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HomeMy WebLinkAbout04142014 City Council Packet Seward City Council Agenda Packet H t ste di April 14, 2014 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA MIAMedcany Ark ttl t {Please silence all cellular phones and pagers during the meeting} 660, 14v-3-4-• April 14, 2014 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2014 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards Council Member Term Expires 2015 1. Sexual Assault Awareness Month Pg. 4 2. Proclamation for Dallas Seavey, winner of the 2014 Iditarod Dale Butts Sled Dog Race Pg. 5 Council Member 3. Gold Pan for Sandie Roach' for 10 years of service on the Term Expires 2014 Planning and Zoning Commission Iris Darling B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2015 D. City Attorney's Report *Appointment E. Other Reports and Presentations Expires 2014 1. City Council Travel Report by Mayor and Vice Mayor on James Hunt legislative trips to Washington, DC and Seattle, Washington City Manager 2. Planning and Zoning Commission Quarterly Report Johanna Kinney City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda April 14, 2014 Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring Public Hearing 1. Resolution 2014-030, Amending The Harbor Tariff By Establishing Rates For The Vessel Wash Down Pad At The Seward Marine Industrial Center (SMIC) Pg. 6 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2014-001, Amending Section 7.10.315 Of The Seward City Code Relating To Payment Of Transient (Guest) Moorage Pg. 11 *2. Ordinance 2014-002, Amending Portions Of Seward City Code §15.10.140 (B) Specific Definitions And §15.10.225 Land Uses Allowed Table Affecting Storage Containers And Temporary Structures Pg. 21 B. Resolutions *1. Resolution 2014-031, Amending The Legal Services Agreement Between The City Of Seward And The Law Firm Wohlforth, Brecht & Cartledge Pg. 29 2. Resolution 2014-032, Authorizing The City Manager To Accept Additional Grant Funds From The Alaska Division Of Homeland Security And Emergency Management In The Amount Of$33,145 Plus Reallocate $8,160 For Purchase Of Communications Equipment, And Appropriating Funds Pg. 33 3. Resolution 2014-033 Contracting With First Student For Operation Of The Seasonal Seward Shuttle Bus Service In An Amount Not To Exceed $245,415, And Appropriating Funds ..Pg. 41 4. Resolution 2014-034, Accepting A Grant In The Amount Of $1,834.75 From The Alaska Highway Safety Office For The DUI High Visibility Enforcement Campaign During The 2014 Enforcement Period Of March Through September, And Appropriating Funds Pg. 56 C. Other New Business Items *1. Non-objection to the new Brewpub Liquor License for Seward Brewing CoPg. 59 *2. Approval of the new Restaurant/Eating Place — Public Convenience Liquor License for Seward Brewing Co Pg. 66 *3. Non-objection to the Beverage Dispensary — Tourism Liquor License Renewal for the Breeze Inn Pg. 76 *4. Approval of the February 24, 2014 Regular City Council Meeting MinutesPg. 81 *5. Approval of the March 10, 2014 Regular City Council Meeting Minutes Pg. 88 6. Reschedule the Work Session with the Friends of the Jesse Lee Home Pg. 94 City of Seward, Alaska Council Agenda April 14, 2014 Page 2 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. National Libraries Week Recognition .Pg. 95 B. April is Bear Awareness Month ..Pg. 96 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go Into Executive Session And Give Direction To The City Attorney Regarding Potential New Agreements Or Contract Changes To The Ground Lease And The Maintenance And Operating Agreement Between The City And Seward Ship's Drydock Related To A Potential Transfer To Vigor Industries. 15. ADJOURNMENT City of Seward, Alaska Council Agenda April 14, 2014 Page 3 PROCLAMATION WHEREAS, every person has the right to live free from fear and harm; and WHEREAS, sexual abuse violates an individual's dignity, security, trust, and privacy and affects men, women, and children from all backgrounds across Alaska; and WHEREAS, nationally, six percent of men and 19 percent of women have reported experiencing forced sex at some point in their lifetime; and WHEREAS, in Alaska, 37 percent of women have experienced sexual violence in their lifetime; and WHEREAS, victims of sexual abuse often endure lasting emotional, psychological and physical scars throughout their lifetime; and WHEREAS, with dedication, leadership, and education we can successfully reduce sexual violence in Alaska; and WHEREAS, all Alaskans should be willing to intervene in a situation, either before, during or after it occurs, and should report any suspicions they may have; and WHEREAS, one safe, concerned, and supportive adult can make all the difference in the life of a victim of sexual assault. NOW, THEREFORE, I, Jean Bardarson, Mayor of the City of Seward, Alaska, do hereby proclaim April 2014 as: Sexual Assault Awareness Month in Seward, and ask that all citizens take a stand against sexual assault in our community, provide support to victims and survivors, and demonstrate respect and dignity for our citizens to end the cycle of violence. DATED this 146 day of April, 2014 The City of Seward, Alaska Se Rua! Assault Awareness Month Jean Bardarson, Mayor PROCLAMATION WHEREAS, the Seavey family has been instrumental in creating and promoting dogsledding throughout Alaska and the world; and WHEREAS, Dallas Seavey is the son of Mitch Seavey, who was the 2004 and 2013 Iditarod Champion, and is the grandson of Dan Seavey, one of the original founders of the Iditarod Race; and WHEREAS, in 2012, at just 25 years old, Dallas won the Iditarod for the first time and became the youngest person in history to win the race; and WHEREAS, in the final miles of the 2014 race, Dallas and his seven dog team swept past four-time champion,Jeff King, and dogsledding rival Aliy Zirkle, who was hot on his heels and only two minutes behind; and WHEREAS, on March 11, 2014, Dallas Seavey won the Iditarod Championship for the second time and set a new record by finishing in 8 days 14 hours and 9 minutes. NOW,THEREFORE, I, Jean Bardarson, Mayor of the City of Seward, Alaska, do hereby declare Dallas Seavey as the 2014 Iditarod Champion and acknowledge his and the Seavey family's many contributions to the Iditarod Race and dog sled racing in Alaska. DATED this 14th Day of April, 2014 THE CITY OF SEWARD, ALASKA 4' 3 = 14 -, • , • *".` 9 • . , Jean Bardarson,Mayor 'IA" 5. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE HARBOR TARIFF BY ESTABLISHING RATES FOR THE VESSEL WASH DOWN PAD AT THE SEWARD MARINE INDUSTRIAL CENTER(SMIC) WHEREAS,the City of Seward completed the construction and installation of a pressure washing pad at the Seward Marine Industrial Center in October 2013; and WHEREAS, the purpose of the new facility is to contain, treat and recycle potential chemical contaminants; and WHEREAS, no rates have yet been established for the use of the wash down pad; and WHEREAS, after consulting with the Port and Commerce Advisory Board and future users of the facility new rates have been proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 265 of the Port & Harbor Tariff Regulations entitled 250-Travelift Fees be amended as follows: Strikeout= delete Bold Italics=new 265 250-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250-ton Travelift shall be THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS ($346.50) for the first hour of use or any portion of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is ILO CITY OF SEWARD, ALASKA RESOLUTION 2014-030 scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional TWENTY-ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours of Lift. For use of a lift in excess of one (1) hour, a fee of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS ($ 346.50) per hour shall be charged. This charge shall be assessed in not less than fifteen (15) minute increments of EIGHTY-SIX DOLLARS AND SIXTY-THREE CENTS ($86.63) and shall be generated per one-quarter (1/4) hour or any portion of time less than one-quarter (1/4) hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of THREE HUNDRED FORTY-SIX DOLLARS AND FIFTY CENTS ($346.50) per hour. (c) Wash Down Pad Fee (1) Pressure washing shall only be performed on the wash down pad. The work will be performed by private personnel- either vessel owners and crew or licensed and insured vendors. (2) Iffor whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the customer that the facility can be used at another time. (3) The straight time rate for using the pad is $2.50 per foot per hour. There is a one hour minimum. Additional time over the first hour will be billed in 15 minute increments. Section 2. This resolution shall take effect ten days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of April, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor Agenda Statement ' 0c Sew Meeting Date: April 14, 2014 y►.:4"4"«. To: City Council P LASS Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Establishing rates for boat washing BACKGROUND & JUSTIFICATION: In October 2013 the Wash Down pad at SMIC was completed. The Administration developed a list of rates and rules that were vetted at a PACAB meeting during 2013. However, the rates have not yet been approved and placed into the harbor tariff. The proposed rates are $2.50 per foot (of vessel length) per hour compared to a rate of$6.30 per foot per hour for hauling out and launching a 55-foot vessel. The difference in the two rates can be explained by the fact that the lift will already be warmed up and in service during the washing process. Furthermore, the proposed wash rate does not include the labor to operate the pressure washers. Customers and private contractors will perform the washing in most cases. If the harbor staff is called on to perform the washing, standard labor rates would be charged. INTENT: To establish rates for pressure washing vessels at SMIC. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Continue to support, 1. promote, enhance and develop harbor facilities to accommodate X Seward's growing demand for marine transport facilities. (page 33) 2 Strategic Plan (document source here): Seward Marine Industrial Center X Development Plan 3. Other (list): X FISCAL NOTE: The Wash Down Pad was built almost entirely with grant money. The annual operating revenue is estimated at$10,000 with operating expenses of$5000. Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: To approve Resolution 2014- to amend the Port and Harbor Tariff Regulations to add section 265 (c)Wash Down Pad Fee. SMIC Vessel Wash Down U���=8 �n�ww�� � ����N ����NU U�����° . �-��� Rates and Rules ��°=�~~.= =~° v�� ����N~�= Updated 3/12/2O14-2/l1/2Ol4-2/4/2Ol4—I/2/2O14--ll/4/ID13-10 DRAFT ]/2g/3Ol3 I. The purpose of the system is to clean boat bottoms and to collect harmful chemicals and/or invasive biological species. 2. No pressure washing will be allowed in the SMIC boatyard other than on the pad. The only exception will be boats that are hauled out on the shiplift. 3. The harbor workers will set up the wash water recycling system and two diesel pressure washers at the pad. 4. The pressure washing will be performed by private personnel- either vessel owners and crew or licensed and insured vendors (such as Storm Chasers, Raibow, Seward Ships Dry. Dock, etc.). 5. The vessel owner can determine how thoroughly they want to perform the job with a 60 minute minimum. (30 minutes is about how long it takes to set up and later put away the equipment, but the vessel won't be charged any extra for that time). Additional time over the first hour will be billed in 15 minute increments. G. The Harbormaster, or his designee, shall have the authority to waive the mandatory pressure washing requirement. For example, a vessel owner may request a waiver for hauling out and hanging in the boat lift slings for short in and out jobs such as: prop repair, shaft vvorkc stuffing box, and inspections. Each such request will be evaluated by the Harbor staff. 7. If the vessel owner asks to wash the entire boat bottom, including beneath the slings of the boat lift, the Harbor staff has blocks for that purpose. The Harbor workers will carefully set the boat's keel on blocks during the pressure washing operation. Q. The pressure washing equipment is portable. When it is not being used it will be stored inside away from freezing weather. During severe or extended freezing weather the Wash Down pad may be temporarily or seasonally shut down. (More than 70%of haul- outs occur between May and October). 9. If for whatever reason, the wash down system is not useable, the Harbor may issue an assurance to the customer that the facility can be used at another time (rain check) and at the hourly rate stated below. A rain check will include 30 minutes of time, off the clock, to account for the time to lift the boat, move it to the pad, and re-block the boat, in the yard, at the end of the wash. 10. Vessel personnel must remove all debris scraped/washed off of vessels and properly dispose of debris. (:) 1111■•■ Rates Wash-down Pad rate is $2.50 per foot per hour. Rain check rate is $2.50 per foot per hour. If additional cleaning of pad is necessary by Harbor staff, the City of Seward hourly/OT labor rates apply. \ C) Sponsored by: Port and Commerce Advisory Board Introduction: April 14, 2014 Public Hearing: April 28, 2014 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2014-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 7.10.315 OF THE SEWARD CITY CODE RELATING TO PAYMENT OF TRANSIENT(GUEST) MOORAGE WHEREAS, the current ordinance regarding payment of monthly moorage for transient (guest) vessels in the harbor requires payment on a calendar month basis with no payments in arrears; and WHEREAS, the current ordinance can result in higher payments for transient (guest) vessels who arrive after the first day of a calendar month and must pay the daily moorage rate; and WHEREAS, the Harbormaster implemented new computer software in April, 2013 that now allows monthly moorage to be calculated and paid on a monthly basis from any date, not just the first day of a calendar month; and WHEREAS, the city welcomes all visitors and vessels, and would like to amend the Seward City Code to minimize the financial impact on transient vessels staying less than four hours and vessels arriving after the first day of a calendar month in the Seward Small Boat Harbor. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that Section 1. The definition of"Harbor tariff' in Section 7.10.135 of the Seward City Code is amended as follows: Strikeout=delete Bold Italics =new Harbor tariff "Harbor tariff' means the City of Seward Port and Harbor Terminal Tariff Regulations as approved by the City Council and amended from time-to-time. Section 2. Section 7.10.315(B) of the Seward City Code is amended as follows: Strikeout= delete Bold Italics =new CITY OF SEWARD,ALASKA ORDINANCE 2014-001 B. Assignment periods. The daily assignment period is 12:01 a.m. to midnight on the first calendar day of arrival in the harbor to midnight. 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, semi-annual, and annual terms. Monthly, semi-annual, and annual term transient moorage rates will be calculated from the closest of either date the City receives a completed Application and Agreement for Moorage. 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. Section 3. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 28th day of April, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1�, Council Agenda Statement Meeting Date: April 14, 2014 qn,OC sets. .F,,volt4o Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster 1CA—sY, Agenda Item: Transient (Guest) Moorage Payments BACKGROUND & JUSTIFICATION: The City Code and Tariff regarding payment of monthly moorage for transient(guest)vessels in the harbor requires payment on a calendar month basis with no payments in arrears. Therefore if a guest boater arrives in the middle of a calendar month the charges are based on the harbor's daily rates. The Harbor Department implemented new computer software in 2012 and 2013 that now allows monthly moorage to be calculated and paid on a monthly basis from any date, not just the first day of a calendar month. The City welcomes all visitors and vessels, and would like to amend the Seward City Code to minimize the financial impact on transient vessels mooring in the Seward Small Boat Harbor. In order to implement this change, City Code Section 7.10.315 needs to be modified plus Harbor Tariff section 205. In addition there is an inconsistent definition in the City Code that needs to be corrected. Another change to the tariff is to change 5 citations of permanent moorage to reserved moorage. INTENT: The purpose of Ordinance 2014- is to allow customers to pay in advance monthly fees beginning on any day of the month. The Ordinance will be introduced on April 14 and the Resolution and Ordinance will be scheduled for adoption on April 28. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Continue to support, 1. promote, enhance and develop harbor facilities to accommodate X Seward's growing demand for marine transport facilities. (page 33) Strategic Plan (document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) 3. Other (list): FISCAL NOTE: This change will be more fair to boaters and it should also eliminate some harbor staff hours devoted to sending letters and issuing account credits on this subject. It may result is some reduced moorage revenues, but the amount is insignificant. Approved by Finance Department: ATTORNEY REVIEW: Yes_X No RECOMMENDATION: Approve Ordinance 2014- u" making changes to Title 7 of the City Code. Sponsored by: PACAB CITY OF SEWARD,ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2014-03 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDMENTS TO SECTION 205 OF THE PORT & HARBOR TARIFF REGULATIONS RELATING TO SHORT-TERM VESSEL STAY AND PAYMENT OF TRANSIENT (GUEST) MOORAGE WHEREAS,the current tariff regarding payment of monthly moorage for transient(guest) vessels in the harbor requires payment on a calendar month basis with no payments in arrears; and WHEREAS,the current tariff can result in higher payments for transient(guest)vessels who arrive after the first day of a calendar month and must pay the daily moorage rate; and WHEREAS,the Harbormaster implemented new computer software in 2012 and 2013 that now allows monthly moorage to be calculated and paid on a monthly basis from any date,not just the first day of a calendar month; and WHEREAS,the City welcomes all visitors and vessels,and would like to amend the Seward City Code to minimize the financial impact on transient vessels staying less than four hours and vessels arriving after the first day of a calendar month in the Seward Small Boat Harbor. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 200 and 205 of the Port & Harbor Tariff Regulations entitled respectively Moorage and Moorage Rates are amended as follows: Strikeout=delete Bold Italics =new Table of Contents SECTION II-SERVICES AND CHARGES 200 MOORAGE 9 Outside the Small Boat Harbor Within the Small Boat Harbor (a) Assignment of Berths (b) Waiting List for Permanent Reserved Slip Assignment (c) Permanent Reserved Slip Assignments (d) Grace Period for Late Renewals (e) New Permanent Reserved Slip Assignment LA Port and Commerce Advisory Board RESOLUTION 2014-003 (f) Pennefient Reserved and Temporary(Transient) Slip Assignments (g) Notice Upon Arrival (h) Vessel Registration SECTION II - SERVICES AND CHARGES 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any other terminal facility,including the shiplift system,must use sufficient tugs so that vessels can be berthed or removed in a safe manner. Berthing speed shall not exceed sixteen feet per minute,unless approved by the Harbormaster. Within the Small Boat Harbor: (a) Assignment of Berths. The Small Boat Harbor is often congested and it is the policy of the City of Seward to provide for the maximum public use of available facilities. The Harbormaster shall have discretion to implement that policy. Berth assignments to particular slips on the City of Seward float system are made by the Harbormaster. Berth assignments are made to a particular combination of vessel and owner/operator,are not assignable by the owner/operator and automatically expire upon sale or transfer of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive right to occupy any particular slip. In order to maximize the public's use of existing facilities,it is common for the Harbormaster to temporarily assign vessels to slips normally used by another vessel when that vessel is out of the harbor. (b) Waiting List for Pcrmancnt Reserved Slip Assignment. Due to the demand for slips on the City of Seward float system,vessels will be assigned permanent reserved slips based on waiting lists maintained by the Harbormaster's office. Separate waiting lists shall be maintained for the following size floats: 17 feet(accommodates vessel 12 to 21 feet) 23 feet(accommodates vessel 22 to 26 feet) 32 feet(accommodates vessel 27 to 36 feet) 40 feet(accommodates vessel 37 to 44 feet) 50 feet(accommodates vessel 45 to 54 feet) 60 feet(accommodates vessel 55 to 64 feet) 75 feet(accommodates vessel 65 to 79 feet) 90 feet(accommodates vessel 80 to 94 feet) 100 feet(accommodates vessel 95 to 104 feet) 105 feet or longer-side tie only-up to 150 feet Assignments to a permanent reserved slip from the waiting lists shall be made year round by the Harbormaster based on the slip size available and the most senior name on the waiting list for that size slip. There is a fee of THIRTY ONE DOLLARS AND FIFTY CENTS($31.50)per year per listing on the waiting list(s)for a permanent reserved slip assignment. The wait list year runs November I through October 31. (c) anent Reserved Slip Assignments Port and Commerce Advisory Board RESOLUTION 2014-003 (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent reserved slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. (3) To maximize the use of the Small Boat Harbor, a permanently reserved assigned slip may be assigned to a transient vessel when the permanently reserved assigned owner/vessel is out of the harbor. (4) Upon the return of the permanently reserved assigned vessel to the Small Boat Harbor(provided proper notifications are given and based on harbor congestion and the difficulties involved in moving vessels), the Harbormaster will attempt to rearrange vessels so that a vessel with a permanent reserved slip assignment may berth at that assigned slip. (5) A vessel assigned a permanent reserved slip assignment must notify the Harbormaster when departing the harbor for more than five (5) days. If away from Seward for more than five(5) days, a permanently reserved assigned vessel should notify the Harbormaster of its intended arrival date and time back into the Small Boat Harbor. (d) Grace Period for Late Renewals.A permanent reserved slip holder who fails to renew by December 31 may renew prior to January 15 rather than relinquish the slip, provided that (1) all other permanent reserved moorage requirements are met,and the applicable transient rate is paid on or before January 15. (e) New permanent Reserved Slip Assignment. For a new permanent reserved slip moorage agreement entered into after January 1,the following rules and charges apply: (1) If the customer has already paid for transient moorage,the customer charges will be converted from transient charges to reserved tenant charges on the effective date of the slip assignment. The reserved tenant annual moorage fee shall be charged on a pro-rated basis and is due in full on the date of the slip assignment. (2) If the customer is new to the harbor and has not paid any moorage fees, the reserved annual moorage fee shall be charged on a prorated basis and is due in full on the date of the slip assignment. (3) As stated in paragraphs(e)(1)and(2)above,pro-rated basis shall be calculated by dividing the annual moorage amount by 12,and charging the new tenant 1/12t of the reserved annual tenant moorage rate per calendar month for the remainder of the calendar year. If a slip assignment occurs during a calendar month,the partial month will be charged the lesser of the daily rate or 1/12th the annual amount. (f) Permanent Reserved and Temporary (Transient) Slip Assignments. There are two types of slip assignments at the City of Seward Small Boat Harbor. The first is a permanently reserved assigned slip and the second is a transient slip. Reserved sSlips that are permanently-assigned to a boat/owner may be used for transient moorage when the permanently reserved assigned vessel is away from the slip. (g) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Those vessels which have received permanently reserved assigned slips should notify the 1 b Port and Commerce Advisory Board RESOLUTION 2014-003 Harbormaster's office twenty-four(24)hours prior to expected arrival to allow the harbor staff time to free the slip. If,despite reasonable efforts,the Harbormaster is unable to clear a peananently reserved assigned slip due to congestion, high winds or safety considerations, a vessel with a peed reserved assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Small Boat Harbor which have not,for any reason,received a berthing assignment by radio contact or otherwise shall be restricted to the following areas:west side of X float;south side of F float;L float;Rfloat; I dock; and T dock. If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is permitted to raft to a vessel already berthed. (h) Vessel Registration.All vessels must have a current registration form(Application and Agreement for Transient Moorage)on file with the Harbormaster.These forms must be filed immediately upon arrival at the Small Boat Harbor. However, vessels that arrive after normal Harbormaster office hours must register before 10:00 a.m.the following day. 205 MOORAGE RATES (a) Calculation of Moorage Rates. Moorage charges shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the berth. A vessel berthed at any time between 12:01 a.m. and midnight shall be charged a full day's charge.; provided "mot ` e The Harbormaster may, in his sole discretion •. . - ..- .. . ... .. advanse-noticer waive a daily charge rate for a vessel,provided that: (1) Notice is made in writing prior to mooring in the Seward Boat Harbor, (2) Vessel stay is no more than 4 hours, and (3) Harbormaster determines that congestion and use of the public facilities by others will not be adversely affected. The City of Seward retains the right,in its sole discretion,to determine whether a vessel berthed at any time will be charged a full day's charge. Moorage charges shall be calculated on the overall length of the vessel or the length of the float(slip) assigned,whichever is greater. (b) Automatic Annual Adjustment in Moorage Rates.All moorage rates shall be adjusted annually so as to be effective as of January 1st, to reflect the five previous published years' average increase in the Consumer Price Index,All Items, 1982-84=100 for all Urban Consumers,Anchorage,Alaska("CPI") as published by the United States Department of Labor,Bureau of Labor Statistics.Bills sent out prior to January 1st will reflect the upcoming January 1st adjusted rates.(For example,2014 rates reflect an increase based on the average CPI for 2007-2011). Overall length shall be construed to mean the linear distance,expressed in feet,from the most forward point at the stem to the aftermost part of the stern of the vessel,measured parallel to the base line of the vessel. The length shall include all hull attachments,such as bowsprits, dinghies,davits,etc. 11 Port and Commerce Advisory Board RESOLUTION 2014-003 For billing purposes,overall length of the vessel as published in"Lloyd's Register of Shipping"may be used. The City of Seward reserves the right to: (1) Obtain the overall length from the vessel's register,or (2) Measure the vessel. (c) Transient(Guest)Daily Rates.With the exception of vessel owner/operators who have paid an annual, semi-annual,or monthly fee in advance,all temporary or transient moorage charges shall be calculated on the daily rate. The daily rate shall be $0.70 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (21) Transient(Guest)Annual Rate.The Annual Rate shall be$52.23 per lineal foot. (32) Semi-Annual Rate.At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent (60%) of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6) calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Transient Moorage,and on or before the first day of any calendar month. The second installment is due on or before the first day of the calendar month six(6)months thereafter. (33) Monthly Rate. At the option of the vessel owner/operator,the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent (18%) of the annual rate established above.Each prepaid installment described in this Paragraph represents one(1) calendar month. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, . .. . ., _. _ :. . -.The succeeding payments are due on or before the first same day of the each succeeding calendar month . (d) Reserved Moorage Rates for Slip Assignments.Moorage charges shall commence on the date a slip assignment is accepted.Charges shall continue until the holder ceases to have a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntary or involuntarily relinquishment of the space.Prepayment of moorage is required.(See Appendix B for a listing of moorage rates according to vessel length): (1) The vessel owner/operator must complete an Application and Agreement for Reserved Moorage, in the form attached to this tariff. (2) Annual Rate. The vessel owner/operator has paid the annual fee based on the length of the vessel,or,the length of the slip,whichever is greater.The Annual Rate shall be$47.47 per lineal foot. (3) Semi-Annual Rate.At the option of the vessel owner/operator,the annual moorage fee may be paid in two equal semi-annual installments of sixty percent (60%) of the annual rate established above. Each prepaid installment described in this Paragraph represents six(6) calendar months. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for dent Moorage,and-en-er Port and Commerce Advisory Board RESOLUTION 2014-003 - - •. The second installment is due on or before the first same day of the each calendar month six(6)months thereafter. (4) Monthly Rate. At the option of the vessel owner/operator, the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent (18%) of the annual rate established above.Each prepaid installment described in this Paragraph represents one(1) calendar month. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, •- -• • •• -•••. •.The succeeding payments are due on or before the first same day of the each calendar month (5) All permanently reserved assigned berths are assigned on a calendar-year basis.Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay the annual moorage fee at the annual rate or in two semi- annual installments,each of which represents sixty percent(60%)of the annual fee due on or before December 31 of the preceding year and June 30 of the current year. A vessel owner/operator may also elect to prepay the annual moorage fee in twelve monthly installments, each of which represents eighteen percent(18%)of the annual fee due on or before December 31 of the preceding year and on or before the last day of each month of the current year. (e) Float Plane Fees.A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25)per day shall be charged for float plane berthing in the confines of the Small Boat Harbor. Section 2. This Resolution will be forwarded to the City Council for direction. Section 3. This resolution shall take effect on the same date as the corresponding City Code Ordinance. PASSED AND APPROVED by the Port and Commerce Advisory Board, this 2nd day of April, 2014. THE CITY OF SEWARD,ALASKA Deborah Altermatt, Chair AYES:Hughes, Linville, Oliver, Schaefermeyer NOES:None ABSENT: Jaffa, Fink, Altermatt ABSTAIN: None 1 °I Port and Commerce Advisory Board RESOLUTION 2014-003 ATTEST: Johanna Kinney, CMC City Clerk (City Seal) c; Sponsored by: Planning and Zoning Commission Introduction Date: April 14,2014 Public Hearing Date: April 28,2014 Enactment Date: April 28,2014 CITY OF SEWARD,ALASKA ORDINANCE 2014-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE §15.10.140 (B) SPECIFIC DEFINITIONS AND §15.10.225 LAND USES ALLOWED TABLE AFFECTING STORAGE CONTAINERS AND TEMPORARY STRUCTURES WHEREAS, the Planning and Zoning Commission has held several public work sessions on Temporary Structures and Storage Containers; and WHEREAS, the Planning and Zoning Commission finds the current Conditional Use Permit requirement for these uses excessive, when they are also governed by permit through the Building Department; and WHEREAS, it is in the public interest to maintain a City code that reflects community needs; and WHEREAS, at its March 4, 2014 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Title 15.10 of the Seward Zoning Code is hereby amended to read as follows: 15.10.140 Definitions. B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: (Deletions are ; Additions are Bold Italic Underline) 89. Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi-tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. . • •• • . • . . • • • ! . , . • • . . • • • • • • • . . • _. • _ ! • • . Containers, whether temporary or permanent, are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. (See Accessory use/Building, Building, and Structure) CITY OF SEWARD,ALASKA ORDINANCE 2014-002 Page 2 of 2 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires,. Table 15.10.225. - Land Uses Allowed Table (Deletions are Bold Strikethroughs; Additions are Bold Italic Underline) Districts: Principally Residential Principally Principally Commercial Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Storage, container PPP P Temporary Structure 66 ‘ ‘ GCC CC P P PP _ Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28th day of April, 2014. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement e of Meeting Date: Introduction: April 14, 2014 6.‘ v,7411 Public Hearing: April 28, 2014 *gOser'.; To: City Council Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC) §15.10.140 (B) Specific Definitions and §15.10.225 Land Uses Allowed Table Affecting Storage Containers and Temporary Structures BACKGROUND & JUSTIFICATION: The Planning and Zoning Commission held several public work sessions specifically reviewing the use of Storage Containers and Temporary Structures within the Seward City Code. The Building Department was also present to provide information and assistance on the building code requirements. The Commission determined the current City code to be excessive and too restrictive in requiring a Conditional Use Permit for Storage Containers and Temporary Structures when a building permit was also required. The recommendation is to remove the Condition Use Permit requirement. The Commission has recommended several changes and updates to SCC§15.10.140 Definitions and §15.10.225 Land Uses Allowed. At the March 3, 2014 meeting the Commission held the required Public Hearing and approved Resolution 2014-02 recommending the Council approve the attached Ordinance. The change restores in 93 Temporary Structures, the required removal language eliminated in Ordinance 2011-004 revised. The specific additions, deletions or changes are as follows: (Deletions are Bold Strilkethroughs; Additions are Bold Italic Underline) SCC§15.10.140 Definitions. B. Specific definitions. (Parenthetical references are for cross-reference only.)In this chapter,unless otherwise provided or the context otherwise requires: 89. Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi-tractor vans,shipping containers and connex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed,and the unit is located outside any setbacks. Containers are • : • • : ; ' • • • : • ! • • • • : • • : : • • " • : ; • • • : . • : _: ; ; ' • . Containers, whether temporary or permanent, are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. (See Accessory use/Building, Building, and Structure) 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires. SCC Table 15.10.225. - Land Uses Allowed Table (Deletions are Bold Strikethroughs; Additions are Bold Italic Underline) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Storage, Container C C C C 0 PPP P Temporary Structure C C C C C C C C CC PPPP PPP PP INTENT: Amend and update the City code regarding the use and construction placement of Storage Containers. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: (2020): 3.2 Land Use 3.7.3 Continue to improve the quality and efficiency of city 1. X governmental services. • Continue to revise and update the Seward City Code Strategic Plan (1999): Goals and Objectives 2 * Adjust local development regulations, where appropriate, to . X encourage development that is consistent with our economic base vision As per City Code §15.01.040 Public Hearings;the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. FISCAL NOTE: There is no financial burden to the City for this amendment. Approved by Finance Department: jatatA‘.1",{.4ki,„e c:D.(4 ATTORNEY REVIEWED: Yes: X No RECOMMENDATION: (5() Council introduce Ordinance 2014- - , on April 14, 2014 and conduct a public hearing and enact Ordinance 2014-002--on April 28, 2014 amending Portions of Seward City Code §15.10.140(B) Specific definitions and §15.10.225 Land Uses Allowed Table Affecting Storage Containers and Temporary Structures. Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2014-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD,ALASKA,RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE §15.10.140 DEFINITIONS AND §15.10.225 LAND USES ALLOWED TABLE; AFFECTING STORAGE CONTAINERS AND TEMPORARY STRUCTURES WHEREAS,the Planning and Zoning Commission held several public work sessions on Temporary Structures and Storage Containers,specifically to update,the Seward City Code;and WHEREAS,the Public Hearing notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2014- attached and incorporated herein by reference, be forwarded to City Council for approval, amending portions of Seward City Code §15.10.140 Definitions and §15.10.225 Land Uses Allowed Table. Section 2. This resolution shall take effect immediately dpod its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of March 2014. THE CITY OF SEWARD Cindy Inn.,Vice Chair Seward Planning and Zoning Commission Resolution 2014-02 Page 2 of 2 AYES: Shaffer,Coulter,Edgar,Ecklund NOES: None ABSENT: Fleming,McClure ABSTAIN: None VACANT: One ATTEST: • Jo anna '• -y,CMC Ci Clerk (City Seal) oie Cor•sfr., Ci..;%;,?F 1, i., •�� d t' i o .t..0 t � ! = r ti. of l�1 .aa:....•�� , J fl City of Seward,Alaska Planning Commission Minutes March 4, 2014 Volume 7,Page 70 New Business Items requiring a Public Hearing— Resolution 2014-02 of the Planning and Zoning Commission of the City of Seward,Alaska, recommending City Council amend portions of Seward City Code §15.10.140 Definitions and §15.10.225 Land Uses Allowed Table; Affecting storage containers and temporary structures Glenz explained the history of the work sessions related to the resolution. No public comments had been received regarding the proposed changes to the Seward City Code. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Bob Reisner, a resident outside the city, said he was speaking on behalf of a handful of residents of the city. There was an interest in painting murals on railroad cars placed near Airport Road and the Seward Highway, which could encourage owners of storage containers to make improvements. Reisner also said that the expense of a permanent structure might be too great for many property owners and business owners. Many shipping containers were outside of the city, but the appearance of the containers that were being used should be addressed,he said. Motion (Edgar/Coulter) Approve Resolution 2014-02 Edgar said he was not familiar with the history of the proposed Code change, but said he would be able to better understand issues in the future through his participation in work sessions and hearing public comment. Shaffer asked staff to explain the Land Uses Allowed Table and the proposed amendments. Glenz noted the zoning districts where the placement of storage containers was allowed, and the permitting required. She noted a Conditional Use Permit was an excessive requirement when a Building Permit was also required. Ecklund pointed out that the Land Uses Allowed Table was recently reviewed, but some issues remained with the use of containers for storage and the minimum setback required. Motion Passed Unanimous Unfinished Business—None New Business Items— Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF SEWARD AND THE LAW FIRM WOHLFORTH,BRECHT & CARTLEDGE WHEREAS, the City's law firm has been providing legal services to the City of Seward since February 23, 1993; and WHEREAS,the current member of the law firm serving as City Attorney or Lead Attorney Cheryl Brooking has withdrawn from the firm,and former City Attorney Eric Wohlforth is ready and able to replace her in that role. 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 hereby authorizes the City Manager to enter into Amendment No. 2 to the Amended and Restated Legal Services Agreement attached hereto. Section 2. This resolution shall take effect April 14, 2014. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of April, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) .W1 Agenda Statement 0.40 stk._ Meeting Date: April 14, 2014 Z■ v41"t‘,Zil ° To: Seward City Council vgAii`'f• 4ICA-0-0" From: Jim Hunt, City Manager Agenda Item: Recommending Approval of Resolution 2014-031, Amending the Contract with the City Attorney BACKGROUND & JUSTIFICATION: The law firm of Wohlforth,Brecht, Cartledge and Brooking has been providing quality legal services to the City since 1993. Cheryl Brooking, formerly of that firm,has ably performed the function of City Attorney, but has withdrawn from the firm effective April 10, 2014. Eric Wohlforth, former City Attorney, is ready and able to replace Cheryl Brooking in her role as City Attorney. No other changes in the City Attorney contract are proposed at this time. 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. FISCAL NOTE: No change in fees or fiscal effect will occur under the amendment. ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2014-031,authorizing the City Manager to enter into an amendment to the contract with the City Attorney. SO AMENDMENT NO. 2 TO AMENDED AND RESTATED LEGAL SERVICES AGREEMENT THIS AMENDMENT dated April 10, 2014 and effective April 14, 2014, is made between the CITY OF SEWARD (the "City") and the law firm of WOHLFORTH, BRECHT & CARTLEDGE (the "Law Firm"). 1. Paragraph 4 of the Agreement describing "Responsible or Lead Attorney" shall be amended by substituting Eric Wohlforth for Cheryl Brooking as City attorney or lead attorney in the initial sentence, and substituting "He" and "his" for "She" and "her" in the next sentence. 2. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with the terms as originally executed. CITY LAW FIRM CITY OF SEWARD WOHLFORTH, BRECHT & CARTLEDGE By By Jim Hunt, City Manager Eric Wohlforth, Officer ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 2) EXHIBIT A WOHLFORTH, BRECHT & CARTLEDGE BILLING RATES Attorneys (7 or more years experience) $195 Attorneys (Less than 7 years experience) $180 Paralegals $95 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT ADDITIONAL GRANT FUNDS FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE AMOUNT OF $33,145 PLUS REALLOCATE $8,160 FOR PURCHASE OF COMMUNICATIONS EQUIPMENT,AND APPROPRIATING FUNDS WHEREAS, in May of 2013 Motorola announced they would discontinue production of certain makes and models of portable radios, some of which are in use by the Seward Fire Department (SFD); and WHEREAS, the Seward Fire Department has been researching options for replacement radios but has not had funding to move forward; and WHEREAS,radio communications and interoperability are a critical part of day to day and emergency operations of the Seward Fire Department; and WHEREAS, grant funds are available through a reallocation of Homeland Security Grant Program Funds and our request for the purchase of new radios was awarded. 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 accept additional Homeland Security Grant Program (HSGP) Funds in the amount of $33,145 plus reallocate $8,160 previously appropriated for the Alaska Shield Exercise, for purchase of new radios. Section 2. Funds in the amount of$33,145 are hereby appropriated from State grant funds account no. 101-0000-4680-0200 to the Fire Department Capital Equipment account 101-1220-5930. Funds in the amount of$8,160 were previously appropriated via Resolution 2013-67,and are hereby reassigned for the purchase of new radios. Section 3. This resolution shall take effect upon approval by Council. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of April, 2014. Agenda Statement e of sett, 4CMeeting Date: 14 April 2014 To: City Council Through: Jim Hunt, City Manager From: Edward Athey, Fire Chief Agenda Item: Acceptance of reallocated and additional HSGP funds for the purchase of portable radios for the Seward Fire Department BACKGROUND & JUSTIFICATION: The Seward Fire Department utilizes radios for day to day as well as emergency communications. In May of 2013, we learned that production and customer support of certain models of mobile and portable radios was being discontinued. We have also been advised to expect a notice of discontinuation for production and customer support with reference to our remaining radios. In an effort to be proactive and transition our inventory to a currently supported model we have examined a new model of radio. These new radios range in price from$4,000 to$8,000 depending on options and programming. The goal is to transition to a currently supported model, while not only maintaining our current functionality but perhaps increasing it. The new radios we are exploring have been in use by a variety of emergency response organizations throughout our State and have received very positive reviews. One of the best features of these new radios is that they are waterproof! This is a highly desirable feature for our port community. We applied for reallocated Homeland Security Grant Program(HSGP)funds in the amount of$8,160 (funding not used for Alaska Shield Exercise), and were given those funds as well as an additional $33,145, for a total amount of$41,305 to purchase new portable radios for the Fire Department officers. INTENT: To accept reallocated and additional HSGP funds for the purchase of new radios thereby enhancing our mission of providing interoperable communications to our emergency responders. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other(list): Emergency Operations Plan Sec. 1-7, 3-1 and 4-27/28 X FISCAL NOTE: The City was awarded a grant from Homeland Security for$15,191 ($7,031 to purchase equipment for an alternative emergency operations center at Seward Mountain Haven and$8,160 for the Alaska Shield Exercise). The City did not utilize the Alaska Shield funding and instead,requested the funding be reallocated for the purchase of additional radios for emergency response. The granting agency has allowed the reallocation of$8,160 plus has awarded an additional $33,145 to the City for a total of$41,305 for the purchase of radio equipment. Approved by Finance: 444411-3 ATTORNEY REVIEW: Yes No X 0 31' RECOMMENDATION: Council approve Resolution 2014- accepting the reallocated HS GP funds in the amount of$41,305 for the purchase of new radios and appropriating funds. 3Lk Department of Military and THE STATE Veterans Affairs - - o.BLAB Division of Hoimeland Security and �af ;= Emergency Management t 1 _ P.O.Box 5750 GOVERNOR SEAN PARNELL JBER,AK 99505-0800 Main:907.428.7000 Fox:907.428.7009 www.ready.alasko.gov March 27,2014 Mr.James Hunt,Signatory Official City of Seward PO Box 167 Seward,AK 99664 RE: 2011 State Homeland Security Program,EMW-2011-SS-00053 State Grant No.: 11 SHSP-GR34076 Amendment#2, Effective.March 19,2014 Certified Mail#: 9171 9690 0935 0073 0276 66 Dear Mr.Hunt: Please find attached the award amendment for the City of Seward's 2011 State Homeland Security Program.This amendment reallocates$8,160 from the Exercise category and allocates an additional $33,145 to the Equipment category for approved projects.This category change is approved to best utilize funding for community preparedness activities.This amendment also extends the performance period until May 31,2014.The Final Report is due June 30,2014.All previous Grant Terms and Conditions,and Grant Requirements,Assurances and Agreements still apply. Attached are two pre-signed grant award obligating documents.Please review the information for accuracy,sign both obligating documents, keep one copy for your records,and return the other original within 30 days of jurisdiction receipt to: State Administrative Agency Point of Contact PO Box 5750 JBER,AK 99505 If you have questions or need further assistance,please contact the.Division Project Manager for this grant,Adrian Avey,at 907-428-7000,800-478-2337,or by email at mva.grants@alaska.gov. Sincerely, ,rrl� y'f }/ ' / _ ,hn W. Madden q irector Enclosures: Obligating Document(2 Copies) Project Budget Details Report CC: Edward Athey, Jurisdiction Project Manager Kristen Erchinger,Jurisdiction Chief Financial Officer Mar 19,2014 Project Budget Details Report 1 I 2011 Homeland Security Grant Program/SHSP Seward, City of I Reported Category= ALL Reported Revision = 1 of 1. gxpepse Disci- RBD# PBD# pew Category $Qlut(orl,Area alae. Slit Budgeted Cost Amt Spent Balance 1 !Equipment llnterop.Commutt PW stare EHP item: Federal' $7,031.00 i $7,031.00 ® EHP ;Communications Equipment for Alternate EOC ;Alternate EOC Communications Equipment.Antenna and.Tower, Mobile Radio Description I 2,Exercise 'Prog: Des,DeV,Cond,Evai—1-61-Al 1 state I _I EHP item: Federate _..v. ._fr _ .. ❑EHP [AK Shield Exercise 2014-Travel ITravel for 2014 AK Shield Exercise planning meetings Description 3 Equipment interop.Commun ; FS State EHP item: Federal' $41,305.00 i $41,305.00 ❑ EHP Motorola APX6000 and APX4000 Radios ;Mobile Radios for Emergency Responders with Seward Fire Department Description Adjusted Grant Award, _. State PBD Total Allocationsatat Faders $48,336,00 Federal! $48,336.00 Total Expenses: ste Total Budgeted Allocated(Fed&State) Federa I $48,336.00 Summary Balance:state Federal $48,336.00 PBD Non-Budgeted Funds:J $0.00 _.A11111111111111MIIIMMINOMMIOW Reallocation of Grant Funds Alaska Division of Homeland Security and.Emergency Management Application for Reallocation of HSGP Grant Funds Note to Applicants: To be eligible to receive Homeland Security grant funds eligible jurisdictions must have an active DUNS number and meet National Incident Management System(NIMS)compliance requirements. Applicants are required to show compliance with NIMS through the NIMS Compliance Assistance Support Tool(NIMSCAST). If you are uncertain about being NIMS compliant or need assistance please contact the State Training Officer at 907-428- 7000 or mva.orants alaska.eov Jurisdiction: City of Seward Responsible Borough: N/A (if applicable) Amount Requested $ 41,305.00 1. Provide a brief project description and explain why this project is important to the community? If project Includes equipment it must include the Authorized Equipment List(AEL)number from the Responder Knowledge Base(RKB). Interoperable communications is an ongoing project.Our department is now short on portable radios for our volunteer emergency responders .Our current. Motorola XIS 5000 radios, used by our officers are no longer available for purchase. Support for these radios is limited and will only be effective for a limited time Our XIS 2500 radios will be available for purchase for a short time before they will also be discontinued. We are in desperate need of additional portable radios for our volunteers.We have members without radios at this time Needless to say, we have no cached radios for emergency use either. Our annual budget takes into account repairs and maintenance and minimal replacement.The last radios we sent out for repair had a bill of$500 each Replacement of a single radio runs$3500 to$4500 depending on model and features added. We have been planning to purchase two Motorola XIS 2500 radios, but for the same price we could upgrade to the newer version of Motorola APX radios. Our best case scenario would be to purchase the newer radios and assign them to the officers. The radios that would then be freed up by the officers would be assigned to the newer volunteers. This addition of radios would equip all of our volunteer emergency responders with interoperable communications equipment. We work with 4 other volunteer emergency response departments as well as the local medical center and radio communications is critical to the core operation of our department Radio communication is how our emergency responders are notified of a call out and given information on what and where. Without proper communication equipment,our community is at risk. We would gladly accept any portion of this request. Any radio equipment would help us reach our goal of putting a radio in the hands of all of our emergency responders.The pricing reflecting in this request is WSCA•rates. 06CP-01-PORT 6 each APX6000 RADIOS @ $4767.50 Each Total$28,605.00 06CP-01-PORT 4 each APX4000 RADIOS 0 $3175.00 Each Total$12,700.00 Total for 10 radios to equip all of the Seward Fire Department Officers is$41,305.00 2. Please explain how the community plans to complete this project in a timely manner? Any grant funds the City, of Seward receives must go before City Council for acceptance. The Council meets twice a month and items for the agenda must be in two weeks in advance of the meeting. This process can easily,take 30 days to complete.We have been advised that turnaround time for a radio order such as our request would take 3 to 4 weeks from the time we order to the time we receive the radios for use We are familiar with our radio equipment needs to be interoperable with the surrounding agencies and we have a solid working relationship with the vendor. The pricing is WSCA so the need for bid collection would not be necessary. Our radio purchase would be ready to process once funding is approved. 3. If approved, can the jurisdiction accept the grant award within 30 days?Yes 4. If no, provide explanation. Grant funds acceptance must go to Seward City Council for approval. If timing is good, this should be accomplished within the 30day. If not it will go slightly longer. Jurisdiction Point of Contact: 1. Name: Edward Athey, Fire Chief City of Seward 2. Address: PO Box 167, Seward Alaska 99664 3. Telephone Number: 907-224-3445 4. Fax Number: 907224-8633 5. Email Address: eathey@cityofseward.net Authorization to Submit Application: By signature below the undersigned acknowledge they have been duly authorized by the jurisdiction to submit this application and will comply with the assurances, agreements, and/or special conditions set forth upon receipt of grant award. Jurisdiction Financial Officer: Printed Name: Kris Erchinger J1 Signature Jurisdiction Signatory Official: - moor Printed Name: James Hunt, City Manager -ignature 3 2,6 Submit applications to: DMVA/DHS&EM, PO Box 5750, JBER, AK 99505 or fax 907-428-7009 Attn: Grants Section L. & w Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,CONTRACTING WITH FIRST STUDENT FOR OPERATION OF THE SEASONAL SEWARD SHUTTLE BUS SERVICE IN AN AMOUNT NOT TO EXCEED $245,415, AND APPROPRIATING FUNDS WHEREAS,in 2010 Seward began providing a shuttle bus service between the cruise ship terminal, the harbor and historical downtown Seward; and, WHEREAS,the service has proved beneficial to the economic well-being of our community and is valued by the cruise ship industry; and, WHEREAS, Seward intends to provide the same level of service in 2014 and 2015; and WHEREAS,in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on March 4,2014 to include all the cost associated with providing the services; and WHEREAS,First Student Inc. was the successful proposer; and WHEREAS,the shuttle bus has been funded from Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax") and this is an appropriate use of the funds; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. 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 a contract between First Student Inc. and the City of Seward in substantial form as attached hereto, with 2014 and 2015 operations not to exceed $245,415. Section 2. The Seward City Council hereby appropriates the amount of$245,415 from the commercial passenger vessel proceeds account no. 807-0000-3071-0805 to the Bus Transportation contracted services account no. 805-8051-5390. Section 3. This resolution shall take effect immediately upon adoption. L11 Council Agenda Statement Meeting Date: April 14, 2014 of sett,q Through: Jim Hunt, City Manager "i�"�\;, � From: Ron Long, Assistant City Manager ALAsv, Agenda Item: Shuttle bus service contract with First Student BACKGROUND &JUSTIFICATION: The City of Seward has contracted out for the operation of a shuttle bus service since 2010. The service benefits pedestrians in Seward including ship passengers and crew and is funded utilizing Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax"). In accordance with Seward City Code and as reported to council, a Request for Proposals was prepared to issue the contract for the summers of 2014 and 2015. The request solicited qualified firms to provide transportation services to cruise ship passengers and other visitors,between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Small Boat Harbor from May 14, 2014 through September 16, 2014, and then approximately equivalent dates in 2015. The RFP required no addenda. One plan holder responded,First Student, and was judged to be responsive and reviewed by the selection team using the criteria reported to Council. A draft contract is attached. Services for the shuttle are scheduled to begin May 14, 2014. INTENT: Approve a contract for shuttle bus services with First Student Inc. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Economic Development 1 and Transportation: Improve public transportation between downtown X and the harbor Strategic Plan (document source here): Foster a community with diverse 2 transportation facilities including road, rail, air, pedestrian and water X routes that meet the needs of residents, businesses and visitors. 3. Other(list): X FISCAL NOTE: The total of funding required for the shuttle program,$245,415 will be appropriated from the Commercial Passenger Vessel funds to the Bus Transportation Fund. Approved by Finance Department: ,L f_ 1- -�-� ATTORNEY REVIEW: Yes No X The City Attorney assisted in the RFP process and provided comments for the draft contract in 2013. RECOMMENDATION: City Council approve Resolution 2014- /-5 authorizing the City Manager to enter into a contract with First Student and appropriate $245,415 of cruise ship head tax funds for the 2014-2015 shuttle bus service contract. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,CONTRACTING WITH FIRST STUDENT FOR OPERATION OF THE SEASONAL SEWARD SHUTTLE BUS SERVICE, IN AN AMOUNT NOT TO EXCEED $245,415,AND APPROPRIATING FUNDS WHEREAS, In 2010 Seward began providing a shuttle bus service between the cruise ship terminal, the harbor and historical downtown Seward; and, WHEREAS,the service has proved beneficial to the economic well-being of our community and is valued by the cruise ship industry; and, WHEREAS, Seward intends to provide the same level of service in 2014 and 2015; and WHEREAS,in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on March 4,2014 to include all the cost associated with providing the services; and WHEREAS,First Student Inc. was the successful proposer; and WHEREAS,the shuttle bus has been funded from Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax"). and this is an appropriate use of the funds; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. 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 a contract between First Student Inc. and the City of Seward in substantial form as attached hereto,with 2014 and 2015 operations not to exceed $245,415. Section 2. The Seward City Council hereby appropriates the amount of $245,415 from the commercial passenger vessel proceeds account no. 807-0000-3071-0805 to the Bus Transportation contracted services account no. 805-8051-5390. Section 4. This resolution shall take effect immediately upon adoption. CITY OF SEWARD,ALASKA RESOLUTION 2014- PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 14th of April, 2014. THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Professional Services Agreement with First Student, Inc for Seasonal Transportation Services and Related Services This AGREEMENT, made and entered into this th day of April, 2014 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 First Student Inc, authorized to do business in Alaska, with offices located at 201 NE Plaza Drive #240, Vancouver WA 98684, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide transportation services for cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska; and WHEREAS, in response to a request for proposals, First Student, 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 - First Student, Inc proposal Exhibit B — City's request for proposals dated March 4, 2014 (collectively, "RFP"). 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. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Assistant City Manager, and include any successor or authorized representative. 1.5 "Project" shall mean the transportation and other tasks related to the 96 Page 1 of 10 transportation of cruise ship passengers, crew and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska as further described in the RFP issued by the City of Seward on March 4, 2014. 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 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. As specified in proposal. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 4, 2014, to provide professional services based on approved standards and instructions as specifically described in the same RFP. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION., The schedule for completion for all services described herein shall be as follows: Beginning approximately May 14, 2014 and running the entire 2014 and 2015 tourist season, concluding at the end of the tourist season 2015 cruise ship schedule, or other date agreed to by both parties pursuant to section 26.2 of this agreement. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: First Student, Inc City of Seward Contact: Ron Long, Assistant City Manager/Community Development Director. 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 141 Page 2 of 10 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 required 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 services by May 14, 2014, Contractor shall pay as liquidated damages and not as penalty $ 500 per day for each day after May 14, 2014 the services are 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. Contractor shall have a Seward and State of Alaska Business License. 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 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' YPage 3 of 10 Compensation, general commercial liability, automobile liability, 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. The Contractor shall procure and maintain during the life of this Agreement, Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 2 Million per occurrence and $ 2 Million aggregate combined single limit, personal injury, bodily injury and property damage. b. Contractor shall procure and maintain during the life of this Agreement Professional Liability- Errors and Omissions Insurance on an "occurrence basis" with limits of liability not less than $1,000,000 per occurrence. c. Contractor shall procure and maintain during the life of this agreement, Motor Vehicle Liability Insurance, including no-fault coverage with limits of liability not less than $1,000,000 per occurrence combined with single limit Bodily Injury and Property Damage. d. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. e. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. f. The following shall be Additionally Insureds, The City of Seward, including all elected and appointed officials, commissioners and employees. g. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. 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 amount and types of insurance provided by the contractor shall be as set forth in the RFP issued by the City on March 4, 2014, subject to revision at Page 4 of 10 MM. 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. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 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 Page 5 of 10 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. 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. 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 Page 6 of 10 ■4S- handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to 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 ll Page 7 of 10 Contractor, will be done at the sole expense of the Contractor. 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, or the schedule for completion. 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 has been appropriated by 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. 28.0 PRIOR WORK.. For the purposes of this Agreement, work done at the request of Page 8 of 10 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 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 ■ - IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward First Student, Inc By: Jim Hunt By: Laura Hansen Title: City Manager Title: Alaska Area General Manager Date: Date: ATTEST: Johanna Kinney, CMC City Clerk (city seal) Page 10 of 10 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,ACCEPTING A GRANT IN THE AMOUNT OF$1,834.75 FROM THE ALASKA HIGHWAY SAFETY OFFICE FOR THE DUI HIGH VISIBILITY ENFORCEMENT CAMPAIGN DURING THE 2014 ENFORCEMENT PERIOD OF MARCH THROUGH SEPTEMBER, AND APPROPRIATING FUNDS WHEREAS, the Seward Police Department has been awarded a DUI High Visibility Enforcement Grant from the Alaska Highway Safety Office, in the amount of$1,834.75; and WHEREAS, the city is not required to provide any cash or in kind match; and WHEREAS, the use of these funds must be for the purpose of providing overtime saturation patrols by the Seward Police Department to conduct high-visibility seat belt and DUI enforcement during March through September of 2014; and WHEREAS,these funds will be of essential assistance to the Seward Police Department in the enforcement of DUI and seat belt violations. 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 accept the 2014 Alaska Highway Safety DUI High Visibility Enforcement grant in the amount of$1,834.75 and enter into a grant ageenut Section 2.Funding in the amount of$1,834.75 is accepted to grant revenue account# 101- 0000-4680-0200 and appropriated to the police department's overtime account# 101-1210-5020 in the amount of$1684.75 and to the maintenance and repair account#101-1210-5380 in the amount of $150.00. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of April, 2014. Council Agenda Statement qk 4 Of Sett, Meeting Date: April 14, 2014 ° Through: City Manager Jim Hunt From: Tom Clemons, Chief of Police Agenda Item: Alaska Highway Safety Grant (DUI High Visibility Enforcement) BACKGROUND & JUSTIFICATION: The Alaska Highway Safety Office(AHSO)has requested that the City of Seward participate in the Alaska Strategic Traffic Enforcement Partnership, ASTEP, DUI High Visibility Enforcement campaign by providing overtime saturation patrols. During selected enforcement dates, the Seward Police Department will conduct high-visibility seat belt and DUI enforcement patrols. AHSO has awarded a grant in the amount of$1,834.75 for March - September 2014. This program is a 100% grant funded project, with no local matching funds required. The terms of the grant and the grant budget are attached. INTENT: The intent of this grant is to reduce deaths and injuries caused by impaired drivers and to increase compliance with Alaska's primary seat belt law. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2020 Comprehensive Plan, Vol. I, page 14, 1. Public Safety,"to ensure the highest level of public safety within the X community." Strategic Plan: City Strategic Plan, page 18, Promote a safe community 2. "We are a community that promotes the public health safety and welfare X of its residents by, providing superior police, service" 3. Other(list): X FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: X,24:2 ,4g.,-4e4,1,z yh-b y ATTORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution 2014- 0;4 , accepting a grant from the Alaska Highway Safety Office in the amount of$1,834.75, and appropriating funds. 51 State of Alaska,Do I & PI- cz„` ,1k FA „`� Supplemental P.O. Box 112500 Juneau,AK 99811-2500 DUI Enforcement Agreement Ph:907-465-8944 aj \, Fx: 907-465-6984 dot.alaska.gov/highwaysatety Grantee Name and Address: Title/Short Description: Seward PD DUI High Visibility Enforcement 410 Adams Street Seward,AK 99664 Action Requested U New Setup ❑Revision of Agreement: Please provide change in the Enforcement Plan Breakdown. ACTUAL COST OF OVERTIME TO INCLUDE BENEFITS IS NOT TO EXCEED $ 1,834.75 THE FOLLOWING AMOUNT INCLUDING VEHICLE USAGE Enforcement Plan Breakdown Budget of Time/Hours Enforcement Period EXPENSE ITEMS HOURS AVERAGE HOURLY Budget Holiday Hours St. Patrick's Day,March 17th, 2014 _Vehicle Usage 0.00 _ $ 6.00 $ - Enforcement Period Total: $ - Holiday Hours $ 67.39 $ 673.90 Independence Day,July 4, 2014 Vehicle Usage 10.00 $ 6.00 $ 60.00 Enforcement Period Total: $ 733.90 Nat'l Impaired Driving Crackdown Hours $ 67.39 $ 1,010.85 (REQUIRED) August 13, 2014-September 1, Vehicle Usage 15.00 $ 6.00 _ $ 90.00_ Enforcement Period Total: $ 1,100.85 Hours $ - $ - Vehicle Usage 0.00 $ 6.00 $ - Enforcement Period Total: $ - _ Hours $ - $ - Vehicle Usage 0.00 _ $ 6.00 $ - Enforcement Period Total: $ Hours $ - $ - Vehicle Usage 0.00 $ 6.00 $ - Enforcement Period Total:I $ - Total Hours $ 1,684.75 Total Vehicle Usage $ 150.00 GRAND TOTAL of Enforcement Periodsl $ 1,834.75 Puropse/Objectives: In order to reduce deaths and injuries caused by impaired drivers and to increase compliance with Alaska's primary seat belt law,the Grantee will conduct high-visibility seat belt and DUI enforcement as detailed in the Alaska Strategic Enforcement Partnership Enforcement Plan submitted to the Alaska Highway Safety Office in April 2006.The Seward Police Department agrees to participate in the following enforcement blitzes from October 1,2013 through September 30,2014.As a guildline,a minimum of three(3)self-initiated contacts per hour funded with a'desired outcome'of contacting as many violators as possible should be made.Allowable use of funds is for overtime salary @ 1.5 times the normal rate,wages and benefits of commissioned personnel in direct support of operational activity.To receive reimbursement for personnel services the department must provide activity sheets,overtime hours worked and the overtime hourly rates for each officer. Agreement are as outlined above for FFY 2014 Grant period of October 1,2013 -Sep. 30, 2014. Project Control DUI Enforcement Agreement Approved Accepted for the Grantee by: Program Control Agent Name: Sumer Todd-Harding Signature Date Signature Date You may proceed with the activities for the Categories and specific Tasks enumerated in the above Enforcement Agreement. Conditions to this agreement are as outlined in the"Agreement Conditions" CONDITIONS ARE A PART OF THE PROJECT AGREEMENT AND,AS SUCH,ARE BINDING ON ALL PARTIES TO THE PROJECT AGREEMENT. This Enforcement Agreement is cumulative and supersedes all prior Enforcement Agreements. The AHSO Administrator for this NTP is: Tammy Kramer Issued for the Contracting Agency per ADOT&PF Policy#01.01.050 by:Tammy Kramer zilillittiittlifftiway Safety Office Form, Revision 10/10i tie L11( • .,,., 6#4.•- AGENDA STATEMENT Meeting Date: April 14, 2014 From: Johanna Kinney, City Clerk ' ' Agenda Item: Non-objection to the new Brewpub Liquor License for Seward Brewing Co. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a new Brewpub liquor license for Seward Brewing Co. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the new Brewpub Liquor License #5288 for Seward Brewing Co. -.S°) 4.0f set:, •CNA a 1s P • MEMORANDUM Date: February 27, 2014 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For NEW Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Seward Brewing Co. —NEW OWNERS Type of License: Brewpub License Number: 5288 Department Status Initials Finance/Leases �• r~? Finance/Utilities Police Chief Fire Chief k 4-- 66 ------- THE STATE Department of Commerce, Community, _.a,4".. /;',,,,,•.,._,s,,, 470 0 v.—V-1 ,,, -:- AGovEL,,N,A,RSESAN ) and Economic Development ALCOHOLIC BEVERAGE CONTROL BOARD glitt7-=7,77:-.1e_ otl„er.",:=7--:-..- ALASKA ARN E 1.I, 2400 Viking Drive 11104`;:4,.., nr Anchorage,Alaska 99501 ALAS"' Main:907.269.0350 TOD:907,465.5437 Fax:907.334.2285 February 21, 2014 City of Seward Attn: Brenda Ballou&Johanna Kinney,City Clerks VIA Email: bballou@cityofscwardnet jkinney@ciryofseward.net Cc: joanne(a)borough.kenai.ak.us iklankenshiv@borough.kenai.ak.us kring@borot_ighlenai.ak.us Catcherco,LLC— Brewpub License #5288 DBA Seward Brewing Company New Application 0 Transfer of Ownership 0 Transfer of Location 0 Restaurant Designation Permit 0 DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead,in accordance with AS 04.11.510(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit.for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(6) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. te0\ Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects.Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 3 AAC 304.145,Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 3 A.AC 304.335(a)(3),AS 04.11.090(e), and 3 A.AC 304.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COTE Director Sarah D. Oates Business Registration Examiner sarah.oates@alaska.gov (907)269-0356 (0)1 State of Alaska Alcoholic Beverage Control Board Date of Notice: February 21,2014 Application Type: NEW______. TRANSFER Ownership Location Name Change Governing Body: City of Seward Community Councils: None License#: 5288 License Type: Brewpub D.B.A.: Seward Brewing Company Licensee/Applicant: Catcherco,LLC Physical Location: 139 4th Avenue, Seward,AK 99664 Mail Address: P(.)Box 225,Seward,AK 99664 Telephone#: 907-422-0337 EIN: 46-4125429 Corp/LLC Agent Address Phone Date and State of Good Incorporation standing? Seward Brewing Company PC) Box 225 907-422-0337 11/07/2013 Yes Seward,AK 99664 Alaska Please note: the Members/Officers/Directors/Shareholders(principals)listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all .rincipal members and those who hold at least 10%shares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Erik Slater 12/20/1972 1814 Parks Place 907-491-0173 50% Member Seward,AK 99664 S. Hillary Bean 12/07/1966 1814 Parks Place 907-491-1061 50% Member Seward,AK 99664 If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: (49-1 Page 2 A.local governing body as defined under.AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead,in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.1.1.420(b) municipalities must inform the hoard of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 3 AAC 304.145,Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(g), 3 A.AC 304.335(a)(3),AS 04.11.090(e), and 3 AAC 304.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. COTE Director Sarafi O. Oates Business Registration Examiner sarah.oates@alaska.gov (907)269-0356 LLk KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna,Alaska 99669-7520 PHONE: (907)714-2160 • FAX: (907)714-2388 Toll-free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@borough.kenai.ak.us \44104 JOHN! BLANKENSHIP,MMC BOROUGH CLERK March 3, 2014 Ms. Christine Lambert Records&Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage,AK 99501-1768 RE: Non-Objection of New License Application Business Name Seward Brewing Company License Type • Brewpub License Location • City of Seward License No. 5288 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk .113/kIr cc: City of Seward Applicant KPB Finance Department File %co sell., tika\ Los;* 44y0 AGENDA STATEMENT Meeting Date: April 14, 2014 From: Johanna Kinney, City Clerk Agenda Item: Approval of the new Restaurant/Eating Place—Public Convenience Liquor License for Seward Brewing Co. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a new Restaurant/Eating Place— Public Convenience liquor license #5287 for Seward Brewing Co. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the new Restaurant/Eating Place—Public Convenience Liquor License# 5287 for Seward Brewing Co. ACA-s-0' MEMORANDUM Date: February 27, 2014 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For NEW Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Seward Brewing Co. —NEW OWNERS Type of License: Restaurant/Eating Place —Public Convenience License Number: 5287 • Department Status Initials Finance/Leases N I A Finance/Utilities 41)" Police Chief e Fire Chief 0 fr"r •■•■•••••••••••••••mimmil"........ _ .,. THE STATE Department of Commerce, Community, • ....• 4/7::,..-.'',0, and Economic Development If -----ii-t-',■-z-t-:=-74 ofALASKA 4."--; ,v43,`" ALCOHOLIC BEVERAGE CONTROL BOARD 14tet 1 ;Worf 2400 Viking Drive ' GOVERNOR SEAN PARNELI Nvrt:'-77 ' Anchorage,Alaska 99501 t.;:i0j... Main:907.269.0350 TDD:907.465,5437 Fax:907.334.2285 February 21,2014 City of Seward Attn: Brenda Ballou&Johanna Kinney,City Clerks VIA Email: bballou@cityofseward.net jkinney@cityofseward.net Cc: joanne@borough.kenai.ak.us jblankenship@borough.kenaLak.us kringAborough.kenai.ak.us Catcherco,LLC:Restaurant/ Eating Place—Public Convenience License#5287 DBA Seward Brewing Company Ili New Application 0 Transfer of Ownership 0 Transfer of Location lia Restaurant Designation Permit 0 DBA Name Change We have received an application for the above listed licenses (see attached application documents)within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead,in accordance with AS 04.11.510(b),the 41oard will notify the applicant that the application is denied for reasons stated in the protest The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 3 AAC 304.145,Local Governing Body Protest Note:Applications applied for under AS 04.11.400(g),3 AAC 304.335(a)(3),AS 04.11.090(e), and 3 AAC 304.660(e)must be approved by the governing body. Sincerely, SHIRLEY A. COTE Director Sarah a Oates Business Registration Examiner sarah.oates@alaska.gov (907)269-0356 bc1 • • State of Alaska Alcoholic Beverage Control Board Date of Notice: February 21,2014 Application Type: NEW L TRANSFER Ownership Location Name Change Governing Body: City of Seward Community Councils: None License#: 5287 License Type: Restaurant/ Eating Place—Public Convenience D.B.A.: Seward Brewing Company Licensee/Applicant: Catcherco,LIE Physic-Al Location: 139 4th Avenue, Seward,AK 99664 Mail Address: PO Box 225,Seward,AK 99664 Telephone#: 907-422-0337 EIN: 46-4125429 Corp/LLC Agent Address Phone Date and State of Good Incorporation standing? Seward Brewing Company PO Box 225 907-42 -0337 11/07/2013 Yes Seward,AK 99664 Alaska Please note;the Members/Officers/Directors/Shareholders(principals)listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed allprincipal members and those who hold at least 10%shares. Member/Officer/Director: DOB Address I Phone Title/Shares (%) Erik Slater 12/20/1972 1814 Parks Place 907-491-0173 50% Member Seward,AK 99664- S. Hillary Bean 12/07/1966 1814 Parks Place 907-491-1061 50% Member Seward,AK 99664 If transfer application,current license information: License#: Current D.B.A.: Current Licensee: Current Location: Additional comments: Restaurant Designation Permit Application attached. lO Page 2 A local governing body as defined under AS 04.21.080(11)may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead,in accordance with AS 04.11.510(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(6) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify Us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consu.mation of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant.For additional information please refer to 3 AAC 304.145,Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(g),3 AAC 304.335(a)(3),AS 04.11.090(e), and 3 AAC 304.660(e)must be approved by the governing body. Sincerely, SHIRLEY A.COTE Director Saran(D. Oates Business Registration Examiner sarah.oates @alaska.gov (907)269-0356 r I I STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT-AS 04.16.049&3 AAC 304.715-794 FEE:$50.00 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining,and persons under the age of 20 for employment. If Ibr employment,please state in detail,how the person will be employed,duties,etc. This application is for designation of premises where: (pleas marl:dc.irct itci;t.). R.(G 1 X Under 3 AAC 304.305 Bona fide restaurant/eating place. License Number 52-g-7 2 Persons age 16 to 20 may dine unaccompanied. 3 Persons under 16 may dine accompanied by a person 21 years or older. 4 Persons between 16 and 20 years of age may be employed. '(Sc:;mt.:.ht.-'on). LICENSEE: (3 1 nisi co r D/B/A: C'6(�A' i i•x1 Ca ADDRESS: 1?) ?,1"�` rl✓�'5/ 1� Lf Li " 44".e `_it-"c,c%ii1 t 4k- 9966( 1. Hours of Operation: /0 kW to aifri Telephone 4 l-ii 7-) 421 - o' -?)---t. 2. Have police ever been called to your premises by you or anyone else for any reason: [ ] Yes [y] No If yes,date(s)and explanation(s). 3. •Duties of employment: 4. Are video games available to the public on your premises? I.0 5. Do you provide en t: ] Yes {)l No If s,describe. I '' ( ,l 4 r' R t 6. How is food served? X Table Service Buffet Service Counter Service Other* 7. Is the owner,manager,or assistant manager always present during business hours? [A'Yes [ ] No *** A MENU AND A DETAILED LICENSED PREMISE DIAGRAM MUST ACCOMPANY'THLS APPLICATION *** I have read and am familiar with Title 4 of the Alaska statutes and its regulations. r Applicant signature Local Governing Body Approval Subscribed and sworn to before me is day of 1441— Dare: A (rum j 'y,4.4(*._. Notary Public in and for Alaska My Commission expires 5Ji /� -©% Director, ABC Board Date: •*If more space is required,to explain food service,entertainment,etc.,please add on back or attach additional page(s). State of Alaska ,+* `. 1 Nrrtary Public 1 ' ANNE MARIE MADSFN BC Board 4 -1& M Commission Expires: 05 15 Update:6/19/2013 - -- -,_ "•" Viking Drive Phone:907-263-5909 Anchorage AK 99507 Fax:907-263-5930 1 :t: STATE OF ALASKA ALCOHOL BEVERAGE CONTROL BOARD Licensed Premises Diagram INSTRUCTIONS: Draw a detailed floor plan of your present or proposed licensed premises on the graph below; show all entrances and exits,and all fixtures such as tables,booths,games,counters,bars,coolers,stages,etc. DBA: ��eL.UG'rf irczaa I et tom Pt PREMISES LOCATION: t3 4(4 4se Indicate scale by x after appropriate statement or show length and width of premises. SCALE A: X 1 SQ.=4 FT. SCALE B: 1 SQ.= 1 FT. Length and width of premises in feet DO ti yr taF:BI.I:E INK ORFENCH.ON TillS Dl%q KA,M. ■1111.1■■■■■ ilille1111111111111111111111111111111111111111 ®13111111i t mum ■u1111.RRRuUN1111a111UUa MINIM II ®� ■■ ����11�������11��� ■ ■I■ IO i ■■ .u.uamaa.......0 III11111111111111111111111111M Immumminumnimms U IRRmRRma ■N•••••••••R•••a 1111111111111111111111111191 ■N•.•R.•.•••..R• 11111111111111111111111111 ■•••••••m••••••■ at IHR11111111111111111111111 ■•••••u••••m•••• It 111111111111111111111111 11111111111111111111111111111111111111111111 ■1:111U1111R11111M1111a 1111111111111111111111111111111111111111111111111111111 ■...11.U•••i ■•••••U••••R•••• ■qua& MNE ■���t������������ 11•••11 ZION= •aMam EMENI aua ■••a■ ••••• ■ENNIMM ■ NIMME MMO ■etas rri..■ ■a• uaaaaaaaauaaa u -auRa■ 111111111111111111111111111111111111111111111111111 ■.••.r..u..u•••a IImaulNMI=■ 111111111111111111111111111111111111111111111 1maui RUII111I ■•a•.••R•R••R•.• /�' +cci V �/�or� Revised 6!16/06 'Apriz&A-ce- • 13 TH 8. =bet pea soup fights= dungeness crab, baja style cod,spicy creme, with mint pea soup Macke oil, slaw,crispy root veg,pickled radish $8 $12 thyme,sea salt $11 wings Pats= blackberry bbqsauce, pulled pork,spicy crema, gorgonzola crumbles slaw,crispy root veg,pickled radish $10 meet pot tots $12 spicy goat cheese, cilantro monde $11 shcattibtwee chorizo,beach greens, braised short ribs,slaw, red ale broth crispy root veg,pickled radish $13 $13 spot prawn cevlche Harbor citrus marinade,pistachios, clan house cheese sauce,tomato, popped amaranth,chile threads tomato,bacon, black bean puree,salsa, $13 kale,ale camino broth spicy crema,pickled serano,cilantro ! $13 $13 THAT the burger ! the veg burger washington beet;beechers cheddar, roasted veg,beechers cheddar, bacon,lettuce,tomato, potato bun,lettuce, cherry pepper relish,fries tomato,stout aioli,fries $14 $13 dddreasandMdch salmon sandwich blackberry bbq sauce,lettuce,tomato, shoyu grilled salmon,slaw, bacon,beechers cheddar pea butter, crispy root veg, $13 fries $13 steakeendwich kaniw ualed flat iron steak,carmelized onion, kaniwa grains,edamame, gorgonzola,stout aioli, pistchio,dried blueberry,kale, crispy rout veg,fries artisan lettuce,lea4 carrot,crispy root veg $14 $12 til bidder the salad panko breaded pacific cod,fries, lettuce,blackberry vinaigrette, slaw,aioli mushrooms,hazelnuts,chick weed, $17 apple,gorgonzola $12 --- - 1 44 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna,Alaska 99669-7520 PHONE: (907)714-2160 • FAX: (907)714-2388 Toll-free within the Borough: 1-800-478-4441 Ext.2160 Email: assemblyclerk@borough.kenai.ak.us IiNs4414 JOHN!BLANKENSHIP,MMC BOROUGH CLERK March 3, 2014 Ms. Christine Lambert Records&Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage,AK 99501-1768 RE: Non-Objection of New License Application Business Name Seward Brewing Company License Type Restaurant/Eating Place—Public Convenience License Location City of Seward License No. 5287 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, 1 Johni Blankenship, MMC Borough Clerk J13/kIr cc: City of Seward Applicant KPB Finance Department File ■10 Stly ■ AGENDA STATEMENT Meeting Date: April 14, 2014 From: Johanna Kinney, City Clerk Agenda Item: Non-objection to the Renewal of iquor License# 177 for Breeze Inn BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the renewal of Beverage Dispensary—Tourism Liquor License#177 for Breeze Inn. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the renewal of Beverage Dispensary—Tourism Liquor License#177 for Breeze Inn. 4 of sett:" 64' 047,Nt 161,0-1* MEMORANDUM Date: March 11, 2014 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, Deputy City Clerk \or RE: Verifying Compliance For Renewal Of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Breeze Inn Type of License: Beverage Dispensary- Tourism License Number: 177 Department Status Initials Finance/Leases Finance/Utilities CYL Police Chief 4 ..Fire Chief Chief KENAI PENINSULA BOROUGH !� 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907)714-2160 • FAX: (907)714-2388 o Toll-free within the Borough: 1-800-478-4441 Ext.2160 Q Email: assemblyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK March 14, 2014 Ms. Christine Lambert Records& Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive Anchorage,AK 99501-1768 RE: Non-Objection of License Renewal Business Name Breeze Inn License Type Beverage Dispensary-Tourism License Location City of Seward License No. 177 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sinc rely, V /' 1/- 4, Michele Turner Deputy Borough Clerk MLT/klr cc: Applicant City of Seward KPB Finance Department File 77<roF Tit, THE STATE Department of Commerce, Community, o and Economic Development f f sKA LA . ALCOHOLIC BEVERAGE CONTROL BOARD ) GOVERNOR SEAN PARNELL 2400 Viking Drive O ,,, Anchorage,Alaska 99501 p -ALAS/' Main:907.269.0350 TDD:907.465.5437 Fax:907.334.2285 March 10, 2014 RE: Liquor License Renewal Notice Attn: Homer City Clerk Kenai City Clerk Seward City Clerk Kenai Peninsula Borough Clerk HOMER Type: Package Store Lic #: 4221 DBA Name: Save-U-More Liquor #6 Premise Address: 3611 Greatland Owner: Castle Liquor Inc. Mailing Address: PO Box 58547, Seattle,WA 98138 Type: Restaurant Eating Place—Public Convenience Lic #: 3650 DBA Name: Starvin' Marvin's Premise Address: 1663 #7 Spit Road Owner: Starvin Marvin's Inc. Mailing Address: 1663 #7 Spit Road, Homer,AK 99603 KENAI Type: Beverage Dispensary Lic #: 204 DBA Name: George's Casino Bar Premise Address: 815 Frontage Road Owner: G &P Inc. Mailing Address: PO Box 2917, Kenai,AK 99611 Type: Restaurant Eating Place Lic #: 1774 DBA Name: Little Ski-Mo Drive In Premise Address: 11504 Kenai Spur Hwy. Owner: L & M Ventures Inc. Mailing Address: 4088 Lupine Drive, Kenai,AK 99611 1 1 Renewal Notice 3-10-14 Type: Package Store Lic #: 752 DBA Name: SAKTown Liquor Premise Address: 11770 Seward Hwy., Ste. A Owner: Wes J Sherrill Mailing Address: PO Box 73, Moose Pass,AK 99631 Type: Package Store Lic #: 2901 DBA Name: Save-U-More Liquor #2 Premise Address: 43531 Kalifornsky Beach Road Owner: Castle Liquor Inc. Mailing Address: PO Box 58547, Seattle,WA 98138 SEWARD Type: Beverage Dispensary - Tourism Lic #: 177 DBA Name: Breeze Inn Premise Address: 1311 Fourth Ave. Owner: Juris Mindenbergs Mailing Address: PO Box 2147, Seward,AK 99664 If you have any questions or concerns regarding this information, please feel free to contact me. Sincerely, SHIRLEY A. COTE Director /s/aristine Lapthrt Christine C. Lambert Licensing&Records Supervisor Christine.lambert@alaska.gov Renewal Notice 3-10-14 Page 3 City of Seward, Alaska City Council Minutes February 24, 2014 Volume 39, Page CALL TO ORDER The February 24, 2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Lieutenant Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Christy Terry David Squires Dale Butts comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Nanci Richey, Administrative Assistant Vacant—One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carri Fisher stated the second annual Fur Ball Fundraiser for the animal shelter was coming up on March 29,2014. The event would include a march down the bike path and then an evening at Chinook's. Fisher hoped council would ask that the Planning and Zoning Commission would discuss relocating the animal shelter sometime soon. Sue Lang, from Lowell Point, thanked the city, WC Casey, and the Public Works Department for the work they were doing for the pipe under Spruce Creek and the attention they were paying to the odor problem from the sewage lagoon. Jena Petersen of the Seward Recreation Committee was wishing to recruit interested people to fill some of the vacancies on the committee.They currently were down to five members,and were hoping to be a committee of seven. Martha Fleming stated she was willing to be on the Planning and Zoning Commission again and hoped council would consider her reappointment tonight. City of Seward, Alaska City Council Minutes February 24, 2014 Volume 39, Page Janet Coulter was applying to the Planning and Zoning Commission. She hoped they would consider her tonight for the commission. Chris Edgar introduced himself as he was applying to the Planning and Zoning Commission. He was interested in learning more about the zoning laws in the city and hoped council would consider him as well. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Mayor Bardarson added a Mayor's Report to the agenda under Special Orders, Presentations and Reports. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2014-023,Authorizing The City Manager To Accept A Grant From The State Of Alaska Department Of Commerce,Community&Economic Development For$175,966.50 For The Dairy Hill Drainage Mitigation Project,And Appropriating Funds. Council appointed the following to the Planning and Zoning Commission: Martha Fleming with a term to expire February, 2017, Cindy Ecklund with a term to expire February, 2017, Christopher Edgar with a term to expire February, 2016, and Janet Coulter with a term to expire February,2015. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Chamber of Commerce Report, Cindy Clock stated the Kenai Peninsula Marketing Council was holding a truck raffle.Each Chamber of Commerce on the Kenai Peninsula would get to display the truck for a month.The Chamber was sponsoring the World Trade Center Alaska—Arctic Ambitions III Conference February 27—28,2014 in Girdwood,keeping the Port of Seward front and center in Arctic development conversations. Clock announced upcoming events in Seward including the National Ocean Science Bowl,Spring Breakup Festival,the Great Alaska Sportsman Show,and the "Seattle Partners" trip. Mayor's Report, Mayor Jean Bardarson stated she went to Juneau last week with City Manager Hunt and Assistant City Manager Long from February 17-20, 2014. They met with representatives on the hill. There was a group there involved with the community health centers around the state and she networked with them as well. The first priority of the City of Seward was the Seward Marine Industrial Center(SMIC) Expansion Project. They met with Senator Micciche, who would be Seward's senator next year if re-elected,with the new redistricting measures effective this year. Seward would no longer be represented by Senator Giessel after this year. City of Seward, Alaska City Council Minutes February 24, 2014 Volume 39, Page The Seward group also met with Senator Lesil McGuire's office, Representative Chenault, and the Governor's Chief of Staff. They had an opportunity to hear Senator Murkowski and Governor Parnell speak.Bardarson,Hunt,and Long also met with WC Casey and Loren Leman,Bob Herron,and staff from Senator Giessel and Steven's office.During the Conference of Mayors,much dialogue ensued about the Public Employee Retirement System(PERS).Governor Parnell wanted to put$3 billion into a trust account to go towards paying the unfunded liability owed. There was some discussion if it should be a trust account or a reserve account.It was a good trip and Bardarson hoped it would prove to be successful. City Manager's Report, Jim Hunt stated the following purchases between $10,000 and $50,000 had been approved by the City Manager since the last council meeting: $23,900 to C.A.P. Construction for construction in the Annex Building; and, $20,000 to Metco, Inc. for street sand. In the Public Works Department, Spruce Creek repairs began last week,crews were waiting for the snow to stop to pour concrete and complete the project. Staff completed and submitted a loan questionnaire for the Lowell Point Wastewater Treatment Facility for$1.2 million to remove sludge and complete repairs and provide necessary maintenance. Sludge removal was scheduled to be completed this spring with the repairs/maintenance to be completed in the fall when the population decreased. In the Harbor Department,staff began the impoundment process for five vessels.The harbor was soliciting quotes to re-paint the harbormaster office roof The contractor completed the installation of D Float except for the essential dock utilities. The project completion date was April 15, 2014. The Restrooms Improvements Project was nearing completion. In the Parks and Recreation Department, staff continued with Teen and Youth Center and Recreation Room improvements. Middle and grade school students had been having a great time all month long at safe, fun, well-attended Friday night dances hosted at TYC. Urbach's Youth Basketball League was in full swing with approximately 100 kids signed up. A Request For Proposals was released and advertised for Electrical Engineering and Design during generator relocation. Proposals were due by March 10,2014. The following scoring criteria were announced: 1. Demonstrated experience 25% or 25 points 2. Identification of project team 15% or 15 points 3. Schedule/Work plan 15% or 15 points 4. Resumes complete 5% or 5 points 5. Proposal Price 25% or 25 points 6. Deliverables 15% or 15 points Total 100% or 100 points Hunt gave a brief update on the Seward Community Health Center.The Board approved the revised agreement from the city and planned to open March 10,2014.They were experiencing delays '73 City of Seward,Alaska City Council Minutes February 24, 2014 Volume 39,Page in obtaining a provider. The Executive Director provided a monthly report to council and administration on the current status of the opening of the clinic. Other Reports,Announcements and Presentations Statements from applicants interested in the vacant City Council seat: Deborah Altermatt, Iris Darling, and Sandie Roach'. Altermatt was not present. Darling and Roach' gave statements. PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2014-022, Authorizing The City Manager To Purchase Block 13A, Seward Townsite, Cliff Addition Block 13 Replat And Vacation, According To The Official Plat Thereof, Filed Under Plat Number 90-4, Records Of The Seward Recording District,Third Judicial District, State Of Alaska For$77,300.00,And Appropriating Funds. Motion (KeiUTerry) Approve Resolution 2014-022 Hunt said this purchase was necessary to mitigate flood drainage as proven by the last flood. The Kenai Peninsula Borough provided grant funds to purchase this property. The city negotiated with the owner and pointed out the new lot labels handed out tonight to correct an incorrect map in the council's packet. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened No one appeared to address the Council and the public hearing was closed Keil said this was approved by the Seward Bear Creek Flood Service Area Board and was funded by the borough. Terry noted when she looked online this price was equal to the assessed price according to the borough's website, so she felt that was fair. Motion Passed Unanimous UNFINISHED BUSINESS -None NEW BUSINESS -None Other New Business Vote and appoint qualified candidate to fill the council vacancy with a term to expire October 2014. Applicants are: Deborah Altermatt, Iris Darling, and Sandie Roach'. City Clerk Johanna Kinney passed out ballots to council, collected them, and read the first City of Seward,Alaska City Council Minutes February 24, 2014 Volume 39, Page vote count as follows: two votes for Altermatt,two votes for Darling,and two votes for Roach'. Kinney explained to council that, procedurally, a tie vote could enable ballots to be recast, and that every candidate must be reconsidered equally for each voting occurrence. Kinney passed out ballots to council,collected them,and read the second vote count as follows: two votes for Altermatt, three votes for Darling, and one vote for Roach'. Motion (Squires/Casagranda) Appoint Iris Darling to the vacant council seat with a term to expire October,2014. Keil did not think the council should be voting on this motion without having a ballot vote of at least four council members for any applicant Council recessed at 7:47 p.m. Council resumed at 7:57 p.m. The City Clerk explained that according to the City Council's Rules of Procedure, ballot votes for a council vacancy were tabulated and the council may then, by motion and voice vote, affirm the appointment of the candidate receiving the highest number of votes. It was important to have four voice votes to take any action,and if council felt the need to receive four ballot votes prior to taking a voice vote, they could certainly entertain that option. Squires and Casagranda withdrew their motion and second that was still on the floor and there was no objection from council. Kinney passed out ballots to council,collected them,and read the third vote count as follows: two votes for Altermatt, and four votes for Darling. Motion (Squires/Casagranda) Appoint Iris Darling to the vacant council seat with a term to expire October,2014. Motion Passed Unanimous Consent City Clerk Johanna Kinney swore in Darling as a council member and she took her seat at the dais. Council directed the City Clerk to solicit replacement members for the Seward Ad Hoc Recreation Committee and set a deadline for responses on March 4,2014. Council scheduled the following Work Session(s)with the Boards and Commissions to review annual priorities for March 3, 2014. They planned to meet with the Planning and Zoning Commission at 6:00 p.m., the Port and Commerce Advisory Board at 7:00 p.m., and the Historic Preservation Commission at 7:45 p.m. INFORMATIONAL ITEMS AND REPORTS City of Seward,Alaska City Council Minutes February 24, 2014 Volume 39, Page City Financial Reports for December, 2013. Proclamation from the Alaska State Legislature honoring retired Fire Chief David Squires. COUNCIL COMMENTS Keil thanked the applicants for putting their names forward for the council seat.She thanked those who were appointed to Planning and Zoning Commission tonight as well and hoped they would enjoy themselves. Keil gave her condolences to the Schrock family. Terry reminded the public of the tournaments in Seward recently. The Native Youth Olympics recently happened, and the National Ocean Sciences Bowl and a USA Wrestling Tournament sponsored by the Marathon Wrestling Club were coming up as well She thanked the council applicants; it was a hard decision to make tonight as they were all qualified. Terry was glad to have the Planning and Zoning Commission at full strength and noted there were still vacancies on the flood service area board. She gave her condolences to the Schrock family. Butts apologized for not attending the Alaska SeaLife Center Gala;he was not able to attend due to illness. He thanked administration for the good meeting tonight and the information they provided.Butts thanked Hunt and Long and their staff for their work.He also thanked the applicants for the Planning and Zoning Commission. Casagranda thanked the applicants who applied for the empty council seat It was a hard choice to make tonight. Squires sent his condolences to the Schrock family. They had a hard and moving ceremony for Laurie Schrock.He also gave his condolences to Chief Athey who recently lost his grandmother. Squires thanked those who applied to Planning and Zoning Commission and to the City Council.He congratulated Darling on her appointment to the council and thanked everyone for their nice comments about the proclamation he received from the Alaska State Legislature. Darling thanked the council for their support. She was prepared to work very hard in this new position. Hunt congratulated Squires on his commendation. Long sent his condolences to the Schrock family. It was an honor to travel to Juneau last week. Bardarson sent condolences to the Schrock family. She welcomed Darling and the new Planning and Zoning Commissioners. She wanted to know if council would support staff writing a thank you letter to Senator Begich for his efforts requesting funding for full repairs of the Seward Airport. There was no objection and the City Clerk was directed to prepare a letter. CITIZEN COMMENTS—None City of Seward,Alaska City Council Minutes February 24, 2014 Volume 39,Paa COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS -None ADJOURNMENT The meeting was adjourned at 8:20 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes March 10, 2014 Volume 39,Page CALL TO ORDER The March 10, 2014 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present; Jean Bardarson presiding and Marianna Keil Ristine Casagranda Christy Terry David Squires Dale Butts Iris Darling comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Brenda Ballow Deputy City Clerk Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING -None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Motion to Amend (Casagranda/Terry) Add the following item to the consent agenda: Schedule a joint work session with the Planning and Zoning Commission to discuss Mobile Vendors and Transient Vendors on Monday, March 24, 2014 at 6:00 p.m. Motion to Amend Passed Unanimous Consent Main Motion Passed Unanimous City of Seward,Alaska City Council Minutes March 10, 2014 Volume 39, Page The clerk read the following approved consent agenda items: Approval of the January 27,2014 City Council Regular Meeting Minutes. Non-objection to the liquor license renewal for Chinook's Waterfront. Schedule a joint work session with the Planning and Zoning Commission to discuss Mobile Vendors and Transient Vendors on Monday,March 24,2014 at 6:00 p.m. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards -None Borough Assembly Report,Sue McClure stated she had attended two assembly meetings, traveled to Juneau,and attended service area board meetings since the last meeting.On February 11, 2014 the assembly removed the deed restriction on the Spring Creek Correction Center property.On February 25, 2014 there was nearly two hours of public testimony by 22 citizens relating to supporting the continued funding for various non-departmental borough services, including the Central Area Rural Transit System(CARTS),the Kenai Peninsula Economic Development District, and the Kenai Peninsula Community College. At the same meeting, the assembly also moved $30,000 in supplement funding to the Bear Creek Fire Service Area for fuel,utilities,and operating expenses for the new building because they were opening sooner than expected.As well, Ordinance 2014-06 was defeated which would have shortened the period of time between introduction and public hearing from 25 days to 13 days. McClure traveled to Juneau with seven other assembly members and the borough mayor. She attended the Seward Bear Creek Flood Service Area Board (SBCFSAB) meeting where a potential mill increase was proposed which would raise it from .50 mills to 1.0 mills for the flood service area McClure was seeking feedback from the public; the proposal had been submitted to the borough mayor, and she would be meeting with him soon to provide feedback from her constituents. The result of this proposal would appear on the June 2014 borough budget. There was still one vacant seat available on the SBCFSAB. The assembly would next meet on Tuesday, March 18, 2014 and one key agenda item would be to allow borough employees to also serve as elected officials on service area boards. On April 15,2014 the assembly would meet in Seward for their annual meeting. In response to Butts,McClure said the SBCFSAB had already submitted the proposed mill rate to the borough mayor,and the borough mayor would then be including it in his proposed budget for the assembly's consideration. Keil asked McClure how much Seward had contributed to SBCFSAB in the last 11 years since being a part of the service area,and after a quick calculation in her head, McClure said .50 mills translated to approximately $200,000 currently, so $1.2 million would be a close estimate. To obtain a list of projects that that money had been used for, McClure suggested contacting Stephanie Presley with the SBCFSAB. City Manager's Report, City Manager Jim Hunt stated the following purchase orders between $10,000 and $50,000 had been approved by the City Manager since the last council meeting: $15,000.00 to Electric Power Systems for installation of three reclosers at Ft Raymond; City of Seward,Alaska City Council Minutes March 10, 2014 Volume 39,Page $37,734.80 to Metco, Inc. to pour 140 yards of concrete to cover and repair Spruce Creek Sewer Main; and, $45,000 to Michael L. Foster and Assoc. for engineering services at the Lowell Point Sewage Treatment Facility. The Public Works Department issued a Notice to Proceed to Metco, Inc. for the Dairy Hill Drainage Mitigation Project. Staff was working on finalizing paperwork with FEMA regarding Spruce Creek.The department was building a Scope of Work for the upgrade and refurbishment of the#4 Lift Station in Forest Acres. Staff was working to finalize a Request For Proposals for sludge removal at the Lowell Point Sewage Lagoon. In the Harbor Department,the owners of three of the five impounded vessels had paid in full. The next step was organizing and scheduling a sale for the remaining vessels.The D Float contractor was currently installing the electrical for the docks.Harmon Construction completed the remodel of the interior of the Harbormaster Office restrooms. The Parks and Recreation Department was seeking government bids for an upcoming Toolcat purchase and was beginning to install the Luke Pay Stations at the campgrounds. Staff was assisting a contractor with the assembly of new campground electronic fee stations. Park Maintenance was working on an Integrated Pest Management Plan for spraying city park and campground areas. There had been three local electrical outages/trouble calls since the last council meeting,with two users affected. The cause of outages was broken cutouts and the incidents occurred in the areas of Grouse Lake,Salmon Creek,and Lawing.The Electric Department was up and running at its new office location at 238 Fifth Avenue, also known as the City Hall Annex. A Request For Proposals was released for Seasonal Shuttle/Transportation services and the following scoring criteria would apply: Age, condition, quality and appearance of coaches: 20% Customer Service: 20% Safety Record: 20% Seating capacity and ADA accessibility: 10% Cost 30% Total 100% Finance Department Director Kris Erchinger provided an update of Finance Department staffing issues. In 2002, the Finance Department dropped from eight employees to seven, and the staff remained at seven today. The current staff was relatively new,only one person had been there for five years,and all others had less than two years of experience.Erchinger said she was not asking for additional staff,but she was asking for patience while they work through establishing their new software system and prepare for audit. The 2014/2015 biennial budget was released yesterday. Although council approved the Finance Department's purchase of a new computer system two years ago,due to unexpected delays and hardships,the new system had not yet been installed,and the go- live date had been delayed several times in the last year. In order to keep the project moving, Erchinger had recently engaged a new firm to assist with the implementation and the new go-live City of Seward,Alaska City Council Minutes March 10, 2014 Volume 39, Page date was re-scheduled to July, 2014. As well, she said the audit would start three weeks from now, but she anticipated that the Finance Department would be fully prepared. In response to Butts,Erchinger said her staff was willing and able to continue the additional work they were doing for the Seward Community Health Center(SCHC).Erchinger said they could handle it.Keil and Bardarson both thanked Erchinger and the Finance Department for the long hours and hard work they were putting in. City Attorney's Report, City Attorney Cheryl Brooking stated her office had provided assistance on the following items: personnel matters, contract matters, code enforcement and potential code revisions,maritime liens and impoundment of vessels,reviewed the SCHC operating agreement, potential land transfers and leases, and environmental compliance matters. Brooking introduced her colleagues: Will Earnhart, Eric Wohlforth, and Cindy Cartledge. In response to Squires, Wohlforth said he would be taking the lead as Brooking's replacement. Other Reports,Announcements and Presentations Year End Synopsis Presentation by Joe Fong, Administrator of Providence Seward Medical & Care Center. PUBLIC HEARINGS -None UNFINISHED BUSINESS - None NEW BUSINESS Resolution 2014-024, Approving Amendment No. 1 To The Management And Operating Agreement Between The City Of Seward And Providence Health& Services To Address The Removal Of The Primary Care Clinic From Providence's Scope Of Work,Modify Space Use, Seek Cost Savings,And Agree To A Future Reduction In The Annual Fixed Periodic Fee. Motion (Terry/Keil) Approve Resolution 2014-024 Erchinger said the purpose of this resolution was to carve out the clinic services from the existing contract with Providence. The new SCHC opened today,and no later than four months from February 14,2014 when Providence ceased operating the clinic,council would be presented with an amendment which would propose to modify the annual fixed periodic fee.The annual fixed periodic fee came to $900,000 in 2012 and was applied to costs of Providence's management of the clinic. Since 1995, 1% of Seward's city sales tax revenue had gone toward paying off the bond for the hospital, and those bonds were paid off in 2013. Butts expressed his concern that the City Attorney had not reviewed the amendment being presented tonight,and wanted assurances that the City Attorney would be reviewing the amendment for the annual fixed periodic fee that would come forward no later than June 14, 2014. City ofSeward,Alaska City Council Minutes March 10, 2014 Volume 39,Page Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Thank you letter to Senator Begich RE: Seward Airport funding. Upcoming council travel: Mayor and Vice Mayor traveling to Washington, D.C.for the annual legislative trip and to Seattle, WA for the Economic Partnership trip with the Chamber of Commerce. COUNCIL COMMENTS Keil thanked the Seward Volunteer Fire Department for hosting their annual Awards Banquet last Saturday. She was delighted to see how many volunteers were actually involved in providing services,she was impressed by the support the firefighters'families provided,and she congratulated Mike McHone for receiving the Firefighter of the Year Award. Terry said thanked the Marathon Wrestling Club for the tournament they held this past weekend, and she would like to have a Certificate of Appreciation created for the next council meeting to be presented to Art Osborn and Jewel Williams for organizing this event which involved 440 kids and 900 matches. She thanked the firefighters for volunteering their time,and their families for supporting them. She also thanked Melinda Maddox at the Independent Living Center for her hard work, and all the city's boards and commissions volunteers for their time and effort. Butts said thanked the Finance Department for their hard work,as well as all the boards and commissions volunteers. He appreciated everyone who gave their time. He thanked the Fire Department volunteers. Casagranda said thanked the Fire Department for the dinner, for the volunteers and the families of the volunteers. The Seward basketball team traveled to Cordova and she thought they were going to State. Squires said thanked the Fire Department, the Finance Department, and Joe Fong for his presentation and for responding to citizen inquiries during the transition to the SCHC. He appreciated the update on the warehouse building project,but wanted to see a target date set for the building's completion. Darling said thanked Erchinger for providing an easy-to-understand explanation on the SCHC and for the tour of the SCHC of the facility today. She announced that Mountain View Sports had leased the Brown&Hawkins building and would open for business on April 10,2014,and they were seeking to hire employees. Lt. Governor Mead Treadwell would be at the Resurrect Art coffeehouse tomorrow from 4:00—5:00 p.m. Bardarson congratulated the Seward Community Health Center for their successful opening today, and she thanked Providence for their support of the community during the transition. She City of Seward,Alaska City Council Minutes March 10, 2014 Volume 39,Page thanked Cheryl Brooking for her many years of service to Seward as the City Attorney,and wished her good luck in her new position with the Attorney General's office. CITIZEN COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS -None EXECUTIVE SESSION Motion (Terry/Keil) Following a brief recess, go into Executive Session to discuss pending matters with the City Attorney prior to her departure on April 10,2014 from the City. Council requested the following people stay for the Executive Session: City Manager Jim Hunt, Assistant City Manager Ron Long, City Clerk Johanna Kinney, Deputy City Clerk Brenda Ballou,City Attorney Cheryl Brooking,and the following visiting attorneys from the law firm Wohlforth,Brecht,Cartledge&Brooking,APC:Eric Wohlforth,Cynthia Cartledge, and William Earnhart. Motion Passed Unanimous Council recessed at 8:46 p.m. Council resumed the meeting at 8:53 p.m. Council went into executive session at 8:53 p.m. Council came out of executive'session at 9:53 p.m. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Johanna Kinney Jean Bardarson City Clerk Mayor (City Seal) Johanna Kinney From: Laura Hensley <jesseleehome@gci.net> Sent: Thursday,April 03, 2014 4:14 PM To: Johanna Kinney Subject: Work session with Friends of the Jesse Lee Home and Council Hi Johanna, Thanks for chatting with me earlier about the work session. We would like to reschedule the work session with the Council if possible. Kirsten returns to Seward on May 3rd and is flexible after that date. She would like to have some of our Board members, as well as Barbara Campagna, and Steve Hamilton. Steve will have the finished Economic Impact Report ready for the council before the work session. The times that don't work for tus are: Ma 5-9, 12-16, and the 1st week of June. If you want to propose several different dates other than those ' listed above we can be flexi, e. et me ow what works for the Council and if you need any other information. Thank you for being flexible and understanding. Laura Hensley Executive Liaison Friends of the Jesse Lee Home and Balto School (907)422-0660 fax(907)422-0349 www.baltoschool.net www.jesseleehome.net - _ Spam Not spam Forget previous vote cl&"k i PROCLAMATION WHEREAS, libraries help people throughout their communities; and WHEREAS, librarians work to meet the changing needs of their communities and provide resources and services tor citizens that extend well outside the library walls; and WHEREAS; libprics„anAlibratians;13rfng,T9gOgr community members to enrich and Sha'peirhe:COMMUn. WHEREAS, libiarians-arcwell-trairied, tech-savvy professionals who provide technology training and access to downloadable content like e-books; and WHEREAS, libraries offer programs to meet community needs, providing resume writing classes, homework help, and financial planning services; and WHEREAS, libraries and librarians are continually challenged to grow and evolve in how they provide for the needs of their communities; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week in April; and WHEREAS, during the month of April the Seward Community Library has declared amnesty on all library fines. NOW, THEREFORE,",I, Jean liardarSOni,-.1M .Yor of the City of Seward, Alaska, proclaim April 13-19, 2014 to be NATIONAL LIBRARY WEEK in Seward, and I encourage all residents to visit the library this week to take advantage of the wonderful library resources available. DA1ED this 14th day of April, 2014 THE CITY OF SEWARD, ALASKA Jean Bardarson,Mayor 8- PROCLAMATION WHEREAS, wildlife enriches the shared outdoor heritage of all people in Alaska, and we take great pride in our wildlife legacy; and W11 RE AS, the wise use of wildlife resources is deeply embedded in the history and culture of conscientious Alaskans; and W I-1 J . A5, many bears emerge from dens in early spring, so April is a good time to remind Alaskans to behave responsibly and safely in bear country; and WhE.REAS, citizens "are encouraged to create safe personal environments by properly handling and storing bear attractants, practicing outdoor safety, and gaining a greater understanding of our wildlife; and WhE.REA5, minimizing bear attractants makes our neighborhoods safer, and results in fewer negative human-bear interactions that are potentially dangerous for both people and bears;and WIE.REA5, community-based efforts such as educating residents about how to live responsibly in bear country, minimizing bear attractants around our homes, campsites, cabins, and other recreational areas, and encouraging young people to learn about bears and bear safety help to instill an important understanding of Alaska's wildlife that will enable us to coexist safely with bears and wildlife. NOW,THEREFORE I,Jean bardarson ,Mayor of the City.of Seward,Alaska do hereby proclaim April, 2014 as:' b EAR AWArR NE.55 M O N T h and encourage everyone to educate themselves on the importance of awareness and safety issues surrounding bears and wildlife. Dated'this April 14, 2014 THE CITY Or SEWARD,ALASKA jean 15ardarson, Mayor 9 L... 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