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HomeMy WebLinkAbout09132010 City Council Packet Seward City Council Agenda Packet September 13, 2010 City Council Chambers Beginning at 7 :00 p.m. 1963 1965 2005 The City of Seward, Alaska kittzt CITY COUNCIL MEETING AGENDA 4y °F 9. u 11110, 1 IIII =Q {Please silence all cellular phones and pagers during the meeting} 9 <„ September 13, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak. Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. Welcome Firefighters Proclamation 9/27 -10/2 P 3 Vanta Shafer 2. Parks & Recreation Conference Welcome 9/22 -9/25 . .Pg. 4 Council Member 3. Sea Otter Awareness Week p 6 Term Expires 2011 4. National Direct Support Professionals Recognition Week...Pg.7 5. National Recovery Month p 8 Marianna Keil 6. Active Aging Week p 9 Council Member Term Expires 2010 B. Borough Assembly Report C. City Manager's Report Linda Amberg D. City Attorney Report Council Member E. Mayor Report Term Expires 2010 F. Other Reports and Presentations 1. ALPAR and Automated Parking Report by Karin Sturdy. 2. Senior Citizen Center Program and Renovation update by Dana Phillip Oates Paperman City Manager 7. PUBLIC HEARINGS Jean Lewis A. Resolution 2010 -078, Authorizing The City Manager To Enter Into City Clerk An Amendment To The Lease Agreement 75 -055 With The United States Of America For Lot 2, Block 6, Marina Subdivision, Seward Cheryl Brooking Small Boat Harbor, For The Purpose Of Extending The Term Of The City Attorney Lease To September 30, 2011 Pg. 10 8. UNFINISHED BUSINESS — None City of Seward, Alaska Council Agenda September 13, 2010 Page 1 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2010 -002, Repealing And Re- Enacting Seward City Code Chapter 7.10, Harbor & Port Facilities Pg. 17 B. Resolutions *1. Resolution 2010 -079, Electing To Participate In The AML /JIA Loss Control Incentive Program For The City Of Seward . Pg. 50 *2. Resolution 2010 -080, Authorizing The City Manager To Enter Into A Contract With Service Electric, Inc. For A Total Project Amount Not To Exceed $345,300 To Design And Implement A Security Camera System Pg. 52 *3. Resolution 2010 -081, Transferring Library Property Rental Income To The Library Museum Project In The Amount Of $26,079.79 And Appropriating Funds Pg. 65 4. Resolution 2010 -083, Establishing A Repayment Schedule For The General Fund To Repay The Electric Enterprise Fund $1,889,765 In Contributions Made Since 1996 For Hospital And SMIC Shortfalls, And Appropriating 2011 Revenue Sharing Funds In The Amount Of $226,846 Toward Repayment ....Pg. 70 C. Other New Business Items *1. Approval Of The August 23, 2010 City Council Regular Meeting Minutes Pg. 74 2. Schedule a public meeting on the Economic Development Study .Pg. 78 3. Schedule a work session for the future, on fish enhancement and research. 4. Schedule a work session on the memorandum of understanding for the Library/Museum. 5. Discussion and ideas on city support for the Civil Air Patrol Pg. 80 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Thank you letter from the Ocean Research & Resources Advisory Panel . Pg. 81 B. Thank you letter from AML /JIA . Pg. 82 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT Nod City of Seward, Alaska Council Agenda September 13, 2010 Page 2 PROCLAMATION WHEREAS, The 2010 Fire Conference for the Alaska State Firefighters Association and the Alaska Fire Chiefs Association is being held in Seward for the first time; and WHEREAS, The fire departments of Seward, Bear Creek and Moose Pass have formed an Alaska State Firefighter Association Chapter called the Phoenix Chapter to host the 2010 Fire Conference; and WHEREAS, The Fire Conference is where fire personnel from across the State of Alaska come to train and discuss issues that affect their communities; and WHEREAS, The men and women of Alaska's Fire Service have shown dedication to the protection of property, value of life and the education of the citizens in their communities and to the State of Alaska; and WHEREAS, The Alaska State Firefighters Association and the Alaska Fire Chiefs Association has ongoing goals and mission statements to continue to improve the fire service throughout the State. NOW THEREFORE, I, Willard 1. Dunham, Mayor of the City of Seward, r Alaska, do hereby welcome the members of the Alaska State Firefighters Association and the Alaska Fire Chiefs Association to our community and wish them an informative and productive conference. Dated this 13 Day of September, 2010 Mayor Willard E. Dunham ` eiN *403 Li - _ 3 WELCOME ALASKA RECREATION AND PARK ASSOCIATION WHEREAS, the Alaska Recreation and Park Association [ARPA] was formed 35 years ago ta provide support to agencies, institutions, businesses, organizations and individuals who provide or advocate for parks, recreation and wildland programs; and WHEREAS, ARPA's mission is pursued by: providing a forum of ideas and information; promoting the personal, environmental, social and economic benefits of parks and recreation; coordinating, organizing and promoting quality education programs; and preparing and providing educational information relating to parks, recreation and wildlands; and WHEREAS, This year's annual education conference will serve professionals and volunteers from the following ARPA Sections: Aquatics, Wildlands, Recreation Services, Park Maintenance, Therapeutic and Adaptive, and Boards & Commissions. A special education tract for Senior Citizens' services has also been prepared; and WHEREAS, Co -hosts with Seward Parks & Recreation are: Seward Independent Living Center, AVTEC, Kenai Fjords National Park Service, US Forest Service Seward Ranger District, SeaView Community Services, Kenai Peninsula Borough School District, Seward Senior Citizens Center, and Providence Seward Medical Center; and WHEREAS, Many Seward professionals are lending specific expertise to the educations session including a keynote address by Doug Capra, writer, educator and interpreter; and WHEREAS, The AVTEC Gym will serve as an Exposition venue for businesses or non - profit agencies which directly serve ARPA members. NOW, THEREFORE, BE IT RESOLVED THAT SEPTEMBER 22 - 25 HAS BEEN DESIGNATED AS ALASKA RECREATION AND PARKS WEEK by the City of Seward; and BE IT FURTHER RESOLVED THAT all citizens of this great city join in this statewide gathering promoting the advancement of all parks and programs and bringing recognition to the benefits derived from quality public recreation and park resources. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of September, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor `" L, Agenda Statement Meeting Date: September 13, 2010 144of stir From: Karin Sturdy, Parks & Recreation Director u 1° a Through: Phillip Oates, City Manager 1tq - Agenda Item: Welcome Alaska Recreation & Park Association 35 years ago around a small, wooden table in the downtown Anchorage pub, the Woodshed, a group of dedicated professionals talked about the missing resources in Alaska for continuing the important work of parks and recreation. Out in the Lower 48, these people had known strong state associations to provide education, networking, training and resource sharing. They knew if an association were to form THEY were the core group. They toasted the Alaska Recreation & Park Association, rolled up their sleeves, doled out the roles and started building. The ARPA is an affiliate of National Recreation & Park Association. ARPA's mission is to provide support to agencies, institutions, businesses, organizations and individuals who provide or advocate for parks, recreation and wildland programs. The mission is pursued by: providing a forum of ideas and information; promoting the personal, environmental, social and economic benefits of parks and recreation; coordinating, organizing and promoting quality education thirl programs; and preparing and providing educational information relating to parks, recreation and wildlands. This year's annual education conference will serve professionals and volunteers from the following ARPA Sections: Aquatics, Wildlands, Recreation Services, Park Maintenance, Therapeutic and Adaptive, and Boards & Commissions. A special education tract for Senior Citizens' services has also been prepared. The following partners have worked with the Seward Parks & Recreation Department to welcome the participants, instructors and private companies: Seward Independent Living Center, AVTEC, National Park Service, US Forest Service Seward Ranger District, SeaView Community Services, Kenai Peninsula Borough School District, Seward Senior Citizens Center and Providence Seward Medical Center. In addition to classroom time, these professionals will be out on local trails, visiting local, state and national parks, touring recreation areas and treated to after hours events. The organizers planned the conference to conclude coinciding with the opening of the Seward Music & Arts Festival so that conferees may stay for the whole weekend. L Seward Parks & Recreation: Mountains of Recreation Giving 110% in 2010! 5 PROCLAMATION WHEREAS, the sea otter is a symbol of wilderness, an int part of Alas natural ecosystem, and serves as an indicator for the overall health of Alaska's near shore marine ecosystem; and WHEREAS, a growing awareness of the benefits of maintaining the health of the near shore marine ecosystem has raised public interest in the sea otter; and WHEREAS, disease from a variety of sources, including land -based biological pathogens, accounts for mortality for sea otters in a given year; and WHEREAS, the survival of the sea otter in Alaska remains dependent upon continued public support and increased understanding of the essential role sea otters play in nature; and WHEREAS the Alaska Sealife Center is dedicated to the research and preservation of sea otters and has participated in Sea Otter Awareness Week for many years; and WHEREAS, every year, the organization Defenders of Wildlife promotes Sea Otter Awareness Week to teach people about the integral role that sea otters play in the near shore marine ecosystem and to promote research and conservation programs; and WHEREAS, this proclamation will be sent to Defenders of Wildlife to show Seward's support for Sea Otter Awareness. NOW, THEREFORE 1, Willard E. Dunham, Mayor of the City of Seward, on behalf of the City Council and citizens, from this day forward, hereby proclaims the last week of September, 2010 to be: SEA OTTER AWARENESS WEEK in Seward, Alaska, and commend this observance to the people of this city. Dated this 11 day of September, 2010. .01 r ■ ..111.1161141116t Willard E. Dunham, Mayor 7'2?OCL flL2JIL4 WHEREAS, direct support workers, direct care, personal assistants, personal attendants, in -home support workers, and paraprofessionals are the primary providers of publicity funded long term support and services for millions of individuals; and WHEREAS a direct support professional must build a close, trusted relationship with an individual with disabilities; and WHEREAS, a direct support professional assists an individual with disabilities with the most intimate needs, providing a broad range of supports, including preparation of meals; helping with medications, bathing; dressing, mobility, getting to school, work, religious and recreation activities; and general daily affairs; and WHEREAS, a direct support professional provides essential support to help keep an individual with disabilities connected to the family and community of their choice, and enables individuals to live meaningful, productive lives; and WHEREAS, direct support professionals work and pay taxes, but remain impoverished and are eligible for the same federal and state public assistance programs on which the individuals with disabilities served by the direct support professionals must depend; and WHEREAS, federal and state policies, as well as the Supreme Court, in Olmstead v. 527 U.S. 581 (1999), assert the right of an individual to live in the home and community of the individual NOW, THEREFORE, I, Willard E. Dunham Mayor of Seward Alaska, do hereby proclaim September 12 — 19, 2010 "DIRECT SUPPORT PROFESSIONAL RECOGNITION WEEK" in the State of Alaska, and invite all citizens to duly note this occasion. Dated this 13th day of September, 2010. Willard E. Dunham, Mayor ‘44 7 2010 RECOVERY MONTH PROCLAMATION WHEREAS, substance use disorders affect people of every age, race, gender, ethnicity, community, and socio- economic status; and WHEREAS, substance use disorders impact an estimated 28,000 Alaskan individuals and families; and WHEREAS, substance use disorders are a serious health problem that can cause physical, emotional, and mental instability in lives of individuals, families, friends, and community; and WHEREAS, substance use disorders can be triggered by both internal and external circumstances, such as stress, trauma or life changes; and WHEREAS, large numbers of veterans are returning to civilian life with developing mental health and substance use disorders; and WHEREAS, recovery from substance use disorders is possible; and WHEREAS, individualized treatment and community support increases the likelihood of successful recovery, resulting in more productive and fulfilling lives for individuals and families who have experienced the effects of addiction; WHEREAS, real stories of long -term recovery can inspire others to ask for help and improve their lives, and the lives of their friends and families; and WHEREAS, raising community awareness that substance use disorders are serious, but treatable, helps build community support for programs that treat addictions, and is essential for clarifying misconceptions about addiction; and WHEREAS, to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy, and City of Seward, invite all residents to participate in National Alcohol and Drug Addiction Recovery Month. THEREFORE NOW, I, Mayor Willard E. Dunham, do hereby proclaim September 2010 as Alcohol and Drug Addiction Recovery Month and call upon the people of Seward to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, 'Join the Voices for Recovery: Now More Than Ever." Dated Mayor Willard E. Dunham 8 PROCLAMATION WHEREAS, Active Aging Week is an annual health promotion event for older adults, their families and friends and allows the participants to experience activities and exercise in a safe, friendly and fun atmosphere; and WHEREAS, the key messages of Active Aging Week encourage seniors to choose an active life to stay mentally and physically healthy as they age; and WHEREAS, there are more than 400 adults 60 years and older living in the eastern Kenai Peninsula, and it is in the best interest of each individual and of the city to help all seniors stay as healthy and independent as possible; and WHEREAS, the Seward Senior Center has committed to providing quality services to seniors, including health promotional activities, transportation, nutrition and leisure services, and Active Aging Week events, including community walks, foot care, Doctor lectures, Wii Bowling, Brain teasers, Stretch and Strengthen, Line Dancing, Sing a longs, crafting sessions, support the city's efforts; and WHEREAS, older adults who are physically and mentally healthy contribute to the city as volunteers, mentors and role models; and WHEREAS, Active Aging Week supports the city's aging population; now across the city by private and government organizations working together for the mutual goal of improving the health and well -being of the city's older citizens. BE IT SO RESOLVED that I, Mayor Willard Dunham of Seward, Alaska, proclaim the last week of September as, ACTIVE AGING WEEK and encourage all citizens to recognize the value of active aging for older adults and participate in that week's events. Date Mayor Willard E. Dunham Seward, Alaska 9 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE LEASE AGREEMENT 75 -055 WITH THE UNITED STATES OF AMERICA FOR LOT 2, BLOCK 6, MARINA SUBDIVISION, SEWARD SMALL BOAT HARBOR, FOR THE PURPOSE OF EXTENDING THE TERM OF THE LEASE TO SEPTEMBER 30, 2011 WHEREAS, the UNITED STATES OF AMERICA, specifically the U.S. Coast Guard, ( "Lessee ") has requested a lease term extension to its existing lease agreement with the City of Seward for 7,500 square feet, more or less, within Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor, Kenai Peninsula Borough Plat number 2000 -166, Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the current lease has been in effect since February 27, 1986 and the Lessee has submitted a request for a one year extension of the lease term; and WHEREAS, the Alaska Railroad has a lease agreement with the City of Seward for a portion of land where the U.S. Coast Guard building crosses the lot line; and WHEREAS, the Alaska Railroad lease with the City will expire March 31, 2011; and 'Nerd WHEREAS, prior to March 31, 2011 the City administration and the Alaska Railroad administration are expected to seek council and board approval, respectively, of an extension of the City/Railroad lease to September 31, 2011; and WHEREAS, it is in the best interest of the of the City of Seward to allow this one -year extension to facilitate the relocation of the USCG shore - support facilities and the USCG Cutter Mustang to the north -east harbor during the same time- frame; and WHEREAS, there were no extensions allowed by the original Lease, however this lease amendment acknowledges the Lessee shall have a final extension for one year beginning on October 1, 2010 through September 30, 2011; and WHEREAS, the Lease Agreement was amended to increase the annual rental rate as established in the City of Seward 2010 appraisal report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into an amendment of the lease agreement with the UNITED STATES OF AMERICA in substantial form as presented at i -is- C,Z CITY OF SEWARD, ALASKA RESOLUTION 2010 -078 this meeting, to extend the Lease term to September 30, 2011 and to include amendments to the Lease as described in the above recitals. Section 2. This resolution shall take effect thirty (30) days after its adoption and posting. Upon effectiveness of this resolution, the amendment will be effective October 1, 2010. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of September, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Council Agenda Statement Meeting Date: September 13, 2010 of sFw Through: Phillip Oates, City Manager V : 1 A51-s" From: Kari Anderson, Harbormaster Subject: Lease Amendment for USCG 75 -055 BACKGROUND & JUSTIFICATION: Initially, the United States Government (U.S. Coast Guard), entered into a lease with the City for 7,500 square feet, more or less, within Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor. This leased area encompasses the USCG shore - support building and associated infrastructure. Clause 5 of Standard Form 2 of this lease provides that the Lessee shall not extend the initial term of the Lease past the last day of September 2010. However, this proposed lease extension would be the first and fmal extension of the current lease for a maximum period of one year, through the last day of September 2011. The U.S. Coast Guard has requested this one year extension, to allow the shore - support building to be relocated to a new lease site in the NE Harbor during the Summer of 2011 concurrent to the timeline of the USCG Cutter Mustang relocation to the Security (Z) float. The building located on this site crosses a lot line, in violation of SCC 12.01.030. A portion of the building is located on land owned by the Alaska Railroad. To that end, the City and the Alaska Railroad entered into a lease agreement in 1986 for a portion of undeveloped land, which was in turn utilized by the U.S. Coast Guard. The Alaska Railroad lease expires March 31, 2011 and the Railroad administration will be seeking Board approval of an extension to September 30, 2011. The Lease Amendment now before council for approval will extend the lease of City -owned land to September 30, 2011. Prior to March 31, 2011, a lease extension with the Alaska Railroad is expected to be presented to council for approval. INTENT: To propose an extension of the current lease with the UNITED STATES OF AMERICA (U.S. Coast Guard), #75 -055 for an additional year, ending September 30, 2011. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No 1.) Comprehensive Plan Economic Development, Small Boat Harbor Development: expand and maximize potential of the existing harbor 2.) Strategic Plan Growth Management and Land Use Planning: Promote residential and commercial development inside the city 2 3.) Municipal Lands Management Plan Leases:... continue to dispose of commercial and industrial lands through long term leases... 4.) Small Boat Harbor Management Plan Lands: ...ensure that existing lease sites are fully developed FISCAL NOTE: The Lease Agreement was amended to increase the annual rental rate as established in the City of Seward Appraisal report. Approved by Finance Department: ___ ATTORNEY REVIEW: YES X NO RECOMMENDATION Council approve Resolution 2010- 7 $ approving the extension of lease number 75 -055 with the U.S. Coast Guard to September 30, 2011 and amending the lease. U.S. Department of Commander Portfolio Management Branch Shore Infrastructure Product Line Division Homeland Security = Logistics Center 1301 Clay Street, Suite 700N � Oakland, CA 94612 -5203 United States Staff Symbol: (pld- pmb/Id) Coast Guard Phone: (510) 637 -5533 Fax: (510) 637 -5513 leslie. b.decenaeusco.mil 11011 JUL 28 2010 Ms. Kari Anderson City of Seward Seward Harbormaster P.O. Box 167 Seward, Alaska 99664 -0167 Dear Ms. Anderson: This letter is in reference to the Coast Guard's Support Facility Lease (DTCG89- 91- L -J -DL -058) at Seward, Alaska. The enclosed Supplemental Lease Agreement (SLA) No. 0029 extends the lease to FY2011 from the period starting October 1, 2010 to September 30, 2011. This lease extension would provide the Coast Guard, in coordination with your agency, time to relocate the CG Support Facility Building and to establish a new lease at the new location. The annual rent is in the amount of $12,000.00 at the rate of $3,000.00 quarterly, payable in arrears, provided annual appropriations are granted by Congress. A 90 day termination notice is provided in Item 4 of the lease. All other terms and conditions of the lease shall remain in force and effect. X •PA' Please signboth original copies of the SLA and return one to Ms. Teresa Pangelina of our office for further processing and filing. Should you have questions regarding the SLA, Ms. Leslie Decena can be reached at (510) 637- 5533 or by email at leslie.b.decena @uscg.mil. Ms. Pangelina can also be reached at (510) 637- 5523 or by email at teresa.l.pangelina a,uscg.mil. Sincerely, F Jlo .1. S. BURKE Lieutenant Commander, U. S. Coast Guard Portfolio Management Branch Team Leader CG SILC - Product Line Division By direction of the Commander Encl.: (1) Supplemental Lease Agreement No. 0029 SUPPLEMENTAL AGREEMENT I DATE SUPPLEMENTAL LEASE AGREEMENT NO. 0029 TO LEASE NO. DTCG89- 91- L -J -DL -058 PREMISES: SEWARD SUPPORT FACILITIES THIS AGREEMENT, made and entered into this .date by and between City of Seward Whose address is P.O. Box 167 Seward, Alaska 99664 -0167 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease Is amended, effective 1October 2010 as follows: The Government extends the lease for FY2011 (October 1, 2010 - September 30, 2011) at an annual rental rate of $12,000 payable in arrears at the rate of $3,000 per quarter, provided annual appropriations are granted by Congress. The lease extension would provide the Government in coordination with the Lessor time to relocate the Support Facility Building and to establish a new lease at the new location. 20 101/117/30/0/DL/71117/2321 $ 3, 000.00 All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. 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Sponsored by: Oates Introduction Date: September 13, 2010 Public Hearing Date: September 27, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010 -002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE- ENACTING SEWARD CITY CODE CHAPTER 7.10, HARBOR & PORT FACILITIES WHEREAS, the City Council instructed the City Administration to correct deficiencies in the Port and Harbor Code; and WHEREAS, in the Fall of 2009, the Seward Chamber of Commerce distributed the Seward Harbor Survey intended to serve as a platform for policy change for the Seward Harbor; and WHEREAS, the Administration, working with the Port and Commerce Advisory Board and the City Attorney, has developed a revised Port & Harbor Code; and WHEREAS, the City Administration attempted to balance the requests of business owners, recreational boat owners, and transient vessel owners to develop policies that meet the needs of these entities while and protecting the interests of the City, specifically to follow state guidelines and to \, preserve the public nature of the Seward Small Boat Harbor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Seward City Code Chapter 7.10 is hereby REPEALED and RE- ENACTED as set forth in the attachment to this ordinance. Section 2. This ordinance shall take effect ten (10) days following its enactment. Section 3. These code changes shall take effect January 1, 2010. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27 day of September, 2010. 1 r.r Council Agenda Statement Meeting Date: September 27, 2010 vF sFy,9 To: Phillip Oates, City Manager Ott From: Kari Anderson, Harbormaster 4 LASwp Agenda Item: Repealing and Re- enacting Seward City Code 7.10 BACKGROUND & JUSTIFICATION: The Port & Commerce Advisory Board (PACAB) held work sessions throughout 2009 and 2010 to discuss options for revisions to Seward City Code 7.10, Port & Harbor Facilities. Work sessions were held with Seward City Council on June 21, June 24, and August 9 to evaluate and discuss these changes. Proposed changes include: increasing the number of slips an entity may obtain, extending the amount of time an entity has to obtain a qualifying interest in a vessel when offered a slip, improvements to the refund policy, clarifications regarding harbor licenses and permits, and a standardized appeal process. The harbor has sought public input on these proposed policies. Letters were sent to local yacht clubs, individuals on the waitlist, transient vessels and all current slip holders regarding these proposed changes which were posted on the Harbor website August 15 2010. City Administration has attempted to balance the requests of small business owners, recreational boat owners, and transient Nad vessel owners to develop policies that meet the needs of these entities while following state guidelines to preserve the public nature of the Seward Small Boat Harbor. INTENT: To repeal and re- enact Seward City Code Chapter 7.10, Harbor & Port Facilities. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No 2020 Comprehensive Plan- Recommend systematic review and update of city code. SBH Management Plan- Administratively review and recommend update of city code as needed. FISCAL NOTE: These code changes include a revised refund policy for moorage. Approved by Finance Department: at.4. ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Ordinance 2010 -002- ordaining Seward City Code Chapter 7.10 to be repealed and re- enacted. - v. (strike out = deletions, bold italics = additions) Chapter 7.10. Harbor and Port Facilities Article 1. General Provisions 7.10.110. Short title. 7.10.115 Purpose 7 . 10 . 12 (). Interpretation 7.10.125. Implied agreement from use of facilities. 7.10.130. Accident report. 7.10.135. Definitions. Article 2. Administration 7.10.210. Harbormaster. 7.10.215. Limitation of liability. Article 3. Moorage 7.10.310. Registration required. 7.10.315. Transient moorage. 7.10.320. Reserved moorage. 7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage. 7.10.330. Refusal of moorage. 7.10.335. Required equipment. 7.10.340. Utilities. 7.10.345. Insurance. 7.10.350. Authority of harbormaster to board and move vessel. 7.10.355. Seaplanes. 7.10.360. Determination of involuntary relinquishment. Article 4. Wharfage, Storage and Other Activity 7.10.410. Wharfage. 7.10.415. Storage. 7.10.420. Fish processing. 7.10.425. Grid and b Boat lifts. Article 5. Prohibited Practices 7.10.510. Speeding. 7.10.511. Operating under the influence. 7.10.512. Reckless operation. 7.10.513. Hazard to navigation. 7.10.514. Failure to register. 7.10.515. Improper mooring and anchoring, 7.10.516. Inadequate equipment. 7.10.517. Improper use of facilities. 7.10.518. Improper disposal. 7.10.519. Improper care and control of animals. 7.10.520. Water sports. 7.10.521. Failure to make accident report. 7.10.522. Dinghies, rowboats and skiffs. 7.10.523. Noise. r __ 7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels. 7.10.525. Unauthorized utility connections interference with harbor property. i 7.10.526. Unauthorized boarding of vessels. 7.10.527. Improper use of fire- fighting equipment. 7.10.528. Welding equipment, torches, open flame. 7.10.529. Loading or unloading explosives. 7.10.530. Solicitation, advertising and signs. 7.10.531. Fenders on fingers. 7.10.532. Use of docks and fingers. 7.10.533. Children. 7.10.534. Bicycles, motorcycles, rollerblades, skateboards. 7.10.535. Parking of vehicles generally and unattended trailers. 7.10.536. Unauthorized collection of fees and use of waterfront. 7.10.537. Movement of vessels. 7.10.538. License. 7.10.539. Outboard motors. 7.10.540. Searchlights, crab lights. 7.10.541. Residential use. 7.10.542. Failure to observe city health and conduct rules. 7.10.543. Vessels extending beyend-befth over the main walkway or float. 7.10.544. Obstruction of walkway, float, gangway prohibited. 7.10.545. Repairs and maintenance of vessels. 7.10.546. Removal of vessel without payment of charges. 7.10.547. Cargo on the beach. Article 6. Fees and Penalties 7.10.610. Fees. 7.10.615. Fee collection. 7.10.620. Penalties. Article 7. Impoundment and Disposition of Vessels and Abandoned Property 7.10.710. Lost and abandoned property. 7.10.715. Property which maybe impounded. 7.10.720. Notice to owner. 7.10.725. Hearing. 7.10.730. Dccision Impoundment. 7.10.735. Impoundmcnt. 7.10.740. Release from impound. 7.10.745. Disposition of impounded abandoned property or vessel. 7.10.750. Public auction. 7.10.755. Sale. 7.10.760. Effect of sale. Article 8. Licenses and Permits 7.10.810. Licenses and permits prerequisite to conduct of business. 7.10.815. Business Terminal use permits or license agreements -- required. 7.10.812. Business license required. 7.10.820. Business Agreements or permits -- Employees and agents of principals. 7.10.825. Business Agreements or permits -- Application. 7.10.830. Aq reements or ermits -- Duration. 7.10.835. • s A - reements or . ermits- -Terms and conditions. 7.10.840. mess A! reements or . ermits- -Sus e ension and revocation. 7.10.845. Right of city to inspect leased premises 7.10.850. A licants to release cit from liabilit . Article 9. Appeal 7.10.900 Appeal Article 1. General Provisions 7.10.110. Short title. This title chapter shall be known and cited as the Seward Harbor Ordinance. (Ord. 95 -11) 7.10.115. Purpose. The purposes of this chapter are to: (1) Maximize the safe and efficient use of the harbor,; (2) Provide for the orderly management, development, and control of the harbor; (3) Protect and preserve public and private property within the harbor and the lives, health, safety, and well -being of persons who use, work, or maintain property in the harbor; (4) Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance, and prevent and abate fire, health, safety, and navigation hazards; and Neer (5) Assess reasonable fees for the use of harbor facilities. (Ord. 95 -11) 7.10.120. Interpretation. (a) Consistent interpretation and effect of invalidity. This chapter title shall be construed, to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to the harbor. If any section of this chapter -tile is declared invalid, the remaining sections shall not be affected. (b) Application in an emergency. The provisions of this chapter-title shall not be construed to limit a vessel owner from taking action necessary to protect life, limb, or property in the case of an emergency. (Ord. 95 -11) 7.10.125. Implied agreement from use of facilities. The use of the harbor or the presence of a vessel in the harbor constitutes an agreement by the owner to conform to the provisions of this chapter title, the harbor tariff, and any rule, regulation, or order made pursuant thereto, and to pay all fees and charges provided by this title or the harbor tariff. (Ord. 95 -11) 7.10.130. Accident report. ' r. .r..rrr Any person operating a vessel involved in an accident within the harbor resulting in the death or injury of any person, or damage to property in excess of $500.00 shall, in addition to any other j notices required by law, immediately give oral notice of the accident to the harbormaster and shall, within 24 hours after the accident, file a written report with the harbormaster on such form as the harbormaster may provide. (Ord. 95 -11) 7.10.135. Definitions. Whenever the words, terms, phrases, and their derivations set forth in this section are used in this title, they shall have the meaning set forth in this section. Abandoned property. "Abandoned property" means personal property which is unattended and is either not registered with the harbormaster or not in a location the harbormaster has designated for its storage. Anchor. "Anchor" means to secure a vessel to the bed of a body of water by dropping an anchor or anchors or by using a buoy or other ground tackle. Business. "Business" means any profession, trade, occupation, or calling carried on for a profit or livelihood, including every kind of commercial enterprise, and including the operation of games, machines, or mechanical devices. City. "City" means the City of Seward. City manager. "City manager" means the city manager for the City of Seward or the designee of the city manager. Derelict. "Derelict" means any vessel which is or appears to be forsaken, abandoned, deserted, or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy, or unfit for its trade or occupation. Distress. "Distress" means a state of disability or a present or obvious imminent danger which if staid unduly prolonged could endanger life or property. Dock. "Dock" means any pier, float, slip, wharf, finger, ramp, gangway, bulkhead, dolphin, or sea wall within the harbor that is owned or operated by the city. Emergency. "Emergency" means a state of imminent or proximate danger to life or property in which time is of the essence. Family Member. Spouse, child, or same sex partner in an established relationship. Finance director. "Finance director" means the finance director for the City of Seward or the designee of the finance director. Harbor. "Harbor" means all waters, tidal areas, and adjacent upland areas owned by the city and listed and identified in the land use plan as "harbor commercial and industrial," together with any and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels, including the port facilities located at SMIC, and all docks, pilings, hoists, parking areas, leased water areas, concessions and /or service facilities located within the area defined herein. Harbormaster. "Harbormaster" means the harbormaster for the City of Seward, the deputy harbormaster, or any assistant harbormaster or other person designated by the harbormaster to act in his place. Harbor tariff. "Harbor tariff' means the City of Seward Terminal Tariff as approved by the city council and amended from time to time. Land use plan. "Land use plan" means the land use plan authorized in Title 15, Chapter 15.05 of the Seward City Code as amended from time to time. Moor. "Moor" means to secure a vessel other than by anchoring. Moorage. "Moorage" means the process of mooring or the state of being moored and, when the context requires, the fees for such acts imposed by under title. Nuisance. "Nuisance" means a derelict vessel, a vessel which is not kept and regularly pumped free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or in immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates or constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to constitute a nuisance if: (1) The vessel is obstructing a waterway, or is endangering life or property and has been left unattended for a continuous period of 24 hours; or (2) The vessel has been moored, anchored, or otherwise left in the harbor and: a. The vessel's state registration number or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document records of the United States Coast Guard, the State of Alaska, or the harbor; b. The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined, or the vessel identification number or other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner; c. Vessel registration records of the United States Coast Guard, the State of Alaska, or the harbor contain no record of the vessel ever having been registered or documented, and the owner's name cannot be determined; or (3) The vessel does not clear the harbor at least three times per year. Owner. "Owner" means the registered owner of a vessel or a person authorized to act on behalf likkor of the owner. The following persons are presumed to have authority to act on behalf of the owner of a vessel: (1) The master or operator of the vessel; (2) A person entrusted with the management of the vessel; and (3) An officer or agent appointed by (a) the owner, (b) a charterer, or (c) an agreed buyer in possession ofthe vessel. Person. "Person" means any natural person, partnership, corporation, or governmental agency. A natural person and a corporation may be considered the same if the former has control over the latter. Processed fish. "Processed fish" means fish that has been prepared to render it suitable for human consumption, industrial uses, or long -term storage including, but not limited to, fish that has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but does not include fish that has only been deheaded, gutted, or iced. Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns the vessel or, under the provisions of a written charter or lease, has exclusive control over the operation and navigation of the vessel. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and operation ofthe vessel, ceases to have a qualifying interest in the vessel. Slip. "Slip" means a vessel's berth between two piers or floats. Small boat harbor. "Small boat harbor" means all navigable waters and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels that are within the confines ofthe breakwaters. SMIC. "SMIC" means the Seward Marine Industrial Center. �1r. Trailer. "Trailer" means any movable cradle, structure, or device used for moving boats into or out of the water or used for the storage of boats. , Transfer of cargo. "Transfer of cargo" means all types of loading, unloading, transfer, and containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish products. Vessel. "Vessel" means every description of watercraft including any ship, boat, skiff, barge, or craft of any kind and description, pleasure and commercial, other than seaplanes, used or designed to be used as a means of transportation on or through the water. (Ord. 95 -11) Article 2. Administration 7.10.210. Harbormaster. (a) Appointment. The city manager shall appoint a harbormaster. (b) Duties. The harbormaster shall, under the supervision of the city manager: (1) Administer the harbor with the powers provided by this chapter title; (2) Enforce this chapter -ale, issue and enforce regulations for the operation and use of the harbor that are not inconsistent with this chapter title, and enforce the terms and conditions of the harbor tariff; (3) Promptly report to the appropriate enforcement entity the violation of any law pertaining in any way to navigable waters or port/harbor facilities including, but not limited to, laws for the protection of navigation and the preservation of navigable waters; (4) Promptly report to the appropriate enforcement entity the violation of any law pertaining to the disposal of hazardous or waste materials and promptly furnish information as necessary to assure that such improper disposal ceases and any nuisance is abated; Nod (5) Collect harbor fees and charges and maintain and operate an accounting system to collect harbor fees and charges that meets with the approval of the finance director and that will satisfy all controls as may be deemed necessary by the city's annual audit; (6) Record in a proper register the name, length, draft, beam, type, and identification number, location of each vessel moored in the harbor, as well as the name and address of each vessel's registered owners; and (7) Maintain at the harbormaster's office a map or chart of the harbor showing the position of each approved mooring; and (8) Enter into license, moorage, and terminal use agreements on behalf of the city. (Ord. 95 -11) 7.10.215. Limitation of liability. (a) The authority granted to the harbormaster pursuant to this title shall not create any obligation or duty requiring the harbormaster to take action to protect or preserve any vessel or property located within, or utilizing, the harbor. (b) The city does not accept control of vessels or other property moored or stored in the harbor. When the city assigns moorage space to a vessel or assigns storage space to a vessel or other property the city is not accepting possession or control of the vessel or other property; the relationship between the parties is simply that of a landlord and tenant. Unless the vessel or other property is formally impounded by the city, the vessel or other property shall at all times remain 4 in the exclusive possession and control of the owner of said property and the city is not acting, and shall not be held liable in any manner, as a warehouseman or a bailee. '' (c) City shall not be liable for any loss or damage resulting from use of the harbor or facility from any cause whatsoever, except and to the extent solely caused by the city's own harbor negligence or intentional misconduct. City disclaims any and all other liability, whether for negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or performance. The liability of city for damages caused solely by its own negligence or intentional misconduct shall be limited to the reasonable cost of repairing the vessel or other property that was moored or stored in, or making use of, the harbor or harbor facilities. The owner of the vessel or other property assumes all responsibility for any and all other claims or damages otherwise resulting including, but not limited to, claims by owner or third - parties for property damage, personal injury or death, pollution or discharge of a polluting or hazardous substance (together with cleanup, removal, and remediation of same), as well as any direct, indirect, special, consequential, or commercial damages, claims for loss of profits or earnings, or other claims or damages of whatever kind or nature. (d) Each person including the owner of a vessel or other property moored or stored in, or making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless, and indemnify the city and its officers, employees, and agents from and against any and all losses, claims, demands, actions, damages, liabilities, or expenses of every kind, character, and nature whatsoever (including, but not limited to, personal injuries, death, environmental contamination, property damage, or employee liability) arising out of, resulting from, or in any way related to use of the harbor by the owner or owner's agent, employees, invitees, guests, or passengers, except where liability for same is caused solely by the city's own negligence or intentional r misconduct. Defense shall include payment of actual attorney's fees and costs. The owner waives any right of subrogation against the city which might otherwise arise upon payment of a loss by owner's insurers. (Ord. 95 -11) Article 3. Moorage 7.10.310. Registration required. The owner of a vessel using the harbor is required to register with the harbormaster, by completing and providing all information requested on a registration form approved by the harbormaster, within two hours after the vessel first enters the harbor; provided, however, that vessels arriving after 5 p.m. shall have until 10 a.m. of the following day to register. The owner is responsible for informing the harbormaster of any changes in the registration information provided by the owner. (Ord. 95 -11) 7.10.315. Transient moorage. (a) Availability. Transient moorage space is available within the harbor at locations designated or assigned by the harbormaster, which may include temporary use of reserved moorage space. A written and signed application for moorage on a form approved by the harbormaster shall be provided to the harbormaster within the time allowed for registration. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the moorage 4.0 application. Prepayment of fees for transient moorage is required. Approval of such application by the harbormaster confers no rights in the land or water constituting the space. (b) Assignment periods. The daily assignment period is 12:01 a.m. on the first calendar day to midnight 8 a.m. the ncxt calendar day. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels that are registered on the harbor's daily inventory that do not have a reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly quarterly, semi - annual, and annual terms. Monthly qQuarterly, semi - annual, and annual term transient moorage rates will be calculated from the closest of either (1) the first day of the current month, or (2) the first day of the following month (with daily fees assessed for all days in the current month). No credits will be allowed for back dating the application for moorage to the first day of the current month. (c) No preferential right. A user receives the privilege of occupying designated or assigned transient moorage on an as available basis, with consideration given to which vessel is most suitable for a particular location. Users have no preferential right to moor in any particular location nor the right to return to the same space if another vessel is occupying that space. (d) Rafting. Rafting of vessels in transient moorage space shall be permitted at locations designated by the harbormaster. Vessels moored in such locations are subject to yet another vessel tethering aside and are subject to being crossed by persons seeking access to other rafted vessels. Each vessel must have at least one line to the float, alternating ends. (e) Duration. A user's right to transient moorage space, once assigned, continues until the user removes the vessel from the transient moorage space, or until the user's death, or until the user's voluntary or involuntary relinquishment of the right to use transient moorage space. The right to use transient moorage may not be assigned or transferred by the user and does not transfer with the sale or other disposition of the vessel. *tad (f) Voluntary relinquishment. A user may voluntarily relinquish transient moorage space at any time by notifying the harbormaster in writing. (g) Involuntary relinquishment. The right to use transient moorage space shall be involuntarily relinquished if: (1) The user supplies misleading or false information in the moorage application; (2) The user fails to pay all fees required by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; (3) The user fails to maintain a qualifying interest in the vessel; (4) The user fails, upon request of the harbormaster, to provide proof of a qualifying interest in the vessel; (5) The user fails to maintain on the vessel the equipment required by this title; (6) The vessel becomes a derelict or a nuisance; or (7) The user fails to observe any section of this title. (Ord. 95 -11) 7.10.320. Reserved moorage. (a) Availability. Reserved moorage space is available within the harbor at locations designated or assigned by the harbormaster. (b) Application. Reserved moorage space shall be assigned on a first -come, first -served basis to those who have provided to the harbormaster a written and signed application as provided by the 4.0 harbormaster. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. (c) Assignment of reserved moorage. Reserved moorage space shall be assigned by the harbormaster to assure the maximum use of space available. The harbormaster will establish minimum and maximum vessel sizes for each space or class of spaces available. (d) Wait list. If more applications are received than there are spaces available, the harbormaster shall establish and maintain a reserved moorage wait list. A non - refundable annual fee shall be required by October 31 of each year to place and maintain an application on the list. Applications will be placed on the list in the order in which they are received. Any individual, partnership, corporation, or government agency may apply for the use of a reserved slip. All applicants, except government agencies, shall designate a single individual whose name shall appear on the list and who will be responsible for payment of all fees. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. Wait list priority may not be transferred except, upon applicant's death, to memberehild. a family (e) Retention of wait list priority. If an applicant chooses not to accept a reserved moorage space when offered, or does not respond to a notice of space availability, the applicant forfeits the applicant's priority on the wait list and the applicant's name will be placed at the bottom of the wait list. The applicant's name will be retained in the new position for the remainder of time covered by the applicant's annual fee payment. Continued placement in the new position will be subject to payment of the required annual fee. If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and the applicant's name will be removed from the wait list and the applicant's annual fee payment *haw forfeited. (f) FifteenThr space limit. As long as there are applicants on the wait list no person currently holding fifteenthrce or more reserved moorage spaces may be assigned an additional reserved moorage space notwithstanding the number of vessels held with a qualifying interest by that applicant. (g) Notice of space availability. When space becomes available, the harbormaster shall notify the first applicant on the wait list that has a qualified interest in a vessel of the size for which space is available. Notice shall be by certified mail, return receipt requested. An applicant shall have twenty -one ten days from the stamped postmark date of the certified mailing date-the r =etutn- ,cipt is signed to respond. If the notice is returned by the post office or the applicant fails to respond, the harbormaster will notify the next eligible applicant on the wait list and so on until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an appropriate size for the slip within twelve months of being offered a slip. (h) Preference. Approval of an application for reserved moorage space and assignment of reserved moorage space by the harbormaster confers only the privilege of occupying the assigned moorage space on a preferential basis and does not convey any rights in the land or water constituting the space. (i) Berth to be vacant for five days. Prior to departing the harbor, owners shall report to the harbormaster if a reserved moorage space is to be unoccupied for more than five days. The harbormaster shall have full discretionary authority to allow other vessels to occupy an empty reserved moorage space any time the assigned vessel is absent for more than five days without compensation to the holder. r .. X„ 1 low (j) Duration. A holder's rights to reserved moorage space, once assigned, continues until the holder ceases having a qualifying interest in a the vessel suitable for the assigned space, until the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the space. A holder's right does not transfer with the sale or other disposition of the vessel. (1) Loss of qualifying interest. A holder must pro notify the harbormaster within fifteen days if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage space. The holder may retain the reserved moorage space if the holder obtains a qualifying interest in another vessel of the appropriate size within twelve three months and registers the new vessel with the harbormaster as required by this title. - - • : - - - • - -• . - _ •• •• Failure to obtain a qualified interest in a replacement vessel of appropriate size for the assigned slip will result in forfeiture of assignment to reserved moorage and will cause the replacement vessel to be classed as transient. (2) Death. In the case of the death of the holder the space may be transferred only to the holder's family member speud. To be an effective transfer the family member speuse -er ehild must have a qualifying interest in the vessel assigned to the reserved moorage space and must make a request for transfer, in writing, to the harbormaster with appropriate documentation no later than the date the next annual moorage fee is due. (3) Voluntary relinquishment. A holder may relinquish reserved moorage at any time by notifying the harbormaster in writing. (4) Involuntary relinquishment. A holder's right to an assigned space shall be involuntarily relinquished and the right to use the assigned space terminated if: a. The holder supplies misleading or false information in the moorage application; b. The holder fails to pay all fees as provided by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; c. The holder fails to maintain a qualifying interest in the assigned vessel or substitute qualified vessel within the period allowed; year; ed. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest in the vessel assigned to the space; fe. The holder fails to maintain on the vessel the equipment required by this title; gf. The vessel to which the space is assigned becomes a derelict or a nuisance; or hg. The holder fails to observe any section of this title. (Ord. 95 -11) 7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage. (a) Qualifying interest required. Moorage space may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned. (b) No unpaid charges. Moorage space may only be assigned to an applicant who has no delinquent harbor fees or charges. (c) One space. No vessel may be assigned to more than one moorage space. The reserved slip is personal to the individual named as owner or operator on the moorage agreement The slip is reserved only with respect to the vessel indicated on the moorage agreement The slip holder must notify the Harbormaster within 24 hours of any change in vessels or will be charged 2, 8 transient moorage on any other vessel in the slip. An administrative fee to cover the cost of changing the vessel in the reserved slip may be assessed. (d) Use by assigned vessel only. A vessel assigned a moorage space may only use that space unless prior arrangements have been made with the Harbormaster. Vessels that moor or anchor outside their regular moorage space, and vessels which have no regular assignments which moor or anchor without making application to and securing the permission to use such space as required by this title, do so at their own risk and shall be held responsible for all loss or damage of any kind resulting from such use. (Ord. 95 -11) 7.10.330. Refusal of moorage or harbor facilities. The harbormaster may refuse moorage or use of any harbor facility to any vessel or applicant which or who the harbormaster has probable cause to believe has not complied, or is not in compliance, with this chapter title or the harbor tariff or whenever such moorage or use of the harbor facilities would not be in the best interests of the city. A determination that such moorage or use would not be in the best interests of the city must be accompanied by findings of fact based on substantial evidence and may be appealed pursuant to section 210.900. The refusal notice shall be in writing where practical and shall include the notice of the right to appeal (Ord. 95 -11) 7.10.335. Required equipment. (a) All vessels moored in the harbor shall carry the equipment required by any applicable law or regulation, and shall be numbered or designated in accordance with any applicable law or regulation. (b) All vessels moored or anchored in the harbor shall be fitted with moorings or anchors satisfactory to the harbormaster, and shall be maintained at all times in such condition that, in the opinion of the harbormaster, will not endanger any person or vessel in the harbor or any harbor facility. (Ord. 95 -11) 7.10.340. Utilities. Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the harbormaster may specify by regulation. The charge for electrical service furnished within the small boat harbor shall be established by resolution of the city council. • - • - ; ; , - - • ; - - - - - - - _ - --. A meter deposit shall be collected from any person who connects to the electrical power system. (Ord. 95 -11) 7.10.345. Insurance. All owners shall provide the city proof of liability insurance covering the vessel and owner's employees, invitees, guests, or passengers. The amount of liability insurance required shall be specified on the moorage agreement covering that vessel. If the vessel carries passengers for hire, owners shall have the city named as an additional insured with waiver of subrogation on any policy of liability insurance. 9 .r (Ord. 95 -11) 7.10.350. Authority of harbormaster to board and move vessel. (a) Emergency. The harbormaster may, in the event of emergency, board, re- secure, de- water, or move any vessel within the harbor, or take any other reasonable action to resolve the emergency with respect to such vessels to prevent loss of life or property. (b) Noncompliance with this title. (1) Subject to subsection (2) of this section, when the harbormaster has reasonable cause to believe that a violation of this title exists, or when necessary to perform a duty under this title, the harbormaster may, at any reasonable time and upon presentation of proper identification, board and enter a vessel within the harbor. If a vessel is improperly anchored or moored the harbormaster may order the vessel's position changed. If the harbormaster's order is not complied with, or the vessel is unattended, the harbormaster may move the vessel and charges shall be assessed in the same manner as for ordinary services. If a vessel is in violation of any section of this title the harbormaster may declare the user or holder of the moorage space to have involuntarily relinquished the space. (2) Where the constitution of the United States or of the State of Alaska so requires, the harbormaster shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the vessel before conducting the inspection. (c) Vessel in transient moorage space. The harbormaster shall have authority to move a vessel in transient moorage space to another location to better maximize the use of available space. (d) Notice to move. Any vessel, upon notice to move, which refuses or fails to move may be shifted by tug or otherwise by the city, and charges shall be assessed in the same manner as for ordinary services. (Ord. 95 -11) 7.10.355. Seaplanes. (a) Regular use of the harbor by seaplanes is available only on a transient basis and by prior agreement with the Harbormaster. Seaplanes shall not land or take off within the harbor, however nothing in this chapter shall be construed to prohibit emergency use of the harbor by seaplanes. - - - .. _ _ . - - . - !, - .... - . . _ ., _. - • ::. - (b) When a seaplane is provided a slip within the confine of the harbor, it shall be under the jurisdiction of the harbormaster and shall abide by this title and all regulations applicable to vessels. (c) The fees for providing slips for seaplanes shall be set by resolution of the city council and may be found in the harbor tariff. (Ord. 95 -11) 7.10.360. Determination of involuntary relinquishment. (a) Right to notice. The city shall give at least 20 days written notice of its intent to declare the involuntary relinquishment of mooring space. (b) Content of notice. A notice of involuntary relinquishment shall be prepared by the harbormaster and shall contain: 3 J (1) The name and address of the user or holder of the moorage space last appearing in the records of the harbormaster; (2) A statement that the city intends to declare the moorage space involuntarily relinquished if corrective action is not taken within 20 days from the date the notice is mailed /posted; (3) The reason for the anticipated action; (4) The owner's right to a hearing and the manner in which a hearing can be requested; and (5) The name, address, and telephone number of a person at the city to contact in case of questions. (c) Distribution of notice. The notice of involuntary relinquishment shall be: (1) Mailed by certified mail, return receipt requested, to the user or holder of the moorage space at the user's or holder's last known address. The notice is effective when mailed. If the harbormaster cannot determine the address of the holder of the moorage space, notice shall also be published at least once in a newspaper of general circulation in the city. (2) Posted at or near the moorage space in question, in the harbormaster's office, at city hall, and in a United States Post Office in the city. (d) Demand for hearing. The user or holder of moorage space which the city intends to declare involuntarily relinquished may obtain an administrative hearing to determine whether there is probable cause for involuntary relinquishment by filing a written demand with the city clerk within 20 days from the date of the notice. Hearings will be conducted in accordance with section 7.10.900. (f) Dccision. Within five working days after the conclusion of the hearing, the hearing ef€eer (g) (e) Action after decision. In the event the hearing officer determines there is probable cause to declare that the right to the moorage space has been involuntarily relinquished, the harbormaster may eject, remove, or require the removal of the vessel from the moorage space and assess charges for said removal in the same manner as ordinary services, and reassign the moorage space without compensation to the prior moorage holder. Moorage fees cease accruing on the date the vessel actually ceases to occupy a moorage space in the harbor. (Ord. 95 -11) J. imoommomir Article 4. Wharfage, Storage and Other Activity 7.10.410. Wharfage. (a) Application. No cargo may be transferred within the harbor without prior written application to and approval by the harbormaster, on such form as the harbormaster shall specify. Transfers of cargo that occur on a regular basis may be approved in advance. (b) Wharfage assignment. (1) All vessels are prohibited from mooring at any wharf at which they have no regular assignment or for which they have failed first to make a mooring application with the harbormaster. Vessels that moor outside their regular assignments, and vessels that have no regular assignments and which moor without making application to and securing the permission from the harbormaster, shall do so at their own risk and shall be held responsible for all loss or damage of whatsoever nature resulting from such use. (2) Assignment to the wharf at locations where transfer of cargo is approved shall be made by the harbormaster upon application. Charges for preferential assignment shall commence on the date specified in the assignment. Preferential assignments may be revoked by (a) the harbormaster upon 30 days prior written notice to the assignee, or (b) the assignee upon 30 days prior written notice to the harbormaster. (3) Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff, and any restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf area assignments shall include only the license or right: a. To moor vessels owned, operated, or represented by the assignee at the area assigned; b. To assemble, distribute, load, and unload merchandise and the cargoes of vessels over, through, or upon the assigned wharf area; and c. To perform such other related activities as may be necessary. (4) When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbormaster may, at his discretion, assign such facility, or any part thereof, for temporary use by another person. (c) Locations for cargo transfer. Transfer of cargo may occur at the following locations: (1) City dock within the small boat harbor; (2) North Dock of SMIC; (3) East dock of Inlet S lmo~ Dock a SMIC; (4) Syncrolift Dock at the SMIC. (d) Prepayment. The harbormaster may require prepayment of the estimated fees due under this title or the harbor tariff prior to any cargo transfer. (e) Duration. A vessel may moor for transfer of cargo for up to two hours without paying for transient moorage but must notify the harbormaster at least two hours in advance of actually mooring. Failure to notify the harbormaster could result in assessment of a day's transient moorage charge. (f) Refusal of cargo. The harbormaster may refuse to permit the transfer of any cargo whose volume, weight, hazardous nature, or other characteristics would present a risk to the safety of persons or property, private or public, within the harbor or whose value is less than the fees due under this title. (g) Information and manifests. (1) Information. To enable the harbormaster to keep an accurate record of the number, size, and kind of vessels using the harbor, the amount, kind, and value of waterborne freight handlers, r :f) and the number of passengers carried, the masters and pursers of all vessel using the harbor are required to furnish the harbormaster with such information if so requested and to permit the harbormaster to examine their papers; (2) Manifest. A complete copy of the manifest showing all the cargo unloaded or discharged at the harbor will be furnished to the harbormaster. Inbound manifests will be furnished prior to or concurrent with the vessel's arrival. Outbound manifests will be furnished prior to or concurrent with the vessel's departure. In lieu of manifests, freight bills containing all information as required in this section may be accepted. Required permits and licenses are described in Z10.800. (h) Persons responsible for fees. Vessels, their owners, and shippers or consignees of cargo transferred within the harbor shall be jointly and severally liable for all fees due for activities described in this chapter notwithstanding any contrary provisions contained in any bills of lading, charter party agreements, contracts, or other agreements. (i) Cargo on which fees have become delinquent. Cargo on which fees have become delinquent may, after ten days written notice to the shipper, carrier, or consignee of such cargo, be sold at public or private auction without advertising. (j) Retention of cargo. Any cargo upon which fees provided by this chapter have become delinquent may be confined to the harbor by the harbormaster until the fees have been paid. (k) Liability and indemnity. All risk of loss from theft, fire, or other casualty to cargo shall be assumed by the parties to the shipping agreement and not the city. The person making application for the berth shall defend, indemnify, and hold the city harmless from all claims arising from the cargo transfer within the harbor. (Ord. 95 -11) 7.10.415. Storage. (a) Generally. Storage space for vessels, cargo, and gear is available. The terms, conditions, and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor tariff. (b) Upland storage. (1) Upland storage on any harbor property owned by the city shall be limited to the storage of vessels, vessels on trailers, or trailers. (2) Major construction work on vessels while in storage is prohibited. Disagreements as to what constitutes major construction shall be resolved by the harbormaster. (Ord. 95 -11) 7.10.420. Fish processing. Fish or shellfish may be cleaned or processed within the harbor only in areas and with equipment approved by the harbormaster. (Ord. 95 -11) 7.10.425. Grid -Boat lifts. The city has available a-gfid-nnd boat lifts. The terms, conditions, and fees for use of the boat lifts are governed by the terms of the harbor tariff. (Ord. 95 -11) Article 5. Prohibited Practices 33 Nor 7.10.510. Speeding. No person shall operate or cause to be operated a vessel within the small boat harbor in a manner which causes an excessive wake, wash, or wave action which will damage, endanger, or cause undue distress to any other vessel or occupant thereof. (Ord. 95 -11) 7.10.511. Operating under the influence. * *See § 11.50.010D as to liability for costs associated with city response to emergency caused by a person operating a vessel under the influence of alcohol or drugs. No person may operate a vessel within the harbor while under the influence of alcohol or other drugs to the extent that it would be unlawful to operate a motor vehicle under state law in such condition. (Ord. 95.11) 7.10.512. Reckless operation. No person shall operate a vessel in any manner which unreasonably interferes with the free and proper use of the harbor or unreasonably endangers the users of the waters of the harbor. (Ord. 95 -11) 7.10.513. Hazard to navigation. No person shall create or fail to remove after request from the harbormaster, a hazard to navigation within the waters of the harbor. (Ord. 95 -11) 7.10.514. Failure to register. No person shall fail to register a vessel operated by that person with the harbormaster as required by this title. (Ord. 95 -11) 7.10.515. Improper mooring and anchoring. (a) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a vessel in the harbor except in a location designated by the harbormaster for that purpose, after receiving prior permission from the harbormaster, and after complying with all applicable provisions of this title. (b) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a vessel for fishing or other purpose within the harbor or any other body of water over which the city has jurisdiction in such a position as to obstruct a passageway ordinarily used by other vessels. (c) A person may moor, anchor, or beach a vessel in the harbor as required in an emergency, but only for so long as required by the emergency. A person who moors, anchors, or beaches a vessel in the harbor as permitted by this subsection shall promptly notify the harbormaster and comply with the instructions of the harbormaster for the securing and placement of the vessel. 4 Improperly stored, beached, or disposed vessels may be removed by the city and the costs of laiow such removal may be recovered by the city from the person violating this section. (Ord. 95 -11) 7.10.516. Inadequate equipment. No person shall operate or moor a vessel within the harbor that does not have the equipment required by this title. (Ord. 95 -11) 7.10.517. Improper use of facilities. No person may use the harbor for purposes or in a manner not authorized by this title. (Ord. 95 -11) 7.10.518. Improper disposal. No person shall dispose of trash, garbage, timber, refuse, human or animal waste, flammable liquid, alcohol, bilge water, dead animals, fuel, oil, fuel or oil derivatives, wastes, or by- products, or other petroleum products, or any similar substance into the water of the harbor or on the harbor grounds (including, but not limited to, parking areas) except in receptacles or locations designated by the harbormaster. Improperly disposed materials may be removed by the city, with or without notice, and the costs of such removal may be recovered by the city from the person violating this section. (Ord. 95 -11) 7.10.519. Improper care and control of animals. Slow No person shall have or bring a dog or other animal within the harbor unless the dog or animal is on a leash or confined to a vessel. The person bringing the dog or other animal to the harbor is responsible for properly disposing of the animal's defecation. (Ord. 95 -11) 7.10.520. Water sports. No person shall engage in swimming, diving, water skiing, or other sports where the body of the person comes into contact with the water within the harbor except after notice to and with permission of the harbormaster. Diving for the purpose of vessel repair and inspection or for law enforcement purposes is not prohibited by this section. (Ord. 95 -11) 7.10.521. Failure to make accident report. No person shall fail to make an accident report as required by this title. (Ord. 95 -11) 7.10.522. Dinghies, rowboats and skiffs. No dinghies, rowboats, skiffs, or other auxiliary vessels may be (a) stored on a dock except in at a location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or other auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored aboard another vessel Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other auxiliary vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs v 5 or other auxiliary vessels may not be tied along side of vessels in transient areas., (b) ticd along •. - -: . - • - - pacc, or (c) kcpt in thc watcr cxccpt at thc cnd of the slip or (Ord. 95 -11) 7.10.523. Noise. (a) No person shall make or cause to be made any unnecessary noise in the harbor. (b) No person shall, in an unreasonably loud manner, play any musical instrument or operate any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and 7:00 a.m. The harbormaster has sole discretion in determining whether an instrument or equipment has been played in an unreasonably loud manner. (c) If any group or organization wishes to hold any function that may continue after 11:00 p.m., request for approval must be made, in writing, to the harbormaster who may extend the time. (Ord. 95 -11) 7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels. (a) No person may bring into or keep within the harbor a vessel that is derelict or a nuisance, or in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated condition that it may sink, become a hazard to navigation, or damage docks, floats, or other vessels, except as required in an emergency, but only for so long as required by the emergency. (b) In the event a vessel is wrecked or sunk within the harbor, it shall be the owner's responsibility to immediately notify the harbormaster, mark the vessel's position and provide for the raising and disposition of such vessel as soon as reasonably possible, and the owner shall assume all liability for damage to persons or property located in the harbor which is caused by the vessel. (Ord. 95 -11) 7.10.525. Unauthorized utility connections; interference with harbor property. (a) No person may tap, connect, disconnect, or interfere with any water, telephone, or electric utility equipment maintained or operated by the city in the harbor without first having obtained the permission of the harbormaster. (b) No person shall damage, interfere, or tamper with any dock or other facility operated by the city in the harbor. (c) No person may damage, interfere, or tamper with any dock, buoy, life preserver, sign, notice, navigational marking, or other similar property operated by the city or any other governmental agency in the harbor. (Ord. 95 -11) 7.10.526. Unauthorized boarding of vessels. No person may board a vessel in the harbor without the consent of the owner provided, however, that any person placing a vessel in transient moorage where the vessel is or may be rafted to other vessels implicitly consents that people may cross the vessel if necessary to access other rafted vessels. (Ord. 95 -11) 7.10.527. Improper use of fire- fighting equipment. r No person shall use fire hoses or other fire- fighting equipment except for fighting fires. (Ord. 95 -11) 7.10.528. Welding equipment, torches, open flame. No person shall use welding equipment, grinders a burning torch, or any other open flame apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work permit issued by the - - : - - - -- ' - - - harbormaster. The person using such equipment shall exercise such care as is necessary to provide for the safety of other vessels and harbor facilities, have readily available an approved fire extinguisher of sufficient size, have readily available as a standby a water hose attached to an outlet where available, and maintain a fire watch. (Ord. 95 -11) 7.10.529. Loading or unloading explosives. No person may possess, transport, load, unload, or store explosives within the small boat harbor. Loading and unloading explosives at harbor locations outside the small boat harbor, requires a permit from the fire chief and approval of the harbormaster. (Ord. 95 -11) 7.10.530. Solicitation, advertising and signs. matter shall be placed ' ' ; • ; = No signs or other printed p on any part of the harbor without the prior approval o f the harbormaster. (Ord. 95 -11) 7.10.531. Fenders on fingers. No person may install fender material on fingers unless the fender material is approved by the harbormaster. (Ord. 95 -11) 7.10.532. Use of docks and forgers.* *The main and marginal float systems within the harbor are by state statute extensions of public streets and side walks and are subject to state statutes and city ordinances governing their use. No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials, mooring lines, hoses, electrical cables, other service lines, or other obstruction except in a location designated for that purpose by the harbormaster. Tools and other equipment may be temporarily placed on the dock for rigging and maintenance work so long as the tools or equipment do not obstruct the docks or access to the dock and the space is maintained in a neat, clean, and orderly fashion. (Ord. 95 -11) 7.10.533. Children. 7 Children under ten years of age are prohibited on the docks except when in the immediate presence of the child's parent or guardian or other responsible adult. (Ord. 95 -11) 7.10.534. Bicycles, motorcycles, rollerblades, skateboards. The use of unauthorized wheeled or motorized objects such as bicycles, motorcycles, rollerblades, skateboards, and four wheelers on the docks within the harbor is prohibited. (Ord. 95 -11) 7.10.535. Parking of vehicles and unattended trailers generally. The parking of vehicles and unattended trailers outside designated parking areas in the harbor area is prohibited. (Ord. 95 -11) 7.10.536. Unauthorized collection of fees and use of waterfront. No person shall collect any toll, wharfage or dockage without being authorized to do so by the harbormaster. No person shall place property upon or remove property from any portion of the waterfront or docks without being authorized by the harbormaster. (Ord. 95 -11) 7.10.537. Movement of vessels. Cruising between rows of slips is prohibited; movement of vessels within the harbor and between rows of slips shall be for the purposes of mooring, anchoring, or entering or leaving a slip, or training and education. (Ord. 95 -11) 7.10.538. License. No person shall operate a vessel unless that person is properly licensed as required by applicable state and federal laws and regulations. (Ord. 95 -11) 7.10.539. Outboard motors. No person shall operate any motor within the harbor without having such motor equipped with a muffler. (Ord. 95 -11) 7.10.540. Searchlights, crab lights. No person shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or vessels. No person shall leave on a crab light used to balance the load on a vessel's generator while the vessel is moored in the harbor. (Ord. 95 -11) 7.10.541. Residential use. ... .... _ .. .... - ... - No vessel within the harbor may be used for permanent living quarters while moored unless a permit is first obtained from the harbormaster :, .. - - . - • - . . - .. • . r0 .J (Ord. 4111w 7.10.542. Failure to observe city health and conduct rules. No person in the harbor shall violate any provision of this code dealing with health, sanitation, the conduct of persons, or prohibiting acts contrary to public health, morals, safety, or public peace. (Ord. 95 -11) 7.10.543. Vessels extending over the main walkway or float beyond jam. No part of any vessel, including without limitation any davit, boom, boomkin, or bowsprit, may extend over the main walkway of a float, . - - - _ .. - .. ., (Ord. 95 -11) 7.10.544. Obstruction of walkway, float, gangway prohibited. No person shall place or permit to remain any mooring lines, hose, electrical cable or other service lines across any walkway. A person in charge of a walkway, float, or gangway shall maintain the same in good condition so as to prevent injury to persons and shall keep such walkway, float, or gangway clear of any obstruction. (Ord. 95 -11) 7.10.545. Repairs and maintenance of vessels. No person may spray paint a vessel while moored or anchored in the harbor. No person may repair or maintain a vessel at its berth unless all the work is performed aboard the vesseL All -and .r, all the materials used in repairing or maintaining the vessel are must be collected for disposal or kept on board the vessel. Repair and maintenance work that cannot be done within the confines of the vessel shall be accomplished only in an area or manner approved designated for that purpose by the harbormaster. (Ord. 95 -11) 7.10.546. Removal of vessel without payment of charges. No person shall remove from the harbor any vessel upon which charges of any kind are delinquent, without paying such delinquent charge. (Ord. 95 -11) 7.10.547. Cargo on the beach. No person may load, unload, or store cargo on the beach within the harbor except in a location designated for that purpose by the harbormaster unless a permit has first been obtained from the harbormaster and a fee as set by the harbor tariff has been paid. Any permitted loading, unloading, or storage of cargo shall be for a period not exceeding 72 hours. There shall be no barge or vessel landing from the beach within the small boat harbor. (Ord. 95 -11) Article 6. Fees and Penalties 7.10.610. Fees. 39 (a) Harbor facilities. After public hearing, the city council shall set by resolution, the rates for use of all harbor facilities, and such rates may be found in the harbor tariff. Notice of the public hearing shall be published in a newspaper of general circulation and shall be posted in at least three public places within the city at least ten days prior to the hearing. (b) Ordinary services. Ordinary services performed by harbor personnel may be rendered by agreement with the harbormaster. The city council shall set by resolution the rates for services provided by the harbor personnel and such rates may be found in the harbor tariff. If no rate for a particular service has been set by the city council, the charge shall be set by the harbormaster and shall compensate the city for reasonable labor, time, and materials expended, plus overhead expenses. The harbormaster may require a deposit or payment in advance of furnishing any ordinary services, and all charges shall be payable at the time services are rendered, unless other arrangements have been made in advance with the Harbormaster. (c) Emergency services. Charges for emergency services shall be assessed in the same manner as for non - emergency services. All charges for services shall be payable at the time services are rendered. (Ord. 95 -11; Ord. No. 2005 -05, § 1, 9 -26 -2005) 7.10.615. Fee collection. (a) Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally or mailed on a monthly or other basis to the last address provided to the harbormaster. It is the harbor user's obligation to notify the harbormaster in writing of any changes in address. (b) Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the harbor or at city hall. (c) Refunds. Refunds are not automatically available to vessels departing the harbor; only vessels that no longer require transient or reserved moorage may receive a refund. If a vessel owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing or in-per-sou, to the harbormaster. All refunds will be calculated from the date of notice as follows: (1) Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused moorage days. (2) Quarterly moorage fees. Refunds for prepaid quarterly moorage will be limited to the original payment made minus the applied combination of monthly and daily ratesfrom the start of the quarter through the date of notice . (3) Semi - annual moorage fees. If a request for a refund is made • • - - . - • ! - : - - te m, a refund for prepaid semi - annual moorage will be limited to the original payment made minus the lesser combination of the quarterly, monthly, and efthe daily ratesfrom the start of the semi- annual period through the date of notice : . • .. - .. .. . - .. - - bc cligiblc for a refund. (4) Annual moorage fees. If a request for a refund is made • . • - . • • ! :: - - - --- the refund for prepaid annual moorage will be limited to the original payment made minus the combination of semi - annual, quarterly, monthly and lesser daily rates m from the start of the annual period through the date of notice or the quarterly moorage rate. . =.. - . - - .. - - - - • .. ... - - : ! - .. 180 day3 of the tcrm, a vcsscl owncr will not be eligible for a rcfund. :1 (d) Transfer from transient moorage to reserved moorage. Transient vessels that have prepaid moorage and then, due to the waitlistprocess, are offered a slip will be required to pay Slow moorage through December 31 and any additional footage upon acceptance of that slip. The combination of semi - annual, quarterly and monthly rates will be used to allow the new holder the best rate available to pay the moorage through December 31, after that they must comply with all code and tariff sections pertaining to reserved moorage. (ed) Delinquent fees. Fees remaining unpaid after 30 days will be considered delinquent and subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent moorage for vessels will accrue charges based on the daily fee as set by resolution of the city council. (fe) Interest on delinquent fees and fines. Delinquent fees and fines under this chapter title shall accrue interest according to the harbor tariff . - - : due until paid in full. : ' - ' . ,. from the date they were o (gf) Collection action. The city manager is authorized to commence suit or exercise any other legal remedy to collect any delinquent fee or charge. In the event such suit is commenced, the person obligated to pay the fee shall, in addition to any other liability imposed by this chapter title, be liable for the city's actual, reasonable attomey's fees and court costs associated with the collection. (hg) Lien for unpaid fees. In addition to all other remedies available by law, the city shall have a lien for any fees and interest provided by this chapter title and costs of collection, including attorney's fees, upon any vessel (including all equipment, tackle, and gear) and property giving rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by the procedure set forth in this chapter title. (Ord. 95 -11) 7.10.620. Penalties. Penalties for violation of this title may be set by resolution of the city council. (Ord. 95.11) Article 7. Impoundment and Disposition of Vessels and Abandoned Property 7.10.710. Lost and abandoned property. Personal property found in the harbor, whether on land, adrift, or sunken, which is not in the lawful possession or control of some person shall be immediately delivered to the harbormaster, in whose custody the property shall remain until claimed by the proper owner or disposed of as abandoned property. (Ord. 95 -11) 7.10.715. Property which may be impounded. The harbormaster is authorized to impound abandoned property at any time, and is authorized to impound a vessel under any of the following circumstances: (1) The vessel is within the harbor and is derelict or a nuisance as defined in this title; (2) The fees for which the city has a lien on the vessel are delinquent for a period of three months, or it appears to the harbormaster that the removal of the vessel from the harbor without payment of the delinquent amount is imminent; Slow- 4 I Nomigmy (3) The vessel is located in the harbor and is in violation of any section of this title or any regulation of the harbor or any provision of the harbor tariff; or (4) The owner is not aboard the vessel and the vessel is not properly identified by a name and /or number. (Ord. 95 -11) 7.10.720. Notice to owner. (a) Right to notice before impoundment. Except as provided in subsection (b) of this section, the city shall give at least 20 days written notice of its intent to impound abandoned property or a vessel. (b) No right to notice before impoundment. The city need not give written notice before impoundment, but shall give written notice of impoundment within 24 hours after an impoundment where the harbormaster determines that: (1) The abandoned property's or vessel's presence in the harbor presents an immediate danger to public health or safety; or (2) The removal of the abandoned property or vessel to be impounded from the harbor without payment of delinquent fees or other charges is imminent. (c) Contents. An impound notice shall be prepared by the harbormaster and shall contain: (1) The name and /or official number or state registration number of the vessel, where applicable; (2) The location of the abandoned property or vessel; (3) The name and address, if known, of the owner; (4) A statement that the city intends to impound, or has impounded, the abandoned property or vessel; (5) The reason for the anticipated or actual impoundment; `' (6) The intended disposition of the abandoned property or vessel if no action is taken within 20 days from the date of the notice; (7) The owner's right to a hearing and the manner in which to request such a hearing; (8) The name, address, and telephone number of a person at the city to contact; (9) The procedure for obtaining release of the abandoned property or vessel from impoundment or threat of impoundment; (10) A statement that the abandoned property or vessel is subject to storage charges once impounded; and (11) If impoundment has already occurred, a statement of the owner's right to obtain immediate release of the impounded property or vessel by posting a bond pending a hearing to determine whether probable cause of impoundment existed, said bond not to exceed the total of all delinquent charges and fees owed the city, including the cost for impoundment and storage. (d) Distribution. The impound notice shall be: (1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address, to any person who is known by the harbormaster to have a qualified interest in the abandoned property or vessel, to all known lienholders, and to any other person designated in the moorage agreement to receive notices regarding a vessel; provided, however, that notice need not be sent to any person whose interest in a vessel is not recorded with a state department or a federal agency and whose name and address does not appear on the moorage agreement for that vessel. If the harbormaster cannot determine the address of the owner of abandoned property or a vessel, notice shall be published Nord 2 at least once in a newspaper of general circulation in the city and, in the case of a vessel, shall be mailed to the U.S. Coast Guard documentation officer of the port of documentation, if such port can be reasonably ascertained. (2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in a United States Post Office in the city. (Ord. 95 -11) th a - ._., •�• e (Ord. 95 -11) " 7.10.730. DeeisiePImpoundment. The harbormaster may impound the abandoned property or vessel by immobilizing removing it, or having it removed, and placing it in public or commercial storage with all expenses of haul out and storage and an impound fee to be borne by the owner of such abandoned property or vessel. The holder of a qualifying interest in such abandoned property or vessel may appeal an impoundment decision pursuant to section 210.900. In the event the hearing officer determines there is probable cause to impound the abandoned property or vessel and a bond has been posted by the owner, the bond shall be forfeited to the city and no further action to impound the abandoned property or the vessel shall be taken. In the event the hearing officer determines there is probable cause to impound the abandoned property or vessel and impoundment has not already occurred, the harbormaster may proceed immediately with impoundment of the abandoned property or vessel. Within thrcc wog days after the Sh.r r.rr.rn.r - • - - • - . - _ :. _ - ... _. The hearing officer's decision shall in no way affect any criminal proceedings in connection with the impoundment in question, and any criminal charges involved in such proceedings may only be challenged in the appropriate court. (Ord. 95 -11) 7.10.735. Impoundmcnt. • ..., - - -. :. . .. - .. • - . -: _ , - - • _ , - • - (Ord. 95 11) 7.10.740. Release from impound. (a) Upon a hearing officer's decision reversing an impoundment, the abandoned property or vessel shall be released from impoundment without cost to the owner and any bond posted by the owner released to the owner. (b) In the absence of a hearing officer's decision reversing an impoundment, the owner, the representative of an owner, or any person in lawful possession of the abandoned property or vessel may apply to the harbormaster to release the abandoned property or vessel from impoundment at any time before its disposition under this chapter. An application for release from impoundment shall include the following: (1) Proof satisfactory to the harbormaster that the applicant is the owner of the abandoned property or vessel, or, if the applicant is not the owner, proof satisfactory to the harbormaster of the applicant's authority to represent the owner; (2) Either (a) payment of all delinquent moorage or other charges for the abandoned property or vessel, including interest and penalties, if any, all costs of towing, appraising, impounding, and storing the abandoned property or vessel, and all costs incurred for any pending sale of the abandoned property or vessel, or (b) the posting of a bond or other security pending resolution of an appeal to the superior court, said bond not to exceed the appraised value of the abandoned property or vessel, if known; (3) Proof of arrangements satisfactory to the harbormaster for either the removal of the abandoned property or vessel from the harbor, or the placement of the abandoned property or vessel in a location in the harbor approved by the harbormaster. 4 4 (c) The harbormaster need not release the abandoned property or vessel from impoundment under this section when: r (1) The harbormaster determines that possession of the abandoned property or vessel would be unlawful or would present an immediate hazard to public health or safety; or (2) The harbormaster has actual knowledge that ownership or possession of the abandoned property or vessel is in dispute. (Ord. 95 -11) 7.10.745. Disposition of impounded abandoned property or vessel. (a) The city shall not dispose of impounded abandoned property or an impounded vessel until 30 days after the date of impoundment under this chapter. (b) Public auction is not required when the appraised value of the abandoned property or vessel, as determined by an independent appraiser, is less than $500.00. The appraiser must have at least one year of experience in the sale, purchase, or appraisal of abandoned property or vessels. Upon that determination and after public advertisement has been made once in a newspaper of general circulation, the harbormaster may sell the abandoned property or vessel by negotiation, dispose of it as junk, donate the abandoned property or vessel to a governmental agency, or destroy it. (Ord. 95 -11) 7.10.750. Public auction. (a) Notice of sale. Prior to the sale of any impounded property or vessel, the harbormaster shall prepare a written notice of sale of the property or vessel. The notice shall contain: (1) The name and /or official number or state registration number of the abandoned property or vessel, the location of the abandoned property or vessel, and a detailed description of the abandoned property or vessel; (2) The date, time, and place of the sale; (3) The fees, interest, and costs that are due against the abandoned property or vessel and any bidding terms; (4) A statement indicating to whom payment must be made in order for the owner to redeem the abandoned property or vessel prior to sale; and (5) A statement indicating that the city may purchase the abandoned property or vessel at the sale for an offset bid in the amount of fees and charges due the city for the abandoned property or vessel. (b) Distribution. At least 20 days before the sale, the notice of sale shall be: (1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address; (2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in a United States Post Office in the city; and (3) Published at least once in a newspaper of general circulation in the city for a total of seven consecutive days. (Ord. 95 -11) 7.10.755. Sale. (a) Public auction. Any time after the distribution of the notice of sale, the abandoned property or vessel may be disposed of by public auction, through oral tenders, or by sealed bids. 45 (b) Bids. The minimum acceptable bid shall be a sum equal to the fees against the abandoned property or vessel, including interest and costs to be paid in cash at the time of sale or within five days 24 hours thereafter. The proceeds of such sale shall be first applied to the cost of sale, including advertising, then to interest owed the city, then to fees accrued and owed to the city, and the balance, if any, shall be held in trust by the city for the owner of the abandoned property or vessel to claim. If such balance is not claimed within two years, the balance shall be forfeited to the city and paid into the harbor enterprise fund. (c) No acceptable bids. If at the public sale there are no acceptable bids for the abandoned property or vessel, the city may destroy, sell at a private sale, or otherwise dispose of the abandoned property or vessel. The disposition to be made without liability to the owner, any person in possession of the abandoned property or vessel, or any lienholder of the abandoned property or vessel. (Ord. 95 -11) 7.10.760. Effect of sale. Upon sale being made, the city shall make and deliver its bill of sale, without warranty, conveying all of the city's interest in the abandoned property or vessel to the buyer. (Ord. 95 -11) Article 8. Licenses and Permits 7.10.810. Licenses and permits prerequisite to conduct of business. No business activity shall be conducted within the harbor or SMIC unless the licensee, permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary harbor permits or agreements and a business license, if needed, from the city; provided, however, that commercial fishing vessels do not require a business license to carry on the normal activities relating to their operation. (Ord. 95 -11/ Ord. 2010) 7.10.812. Business license required. Subject to §8.30.020, a business license is required if engaging in a business within the city. Applications for a business license are handled through the City Clerk's office and are governed by Chapter 8.30, Business License. 7.10.815. Business Terminal Use permits or license agreements -- required. (a) In this section, terminal use permits may be referred to as "permits" and license agreements may be referred to as "agreements." (b) A signed terminal use permit or license agreement along with proof of insurance and cargo manifests are required from the Harbormaster's Office for any operation that engages in commerce that uses city docks, approaches or facilities for loading or unloading of cargo, petroleum providers, usage of dock approaches, or landing areas across City of Seward property. Terminal use permits are required for activities in which wharfage rates apply or when merchandise is passed over the city docks per Section 285 of the Port & Harbor Tariff Regulations. 4 6 (a)(c) It shall be unlawful for any person to conduct or carry on any business upon any portion of the city beach or docks,' landing stage, or approach thereto in use in connection with the city docks, or to use, occupy or hold possession of any part of the city docks, landing stage or approach thereto, for any business purpose whatever, except for taking on or landing passengers, thereeii-emllereetvef unless such person shall h license agreement therefore signed by the Harbormast has a valid terminal use permit or (b)(d) It shall be unlawful for any person to solicit, ask for or request patronage or trade, or display ware or advertise in any way, on the city beaches, docks, landing stage or approach thereto in use in connection therewith, for any business, or to sell tickets of any kind therewith, or to sell any article of merchandise upon any portion of a city beaches, docks, float, landing stage or approach thereto, unless such person shall-have has a valid business terminal use permit or license agreement therefor signed by the Harbormaster. (Ord. 95 -11) (e) A moorage contract is a separate requirement and does not require a terminal use permit Seafood processing businesses shall obtain a permit or agreement for utilizing city beaches, docks and floats Terminal use permits are not required for vessels loading gear such as; strongbacks, lines, hatch covers, walking boards, nets, groceries or vessel safety equipment, r e �' a ment, or for vessels re-fueling q p for standard operations (Ord. I0-001) 7.10.820. Business Agreements or permits -- Employees and agents of principals. Where an agreement or permit is desired for a person to carry on business as an employee or agent for any person, the application for such permit or agreement shall be approved by the principal of such person, and such permit may be revoked at any time without notice to 14 01.9' holder thereof upon the request of such principal to do so. (Ord. 95 -11) 7.10.825. Business Agreements or permits -- Application. The application for an agreement or permit shall be in writing and shall set forth the following information: (1) The name and address o f the applicant and, if the applicant shall be a firm, the names and addresses of the members of such firm, and, if the applicant shall be a corporation, the names and addresses of the officers of the corporation; (2) The names of the vessels, the description of the business to be carried on by means of such vessels, a reference to the business licenses, if any, held by such applicant, and any other particulars which such applicant may wish to set forth as a reason for granting such permit; (3) A description of the space on the city facilities of the floats or landing stages the applicant desires to use in carrying on such business; and (4) A statement to be signed by the applicant that if such permit shall be granted, he will conduct his business thereunder in accordance with the laws of the city in relation thereto, the terms of such permit and all rules and regulations in relation to the city facilities, and that the permit may be revoked at any time by the city council for the violation of the terms of such permit, and that the decision of the Harbormaster city council as to the revocation of any such permit shall be final and conclusive, unless timely appealed in writing pursuant to § 7.10.900). 1 See § 7.10.135 for definition of "dock." 47 (Ord. 95 -11) 7.10.830. Business Agreements or permits -- Duration. The city council Harbormaster shall have the power and authority to grant a permit or agreement to any person to use or occupy certain portions of the city facilities, and any float, landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at any time by the city council Harbormaster for violation of any of the terms of such permit, or of the laws of the city, or of the rules and regulations adopted by the city council for the use of the city facilities. The Harbormaster may deny a request for an agreement or permit based on past business practices of an applicant, level of existing use at city docks, or upon other facts supporting a finding that an agreement or permit is not in the best interest of the city. (Ord. 95 -11) 7.10.835. Business Agreements or permits - -Terms and conditions. All business agreements or permits shall be on forms :. .... - .. - - - • _... provided by the city, and shall include such terms and conditions, in addition to those set forth in this chapter, as the city council Harbormaster may determine from time to time to be necessary or advisable to preserve the public peace and quiet on the city facilities or to protect the public welfare, and all such terms and conditions included in any such permit shall be binding on the holder of such permit to the same extent as though expressly set forth in this chapter. (Ord. 95 -11) 7.10.840. Business Agreements or permits -- Suspension and revocation and appeals. (a) Suspension. The city council harbormaster may, at any time, as a penalty for the violation of the provisions of any permit or agreement, suspend an agreement or permit for a period to be fixed in such order of suspension. (b) Revocation. All permits or agreements issued shall be granted and accepted by all persons receiving such permits or agreements with the express understanding that the city council harbormaster may revoke the same at any time if satisfied that any of the conditions of the permit or agreement or provisions of this chapter have been violated, or that such permit or agreement was obtained by fraudulent representation, or that the holder of any such permit or agreement is an unfit person to be entrusted with the privileges granted by such permit or agreement; provided, that no permit or agreement shall be revoked without first giving the holder an opportunity to appear before the city council city manager in his on the holder's own behalf, except as to an employee or agent of some other person holding a permit or agreement who requests such revocation. (c) Appeals. In the event of a dispute between the parties under this permit, the Harbormaster shall issue a written decision and serve a copy thereof upon the permittee. The permittee may request an administrative hearing following the procedures outlined in section 7.10.900. (Ord. 95 -11) (Ord. 10 -001) 7.10.845. Right of city to inspect leased premises. The city reserves the right to inspect any of the rented or leased premises at any time. Failure to inspect shall not be deemed to create any responsibility upon the city. (Ord. 95 -11) f3 8 7.10.850. Applicants to release city from liability. ' The city assumes, and shall be under, no liability for anything done or omitted to be done under or in relation to any of the provisions of this chapter, and applicants for permits shall release the city accordingly. All applicants shall provide the city with proof of current liability insurance during the term of the agreement or permit (See also §§ 7.10.215 and 7.10.345). (Ord. 95 -11) Article 9. Appeal 7.10.900. Appeal: (a) Demand for hearing. Any person holding a qualifying interest in a vessel who is denied moorage or use of harbor facilities or whose vessel is subject to impoundment by the harbormaster has the right to appeal the harbormaster's determination to the city manager. Any such person desiring a hearing shall file a written demand with the city clerk within seven days after notification of the harbormaster's decision. The request for appeal must include a detailed explanation describing the reasons and basis for appeaL Failure of the appellant to request or attend a scheduled hearing shall be deemed a waiver of the right to such a hearing and the harbormaster's decision shall be final. The decision of the harbormaster will remain in effect during the appeal period. (b) Hearing procedure. The hearing shall be conducted within seven days of receipt of a timely written demand from the appellant, unless such person waives the right to a speedy ,,. hearing. The city manager shall determine whether the facts are such as would lead a reasonable person excercising ordinary prudence to believe there are credible, specific and sufficient grounds supporting the harbormaster's decision. The city manager shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The appellant has the burden of establishing by a preponderance of the evidence that the findings of fact are incorrect or that the harbormaster's decision is arbitrary and capricious. (c) Decision. Within five days after the conclusion of the hearing, the city manager shall issue a written decision. A copy of the decision shall be provided to the appellant. The decision of the city manager is final (Ord. 10 -001) 49 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ELECTING TO PARTICIPATE IN THE AML /JIA LOSS CONTROL INCENTIVE PROGRAM FOR THE CITY OF SEWARD WHEREAS, the City of Seward is a member of the Alaska Municipal League Joint Insurance Association (hereinafter "AMLJIA "); and WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward; and WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide; and WHEREAS, the AMLJIA will provide all written program material necessary, and offer assistance to participants; and WHEREAS, pool members that participate in the Loss Control Incentive Program and complete the required activities, will have the opportunity to earn a discount on their contribution; and WHEREAS, it is the City of Seward's policy to provide a safe environment for its elected officials, employees, citizens, and the visiting public; and WHEREAS, the Loss Control Incentive Program has and will continue to enhance such an environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA Section 1. The Seward City Council elects to participate in the AML /JIA Loss Control Program for the remainder of 2010 and 2011 policy year. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13 day of September, 2010. Council Agenda Statement e 4 Of SFS Meeting Date: September 13, 2010 Through: Phillip Oates, City Manager I " � p � tY g Agenda Item: Participating in the AMLJIA Loss Control 4c gS`` P Incentive Program BACKGROUND & JUSTIFICATION: The City of Seward is a member of the Alaska Municipal League Joint Insurance Association (AMLJIA). AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward. AMLJIA developed the Loss Control Incentive Program in 2005 to help reduce member losses individually and pool wide. AMLJIA will provide all written program material necessary and offer assistance to participants. Pool members that participate in the Loss Control Incentive Program and complete the required activities will have the opportunity to earn a discount of up to Five Percent (5 %) on our contribution. Since 2006, the City of Seward has participated in the Loss Control Program which has lowered our annual premium up to 5% annually. In 2010, we would like to continue our safety efforts which will result in cost savings. It is the City of Seward's policy to provide a safe environment for its elected officials, employees, citizens, and the visiting public. In order to qualify for this Loss Control Incentive Program the City must do the following: 1. Provide tracking logs to document all safety activities. 2. Pass a resolution annually electing to participate in this program. 3. Provide reports and inspections timely and on a semiannual basis. 4. Engage an active Safety Committee to include agendas, notes, specific topics and minutes. 5. Provide model safety plans and training. The City has been actively engaged to complete the above requirement to continue to qualify for this Program. The City has developed a positive reputation with AMLJIA due to our proactive position on promoting and enhancing safety. INTENT: To pass a resolution to participate in the AMLJIA Loss Control Incentive Program for 2010 - 2011. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: There is no financial cost for this program. The program has a potential 5% savings on our annual premiums. Approved by Finance Department: „ ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2010 -079 and authorizing the City Manager to participate in the AMLJIA Loss Control Incentive Program. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SERVICE ELECTRIC, INC. FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $345,300 TO DESIGN AND IMPLEMENT A SECURITY CAMERA SYSTEM WHEREAS, the City of Seward City Council approved Resolution 2009 -51 accepting a grant from the Homeland Security Grant Program in the amount of $350,000. for the purpose of expanding and updating infrastructure security cameras; and WHEREAS, the City of Seward issued a Request for Proposals to design and implement a security camera system. The RFP was advertised on 5/27/2010 in the Seward Phoenix Log and on 5/23/2010 and 5/27/2010 in the Anchorage Daily news; and WHEREAS, there was one proposal received and this proposal met the grading criteria as specified in the bid documents; and WHEREAS, as a result of the evaluation process, Service Electric, Inc. was selected as the qualified and responsive bidder as required by Seward City Code§ 6.10.135 and SCC§ 6.10.340. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with Service Electric, Inc. to design and implement a security camera system for the amount of $345,300. Section 2. Transfer funding in the amount of $345,300 from the Homeland Security Camera grant account no. 651 -6514- 4680 -0200, and appropriate it to equipment account no. 651 -6514 -5930, for the design and implementation of a security camera system. Section 3. The total project amount includes the cost for prevailing wage rates that are inherent to municipal funded projects in the State of Alaska mandated by the Little Davis Bacon Act for public construction projects $2,000 or more in value. Section 4. This resolution shall take affect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2010 -080 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13 day of September, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Council Agenda Statement e of sets, Meeting Date: September 13, 2010 o To Phillip Oates, City Manager 4 1.ASoP From: Tom Clemons, Chief of Police Agenda Item: Authorize City Manager to enter into a contract �. with Service Electric, Inc. to design and implement a security camera system. BACKGROUND & JUSTIFICATION: City of Seward City Council accepted a Homeland Security grant in the amount of $350,000 for the purpose of expanding and updating infrastructure security cameras, under resolution 2009 -51. In response, a Request for Proposals was issued. There was one proposal submitted and this proposal met the grading criteria as specified in the bid documents. Service Electric, Inc. was selected as the qualified and responsive bidder, with a total project cost of $345,300. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan X 2. Strategic Plan X 3. Other: 4. Not applicable FISCAL NOTE: There are no direct fiscal impacts of this resolution. It will authorize the transfer of funds, in the amount of $345,300 from Homeland Security Grant account number 651- 6514- 4680 -0200 to equipment account number 651- 6514 -5930 for this purpose. This grant requires no local match. Approved by Finance Department J4 de,u „rp ” RECOMMENDATION: Recommend approval of Resolution 2010 -MA, authoring the City Manager to enter into a contract between the City of Seward and Service Electric, Incorporated for the design and implementation of a security camera system and transferring funds, in the amount of $345,300 from Homeland Security Grant account number 651- 6514- 4680 -0200 to equipment account number 651- 6514 -5930 for this purpose. 5 4 Professional Services Agreement with Service Electric, Inc. for Security Camera System and Related Services This AGREEMENT, made and entered into this 6 day of September, 2010 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Service Electric Inc., a [sole proprietorship] authorized to do business in Alaska, with offices located at 12154 Troll Drive, Seward Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide [design and implementation] and other services for Security Camera System Installation in Seward, Alaska; and WHEREAS, Service Electric, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: `.., 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Service Electric Inc. proposal, dated 6/16/2010 Exhibit B — City's request for proposals dated May 18 2010 and Addendum One. Exhibit C — Confidentiality Agreement, dated 6/24/2010 Exhibit D - DHS &EM Assurances for Federally Required Contract Provisions Exhibit E — Service Electric Inc. price proposal dated 8/5/2010 Exhibit F — List of sites dated 7/21/2010. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. Page 1 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Thomas Clemons, and include any successor or authorized representative. 1.5 "Project" shall mean the planning, design and other tasks related to security camera system installation in Seward, Alaska, as further described in the City's request for proposals issued May 18, 2010. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. $345,300. This project is funded under a grant from the Federal Emergency Management Agency (FEMA)'s Grant Programs Directorate, US Department of Homeland Security and the Alaska Division of Homeland Security and Emergency Management, 2008 Federal Grant No. 2008 -GE -T8 -0005, State Grant No. 08SHSP- GR34057. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, D, E and F, to provide professional services based on approved standards and instructions, as specifically described in Exhibit B. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. End Date: 10 -15 -2010, 35% completion, field install mechanical hardware, electrical systems. Begin testing connectivity capabilities of systems End Date: 11 -15 -2010, 65% completion, field and dispatch office, continue mechanical in field, install required equipment in dispatch office and begin programming sequence. Program equipment and verify cameras and dispatch are communicating. End Date: 12- 15- 2010, Complete startup system and demonstrate. Turn system over to City. Project complete. Page 2 of 10 C: \Documents and Settings \rivy\My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc � 6.0 PERSONNEL /ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Robin Dykstra, Service Electric, Project Manager Justin Reese, Service Electric, Foreman /Superintendent Scott Colliard, Service Electric, IT Technician Roger Hackett, Tyco Simplex/Grinnell, Project Manager Kirk Hansen, Northwest Regional Sales Engineer, Design 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the Security Camera System Installation by November 12, 2010 Contractor shall pay as liquidated damages and not as penalty $100 per day for each day after November 13, 2010 the Security Camera System is not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Page 3 of 10 C: \Documents and Settings \rivy \My Documents\Projects \Sec. Cam \0810 professional service agreement with service electric.doc rur 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the sole negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be as set forth in Exhibit B, subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. Page 4 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc Irr 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. p 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page 5 of 10 C: \Documents and Settings \rivy \My Documents\Projects \Sec. Cam \0810 professional service agreement with service electric.doc rrrr 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Niid Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to Page 6 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc r 1 ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between ,,. the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Contractor, will be done at the sole expense of the Contractor. Page 7 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc V 1 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement In excess of the amount that fiasbeen appropriafedb the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. Page 8 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc 62 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of lorrov the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 SPECIAL GRANT PROVISIONS. 29.1 Little Davis Bacon Act (LDBA) This project qualifies as LDBA and therefore requires filing of certified payrolls in accordance with Title 36 of Alaska Statutes (Prevailing Wage Law). Subcontractors shall be required to provide proof of insurance and licensing. If a proposer has questions concerning the requirements for this LDBA project, contact Nancy Dutton, State of Alaska Department of Labor & Workforce Development, Wage and Hour Administration at: Phone: (907)269 -4900; Fax: (907)269 -4915; or e-mail nancy dutton@labor.state.ak.us. 29.2 State of Alaska Debarment List A person appearing on the State of Alaska's debarment list and a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a public construction contract for the state or a political subdivision of the state for three years from the date of debarment. This list is provided in the State of Alaska, Wage and Hour Administration, Department of Labor Standards & Safety, Laborers' & Mechanics' Minimum Rates of Pay fir•- Pamphlet 600 available at: http: / /www. labor .state.ak.us /Iss /pamp600.htm. 29.3 Division of Homeland Security & Emergency Management Assurances for Federally Required Contract Provisions. Follow all applicable requirements as listed in this document, which is marked as Exhibit D in section 1.0. 30.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward City Manager PO Box 167 Seward, Alaska 99664 -0167 Page 9 of 10 C: \Documents and Settings \rivy \My Documents\Projects \Sec. Cam \0810 professional service agreement with service eiectric.doc 63 rrr..r. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward By: Phillip Oates By: Robin Dykstra Title: City Manager Title: Presi ent, Service Electric, Inc. Date: Date: q)_ick _ ATTEST: Jean Lewis, CMC City Clerk (city seal) Page 10 of 10 C: \Documents and Settings \rivy \My Documents \Projects \Sec. Cam \0810 professional service agreement with service electric.doc 64 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TRANSFERRING LIBRARY PROPERTY RENTAL INCOME TO THE LIBRARY MUSEUM PROJECT IN THE AMOUNT OF $26,079.79 AND APPROPRIATING FUNDS WHEREAS, Resolution 2007 -121 applied all rental income from the future site of the combined library museum into a reserve account; and WHEREAS, these funds were to be made available for the development and construction of the project as directed by the City Manager; and WHEREAS, demolition work and site preparation is moving forward and requires funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Funds are hereby appropriated as follows: $12,579.79 from account number 101 -0- 2040 -0150 and $13,500 from account number 101- 0000 -3042- 0004 for a total of $26,079.79 to the Library Museum contracted services account number 626 -626X -5390. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of September, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: 65 of sei Council Agenda Statement Meeting Date: September 13, 2010 vIA) Through: City Manager, Phillip Oates Nr q Kc From: Community Development, Director Christy Terry Nftsid Agenda Item: Transferring Rental Funds for Library/Museum BACKGROUND & JUSTIFICATION: Since 2003, the City of Seward, Seward Community Library Association and the Resurrection Bay Historical Society have been planning to co- locate the Community Library and the Seward Museum to a new facility. Co- location will create efficiencies of service and space as well as providing the amount of space needed to meet the existing and future needs of these organizations. In December 2006, the City of Seward purchased the six city lots east of the library as the future site of the Seward Community Library Museum. At time of purchase the existing buildings on the property were occupied by Ray Weaver of Ray's Reusables, who then rented the facility from the City for the amount of $500 per month. The final total funds in the reserve account are $12,579.79. There is additional rent money in account no. 3042 -0004 that totals $13,500 which should be included in the transfer of funds to the project. The project is moving forward with preliminary demolition testing, demolition and site preparation plans. These funds will be utilized for contractors to complete this work. All purchases will be completed in compliance with the Seward City Code's Title 6 Purchasing, Contracts and Professional Services. INTENT: Rental funds were placed into a reserve account until they were needed for development : and construction of the Seward Community Library Museum. Additional funds from 2007 and 2008 were placed into account 101- 0000 - 3042 -0004. This resolution will move these funds into the Library Museum Contracted Services Account for demolition and site preparation. Remaining funds will be utilized for the project and/or if additional funds are required, they will be taken as necessary to complete the work from the Library/Museum Fund Account. The larger project budget continues to be developed within the Design and Construction Document phases for Estimating. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Funds are appropriated from the Seward Community Library Museum Reserve account no. 101 -0- 2040 -0150 and account no. 101- 0000 - 3042 -0004 to the Library Museum contracted services account no. 626 -626X -5390. Approved by Finance Department: ATTORNEY REVIEW: YES No X RECOMMENDATION: Approve Resolution 2010- ?1, Appropriating $12,579.79 from the Seward Community Library Museum Reserve account and an additional $13,500 rental funds, for a total of $26,079.79 into the Library/Museum fund account number 626 -626X -5390. 6 R Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007 -121 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DIRECT RENTAL INCOME FROM LOTS 1 THROUGH 6, BLOCK 8 - ORIGINAL TOWNSITE OF SEWARD, ALASKA INTO A RESERVE ACCOUNT FOR THE DEVELOPMENT AND CONSTRUCTION OF THE SEWARD COMMUNITY LIBRARY MUSEUM WHEREAS, the City of Seward purchased Lots 1 through 6, Block 8 ORIGINAL TOWNSITE OF SEWARD, ALASKA as the future site of the Seward Community Library Museum; and WHEREAS, at the time of purchase the buildings on the property were rented to Ray Weaver of Ray's Reusables; and WHEREAS, The City of Seward entered into a month -to -month rental arrangement with Mr. Weaver that is in place today; and WHEREAS, continued City Council support of the library museum will assist in the fundraising efforts for the project. i.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council of the City of Seward directs the City Manager to designate all rental income in the amount of $500 per month from Lots 1 through 6, Block 8 ORIGINAL TOWNSITE OF SEWARD, ALASKA that shall be applied to a reserve account for the development and construction of the Seward Community Library Museum. Section 2. The funds shall be retroactively applied to the Seward Community Library Museum reserve account effective January 1, 2007. Section 3. In the case that the library museum does not materialize, the funding will revert back to the City of Seward's general fund. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13 day of November 2007. r.. 67 Council Agenda Statement Meeting Date: November 13, 2007 of sfiil, 1 q To: Mayor Corbridge and Council Members 0 ( --1- �- gyp° From: Phillip Oates, City Manager 4 cnsw° Agenda Item: Authorizing the City Manager to Direct Rental Income from Lots 1 through 6, Block 8 ORIGINAL TOWNSITE OF SEWARD, ALASKA into a Special Account Reserved for Development and Construction of the Seward Community Library Museum BACKGROUND & JUSTIFICATION: In December 2006, the City of Seward purchased six city lots east of the library as the future site of the Seward Community Library Museum. At time of purchase the existing buildings on the property were occupied by Ray Weaver of Ray's Reusables, who currently rents the facility from the City of Seward for the amount of 5500 per month. INTENT: As purchase of the property and designation of its' rental revenue to the library museum project are positive actions that reflect City Council support of the library museum and will assist in the fundraising efforts for the project, it is the wish of Council to have these funds designated for the construction of the library museum facility. It is the intent of this resolution that City Council direct the City Manager to place the rental income derived from leasing this property into a 1 reserve account. The funds in this account will accrue throughout the fundraising and development phases of the project. Additionally, funds in this account will be available for development and construction of the project as directed by the City Manager. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: Council approves Resolution 2007- /A / Authorizing the City to direct rental income from Lots 1 through 6, Block 8 ORIGINAL TOWNSITE OF SEWARD, ALASKA in the amount of $500 per month into a reserve account for the development and construction of the Seward Community Library Museum. 63 CITY OF SEWARD, ALASKA ° fir RESOLUTION 2007 -121 suj a THE CITY OF SEWARD, ALASKA 6 4_ Clark Corbridge, Mayor AYES: Dunham, Valdatta, Bardarson, Amberg, Kellar, Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: Johanna DollerhiTe, CMC Acting City Clerk (City Seal) � ' ' ocpRp6 � r Fo 4 •� ,,,,.. ©_`i SEAL • • G P "v/t/4, 1 �9,~ 4. • ,. ; - 98881 P 1 j 69 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A REPAYMENT SCHEDULE FOR THE GENERAL FUND TO REPAY THE ELECTRIC ENTERPRISE FUND $1,889,765 IN CONTRIBUTIONS MADE SINCE 1996 FOR HOSPITAL AND SMIC SHORTFALLS, AND APPROPRIATING 2011 REVENUE SHARING FUNDS IN THE AMOUNT OF $226,846 TOWARD REPAYMENT WHEREAS, the City of Seward's electric enterprise fund has been tapped repeatedly over the period since 1996, to assist with covering deficits in the Seward Marine Industrial Center enterprise fund (SMIC), due to the inability of that fund to generate revenues sufficient to cover required bond payments, as well as to assist with the costs of closing Seward General Hospital in 1996; and WHEREAS, numerous City Councils made decisions over the years to tap the electric fund for these contributions due to the then -new condition of the electric transmission line (upgraded in 1995), the level of reserves on hand in the fund at the time, and the fact that contributions to assist with the closure of the hospital and the extinguishment of the SMIC debt would have required an increase in taxes or a decrease in City services, which the Councils did not find to be in the public interest; and WHEREAS, the electric enterprise fund has not made any such contributions since 2006, and given the growing list of deferred maintenance projects and the dwindling level of enterprise fund reserves, the City Council desires to have the General Fund begin to repay the costs that were more properly the responsibility of the General Fund; and WHEREAS, the total of the amounts withdrawn from the electric utility since 1996 for these purposes total $1,889,765; and WHEREAS, the City of Seward will receive $226,846 in State revenue sharing for FY2011, which was not included in the City of Seward 2011 Budget due to the uncertainty of the funding during the budget preparation process; if received, revenue sharing, was originally intended to be utilized for the purpose of funding General Fund - related capital needs, but the City Council prefers to utilize it to apply toward repayment of the indebtedness to the electric enterprise fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby establishes an indebtedness from the General Fund to the Electric Enterprise Fund in the amount of $1,889,765 for the purpose of repaying contributions made by the electric fund toward SMIC deficits and the closure of Seward General Hospital. TO CITY OF SEWARD, ALASKA RESOLUTION 2010 -083 Section 2. State revenue sharing for FY2011 in the amount of $226,846 is hereby accepted into the State revenue sharing account no. 1 01 - 0000 - 4350 -0140 effective January 1, 2011, and is appropriated to the electric enterprise fund account no. 501- 0000 - 3070 -0101 to be applied to repayment of the abovementioned debt for 2011. Section 3. The remaining indebtedness in the amount of $1,662,919 is intended to be repaid over a 15 -year period (first payment in 2012) in annual increments of $110,861, as approved by the Seward City Council in each year's budget. To the extent funding is not made available in a single year, the payment period will be extended until such time as the debt is extinguished. Section 5. This resolution shall take affect immediately upon its adoption, with the appropriation contained in Section 2 above to be effective for 2011. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13` day of September, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 71 COUNCIL AGENDA STATEMENT H of sets. Meeting Date: September 13, 2010 Through: Phillip Oates, City Manager From: Kristin Erchinger, Finance Director 0 4 1.AS P lop Agenda Item: Establishing Indebtedness from General Fund to Electric Fund to repay contributions made on behalf of Seward General Hospital and SMIC since 1996 BACKGROUND & JUSTIFICATION: The City of Seward's electric utility constructed a new transmission line in 1995. In 1996, the Seward City Council was asked to contribute $214,502 toward the closure of the Seward General Hospital because the General Fund lacked sufficient reserves to pay the costs, and the City Council preferred to utilize electric fund reserves rather than to raise taxes or implement service cuts to pay the cost. Since 1996, the decision was made six times (1999 -2002, 2005, 2006) to utilize electric fund reserves to cover shortfalls in the SMIC enterprise fund which did not generate sufficient revenues to pay general obligation bonds on dock infrastructure. During the time that decisions were made to utilize electric fund reserves, the electric fund was considered to be healthy, with sound infrastructure and sufficient reserves to cover the contribution costs without significant adverse impact to the utility. In recent years, circumstances have changed in the electric enterprise fund. One more than one occasion, the utility has absorbed utility rate increases from Chugach Electric Association which were not passed on to the utility's customers. As fuel prices rose, the City Councils hesitated to add even higher rates to utility customers, many N whom were struggling to pay higher heating fuel costs. This failure to pass along cost increases, along with a reluctance to increase utility rates periodically to cover increased costs associated with inflation, has resulted in a systematic depletion of utility reserves. Add to that the fact that the utility has experienced significant costs associated with replacing electric generators and constructing a new generator building and automated controls, as well as a growing list of maintenance needs such as right -of -way clearing and system upgrades, and this has led to the current situation where the utility is struggling to reverse the downward trend in reserves. The Seward City Council desires to establish an indebtedness between the City's General Fund and the electric fund, to enable the electric fund to recoup the contributions it has made to SMIC and the hospital. In total, the contributions from 1996 to present total $1,889,765. In addition, the City Council has expressed a willingness to utilize FY2011 State revenue sharing funds in the amount of $226,846 toward repayment of this indebtedness, leaving the balance of $1,662,919 to be repaid over a period of 15 years beginning in 2012, in annual increments of $110,861, subject to appropriation. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, and City Council Rules of Procedures. FISCAL NOTE: The State's revenue sharing payment will be booked as 2011 revenues in the General Fund, and will be transferred out of the General Fund into the electric fund in 2011 to begin repaying the indebtedness. The annual repayment of $110,861 from the General Fund to the electric fund will be programmed into the proposed 2012/2013 budget. 62 y CITY OF SEWARD RESOLUTION 2010 -©$3 Approved by Finance Department: 44 '(Atiti: .4 RECOMMENDATION: Council approve Resolution 2010 -83, establishing an indebtedness from the General Fund to the electric fund, authorizing a transfer of State revenue sharing funds to the electric fund, and establishing a plan for repayment of said debt at the rate of $110,861 per year over a period of 15 years. p -,- i City of Seward, Alaska City Council Minutes August 23, 2010 Volume 38, Page CALL TO ORDER The August 23, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Sergeant Doreen Valadez led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Linda Amberg Vanta Shafer e.. Tom Smith Marianna Keil comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — Robert Valdatta CITIZENS' COMMENTS. ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Shafer) Approval of Agenda and Consent Agenda Motion Passed Unanimous The following was added to the agenda: A discussion on budget timelines during reading of the City quarterly report. The minutes were pulled from the consent agenda. The clerk read the following approved consent agenda items: Resolution 2010 -077, Authorizing The City Manager To Accept A 2009 Assistance To Firefighters Grant In The Amount Of $69,909 And Contribute The Required Grant Match Of $3,679 For The Purchase Of New Mobile And Portable Radios, Flow Testing Equipment For Self- Contained Breathing Apparatus And Training, And Appropriating Funds. 4 City of Seward, Alaska August 23, 2010 City Council Minutes Volume 38, Page `` SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Memoriam was read for U.S. Senator Ted Stevens. A Proclamation was read for The Alaska Army National Guard Senior Leaders Conference. City Manager's Report. City Manager Phillip Oates listed two he approved between $10,000- $50,000. On the Z -float project, a purchase order had been issued to M.L. Foster for $48,312.00 for waterline abandonment and replacement water design for Marina Subdivision. The SMIC Enterprise fund had purchased Travelift Cable & Chime Pads for the 250 ton Travelift at a total cost including freight of $15,659.98. The City had obtained three quotes for this item. Oates asked people to view "Bits of History" on Seward City News which featured the history of three prominent trees living in the downtown area and broadcasted Seward's history. Harbor. AML /JIA evaluated and investigated damage done to the south face of T -dock. This damage included broken piling, a split support beam, and bent ladder. The harbor was estimating the cost to repair the damage and would bid the repair this winter. Breakwater rock placement for the East Breakwater extension was scheduled to begin the first week of September, and staff was working on final design for the security (Z) float. The floats should be installed and available for moorage July 2011. > Community Development Contractor selection criteria for the Library /Museum project was distributed to council on August 16,;2010 and the project executive committee would meet with the design team to work on modification of the design to remain within budget. The Summit on addressing navigability, ownership and gravel mitigation would be held in Seward October 8, 2010. > Public Works. ` Fence repairs on the Lowell Creek fence were started, and door and window bid packages for the EECBG Grant were finalized and electric light sensors installed in the public restrooms at the harbor. Coast Guard Building relocation was moving forward with an aggressive timeline to complete prior to October, 2011. Oates stated emergency sidewalk repairs would resume after inclement weather and the 3` Avenue sewer line was damaged, identified and a strategy was in place to fix the pipe. > North Forest Acres Levee transmission line. Oates read the selection and scoring criteria for the RFP to be put out for the transmission line. Mayoral Report. Mayor Willard E. Dunham stated he had a good meeting in Kodiak at AML. He received numerous requests from other Mayor's to see the lawsuit; Resurrection Bay Conservation Alliance vs. City of Seward. Some interior cities wished to become involved. He was pleasantly surprised by the interest shown and thought the City would get some help with this ` lawsuit. Dunham would continue to talk with the National Park Service to remove the old Solly r ' �. rmrr City of Sewarcl Alaska City Council Minutes August 23, 2010 Volume 38, Page building. He had an idea to possibly renovate the old Harbor Dinner Club building to hold small conventions and have it ran by the hotels. Dunham mentioned he was invited to speak at RDC about the city's lawsuit on stormwater contamination. In response to a question about PERS, Finance Director Kristin Erchinger answered political subdivisions pay the first 22% for PERS employees. The states way of making sure employers would get ways to get out of paying their 22% share. This was to close loopholes. Concerned municipalities would take numerous positions. She would get some more definitive information. Other Reports, Announcements and Presentations A Presentation Was Given By Sales Representative Sheila Berru, re: Novinium Injections, Product To Inject Into Underground Power. Lines. OTHER NEW BUSINESS The words "the Alaska Sealife Center" were added and the August 9, 2010 Special and Regular City Council Meeting Minutes Were Approved. Discussed and approved the tentative timeline and procedure for the hiring process for the city clerk position. Council wished to interview the Deputy City Clerk for the position first, and if she was hired, then advertise for the Deputy, City Clerk position. Discussed Mayor Dunham going on a trade mission to Seoul Korea in October 2010. INFORMATIONAL ITEMS AND REPORTS (No action required) City Quarterly Budget Report eliding June 30, 2010. Council approved a desired budget strategy and timeline to address next year's budget. Providence June Financials. City Clerk Records Management System Project Update. Mayor Dunham letter to Superintendent Mow re: Mary Lowell Center. Mayor Kim Chung -Seog from Yeosu Korea letter to Mayor Dunham COUNCILS' COMMENTS Shafer wanted to discuss improving snow removal for downtown this coming winter. Smith represented the City at Senator Ted Stevens' funeral. He stated it was a very impressive service for a very unique man. Smith did not think Alaska and the U.S. Senate would see another one like him and noted everyone in Alaska owed that man something. t, is 4 1,1 City of Seward, Alaska August 23, 2010 City Council Minutes Volume 38, Page Keil talked to the Chamber and stated Candidates night would be the end of September. Bardarson congratulated the winners of the Salmon Derby and thanked the Chamber of Commerce and their many volunteers. Dunham also thanked the Chamber and volunteers for the successful Salmon Derby. He thought the city had received bad press over the water rate hike. He pointed out the system didn't stop because the system was shut off, and that the rate increase wasn't as big of a jump as stated at the last council meeting. Dunham stressed the cost of the infrastructure and s stem still had to be paid for He wanted to know if someone could tell him the community costs of DUI's. CITIZENS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 8:55 p.m. Jean Lewis, CMC Willard E Dunham City Clerk Mayor (City Seal) i 6 b v. Jean Lewis From: Phillip Oates Sent: Wednesday, September 08, 2010 8:58 AM To: Jean Lewis Cc: Christy Terry; Kris Erchinger Subject: FW: Availability Jean, Please include this information from Christi Bell in the 13 September packet to facilitate our discussion about scheduling an Economic Development Town Hall Meeting. Thanks. Phillip From: Christi Bell [mailto:ancab5 @uaa.alaska.edu] Sent: Wednesday, September 08, 2010 8:41 AM To: Phillip Oates Subject: RE: Availability Hi Phillip, On September 13th I will be in Petersburg facilitating a meeting for Southeast Conference. I won't be back up to Anchorage until the afternoon of the 15th. am available between November and February to participate as a facilitator in meetin s. That said, I already have around a week to two per each of those months booked up so wou pre er to o block dates in my calendar sooner than later so as not to say yes, and then not be available. MV daily rate is around $700 plus expenses. That said, I am very interested in working with the City of Seward on this project and have some flexibility. iwe were having evening meetings and given the time of year I would definitely require lodging and fuel coverage at a minimum. As for assistance, it largely depends on your overarching goals for having these meetings. I think I have a good feel for what you want to accomplish, but would want to have a candid conversation with yourself and interested council members and potentially even key members of your staff to tighten goals down and establish realistic expectations from the beginning. I've seen how this process can actually cause more harm then good when not all council members are on the same page and /or if businesses think something is going to happen and then it doesn't. Based on my current understand of goals I think the first piece of assistance is identi the committee (public /private) that will take the leadership role relating to these meetings. Following that I can facilitate a meeting among this smaller stakeholder group and we can reach some consensus as to expectations, roles and responsibilities. Hope this helps! Christi Christi Bell Director UA Center for Economic Development 4500 Diplomacy Drive, Anchorage 9/8/2010 Phone: (907) 786 -5444 Fax: (907) 786 -5446 http://ced.uaa.alaska.edu snail mail: 3211 Providence Drive, 507G Anchorage, AK 99508 From: Phillip Oates [ mailto:poates @cityofseward.net] Sent: Tuesday, September 07, 2010 5:42 PM To: 'Christi Bell' Cc: Jean Lewis; Suzi Towsley; Kris Erchinger; Christy Terry Subject: Availability Hi Christi, We are going to discuss the scheduling of our Economic Development Town Hall Meeting at the Council Meeting on September 13. I know that some on the Council would like for you to come and facilitate the meeting. Are you available during the November through February time frame to facilitate or participate in such a meeting? What is your fee for such a service? And what assistance should we be prepared to provide? Thanks. Phillip Oates, DBA City Manager City of Seward 907 - 224 -4012 r . , q 9/8/2010 �,e ats Fay SEWARD SQUADRON ,is' - ; w 4t14 o * ALASKA WING, CIVIL AIR PATROL _ � 4f <; AUXILIARY OF THE UNITED STATES AIR FORCE ` � rid Y PO BOX 716 • SEWARD, AK 99664 -0716 OFFICE 907 224.3000 • FAX 907.224 71 ` � ASR Rt August 10, 2010 Dear friends of the Civil Air Patrol, The Seward Squadron appreciates the support we have received from the community over the years. We continue to work to be a viable and ready resource to respond to search and rescue emergencies, as well as other missions involving public safety and homeland security. We have been making progress on our new addition to our hanger - a new operations center. This large room will be a significant asset on the "east side" of the Kenai Peninsula, and will include new radio communication capabilities to interface with other emergency response organizations, meeting space. and current electronic equipment to aid in training, teaching, and actual emergency operations. stud There is a currently a strong interest from several young people (and their parents) for Seward Squadron to re -build our cadet program. This is another goal we hope to achieve soon. Recently we were visited by a former Seward Squadron Cadet who is now at West Point. His experience in Civil Air Patrol is now helping his career and education. Please support your local CAP squadron with a tax deductable donation, and/or volunteer your time to help the Civil Air Patrol. Your donations help us maintain flying proficiency and technical skills that help keep our community safe. We look forward to inviting you to our open house when we finish our new operations center in the very near future. With sincere thanks, Capt. Brandon Anderson Seward Squadron Commander f V 1 11 0 0 4, 4_ , -- cif ,-, CAP is a 501(0(3) private, non- profit corporation: Tax ID #75- 6037853 N R R A 16 2010 RECEIVED Ocean Research & Resources Advisory panel AUG A United States Federal Advisory Committee OFFICE OF THE CITY CLEugu•. 9, 2010 Mayor Willard E. Dunham City of Seward P.O. Box 167 Seward, Alaska 99664 Dear Mayor Dunham: On behalf of the officers and members of the Ocean Research and Resources Advisory Panel, I want to thank you for the gracious welcome to your wonderful city as we initiated our 27 -28 July 2010 meeting. ORRAP enjoyed the opportunity to learn about Seward and the treasures it offers visitors, including the first -rate Alaska SeaLife Center. Your participation at the meeting was a particular privilege, and we thank you for taking time out of your schedule to be with us. ectfully and with best wishes, Paul G. affney II Vice Admiral, U.S. Navy (Ret.) Chair, ORRAP National Oceanographic Partnership Program Ocean Research & Resources Advisory Panel A U.S. Federal Advisory Committee 1201 New York Avenue, NW, Suite 400 Washington, DC 20005 phone: 202.448.1222 • fax: 202.332.9751 •email: bchicoski @OceanLeadership.org 81 . Arr/viuANLICASKA IPAL LEAGUE 807 G Street, Suite 356 Anchorage, AK 99501 CIA JOINT INSURANCE 907.258.2625 F907.279.3615 Toll Free in AK 1.800.337.3682 I.k \,∎..nhl : a.0r, , ASSOCIATION, INC. August 17, 2010 RECEIVED Mayor Williard Dunham and AUG 19 2010 Seward City Council OFFICE OF THE P.O. Box 167 CITY CLIRK Seward, Alaska 99664 Dear Mayor ` v`illard, Thank you and the City of Seward for your terrific hospitality July 25 -27 for the AMLJIA's summer board meeting. Naturally, the Police Department was instrumental in helping us deliver the Skid Car training to Seward PD, but they were also helpful in allowing the AMLJIA board, staff and guests to take a turn behind the wheel. After Public Works had swept the parking lot, the police department helped ensure that Spring Creek Correctional Center was on board with us using it for our own demonstration. Also, Chief Clemons allowed us to use his personal barbeque to provide burgers for the guests. Sgt. Doreen Valadez, her husband Manny, transported the barbeque as Well as tents provided by the Parks and Rec Department. Finally, Dave Squires delivered tables and , folding chairs to us. It was a great team effort! Thank you! I particularly enjoyed reading the Official Certificate of Welcome to the board. Thank you all for that! It helped make u's feel special. This was the second time that the AMLJIA board met in Seward. The first was 1993. It helps demonstrate how long the city has been a valued member of the program. Again, thank you! Cordially, K ____,.,\ ,..... , Kevin Smith Executive Director / . 1 . Randy Romenesko AMLJIA Chairman . Thank yOU .aO T ECT . 82 A service of the ALASKA MUNICIPAL LEAGUE t Pr�bBr<2010 u September 010 k �i S A7 4f St Y 12 5 67, 8 10111213141516 10 11 3 4 5 6 8 :9 121 ,,- 19 20 21 22 23 24 25 17251920212223 26 27 2829 30." 24 26 2728,29 30 31 Monda ?uesde ed nescia E � ;Chursda � : €Ends Sa Sun PACAB Meeting- Canc ? :� '��s r 9 ' .ate .AZ, � � '� i`�•°.` � :5' `' i<` 3 s � ',%r `# � � ��'� •k` Labor l)a Offices Oo ' „ a,�a Ad Hoc ry .r ° . o v ` ... 1? D Hoc Committee .! �•� ax• a Committee Meeting Meeting . 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