100 FN AS8483 3138WJM96 102.9531257 36,669.96 95.04600 33,853.59 89.05 1,068.54 3.843.000% Due 12-01-463138WPSN5 335,507.0000 99,041.2500 FN POOL AL3180 3138WPSN5 100.2031251 99,242.43 95.52800 94,612.13 247.60 2,971.24 3.813.000% Due 05-01-433140F9WP6 139,000.0000 64,893.8300 FN POOL BD2453 3140F9WP6 99.8906252 64,822.85 94.64400 61,418.12 162.23 1,946.81 3.843.000% Due 01-01-473140KESQ2 100,000.0000 54,028.6500 FANNIE MAE POOL 3140KESQ2 104.9843782 56,721.64 90.70000 49,003.99 112.56 1,350.72 3.842.500% Due 05-01-503140KY2A1 250,000.0000 220,296.5000 FN BR1668 Mtge 3140KY2A1 99.5351561 219,272.47 87.19900 192,096.35 73.43 4,405.93 3.712.000% Due 03-01-513140QFS42 115,000.0000 80,978.9700 FN CA7738 MTGE 3140QFS42 105.6406228 85,546.69 90.10800 72,968.53 168.71 2,024.47 3.842.500% Due 11-01-503140QL6V3 75,000.0000 72,030.7300 FANNIE MAE POOL CB1783 3140QL6V3 92.1250000 66,358.31 90.10500 64,903.29 150.06 1,800.77 3.822.500% Due 10-01-513140XF4G3 40,000.0000 39,250.4600 FANNIE MAE POOL FS0822 3140XF4G3 88.6093819 34,779.59 86.89600 34,107.08 65.42 785.01 3.712.000% Due 03-01-5231416BXA1 4,000,000.0000 66,525.1200 FNCL POOL 995373 31416BXA1 106.7187814 70,994.80 103.20000 68,653.92 249.47 2,993.63 3.744.500% Due 02-01-3931418CHG2 148,000.0000 49,362.7100 FN POOL MA2930 31418CHG2 103.5624999 51,121.26 100.47800 49,598.66 164.54 1,974.51 3.974.000% Due 03-01-4731418CU77 225,000.0000 43,946.2800 FN MA3305 31418CU77 103.0156271 45,271.54 97.73000 42,948.70 128.18 1,538.12 3.883.500% Due 03-01-4831418CUA0 125,000.0000 23,750.4300 FN MA3276 31418CUA0 105.7500009 25,116.08 97.76200 23,218.90 69.27 831.27 3.883.500% Due 02-01-4831418D6M9 100,000.0000 94,950.1600 FN MA4475 Mtge 31418D6M9 103.5781300 98,347.60 92.03400 87,386.43 39.56 2,373.75 3.892.500% Due 11-01-4131418DBG6 101,000.0000 13,236.8800 FN POOL MA3638 31418DBG6 103.0937556 13,646.40 100.04200 13,242.44 44.12 529.48 4.054.000% Due 04-01-4931418DHL9 100,000.0000 23,830.5000 FN MA3834 31418DHL9 101.8984379 24,282.91 93.32900 22,240.77 59.58 714.91 3.903.000% Due 11-01-4931418DJR4 100,000.0000 25,596.1900 FN MA3871 31418DJR4 101.9062543 26,084.12 93.21100 23,858.46 63.99 767.89 3.903.000% Due 12-01-4931418DMJ8 100,000.0000 27,270.3900 FN MA3960 31418DMJ8 102.3125021 27,901.02 93.26600 25,434.00 68.18 818.11 3.933.000% Due 03-01-50Accrued I4,217.942,344,559.14 2,172,050.44 4,217.94 66,558.92 3.75HIGH YIELD FIXED INCOME78468R606 1,189.0000 1,189.0000 SPDR PORTFOLIO HIGH YIELD BO SPHY 25.1859966 29,946.15 22.45000 26,693.05 0.00922031760 233,921.0590 233,921.0590 VANGUARD HI YLD CORP-ADM VWEAX 5.6000000 1,309,957.93 5.09000 1,190,658.19 0.001,339,904.08 1,217,351.24 0.00INTERNATIONAL EQUITY FUNDS/ETF46429B689 2,314.0000 2,314.0000 ISHARES EDGE MSCI MIN VOL EAFE ETF EFAV 72.7548024 168,354.61 63.31000 146,499.34 0.0046432F842 26,356.0000 26,356.0000 ISHARES ETF CORE MSCI EAFE IEFA 66.4577359 1,751,560.09 58.85000 1,551,050.60 0.0046434V456 18,065.0000 18,065.0000 ISHARES MSCI INTERNATIONAL QUALITY IQLT 37.3352003 674,460.39 30.93000 558,750.45 0.002,594,375.09 2,256,300.39 0.00DOMESTIC LARGE CAP EQUITY FUNDS/ETF46138E354 5,407.0000 5,407.0000 INVESCO S&P 500 LOW VOLATILITY SPLV 65.7013168 355,247.02 62.00000 335,234.00 0.0078462F103 14,831.0000 14,831.0000 SPDR S&P 500 ETF SPY 214.6094282 3,182,872.43 377.25000 5,594,994.75 0.00Page 181 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldSecurity Unit Total Market Accrued Annual ToCusip9 Original Face Quantity Security Symbol Cost Cost Price Value Interest Income Mat92189F643 8,926.0000 8,926.0000 VANECK MORNINGSTAR WIDE MOAT MOAT 75.7057998 675,749.97 63.73000 568,853.98 0.004,213,869.42 6,499,082.73 0.00REAL ESTATE & INFRASTRUCTURE33939L795 28,738.0000 28,738.0000 FLEXSHAR STX GLOBAL BROAD INF ETF NFRA 52.3361792 1,504,037.12 51.68000 1,485,179.84 0.0046641Q738 6,190.0000 6,190.0000 JPMORGAN BETABUILDERS MSCI US REIT ETF BBRE 81.4969709 504,466.25 87.83000 543,667.70 0.002,008,503.37 2,028,847.54 0.00DOMESTIC SMALL CAP EQUITY FUNDS/ETF464287804 15,398.0000 15,398.0000 ISHARES S&P SMALLCAP 600 INDEX ETF IJR 56.1569547 864,704.79 92.41000 1,422,929.18 0.00U.S. TREASURY 912810QK7 85,000.0000 85,000.0000 US TREASURY NOTES 912810QK7 127.1118054 108,045.03 107.81600 91,643.60 1,237.43 3,293.75 3.303.875% Due 08-15-40912810QX9 25,000.0000 25,000.0000 US TREASURY NOTES 912810QX9 110.8632800 27,715.82 89.72300 22,430.75 258.29 687.50 3.462.750% Due 08-15-42912810QZ4 25,000.0000 25,000.0000 US TREASURY NOTES 912810QZ4 97.1328000 24,283.20 95.01200 23,753.00 293.51 781.25 3.473.125% Due 02-15-43912810SH2 45,000.0000 45,000.0000 US TREASURY NOTES 912810SH2 102.9814450 46,341.65 93.23800 41,957.10 165.23 1,293.75 3.252.875% Due 05-15-49912810SN9 15,000.0000 15,000.0000 US TREASURY NOTES 912810SN9 100.7382667 15,110.74 63.62500 9,543.75 23.95 187.50 3.241.250% Due 05-15-50912810SS8 75,000.0000 75,000.0000 US TREASURY NOTES 912810SS8 96.6375652 72,478.17 70.33200 52,749.00 155.66 1,218.75 3.231.625% Due 11-15-50912810SZ2 50,000.0000 50,000.0000 US TREASURY NOTES 912810SZ2 100.8789000 50,439.45 77.28500 38,642.50 375.69 1,000.00 3.212.000% Due 08-15-51912810TA6 75,000.0000 75,000.0000 US TREASURY NOTES 912810TA6 96.4218800 72,316.41 76.06600 57,049.50 493.09 1,312.50 3.471.750% Due 08-15-41912810TB4 15,000.0000 15,000.0000 US TREASURY NOTE 912810TB4 95.2578000 14,288.67 75.03100 11,254.65 35.92 281.25 3.191.875% Due 11-15-51912810TD0 20,000.0000 20,000.0000 US TREASURY NOTE 912810TD0 83.9726500 16,794.53 82.29700 16,459.40 169.06 450.00 3.182.250% Due 02-15-529128285C0 115,000.0000 115,000.0000 US TREASURY NOTE 9128285C0 100.9882783 116,136.52 99.85600 114,834.40 867.21 3,450.00 3.053.000% Due 09-30-259128285M8 100,000.0000 100,000.0000 US TREASURY NOTES 9128285M8 102.3802100 102,380.21 100.20700 100,207.00 399.12 3,125.00 3.093.125% Due 11-15-289128286B1 20,000.0000 20,000.0000 US TREASURY NOTES 9128286B1 101.7412706 20,348.25 97.36300 19,472.60 197.24 525.00 3.072.625% Due 02-15-29912828R36 75,000.0000 75,000.0000 US TREASURY NOTES 912828R36 95.6347089 71,726.03 94.77000 71,077.50 155.66 1,218.75 3.071.625% Due 05-15-26912828T91 100,000.0000 100,000.0000 US TREASURY NOTES 912828T91 99.4062533 99,406.25 98.27000 98,270.00 273.78 1,625.00 2.961.625% Due 10-31-23912828XZ8 75,000.0000 75,000.0000 US TREASURY NOTES 912828XZ8 99.7070333 74,780.27 99.22300 74,417.25 5.60 2,062.50 3.022.750% Due 06-30-25912828YS3 105,000.0000 105,000.0000 US TREASURY NOTES 912828YS3 93.7148476 98,400.59 91.76200 96,350.10 234.68 1,837.50 3.001.750% Due 11-15-29912828YV6 170,000.0000 170,000.0000 US TREASURY NOTES 912828YV6 102.2773412 173,871.48 96.46500 163,990.50 215.98 2,550.00 3.031.500% Due 11-30-24912828ZQ6 10,000.0000 10,000.0000 US TREASURY NOTES 912828ZQ6 100.7930000 10,079.30 83.38300 8,338.30 7.98 62.50 3.010.625% Due 05-15-30912828ZY9 20,000.0000 20,000.0000 US TREASURY NOTES 912828ZY9 99.9961000 19,999.22 97.12100 19,424.20 11.53 25.00 2.950.125% Due 07-15-23Page 182 Alaska Permanent Capital Management Co.PORTFOLIO APPRAISALCITY OF KENAI PERMANENT FUNDSJune 30, 2022YieldSecurity Unit Total Market Accrued Annual ToCusip9 Original Face Quantity Security Symbol Cost Cost Price Value Interest Income Mat91282CAB7 120,000.0000 120,000.0000 US TREASURY NOTES 91282CAB7 96.6608083 115,992.97 91.81600 110,179.20 125.14 300.00 3.050.250% Due 07-31-2591282CAC5 30,000.0000 30,000.0000 US TREASURY NOTES 91282CAC5 100.0195400 30,005.86 99.91700 29,975.10 15.64 37.50 1.090.125% Due 07-31-2291282CAD3 50,000.0000 50,000.0000 US TREASURY NOTES 91282CAD3 95.4938500 47,746.92 87.41800 43,709.00 78.21 187.50 3.070.375% Due 07-31-2791282CAE1 20,000.0000 20,000.0000 US TREASURY NOTE 91282CAE1 99.7265615 19,945.31 82.90600 16,581.20 46.96 125.00 3.010.625% Due 08-15-3091282CAK7 100,000.0000 100,000.0000 US TREASURY NOTES 91282CAK7 99.4843778 99,484.38 96.64500 96,645.00 36.68 125.00 2.970.125% Due 09-15-2391282CAP6 90,000.0000 90,000.0000 US TREASURY NOTE 91282CAP6 99.7539053 89,778.51 96.40600 86,765.40 23.67 112.50 2.980.125% Due 10-15-2391282CAV3 125,000.0000 125,000.0000 US TREASURY NOTES 91282CAV3 97.6367200 122,045.90 84.43400 105,542.50 139.69 1,093.75 2.990.875% Due 11-15-3091282CAW1 115,000.0000 115,000.0000 US TREASURY NOTES 91282CAW1 96.7617217 111,275.98 96.36700 110,822.05 36.72 287.50 2.970.250% Due 11-15-2391282CAZ4 100,000.0000 100,000.0000 US TREASURY NOTES 91282CAZ4 95.7968765 95,796.88 91.33600 91,336.00 31.76 375.00 3.060.375% Due 11-30-2591282CBL4 140,000.0000 140,000.0000 US TREASURY NOTE 91282CBL4 99.3158616 139,042.21 85.93000 120,302.00 591.71 1,575.00 2.991.125% Due 02-15-3191282CBP5 100,000.0000 100,000.0000 US TREASURY NOTES 91282CBP5 96.5976600 96,597.66 89.91400 89,914.00 376.02 1,125.00 3.081.125% Due 02-29-2891282CBS9 100,000.0000 100,000.0000 US TREASURY NOTES 91282CBS9 99.5898400 99,589.84 90.34400 90,344.00 315.90 1,250.00 3.101.250% Due 03-31-2891282CBV2 100,000.0000 100,000.0000 US TREASURY NOTES 91282CBV2 99.5273450 99,527.34 95.46100 95,461.00 78.89 375.00 2.990.375% Due 04-15-2491282CBX8 75,000.0000 75,000.0000 US TREASURY NOTES 91282CBX8 98.1835933 73,637.69 97.75000 73,312.50 15.79 93.75 2.870.125% Due 04-30-2391282CBZ3 70,000.0000 70,000.0000 US TREASURY NOTES 91282CBZ3 97.8320286 68,482.42 90.19900 63,139.30 147.42 875.00 3.101.250% Due 04-30-2891282CCB5 125,000.0000 125,000.0000 US TREASURY NOTES 91282CCB5 100.8906240 126,113.28 89.35200 111,690.00 259.43 2,031.25 3.001.625% Due 05-15-3191282CCC3 100,000.0000 100,000.0000 US TREASURY NOTES 91282CCC3 99.8554667 99,855.47 95.04300 95,043.00 31.93 250.00 2.990.250% Due 05-15-2491282CDV0 95,000.0000 95,000.0000 US TREASURY NOTE 91282CDV0 98.6484421 93,716.02 96.76600 91,927.70 346.74 831.25 2.980.875% Due 01-31-2491282CDY4 35,000.0000 35,000.0000 US TREASURY NOTES 91282CDY4 90.9414000 31,829.49 90.59400 31,707.90 246.55 656.25 3.011.875% Due 02-15-32Accrued I8,521.472,895,405.95 2,694,783.42 8,521.47 38,693.75 3.03CASH AND CASH EQUIVILENTSDIVIDEND ACCRUAL divacc 28,731.79 28,731.79 0.00VP4560000 WF ADV GOVT MM FD-INSTL #1751 WFAGM 1,832,269.05 1,832,269.05 0.001,861,000.84 1,861,000.84 0.00TOTAL PORTFOLIO27,489,391.13 30,300,708.75 37,320.48 195,026.92 0.88Page 183 PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW COUNCIL MEETING OF: AUGUST 17, 2022 VENDOR KENAI HISTORICAL SOCIETY HDL ENGINEERING ALL SECURITY EQUIPMENT KENAI PENINSULA BOROUGH AMAZON DESCRIPTION DEPT. HISTORIC CABIN DOCENT LEGISLATIVE KENAI AIRPORT ENGINEERING SERVICES AIRPORT INDUSTRIAL SLIDE GATE AIRPORT TYLER TECHNOLOGY STATION ALERTING FIRE ENVIRONMENTAL MONITORING EQUIP. NON-DEPARTMENTAL SUPERIOR ELECTRIC MOTOR SERVICE CIRCULATION MOTOR REPAIR RECREATION SHOP AMERICAN BUREAU OF CRANE INSP. CRANE INSPECTIONS ACCOUNT GRANTS TO AGENCIES PROFESSIONAL SERVICES OPERATING SUPPLIES PROFESSIONAL SERVICES SMALL TOOLS REPAIR & MAINTENANCE REPAIR & MAINTENANCE FOSTER CONSTRUCTION CROWLEY TOPSOIL LIBRARY/MUNICIPAL PARK CONSTRUCTION FLOAT PLANE FUEL AIRPORT OPERATING SUPPLIES AMOUNT 4,000.00 13,000.00 3,377.83 4,209.59 2,685.06 3,285.25 2,927.00 5,000.00 7,270.00 Page 184 Kenai City Council - Regular Meeting Page 1 of 3 August 17, 2022 Kenai City Council - Regular Meeting August 17, 2022 ꟷ 6:00 PM Kenai City Council Chambers 210 Fidalgo Avenue, Kenai, Alaska **Telephonic/Virtual Information on Page 3** 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. "Introduction to Executive Director" Peter Evon, Executive Director of the Kenaitze Indian Tribe. C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ENACTED WITHOUT OBJECTION. Ordinance No. 3300-2022 - Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget– Police Department and Accepting Grants from the United States Department of Justice and Alaska Municipal League Joint Insurance Association (AMLJIA) for the Purchase of Ballistic Vests. (Administration) 2. ENACTED WITHOUT OBJECTION. Ordinance No. 3301-2022 - Increasing Estimated Revenues and Appropriations in the General Fund FY22 Budget – Police Department and Accepting a Grant from the Alaska High Intensity Drug Trafficking Area (AK HIDTA) for Drug Investigation Overtime Expenditures. (Administration) 3. ENACTED WITHOUT OBJECTION. Ordinance No. 3302-2022 - Increasing Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and Wastewater Treatment Plant Improvements Capital Project Fund and Authorizing a Construction Agreement and Purchase Order for the Sludge Press Replacement Project. (Administration) 4. ENACTED WITHOUT OBJECTION. Ordinance No. 3303-2022 - Increasing Estimated Revenues and Appropriations in the Water Sewer Special Revenue Fund for Operational Chemical Costs in Excess of Budgeted Amounts. (Administration) Kenai City Council - Regular Meeting Page 2 of 3 August 17, 2022 5. ADOPTED WITHOUT OBJECTION. Resolution No. 2022-61 - Authorizing the City Manager to Extend the Restaurant Concession Agreement in the Kenai Municipal Airport for an Additional Year. (Administration) E. MINUTES 1. *Special Meeting of July 26, 2022. (City Clerk) 2. *Regular Meeting of August 3, 2022. (City Clerk) F. UNFINISHED BUSINESS 1. ENACTED WITHOUT OBJECTION AS AMENDED BY SUBSTITUTE. Ordinance No. 3298- 2022 - Enacting Kenai Municipal Code Chapter 14.30 - Floodplain Management, within Title 14 - Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. (Administration) [Clerk's Note: At the Meeting of August 3, 2022 this Ordinance was Postponed to this Meeting; a Motion to Enact is on the Floor.] • Substitute Ordinance No. 3298-2022 - Enacting Kenai Municipal Code Chapter 14.30- Floodplain Management, Within Title 14-Planning and Zoning, to Regulate Land Use within the Flood Plain and Authorizing the City to Participate in the National Flood Insurance Program. (Administration) G. NEW BUSINESS 1. *Action/Approval - Bills to be Ratified. (Administration) 2. *Ordinance No. 3304-2022 - Increasing Estimated Revenues and Appropriations in the Airport Special Revenue and Airport Improvements Capital Project Funds for Kenai Municipal Airport Disadvantage Business Enterprise Program Updates. (Administration) 3. *Ordinance No. 3305-2022 - Conditionally Granting Certain Foreclosed City-Owned Properties Described as Lots 8 & 11, Block 9 and Lot 4, Block 10, Mommsen’s Replat of Additions No. 1 & 2 (Parcel Numbers 03910211, 03910208 and 03910304) to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. (Administration) 4. APPROVED WITHOUT OBJECTION. Action/Approval - Purchase Orders Over $15,000. (Administration) H. COMMISSION / COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Parks and Recreation Commission 5. Planning and Zoning Commission 6. Beautification Committee 7. Mini Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS Kenai City Council - Regular Meeting Page 3 of 3 August 17, 2022 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comments 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 OR https://us02web.zoom.us/j/89147261394 Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 891 4726 1394 Passcode: 407724 Meeting ID: 891 4726 1394 Passcode: 407724