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09142020 City Council Packet
Seward City Council Agenda Facet [ A�h j V O NATIONAL PREPAREDNESS MONTH - - -------- --------------- Disasters Don't Wait. EEO ' MAKE YOUR PLAN TODAY, www.ready.gov/september Monday, September 14, 2020 City Council Chambers Beginning at 7:00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT SEPTEMBER 14, 2020 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, September 14, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony has been created. On the September 14 agenda, there will be TWO (2) public hearing items. If you wish to provide testimony about a public hearing item, you MUST do that during the public hearing testimony, NOT during citizen comments. For ALL OTHER TOPICS, this is done during citizen comments. Please indicate whether you want to speak during the FIRST citizen comments, one or more of the public hearings, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS or PUBLIC HEARING TESTIMONY 1. Email your WRITTEN comments to clerkgcityofseward.net no later than 2:00 p.m. on Monday, September 14, 2020. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email,please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 2:00 p.m. on Monday, September 14, 2020. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both; or, the PUBLIC HEARING items. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk—if you do not receive this email,please call the clerk at 224-4045. • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting September 14, 2020 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Sharyl Seese signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total speaking time for this agenda item.] Term Expires 2021 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval John Osenga of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. Council Member In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2021 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Tony Baclaan Council Member A. Proclamations and Awards Term Expires 2022 1. Recognizing Dorothy Urbach for 30 years of leading the Friends of the Library ................................... Pg. 4 Julie Crites 2. Certificate of Appreciation for Kenai Peninsula Council Member Economic Development Director Tim Dillon ....... Pg. 5 Term Expires 2020 3. Patriot Day Proclamation ................................ Pg. 6 4. American Legion Day Proclamation .................. Pg. 8 Vacant Council Member B. Borough Assembly Report Term Expires 2022 C. City Manager Report ......................................... Pg. 9 D. Other Reports and Announcements —None E. Presentations[Presentations are limited to ten minutes each, excluding Scott Meszaros Q&A, and are limited to two per meeting unless increased by council.] City Manager 1. KPEDD Presentation by Tim Dillon Brenda Ballou City Clerk Brooks Chandler City Attorney City of Seward, Alaska Council Agenda September 14, 2020 Page I 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five(5) minutes per person.After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Ordinances for Public Hearing and Enactment 1. Ordinance 2020-011, Amending The Zoning Designation Of Lots 3, 4-5 And N1/2 Lot 6 Block 16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business District (CB). ........................................................ Pg. 23 B. Resolutions Requiring Public Hearing 1. Resolution 2020-075, Authorizing The City Manager To Enter Into A New Lease With 4JBC, LLC For Lot 2 Block 4, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 Seward Recording District, Third Judicial District, State Of Alaska. ..................... Pg. 50 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2020-071, Approving The Memorandum Of Agreement (MOA) Between The Alaska Railroad Corporation (ARRC) And The City Of Seward, Authorizing The City To Reimburse ARRC For Up To $396,275 In Costs Arising From The Mitigation Of COVID-19 At The Cruise Ship Terminal And Dock Using Grant Funds Awarded To The City Through A Designated Legislative Grant For COVID-19 Mitigation And Reimbursement. ... ... ... ... ... ... ... ... .... ... ... ... ... ... ... ... ... Pg. 90 9. NEW BUSINESS A. Resolutions *1. Resolution 2020-076, Authorizing The City Manager To Extend The Independent Contractor Agreement Of Cory Borgeson For An Amount Not To Exceed $63,000. ............................................................................................. Pg. 103 *2. Resolution 2020-077, Accepting Grant Funds In The Amount Of $6,000 From The Anchorage Police Department Internet Crimes Against Children Division, Through The Alaska Internet Crimes Against Children (ICAO), For The Purchase Of Software And Equipment To Aid In Local ICAC Investigations, And Appropriating Funds. ............................................................................................. Pg. 110 *3. Resolution 2020-078, Amending City Council Rules Of Procedures, Rule 9B, In Order To Ensure Council Agenda Items Have Sufficient Time For Financial, Legal, And Managerial Review Prior To The Council Meeting Dates. ................. Pg. 117 *4. Resolution 2020-079, Accepting Grant Funds From The State Of Alaska Historic Preservation Fund (HPF) In The Amount Of $17,295, With A Required Match Of $3,970, For The FY2020 Certified Local Government (CLG) Grant #20005 "Seward Historical Tour: Public Education Signage" Project On Behalf Of The Seward Historic Preservation Commission, And Appropriating Funds. .................. Pg. 126 City of Seward, Alaska Council Agenda September 14, 2020 Page 2 2 B. Other New Business Items *1. Approval of the August 24, 2020 City Council Regular Meeting Minutes. ... Pg. 188 *2. Approval of Licensed Premises Diagram Change of Liquor License for Highliner Restaurant, LLC, Public Eating Place, License 95621. ........................... Pg. 198 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. City Clerk's Report on Public Records Requests through September 4, 2020 Pg. 205 B. Seward Historic Preservation Award to John S. French, Posthumously Pg. 206 It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda September 14, 2020 Page 3 3 PROCLAMATION WHEREAS, Larry and Dorothy Urbach met at the University of Washington and were married on June 25, 1950; and WHEREAS, in 1954, they decided to return to Seward to run the family store, Urbach's, which has now been continuously owned and operated by the Urbach family for 105 years; and WHEREAS, when the Seward Silver Salmon Derby first started in 1955, Dorothy was the publicity chair and gave the fishing report on the radio twice a day; in 1979, she won the Silver Salmon Derby with a 16 lb. 11 oz. silver salmon; and WHEREAS, Dorothy served as President of the Seward Community Library Association for more than 25 years and she was a part of the community support to have the library moved out of the basement of the Bank of Seward and into the corner building, now known as the City Annex, in the late 1960s; and WHEREAS, she was a huge part of the library project from conception to opening; and WHEREAS, Dorothy served as President of the Board of Directors for the Seward General Hospital, President of the Board of Directors for Wesleyan Nursing Home, and President of the Seward League of Women Voters; she was named the "Goodwill Ambassador and Greeter" for the City of Seward; and WHEREAS, Dorothy managed the Seward campaign for Wally Hickel's first run as Governor and was named "Women of the Year" by Governor Jay Hammond; and WHEREAS, she reported Seward events in the Anchorage Daily News column, "Saturday Sundry"; and WHEREAS, Dorothy sponsored the Urbach's Youth Basketball League (UYBL) with Seward Parks and Recreation for 26 years and has donated to many local sporting events, groups, and fundraisers over the years. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby recognize Dorothy Urbach for her 30 years of leading the Friends of the Library and her many years of service to the Seward community. Dated This 14tb Day of September, 2020 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 4 c�ERTIFICATE OF APPRE__1_',',CIAT I Presented to TIM DILLON On behalf of the City of Seward, thank you for your tireless efforts and your continued support of the Seward community, businesses, and non-profits. Thank You for being instrumental in advocating for Seward businesses and local economy with state and federal legislators and being instrumental in developing the City of Seward's CARES funding for businesses and non-profits. Thank you for informing and educating Seward's citizens and being a valuable resource for the entire Kenai Peninsula Borough. DATED this 14t`day of September,2020. THE CITY OF SEWARD,ALASKA Christy Terry,Mayor 5 "A Day to Remember" WHEREAS, the unprovoked attacks of September 11, 2001, upon America by foreign terrorists have thrust the United States, and other countries, into a war it never envisioned, militarily or diplomatically; and WHEREAS, the challenges facing all the civilized people of the world as they relate to the war on terrorism will not end until those with radical ideas that are contrary to peaceful ideas of the free world; and WHEREAS, America is fully committed to ensuring our freedoms remain unfettered and sovereign for all generations, now and forever; and WHEREAS, world opinion needs to remain focused upon the elimination of these inhuman acts perpetrated around the globe; and WHEREAS, one way to accomplish this to NEVER FORGET that those innocent victims did not die in vain; and WHEREAS, America can fight back by reminding the world that the deaths of these people will always be remembered and that they will be forever loved; and WHEREAS, service members and first responders from Seward and the state are honored and supported when they are called to serve and defeat inhuman acts of terrorism; and WHEREAS, a noble and appropriate way to accomplish this is through the annual celebration of their life and their service; and WHEREAS, this commemoration should be conducted each September 11 throughout the land to include: • The promotion of global peace and goodwill; • The demonstration of America's resolve and perseverance to win the war on terrorism; • The advancement of responsible citizenship; • The encouragement of patriotism and love of country; and • The poignant remembrance of those innocent victims who died September 11, as heroes, one and all; NOW, TIEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby issue this proclamation in remembrance of those who tragically lost their lives on September 11, 2001 and as a token of appreciation for the brave men and women who serve and protect our country today. Dated this 1*day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor xa - ram PROCLAMATION WHEREAS, the American Legion was chartered by Congress in 1919 on September 16th as a wartime veterans organization based on the four pillars of Veterans Affairs & Rehabilitation, National Security, Americanism, and Children& Youth; and WHEREAS, over the years, the American Legion has become a preeminent community- service organization which now numbers more than two million members -- men and women -- in nearly 13,000 American Legion posts worldwide working a variety of programs that support the four pillars and benefit our nation's veterans, its service members, their families, the youth of America and its citizens; and WHEREAS, the Alaska American Legion has grown to be the largest and most active major veterans organization and advocate for veterans rights in the state of Alaska; and WHEREAS, the Alaska American Legion's current membership is over eight thousand with thirty-five chartered posts which include Legionnaires, Auxiliary members and Sons of the Legion; and WHEREAS, the American Legion continues to serve Alaska's veterans, members of the armed forces and their families through its hospital visits, financial assistance, boys and girls state programs, and continue to fight for the rights of veterans and our military through active legislation at the state and national level; and WHEREAS, the members of the American Legion Post 95 in Seward have been dedicated to upholding the ideals of freedom and democracy, while working to make a difference in the lives of fellow Americans, since December 31, 1919; and WHEREAS, the 2020 observance of American Legion Day provides an opportunity to recognize Legionnaires in our community for their many contributions to the City of Seward. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby proclaim September 16, 2020, as: THE AMERICAN LEGION DAY Dated this 14th Day of September, 2020 THE CITY OF SEWARD,ALASKA Christy Terry, Mayor 8 CITY OF SEWARD Scott Meszaros P.O. BOX 167 Ph: (907) 224-4047 SEWARD,AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT SEPTEMBER 14,2020 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 8/18/2020 Electric 300Kva transformer— $10,500 stock replacement 8/19/2020 Public Works City Hall ADA ramp $80,700 ro'ect 8/19/2020 Public Works Sidewalk repair project $145,500 (RES 2020- 062 8/19/2020 Electric Helicopter rental T-line $7,900 inspection 8/20/2020 Police Annual CAS RMS and $9,700 Mobiles stem operations 8/25/2020 Electric Fuel tank surface prep $15,800 and coatings renewal 8/26/2020 Electric Lockout tagout program $13,900 for power plant 8/26/2020 Administration Seward CARES contract $30,000 N-T-E with AKSBDC City of Seward Personnel Transactions Separations: Department: Date of Separation: None New Hires: Department: Date of Hire: Recreation Assistant SPRD 09/03/2020 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 1/27/2020 Harbor Admin Assistant * Harbor Advertising Since 4/24/2020 Finance Director Finance Advertising Since 4/28/2020 Police Dispatcher Police Advertising Since 5/29/2020 Manager Electric Utility Administration Advertising Since 6/11/2020 Campground Coordinator SPRD Advertising Since 6/22/2020 Harbor Worker II Harbor Advertising Since 8/10/2020 Available Seasonal Positions: Department: Position Status: None 9 FINANCE • The process for the refunding of the Library/Museum General Obligation Bond is continuing on schedule. We have a tentative Pricing date of Wednesday, September 16th and a Closing date of Wednesday, October 7th. Once the Pricing date has occurred, we will know the realized savings over the remaining life of the bond. • As of 9/4/2020, Finance has issued 133 checks to Seward businesses totaling $1,527,000 as part of the Seward CARES grant program. Special thanks to SBDC for their efforts in reviewing all the applications and thank you to all Seward businesses for their service to our community. We hope this will help reduce the impacts of COVID-19. Seward CARES Non-Profit Applicants Non Profit Grant Requested Amount Recommendation Variance SeaLife Center o' S (1.10,192.00) (a) Boys and Girls Club c 1„f""n r"0) He Will Provide l�,u in.u,, --------------------- Kenail Mountains Public Media 5 30,0C10.00 $ lcy' ) Marathon Wrestling Club 5 1,497.98 5 1,498.uu 5 � Resurrection Bay Historical Society 4,500.00 5 1.000.00 5 Seaview Community Services > 5011 non.00 $ 275,000.00 (225,000.00) Seward American Legion Auxiliary 0 S 1200.00 `2,000.00) Seward American Legion Post 5 5 4 3,c)+)c7.110 t (20.D0) Seward Area Hospice w 5 21).942.00 S (0.68) Seward Chamber of Commerce $ 5 175,000.00 5 (6s'000.00) Seward Prevention Coalition S AJ5,U0,0.0t1 S 230,000.00 $ (275,000.00) Seward Prevention Coalition-Elementary school 50,000,Ut:1 S +1),000,00 S (20,000-00) Seward Sports Association S 1,500.00 S 1,500.00 Seward Volunteer Fire Department 4,300.00 5 1,2. y (3,100,00) Total 2,292,638.66 5 1,224,326.00 1 5 (1,068,312.66) (all Variance to be funded from remaining Business allocation to get SeaLife Center up to approved$500,000 HARBOR • The SMIC yard is almost full for the first time ever. The biggest issue we have now is that there are not enough power stalls, so you could possibly hear complaints about not enough power at SMIC. • The entire harbor crew is working while adjusting to COVID-19 issues/mandates during boat lifts. • 50-ton lifts are picking up • There is a shortage of yard space for vessels currently on the harbor side of the bay. This is due to COVID-19 and other issues. We are trying to work with vessel owners to assist them the best way we can. 10 • The 330-ton lifts have also picked up as the season is winding down for some of the larger vessels. We currently have about a 7-day waiting list to get lifted into the SMIC yard. • The crew is continuing to clean up lots at SMIC. This could take some time, but we are making headway. • We are continuing social distancing on the City's fish cleaning stations. A public notice has been posted to let users know that every other hose has been removed (still no issues at this time). • The Harbor Office is fully staffed. Our new office staff started on September 8th. We also hired a Harbor Worker II, though they do not start until the first week of October. • The US Coast Guard contacted the Harbor about location and designs for the new FRC, which will be located at SMIC. We are currently looking at three concepts. More information to come later. • The Harbor has upgraded to the new software and are working through some minor issues. • The Harbormaster has submitted the 2022 Municipal Facility Grant to replace G, K and L-float. Once again, thank you for approving the Resolution so the city can pursue this grant. No responses as of now. • All the dumpsters have arrived and most of them are in place. • The harbor has submitted a questionnaire/proposal with EVOSTC for a wash-down pad located at the 50-ton area. No response as of now. COMMUNITY DEVELOPMENT • Working with Contractor on the Jesse Lee Home Demo Project • Preparing a resolution for Council approval to go out to RFP for Seward Animal Shelter. • Working with Gateway subdivision assessment district • Monthly Floodplain Mtg via Zoom • Fiscal Year 2021 Federal Planning Division Work Plan Via Zoom • Kenai CWPP - Core Team Meeting# 3 via Zoom • Planner Kozielski is working on GIS updates, Cemetery Data and plan with Parks and Rec • Planning and Zoning approved Resolution 2020-10 of the Planning And Zoning Commission Of The City Of Seward, Alaska, Recommending City Council Amend Title 15 Of Seward City Code Regarding 11 Commercial Communications Towers To Provide Special Provisions For Such Land Use this will be coming to Council on September 28th. We presented Martha Fleming with the Gold Pan for her years of service with P & Z. Thank you, Martha, for all that you gave to the City!!! W Planning Assistant Andy Bacon,Martha Fleming and Coinmunity Development Director Jackie Wilde PARKS & RECREATION MISSION Preserve, improve, and promote the city's natural resources,parkland, and recreational opportunities for current and future generations. COVID-19 Response: • Protective health measures remain in effect for all facilities. • Campground capacity is limited to 50%. • Campsites are available by online reservation only with the exception of Spring Creek which is first come,first served. • Pavilions and ball fields are available for online reservation through RecDesk. • All in person programs and events are cancelled until further notice. • In coordination with AVTEC the gym (aka Student Services Center) is closed to the public. 12 UTILIZATION: July 30 —August 13 Campground Rentals 3550 Pavilion Rentals 6 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 tent and RV campsites. Visit Campspot via our campground's page to check site availability and to reserve your site today: https://www.cilyofseward.us/departments/parks-recreation/campgrounds SPORTS & RECREATION Sports &Rec @AVTEC Gym Seward Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement. Visit RecDesk to view the activity calendar, register for a gym membership, and more: htlps://seward.recdesk.com/Communiiy/Home PARKING A daily pass or seasonal permit is required in order to park in designated municipal lots from May 1 - September 30. Choose from 3 easy ways to pay: Daily Parking • PayByPhone Mobile App • Pay station located at each lot. Seasonal Permit Seasonal permits can be purchased online through RecDesk htlps://seward.recdesk.com/Communily/Membership ELECTRIC • Field Engineer, Rob Larson, has joined us on a temporary basis so that we can finish up the construction season, providing customers service in a timely manner. Rob had a long career with Snohomish PUD and last summer worked for Homer Electric as afield engineer 3. We are excited to have Rob join us in Seward this fall. • We continue to work through the backlog of customers who wish to have service connections. We continue to work on bringing power to some 38 property owners on Guinevere in the Camelot subdivision. This has been made possible by work with Chris Davis from EPS engineering in Anchorage. 13 • The Fort Raymond power plant controls system for unit 6 was completed on time and on budget with all commissioning work being completed on August 24th. James Unrein and AJ Turner from Seward Electric provided critical support to EPS, the engineering firm who oversaw the project. • The painting of the fuel tanks at the Fort Raymond plant started the week of August 31st. There is a total of 7 days of work required to pressure wash and otherwise prep the two, twenty-thousand-gallon fuel tanks for painting with a special epoxy paint. • We have obtained 3 quotes for the repair to the leaking roof of the power plant building. We expect that work to be done in the month of September. • Bill Kirkenir from Energie Services came to Seward updating the Electric Department's Lock/Out Tag/Out plan and our Switching Order process. The updated plan has been submitted to OSHA. Mr. Kirkenir also provided training to all employees which included hands on exercises. • The Electric Department has agreed to put on a workshop with the PACAB board on September 15th to go over the interconnection process for customers who wish to have solar panels attached to their residence or business. Seward Electric is committed to making the process simple for our customers while ensuring a safe electric system for our linemen and the general public. We are overdue in getting bi-directional meters and intend to have that rectified shortly. PUBLIC WORKS • Working on many fronts. Sidewalk Project-D is almost complete on 4Ih Ave. (see picture below). Next to Adams Street for the 2nd part of the project. „kh • Continued meetings with Alaska Rural Water Association (ARWA). We are working on grant funding for infrastructure for both water and sewer utilities. They will also assist with our yearly sludge testing at the Lowell Pt. and SMIC aeration basins. They complete or assist with sludge testing with multiple communities across the state. -��- a'r`t`i wrm�d, • Met with Spring Creek Correctional Center Warden and personnel to reduce and or eliminate trash and grease ,; from the sewer system and SMIC aeration basin. They are taking very proactive measures to accomplish the goals we set together. SCCC personnel was a pleasure R '� to work with. We have already had one follow-ups meeting as well. • The Water/Sewer Rate Study is mostly complete. We have had multiple meetings (and many Finance and Administrative personnel changes) and the COVID-19 14 delays. We are working to schedule Council members for reviews and comments. Then we can bring a finished product to a public work session. • The Heat Loop Project design is finished, and we hired and"independent estimator"to go through the final design and give an estimated construction cost for today's market. It came back about $2.6 million dollars higher than was originally projected in 2015 for all 4 buildings. Our consultant is now reducing the scope to just the Library and Annex in an attempt to salvage the project by doing it as a"first phase". We need a scope with a Cost/Benefit ratio that can be evaluated and accepted by our Grantor Alaska Energy Authority (AEA). Meetings continue. • Met with Sockeye Point owners to discuss water mains and hydrants. • Several online meetings and courses have been completed with Dude Solutions to streamline work orders, schedule repeating tasks, and improve record keeping. • Attended the monthly floodplain meeting with City Staff and Stephanie Presley with SBCFSA. We discussed flood issues, the Army Corp projects at Lowell Canyon and Japp Creek. Their 501 Study for Japp Creek is upcoming with a site visit next week. Also discussed the 2nd Ave Culvert project at the lagoon. Water/Wastewater: • -The Water/Wastewater group is constantly working on testing and maintaining our utility infrastructure. Test samples for water and wastewater are gathered weekly and sent to a lab in Anchorage for analysis and are then reported to DEC monthly. If any condition/result is outside our permit levels we report to DEC and make any corrections required or necessary. All results of testing are reviewed by our Consultant/Engineer. More construction and dig permits are being done daily. We have had several residents replacing old service lines to their houses. The old galvanized pipes have rusted and greatly diminished the water flow. Nice to get them fixed before the end of summer! • **With the new COVID-19 issues please make sure NOT to flush masks,, gloves, or wipes etc.!! These should all be placed in the garbage instead to avoid sewer clogs and backups at your house, business, and throughout the City. These clogs are costly to remove and repair and will reflect in the sewer rates we all pay in Seward. ** See Flyer below** Streets: • ADA parking spots have been repainted. The blue and white paint really looks great! • We finally had enough of a rainstorm to wash out some debris in Lowell Canyon. Streets crews worked at the outflow to move the gravel debris loading in the channel at the bridge. We did get about a 6-foot- deep increase of gravel debris under the falls in just one night on 8/31/20. Kudos to the Streets group for the preventive maintenance done prior to the rains to clear out the bottom end of the creek for more flow and storage area. 15 ® Nonn/ maintenance such as ditching, clearing brush, gr a in? gravel roads, aE 7c also still happening each week. �} * w 14, \ Over 6 feet of gravel debris piled up overnight on 8 31/n 5e edges of crek Public Work continue efforts to clear the buildup of debris. 16 An important message from the Seward public Works Department about our sewer system—and how you can help.. Seward has more than 23 miles of sewer lines,four pump City of Seward PO Box 167 stations;a sewage treatment plant,and outfall at Low e l Smard,AK 99664-0167 Point.These facilities are kept in good operating condition by sewer crews in Public Works.However, maintenance is expensive,especially if the wrong materials go into the sewer.You can help us reduce the cost for maintenance and improve our ability to meet our discharge permits by �. fallowing a few basic rules. 7 These are some things you should do These are some things you should NOT do 1.Put food waste,bones,grease and oil into the garbage or 1.Do not put used oil,grease,paint,solvents,antifreeze your freezer until garbage pick-up day,rather than into the other chemicals,or any hazardous materiels down the drain. sink,a dishwasher,.or garbage grinder.Scrape dishes and 2_Do not flush diapers,sanitary napkins and other rerninine pans before washing them. hygiene products,paper towels,rags,newspapers or plastics a.Dispose of unused medications by crushing,adding water down toilets. and mixing ahem with an absorbenl material like kitty litter, 3.Do not put unused medications,other pharmaceuticals, ooffee grounds or sawdust and placing in,he garbage.Keep or personal care products down the drain. these from children and remove the prescription lahet from oontainers.Check with your pharmacy,clinic,hospital,or A..Do not discharge biocides and odor-masking chemicals Ihai. veterinarian for approved local collections. are harmful to our biological wastewater treatment system. 3.Empty washing machine and dryer lint into the garbage, 5.Do nol use any more water than you need to live oortftably. not the sewer. +4.Avoid drain clogs by not letting hair,soap and grease build Protecting our sewers up in the shower.bath tuff or wash basins.These can be Fats,oils and grease cause rr Dst sewer line blockages-These unclogged naturally quits effeclively with baking soda and are diffrcu.t and expensive to Gear--ar4 can increase health vinegar,followed by boiling water.Avoid excessive use of hazards from back-ups and overflows.They also increase the chemical drain cleaners, rate of delariorallon of sewers and pump slalions.Greasy foods S.Check for running water.leaking toilets-or other uses that include sauces,gravies,salad dressings,deep fried food,butter, may increase your oonsumption ofwater and discharge of cheese,pastries,and meats.waste products sfwuld go into the wastewater unnecessarily, garbage instead of the sink or dishwasher. W —11 r I Call the Public Warks Department at 224-4003 if you have any questions about what you should discharge. Please talk to your friends,neighbors and children alwut why this is important. 17 SEWARD COMMUNITY LIBRARY & MUSEUM Museum Hours: Tues-Thurs, by appointment only Fri-Sat, Noon-5pm Modified Library Hours: Mon-Tues, 11 am-5pm, by appointment only Wed-Sat, llam-5pm Note: Hours and services are subject to change due to the pandemic and staff capacity. We've implemented temporary modifications to our museum and library visits with COVID-19 mitigations to help slow the spread of the virus. Website is kept updated: www.cityofseward.us/libmus Thank You and Farewell Mr. Hinton! It will soon be time for us to say good bye to Evan Hinton, our Technician, who has spent a great deal of time and effort to ensure that Seward has access to new items added to the library and to update and fix innumerable issues in our database and collection which helped to improve our services to our patrons. Evan will be greatly missed, but, fortunately, he isn't going far so he will still be around. Congrats, SPD Dispatch and Evan! Thank you, Evan, for your commitment, dedication and service to our community...we know you'll continue your good work in your new job! Founder's Day at the Museum Thirty museum visitors were able to join in the celebration of Founder's Day, which occurs annually in Seward on August 281h. While we all missed the traditional birthday cake and organ playing, twenty signatures were collected on a large card honoring Seward's founders who began the work of creating a town in 1903. The card created by our partner, the Resurrection Bay Historical Society, also partnered with the Seward Historic Preservation Commission, to sponsor a talk by Doug Capra about Rockwell Kent at the Branson Pavilion that afternoon. Thank you to the Resurrection Bay Historical Society and the Seward Historic Preservation Commission for making the day a special one in spite of the pandemic! New Educator Library Card Are you a local school teacher? Or a parent in charge of your family's homeschool program? If so, you're eligible for an Educator Library Card if you already have a regular library card. This special library account will provide access to educational materials without the need to use your personal library account. It will need to be renewed annually but will have the same 50 loan limits and 6 hold limits as our regular library card and access to the Alaska Digital Library. Help spread the word and contact us to learn more. September is also Library Card Sign-up Month! 2020 CENSUS GIFT CARD GIVEAWAY Through September 30,while supplies last Stop by the Seward Community Library Museum and use one of our public access computers to take the 2020 Census, write down your confirmation number or print a confirmation page and receive a $5 gift card to Subway! Census-themed craft/activity kits available for all ages. Thank You to the Seward Chamber of Commerce for providing gift cards! 18 MINI VIRTUAL STORY TIMES Fridays Ham - 11:15am Note:No Story Time on Friday, September 25 Join us on Facebook Live on Fridays: www.facebook.com/Seward.Communiiy.Library.Museum Watch the recorded video on our Vimeo channel: vimeo.com/sewardlibrarymuseum Mini Story Times last about 10-15 minutes including songs, a rhyme/finger play, and of course, a story! Mini Story Time is developed with preschool-aged children in mind, but all ages are welcome to join in the fun. FALL TAKE HOME CRAFT/ACTIVITY KITS 2" and 4" Saturdays September 1211: Women's Suffrage September 26th: Banned Books Week Craft/Activity kits continue into the fall! The 2nd and 41h Saturday of the month, new craft kits for all ages will be available to pick up while supplies last! If you wish to reserve kits for your family, email alyonkcityofseward.net. Kits distributed starting September 12 will include age-appropriate information, activities, and crafts related to celebrating 100 years of Women's Suffrage and the Voting Rights Act of 1965. Kits distributed starting September 26 will include age-appropriate information, activities, and crafts related to Banned Books Week and celebrating your freedom to read! BANNED BOOK WEEK September 27—October 3 Banned Books Week is an annual event celebrating the freedom to read. It brings together the entire book community in shared support of the freedom to seek and to express ideas, even those some consider unorthodox or unpopular. Learn more at bannedbooksweek.org. Pick up a Banned Books Week themed craft/activity kit starting September 26th! COMMUNITY BOOK CLUB Saturday, October 17 Ilam— 12pm online via Zoom with author Heather Lende The Community Book Club will take place the third Saturday of every month, October-April. Our first book will be the 3rd Alaska Reads selection, Find the Good, Unexpected Life Lessons from A Small-Town Obituary Writer by Heather Lende, now available to check out! Email alyongcityofseward.net for an invitation to join our lively online discussion with author Heather Lende. The 2020-21 Alaska Reads officially launches Oct 51h, but Heather Lende, author of the 3rd biennial selection has agreed to join us for our first Community Book Club of the season on Zoom! From the book jacket: "As the obituary writer in a spectacularly beautiful but often dangerous spit of land in Alaska, Heather Lende knows something about last words and lives well lived. Now she's distilled what she's learned about how to live a more exhilarating and meaningful life into three words:find the good. It's that simple-and that hard. " Alaska Reads is a statewide reading initiative spanning genre and sharing the work of diverse living authors. Alaska Reads bridges vast distances through a shared story. The biennial, statewide program seeks to build excitement around contemporary Alaskan authors and the stories they tell. The selection committee is made up of librarians and writers from the major regions of the state and is chaired by Frank Soos, former Writer 19 Laureate for the state. Director Kingsland is proud to have served on the selection committee since the program's inception in 2016. 2020 SEWARD SUMMER READING CHALLENGE REPORT Dig Deeper: Read,Investigate,Discover! • Our 2020 Summer Reading Challenge (SRC)was a success! Participants complete six logs, each tracking a total of 4 hours of reading in 20-minute blocks, a commonly recommended reading time for young students to maintain their reading level over the summer break. Registration was divided into three age groups: Tots (age 0-5), Child(age 6-17), and Adult(age 18+). • Our team acted quickly and started working in March to convert our program in response to the COVID- 19 pandemic to a virtual program that worked well for our community and received a lot of positive feedback. SRC Modification as a Result of COVID-19 • Virtual Programming_ All in-person programming was cancelled. Instead, 150 take home craft/activity kits were distributed weekly (50 weekly for each of the three age groups) for 10 weeks (1,500 kits made total). Each age group had an age-appropriate craft as well as activities such as outdoor scavenger hunts, outdoor building challenges, and coloring pages. We received many positive comments about the kits from all ages. • Online Registration and Reading Logs: Participants were also able to register online and email reading logs for social distancing. People continued to sign up throughout the 10 weeks, because it's never too late to read! • Budget: Instead of using funds for in-person events, such as the Kickoff and Closing Parties, funds were directed to purchase craft supplies that families could use at home. The Seward Community Library Association donated $1108.86 and the Library Museum spent an additional $1481.13 on supplies for a total cost of about $11 per participant. Left over supplies will be used for future programming. • Registration Kits: Registration kits for all age groups were redesigned to include basic craft supplies such as crayons, glue, and colored pencils to help families complete the weekly craft kits. Donated coloring books about recycling were given to the first 110 registrations! • Prizes: We declined to ask the community for donations for a final raffle to reduce the burden on local businesses. We're also moving away from toy prize type incentives to functional and engaging activities and prizes and were pleased to see that this did not negatively impact participation. SRC Registration Stats Age Group Number of Participants Ages 0—5 56 participants Ages 6—17 110 participants Ages 18+ 72 participants TOTAL 238 20 SRC Reading Stats Reading Log# Cumulative #of Participants Total Hours Cumulative Total Cumulative #of Hours completing each Read Hours Minutes Minutes reading log Read Read Read Reading Log 1 4 Hours 91 364 364 21,840 21,840 Reading Log 2 8 Hours 87 348 712 20,880 42,720 Reading Log 3 12 Hours 79 316 1,028 18,960 61,680 Reading Log 4 16 Hours 78 312 1,340 18,720 80,400 Reading Log 5 20 Hours 75 300 1,640 18,000 98,400 Reading Log 6 24 Hours 73 292 1,932 17,520 115,920 (Completion) Bonus 28 Hours 13 57 1,989 3,420 119,340 Reading Logs TOTAL Hours Read 1989 Hours TOTAL Minutes Read 119,340 Minutes In the end, our community read for 119,340 minutes, and had 73 participants complete the challenge. SRC Program Attendance Stats By counting the number of kits remaining at the end, we were able to determine the overall program attendance and the attendance for each age group. Each kit taken by a participant was counted as one program attendance. Craft/Activity Kit# Tots(age 0—5) Child(age 6—17) Adult (age 18+) Week 1 56 106 70 Week 2 56 106 70 Week 3 50 50 50 Week 4 43 50 50 Week 5 32 50 45 Week 6 33 50 39 Week 7 30 50 39 Week 8 35 50 33 Week 9 25 48 31 Week 10 35 42 28 Totals by Age Group 395 602 455 Total Program Attendance 1,452 SRC Comparison to 2018&2019 Metric 2018 Total 2019 Total 2020 Total Registration 221 155 238 Challenge Completions 29 53 73 Program Attendance* 403 402 1,452* 21 *Program attendance in 2018 and 2019 was counted by the total attendance recorded during programming. 2020 program attendance counted each craft kit taken by a participant as one program attendance. Conclusion: This year's take-home programming was well-received by our community. Despite the challenges due to the pandemic, we had an increased number of participants, completion rates, and program participation when compared to the previous two years! A similar program model is being considered for the Summer Reading Challenge for 2021. Summer Reading Program Sponsors: Library & Museum programs and services are made possible and greatly enhanced by community sponsors and supporters. Join us in thanking the following for their generous contributions and help! • Alaska State Library: The ASL is a member of the Collaborative Summer Library Program and cooperates with the Alaska Library Association each year to sponsor a statewide summer reading program by providing a starter kit of materials, a program manual, webinars and resources to each participating library in Alaska. • Seward Community Library Association: The SCLA donated a total of$1108.86 for craft supplies, pencils, stickers, bookmarks, and posters. • Sustainable Seward: Donated 110 coloring books about recycling in Seward for our registration kits. Thank You to SCLM staff for going above and beyond to create 1,500 craft/activity kits this summer, promote the program, and support community literacy among all ages! Special appreciation and congratulations to Amanda Lyon, our Program Coordinator, for the fast and successful transition to a virtual program and for the positive impact it had on our patrons and community! 22 Sponsored by: Planning & Zoning Commission Introduction Date: August 24, 2020 Public Hearing Date: September 14, 2020 Enactment Date: September 14, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ZONING DESIGNATION OF LOTS 3, 4-5 AND N1/2 LOT 6 BLOCK 16 ORIGINAL TOWNSITE SEWARD FROM MULTI-FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CB) WHEREAS, the property owner of Lot 3 Block 16 Original Townsite Seward submitted an application to initiate a rezoning and paid the requisite filing fee, requesting their lot be rezoned from Multi-Family Residential (R3) to Central Business (CB); and WHEREAS, the property owner of Lot 4, 5 and the N1/2 of Lot 6 Block 16 of Original Townsite Seward signed as a co-applicant adding their property to the area to be amended; and WHEREAS, the proposed area to be amended includes two (2) tax parcels containing approximately .24 acres; and WHEREAS, the existing western Central Business (CB) boundary is contiguous to the parcels proposed to be rezoned as Central Business (CB); and WHEREAS, the current zoning designation of the parcels is Multi-Family Residential (R3), and the future Land Use Plan map recommends the parcels be zoned Central Business district(CB); and WHEREAS, Seward City Code Section §15.01.035 (b) (3) allows the consideration of this rezone because the rezone would alter the existing zoning designation to the contiguous zoning designation and would bring these specific parcels into conformance with the Land Use Plan as approved by City Council in the 2030 Comprehensive Plan; and WHEREAS, the Central Business District (CB) provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040 was conducted by the Commission on July 21, 2020; and 23 CITY OF SEWARD, ALASKA ORDINANCE 2020-011 WHEREAS, at the July 21, 2020 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing, and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 3, 4-5 and N 1/2 lot 6 Block 16 Original Townsite Seward from to Multi-family residential (R3) to Central business district (CB). Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 14th day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 24 Council Agenda Statement Meeting Date: August 24, 2020 To: City Council Through: Scott Meszaros, City Manager; Jackie C. Wilde, Community Development Director_5R5 From: Eric A. Kozielski, Planner Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And N'/z of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) BACKGROUND & JUSTIFICATION: This Ordinance will amend the zoning designation of Lots 3, 4-5 & N1/2 Lot 6 Block 16, Original Townsite of Seward (OTS), from Multi-Family Residential (R3) to Central Business District (CB). (Exhibit "A") The property owner of Lot 3 Block 16 Original Townsite Seward, submitted an application to initiate a rezoning and paid the requisite filing fee on May 8, 2020. The proposed area to be amended included three (3) parcels consisting of approximately .31 acres. The applicant requested this rezone to bring the lots into conformance with the Land Use Plan and to provide for future commercial uses allowed within the Central Business (CB) district, possibly for a communications tower. The Resolution was brought to the Planning and Zoning Commission for public hearing June 2, 2020. The application was postponed due to a conflict between co-owners of Lot 2 BIock I6 where none controlled a majority share, and for staff to request support from nearby property owners to rezone all the Multi-family (R3) zoning between Jefferson and Adams Streets, Blocks 16 & 17 OTS, bringing this entire area into conformance with the future Land Use Map. Staff mailed eight letters to owners of these Multi-family (113) zoned properties on June 16, 2020, explaining the rezone and requesting comment. Staff made phone calls by June 22, 2020 explaining the letters and requesting whether the owner supported a rezone of 25 Council Agenda Statement Page 2 of 4 said area. Responses were accepted through June 30, 2020 so they may be tallied for the commission meeting. There was a 62.5% response rate. Of those responding, 60% opposed being included in rezoning the entire area but only 40% opposed the original rezoning. 40% supported the original rezoning application or rezoning the entire area. At the rescheduled P&Z Commission Meeting of July 21, 2020, staff brought forward the original Resolution with the recommendation that Lot 2 Block 16 OTS be removed from the rezoning application. Staff further recommended that Commission examine whether this would constitute "spot" or contract zoning due to the increased zoning inconsistencies along Block 16. Per SCC §15.01.035 Amendments: Zoning and land use boundaries may be amended or repealed by City Council following procedures in the section 15.01.035 (b) (1) c. - The request to amend the zoning of LOTS 3, 4-5 & N 1/2 LOT 6 BLOCK 16, OTS was initiated by petition of a 100% majority of the property owners of this area to be amended. 15.01.035 (b) (3) - The request to amend the zoning of LOTS 3, 4-5 & NI/2 LOT 6 BLOCK 16, OTS contains Iess than one acre, approximately .24 acres, not including street or alley rights-of-way; However, the request to amend the zoning of LOTS 3, 4-5 & N1/2 LOT 6 BLOCK 16, OTS. would alter the existing R3 to the contiguous CB and would bring these specific parcels into conformance with the Land Use Plan as approved by City Council in the 2030 Comprehensive Plan. This contiguity was determined after research into the actual location of zoning district boundary lines in the originally adopted zoning map, (Exhibit "B"). INTENT: Amend the Land Use Plan and Zoning Designation of Lots 3, 4, 5 and N 1/2 of 6 Block 16, Original Townsite from Multi Family Residential (R3) to Central Business District (CB). Research was done to compare the currently depicted official zoning map as compared to the original official zoning map identified as the existing zoning map April 10, 1988 in ORD1989 626, and executed in the January 2, 1990 map. The original indicates the boundaries following the centerlines of streets and alleys; the current map depiction indicates boundaries at lot lines. None of the ordinances since officially adopting the map have made changes to the original street centerlines as the zoning designation boundaries. 26 Council Agenda Statement Page 3 of 4 CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017): 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans (page 1-14) 1. Update the zoning code to implement the Comprehensive Plan X and bring the zoning map into conformance with the Land Use Plan (page 1-14, bullet 3) Strategic Plan (Approved by Council Resolution 99-043): Pursue the community's vision through rigorous implementation of the 2. Comprehensive and Land Use Plans. (Pages 10 H, Large Bullet 2) X Update the Zoning Code to implement the Comprehensive Plan (Pages 10-11, Small Bullet 4) PUBLIC NOTICE: Property owners within three hundred (300) feet of the affected area were notified of this proposed land u,.e amendment. Public notice signs were po,;tc:d on each block in the area to be amended and all other public hearing requirements of Seward City Code §15.01.040 were complied with. The first round of public notice mailings missed co-owners on properties. The process for verifying the lot owners now includes an individual review of the Kenai Peninsula Borough Assessing Department ownership information for each lot affected. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department IT ATTORNEY REVIEW: Yes`X No PUBLIC COMMENT: Comment solicited from the eight letters to owners mailed June 16, 2020 are as follows. Leona Cange, the adjacent landowner to the south of the rezone area, submitted a letter of objection. Two other phone conversations with Ms. Cange reiterated those concerns. Ms. Coppock, the adjacent land owner to the north of the rezone area, stated in a telephone conversation with staff that there were several historical residences in this portion of Fifth Avenue and putting a commercial structure or communications tower here would change the character of the area. Ms. Coppock was also concerned that staff would seek support 27 Council Agenda Statement Page 4 of 4 to rezone all the Multi-Family zoned lots in the area. Mr. Hearn, one of the land owners across the street to the east of the rezone area, stated he did not want to be involved in a rezone but had no comment otherwise. Mrs. Clemens, another of the land owners across the street to the east of the rezone area, stated she and her husband agreed that they support rezoning the entire area, but this phone conversation was after the deadline on July 20, 2020, and would not have made a majority of lot ownership in support of rezoning the entire area. Of those other owners in support, Mr. Cannava was interested in the ability to develop a commercial use on his lots but had no plans to at this time. Ms. Casagranda has commercial plans for her lot and desires this rezone so that she may move forward on them. Public comment at the June 2, 2020 meeting included objection to the rezone from the co-owner of Lot 2 Block 16 OTS, Meghan Coppock. Ms. Coppock stated she was against any additional commercial uses on this portion of Fifth Avenue, that the character of the immediate area was historical and residential. She also brought up her concern that the procedure used for public noticing could be missing property owners. The applicant Ristine Casagranda spoke on behalf of the rezoning for allowing for commercial uses on the property and bringing the parcels into conformance with the Land Use Plan. During the July 21, 2020 public hearing Ms. Cange's letter was part of the Agenda Packet and cited the historic and residential character of the area. Ms. Casagranda spoke in support of the rezoning citing the conformance to the land use plan and new economic opportunities. Ms. Coppock spoke in opposition to the rezoning based on the residential and historical character of this area as a boon to the overall character of town. Ms. Griswold spoke in opposition to the rezoning stating that this would be considered spot zoning and against the law. RECOMMENDATION: Ordinance 2020-011 The Planning Commission approved the proposed application by a vote of 5 to 1. Based on the small area of the rezoning, the inconsistency created in the zoning of this area, and the potential for intense commercial development to sandwich residential dwellings, community development recommends City Council examine the potential for spot zoning prior to a vote,just as recommended to the Commission. 28 Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) Exhibit "A" 335,331 FIRM Ave Parc els O Single Family Residential Mufti Family Residential -Urban Residential -orrice Residential I' -Auto CDm mercial Central Business District 0 I nstlu tlonal -Park 2 E= ER h w rc t x + I�p ivd, 5 r t mm. I i L n 4' r p r Zoning/Location Map- 335, 331 Fifth Ave Request to Rezone lots from Multi family(R3) N Lots 3,4-6&N112 Lot 6 Block 16 to Central Business(CB) Original Townsite Seward d eterenF data sourer property fines and aerial rr.ay u,y do not - 1.3 correctly.MAP,is to ea used For orientation and rcferencz purposes iy. D.—Sr: EAK 07/291r2020 29 Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) Exhibit `B" From the January 2, 1990 Zoning Map— Color added -_ AC __ $p P j J R -� AC 3 } AC -� IC \ BS _ j yIXTH Avi AC -------------- 30 City gl'Sot,ard, Alaska Seward Planning& Zoning Commission Alinules June 2. 2020 IWume 7, Page 400 Motion (Hatfield/Swann) Postpone this item until the July 7, 2020 meeting Motion Passed Unanimous Resolution 2020-06 Recommending City Council.Approval Of The Rezoning Of Lots 2,3,4- 5 And N% Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Kozielski described the location proposed to be rezoned from Multi-family (R3) to Central Business(CB)and identified the properties for consideration. Kozielski stated that the application indicated the purpose of the re7011ing was to bring the property into conformance with the land use plan and allow for a wider variety of uses, including the possible location of a communication tower. Kozielski stated that the 2030 Comprehensive Plan recommended implementing the land use plan and noted the ways in which this application for rezoning met code requirements for consideration of a land use amendment. Kozielski stated that required public noticing guidelines were followed for this hearing item. Kozielski discussed surrounding land uses and ?oning designations. Kozielski stated that staff reviewed the application and no objections were received. Kozielski stated that prior to publication he answered one public inquiry as to the location of the proposed rezoning, and that after publication of the packet, a second property owner of one of the properties signed on to the application came forward in objection to the proposed rezoning. Kozielski stated the staff recommendation is to postpone this item to consider adding the remaining Multi-Family residential property to the south to eliminate a spot zone and to also consider adding the Multi-Family residential properties across Fifth Avenue bring the area into conformance with the future land use plan. Commissioner Liz DeMoss stated a potential conflict in that she has a business relationship with the applicant. DeMoss further stated that she has no interest in any of the properties affected by this application. Chair Ecklund directed the Commission to discussed the potential conflict and the Commission ruled that a conflict did not exist and Commissioner DeMoss remained at the dais. Chair Ecklund opened public hearing on this item Ristine Casagranda, inside city, provided background on how she purchased the property from the previous owner and then learned that it was zoned Multi Family and subject to use and development restrictions, specifically about setback requirements in the R3 zoning district. Casagranda stated that she was then contacted by a representative inquiring about locations for a communication tower and began considering that as a potential use of her property. Casagranda stated that she is not attached to any specific development plan for the property at this time. Casagranda discussed the process in which her application is being reviewed, and has a problem with the recommendation that other properties would be added to her application when she spent the time putting it together and paying a filing fee. Casagranda stated she does not object to the 31 C'ly of:SeHYard, 4laska Sovard Planning& Zoniiag Commission Minutes June 2. 2020 !Volume 7, Page 401 proposed addition of the other properties, but feels that if the City pursues that then she ought to receive a refund of her filing fee. Meghan Coppock, inside city. stated that she has owned the property to the north for 22 years, and that the co-owner has been outside the state of Alaska for 21 ir2 of those years. Coppock stated that this is her primary residence, and she is in the process of a historic renovation of the home. Coppock stated that she was not informed or consulted about the proposed rezoning and does not consent to her home being rezoned. Coppock discussed the surrounding historic homes on the street and stated she did not want to see the historic character of the neighborhood changed. Motion (CharbonneauJSwann) Approve Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-5 And NYx Of Lot 6 Block 16 From Multi-Family Residential (113) To Central Business District(CB) Motion (Swann[DeMoss) Amend the title of Resolution 2020-06 to add the words "Original Townsite of Seward" after"Block 16" Motion Passed Unanimous Charbonneau stated concerns that this action would leave one lone 10 zoned property in the middle of the block. DeMoss asked if it was typical that a property- owner should seek to bring adjacent properties into conformance with the future land use map when seeking a similar change for their own property. In response, Kozielski discussed a recent rezoning of properties in Forest Acres that had a similar issue. Ecklund and Wilde discussed the process by which this item would he re-advertised for public hearing to include the other R3 zoned properties in the area. Swann asked staff if a property owner objecting to a zoning change would not have to be included,. to which Wilde affirmed. Discussion followed relating to code requirements for enacting land use amendments and development requirements for R3 and CB zoning districts. Chair Ecklund relaxed the rules to ask the applicant additional questions.Casagranda stated that she would prefer to see this move forward with no further delay, but stated that is Commission deems this better for the community then she will be patient. Back on the rules. Swann stated concerns about requiring that a property owner change their zoning to CB, due to the residential setback requirements ascribed to CB lots that are adjacent to residential zoned lots. Wilde stated that staff would contact property owners in the area to get a clear understanding of their wishes and bring it back to the Commission, DeMoss asked if there was any way to allow the applicant to move forward with her plans while staff researched this question, noting that there would likely be much discussion about the rezoning, while the applicant is being required to hold off on their plans to develop. Wilde and Demoss discussed the public notification process. DeMoss reiterated concerns about putting the applicant through unnecessary delays. Ambrosiani asked why the Commission should delay this for lack of notification when the individual who was not notified by mail still heard about it and had opportunity to speak. and further asked if staff was going to use a rezone application to bring 32 City qfSeward,Alaska Selvurd Planning& Zoning Commission Minutes June 2, 2020 Volume 7, Page 402 nearby properties into conformance with the land use map,then why is an application fee collected in the first place.Wilde discussed the zoning application fling fee and process, and stated that city staff does not initiate zoning changes, but makes recommendation to Commission when citizens initiate a request, or makes recommendations for zoning changes as directed by Council or the Commission. Motion (Charbonneau/Hatfield) Postpone Resolution 2020-06 until the July 7, 2020 meeting Ambrosiani stated that he wanted to see a date given for the next hearing, and the motion was rephrased to include the date of July 7"'. Swann reiterated that an objecting property owner should not be required to change their zoning. Hatfield asked what would be done in a situation in which two property owners disagreed, to which Wilde replied that both property owners would need to be in agreement to affect a zoning change. Ecklund stated that she wanted to postpone this because the title was incorrect and it was not properly noticed from the outset Motion passed AYES: Swann,Ambrosiani Charbormeau, Seese, Hatfield,Ecklund NOES: DeMoss UNFINISHED BUSINESS - none NEW BUSINESS Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 2021 Wilde recapped the joint work session between Council and Commission and stated that this is an annual resolution item. Motion (Swan n/Am b rosiani) Approve Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 202t Swann discussed the priority regarding communication tower education and suggested adding an action. Swann stated that this had been a priority for years and the Commission should move forward on it. Ecklund wanted to state that nuisance abatement is an ongoing issue, and the priorities should be changed to use the word 'ongoing' Motion (Swann/Ecklund) Amend priority number 6 to include "and recommend draft ordinance to Council" 33 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 407 Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,DeMoss,Ecklund NOES: none Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4- 5 And NI/2 Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Kozielski stated that this item is being brought back for a second public hearing and provided a summary of discussion from the June 2, 2020 meeting. Kozielski described the location proposed to be rezoned from Multi-family (R3) to Central Business (CB) and identified the properties for consideration, described the purpose of the requested rezoning as stated by the applicant, and discussed surrounding land uses and zoning designations. Kozielski stated that he had contacted all R3 property owners within this area to advise them of the potential areawide rezoning, answer questions, and gauge their interest. Based on these conversations with property owners, the consensus was neutral to negative for rezoning the whole area. Kozielski stated that the owner of Lot 2 objected to the original application and wanted their property withdrawn form the resolution. Kozielski stated that the public notification process was complied with and there were no staff concerns with the rezoning. Kozielski summarized all public comments received prior to this hearing. Kozielski provided analysis on whether this constituted spot zoning. Kozielski stated that staff recommends deleting Lot 2 from the resolution, due to the objection of the owner, and that Commission discuss the original resolution as brought forward by the applicant. Chair Ecklund opened public hearing on this item Ristine Casagranda,inside city, stated that she is the applicant for tonight's rezoning. Casagranda stated that she had some confusion over the process followed by staff, wherein nearby property owners were contacted to join a rezoning application. Casagranda questioned whether the process followed by staff was supported by City Code. Casagranda discussed her interpretation of the rezoning process, and how that process aligns with the comprehensive plan, stating that she thought the intent was rezoning to fit the future land use plan gradually and by initiation of a property owner. Casagranda stated that one of the objecting parties to this item should have known that their property was set to be zoned commercial by the future land use plan, but she does understand the objection of her neighbor who has been in their home for a long time. Meghan Coppock, inside city, stated that she is a neighboring property owner who learned of this rezoning application just prior to the last hearing. Coppock stated that she objected to the proposal at the last meeting and learned of a possible cell tower being placed next door to her. Coppock stated that even if she didn't own property on this block, she would oppose rezoning, particularly to allow a cell phone tower in downtown. Coppock discussed the historical nature of the neighborhood,stating that rezoning to commercial would have a detrimental effect on the character of the neighborhood. Coppock stated that she is concerned about the impact a cell tower would have on her property value, as she is in the process of completing a historic renovation to her home. 34 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 408 Chair Ecklund closed public hearing. Motion (Swann/DeMoss) Approve Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-5 And Nl/Z Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Swann stated that he would like to amend the resolution to delete Lot 2,based on public comments. Staff stated that they had just been contacted by a member of the public stating that they had signed up to speak. Chair Ecklund suspended discussion of the amendment and opened public hearing. Carol Griswold, inside city, stated that this land use amendment constituted an illegal spot zone. Griswold cited the Alaska Supreme Court decision that in addition to conformance with a land use plan, a rezone must show benefit to the community, not an individual property owner. Griswold stated that improved communications may be beneficial to the public but that a tower at this location may not be justified. Griswold stated that an increase of potential commercial uses must also be considered, as well as the change in development requirements that goes with CB zoning. Chair Ecklund closed public hearing. Ecklund asked staff to point out the location of Lot 2, and to point out the other lots that are included in this resolution. In response to Hatfield Kozielski stated that he had not heard from the co-owner of Lot 2 who signed the application, but that since they do not control a majority share of the property, staff recommended removing it from the resolution. Motion (Swann/DeMoss) Amend the title of Resolution 2020-06 to delete"Lot 2"and all references to"Lot 2" throughout the resolution Motion Passed AYES: DeMoss, Charbonneau, Hatfield, Seese, Swann,Ecklund NOES: none ABSTAIN: Ambrosiani Commissioner Ambrosiani joined the meeting partway through discussion and elected to abstain Hatfield asked to clarify that if a rezoning is supported by the Future Land Use plan that it does not need to meet the requirement of being at least one acre in size, to which staff affirmed. 35 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 409 Charbonneau stated that the result of approving this application would result in further zoning inconsistencies on this block between R3 and CB zoning districts. Swann stated that this discussion was about a zoning change, not about potential locations for cell towers. Ecklund discussed the question of whether properties that were broken by rights of way would be considered contiguous, to which she and Kozielski agreed they were. Ecklund discussed the portion of City Code outlining the procedure for land use amendments. Motion passed as amended AYES: Swann, Seese, DeMoss, Hatfield, Ecklund NOES: Charbonneau ABSTAIN: Ambrosiani New Business Items requiring a Public Hearing Resolution 2020-08 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to John Wisel II to construct and operate two or more apartment units within a commercial building located at 213 Fifth Avenue in the Central Business district(CB) Kozielski stated that the applicant is seeking to construct a mixed-use apartment and commercial building in the Central business District, at 213 Fifth Avenue. Kozielski described the size of the parcel, the footprint size of the proposed development,and discussed parking requirements for the specified use within the Central Business District. Kozielski noted that the parking plan did not show dimensions and was arranged such that 2 spaces would be parked in, and an updated plan was not turned in before the meeting as requested during the staff review process. Kozielski stated that public notice process was followed per city code.Kozielski read the recommended conditions into the record Chair Ecklund opened public hearing on this item. Planner Kozielski stated that he had one citizen to call,the applicant, and had also received written comments from citizens who wished them to be read into the record: John Wisel II,inside city, stated that he had a concept design turned in for lower retail space and upper units. Wisel stated that this could be done in a timely manner and discussed inquiries he has received for businesses in the first-floor space. Mark Kulstad,inside city,wrote the following comment to be entered into the record I am writing to oppose Resolution 2020-08. I do not want to see a building built obstructing any more of my view than the previous building located at 213 Fifth Ave, also known as the Video Store. I believe the posting of the property notifying the public is deceptive in stating "Apartment", not Apartments. This discrepancy was brought to the attention of Kate, Stephen and Clinton, earlier this week. A reposting of the property should be mandatory. Parking is 36 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-06 RESOLUTION 2020-06 OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 2, 3, 4-5 AND N'/2 OF LOT 6 BLOCK 16 FROM MULTI-FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CB) WHEREAS, Applicant Big Mama Love LLC via owner Ristine Cassagranda has submitted an application and the filing fee, with and adjacent lot owners Charles Buswell, and Peter Cannava requesting Lots 2,. 3, 4, 5 & N1/2 6 Block 16, Original Townsite of Seward, be rezoned from Multi-Family Residential (R3) to Central Business District(CB); and WHEREAS, the current "Zoning Designation of the parcei,; iti Vulti-Family Residential (R3) and the Future Land Use map recommends the property be zonud +: ntral Business District (CBD); and WHEREAS, the Seward City Code SCC §15.01.035. Amendments, (b) (1 c) allows the initiation of the zoning change by a petition a majority of the property owners in the area to be amended WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and would bring the parcels into conformance with the Land Use Platt; and WHEREAS, goal 3.2.2.1 of the Seward Comprehensive Plan is to, "Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans", and WHEREAS. an objective of the Seward Strategic Plan is to, "Work towards bringing the Zoning Map into conformance with the Land Use Plan"; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01,040 was conducted by the Commission on June 2,2020. 37 Seward Planning and Zoning Resolution 2020-06 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 2, 3, 4, 5 & N1/2 6 Block 16, Original Townsite of Seward, be rezoned from Multi-Family Residential (R3) to Central Business District (CB); and recommends that Ordinance 2020 be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of June 2020. THE CITY OF SEWARD, ALASKA Cindy L. Ecklund Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 38 P&Z Agenda Statement Meeting Date: July 21, 2020 Through: Jackie C. Wilde, Community Development Director From: Eric A. Kozielski, Planner Agenda Item: Resolution 2020-06 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Rezoning of Lots 2, 3, 4-5 And N i/2 Of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3)to Central Business District(CB) This resolution was brought.forward on June 2, 2020 for a public hearing and was postponed; it is corning back tonight for a second public hearing. BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2020-06, amending the /.o n'fflu desi��nation of Lots 2, 3, 4-5 & NI/2 Lot 6 Block 16, Original Townsite of Seward. Irorn `Julti-Family Residential (R3) to Central Business District(CB). (see attached rnap) The applicant submitted for a Land Llse flan Amendment - Rezoning and paid the requisite filing fee on May 8, 2020. The proposed area to be amended included three (3) parcels consisting of approximately .31 acres. The applicant is requesting this rezone in order to bring the lots into compliance with the Future Land Use Plan approved in the 2030 Comprehensive Plan and to provide for future commercial uses allowed within the Central Business District, possibly for a communications tower. The Central Business District (CB) is intended to provide for an area of convenient, attracti�e, concentrated commercial development primarily intended for retail, t'manci 1, entertainment and professional services occurring within enclosed structures. 1�e�jl.d Lions applying to this zone are designed to encourage a compact group of husinesses cif the I' Pe which are mutually beneficial and located close enough together to C11COi11'a"e W,11 :-111 trade. I h,, I Marie 1.<i►id Use Map approved in the 2030 Comprehensive Plan. delineates Lots 2,. _3. 4-� & N 9 i2 Lot 6 Block 16, Original Townsite of Seward,as Central Business District K'13). These lots are currently zoned Multifamily District (R3). The area is less than I acre; however, the requested rezone meets the requirement for public hearing per Seward City Code SCC §15.01.035, Amendments, (b) (3) which allows the consideration of this 39 Seward Planning and Zoning Commission Agenda Statement— Resolution 2020-06 Page 2 of 5 rezone because the parcels are contiguous to the requested zoning district or would bring the parcels into conformance with the Land Use Plan. SURROUNDING LAND USE AND ZONING North of the requested rezone is. Lot 1 Block 16. It is zoned Ventral Business District (CB) and contains a General Commercial business. To the south is one parcel, SI/2 Lot 6 & Lots 7-8 Block 16. This parcel is zoned Multifamily Residential (R3)there is one Residential Dwelling existing. The lots east across 5`h Ave. are zoned Central Business (CB) and Multifamily Residential (R3). There are 3 Residential Dwellings on 30' lots and 5 Residential Vacant lets making up 3 parcels. Three of the vacant lots are used as off-street parking sites for hotels. The lots directly west across the ally are zoned Central Business (CB). There are currently Commercial Businesses and Residential Vacant lots across the alley from the rezone area. FLOODPLAIN STATUS All of the lots are located in FEMA designated,.Zone X. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved lry Council May 30, 20171: 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans(page 1-1 4) l. * Update the zoning code in order to implement the Comprehensive Plan X and bring the zoning map into conformance with the Land Use Plan (page 1-14, bullet 3) 15trat,egic flan (Approved by Counc�r I'.li--tic iYlc community's vision through rig n. ,: in , .911.,".'.r;iiic!II =: i the 2, t: mI)ic1,°n i : and Land. Use Plans, i l' 10-11. .:; it J ?y X 1. pdate lh., A itlil Code in order to IniI71e i�lent the t_ m� -jrehen_sive Plan ! �Pq�1 BOO 4) Seward Cih' Code [' 15.01.035,Amen,i!nents(b): ( i i !_ 1,;tnges in 1'1is title ma% lie initiated by the following means: (c.) By I'el i[ion of a sli,iioritN of 117e property owners in the area to be amended.. 3. (3) 1 '•cch[ for an i rillimn,:e .ihering the boundaries of existing, contiguous X i7ni?, listri,_:• �r:,n to-din'tnee which brings a parcel into conformance itit (; Sr1L! uL I:trt. rdinance altering coning within the City shall be considered if the are,; orn passed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. 40 i'd Planning and Zoning Commission i i Ala Statement— Resol ution 2020-06 3of5 STAFF COMMENTS: Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment NIA Building Department r Public Works Department x Harbor Department x Police Department Electric Department x PUBLIC COMMENT; Property owners within three hundred (300) feet of the proposed land use action were notified of the requested rezone. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with, At the time of publication, staff has received one request for more information from an adjacent land owner but no comments. The first 300ft mailing missed the co-owner of Lot 2, 337 Fifth Avenue. Staff was made aware of this and that the co-owner objects to their property being rezoned. Staff had followed the normal procedure for this mailing and for receiving an application. Since this occurrence staff` has added additional steps for verification of all owners and will send mailings to any second address listed with the KPB Tax Assessing Department as well, Public comment at the first meeting included objection to the rezone from the co-owner of Lot 2 Block 16, Ms. Coppock. Ms. Coppock stated she was against any additional commercial uses on this portion of Fifth Avenue, that the character of the immediate area was historical and residential_ She also brought up the concern that the procedure used for public noticing could be missing property owners with differing addresses from the first listed in the assessor's information. The applicant Ms. Casagranda spoke on behalf of the rezoning for the purpose of allowing for commercial uses on the property and bringing the parcels into conformance with the Future Land Use map within the Comprehensive Plan. Any public comment received after this publication will be presented as a laydown to the Commission and the public at the July 21,2020 meeting. RECOMMENDATION: At the June 2'd public hearing staff recommended postponing to the July 7, 2020 meeting for the opportunity to contact the additional owners of parcels zoned Multi-family (113) between Jefferson and Adams Streets on Fifth Avenue. The purpose was to assess if there was support to change the zoning for all these lots to Central Business (CB). 41 Seward Planning and Zoning Commission Agenda Statement— Resolution 2020-06 Page 4 of 5 Staff mailed letters to the eight (8) land owners, summarizing the proposed change and how it could change the land uses possible on their land. We also explained that given the current development requirements rebuilding would require greater setbacks from property lines than the homes currently have, if no change were afTected. The result of this inquiry is summarized as: The two (2) property owners bookending the proposed rezoning (including Lot 2 which is listed in the proposal) disagree with being included in the staff proposed rezone, and oppose the original rezone application. Two (2) of the parcel owners continue to support the rezoning either as staff proposed or just their lots. On the east side of Fifth Avenue, one (I) did not want to be included but had no further comment. Two(2) owners could not affirm they wanted to be part of the proposed rezone and had no comment on the individual lots being rezoned_ And one (l) offered no communication at all. Of those in objection, Ms. Cange has sent a letter to the commission which is included in the agenda packet. Ms. Cange did not speak but was in attendance for the first meeting. Ms. Coppock in a telephone conversation with staff, stated that there were several historical residences in this portion of Fifth Avenue and putting a commercial structure or communications tower here would change the character of the area. She was also critical of staff for promoting the rezone of all the multi-family lots on the block. she felt staff was working too hard to accommodate a rezoning. Mr. Hearn stated he did not want to be involved in a rezone but had no comment otherwise. Of those in support, Mr. Cannava was interested in the ability to develop a commercial use on his lots but had no plans to at this time. Ms. Casagranda has commercial plans for her lot and desires this rezone so that she may move forward on them. Based on Ihc, -iiziTt inication with owners, Community Development staff cannot recommnds in,\ :ii, i+:fr��ard with rezoning all Multi-family parcels on Fifth Avenue between Jei i'erw,on ,and .Ndarns Streets. Based on the opposition from the owner with greater land 3,+ar lE)r Lot 2, staff recommends amending the rezoning application to remo�c 1-ot [).L'1 dik: )riginal application prior to discussion on this rezoning. In removing 1.k_+t , fl%,in the proposed application. there is no longer contiguous zoning with Central (CB) and the proposed area is still less than one acre. With this recommendatlo i it is necessary to examine whether this would constitute spot zoning or contract zoning. Does public necessity,convenience or general welfare require the rezone? Per the land use plum the public vision is to develop the Central Business distriel and increase the commercial density in this area. There is interest in this location for a possible communications tower which would increase the convenience 'for the C'ity'.s• residents, businesses, and visitor•.s. regarding their connectivity to this technolok7 during peak usage times (Tourism Season). This area is, also part of the Historic District of Seward so any development 42 Seward Planning and Zoning Commission Agenda Statement- Resolution 2020-06 Page 5 of 5 should be sensitive to the historic nature aj'the area. Does the rezone include at least one acre,excluding streets and rights-of-ways? The lots included in the or ginal staff recommendation was approximatelt.)an acre but that included all the remaining Multifamily (R3) zoned lots in the area between Jefferson and Adams on Fah Ave. The proposed rezone was approximately.31 acres, by removing Lot 2 that would be_24 acres approximately Does this small-parcel zoning constitute spot zoning? Does the proposed amendment comply with the comprehensive plan? The proposed amendment is consistent with the Comprehensive Plan as indicated in the Agenda Statement. However, in changing the zoning erf only 2 of the 8 parcels it takes an area with inconsistent zoning and increases the inconsistencies between ac#acent parcels, rather than decreasing those inconsistencies as is desirable. Would the Commission be willing to accept any of the permissible outright land asses in Central Business (CB) to locate between the 2 residential dwellings? A good example to consider is a communications tower as it is one possible use listed in the application ff not then, there could be a claim of spot zoning. What is the effect of the zoning amendment on the owners and on the community at large? The current zoning of Multifamily (R3) limits the devvlopment potential to a single dwelling unit residence on any Qf'the 30'frontage lots due to the .size of the lots. An..1 amItifamily development would require a Conditional Use Permit. By rezoning it bcii,ii1.� :?ie applicants'ability to develop their lots,for a commercial purpose. The adjacent land owners would potentially have a residential dwelling between 2 c01Ir1,101,cial businesses, or communication tower and businesses. TIIc community benefits would include the potential for a new commercial ente►pri.)t-, car Better cellular coverage. Fh .�: lots c+rc within the Historic District identified in the City of Seward Zoning 111up. ncc '71.,boric cC( ''S'ii,etman House" is adjacent to the lots proposed fir rezoning. The benejii io ih,, ;it o lots becoming commercial mcny he a detriment to the character (rf'the area and the r ;+ a(c:tu prope11,111 011'ners. Does the size of the zoning amendment suggest that"spot zoning" is occurring? This is a •mall parcel zoning; Is the proposed area the ,rglwupriale houndories of the propo.�,ti omendment bca.sed upon the alleged benefir, the lc• f,)ne oi'i the communit}':' li?,- n1i11lMUM (11)propriate boundary for this to i),;oinwin Mc' 16c'oefi( I!i the community and tht Jm/6( ii onl(i loc'lu'le L7 C(112([Sll�ia[.� �T!'tJlr+'� �l' h;�i"C'('I1 ti,'J ibe west .side o1 Vgll? 1?u l arcc'l.� in objection it) lhi,+ rc_ewc' .!?c' Ilia' ones that would he nc'c'cNNa1'i ,o i'c_-w?e with the applicants to avoid inconsistenci,to the(omprel?c i^,,±'.r'17h1?i. 43 u r i r P` � P L A• w , At 46 "7 WMA a:ML rp �a 0 Jai. F " ,L � q ;w .a , r ED _ • I ., gypJw 41, _•!�1y AN fr ij, wr • �'may, -�ri 1 tl � ., .: ,. r � .� ,,� ��• r _ �• fU z- E�w r 4. FFF MLL ��' t• away� i�* 4. �� _� e�4-� Im 7�i 6 Drlwn By: EAK 5/1912020 Rom"' � - • ■ , MD 150 300600 Feet r r r ■ i �b�P MUM k Legend a Rural Residential Single Family Residential .- - Two Family Residential C Multi Family Residential Urban Residential Office Residential I ; Harbor Commercial Auto Commercial Central Business District Industrial Institutional ,JIFFERS ® Park Resource Management i p,. Ud F t LLB Rezone of Lots 2, 3, 4-5 & N112 Zoning Map Lot 6 Block 16 Original Townsite N {lrawnBy: EAK 5/19/2020 Seward from R-3 to CBD e 150 300 600Feet Due to different data sources property lines and aerial imagery do not Mapping Assistance by Alaska Map Company,LLC overlay correctly.Map is to be used for orientation and reference purposes 45 All N _ .� F t lF 4�T rr( Ca jn V s i rl r -.c j IL jr um A r -t ___� -�—.--r�8 J �-• H � ; r S �E s r �� - N`i_W. t.' .__—__ r �• C t '°� :fit}1 zl.:..��+�*^"' —_ k ; a i �...�..._._......._-}..-�...+-^•,�.«r" ter' ! � t li" i 1 F i a, t - h r Sa rty, wk nq sC £3L OTI c 9 T ' � k ate � �' �,N.,�,,:�„ � .•.mot s aft -and OOWJACOrwn3tiG"sut-�,aje arc true Ind acemak "-ertity'bat OW toirj�,a bestOfmy ra wbtu< ,' b s '.ie ui ;for c'rrOT. Onty it 21 apr 1? r?�3�&h� 3 arm 5�'`;,v � ti •�o ce '1 the fr t Tyr , ,f eyp.ry t^icsr� fz. Ufa!""OSU rigs By- o i ti 34pmlu 4F i must be q one spocif6c 2ra�'I rr uss t e 9 i' ii 9 c p y � ae 1? .t FEE y; $..4 �.- � ]�_:�t." t - �hoF +_IL,4 ly���.��94ti�1. :�t7�4�..4���f�•ii��It V'Lr��i_� � p,y 11 ;�.I.a.ill�'i`��✓�3§78'M� A M' �F�AJ��{"r rcJ ����3u'fr'mJ �}i��ki��.L'�I'1��.� {a��•��".. TE w i .. y • ti _ 47 . ,° R,sCEIPT# 33685 CITY OF SEWARD 5/o6/2020 410 ADAMS STREET • p0 BOX 167 Received SEWARD AK 99664 From phone: (907)224-4050 pnMq t Tvne _Cb Mk#00D1204 Due pests Lookups Check 300.00 11122 COMMUNITY DEVELOPMENT Tendered 300.00 Change Due Descr_ in!0 Re-Zone Application-Ristine Casagranda-335 5th Ave. Taxes Payable-Sales 19.63280.37 Zoning Fees 23/7' July 1, 2020 Seward Planning&Zoning Commission Regarding: Resolution 2020-06 Commissioner's I attended the planning and zoning meeting on June 2 20M 1 felt that the majority of the homeowners that live on fifth avenue between Adams and Jefferson were not sufficiently represented. Or did they really have an idea how the change would impact the area. This area is in the original townsite of Seward and has considerable historic value. Seward is considered a small community with a significant historical background. To destroy the value you have to make more of an offer to tourists who visit the community would be a shame. The Seward historical society has worked hard to bring forward a plan to give the visitor another option while discovering more on their visit. I heard that one of the other options was a cell tower placed on one of the properties. If you look to the side of my property you will see that the city has several towers and satellite dishes in place. I do not object to them Toeing there because it is a safety issue for the citizens of Seward. But i do object to having another tower placed on the other side of my home, It was brought up that rental property is needed in Seward. At this time there are several multi units being build in and around the city. Look at the empty units that are standing today. Yes I know that tourism is down because of the Virus, but do we really need more empty units within our city ?And what about those units that are empty ? will they be foreclosed on in the near future ? I hope you give serious consideration to keeping the area in question a residential area, for the good of our community. Sincerely, Leona Cange 327 5th Ave. RECEIVED JUL 02 2020 Do- Per .. ....... !C_ 49 Sponsored by: Meszaros Public Hearing: September 14, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH 4JBC, LLC FOR LOT 2 BLOCK 4, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 2015-14 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot 2 Block 4 Fourth of July Creek Subdivision; and WHEREAS,4JBC currently owns Lot IA Block 4 adjacent to Lot 2 Block 4; and WHEREAS, 4JBC needs to lease additional land at the SMIC to expand his business; and WHEREAS, 4JBC, LLC submitted a proposal to lease Lot 2 Block 4 Fourth of July Subdivision for a boat storage/repair yard and an industrial marine facility; and WHEREAS, the City Manager has negotiated a lease agreement to lease Lot 2 Block 4 to 4JBC, LLC under the provisions of Seward City Code 7.05.410; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan. 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 execute a new lease with 4JBC, LLC in substantially the form as presented at this meeting. Section 2. The Seward City Council has determined that the essential terms and conditions and the method disposition of the proposed lease with 4JBC, LLC for the real property described as Lot 2, Block 4, Fourth of July Subdivision, at 208 Nash Road located in the City of Seward, is in the public's best interest. Section 3. The lease shall be effective from October 14, 2020 until October 14, 2040, with the possibility of two additional five (5)year extensions. Section 4. This resolution shall take effect thirty (30)upon adoption. 50 CITY OF SEWARD,ALASKA RESOLUTION 2020-075 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 51 Agenda Statement Meeting Date: September 14, 2020 To: City Council Through: Scott Meszaros, City Manager 55 From: Norm Regis, Harbormaster Agenda Item: Authorizing the City Manager to enter into a new lease with 4JBC, LLC for Lot 2, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 Seward Recording District, Third Judicial District, State of Alaska BACKGROUND & JUSTIFICATION: Patrick Marrs the owner of 4JBC (4 of July Business Center), LLC has owned Lot IA Block 4 adjacent to Lot 2 Block 4 since 2006. Though his business has grown, he has not been able to physically expand it because the land adjacent to his property was leased out. Lot 2 Block 4 (208 Nash Road) has recently become available and Mr. Marrs has submitted a proposal to lease Lot 2, Block 4, Fourth of July Creek Subdivision within the Industrial Zoning District, Seward Marine Industrial Center, 208 Nash Road. The land will be used for boat storage/repair work and an industrial marine facility. The land is not served by utilities at this time. Eventually, Mr. Marrs would like to construct a building on the site, but that will require future permitting. The City Council has previously determined that land at SMIC is available for lease. INTENT: To approve a long-term lease between the City of Seward and 4JBC, LLC on Lot 2 Block 4 Fourth of July Creek Subdivision within the Industrial Zoning District, Seward Marine Industrial Center for boat storage/repair work and an industrial marine facility. CONSISTENCY CHECKLIST: Yes No N/A T mprehensive Plan (3.5.1.2 page I-16): Supportthe SMICdevelopmentn to include new market trends and modern technologies for ship air and construction, shipping of natural resource products, boat X storage, and other com atible industries, Strategic Plan (page 5): Attract New Industry: Develop an aggressive 2 marketing campaign which highlights the diverse resources, and quality of life that make Seward a great place to live and establish a business or X industry. (Pape 5) 52 3. Other (list): FISCAL NOTE: The annual lease amount is $4,240.00 plus tax. The lease rate is based on 8% of the fair market value ($53,000). The parcel was appraised by MacSwain Appraisals, LLC dated February 6, 2020. The leased property will be re-appraised every five years (next scheduled for 2025) and the rent will be adjusted accordingly. Between appraisals, the rent will be adjusted each year according to the Consumer Price Index (CPI). Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECONEAENDATION• Approve Resolution 2020475 authorizing the City Manager to enter into a new lease with 4JBC, LLC for Lot 4, Block 3 (208 Nash Road) Fourth of July Creek Subdivision in the Seward Marine Industrial Center, Plat No 2015 I4 in the Seward Recording District, Third Judicial District, State of Alaska. 53 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and 4JBC LLC Effective Date: 54 TABLE OF CONTENTS ARTICLE 1 - LEASED LAND..................................................... 1 1.1 Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title................................................... 1 1.3 Reserved............. 1 1.4 Property Accepted................................................................................................... 1 1.5 Permits 2 1.6 Platting....................................................................................................................2 ARTICLE2 -LEASE TERM......................................................................................................3 2.1 Lease Term..............................................................................................................3 ARTICLE 3 -RENTAL RATE........................................ 3 3.1 Initial Rental Rate........................................•.................................---......................3 3.2 Rental Adjustments...................................•-•-.............-•--•-........................................ 3 3.3 Procedure for Rental Adjustment............................................................................4 3.4 Effect of Late Appraisal by CITY............................................................................4 3.5 Appraisal by LESSEE......................•.................................---...................................4 3.6 Effective Date ofAdjusted Rental Rate................................................................... 5 3.7 Interim Rental Adjustments........................................•-•---.................................---•.. 5 3.8 Late Payment Charge..............................................................................................5 ARTICLE 4 - USE OF LEASED LAND ..................................... 5 4.1 Use of Leased Land.................................................................................................6 4.2 Obligations ofLESSEE...........................................................................................6 4.3 No Preferential Rights to Use Public Facilities......................................................6 4.4 Adequacy of Public Facilities.................................................................................6 4.5 Tariffs and Other Service Fees ............................................................................... 6 4.6 Time for Payment of Utilities and Taxes.................................................................6 4.7 Other Uses...............................................................................................................7 ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS..........................................................7 5.1 Utilities.................................................................................................................... 7 5.2 Third-Party Improvements......................................................................................7 5.3 Easements................................................................................................................8 ARTICLE 6 - CONSTRUCTION BY LESSEE......................................................................... 8 6.1 Improvements on Leased Land.....................................•--....................................... 8 6.2 City Review of Construction ...................................................................................9 ARTICLE 7- RETURN OF LEASED LAND/SITE CONDITIONS.................................... 10 7.1 Return of Leased Land in Original Condition...................................................... 10 ARTICLE 8 -FORCE MAJEURE........................................................................................... 10 ARTICLE 9 -LESSEE'S ACTS OF DEFAULT..................................................................... 10 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE................................................... 11 ARTICLE 11 -TITLE TO IMPROVEMENTS INSTALLED BY LESSEE........................ 13 11.1 Real Property Improvements .....---•....................................................................... 13 11.2 Personal Property......................................................................................... ARTICLE 12 -ASSIGNMENT OR SUBLEASE .................................................................... 13 12.1 Assignment of Lease or Subleasing....................................................................... 13 i 55 12.2 Assignment of Lease for Security.......................................................................... 13 12.3 Assignment to Affiliate.......................................................................................... 14 ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 14 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY.................................................. 14 ARTICLE15 -INSURANCE .................................................................................................... 14 15.1 Minimum Insurance Requirements....................................................................... 14 15.2 Subrogation Rights Waived................................................................................... 15 ARTICLE 16 - CONDEMNATION.......................................................................................... 16 ARTICLE17-ARBITRATION ............................................................................................... 16 17.1 Arbitration............................................................................................................. 16 ARTICLE 18- MAINTENANCE AND REPAIRS................................................................. 18 18.1 Normal Maintenance............................................................................................. 18 18.2 Safety Issues.......................................................................................................... 18 18.3 Cost of Repairs...................................................................................................... 18 ARTI LE 19 - ENVIRONMENTAL CONCERNS................................................................ 19 19.1 Hazardous Materials.....................................................................................•....... 19 19.2 Permits and Reporting..........................................................................................21 ARTICLE 20 -ESTOPPEL CERTIFICATES........................................................................22 ARTICLE 21 - CONDITIONS AND COVENANTS...............................................................22 ARTICLE 22 -NO WAIVER OF BREACH............................................................................22 ARTICLE 23 - TIME OF THE ESSENCE..............................................................................22 ARTICLE 24 - COMPUTATION OF TIME...........................................................................22 ARTICLE 25 - SUCCESSORS IN INTEREST.......................................................................22 ARTICLE 26 -ENTIRE AGREEMENT..................................................................................22 ARTI LE 27- GOVERNING LAW............................................................•...........................23 ARTIC LE 28 -PARTIAL INVALIDITY.................................................................................23 ARTIC LE 29 -RELATIONSHIP OF PARTIES ....................................................................23 ARTK LE 30 -INTERPRETATION........................................................................................23 ARTICLE31 - CAPTIONS .......................................................................................................23 ARTICLE 32 -AMENDMENT.................................................................................................23 ARTICLE33 -NOTICES..........................................................................................................23 ARTICLE 34 -FIRE PROTECTION.......................................................................................24 ii 56 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai. Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and 4JBC LLC (the "LESSEE"), an Alaska corporation whose mailing address is P.O. Box 1947, Seward, Alaska 99664. WHEREAS, LESSEE has indicated its desire to lease the property known as Lot 2, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 recorded in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 18,432 square feet,more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below)to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 - LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 2, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 recorded in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 18,432 square feet, more or less. 1.2 Covenant of Quiet Enjoyment, Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Reserved. 1.4 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied 1 57 representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. 1.7 Development of Leased Land. LESSEE shall continue to operate a boat storage/repair work and an industrial marine facility through the term of the lease. LESSEE understands that construction and operations of its marine-related business is a major consideration for the CITY's agreement to the lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. 2 58 a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12,no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2020- (the "Resolution"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on October 14, 2040. LESSEE shall have the right to extend the term of this LEASE for two additional five (5) year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 -RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2021, the annual rental rate for the Leased Land shall be set at $4,240.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2025, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety(90) days before each Rental Adjustment Date. 3 59 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety(90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental. Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal 4 60 determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2021 and on July 1 of every year thereafter(each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPT for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion,to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of$2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4- USE OF LEASED LAND 5 61 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for boat storage/repair work and an industrial marine facility. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE may operate a boat repair and boat storage business on the Leased Land. e) Any changes to this site require prior CITY approval,through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that 6 62 LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE_ However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting 7 63 of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however,to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor; and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third.-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. 8 64 b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest., a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building,mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE 9 65 shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7- RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 -FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, pandemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 -LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof,the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 10 66 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-_628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 11 67 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute 12 68 or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 -TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, 13 69 a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 -LESSEE'S DUTY TO DEFENDANDEMNIFY LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 -CITY'S DUTY TO DEFENDANDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 -INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance 14 70 with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain ONE MILLION DOLLARS ($1,000,000) of Ship Repairers Liability Insurance including"hot work" coverage and pollution liability coverage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone 15 71 claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers, or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen(15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify In Its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17-ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator 16 72 for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than FIFTY THOUSAND DOLLARS ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than FIFTY THOUSAND DOLLARS ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute, or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than FIFTY THOUSAND DOLLARS ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage,Alaska. The arbitrator shall be a person who (a)has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial 17 73 evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non-abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in good operating condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare 18 74 of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 -ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon,kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. 19 75 iii) LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this 20 76 subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste. or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and 21 77 any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 -NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in frill force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 -TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday,and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 -ENTIRE AGREEMENT 22 78 This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27- GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 -RELATIONSMP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 -INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles, paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 -AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES 23 79 All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Patrick Marrs PO Box 1947 Seward, Alaska 99664 Each parry shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 -FIRE PROTECTION LESSEE shall, at its sole cost, risk, and expense, provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five (5) years. 24 80 sz nollLag 1?puazg :Isglly zaumO `s-umW)IOLMd lz 2t'U'BA pia `soJL'zsOw boas am `afft, C[HVAc13S go Alla :1ass3l AID •141joj has uraJaq salnp auk slugs pue spurn rra-ll jas aAeil_olwoT4 sat-pd aqj `,40AUgHA, SSaKLIAk I II 81 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2020, by Scott Meszaros, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this /1X day ofAAAJ&5 2020,by Patrick Marrs who executed the foregoing document. vfill d®��'/�i� Notary Public in and for Alaska •� "" °" �`�r My Commission Expires: :'�� - NO�T-y(ARaY lJB . P LJ V " IlA�tlll 26 82 4JBC LLC September 9, 2019 To: Norm Regis, Seward Harbormaster Seward, Alaska Fr: Patrick Marrs 4JBC LLC Po Box 1947 Seward, Alaska 99664 Phone 907 240 8029 Re: SMIC, property located north of the Communication North addition on the corner of Mustang Avenue and Nash road. Raibow presently has lease. Per our discussion last week, I am informing of my desire to lease the property north of my existing property at the Seward Marine Industrial Center if Raibow defaults on the lease or vacates the property. My interest is to develop the property north from my shop/warehouse (4JBC LLC} where Communication North Holdings LLC is located. When the market conditions are appropriate for office/service/supply and storage buildings, 4JBC LLC will build to suit with the expansion of SMIC. Obtaining the lease to this property will make it easier for me to expand on my existing private property and that parcel. I would appreciate consideration of this request if the property becomes available. Sincerely, Patrick Marrs 83 i i z SMIC Lot 2 Block 4 Parcels Q City Limits Location Map - 0 165 330 660Feet Seward Marine Industrial Center :; - ' N Rainbow Replat Lot 2 Block 4 4 JBC LLC Lease Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Drawn By: EAK 08/17/2020 84 MacSwain Associates LLC Parcel 34 `� NOF:AI ..RAS!S OF BEARWf FLA TRACT A3 u'- -- p6�..r (�90 sr) Npo�4'rz"w ror ------- LOT 4D ----- 'o a 47 I � ' Q ' ti ---- � � f50J'34'SOc 59`6:'i Q BLOCK 7 , I � a LOT 3 _ O 57611-0 SG. FT. - Va j BLOCK 4 Subject LOT 2 s n ..._ _. - �-. J ��35 9i._.I., —— 5 .3568E 98s_IS• I •4 I -: TRACT A3 ('Vos+,Road) i _... _ TRACT A3 „-er r?d) 20-3377_ City of Seward Leases 85 MacSwain Associates LLC Subject Property Data, Analysis, & Valuation: Parcel 34 Lessee: Raibow Fiberglass& Boat Repair, LLC Property Lease No: 15-073 Identification Location: Southeast corner of Nash Road and Mustang Avenue, SMIC Legal Description: Lot 2, Block 4, 4`h of July Creek Subdivision, SMI C Current Use: Marine industrial Subject Property Photograph Y' a .ry �.i i Inspection Data Date Inspected: February 6, 2020 Inspected By: MacSwain Associates, LLC Representative: No response Sale History No known sales in the past three years 20-3377: City of Seward Leases 169 86 MacSwain Associates LLC Site DescriptionSite Size/Shape: 18,432/ rectangular Waterfrontage: None Access/Street Improvements: Nash Road and Mustang Avenue (gravel) Utilities: Public Water: None Public Sewer: None Electricity: None Telephone: TclAlaska Topography: Level Easements and Restrictions: 10-foot utility easements on the north and west boundaries, 5-foot utility easements on the south and east boundaries Other Features: Corner site Zoning: I, Industrial Parking: On site, required Assessor No: 145-340-56 Assessment Data 2019 Mill Rate: 9.29 2019 Assessed Land Value:* $69,600 ($3.78/SF) *Assessed land value represents fee simple value estimate Highest and Best Use The demand for land in the Seward Marine Industrial Center is (HABU)Analysis As increasing; however, ample land remains available for development. Vacant As additional lessees enter the SMIC market, we anticipate upward pressure on land value. Market analysis of existing and contemplated land uses further suggests the highest and best use of the subject would be marine industrial. 20-3377: City of Seward Leases 170 87 MacSwain Associates LLC Market Analysis and From the market data discussed in Chapter 7, we have selected the Property Valuation following comparables as being the best data available. Table of Comparables Compared to Parcel 34 No. Location Sale Date Sale Price Size (SF) Price/SF 1 NEC of Seward Highway 11/18 $130,000 74,923 $1.74 and Seward Park Drive 7 Leirer Subdivision 2015-2019 Varies 20,000 to $3.13' 80,000 (typical) 8 North of Port Avenue and 7/19 $475,000 95,036 $5.00 Freight Dock 12 Depot Road, Whittier 11/09 $775,193 66,827 $1 1.60 SEC of Nash Road and N/A N/A 18,432 N/A Mustang Avenue 1_ Current adjustment price based on typical$0.26 to$0.27/SF annual rental rate Comparative Land Comparable 1 is a 1.72-acre parcel with Seward Highway frontage, Value Analysis approximately three miles north of the Seward Small Boat Harbor. The property is unzoned, and has historically been used for industrial yard storage. Access is from Seward Park Drive,just off the highway. By comparison, upward adjustments are necessary for inferior location and size differential Comparable 7 is located just north of the Small Boat Harbor in an industrial neighborhood known as Leirer Subdivision. These comparables are rated superior due to location, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Comparable 8 is a recent ARRC lease transaction located north of Port Avenue and the ARRC Freight Dock. This lease reflects a fee value of$5.00 per square foot for 95,036 square feet. Comparatively, this transaction is superior in terms of location. Conversely, size differential is inferior warranting a partially-offsetting upward adjustment. Overall, this comparable is rated superior. Comparable 12 involves a sale in Whittier in which the ARRC became the buyer/land lessor, and leased the land back to the original buyer for 8% of the sale price. The sale price was$775,193, indicating a unit value of $11.60 per square foot for 66,827 square feet. In comparison, this transaction is rated superior due to economic 20-3377: City of Seward Leases 171 88 MacSwain Associates LLC� character and conditions of sale, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Land Value Based on the preceding analysis and a complete review of the other Conclusion comparables, the market value is estimated to be in the $2.75 to $3.00 per square foot range. This develops: 18,432 SF at $2.75/SF= $50,688 18,432 SF at $3.00/SF= $55,296 Land Valve 553,000 20-3377: City of Seward Leases 172 89 Sponsored by: Meszaros Postponed: August 24, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE ALASKA RAILROAD CORPORATION (ARRC) AND THE CITY OF SEWARD, AUTHORIZING THE CITY TO REIMBURSE ARRC FOR UP TO $396,275 IN COSTS ARISING FROM THE MITIGATION OF COVID-19 AT THE CRUISE SHIP TERMINAL AND DOCK, USING GRANT FUNDS AWARDED TO THE CITY THROUGH A DESIGNATED LEGISLATIVE GRANT FOR COVID-19 MITIGATION AND REIMBURSEMENT WHEREAS, on April 29, 2020, the Department of Commerce, Community, and Economic Development ("Department") notified the City of Seward ("City") that legislature appropriated $440,306 to the City for the purpose of mitigating the risk of COVID-19; and WHEREAS, in order to receive the funds, the City had to provide the Department a document detailing the scope of work for the project; and WHEREAS, on May 6, 2020, the City provided the Department a scope of work for the project committing to use the funds for specified mitigation and protection measures on the Cruise Ship Terminal and Dock to protect the community and cruise ship passengers from transmission of COVID-19 ("Grant Scope of Work"); and WHEREAS, the Alaska Railroad Corporation, who is the owner of the Cruise Ship Terminal and Dock, has agreed to work with the City on the installation and implementation of the protective and safety measures identified in the Grant Scope of Work; and WHEREAS, the City has agreed to reimburse the Alaska Railroad Corporation for up to $396,275 of its costs incurred for completing qualified protective and safety measures identified in the Grant scope of Work; and WHEREAS, the completion of the protective and safety measures identified in the Grant Scope of Work are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the Memorandum of Agreement, attached to this Resolution as Exhibit A, and authorizes the City Manager or his designee to execute this Agreement on the City's behalf. 90 CITY OF SEWARD,ALASKA RESOLUTION 2020-071 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 141h day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 91 Agenda Statement Meeting Date: August 24, 2020 To: City Council From: City Manager, Scott Meszaros S - Agenda Item: Resolution of the City Council of the City of Seward, Alaska Approving the Memorandum of Agreement (MOA) with the Alaska Railroad Corporation for Mitigating COVID-19 at the Cruise Ship Terminal through the Alaska Department of Commerce, Community, and Economic Development, Designated Legislative Grant Program BACKGROUND & JUSTIFICATION: In order to stop the spread of the coronavirus (COVID-19), Governor Dunleavy issued many state health mandates that imposed several social and business restrictions throughout Alaska. In late April, the City received notification from the Department of Commerce, Community and Economic Development that it was being appropriated $440,306.00 to mitigate COVID-19 at the Cruise Ship Terminal. Working with the Alaska Railroad and the cruise ship agency, the City responded with a scope of work to mitigate COVID-19 at the cruise ship terminal. On July 7'h, the City received the Designated Legislative Grant agreement 20-CPV-06, for mitigating COVID-19 at the cruise ship terminal. On July 27'h, the Seward City Council approved Resolution 2020-059 accepting the $440,306.00 in grant funds from the state. A 10% administration cost to the City is allowed for managing the grant, leaving $396,275 of grant funds for the mitigation of COVID-19 at the railroad terminal The City, in collaboration with the Alaska Railroad, have established a MOA to comply with the conditions of the grant agreement on the use of these funds. INTENT: To approve the Memorandum of Agreement (MOA) with the Alaska Railroad authorizing the City of Seward to reimburse the Alaska Railroad for up to $396,275 in cost arising from the mitigation of COVID-19 at the Railroad Terminal and to comply with the Designated Legislative Grant Agreement 20-CPV-06. 92 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (Page I-9 2.2.7) Community Partnership - 1 continue supporting community organizations and their private grants X that enhance our community. Strategic Plan (Page 4 Transportation Facilities) We are a community 2 with diverse transportation facilities including road rail air pedestrian X and water routes that meet the needs of residents, businesses and visitors 3. Other(list): Emergency Declaration Extension COVID 19 X ATTORNEY REVIEW: X Yes No FISCAL NOTE: The Alaska Railroad Corporation will submit invoices to the City throughout the project and will be reimbursed up to $396,275 out of fund 11 103 where grant funds were appropriated via RES 2020-059. Approved by Finance Department: RECOIVMENDATION: For Council to approve Resolution 2020-07l ,approving the MOA with the Alaska Railroad authorizing The City of Seward to reimburse the ARRC in costs arising from mitigating COVID-19 at the railroad terminal and to comply with the Designated Legislative Grant Agreement. 93 MEMORANDUM OF AGREEMENT BETWEEN ALASKA RAILROAD CORPORATION AND THE CITY OF SEWARD REGARDING COVID-19 PROTECTIVE MEASURES AT THE SEWARD CRUISE SHIP TERMINAL This Memorandum of Agreement(hereinafter referred to as "MOA")is made and entered into by and between the ALASKA RAILROAD CORPORATION (hereinafter referred to as the "ARRC"), acting by and through the Office of its President and the CITY OF SEWARD (hereinafter referred to as the "City"), acting by and through the Office of the City Manager. ARTICLE I-BACKGROUND ARRC owns two docks located in the Seward harbor: the Cruise Ship Terminal and a freight dock. In support of ensuring the safety of workers and passengers using the Cruise Ship Terminal, the City pursued State of Alaska capital funding available as a result of the collection of the Commercial Vessel Passenger Tax ("Cruise Ship Tax"). The State of Alaska authorized $440,306.00 through the Designated Legislative Grant Program ("DLGP") for the purpose of mitigating the risk of COVID-19. In order to receive grant funds, the City was required to enter into a grant agreement and provide the Department of Commerce, Community, and Economic Development ("DCCED") a scope of work for the project, including a detailed budget narrative and a completed Signatory Authority Form. ARTICLE II- OBJECTIVE ARRC and the City share a mutual interest in supporting the economic benefits arising from cruise ship industry operations within Seward. The ability for the cruise ship industry to resume operations at the ARRC Cruise Ship Terminal in a reasonably safe manner requires the implementation of additional safety and sanitation measures to mitigate the risk of the coronavirus disease (COVID-19). The City agrees that it will utilize a portion of the grant funds it received through the DLGP` for a Personal Protective Equipment Project ("Project") with the ARRC, and the ARRC, as the owner of the Cruise Ship Terminal, agrees to cooperate with the City in the completion and execution of the Project. It is mutually understood and agreed that the costs incurred by either the ARRC or the City reasonably necessary for performance under the terms and conditions of this MOA shall be paid from the State of Alaska Cruise Ship Tax funds that the 2009 Alaska Legislature appropriated to City for the Project subject to the appropriation being signed into law by the Governor. ARTICLE III- STATEMENT OF WORK A. General: 1. City will be the grantee for $440,306.00 of State of Alaska funding. 2. ARRC agrees to provide products and/or services that are relative to the Project objective to support cruise ships arriving or departing from the Cruise Ship Terminal. The Project will include some but not all items ARRC- City of Seward COVID-19 PPE MOA Page 1 of 7 00963058.DOCX 94 identified in the list proposed to DCCED in the City's May 6, 2020 letter, incorporated into this MOA as Exhibit A. 3. The City will reimburse the ARRC for up to $396,275.00, including ARRC overhead, for the purchase of goods and services necessary to install, attain, implement or otherwise fulfill the Project objective, which will include some but not all items on the list of mitigation measures included in Exhibit A. The City shall only be obligated to reimburse ARRC for costs once the City has been reimbursed for such costs from the State of Alaska under the Grant Agreement between the City and the State of Alaska. 4. City and ARRC agree that the City will not reimburse the ARRC for any amount exceeding $396,275.00 for completion of the Project. 5. City and ARRC agree that the ARRC is not obligated to undertake any work or purchase item(s) that would cause ARRC to exceed ARRC's maximum reimbursement of$396,275.00. B. The City agrees to: 1. Accept responsibility for administering State grant funds, including engaging independent auditors to review financial records of the Project, the cost of which shall be paid from the grant funds. The ARRC and the City acknowledge that the cost of administering the funds is estimated to be approximately $44,031.00. 2. Reimburse the ARRC on a monthly basis based upon the submission of a monthly report of expenses to include invoices by the ARRC to the City itemizing Project expenditures and the receipt of grant funds by the City from the Grant Administrator. 3. Provide space for public meetings, as space requirements permit. The City shall not be required to provide meeting space if in-person meetings have been discouraged or discontinued as a result of COVID-19 unless both parties agree that in-person meetings are essential for completion of the Project. 4. Provide technical and facilitative assistance, as appropriate and financially available under the Project. C. The ARRC agrees to: 1. Contract for equipment or services as required. 2. Provide adequate documentation to City for reimbursement of Project costs, to include Progress or Financial Reports as scheduled. 3. Submit billings to the City on a monthly basis for all Project work accomplished by ARRC. 4. Comply with all requirements and limitations included in the Designated Legislative Grant Program Agreement, attached to this MOA as Exhibit B and incorporated into this MOA, to the extent applicable. D. The City and ARRC mutually agree: 1. This MOA shall remain in force until completion of the Project and final contract payments are made. 2. This MOA may be extended or modified by mutual written agreement of the signatory parties to accommodate Project needs but both parties must still comply with the grant timeline. 3. To oversee Public and Governmental Affairs at all levels. ARRC- City of Seward COVID-19 PPE MOA Page 2 of 7 00963058.DOCX 95 4. To participate in overhead agreements that allow for the City and the ARRC administrative costs to be charged for Project activities. 5. Nothing in this MOA shall obligate any party for the expenditure or appropriation of funds, or for future payments of money, in excess of appropriations authorized by law. 6. Each party will be responsible for its own acts and the results thereof and each party shall not be responsible for the acts of the other party in violation of this MOA. 7. If legal action is undertaken against the Project, City and/or the ARRC as a result of activities under this MOA, the Project will bear the costs of legal defense and settlements if appropriations remain. Otherwise, each party agrees it will assume the risk and liability resulting in any manner under this MOA. 8. Each party will comply with all applicable laws, regulations, grant requirements, and executive orders, including those relative to Equal Employment Opportunity and prohibition against discrimination. 9. All non-proprietary information developed, published or acquired will be available to the City and the ARRC for their use with this Project or other projects. Proprietary information will be defined by Alaska law. Credit will be given to agencies or parties that develop Project materials. 10. Any provision in conflict with any applicable law or regulation shall be automatically preempted by that law or regulation, and any provision found unconstitutional, unenforceable, void or voidable by any court shall not affect the remaining provisions of this MOA. The remaining provisions shall remain in full force and effect. 11. The Department of Commerce, Community, and Economic Development and the State of Alaska are not liable for damages or claims from damages arising from the ARRC's performance or activities under the terms of this MOA or otherwise. ARTICLE IV-TERM OF AGREEMENT This MOA will commence upon the date of the final signature of this document and approval by the Grant Administrator for the State of Alaska, if required by the State of Alaska. This MOA shall remain in effect until expiration of the grant, or until terminated as provided in Article VII. ARRC costs and expenditures arising from the Project shall only qualify for reimbursement if the work performed began on or after March 26, 2020, and costs and expenditures are incurred no later than June 30, 2021, and were approved for reimbursement by the Grant Administrator. ARTICLE V-KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: For the ARRC: Signatory Bill O'Leary, President and CEO Alaska Railroad Corporation P.O. Box 107500 ARRC- City of Seward COVID-19 PPE MOA Page 3 of 7 00963058.DOCX 96 Anchorage, Alaska 99510-7500 (907)265-2403 olearyb2akrr.com James Kubitz, VP Real Estate Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510-7500 (907)265-2428 kubitzj gakrr.com For the City: Signatory Scott Meszaros, City Manager City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907)224-4047 smeszaros2cityofseward.net Norm Regis, Harbormaster City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907) 224-3138 harbormastergcityofseward.net B. Communications - The parties to this MOA will address any communication regarding this MOA to the Key Officials listed above. C. Changes in Key Officials - None of the parties may make any permanent change in a Key Official without written notice to the other parties thirty (30) days in advance of the proposed change. ARTICLE VI-PRIOR APPROVAL Any amendment, revisions, addenda, extensions, or reaffirmation of this MOA must be in writing and be approved and signed by appropriate authorities. ARTICLE VII-MODIFICATION AND TERMINATION A. Only a written instrument executed by both parties may modify this MOA. B. Any party may terminate this MOA for any reason, or for no reason, by providing the other party with sixty (60) days advance written notice. ARTICLE VIII-SPECIAL PROVISIONS A. All actions under this MOA shall comply with all applicable State of Alaska and federal laws. ARRC- City of Seward COVID-19 PPE MOA Page 4 of 7 00963058.DOCX 97 B. This MOA may be executed in separate counterparts and shall be considered executed when both parties have signed the MOA, provided the other party with a signed copy of the MOA, and both parties acknowledge that the MOA has been executed by both parties. IN WITNESS HEREOF, the parties hereto executed this MOA on the date(s) set forth below. For the ARRC For the City of Seward Name: Bill O'Leary Name: Scott Meszaros Title: President and CEO Title: City Manager Date: Date: ATTEST: Brenda J. Ballou, MMC City Clerk [City Seal] ARRC- City of Seward COVID-19 PPE MOA Page 5 of 7 00963058.DOCX 98 EXHIBIT A City of Seward Letter to Department of Commerce, Community, and Economic Development Dated May 6, 2020 ARRC— City of Seward COVID-19 PPE MOA Page 6 of 7 00963058.DOCX 99 EXHIBIT B Designated Legislative Grant Program Agreement ARRC— City of Seward COVID-19 PPE MOA Page 7 of 7 00963058.DOCX 100 CITY OF SEWARD Main Office(907)2244050 16 P.O. BOX 167 Police(907)224-3338 • Harbor(907)224-3138 SEWARD,ALASKA 99664-0167 Fire(907)224-3445 • City Clerk(907)2244046 • Community Development(907)224-4049 • Utilities(907)224-4050 May 6, 2020 Fax(907)2244038 Robin Park, Grant Administrator II SOA-DCCED Div. of Community and Regional Affairs Juneau, Alaska 998 1 1-0809 Re: FY20 Designated Legislative Grant Dear Ms. Park: The list below is what the City of Seward would utilize for responding to and mitigating the risks of COVID-19 at the Cruise Ship Terminal. Working with the Cruise Lines and support staff, this is the list that was developed: • Mobile outside screening tent to keep terminal as infection free as possible- to include separated area from main screening area for screened out guests • Social distancing measures Signage ,-'markings on the deck 0 Seating areas separated to smaller groups • Non touch restroom facilities (doorless entries, automatic paper towel dispensers, flushing toilets, etc.) UVC Downlights in rest rooms and on countertops and railing. • Designated secondary (medical) screening room(rather than a screened off area) • Increased visual cleaning and sanitation practices • Hand sanitizer stations throughout the terminal and dock- 20-30 • Antibacterial surface treatments • Signage for health precautions • Temperature screening scanners/measures- including digital portable no touch and walk through screeners • Staff for continual sanitation • Electrostatic sprayers to transportation and touch surfaces, and fogging machines for motor coaches and trains • UVC technology • Stocks of PPE- masks, gloves (staff check-in, security, longshore, etc.) • COVID 19 specialist physician on retainer • Training for shoreside port operators on COVID 19 detection and handling • COVID 19 rapid test kits Sincerely, Scott Mes gyros Seward City Manger Enclosure 101 DESIGNATED LEGISLATIVE GRANT SIGNATORY AUTHORITY FORM Department of Commerce,Community,and Economic Development,Division of Community and Regional Affairs Please clearly print,submit ORIGINAL form,and submit an updated form annually or whenever changes are made to the information below. Grantee Name: Date: CITY OF SEWARD APR II_30, 2020 Regular Election Held(if applicable): Telephone Number: 907-224-4063 Grantee Contact Name: Fax Number: NANETH AMBROSIANi 907-224-4038 Address: E-mail Address: 410 ADAMS STREET NAM BROSIANI@CITYOFSEWARD,NET City,State,Zip Code: Federal Tax ID 9: SEWARD, AK 99664-0167 92-6000086 Indicate reporting frequency: Monthly Reporting 0 Quarterly Reporting Use this section to designate individuals other than the Chief Administrator to sign the following documents: Grant Agreements and Amendments: Financial/Progress Reports and Advance Requests: Printed Name: Printed Name: SCOTT MESZAROS SAM HICKOK Title: Title: CITY MANAGER ACTING FINANCE DIRECTOR Signat Signature: Pri ed Name: Printed Name: NORM REGI NANETH AMBROSIANI Title: M Title: SEWARD HARBORMASTER GRANT ACCOUNTANT Signature: Signature: This signatory authority is conveyed by SCOTT MESZAROS ,the Chief Name Administrator of CITY OF SEWARD ,this 970 day of �-p T2-1 V ,20 (Grantee Name ure SCOTT MESZAROS,Cl MANAGER —F`rinted� amejT t e Revised 07/2018 102 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXTEND THE INDEPENDENT CONTRACTOR AGREEMENT OF CORY BORGESON FOR AN AMOUNT NOT TO EXCEED $63,000 WHEREAS, the City of Seward continues to search for a Manager for the Electric Utility Department which has been vacant since June 10, 2020; and WHEREAS, Cory Borgeson, former Chief Executive Officer of Golden Valley Electric Association in Fairbanks has been Interim Manager since June 23, 2020; and WHEREAS, the funding authority for the Independent Contractor Agreement with Cory Borgeson will end on or about September 14, 2020; and WHEREAS, the Independent Contractor Agreement was for an indefinite period, but not expected to exceed six months; and WHEREAS, both the City of Seward and Borgeson desire to continue the work written in the Independent Contractor Agreement; and WHEREAS, the amount of $63,000 will cover the weekly compensation and living expenses for an additional 22 weeks. 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 continue the Independent Contractor Agreement between the City of Seward and Cory Borgeson , and funding is hereby approved for 22 weeks of work in an amount not-to-exceed $63,000. Section 2. The funding for this Independent Contractor Agreement will be borne by the Electric Enterprise Fund and be charged to Electric Administration salaries account no. 15000- 3001-6000. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of September, 2020. 103 Agenda Statement Meeting Date: September 14, 2020 • To: City Council Through: Scott Meszaros, City Manager Stephen Sowell, Assistant City Manager From: Sam Hickok, Acting Finance Director Agenda Item: A Resolution of the City Council of The City of Seward, Alaska, Authorizing the City Manager to Extend the Professional Services Contract of Cory Borgeson to Manage the Seward Electric Department BACKGROUND & JUSTIFICATION: On June 10, 2020, John Foutz, long-time manager of the Seward Electric Department, resigned and left the position vacant. Cory Borgeson had retired in March 2020 after eight years of being the CEO of Golden Valley Electric Association in Fairbanks, Alaska. Prior to working as CEO of GVEA, he had been their outside general legal counsel since 1989. On short notice, Borgeson and the City of Seward entered into an Independent Contractor Agreement wherein Borgeson agreed to fill the position of Acting Electric Utility Manager for the City of Seward for an indefinite period, not expected to exceed six months. Borgeson is directly supervised by the City Manager and has the authority and responsibilities as delegated by the City Manager, consistent with City Code. This contract was prepared by the City of Seward's legal counsel. Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department and has been successful in carrying out the goal and objectives of the department. The Electric Manager position has yet to be filled. There is interest in the position and potential candidates are being vetted. There is a need to seek Council funding to continue with Mr. Bergeson's services. The requested funding of$63,000 will allow for the contract to be continued for 22 weeks. That would carry Mr. Borgeson's services through the end of January 2021. INTENT: Extend the Professional Services Contract of Cory Borgeson, to manage the Electric Department while undertaking a search for a new manager for the Electric Department for an amount not-to- exceed $63,000. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: 2. Strategic Plan: F] 104 3. Other: FISCAL NOTE: Funding for this contract is covered by the Electric Administration salaries budget due to the vacancy of the position. No appropriation is necessary. Approved by Finance Department: . ATTORNEY REVIEW: Yes __ No Not Applicable RECOMMENDATION: For City Council to approve Resolution 2020-076__, authorizing the City Manager to extend the Professional Services Contract of Cory Borgeson, to manage the Electric Department for an amount not to exceed $63,000. 105 INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement C'Agreement") are Cory R. Borgeson CBorgeson") and the City of Seward (the"City'). WHEREAS, the Manager position of the Electric Utility of the City will be vacant effective June 12, 2020, and the City needs to fill that position on a non-permanent basis while it locates a person or company to assume the position on a more permanent basis; WHEREAS, Borgeson has experience managing an electric utility in Alaska having been the Chief Executive Officer of Golden Valley Electric Association ("GVEA") in Fairbanks, Alaska since June 2012, and before that represented GVEA as legal counsel since 1989; WHEREAS,Borgeson is willing to work as the Acting Electric Managerfor an interim period in order to allow the City to recruit for that position or restructure how it manages its electric utility; and WHEREAS,the City desires to contract with Borgeson for this purpose. NOW,THEREFORE, the City of Seward and Cory R. Borgeson agree as follows: i. Professional Services Borgeson will fill the position of Acting Electric Utility Manager for the the City of Seward for an indefinite period, not expected to be exceed six months. Borgeson will be bound by all rules, policies, procedures, and ordinances pertaining to the position and its duties including, but not limited to, City ordinances, state and federal law, City of Seward Electric Utility policies, roles and procedures and national electrical safety standards and codes (e.g. the National Electrical Safety Code and the National Electric Code where they pertain). Borgeson shall be directedly supervised by the City Manager, and shall have such authority and responsibilities as may be delegated by the City Manager, consistent with City Code. Borgeson will not participate on behalf of the City of Seward in utility industry groups such as, but not limited to, ARCTEC, RRC, RUM, and BPMC unless obtaining approval from the GVEA board of directors. 2. Inde end nt Contractor Status It is the intent of Borgeson and the City that Borgeson is and as should be classified as an independent contractor and not an employee of the City. As such Borgeson is entitled to no additional benefits or procedural due process as may be applicable to City employees. Borgesion agrees to provide the City with the appropriate tax identification information and assumes responsibility for reprotying an siwthhodlign any and all income taxes. 00940475DOCX 106 3. Compensation Borgeson will invoice the City for his services at the rate of two thousand, five hundred dollars ($2,500.00) per workweek. Borgeson shall not bill the City for any week in which no work is performed. Upon submission of invoices, the City agrees to reimburse Borgeson for actual incurred living expenses (to include rent and utilities) not to exceed $2,000.00 per month. The City shall provide Borgeson the use of a utility vehicle during the period he resides in Seward, and shall be responsibile for the costs of vehicle insurance, fuel, and required maintenance. Borgeson shall comply with all City policies and procedures regarding use of City-owned or leased vehicles. 4. Conflict of Interest Borgeson will devote full-time efforts to the position. Borgeson may accept or continue employment for other business entities during the term of this Agreement subject to meeting the performance obligations herein. In the event Borgeson learns of a potiential conflict of interest, whether actual or perceived, arising out of, or relating to, Borgeson's exisiting or former working relationship with another entity, Borgeson shall provide written notice of said conflict to the City Manager as soon as practical upon learning of the potential conflict. 5. Terminafi n The City may terminate this Agreement at any time upon written notice. Upon termination, Borgeson shall be paid through the last day worked on a pro-rata basis, and reimbursed for actual living expenses incurred, for a period not to exceed the end of the month in which termination occurs, and actual penalities incurred, if any,for termination of any rental agreement. Borgeson shall provide the City thirty(30)days written notice of his intent to terminate the Agreement; the City, at its election, may continue to retain Borgeson's services or terminate the Agreement effective immediately. In the event of such termination, Borgeson shall be entiled to compesation and reimbursement as stated herein, but no other benefits. 6. Assignment Contractor may not assign or delegate this Agreement, or any part of it, except with the prior consent of Eagle. 7. Severability Wherever possible, each provision of this Agreement shall be Interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be 00240475.Docx 107 ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 8. Choice of Law and-Forum Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 9. VoluntaryEx'epution Borgeson represents and acknowledges that prior to signing this Agreement, he has read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. Borgeson additionally represents that he has had an adequate opportunity to consider entering into this Agreement, and if so desired, to discuss the terms, conditions and provisions of this Agreement, as well as all related legal consequences, with an attorney of his choice. 'Id. Entirg Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Borgeson, and contains all of the covenants and agreements, between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein,and that no other agreement,statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. CITY OF SEWARD DATED: By: its: Scott W. Meszaras, City Manager DATED: By: L Cory R. Borgeson 00940475MOOX 108 INDEPENDENT CONTRACTOR AGREEMENT EXTENSION WHEREAS, Cory Borgeson and the City of Seward entered into a contract on June 23, 2020 for Borgeson to fill the position of Electric Utility Manager for a period of three to six months with a cost not to exceed $30,000. WHEREAS, The City of Seward wishes to extend the contact till the end of January 2021 in order to allow the City of Seward to recruit for a utility manager or restructure its electric utility; and WHEREAS, Borgeson agrees to continue his work as an independent contractor under the terms and conditions agreed to in the June 23, 2020 agreement. NOW, THEREFORE, the City of Seward and Borgeson agree to extend the current contract and the City of Seward agrees to fund that extension for twenty-two weeks covering a four-month period ending in January 2021. DATED: By: Scott Meszaros, Seward City Manager DATED: By: Cory Borgeson 109 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $6,000 FROM THE ANCHORAGE POLICE DEPARTMENT INTERNET CRIMES AGAINST CHILDREN DIVISION, THROUGH THE ALASKA INTERNET CRIMES AGAINST CHILDREN (ICAC), FOR THE PURCHASE OF SOFTWARE AND EQUIPMENT TO AID IN LOCAL ICAC INVESTIGATIONS, AND APPROPRIATING FUNDS WHEREAS, the Anchorage Police Department is the lead agency for the Alaska Internet Crimes Against Children (ICAO) Task Force; and WHEREAS, as the lead agency of the Alaska ICAO, the Anchorage Police Department controls the distribution and use, within Alaska, of Federal ICAC Task Force grant funds it has received; and WHEREAS, the Seward Police Department is an affiliate agency of the Alaska ICAC Task Force; and WHEREAS, to increase the Seward Police Department's ability to conduct ICAC investigations the Seward Police Department is renewing the ADF Digital Evidence Investigator Pro software for $2,499 and adding the purchase of the Magnet Forensics software agreement for $3,500; and WHEREAS, the full purchase amount for the above mention software will total $6,000; and WHEREAS, the Anchorage Police Department has authorized the reimbursement of the full amount of $6,000 using its ICAC grant funds to the Seward Police Department upon completion of the purchase. 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 receive the funds from the Anchorage Police Department ICAC grant funds for the reimbursement of the above listed items. Section 2. Funding in the amount of $6,000 is hereby accepted from grant revenue account number 01000-1210-4251-0016 and appropriated to small tools & equipment account number 01000-1210-7217-0016. Section 3. This resolution shall take effect immediately upon adoption. 110 CITY OF SEWARD,ALASKA RESOLUTION 2020-077 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 111 Agenda Statement Meeting Date: September 14, 2020 To: Seward City Council From: Alan Nickell, Acting Chief of Police Through: Scott Meszaros, City Manager Stephen Sowell, Assistant City Manager Agenda Item: Authorizing the Seward Police Department to Accept Grant Funds in the Amount of$6,000 from the Anchorage Police Department Internet Crimes Against Children Division Through the Alaska ICAC for the Purchase of Software and Equipment to Aid in Local ICAC Investigations, and Appropriating Funds. BACKGROUND & JUSTIFICATION: The Seward Police Department has been an active ICAC (Internet Crimes Against Children) affiliate since Spring 2017. Recently, the Seward Police Department had our first ICAC related arrest for more than nineteen counts of possession of child pornography. We have conducted at least seven other ICAC related investigations that did not lead to an arrest. We are certified in BitTorrent and EMule investigations and have actively run and monitored the BitTorrent and EMule UIS software since 20I7 to look for local attempts to download CSEM (Child Sexual Exploitation Material). Our ICAC members also do annual presentations for the three Seward schools and several day care/day camp organizations. We would like to renew the ADF Digital Evidence Investigator Pro software through Advanced Digital Forensic Solutions in the amount of$2,499.00. This is primarily utilized to retrieve data at the location of an investigation. We would also like to add the purchase of Magnet Solutions software in the amount of$3,500. This is specified for cloud-based retrieval of data and will allow for more thorough investigations. The initial funds for the purchase of this equipment would come from the Seward Police budget, though the Anchorage Police Department Internet Crimes Against Children (ICAO) has agreed to reimburse the Seward Police Department in full for the purchase of this equipment. INTENT: To authorize the City Manager to accept the reimbursement funds from the ICAC grant funds for the purchase of software in the amount of$3,500.00 from Magnet Forensics Software and $2,499.00 from ADF Digital Investigator Pro to aid in local ICAC investigations. CONSISTENCY CHECKLIST: Yes No NA I Comprehensive Plan: 2.2.9 Public Safety X * Continuously plan for future police services to ensure the highest level of public safety within the community • Encourage annual reporting of crime statistics analysis of crime incidents, and recommendations for solutions. 112 • Support adequate police services and equipment. _ _ 2 Strategic Plan: (Page 18) Promote a Safe Community X 3 Other: X I FISCAL NOTE: Grant funds received will fully reimburse the police department for these purchases. No appropriation from General Fund reserves is needed. Approved by Finance Department: ._ . ..._...... _ ATTORNEY REVIEW: Yes No X RECOMMENDATION: Recommend approval of Resolution 2020- 0 7 7 , authorizing the City Manager to accept the funds from the Anchorage Police Department Internet Crimes Against Children (ICAC) Division for the purchase of software and equipment to aid in local ICAC investigations. 113 ANCHORAGE POLICE#cF DEPARTMENT Ethan Berkowitz, 4501 Elmore Road • Anchorage, Alaska 99507-1599 Service since 1921 Mayor Telephone (907) 786-8500 Justin Doll, Chief To: A/Chief Alan Nickell Seward Police Department From: APD Captain Josh Nolder Alaska ICAC Commander RE: FY 2019-20 ICAC Grant—Affiliate Funding The DOJ/OJJDP has awarded the Alaska ICAC the grant award for FY 2019-2020. As an affiliate member, your agency has a signed Memorandum of Agreement which established terms and conditions for member agencies to participate in the Alaska Internet Crimes Against Children Task Force (AKICAC). Your past support, performance and involvement in the Alaska ICAC task force has resulted in the following: Member Agency has been awarded in the amount of $6,000.00 for FY2020. This allows the member agency to obligate funds for authorized ICAC expenditures up to the award amount. Expenditures may be for supplies, travel and training that increase computer forensic capabilities and enhance the ability to investigate ICAC related cases. All expenditures for which reimbursement will be sought must be approved in advance, and in writing by the AKICACTF Commander or Co-Commander. To be eligible for FY2020 grant year funding, all pre-approved reimbursement receipts must be received by the Anchorage Police Department no later than 30 days after the purchase or completion of travel and no later than September 1, 2020 which represents the grant closure. Failure to meet deadlines may result in lack of reimbursement. Any deviation from this must be approved in writing. ANCHORAGE POLICE DEPARTMENT _. ___ C Joshua Nolder A aska ICAC Task Force, Commander Date: 114 Q-128562- USD 3,500.00 Quotation Address: 2250 Corporate Park Drive, Suite 130 Herndon,VA 20171 United States ' Phone:519-342-0195 MAGNET Email:sales@magnetforensics.com F 0 R E N S I C S' DUNS:080001807 Cage Code:7K9J2 Quote#: Q-128562-1 Issue Date: 22 Jul,2020 Expires On: 21 Aug,2020 Bill To Ship To End User Karl Schaefermeyer Karl Schaefermeyer Karl Schaefermeyer Seward Police Department Seward Police Department Seward Police Department 410 Adams St PO Box 167 PO Box 167 Seward,Alaska 99664 Seward,Alaska 99664 Seward Alaska 99664 United States United States United States 9072243338 9072243338 9072243338 kschaefermeyer@cityofseward.net kschaefermeyer@cityofseward.net kschaefermeyer@cityofseward.net PREPARED BY PHONE EMAIL PAYMENT TERM Laura May +1 226-499-8909 laura.may@magnetforensics.com Net 30 ITEM# PRODUCT NAME SMS DATES UNIT QTY EXTENDED SELLING PRICE PRICE 2AX03 SMS Magnet AXIOM 1 Jan,2021 to USD 1.00 USD 2,000.00 31 Dec,2021 2,000.00 6CLD02 AXIOM Cloud Add-on for AXIOM 1 Jan,2021 to USD 1.00 USD 1,500.00 31 Dec,2021 1,500.00 Sub-Total USD 3,500.00 Taxes USD 0.00 Grand Total USD 3,500.00 Prices subject to change upon quote expiry.Accurate sales tax will be calculated at the time of invoicing when applicable.If your company is tax exempt,please provide appropriate support with your signed quote. Terms&Conditions Unless you have an existing written agreement with Magnet Forensics for the software and related services listed in this quotation,by:(a)signing below,(b)submitting an Order to Magnet Forensics referencing this quotation,or(c)making payment for the software and related services listed in this quotation,you agree to the terms and conditions at magnetforensics.com/legal/applicable to the software and related services listed in this quotation. Signature Date: Name(Print): Title: Please sign and email to Laura May at laura.may@magnetforensics.com Page 1 of 1 115 GOVERNMENT-PRICE QUOTATION KAMHSOFT TECHNOLOGY CORP a 1 a 1 1 ft ' 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON,VIRGINIA 20190 Aulm PHONE f703)871-854M 1 FAX(703)871-8505 1 TOLL FREE(858)66CARAH WWW.CARAHSOFT.COM ADF@CARAHSOFT.CCrM TO Kid Sohae-emneyer FROM: Matt-svi Kern Seward Pclioe Dept. Ca•a-so9 TeohnDIDgy Corp. Seward,AK 99664 USA 11 Q3 S.n5et Hills Road Suit_100 Reston,Virginia 20190 EMAIL: kschaefermeyerrocityefsewaW.net EMAIL: Malt,ew-KemQearah5aftcom PHONE: f9(17)224-3338 PHONE: (571)662-3040 FAk �703)671-6505 TERMS: FT1N-82-2189923 QUOTE NO: 22-9=1 Shipping PDInt FOB De5tinaom QUOTE DATE: 07.IM2020 Remit To:Sarre a5 Above QUOTE EXPIRES: C03020220 Payment Terms:Net 30 i;On Approved Credit) RFQ NO: Cage CDde:1P3C5 DUNS No:13BB365767 SHIPPING: ESD Credit Cards:VISAgdasWCan:VAME X TOTAL PRICE: $2.499,00 Sales Tax May Appty TOTAL QUOTE: $2,499-00 LINE NO. PART NO. DESCRIPTION QUOTE PRICE QTV EXTENDED PRICE 1 REN-CEIPRa- Re-_vial Dgital Evidence lnvest}31or-ZPRO 1 Year 52499-00 OIa1 1 $2,499.00 1YR-2 Subscripto^Renewal PRO s..:,sc i bon includes corn:.ier fcrens c capab ties c-Digital Euidence Invast galor3 and Mobile Device nvestigatort i0SIA--c•oc oapabilroes in a single license Irveludes M43 ADF Solutions,Inc.-REN-DEIPRO-1YR Start Dabe:1 M]1 202D End Date:OW30121121 SUBTOTAL: $2 41)9 00 TOTAL PRICE: $2A99-90 TOTAL QUOTE: $2,4g9-00 CONFIDENTIAL QUOTE DATE: 07/22/2020 116 Sponsored by: Vice Mayor McClure & Council Member Osenga CITY OF SEWARD,ALASKA RESOLUTION 2020-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY COUNCIL RULES OF PROCEDURES, RULE 9B, IN ORDER TO ENSURE COUNCIL AGENDA ITEMS HAVE SUFFICIENT TIME FOR FINANCIAL, LEGAL, AND MANAGERIAL REVIEW PRIOR TO THE COUNCIL MEETING DATES WHEREAS, agenda items such as resolutions, ordinances, and public hearing items are submitted to City Administration and the City Clerk for review before City Council meetings; and WHEREAS, City Administration and the City Clerk both have deadlines for City Departments to submit items for the Council Agenda; and WHEREAS, City Administration requires City Departments to submit agenda items two weeks before council meetings for financial, legal, and managerial review before Administration submits stated items to the City Clerk's office one week before Council meetings; and WHEREAS, City Council Rules of Procedures (CCROP), Rule 9B, states, "Council Members who wish to add items to the agenda must present the item in writing to the City Clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The Clerk will prepare the written agenda statement if notified by the Council Member prior to 12:00 p.m. Noon on the preceding Monday"; and WHEREAS, the time period between Council submitting agenda items and the Council meeting date is three working days; and WHEREAS, the City Clerk's agenda item deadlines for Council and the City are the same. This leaves no time for the City to respond to Council items before they are published; and WHEREAS, this means Rule 9B prohibits Council agenda items to receive legal, financial, and managerial review before Council meetings, and also prohibits the City and Council to collaborate on agenda items before presented to the Seward Community; and WHEREAS, agenda items require significantly more time to be reviewed financially, legally, and managerially in order to provide correct documentation for agenda items; and WHEREAS, amending CCROP, Rule 9B, to state, "City Council is required to submit their agenda items to City Administration no later than 12:00 p.m. Noon on the Tuesday two weeks prior to the Monday meeting. City Administration will prepare the written agenda statement if notified by the Council Member prior to 12:00 p.m. Noon on the Monday before the Tuesday deadline" would allow adequate time for financial, legal, and managerial review; and 117 CITY OF SEWARD,ALASKA RESOLUTION 2020-078 WHEREAS, Council agenda items would have the same deadline as City Departments, and agenda items from both entities (City Departments and Council Members) would be submitted to the City Clerk the Tuesday before City Council meetings at 12:00 p.m. Noon by City Administration; and WHEREAS, this aligns with Seward City Code, 2.20.035, that states the City Manager "shall be the chief administrative officer of the council and shall perform the duties of his office under authority of and shall be accountable to council. He shall supervise and coordinate the work of the appointed officers and departments of the city...and shall act as coordinator between those officers and other administrative officers, "; and WHEREAS, in order for the City Manager to adhere to Code 2.20.035, and successfully act as the Chief Administrative Officer of Council, and to properly coordinate with appointed officers, City Administration should be the department to work with Council Members on their agenda items before meetings; and WHEREAS, the City Clerk's duties and responsibilities regarding agenda items are for keeping records and publishing them, as can be found in Code 2.20.045: The City Clerk "keeps all ordinances, resolutions, contracts and agreements of the city and authenticate such records as shall be necessary...shall publish ordinances, resolutions and other legal notices as required"; and WHEREAS, this amendment will reinstate Seward City Code into the City Council Rules of Procedures, and empower the City and Council Members to discuss and create agenda items together with a standardized schedule that gives time for Council to receive the best service possible from the City with sound financial, legal, and managerial review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council Rules of Procedures, Rule 9B, is hereby amended to state, "City Council is required to submit their agenda items to City Administration no later than 12:00 p.m. Noon on the Tuesday two weeks prior to the Monday meeting. City Administration will prepare the written agenda statement if notified by the Council Member prior to 12:00 p.m. Noon on the Monday before the Tuesday deadline." Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of September, 2020. 118 Agenda Statement Meeting Date: September 14, 2020 ' r To: City Council E ri From: Sue McClure, City Council Vice Mayor John Osenga, Councilmember Agenda Item: A Resolution of the City Council of the City of Seward, Alaska Amending City Council Rules of Procedures, Rule 913, in Order to Ensure Council Agenda Items have Sufficient Time for Financial, Legal, and Managerial Review Prior to the Council Meeting Dates BACKGROUND & JUSTIFICATION: This amendment is to empower the City and Council Members to discuss and create agenda items together with a standardized schedule that gives sufficient time for Council to access resources available at the City for financial, legal, and managerial review. These review processes take significant time, and the current procedures do not give the City an opportunity to assist Council with the best service possible. City Council Rules of Procedures (CCROP), Rule 9b,states that "Council Members who wish to add items to tlue agenda must present the item in writing to the City Clerk no later than 12:00p.m. on the Tuesday preceding the Monday meeting. The Clerk will prepare the written agenda statement if notified by the Council Member prior to 12:00p.m. Noon on the preceding Monday. " Thus, the time period between Council submitting agenda items and the Council meeting date is three working days. The City Clerk's agenda item deadline for Council, and for the City, are the same. This leaves no time for the City to respond to Council items before they are published. Meaning, current processes prohibit Council to receive financial, legal, and managerial review before Council meetings, and also prohibits the City and Council to collaborate on agenda items before they are presented to the Seward Community. However,amending Rule 9b to state, "City Council is required to submit theiragenda items to City Administration no later than 12:00p.m. Noon on the Tuesday nvo weeks prior to the Monday meeting. City Administration will prepare the written agenda statement if notified by the Council Member prior to 12:00p.m. Noon on the Monday before the Tuesday deadline", would allow a reasonable amount of time for these review processes to take place. Amending this resolution would allow Council and the City to have a clear outline of the Council Meeting Agenda by giving them time to communicate beforehand since they would then be following the same schedule and procedures for submitting agenda items. This amendment is in accordance with Seward City Code, 2.20.035, also. It states that the City Manager "shall be the chief administrative officer of the council and shall perform the dirties of his office under authority of and shall be accountable to the council.He shall supervise and coordinate 119 the work of the appointed officers and departments of the city, except the city attorney,city clerk and city clerk department, and lie shall act as coordinator between those officers and other administrative officers. " For the City Clerk,their duties for Council agenda items,according to Seward City Code,2.20.045, are to keep records and to publish agenda items: "He shall keep all ordinances, resolutions, contracts and agreements of the city and authenticate such records as shall be necessary. He shall publish ordinances, resolutions and other legal notices as required." Thus,CCROP Rule 9b does not comply with Seward City Code as it is currently written. For the City Manager to follow this Code, to successfully act as the Chief Administrative Officer of the Council, and to also properly coordinate with appointed officers,the agenda item process needs to be amended to have the City be the Acceptor of Council Agenda Items at the suggested deadline stated above. This Resolution's purpose is not to take responsibilities away from the City Clerk. Its purpose is to reinstate Seward City Code into the City Council Rules of Procedures regarding the preparation process for the Council Agenda. By amending CCROP Rule 9b to have Council submit their items to City Administration at the same deadline as City departments, both Council and the City will have a clear understanding of the Council Meeting Agenda at a reasonable time before the meetings occur. Council submitting items to City Administration will also allow a sufficient amount of time for their agenda items to be reviewed legally, financially, and managerially. INTENT: To amend CCROP Rule 9b, enabling Council Members to submit agenda items to City Administration the Tuesday two weeks before Council meetings in order for them to receive sufficient legal, financial, and managerial review before Council Meetings, CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: 2. Strategic Plan: 3. Other: FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes No--................ Not Applicable RECOM IENDATION• City Council approve Resolution 2020_--07-8,_authorizing the amendment of Council Rules of Procedures (CCROP), Rule 9b, to state that Council Members will submit agenda items to City Administration on the Tuesday two weeks before Council Meetings, in order to empower communication between both entities, and for Council agenda items to have sufficient legal, financial, and managerial review. 120 4 RULE 9. COUNCIL MEETINGS-AGENDA (a) All reports, ordinances,resolutions, contracts, documents or other matters to be submitted to the Council at the regular meeting must be submitted to the City Clerk not later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The City Clerk prepares the agenda for all such matters according to the order of business, numbering each item consecutively. A copy of the agenda and supporting materials must be delivered to Council Members and the City Manager and made available to the press not later than 7:00 p.m. on the Saturday before the regular Council meeting. [SCC§2.10.055 D.] The agenda packet will be available for public inspection at 9:00 a.m. on the day of the meeting. In addition, the agenda will be published in the local newspaper on the Thursday prior to the meeting. (b) Council Members who wish to add items to the agenda must present the item in writing to the City Clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The Clerk will prepare the written agenda statement if notified by the Council Member prior to 12:00 Noon on the preceding Monday. (c) The Council has the option of deleting any item from the agenda or deferring any item on the agenda to a subsequent Council meeting. Prior to voting on approval of the agenda, an agenda item may be deleted or deferred upon the request of a single Council Member if there is no objection from the remaining members. However, if any member objects,the member wishing to delete or defer an agenda item must so move. This motion requires a second and must receive four affirmative votes for approval. Agenda items may be moved from the consent agenda to the regular meeting agenda upon the request of any member of the Council. (d) No matters other than those on the agenda may be finally acted upon by the City Council provided that matters that seem to be emergencies or of an urgent need by the Mayor or any Council Member or the City Manager,with an explanation of the emergency or urgency stated in open Council meeting, may, with the consent of the Council majority present,be considered and acted upon by the Council. (SCC§2.10.055 E.] RULE 10. WORK SESSIONS Upon written request of the Mayor,City Manager or any two members of the City Council,the Council may hold work sessions for the purpose of planning, studying and discussing any question permitted by law. Work Sessions need have no formal agenda and may be conducted informally so long as such informality is not in conflict with these rules. No formal action may be taken by the Council on any matters discussed in the Work Session until the matter is placed on the Council agenda for a regular or special meeting. Work Sessions generally are held in the City Council Chambers; however, the Council may designate any other location for a particular work session provided that consideration is given to the reasonable accommodation of the public.[SCC§2.10.030 A.4] 3 Council Rules of Procedure Adopted March 14,1994 As Amended Through February 25,2019 121 SECTION II -APPOINTED OFFICIALS The following three city officials are appointed by and report directly to the City Council: City Manager, City Clerk, and City Attorney. They are employed under an employment agreement and are not subject to Title 3 of the Seward City Code. RULE 13. CITY MANAGER The City Manager, as the chief executive officer and head of the executive branch of the City government, or their designee, must attend all meetings of the Council unless excused by the Presiding Officer or Council. The City Manager may take part in the Council's discussion on all matters on the agenda and otherwise concerning the welfare of the City. In the event that the City Manager is unable to attend a council meeting, they will appoint another qualified staff member to attend the meeting on behalf of the City Management. All employees of the City, with the exception of the Attorney and the Clerk and their respective staffs,are appointed by and are responsible to the City Manager. RULE 14. CITY CLERK The City Clerk is the ex-officio Clerk of the Council and, in this role, keeps the official records of the Council meetings, acts as parliamentary advisor to the Council and performs such other duties in the meeting as may be required by the Mayor or the Council. In the absence of the City Clerk,the Clerk will appoint another qualified staff member to act as Clerk of the Council. The Clerk administers all city elections, provides for the codification of all city ordinances, is the custodian of all city records and the city seal, provides administrative support to the Mayor and Council, attests all deeds and other documents of the City,and takes all oaths and affirmations as necessary. RULE 15. CITY ATTORNEY The City Attorney advises the City Council, the City Manager, and the City Clerk on all matters of law. The attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made or entered into by the City, and approves the form of all such instruments. They prosecute violators of the City Code and represent the City in all actions of law. Any Council Member seeking advice from the attorney which will require the expenditure of city funds must first complete a Request for Legal Services Form which must be approved by the City Council and filed in the office of the City Clerk. [Appendix A-]] RULE 16. EVALUATION OF APPOINTED OFFICIALS PURPOSE OF EVALUATION The purpose of providing periodic evaluations of the City Attorney,City Clerk,and City Manager is: • To give the employee timely feedback on his/her performance and to identify areas in which he/she is doing well, along with areas in which improvement may be needed. Evaluation should lead to positive action. 5 Council Rules or Procedure Adapted March 14,1994 As Amended Through February 25.2019 122 2.20.035-City manager duties. The city manager shall have the following duties: 1. He shall be the chief administrative officer of the council and shall perform the duties of his office under authority of and shall be accountable to the council. He shall supervise and coordinate the work of the appointed officers and departments of the city, except the city attorney, city clerk and city clerk department,and he shall act as coordinator between those officers and other administrative officers. 2. He shall sign for the city-approved contracts, leases and agreements as authorized by the city council. 3. He may recommend the council's sale and lease of materials, property, equipment and real estate of the city. 4. He shall negotiate such contracts and leases as the council may authorize. 5. He shall recommend to the council a schedule of fees and rates of all types of services performed by the city departments. 5. He may recommend to the council any basic organization and plans for the city departments and enforce changes as approved by the council. 7. He shall prescribe and enforce such rules and regulations as may be deemed necessary for the operation and management of all offices and departments of the city under his control. B. He shall submit annually a report on the preceding year's financial and administrative activities of the city to the council. 9. He shall present to council a biennial budget proposal for the city, pursuant to§_ .05 5.010 of the Seward City Code. 10. He shall appoint the personnel officer and provide for the management and administration of the city personnel regulations pursuant to Ordinance No. 437, as amended. 11. He shall provide for long and short term and municipal planning. 12. He shall provide input and aid in the field of economic development by working with businesses,groups, and individuals interested in locating in Seward. 13. He shall perform the duties as set forth in the charter. 123 14. He shall perform such other duties as maybe required of him by the council. (Ord. 483, § 1(part), 1980; Ord. 94-49; Ord. 96-07; Ord. 99-14, § 1, 1999; Ord. No.2006-005, § 1, 7- 24-2006; Ord. No.2008-020, § 1, 1-12-2009) Footnotes: —(17)— Charter reference--See charter§5.4 for provisions as to the city manager, Cross reference— Title 3 of this Code for city manager duties as to personnel;see§ 7.10.125 for duties relating to operation of the small boat harbor;see§9.10.020 et seq. for city manager duties as civil defense and disaster director, see§2.01.020 requiring city manager to comply with provisions ofAS 39.50. 2.20,045- City clerk. The position of city clerk is hereby established and the individual appointed by council shall have the following duties: (1) He shall be the clerk of the council, shall attend all meetings of the council and shall keep a record of its proceedings. (2) He shall keep all ordinances, resolutions, contracts and agreements of the city and authenticate such records as shall be necessary. (3) He shall publish ordinances, resolutions and other legal notices as required. (4) He shall administer all city elections and maintain related records. (5) He shall keep informed of all matters pending before the council and other bodies as council may require. (6) He shall keep and maintain appropriate files and records for the accomplishment of his duties. (7) He shall attest to the city manager's signature on all contracts, except as otherwise provided herein,as approved by the council. (8) He shall administer all oaths required by law. (9) He shall be custodian of the city seal and the official records of the city. (10) He shall have the power to appoint deputies, if needed, provided that the appointment of all deputies shall be approved by a majority vote of the council. (11) 124 He shall supervise the city clerk department and shall be responsible for the employment of all employees in the city clerk department subject to the limitations set forth in subsection (10),above. (12) He shall perform the duties set forth in the charter. (13) He shall perform such other duties as maybe required of him bylaw or the city council. (Ord.483, § 1 (part), 1980; Ord.94-49) Footnotes. ---(19)— Charter reference-See charter§5.5 for provisions on the city clerk,see§2.10.095 as to the clerk's responsibility for processing council mail. 125 Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2020-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS FROM THE STATE OF ALASKA HISTORIC PRESERVATION FUND (HPF) IN THE AMOUNT OF $17,295, WITH A REQUIRED MATCH OF $3,970, FOR THE FY2020 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT #20005 "SEWARD HISTORICAL TOUR: PUBLIC EDUCATION SIGNAGE" PROJECT ON BEHALF OF THE SEWARD HISTORIC PRESERVATION COMMISSION,AND APPROPRIATING FUNDS WHEREAS, the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a 40/60 matching Historic Preservation Fund (HPF) Program annually to Certified Local Governments (CLG); and WHEREAS, the City of Seward Historic Preservation Commission (SHPC) has applied for and been awarded several HPF-CLG Grants in the past; and WHEREAS, SHPC received notification for FY2020 HPF-CLG grant proposals on December 17, 2019 with an application deadline of January 30, 2020; and WHEREAS, one FY2020 HPF-CLG priority for grant funding is to increase public awareness of historic preservation; and WHEREAS, one assigned SHPC power and duty is to work toward the continuing education of citizens regarding local historic preservation and community history (Ord 94-04 2.30.425); and WHEREAS, the SHPC has received letters of support for this project from local community groups and businesses for the economic benefit of promoting economic tourism and community pride through education of local historic preservation and community history; and WHEREAS, SHPC and Staff submitted a HPF-CLG Grant application on January 27, 2020 to create physical public educational signage for a Seward historical tour; and WHEREAS, the HPF-CLG Grant 920005 project was approved and the grant agreement was received by the City Staff on July 17, 2020 from the State Historic Preservation Office; and WHEREAS, the estimated total project cost is $28,825, which includes $11,530 City share and $17,295 for Federal share; and WHEREAS,there is an additional 8.5% State indirect cost to the City of$1,470; and 126 CITY OF SEWARD,ALASKA RESOLUTION 2020-079 WHEREAS, the estimated City share consists of$3970 cash, plus 300 in-kind volunteer hours and other in kind and donated goods and services to make up the total cost to the City; and WHEREAS, grant funds will be administered by City Staff and expenditures reimbursed after invoices are submitted; and WHEREAS, the period of the grant upon full execution ends June 30, 2021 with no option for an extension. 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 and appropriate grant funds to pay vendors for services rendered to fulfill the FY2020 HPF-CLG Grant 920005: Seward Historical Tour: Public Education Signage Project. Section 2. Funding in the amount of $17,295 is hereby accepted to state grant revenue account number 01000-1111-4252-0011 and appropriated to contracted services account number 01000-1111-7009-0011. Section 3. Funding in the amount of $3,970 is hereby appropriated from the General Fund reserve account number 01000-0000-3400 to contracted services account number 01000- 1111-7009-0011. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14rh day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: 127 SHPC Agenda Statement Meeting Date: September 14, 2020 To: City Council � Through: Seward Historical Preservation Commission Agenda Item: A Resolution Of The City Council Of The City Of Seward,Accepting Grant Funds From The State Of Alaska Historic Preservation Fund In The Amount Of $17,295 With A Required Match Of $3,970 For The FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission, And Appropriating Funds BACKGROUND & JUSTIFICATION: The State of Alaska, Department of Natural Resources, Historic Preservation Office annually offers matching Historic Preservation Fund (HPF) Program grants to Certified Local Governments (CLG). The City of Seward is a Certified Local Government and has received several of these grants in the past. The match consists of 60%a Federal Share and 40%Sponsor Share. The Sponsor Share may include in-kind volunteer hours, donated work and funds. An 8.5% State indirect cost on the Federal Share is also required. The Alaska State Historic Preservation office sent a notification for a FY2020 HPF-CLG grant proposals on December 171h,2019 with a deadline of January 30,2020. The Commission assigned a CLG Grant committee to work on the application consisting of HP Commissioners Tanguy Libbrecht,Wolfgang Kurtz and Sue Ward due to the very short timeframe between the notification, subsequent HP meetings and the application deadline. This project proposes to install physical interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. The primary purpose of the project is to increase awareness of Seward's historic district sites and their significance. (i.e. sites 50 years or older by creating a walking tour of 25 important historic sites located in Seward. A secondary purpose is SHPC believes there is a cultural and economic benefit to the creation of a walking tour in our historic Seward downtown area for more identified locations of interest and "things to do in Downtown Seward" for the over 100 cruise ships and their passengers who visit in the summer months. Letters of support were received from: Seward City Manager, Seward Chamber of Commerce, Seward Senior Center, Resurrection Bay Historical Society, and the Pioneers of Alaska, Seward. The Commission has formed committees to implement the project plan and to work with and secure permission for properties not owned by the City of Seward. The Commission plans to complete the project by the end of May 2021 in time for the 2021 tour season. The grant proposal was approved by the Alaska Historical Preservation Commission, who reviewed the applications submitted, on April 27, 2020. Due to staffing changes at the State Historic Preservation Office and the COVID-19 pandemic situation, the City of Seward did not 128 receive the grant agreement until July 17, 2020. The grant period begins upon full execution of the grant agreement and ends June 30, 2021, with no option for an extension. Total Project Costs (see grant application Budget Table) Personal Services: $5,000.00 Contractual: $17,825.00 Supplies/Materials: $4,500.00 Travel: $1,500.00 Total Estimated Project Costs: $28,825.00 City Share (see grant application Budget Table) Cash Match: $2,500.00 In-Kind Goods and Services: $2,381.00 (local contributions) Donated Goods and Services: $7,629.00 (300 volunteers hours x $25.43) Estimated City Share of Project Costs: $12,510.00 Plus 8.5% cash State Indirect on Federal Share: $1,470.00 Total Estimated City Cost: $139980.00 ($3,970.00 cash) Federal Share (see grant application Budget Table) Expected cash reimbursement: $17,295.00 City Monetary Share Cash: $2,500.00 8.5% cash State Indirect on Federal Share: $1,470.00 $3,970.00 INTENT: Council approval to accept of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of$3,970.00 to reimburse the vendors for services rendered for the project. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan 2.2.3 Support activities initiated by the Seward 1. Historic Preservation Commission (SHPC). 3111111 Promote x seasonal and vear-round tourism, including heritage tourism. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-I1 x History and Sense of Community pg. 13 Other(list): Seward Historic Preservation Plan 7.1 Opportunities: Educate citizens on historic preservation and the benefits to our community. Historic sites should be identified and labeled. Enhance 3 heritage tourism opportunities. Develop a sense of history among the x populous by recognizing local culture. 8.1 Immediate Action: Identify and share economic benefits of historic preservation. 8.2 Long-tenn Ambitions: Educate local cone nunity about preservation in order to engage therm in preservation a arts. 129 FISCAL NOTE: The City will receive up to $17,295 in grant revenue reimbursement and will utilize its own matching funds in the amount of$3,970. The matching funds are not included in the budget and will come from the General Fund reserves. Approved by Finance Department: _ ATTORNEY REVIEW: Yes No RECOMMENDATION: 079 1. Approve Council Resolution 2020 ..... , A Resolution Of The City Council Of The City Of Seward, Accepting The Funds From The State Of Alaska Historic Preservation Fund Matching FY2020 CLG Grant #20005: Seward Historical Tour: Public Education Signage Project On Behalf Of The Seward Historic Preservation Commission And Appropriating Funds. 2. Direct City Manager to accept of the FY2020 HPF-CLG Grant#20005: Seward Historical Tour: Public Education Signage Project and appropriate the City cash share of$3,970.00 to reimburse the vendors for services rendered for the project. 130 87 THE STATE Department of Natural Resources p,1��T �C�G� Division t7f Parks and Outdoor Rccrealion L J L Office vl'History and Archaeology GOVERNOR NLc AEL J.DuNLEAvY 550 West 711 Avenue, Suite 1310 Anchorage, AK 99501-3565 O}.ALAS Maine 907.269.8700 July 13, 2020 Jessica Stallard, Deputy City Clerk City of Seward P.O. Box 167 Seward, AK 99664 Re: Historic Preservation Fund CLG HPF Grant HPF#20005: Public Education Signage Dear Ms. Stallard: The Alaska Historical Commission met on April 27, 2020 to recommend awards for Historic Preservation Fund (HPF) projects for Certified Local Governments. The City's application, referenced above, was recommended for a 60-40 matching grant. Enclosed are two (2) sets of the grant agreement packet. Please review the agreement and accompanying documents: Assurances, Certifications, and Willingness to Comply with Grant Requirements. Also verify your DUNS on page 1. If you find the agreement acceptable, sign and date page one. In addition, initial pages 2-10 of the agreement,and complete the accompanying documents where necessary throughout each package. Upon completion, return both sets to our office. We will return a set of the executed grant agreement to you. Please note that any work performed prior to full grant execution by both parties is ineligible for reimbursement or match under the HPF grant program. If you have any questions, please e-mail the me at judy.bittner@alaska.gov or call at 907-269- 8715. Sincerely ith E. Bittner State Historic Preservation Officer Cc: Cheryl Seese, Preservation Commission Enc: Grant Agreement Packets (2 sets) 131 State of Alaska Grant Agreement Historic Preservation Fund Program l° CFDA # 15.904 Seward Historical Tour: Public Education Signage HPF - CLG Grant #20005 This grant agreement is between State of Alaska, Department of Natural Resources Division of Parks and Outdoor Recreation Office of History & Archaeology 550 W. 71h Avenue, Ste 1310 Anchorage, AK 99501 hereafter the State, and Grantee City of Seward Employer ID Number (EIN): 92-6000086 P.O. Box 167 DUNS: 037996634+0167 Seward, AK 99664 hereafter the Grantee Grantee Contact Name&Title Telephone Number E-Mail Address Naneth Arnbrosiani Grant Manager 907-224-4063 nambrosiani@cityofseward.net ARTICLE 1. Appendices: Appendices and provisions referred to herein are considered part of this agreement. ARTICLE 2. Performance of Services: 2.1 Appendix A: Scope of Work. 2.2 Appendix B: Estimated Budget. 2.3 Appendix C: Special Conditions. 2.4 Appendix D: Payment Processes. 2.5 Appendix E: Standard Provisions. 2.6 Appendix F: OMB Circulars, Regulations and HPF Guidance. 2.7 Appendix G: Digital Product Submission Guidelines. ARTICLE 3. Period of Performance: The period of performance for this grant agreement begins upon full execution and ends June 30, 2021. The period of performance would normally end Sept 2020, but has been extended, per the National Park Service and State of Alaska due to disruptions from the COVID-19 pandemic. ARTICLE 4. Consideration: In consideration of Grantee's performance under this matching grant program, the State shall apply to the National Park service for HPF assistance in a sum not to exceed$18,765 and shall reimburse Grantee, minus applicable State Indirect costs, in accordance with the Estimated Budget in Appendix B and provisions in Appendix D. GRANT Signature of Grantee's Authorized Representative Date Type or Print Name and Title of Grantee Representative STATE of ALASKA Signature:State of Alaska Certifying Officer Date Judith E. Bittner, State Historic Preservation Officer, Office of History & Archaeology Dept of Natural Resources: Division of Parks & Outdoor Recreation 550 W. 7m Avenue, Suite 1310 Anchorage, AK 99501 132 Appendix A: Scope of Work Recipient shall design and manufacture, as funds allow, signage describing up to 25 historic sites in Seward. A map of such sites shall also be developed as a public education walking tour of historical sites within the city. The signage shall provide specific information on each site and shall address sites, buildings, structures, and objects,rather than general history in that area. Grant Period of Performance Begins upon Execution and Ends June 30,2021. Timeline Benchmark Activities & Proiect Deliverables Quarterly Submit written reports to the Office of History and Archaeology (OHA) describing project work during the preceding three months, referencing benchmarks in this scope of work. July—Aug 2020 Recipient and contractor will meet with stakeholders, property owners, and local knowledge bearers to determine information for each sign. Submit list of stakeholders to OHA. Aug 2020—Feb 2021 Write text, find illustrations, and design sign and panel. Submit drafts to OHA, the Seward Historic Preservation Commission, and other stakeholders for 30-day review and comment. Respond to and incorporate relevant comments into the signs and walking tour map and finalize each.Fabricate signs and prepare for installation. Mar-June 2021 Install signage at identified sites around Seward. Hold a public dedication ceremony and "First Walking Tour." Inform OHA of the event in a timely enough manner that State or Federal officials might attend, if possible. Document event with photographs. Final Reports and Products: Submit the following items to OHA by July 31,2021. 1. Written report describing project activities conducted with grant funds. Include details: who, what, where, when, why. Describe how the Secretary's Standards were applied. Summarize public outreach, input, and review comments. 2. Final bill ing/reimbursement request with financial documentation supporting claimed eligible costs. 3. One digital copy of each of the final sign and map, with photographs of the signs installed. Digital copy must adhere to Digital Product Submittal Guidelines in Appendix G of this agreement. 4. Minutes of HPC meetings showing its participation in the project. HPF--CLG#20003_Seward Walking Tour Signage e 2 Grantee Initials Appendix B: Estimated Budget Budget Categories Amount Personal Services 5,000 Contractual 17,825 Supplies/Materials 4,500 Travel 1,500 Estimated Costs 28,825 Calculations for Grant Purposes 28,825 40% Sponsor Share of Project Costs 11,530 60% Federal Share of Project Costs 17,295 8.5%State Indirect on Federal Share 1,470 Total Federal Award 18,765 Potential Reimbursement to Sponsor 17,295 Appendix C: Special Conditions Contractor's Experience & Rates: Consultants/contractors shall have the requisite experience and training in historic preservation or relevant field to oversee the project work. Maximum rates charged to this grant may not exceed 120% of a Federal Civil Service GS-15, step 10 salary,per project location. Current regional salary tables can be found on the Office of Personnel and Management site at https://www.opm.gov/policy-data- oversighUpay-leave/salaries-wages/salary-tables/pdf/2019/AK.pdf Volunteers and Donations: If a person volunteers services outside his profession or trade, volunteer time shall be valued at the Federal minimum wage rate or a higher applicable rate for general laborers, if Grantee documents such, and the rate is approved by the State Historic Preservation Office. See rates compiled for Alaska by the Independent Sector's Value of Volunteer Time by State: https://www.independentsector.org/volunteer time . Donated labor, equipment or materials shall be adequately documented, if used for match project purposes. A form signed by the donor with dates, names, work performed or items donated, valuation of goods/services, and Grantee's signature, or a detailed listing from the Grantee is required. Reports: Narrative and financial reports may be submitted as often as quarterly. Requests for reimbursement must be accompanied by a narrative for the corresponding period, and a Summary of Documentation form with relevant financial backup (e.g., copies of invoices, receipts, checks paid to vendors, payroll ledgers, or timesheets) as needed. Reports are due within thirty (30) days following the quarter, and within thirty (30) days after project completion or end of project period, whichever occurs first. Submit reports to the State by fax, e-mail, United States Postal Service or another carrier to the Grants Administrator: State of Alaska: Dept of Natural Resources Fax: 907-269-8907 Division of Parks and Outdoor Recreation E-mail: samantha.hudson@alaska.gov 550 W. 7'Avenue, Suite 1380 Anchorage,AK 99501 HPF—CLG#20003_Seward Walking Tour Signage 0* 3 Grantee Initials Covenants: If applicable, a protective covenant shall be attached to the property deed and a copy supplied to the Alaska Office of History and Archaeology (OHA). The covenant will apply when there is a change in ownership; it will be enforceable by Alaska law, and will be monitored by OHA. The covenant is effective upon execution of the document, and shall be recorded prior to disbursement of HPF monies. A grant cannot be repaid to avoid the deed restriction. NEPA Compliance: If grant-assisted activity involves development (construction) or archeology, grantee shall submit an Environmental Screening Worksheet to determine whether a Categorical Exclusion is allowed in accord with the National Environmental Policy Act (NEPA) of 1969. Section 106 Compliance: If grant-assisted activity involves construction or ground disturbance, grantee must complete Section 106 consultation with the State Historic Preservation Office, prior to any such work, per the National Historic Preservation Act (54 U.S.C. 306108). Unanticipated Discovery Protocols: Grantees or contractors shall immediately stop construction in the vicinity of the affected historic or cultural resource and take reasonable measures to avoid and minimize harm to the resource until the SHPO or THPO, grantee or contractor, and Tribes, as appropriate, have determined a suitable course of action within 15 calendar days. Project Sign/Notification: Grantee shall create public notification of the project with a project sign or website posting, as appropriate. Photo documentation of the sign for development projects must be submitted to the State. Costs for fabricating and erecting signage is an eligible grant cost. The sign shall ZD be of adequate design and construction to withstand weather exposure, be easily read from the public right-of-way, and be accessible to the public throughout the project term. At a minimum, all notifications shall contain the following: [Project Name] is supported in part by the Historic Preservation Fund administered by the National Park Service, Department of Interior, and the State of Alaska Office of History &Archaeology. NHPA and Secretary's Standards: Grantee shall comply with provisions of the National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) and apply the appropriate Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation for this grant-assisted project. Appendix D: Payment Processes Reimbursement: Payment shall be made to the Grantee on a cost reimbursement basis. Requests for reimbursement, complete with all necessary backup documentation, shall be processed by the State within 30 days of Grantee submittal. For matching assistance, Grantee must document all eligible project expenses and submit to the State. Retainage: The State may withhold a sum representing up to ten percent (10%) of the total grant amount until acceptable completion of this grant project. Upon receipt and approval of narrative and financial reports, or other necessary documents, the State shall process final reimbursement to Grantee. State Indirect Cost: The State of Alaska includes indirect cost charges as shown in Appendix B. The indirect cost rate may fluctuate during the Period of Performance, but will not exceed 16% for this grant-assisted project. HPF—CLG#20003—Seward Walking Tour Signage e 4 Grantee Initials Appendix E: Standard Provisions Article 1. Definitions. In this grant agreement, attachments, and amendments, "OHA" means State of Alaska Office of History and Archaeology. "NPS" means National Park Service. "CFR" means Code of Federal Regulations. "HPF" means Historic Preservation Fund. Article 2. Insurance. Grantee is responsible for maintaining necessary liability insurance to cover claims brought by third parties for death, injury, property damage, or other loss resulting from activities performed in connection with this grant agreement. The Grantee shall provide and maintain worker's compensation insurance as required by AS 23.30 for all employees engaged in work under this grant agreement. The Grantee shall require any contractor to provide and maintain worker's compensation insurance for its employees as required by AS 23.30. Article 3. Indemnification. Grantee shall indemnify, save harmless and defend the State and NPS, its officers, agents and employees from liability of any nature or kind, including costs and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damage sustained by any person or persons or property as a result of any error, omission or negligent act of the Grantee relating to its performance of this grant. Article 4. Non-Discrimination. Grantee shall comply with requirements of Executive Order 11246 as amended; Title VI of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; and all other Federal laws and regulations prohibiting discrimination on basis of race, color, national or ethnic origin, age, disabilities, religion, gender, or sexual orientation. Article 5. Lobbing. In accepting these funds, Grantee agrees and assures that none of the funds will be used for the purpose of lobbying activities before the Alaska Legislature or United States Congress. Article 6. Business Enterprise Development: Grantee is encouraged to utilize small businesses, minority-owned firms and women's business enterprises to the fullest extent practicable, per national policy pursuant to Executive Order 12432. Article 7. No Assignment or Delegation. The Grantee may not assign or delegate this grant agreement, or any part of it, or any right to any of the money to be paid under it, except with prior written consent of the Certifying Officer. Article 8. Officials Not to Benefit. No member of, or delegate to Congress or the Legislature, or officials or employees of the State or Federal government may share any part of this grant agreement or any benefit to arise from it. Article 9. Partial Invalidity. If any provision of this Agreement be held invalid or unenforceable, the remainder of the Agreement remain valid and shall not be affected. Article 10. Photographs and Data Rights. Grantee shall allow the State of Alaska and the National Park Service royalty-free authority to use and reproduce photographs, reports, and other data produced with this grant. HPF—CLG#20003_Seward Walking Tour Signage PAN 5 Grantee Initials Article 11. Records Retention and Access. Grantee shall retain financial and programmatic records, supporting documents and other grant records in accordance with 2 CFR Part 200.333-337. Article 12. Audits. Non-Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with 31 USC 7501-7507 and 2 CFR Part 200, Subpart F. Grantee may be subject to 2AAC 45.01, single audit regulations for state grants. If applicable, Grantee must comply with all provisions thereof. Article 13. Changes. Grantee shall obtain prior approval for budget and scope revisions, in accordance with 2 CFR §200.308. Changes requested by the Grantee in writing, if approved, will be formalized in an amendment. Amendments must be dated and signed by the State before the change is considered official and approved. Grantee will receive copies of any such amendments. Budget Flexibility and Amendments. Notwithstanding the provisions of Article 13, "Changes," the Grantee may revise line item or subcategory amounts in the project budget in Attachment B without a formal amendment to this agreement when such revisions are limited to a maximum of 10% of the total direct costs. Revisions are limited to changes in existing budget line items or categories and must be documented in writing. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 14. Conflicts of Interest. In procurement of supplies, equipment, construction, and services by recipients and subrecipients, the conflict of interest provisions in 2 CFR § 200.318 apply. Non-federal entities must avoid prohibited conflicts of interest, including any significant financial interest that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a financial assistance agreement. Article 15. Procurement. The Grantee shall procure supplies, materials, equipment, and services in a manner that is fair and reasonable, conforming to written procurement standards which reflect State and local laws, and applicable Federal law and standards in 2 CFR Chapter 1, § 200.317-200.326. Article 16. Termination. This agreement may be terminated in whole, or in part, consistent with termination provisions for Agreements found in 2 CFR 200.339 --200.342. Article 17. Prohibition on Texting and Driving. Recipient is encouraged to adopt and enforce policies that ban text messaging while driving company-owned or-rented vehicles, government-owned or-rented vehicles or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government (Executive Order 13513). Article 18. Seat Belt Provision. Recipient is encouraged to adopt and enforce on-the-job seat belt use policies for employees when operating company-owned, rented or personally owned vehicles. Article 19. Trafficking in Persons. This award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR § 175.15). HPF—CLG#20003—,Seward Walking Tour Signage 'Aie 6 Grantee Initials Article 20. Whistle Blower Rights. Grantee shall inform it employees in writing, in the predominant language of the workforce, of employee whistle blower rights and protections under 41 USC 4712. Grantee shall insert the substance of this clause in all subawards or subcontracts over the simplified acquisitions threshold, 42 CFR § 52.203-17 as referenced in 42 CFR § 3.908-9. Article 21. Current Prevailing Rates of Wage and Employment Preference. Certain grant projects are constrained by the provision of Alaska Statute 36: PUBLIC CONTRACTS. To the extent that such provisions apply to the project that is the subject of this grant agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. Article 22. Reporting Requirements. The Grantee shall submit progress reports to the State according to the schedule established in this grant agreement. Article 23. Right to Withhold Funds. The State may withhold payments under this grant agreement for any violation of these provisions. Any grant funds not utilized for the specific purposes stated in the agreement shall be retained by or returned to the State. Article 24. Site Control. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and Grantee has legal access to such property. Article 25. Inspections and Retention of Records. The State may inspect, in the manner and at reasonable times it considers appropriate, the Grantee's facilities, records and activities under this grant agreement. The Grantee shall retain property receipts and other grant financial records for at least 3 years after project completion or equipment disposal. Article 26. Confidentiality Agreements. Public Law 113-235 prohibits issuing financial assistance awards to entities that require certain internal confidentiality agreements. Grantees must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or restricting them from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative or agency authorized to receive such information. Article 27. Conflicts of Interest. Non-Federal entities shall avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to this financial assistance agreement. Article 28. Publicity and Press Releases. Press releases about this project shall acknowledge the grant assistance provided by the Historic Preservation Fund, NPS, and the State of Alaska, and copies provided to NPS. Notice of public ceremonies shall be transmitted in timely enough manner so that State of Alaska, Department of Interior, Congressional or other Federal officials can attend, if desired. Article 29. GIS Spatial Data Transfer. One digital copy of all GIS data produced or collected as part of these grant funds will be submitted to the State via data transfer in shapefile (*.shp) or GeoDatabase format. Geographic Data Committee compliant metadata shall be included. Template GeoDatabases and guidelines for creating and submitting GIS data can be found at the NPS Cultural Resource GIS Facility webpage: ht!Rs://www.nps.gov/crais/crgjs standards.htm HPF—CLG 4 20003_Seward Walking Tour Signage 0 ,4 7 Grantee Initials F. OMB Circulars, Regulations, and Historic Preservation Fund Guidance Office of Management and Budget (OMB) Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement. (Full text is at http://www.eefr.gov ) a) Administrative Requirements: 2 CFR, Part 200. Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards, in its entirety b) Determination of Allowable Costs: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E c) Audit Requirements: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F d) Procurement Procedures: 2 CFR, Part 200.317-200.326 e) Code of Federal Regulations/Regulatory Requirements: 2 CFR, Part 182 & 1401, Government-wide Requirements for a Drug-Free Workplace 2 CFR, Part 180 & 1400,Non-Procurement, Debarment and Suspension 2 CFR, Part 170: Reporting Subawards and Executive Compensation 2 CFR, Part 175: Trafficking Victims Protection Act of 2000 2 CFR, Part 25: System for Award Management(www.SAM.gov) and Data Universal Numbering System (DUNS) 43 CFR 18: New Restrictions on Lobbying Federal Acquisition Regulation, Clause 52.203-12, Paragraphs (a) and (b): Limitation on Payments to Influence Certain Federal Transactions National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) HPF Grants Manual: Grantee shall comply with the policies set forth in the Manual. Provisions of said manual are incorporated into and made a part of this project agreement. HPF—CLG#20003_Seward Walking Tour Signage R?e 8 Grantee Initials G. Digital Product Submission Guidelines The National Park Service's (NPS) State,Tribal, Local, Plans &Grants (STLPG) Division developed these guidelines to outline the digital product submission process for grant recipients. These guidelines specify the types of products that should be submitted, supply guidance on the file names and formats grant ZZ recipients should use, and define how submissions should be made. Products submitted digitally may be uploaded and shared with the general public through the Integrated Resource Management A lications (]RMA),,,the NPS's digital repository system. To see grant products that have already been uploaded, go to IRMA, choose Historic Preservation Fund (HPF) under "Select a Park, Office, Program or Region" and select a category of featured content. What to submit: • Provide one digital copy of each deliverable or publication under your grant agreement. • Deliverables and publications include, but are not limited to, the following materials: SUBMIT DO NOT SUBMIT Reports, plans and guidelines (including Digital copies saved on CD/DVD-Rs or flash historic structure reports, design guidelines, drives (unless arrangements have been made with economic impact studies, treatment reports, your grant administrator) historic context statements,preservation plans) Confidential/restricted reports that cannot be Substantive event materials (including viewed by the general public(including programs, proceedings, handou Ls,photo graphs) archeological reports, architectural reports on federal buildings or restricted sites) Professionally produced content(including books, documentaries, oral histories, Other documentation not intended for the presentations and PSAs) general public(including survey forms,financial records, correspondence) Interpretive products (including books, brochures, posters, interpretive tours, coloring Ephemeral products unlikely to be of future books or other youth-focused products, lesson value to the general public (including flyers, plans) postcards, invitations, meeting minutes) Online content (including websites, story maps, and other web-based projects) o Final grant products may be made available to the general public and should,by default,feature the NPS disclaimer. Printed products must feature a printed disclaimer when feasible. Audio products must include a spoken version of the disclaimer. Video products must include the disclaimer as an on-screen graphic. A disclaimer is not required when it would be unreasonable to do so, such as on size-restrictive publications like postcards or flyers. • For additional questions about the required disclaimer, consult with your NPS grant manager. HPF—CLG#20003,.,Seward Walking Tour Signage 0a R 9 Grantee Initials Naming files for submission: • Name each file you will be submitting using the following naming convention: [Grant Program]_[Fiscal Year]_[State,if applicable]_[Grantee or Subgrantee]_[Grant Number]—[Short File Description] • Do not use spaces or special characters (#,%,&,?) in the file name. • For"Short File Description," write a brief(less than 50 characters), unique description that would help someone easily and quickly identify the rile. • If files are part of a series, append the number 001, 002, etc.to the end of the description. Ex:Audio files submitted under a FY2018 grant by the DC State Historic Preservation Office SHPO_18 DC_GraiiteeHistol-icDisti-ict_P.17AF00001_JohizDoehitervietv001.iiip3 SHPO_18_DC GrajateeHistoricDistrict_P17AF00001 JohtiDoelfrtervietv002.►np3 ® Use the appropriate abbreviation for your grant program in the file name: Required file formats and resolution standards: • Reports and publications:PDF files saved at 300 ppi (pixels per inch)and 100%n of the original document size. When possible,convert original documents to PDFs (for example,saving as PDFs from Word or InDesign files). Otherwise, save high resolution scans of printed materials as PDFs. • Photos: JPEG or TIFF files saved at a minimum resolution of3000 x 2000 pixels (orb megapixels). o When submitting photographs,include captions, photo credit,and a signed release form (if needed).Photo release fortes are available on the STLPG website. o Development (construction)grants must submit at least one before and one after photograph of work completed under the grant. Refer to the NPS Documenting Historic Places on Film guidelines for more information on photographing a variety of historic environments and buildings. • Videos: MP4 files saved at a resolution of 1280 by 720 pixels. All videos produced with HPF funding should include closed captioning. When reasonable, provide transcripts of videos as Word documents. • Audio: Uncompressed WAV files.When reasonable,provide transcripts of audio files as Word documents. • For more information about formatting deliverables,consult the National Archives`Tables of File Formats. Creating an index file for your submission: • Include this information in the index file for each product that is being submitted: Grant Number Subgrant Number(if applicable) Title of Product Filename Product Creator(s) (give full names and their roles; include up to 5 names or organizations) Date Completed Extent(number of pages, photographs, or length of audio/video riles; use when applicable) Description (up to 200 words) • Save the index file as a Microsoft Word document using the following naming convention: [Grant Program]_[Fiscal Year]_JState,if applicable]_[Grantee or Subgrantee]_f Grant Numher]_lndex.doex Ex: SHPO 18 DC GraiiteeHistot-icDi.stric P17AF00001 1nde.,c.clocx HPF--CLG#20003_seward Walking Tour 5ignage Ne 10 Grantee Initials CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and "Governmentwide Requirements for Drug-Free Workplace" and 15 CFR Part 28. "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant, or cooperative agreement. 1.DEBARMENT, SUSPENSION AND violation of such prohibition; OTHER RESPONSIBILITY MATTERS b)Establishing an ongoing drug-free awareness program to inform As required by Executive Order 12549,Debarment and Suspension, employees about-- and implemented at 15 CFR Part 26,for prospective participants in (1)The dangers of drug abuse in the workplace; primary covered transactions,as defined at 15 CFR Part 26, (2)The grantee's policy of maintaining a drug-free workplace; Sections 26.105 and 26.110-- (3)Any available drug counseling,rehabilitation,and employee (1)The prospective primary participant certifies to the best of its assistance programs;and knowledge and belief,that it and its principals: (4)The penalties that may be imposed upon employees for drug (a)Are not presently debarred,suspended,proposed for debarment, abuse violations occurring in the workplace; declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (c)Making it a requirement that each employee to be engaged in the (b)Have not within a three-year period preceding this proposal been performance of the grant be given a copy of the statement required convicted of or had a civil judgment rendered against them for by paragraph(a); commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State or local) (d)Notifying the employee in the statement required by paragraph transaction or contract under a public transaction;violation of (a)that,as a condition of employment under the grant,the employee Federal or State antitrust statutes or commission of embezzlement, will— theft,forgery,bribery,falsification or destruction of records,making (1)Abide by the terms or the statement,and false statements,or receiving stolen property; (2)Notify the employer in writing of his or her conviction for a (c)Are not presently indicted for or otherwise criminally or civilly violation of a criminal drug statute occurring in the workplace no later charged by a governmental entity(Federal,State or local)with than five calendar days after such conviction; commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (e)Notifying the agency in writing,within ten calendar days after (d)Have not within a three-year period preceding this receiving notice under subparagraph(d)(2)from an employee or applicationfproposal had one or more public transactions(Federal, otherwise receiving actual notice of such conviction.Employers of State or local)terminated for cause or default. convicted employees must provide notice,including position title,to (2)Where the prospective primary participant is unable to certify to the Director,Office of Federal Assistance,Office of Federal any of the statements in this certification,such prospective Assistance and Management Support,HCHB Room 6051,U.S. participant shall attach an explanation to this proposal. Department of Commerce,Washington,DC 20230.Notice shall include the identification number(s)of each affected grant; (0 Taking one of the fallowing actions,within 30 calendar days of 2. DRUG-FREE WORKPLACE REQUIREMENTS receiving notice under subparagraph(d)(2),with respect to any Alternate I.Grantees Other Than Individuals employee who is so convicted-- (1)Taking appropriate personnel action against such an employee, As required by the Drug-Free Workplace Act of 1988,and up to and including termination,consistent with the requirements of implemented at 15 CFR Part 26,Subpart F,for grantees,as defined the Rehabilitation Act of 1973,as amended;or at 15 CFR Part 26,Sections 26.605 and 26.610-- (2)Requiring such employee to participate satisfactorily in a drug A.The grantee certifies that it will or will continue to provide a drug- abuse assistance or rehabilitation program approved for such free workplace by: purposes by a Federal,State,or local health,law enforcement,or other appropriate agency: (a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a (g)Faking a good faith effort to continue to maintain a drug-free controlled substance is prohibited in the grantee's workplace and workplace through implementation of paragraphs(a),(b),(c),(d),(e) specifying the actions that will be taken against employees for and(f), 142 B.The grantee shall insert in the space provided below the site(s)for of any Federal contract,the making of any Federal grant,the making the performance of work done in connection with the specific grant: any Federal loan,the entering into of any cooperative agreement, Place of Performance:(Street address,city,county,stale,TIP and the extension,continuation,renewal,amendment,or modification code):,_...__._ _ of any Federal contract,grant,loan,or cooperative agreement. (2)if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Check❑ if there are workplaces on file that are not identified influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a here. member of Congress in connection with this Federal contract,grant, Alternate 11. Grantees Who Are individuals loan,or cooperative agreement,the undersigned shall complete and submit Standard Farm-LLL, Disclosure Form to Report Lobbying,"in As required by the Drug-Free Workplace Act of 1988,and accordance with its instructions. implemented at 15 CFR 26,Subpart F,for grantees,as defined at 15 (3)The undersigned shall require that the language of this CFR Part 26,Sections 26.605 and 26.610- certification be included in the award documents for all subawards at (A)The grantee certifies that,as a condition of the grant,he or she all tiers(including subcontracts,subgrants,and contracts undergrants,loans,and cooperative agreements)and that all subrecipients will not engage in the unlawful manufacture,distribution,dispensing, shall certify and disclose accordingly. possession,or use of a controlled substance in conducting any activity with the grant; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. (B)If convicted of a criminal drug offense resulting from a violation Submission of this certification is a prerequisite for making or entering occurring during the conduct of any grant activity,he or she will into this transaction imposed by section 1352,title 31,U.S.Code.Any report the conviction,in writing,within 10 calendar days of the person who fails to file the required certification shall be subject to a conviction,to the Director,Office of Federal Assistance,Office of civil penalty of not less than$10,000 and not more than$100,000 for Federal Assistance and Management Support, HCHB Room 6054, each such failure. U.S.Department of Commerce,Washington, DC 20230.When notice is made to such a central point,it shall include the identification Statement for loan Guarantees and Loan Insurance number(s)of each affected grant. The Undersigned states,to the best of his or her knowledge and 3. LOBBYING If that: If any funds have been paid or will be paid to any person for As required b Section 1352,Title 31 of the U.S.Code,and influencing or attempting to influence an officer or employee of any q y agency,a Member of Congress,an officer or employee of Congress, implemented at 15 CFR Part 28,for persons entering into a grant, or an employee of a Member of Congress in connection with this cooperative agreement or contract over$100,000,or loan or Ivan commitment providing for the United States to insure or guarantee a guarantee over$150,000,as defined at 15 CFR Part 28,Sections loan,the undersigned shall complete and submit Standard Form-LLL, 28.105 and 28.110,the applicant certifies that to the best of his or her "Disclosure Form to Report Lobbying,"in accordance with its knowledge and belief,that; instructions. Submission of this statement is a prerequisite for making or entering (1)No Federal appropriated funds have been paid or will be paid,by into this transaction imposed by section 1352,title 31,U.S.Code.Any or on behalf of the undersigned,to any person for influencing or person who fails to file the required statement shall be subject to a attempting to influence an officer or employee of an agency,a civil penalty of not less than$10,000 and not more than$100,000 for Member of Congress,an officer or employee of Congress,or an each such failure. employee of a Member of Congress in connection with the awarding As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 143 Assurances--Non-voi rSir uc'L:Iuit Programs OMBApprova;No.0348-0040 Public reporting burden for this collection of information isesllmaledtoaverage 15 minutes per response,including the time for reviewing ins Iructions,search Ing existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information Please do not return your completed form to the Office of Management and Budget;send it to the address provided by the sponsoring agency. Mote: Certain ofthese assurances may not be applicable to your projector program.Ifyou have questions,please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances, ff such is the case you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1 Has the legal authority to apply for Federal assistance,and the (g)§§523 and 527 of the Public Health Service Act of 1912 institutional, managerial and financial capability (including (42 U.S.C. 290 dd-3 and 290 ee-3),as amended, relating to funds sufficient to pay the rlon-Federal share of project costs) confidentiality of alcohol and drug abuse patient records; to ensure proper planning,management and completion ofthe (h)Title VIII of the Civil Rights Act of 1968 (42 U S C. § project described in this application. 36701 cl seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other 2 Wili give the awarding agency, the Comptroller General of nondiscrimination provisions in the specific statute(s)un- the United States,and if appropriate,the State,through any der which application for Federal assistance is being made; authorized representative, access to and the right to examine and 0) the requirements of any other nondiscrimination all records, books, papers, or documents related to the statute(s) which may apply to the application, award; and will establish a proper accounting system in accordance with generally accepted accounting standards 7. Will comply, or has already complied, with the require- or agency directives, ments of Titles 11 and III of the Uniform Relocation 3 Will establish safeguards to prohibit employees from using Assistance and Real Property Acquisition Policies .Act of their positions for a purpose that constitct[cs or presents the 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is ac- appearance of personal or organizational conflict of interest, quired as a result of federal or federally assisted programs. or persona] gain. These requirements apply to all interests in real property 4. Will initiate and complete the work within the applicable acquired far project purposes regardless of Federal partici- time frame after receipt of approval of the awarding pation in purchases. agency. 8. Will comply, as applicable, with the provisions of the S. Will comply with the Intergovernmental Personnel Act of Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed stan- limit the political activities of employees whose principal dards for merit systems for progrars funded under one of the employment activities are funded in whole or in part with nineteen statutes or regulations specified in Appendix A of Federal funds. OPM`s Standards for a Merit System of Personnel Adminis- g Will comply, as applicable, with the provisions of the tration (5 C.F.R. 900, Subpart F), Davis-Bacon Act (40 U.S.C. §§ 276a and 276a-7), the 6. Will comply with all Federal statutes relating to nondis- Copeland Act(40 U.S.C.§276c and 18 U.S.C.§§ 874),and crimination. These include but are not limited to: (a) Title the Contract Work Hours and Safety Standards Act (40 V1 of the Civil Rights Act of 1964 (P.L. 88-352) which U.S.C. §§ 327.333), regarding labor standards for feder- prohibits discrimination on the basis of race, color or ally assisted construction subagreements. national origin; (b) Title IX ofthe Education Amendments 10. Will comply, if applicable, with flood insurance purchase of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- requirements of Section 102(a) of the Flood Disaster Pro- 1686), which prohibits discrimination on the basis of sex; tection Act of 1973(P.L.93-234)which requires recipients (c) Section 504 of the Rehabilitation Act of 1973, as in a special flood hazard area to participate in the program amended (29 U.S.C. § 794), which prohibits discrimina- and to purchase flood insurance if the total cost of insur- tion on the basis of handicaps; (d) the Age Discrimination able construction and acquisition is S10,000 or more. Act of 1975,as amended (42 U.S.C. §§ 6101-6107),which prohibits discrimination on the basis of age; (e) the Drug I I. Will comply with environmental standards which may be Abuse Office and Treatment Act of 1972 (P.O. 92-255),as prescribed pursuant to the following: (a) institution of amended, relating to nondiscrimination on the basis of environmental quality control measures tender the Na- drug abuse; (f) the Comprehensive Alcohol Abuse and tional Environmental Policy Act of 1969(P.L.91-190)and Alcoholism Prevention, Treatment and Rehabilitation Act Executive Order(EO) 11514; (b)notification of violating of 1970 (P.L. 91-616), as amended, relating to nondis- facilities pursuant to EO 1 1738; (c)protection of wetlands crimination on the basis of alcohol abuse or alcoholism; pursuant to EO 1 1990; (e) evaluation of flood hazards in flood plains in accordance with EO 11988;(e)assurance of Page 1 of 2 SF-424B(Rev 4192) Previous Editions Usable Authorized for Local Reproduction Prescnbed by OMB Circular A-102 144 project consistency with the approved State management 14 Will comply with P.L 93-348 regarding the protection of program developed under the Coastal Zone Management human subjects involved in research, development, and Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f)conformity of related activities supported by this award of assistance. Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as 15. Will comply with the Laboratory Animal Welfare Act of amended (42 U.S C. § 7401 et seq.); (g) protection of 1966 (P L 89-544, as amended, 7 U.S.C. 2131 et seq.) underground sources of drinking water under the Safe pertaining to the care, handling, and treatment of warm Drinking Water Act of 1974, as amended, (P.L. 93-523); blooded animals held for research, teaching, or other and (h)protection of endangered species under the Endan- geredSpecies Ad of 1973, as amended, (P.L. 93-205). 16. Will comply with the Lead-Based Paint Poisoning Preven- t 2 Will comply with the Wild and Scenic Rivers Act of 1968 €ion Act(42 U.S.C.§§4801 et seq.)which prohibits the use (16 U.S.0 §§ 1271 et seq.) related to protecting compy- of lead based paint in construction or rehabilitation of nents or potential components of the national wild and residence structures. Scenic rivers system. 17, Will cause to be performed the required financial and 13 Will assist the awarding agency in assuring compliance with compliance audits in accordance with the Single Audit Act Section 106 of the national Historic Preservation Act of 1966, of 1984 or OMB Circular No.A-133,Audits of Institutions as amended (16 U.S.C. 470), EO 11593 (identification and of Higher Learning and other Non-profit Institutions. protection of historic properties),and the Archaeological and 18 Will comply with all applicable requirements of all other Historic Preservation Act of 1974 (16 U.S.C.469a-i et seq.). Federal laws, executive orders, regulations and policies governing this program. S-gnalure of Authorized Certifying Official 'title Apphcanl Organizalzon dale Submitted Page 2 of 2 SF4248(Rev.4192) Previous Editions Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 145 Willingness to Comply with Grant Requirements 1. 1 understand that this is a grant agreement administered by the State of Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, Office of History and Archaeology. 2. In accepting these funds, I understand it is my responsibility to comply with all program requirements, pertinent State and Federal regulations, and the grant agreement. 3. In accepting these funds, I understand that project records are subject to audit after project completion, and that if such an audit questions expenditures for which I have been reimbursed, I will return any amount paid for questioned expenditures. 4. 1 understand that no grant or promise of a grant exists until the State Historic Preservation Officer (SHPO) or his/her designee signs the grant agreement, and that any funds expended prior to the grant period or before full grant execution (SHPO signature) may not be reimbursed without specific approval. 5. 1 understand that the State of Alaska may incorporate an indirect cost to help off-set administration of this grant. The percentage of the indirect may fluctuate over the course of the grant but will not exceed amount shown on the grant agreement. Signature pate Print or Type Name Entity Name and Title 146 State of Alaska Grant Agreement Historic Preservation Fund Program I. CFDA # 15.904 Seward Historical Tour: Public Education Signage HPF- CLG Grant #20005 This grant agreement is between State of Alaska, Department of Natural Resources Division of Parks and Outdoor Recreation Office of History & Archaeology 550 W. 71h Avenue, Ste 1310 Anchorage, AK 99501 hereafter the State, and G rantee City of Seward Employer ID Number (EIN): 92-6000086 P.O. Box 167 DUNS: 037996634+0 t 67 Seward, AK 99664 hereafter the Grantee Grantee Contact Name&Title Telephone Number E-Mail Address Naneth Ambrosiani Grant Manager 907-224-4063 narnbrosiani@cityofseward.net ARTICLE 1. Appendices: Appendices and provisions referred to herein are considered part of this agreement. ARTICLE 2. Performance of Services: 2.1 Appendix A: Scope of Work. 2.2 Appendix B: Estimated Budget. 2.3 Appendix C: Special Conditions. 2.4 Appendix D: Payment Processes. 2.5 Appendix E: Standard Provisions. 2.6 Appendix F: OMB Circulars, Regulations and HPF Guidance. 2.7 Appendix G: Digital Product Submission Guidelines. ARTICLE 3. Period of Performance: The period of performance for this grant agreement begins upon full execution and ends June 30, 2021. The period of performance would normally end Sept 2020, but has been extended, per the National Park Service and State of Alaska due to disruptions from the OOVlD-19 pandemic. ARTICLE 4. Consideration: In consideration of Grantee's performance under this matching grant program, the State shall apply to the National Park service for HPF assistance in a sum not to exceed$18,765 and shall reimburse Grantee, minus applicable State Indirect costs, in accordance with the Estimated Budget in Appendix B and provisions in Appendix D. GRANTEE Signature of Grantee's Authorized Representative Date Type or Print Name and Title of Grantee Representative STATE of ALASKA Signature:State of Alaska Certifying Officer Date Judith E. Bittner, State Historic Preservation Officer, Office of History & Archaeology Dept of Natural Resources: Division of Parks & Outdoor Recreation 550 W. 71h Avenue, Suite 1310 Anchorage, AK 99501 147 Appendix A: Scope of Work Recipient shall design and manufacture, as funds allow, signage describing up to 25 historic sites in Seward. A map of such sites shall also be developed as a public education walking tour of historical sites within the city. The signage shall provide specific information on each site and shall address sites, buildings, structures, and objects, rather than general history in that area. Grant Period of Performance Begins upon Execution and Ends June 30, 2021. Timeline Benchmark Activities & Proiect Deliverables Quarterly Submit written reports to the Office of History and Archaeology (OHA) describing project work during the preceding three months, referencing benchmarks in this scope of work. July—Aug 2020 Recipient and contractor will meet with stakeholders, property owners, and local knowledge bearers to determine information for each sign. Submit list of stakeholders to OHA. Aug 2020—Feb 2021 Write text,find illustrations, and design sign and panel. Submit drafts to OHA,the Seward Historic Preservation Commission, and other stakeholders for 30-day review and comment. Respond to and incorporate relevant comments into the signs and walking tour map and finalize each. Fabricate signs and prepare for installation. Mar-June 2021 Install signage at identified sites around Seward. Hold a public dedication ceremony and "First Walking Tour."Inform OHA of the event in a timely enough manner that State or Federal officials might attend, if possible. Document event with photographs. Final Reports and Products: Submit the following items to OHA by July 31,2021. 1. Written report describing project activities conducted with grant funds. Include details: who, what, where, when, why. Describe how the Secretary's Standards were applied. Summarize public outreach, input, and review comments. 2. Final billing/reimbursement request with financial documentation supporting claimed eligible costs. 3. One digital copy of each of the final sign and map, with photographs of the signs installed. Digital copy must adhere to Digital Product Submittal Guidelines in Appendix G of this agreement. 4. Minutes of HPC meetings showing its participation in the project. HPF—CLG#20003—Seward walking Tour Signage lQe 2 Grantee Initials Appendix B: Estimated Budget Budget Categories Amount Personal Services 5,000 Contractual 17,825 Supplies/Materials 4,500 Travel 1,500 Estimated Costs 28,825 Calculations for Grant Purposes 28,825 40% Sponsor Share of Project Costs 11,530 60% Federal Share of Project Costs 17,295 8.5%State Indirect on Federal Share 1,470 Total Federal Award 18,765 Potential Reimbursement to Sponsor 17,295 Appendix C: Special Conditions Contractor's Experience & Rates: Consultants/contractors shall have the requisite experience and training in historic preservation or relevant field to oversee the project work. Maximum rates charged to this grant may not exceed 120% of a Federal.Civil Service GS-15, step 10 salary, per project location. Current regional salary tables can be found on the Office of Personnel and Management site at https://www.opm.goy/policy, oversight/pav-leave/salaries-wages/salary-tables/pdf/2019/AK.pdf Volunteers and Donations: If a person volunteers services outside his profession or trade, volunteer time shall be valued at the Federal minimum wage rate or a higher applicable rate for general laborers, if Grantee documents such, and the rate is approved by the State Historic Preservation Office. See rates compiled for Alaska by the Independent Sector's Value of Volunteer Time by State: https://www.independentsector.orglvolunteer time . Donated labor, equipment or materials shall be adequately documented, if used for match project purposes. A form signed by the donor with dates, names, work performed or items donated, valuation of goods/services, and Grantee's signature, or a detailed listing from the Grantee is required. Reports: Narrative and financial reports may be submitted as often as quarterly. Requests for reimbursement must be accompanied by a narrative for the corresponding period, and a Summary of Documentation form with relevant financial backup (e.g., copies of invoices, receipts, checks paid to vendors, payroll ledgers, or timesheets) as needed. Reports are due within thirty (30) days following the quarter, and within thirty (30) days after project completion or end of project period, whichever occurs first. Submit reports to the State by fax, e-mail, United States Postal Service or another carrier to the Grants Administrator: State of Alaska: Dept of Natural Resources Fax: 907-269-8907 Division of Parks and Outdoor Recreation E-mail: samantha.hudson@alaska.gov 550 W. 7'Avenue, Suite 1380 Anchorage, AK 99501 k'HPF—CLG#20003_Seward Walking Tour Signage age 3 Grantee Initials Covenants: If applicable, a protective covenant shall be attached to the property deed and a copy supplied to the Alaska Office of History and Archaeology (OHA). The covenant will apply when there is a change in ownership; it will be enforceable by Alaska law, and will be monitored by OHA. The covenant is effective upon execution of the document, and shall be recorded prior to disbursement of HPF monies. A grant cannot be repaid to avoid the deed restriction. NEPA Compliance: If grant-assisted activity involves development (construction) or archeology, grantee shall submit an Environmental Screening Worksheet to determine whether a Categorical Exclusion is allowed in accord with the National Environmental Policy Act (NEPA) of 1969. Section 106 Compliance: If grant-assisted activity involves construction or ground disturbance, grantee must complete Section 106 consultation with the State Historic Preservation Office, prior to any such work, per the National Historic Preservation Act (54 U.S.C. 306108), Unanticipated Discovery Protocols: Grantees or contractors shall immediately stop construction in the vicinity of the affected historic or cultural resource and take reasonable measures to avoid and minimize harm to the resource until the SHPO or THPO, grantee or contractor, and Tribes, as appropriate, have determined a suitable course of action within 15 calendar days. Project Sign/Notification: Grantee shall create public notification of the project with a project sign or website posting, as appropriate. Photo documentation of the sign for development projects must be submitted to the State. Costs for fabricating and erecting signage is an eligible grant cost. The sign shall be of adequate design and construction to withstand weather exposure, be easily read from the public right-of way, and be accessible to the public throughout the project term. At a minimum, all notifications shall contain the following: [Project Name] is supported in part by the Historic Preservation Fund administered by the National Park Service, Department of Interior, and the State of Alaska Office of History &Archaeology. NHPA and Secretary's Standards: Grantee shall comply with provisions of the National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) and apply the appropriate Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation for this grant-assisted project. Appendix D: Payment Processes Reimbursement: Payment shall be made to the Grantee on a cost reimbursement basis. Requests for reimbursement, complete with all necessary backup documentation, shall be processed by the State within 30 days of Grantee submittal. For matching assistance, Grantee must document all eligible project expenses and submit to the State. Retainage: The State may withhold a sum representing up to ten percent (10%) of the total grant amount until acceptable completion of this grant project. Upon receipt and approval of narrative and financial reports, or other necessary documents, the State shall process final reimbursement to Grantee. State Indirect Cost: The State of Alaska includes indirect cost charges as shown in Appendix B. The indirect cost rate may fluctuate during the Period of Performance,but will not exceed 16% for this grant-assisted project. HPF—CLG#20003—Seward Walking Tour Signage E'age 4 Grantee Initials Appendix E: Standard Provisions Article 1. Definitions. In this grant agreement, attachments, and amendments, "OHA" means State of Alaska Office of History and Archaeology. "NPS" means National Park Service. "CFR" means Code of Federal Regulations. "HPF" means Historic Preservation Fund. Article 2. Insurance. Grantee is responsible for maintaining necessary liability insurance to cover claims brought by third parties for death, injury, property damage, or other loss resulting from activities performed in connection with this grant agreement. The Grantee shall provide and maintain worker's compensation insurance as required by AS 23.30 for all employees engaged in work under this grant agreement. The Grantee shall require any contractor to provide and maintain worker's compensation insurance for its employees as required by AS 23.30. Article 3. Indemnification. Grantee shall indemnify, save harmless and defend the State and NPS, its officers, agents and employees from liability of any nature or kind, including costs and expenses, for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or IF damage sustained by any person or persons or property as a result of any error, omission or negligent act of the Grantee relating to its performance of this grant. Article 4. Non-Discrimination. Grantee shall comply with requirements of Executive Order 11246 as amended; Title VI of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975; and all other Federal laws and regulations prohibiting discrimination on basis of race, color, national or ethnic origin, age, disabilities, religion, gender, or sexual orientation. Article 5. Lobbying. In accepting these funds, Grantee agrees and assures that none of the funds will be used for the purpose of lobbying activities before the Alaska Legislature or United States Congress. Article 6. Business Enterprise Development: Grantee is encouraged to utilize small businesses, minority-owned firms and women's business enterprises to the fullest extent practicable, per national policy pursuant to Executive Order 12432, Article 7. No Assignment or Delegation. The Grantee may not assign or delegate this grant agreement, or any part of it, or any right to any of the money to be paid under it, except with prior written consent of the Certifying Officer. Article 8. Officials Not to Benefit. No member of, or delegate to Congress or the Legislature, or officials or employees of the State or Federal government may share any part of this grant agreement or any benefit to arise from it. Article 9. Partial Invalidity. If any provision of this Agreement be held invalid or unenforceable, the remainder of the Agreement remain valid and shall not be affected. Article 10. Photographs and Data Rights. Grantee shall allow the State of Alaska and the National Park Service royalty-free authority to use and reproduce photographs, reports, and other data produced with this grant. HPF—CLG#20003—Seward Walking Tour Signage Pagt 5 Grantee Initials Article 11. Records Retention and Access. Grantee shall retain financial and programmatic records, supporting documents and other grant records in accordance with 2 CFR Part 200.333-337. Article 12. Audits. Non-Federal entities that expend$750,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with 31 USC 7501-7507 and 2 CFR Part 200, Subpart F. Grantee may be subject to 2AAC 45.01, single audit regulations for state grants. If applicable, Grantee must comply with all provisions thereof. Article 13. Changes. Grantee shall obtain prior approval for budget and scope revisions, in accordance with 2 CFR §200.308. Changes requested by the Grantee in writing, if approved, will be formalized in an amendment. Amendments must be dated and signed by the State before the change is considered official and approved. Grantee will receive copies of any such amendments. Budget Flexibility and Amendments. Notwithstanding the provisions of Article 13, "Changes," the Grantee may revise line item or subcategory amounts in the project budget in Attachment B without a formal amendment to this agreement when such revisions are limited to a maximum of 10% of the total direct costs. Revisions are limited to changes in existing budget line items or categories and must be documented in writing. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision may only be made by a formal amendment to this agreement. Article 14. Conflicts of Interest. In procurement of supplies, equipment, construction, and services by recipients and subrecipients, the conflict of interest provisions in 2 CFR § 200.318 apply. Non-federal entities must avoid prohibited conflicts of interest, including any significant financial interest that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a financial assistance agreement. Article 15. Procurement. The Grantee shall procure supplies, materials, equipment, and services in a manner that is fair and reasonable, conforming to written procurement standards which reflect State and local laws, and applicable Federal law and standards in 2 CFR Chapter 1, § 200.317- 200.326. Article 16. Termination. This agreement may be terminated in whole, or in part, consistent with termination provisions for Agreements found in 2 CFR 200.339—200.342. Article 17. Prohibition on Texting and Driving. Recipient is encouraged to adopt and enforce policies that ban text messaging while driving company-owned or-rented vehicles, government-owned or-rented vehicles or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government (Executive Order 13513). Article 18. Seat Belt Provision. Recipient is encouraged to adopt and enforce on-the-job seat belt use policies for employees when operating company-owned, rented or personally owned vehicles. Article 19. Trafficking in Persons. This award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR § 175,15). HPF—CLG#20003_Seward Walking Tour Signage Vage 6 Grantee Initials Article 20. Whistle Blower Rights. Grantee shall inform it employees in writing, in the predominant language of the workforce, of employee whistle blower rights and protections under 41 USC 4712. Grantee shall insert the substance of this clause in all subawards or subcontracts over the simplified acquisitions threshold, 42 CFR§ 52.203-17 as referenced in 42 CFR § 3.908-9. Article 21. Current Prevailing Rates of Wage and Employment Preference. Certain grant projects are constrained by the provision of Alaska Statute 36: PUBLIC CONTRACTS. To the extent that such provisions apply to the project that is the subject of this grant agreement, the Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. Article 22. Reporting Requirements. The Grantee shall submit progress reports to the State according to the schedule established in this grant agreement. Article 23. Right to Withhold Funds. The State may withhold payments under this grant agreement for any violation of these provisions. Any grant funds not utilized for the specific purposes stated in the agreement shall be retained by or returned to the State. Article 24. Site Control. If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and Grantee has legal access to such property. Article 25. Inspections and Retention of Records. The State may inspect, in the manner and at reasonable times it considers appropriate, the Grantee's facilities, records and activities under this grant. agreement. The Grantee shall retain property receipts and other grant financial records for at least 3 years after project completion or equipment disposal. Article 26. Confidentiality Agreements. Public Law 113-235 prohibits issuing financial assistance awards to entities that require certain internal confidentiality agreements. Grantees must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or restricting them from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative or agency authorized to receive such information. Article 27. Conflicts of Interest. Non-Federal entities shall avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to this financial assistance agreement. Article 28. Publicity and Press Releases. Press releases about this project shall acknowledge the grant assistance provided by the Historic Preservation Fund, NPS, and the State of Alaska, and copies provided to NPS. Notice of public ceremonies shall be transmitted in timely enough manner so that State of Alaska, Department of Interior, Congressional or other Federal officials can attend, if desired. Article 29. GIS Spatial Data Transfer. One digital copy of all GIS data produced or collected as part of these grant funds will be submitted to the State via data transfer in shapefile (*.shp) or GeoDatabase format. Geographic Data Committee compliant metadata shall be included. Template GeoDatabases and guidelines for creating and submitting GIS data can be found at the NPS Cultural Resource GIS Facility webpage: https://www.nps. og v/cr i� s/crgis standards.htm HPF—CLG#20003_Seward Walking Tour Signage PtW 7 Grantee Initials F. OMB Circulars, Regulations, and Historic Preservation Fund Guidance Office of Management and Budget (OMB) Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement. (Full text is at http://www.ecfr.go ) a) Administrative Requirements: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards, in its entirety b) Determination of Allowable Costs: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements far Federal Awards, Subpart E c) Audit Requirements: 2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F d) Procurement Procedures: 2 CFR, Part 200.317-200.326 e) Code of Federal Regulations/Regulatory Requirements: 2 CFR, Part 182 & 1401, Government-wide Requirements for a Drug-Free Workplace 2 CFR, Part 180 & 1400,Non-Procurement, Debarment and Suspension 2 CFR, Part 170: Reporting Subawards and Executive Compensation 2 CFR, Part 175: Trafficking Victims Protection Act of 2000 2 CFR, Part 25: System for Award Management(www.SAM.gov) and Data Universal Numbering System (DUNS) 43 CFR 18: New Restrictions on Lobbying Federal Acquisition Regulation, Clause 52.203-12, Paragraphs (a) and (b): Limitation on Payments to Influence Certain Federal Transactions National Historic Preservation Fund Act (54 U.S.C. 300.101 et sq) HPF Grants Manual: Grantee shall comply with the policies set forth in the Manual. Provisions of said manual are incorporated into and made a part of this project agreement. HPF—CLG#20003_seward Walking Tour Signage K e 8 Grantee Initials G. Digital Product Submission Guidelines The National Park Service's (NPS) State,Tribal, Local, Plans &Grants (STLPG) Division developed these guidelines to outline the digital product submission process for grant recipients. These guidelines specify the types or products that should be submitted, supply guidance on the file names and formats grant recipients should use, and define how submissions should be made. Products submitted digitally may be uploaded and shared with the general public through the Integrated Resource Management Applications (]RMAJ the NPS's digital repository system. To see grant products that have already been uploaded, go to IRMA, choose Historic Preservation Fund (HPF) under"Select a Park, Office, Program or Region" and select a category of featured content. What to submit: • Provide one digital copy of each deliverable or publication under your grant agreement. • Deliverables and publications include,but are not limited to, the following materials: SUBMIT DO NOT SUBMIT Reports, plans and guidelines (including Digital copies saved on CD/DVD-Rs or flash historic structure reports, design guidelines, drives (unless arrangements have been made with economic impact studies, treatment reports, your grant administrator) historic context statements,preservation plans) Confidential/restricted reports that cannot be Substantive event materials (including viewed by the general public(including programs, proceedings, handouts,photographs) archeological reports, architectural reports on federal buildings or restricted sites) Professionally produced content(including books, documentaries, oral histories, Other documentation not intended for the presentations and PSAs) general public(including survey forms,financial records, correspondence) Interpretive products (including books, brochures, posters, interpretive tours, coloring Ephemeral products unlikely to be of future books or other youth-focused products, Iesson value to the general public(including flyers, plans) postcards, invitations, meeting minutes) Online content(including websites, story maps, and other web-based prc jccts) o Final grant products may be made available to the general public and should,by default, feature the NPS disclaimer. Printed products must feature a printed disclaimer when feasible. Audio products must include a spoken version of the disclaimer. Video products must include the disclaimer as an on-screen graphic. A disclaimer is not required when it would be unreasonable to do so, such as on size-restrictive publications like postcards or flyers. • For additional questions about the required disclaimer, consult with your NPS grant manager. HPF-CLG#20G03_Seward Walking Tour Signage )age 9 Grantee Initials Naming files for submission: • Name each file you will be submitting using the following naming convention: [Grant Programl_[Fiscal Year]_[State,if applicable]—[Grantee or Subgrantee]_[Grant Number]_[Short File Description] • Do not use spaces or special characters (#,%,&,7) in the file name. • For"Short File Description," write a brief(less than 50 characters), unique description that would help someone easily and quickly identify the file. • If files are part of a series,append the number 001., 002, etc.to the end of the description. Ex: Audio files submitted under a FY2018 grant by the DC State Historic Preservation Office SHPO_18_DC_Grari teeHistoricDis7rict_P 17AF00001_JolziiDoelntervieg-001.r22P3 SHPO_18 DC G1•ttiiteeHistorieDistl•ict_P17AF00001 Johi2Doel22ter►,iettv002.mp3 ® Use the appropriate abbreviation for your grant program in the file name: Required file formats and resolution standards: • Reports and publications:PDF files saved at 300 ppi (pixels per inch)and 100% ofthe original document sire. When possible,convert original documents to PDFs (for example,saving as PDFs from Word or InDesign files). Otherwise, save high resolution scans of printed materials as PDFs. • Photos: JPEG or TIFF files saved at a minimum resolution of3000 x 2000 pixels (or 6 megapixels). o When submitting photographs,include captions,photo credit,and a signed release form (if needed).Photo release forms are available on the STLPG websitc. o Development (construction)grants must submit at least one before and one after photograph of work completed under the grant. Refer to the NPS Documenting Historic Places on Film guidelines for more information on photographing a variety of historic environments and buildings. • Videos: MP4 files saved at a resolution of 1280 by 720 pixels. All videos produced with HPF funding should include closed captioning. When reasonable, provide transcripts of videos as Word documents. • Audio: Uncompressed WAV files.When reasonable,provide transcripts of audio files as Word documents. • For more information about formatting deliverables,consult the National Archives' Tables of File Formats. Creating an index file for your submission: • Include this information in the index file for each product that is being submitted: Grant Number Subgrant Number(if applicable) Title of Product Filename Product Creator(s) (give full names and their roles; include up to 5 names or organizations) Date Completed Extent(number of pages, photographs, or length of audio/video files; use when applicable) Description (up to 200 words) • Save the index file as a Microsoft Word document using the following naming convention: [Grant Program]_[Fiscal Year]_[State,if applicable]—[Grantee or Subgrantee]_[Grant Number]_lndex.docx Ex: SHPO 18 DC Gi-ai?teeHistoricDistric PI7AFO0001 I22cle_r.doex HPF—CLG#20003—,Seward waltzing Tour Signage Page 10 Grantee Initials CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement)" and "Governmentwide Requirements for Drug-Free Workplace" and 15 CFR Part 28, "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant, or cooperative agreement. 1.DEBARMENT, SUSPENSION AND violation of such prohibition; OTHER RESPONSIBILITY MATTERS b) Establishing an ongoing drug-free awareness program to inform As required by Executive Order 12549,Debarment and Suspension, employees about-- and implemented at 15 CFR Part 26,for prospective participants in (1)The dangers of drug abuse in the workplace; primary covered transactions,as defined at 15 CFR Part 26, (2)The grantee's policy of maintaining a drug-free workplace; Sections 26.105 and 26.110-- (3)Any available drug counseling,rehabilitation,and employee (1)The prospective primary participant certifies to the best of its assistance programs;and knowledge and belief,that it and its principals: (4)The penalties that may be imposed upon employees for drug (a)Are not presently debarred,suspended,proposed for debarment, abuse violations occurring in the workplace; declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (c)Making it a requirement that each employee to be engaged in the (b)Have not within a three-year period preceding this proposal been performance of the grant be given a copy or the statement required convicted of or had a civil judgment rendered against them for by paragraph(a); commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State or local) (d)Notifying the employee in the statement required by paragraph transaction or contract under a public transaction;violation of (a)that,as a condition of employment under the grant,the employee Federal or State antitrust statutes or commission of embezzlement, will— theft,forgery,bribery,falsification or destruction of records,making (1)Abide by the terms of the statement,and false statements,or receiving stolen property; (2)Notify the employer in writing of his or her conviction for a (c)Are not presently indicted for or otherwise criminally or civilly violation of a criminal drug statute occurring in the workplace no later charged by a governmental entity(Federal,State or local)with than five calendar days after such conviction; commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (e)Notifying the agency in writing,within ten calendar days after (d) Have not within a three-year period preceding this receiving notice under subparagraph(d)(2)from an employee or application/proposal had one or more public transactions(Federal, otherwise receiving actual notice of such conviction.Employers of State or local)terminated for cause or default. convicted employees must provide notice,including position title,to (2)Where the prospective primary participant is unable to certify to the Director,Office of Federal Assistance,Office of Federal any of the statements in this certification,such prospective Assistance and Management Support,HCHB Room 6054,U.S. participant shall attach an explanation to this proposal. Department of Commerce,Washington,DC 20230.Notice shall include the identification number(s)of each affected grant; (f)Taking one of the following actions,within 30 calendar days of 2. DRUG-FREE WORKPLACE REQUIREMENTS receiving notice under subparagraph(d)(2),with respect to any Alternate 1. Grantees Other Than Individuals employee who is so convicted-- (1)Taking appropriate personnel action against such an employee, As required by the Drug-Free Workplace Act of 1988,and up to and including termination,consistent with the requirements of implemented at 15 CFR Part 26,Subpart F,for grantees,as defined the Rehabilitation Act of 1973,as amended;or at 15 CFR Part 26,Sections 26.605 and 26.610-- (2)Requiring such employee to participate satisfactorily in a drug A.The grantee certifies that it will or will continue to provide a drug- abuse assistance or rehabilitation program approved for such free workplace by: purposes by a Federal,State,or local health,law enforcement,or other appropriate agency: (a)Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a (g)Making a good faith effort to continue to maintain a drug-free controlled substance is prohibited in the grantee's workplace and workplace through implementation of paragraphs(a),(b),(c),(d),(e) specifying the actions that will be taken against employees for and(f). 157 B.The grantee shall insert in the space provided below the site(s)for of any Federal contract,the making of any Federal grant,the making the performance of work done in connection with the specific grant: any Federal loan,the entering into of any cooperative agreement, Place of Performance:(Street address,city,county,state,ZIP and the extension,continuation,renewal,amendment,or modification code):__— of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Check❑ if there are workplaces on file that are not identified influence an officer or employee of any agency,a Member of here. Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant, Alternate fl. Grantees Who Are Individuals loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in As required by the Drug-Free Workplace Act of 1988, and accordance with its instructions. implemented at 15 CFR 26,Subpart F,for grantees,as defined at 15 (3)The undersigned shall require that the language of this CFR Part 26,Sections 26.605 and 26.610- certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under (A)The grantee certifies that,as a condition of the grant,he or she grants,loans,and cooperative agreements)and that all subrecipients will not engage in the unlawful manufacture,distribution,dispensing, shall certify and disclose accordingly. possession,or use of a controlled substance in conducting any activity with the grant; This certification is a material representation of fact upon which (B)If convicted of a criminal drug offense resulting from a violation reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering occurring during the conduct of any grant activity,he or she will into this transaction imposed by section 1352,title 31,U.S.Code.Any report the conviction,in writing,within 10 calendar days of the person who fails to file the required certification shall be subject to a conviction,to the Director,Office of Federal Assistance,Office of civil penalty of not less than$10,000 and not more than$100,000 for Federal Assistance and Management Support, HCHB Room 6054, each such failure. U.S.Department of Commerce,Washington, DC 20230.When notice is made to such a central point,it shall include the identification Statement for loan Guarantees and Loan Insurance number(s)of each affected grant. The Undersigned states,to the best of his or her knowledge and 3. LOBBYING belief,that: If any funds have been paid or will be paid to any person for U.S,Code,and influencing or attempting to influence an officer or employee of any As required by Section 1352,Title 31 of the implemented at 15 CFR Part 28,for persons .S,Codring into a gram, agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this cooperative agreement or contract over$100,000,or loan or loan commitment providing for the United States to insure or guarantee a guarantee over$150,000,as defined at 15 CFR Part 28,Sections loan,the undersigned shall complete and submit Standard Form-LLL, 28.105 and 28.110,the applicant certifies that to the best of his or her Disclosure Form to Report Lobbying,"in accordance with its knowledge and belief,that; instructions. Submission of this statement is a prerequisite for making or entering (1)No Federal appropriated funds have been paid or will be paid,by into this transaction imposed by section 1352,title 31,U.S.Code.Any or on behalf of the undersigned,to any person for influencing or person who fails to file the required statement shall be subject to a attempting to influence an officer or employee of an agency,a civil penalty of not less than$10,000 and not more than$100,000 for Member of Congress,an officer or employee of Congress,or an each such failure. employee of a Member of Congress in connection with the awarding As the duly authorized representative of the applicant,I hereby certify that the applicant will comply With the above applicable certihcation(s). NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 158 Assurances—Non-Co istructi;oii Priegrar;s OMB Approval No.0348.0040 Public reporting burden for[his collection of information is estimated toaverage 15 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Please do not return your completed form to the Office of Management and Budget;send it to the address provided by the sponsoring agency. ]Vote: Certain of these assurances may not be applicable to your projector program.If you have questions,please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to Certify to additional assurances.If such is the case you will be notified. As the duly authorized representative of the applicant I certify that the applicant: I. Has the legal authority to apply for Federal assistance,and the (g) §§523 and 527 of the Public Health Service Act of 1912 institutional, rnanagerial and financial capability (including (42 U.S.C.290 dd-3 and 290 cc-3),as amended,relating to funds sufficient to pay the non-Federal share of project costs) confidentiality of alcohol and drug abuse patient records; to ensure proper planning,management and completion of the (h)Title WII of the Civil Rights Act of 1968 (42 U.S C. § project described in this application. 36701 et seq.), as amended, relating to nondiscrimination 2. WiI]give the awarding agency, the Comptroller General of in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s)un- authorized United States,and if appropriate,the State,through any der which application for Federal assistance is being made; authorized representative, access to and the right to examine and (j) the requirements of any other nondiscrimination all records, hooks, papers, or documents related to the statute(s) which may apply to the application. award; and will establish a proper accounting system in accordance with gencrally accepted accounting standards 7. Will comply, or has already complied, with the require- or agency directives. ments of Titles 11 and III of the Uniform Relocation 3. Will establish safeguards to prohibit employees from using Assistance and Real Property Acquisition Policies Act of their positions for a purpose that constitutes or presents the 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is ac- appearance of personal or organizational conflict of interest, quired as a result of Federal or federally assisted programs. or personal gain. These requirements apply to all interests in real property 4. Will initiate and complete the work within the applicable acquired forprojectpurposes regardless of Federal partici- time frame after receipt of approval of the awarding pation in purchases. agency, 8. Will comply, as applicable, with the provisions of the 5. Will comply with the intergovernmental Personnel Act of Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328)which 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed stan- limit the political activities of employees whose principal dards for merit systems for programs funded under one of the employment activities are funded in whole or in part with nineteen statutes or regulations specified in Appendix A of Federal funds. OPM`s Standards for a Merit System of Personnel Adminis- 9, Will comply, as applicable, with the provisions of the tration (5 C.F.R. 900, Subpart F). Davis-Bacon Act (40 U.S.C. §§ 276a and 276a-7), the 6. Will comply with all Federal statutes relating to nondis- Copeland Act(40 U.S.C.§276c and 18 U.S.C.§§874),and crimination. These include but are not limited to: (a) Title the Contract Work Hours and Safety Standards Act (40 VI of the Civil Rights Act of 1964 (P.L. 88-352) which U.S.C. §§ 327-333), regarding labor standards for feder- prohibits discrimination on the basis of race, color or ally assisted construction subagreements. national origin;(b)Title IX of the Education Amendments 10 Will comply, f applicable, with flood insurance purchase of 1972, as amended (20 U.S.C. §§ 1681-1693, and 1685- requirements if of Section 102(a) of the Flood Disaster Pro- 1686), which prohibits discrimination on the basis of sex; tection Act of 1973(P.L.93-234)which requires recipients (c) Section 504 of the Rehabilitation Act of 1973, as in a special flood hazard area to participate in the program amended (29 U.S.C. § 794), which prohibits discrimina- and to purchase flood insurance if the total cost of insur- tion on the basis of handicaps'(d) the Age Discrimination able construction and acquisition is S10,000 or more. Act of 1975,as amended (42 L.S.C. §§ 6101-6)07),which prohibits discrimination on the basis of age; (e) the Drug 11, Will comply with environmental standards which may be Abuse Office and Treatment Act of 1972 (P.O. 92-255),as prescribed pursuant to the following: (a) institution of amended, relating to nondiscrimination on the basis of environmental quality control measures under the Na- drug abuse; (f) the Comprehensive Alcohol Abuse and lional Environmental Policy Act of 1969(P.L.91-190)and Alcoholism Prevention, Treatment and Rehabilitation Act Executive Order (EO) 1 15 14- (b)notification of violating of 1970 (P.L. 91-616), as amended, relating to nondis- facilities pursuant to EO 1 1738; (c)protection of wetlands crimination an the basis of alcohol abuse or alcoholism; pursuant to EO 1 1990; (e) evaluation of flood hazards in flood plains in accordance with EO 11988;(e)assurance of Page 1 of 2 SF-4248(Rev.4192) Previous Editions usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 159 Project consistency with the approved State management 14, Will comply with P.L. 93-348 regarding the protection of program developed under the Coastal Zone Management human subjects involved in research, development, and Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f)conformity of related activities supported by this award of assistance. Federal actions to State (Clear Air) Implementation Plans under Section l76(c) of the Clear Air Act of 1955, as 15. Will comply with the Laboratory Anima] Welfare Act of 1966 (P.L. 89-544, as amended, 7 iJ.S.C. 2131 et seq.) amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe pertaining to the care, handling, and treatment of warm blooded animals held for research teaching, or other Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h)protection of endangered species under the Endan- gered Species Act of 1973, as amended, (P.L. 93-205). 16. Will comply with the Lead-Based Paint Poisoning Preven- 12. Will comply with the Wild and Scenic Rivers Act of 1968 tion Act(42 U.S.C.§§4801 et seq.)which prohibits the use (16 U,S.C. §§ 1271 et seq.) related to protecting compo- of lead based paint in construction or rehabilitation of nents or potential components of the national wild and residence structures. scenic rivers system. 17. Will cause to be performed the required financial and 13. Will assist the awarding agency in assuring compliance with compliance audits in accordance with the Single Audit Act Section 106 of the national Historic Preservation Act of 1966, of 1984 or OMB Circular No.A-133,Audits of Institutions as amended (16 U.S.C, 470), EO 11593 (identification and of Higher Learning and other Non-profit Institutions. protection of historic properties),and the Archaeological and 18. Will comply with all applicable requirements of all other Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). Federal laws, executive orders, regulations and policies governing this program. Signature of Authonxed Certifying Official €Tille Applicant Organizalion Oa le Sul>mt%ed Page 2 of 2 SF-424D(Rev.4192) Previous Editions Usable Authorized for Local Reproduction Prescribed by OMB Citcular A-102 160 Willingness to Comply with Grant Requirements 1. 1 understand that this is a grant agreement administered by the State of Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation, Office of History and Archaeology. 2. In accepting these funds, I understand it is my responsibility to comply with all program requirements, pertinent State and Federal regulations, and the grant agreement. 3. In accepting these funds, I understand that project records are subject to audit after project completion, and that if such an audit questions expenditures for which I have been reimbursed, 1 will return any amount paid for questioned expenditures. 4. 1 understand that no grant or promise of a grant exists until the State Historic Preservation Officer (SHPO) or his/her designee signs the grant agreement, and that any funds expended prior to the grant period or before full grant execution (SHPO signature) may not be reimbursed without specific approval. 5. 1 understand that the State of Alaska may incorporate an indirect cost to help off-set administration of this grant. The percentage of the indirect may fluctuate over the course of the grant but will not exceed amount shown on the grant agreement. Signature Date Print or Type Name Entity Name and Title 161 CLG GRANT APPLICATION: FY20 Office of History & Archaeology Alaska Department of Natural Resources 550 West 7"' Avenue, Suite 1310 Anchorage, Alaska 99501 Historic Preservation Fund: Grants for Certified Local Governments Deadline: Applications are due by 12:00 noon on Thursday, January 30, 2020. The Certified Local Government (CLG) identified below is applying for a 60-40 Historic Preservation Fund (HPF) matching grant through the State of Alaska, Department of Natural Resources, Office of History and Archaeology. CLG Name: City of Seward Federal Tax Identification Number: 92-6000086 DUNS: 037996634+0167 Project Title : Seward Historic Sites Walking Tour-Signage and Map Project Type of CLG Grant Project: (Check project type below, as applicable) ❑ Survey ✓❑ Public Preservation Education ❑ Inventory ❑ Predevelopment ❑ National Register Nomination ❑ Development ✓❑ Historic Preservation Planning ❑ Acquisition Budget Summary. Federal Award Request(includes State Indirect) : $ a. Total Project Cost (TPC) $ 28,825.00 b. Federal Share (60%) $ 17,295.00 c. Sponsor Share (40%) $ 11,530.00 Source of applicant (sponsor) share: (Use figures from "Sources" box on budget form) a. Cash $ 2,500.00 b. In-kind Goods and Services $ 2,381.00 c. Donated Goods and Services $ 7,629.00 Name, title and contact information for the following: Grant Manager: Naneth Ambrosiani Mailing Address: P.O.Box 167 City, State, Zip: Seward,AK 99664 Telephone: 907-224-4063 E-mail Address: nambrosiani@cityofseward.net HPF Grant Application for CLGs t P2 Rev:Dec 2019 Preservation Commission Chair: Cheryl Seese Mailing Address: PO Box 1971 Seward,AK 99664 Telephone: 907-351-9138 E-mail Address: cherylseese@gmail.corn CLG Contact: Jessica Stallard,Deputy City Clerk Mailing Address: PO Box 167 Seward,AK 99664 Telephone: 907-224-4046 E-mail Address: istallard@eityofseward.net / z7 Zm�—2,0 i ature: Au zed Government Official Date J-e 6-ff s.— M.II 2 yral' CA44 i'KOY4 4�&c Name and Title(Print or Type) a4 Ce,,.. xNIJ Comm nity Name Notary Seal f� Subscribed and sworn before me this day of Y , 20 a My commission expires p r a �/, �' •� Notary for the State of Alaska NO ;;'••.�. LI •'• V////i�0ii�ii�!����� HPF Grant Application for CLGs 2 Rev:Dec 2019 163 Willingness to Comply with Grant Requirements 1. 1 understand that this is a 60-40 matching grant application through the Historic Preservation Fund(HPF) administered by the State of Alaska Department of Natural Resources, Office of History and Archaeology. 2. Should this project be awarded, I understand that the State levies an indirect cost which may vary throughout the course of the grant period, but will not exceed the amount stated in the executed grant agreement. 3. If awarded an HPF grant, I understand that it is my responsibility to comply with all pertinent State and Federal regulations, the State-Local Grant Agreement, and requirements outlined in the Historic Preservation Fund: Certified Local Government Grants Manual. 4. Should this project be awarded, I understand that project records are subject to audit after project completion, and that if such an audit questions expenditures for which I have been reimbursed I will return an amount equal to the questioned expenditures. 5. I understand that no grant exists until the State Historic Preservation Officer(SHPO) signs the State-Local Grant Agreement, even if the Alaska Historical Commission recommends funds for my project. Any funds expended before the performance period specified on the fully executed grant agreement or before obtaining the SHPO's signature may not be reimbursed without specific approval. v. Z 7 Za ture: Aut or' e al Government Official Da e Name and Title (Print or Type) 164 CLG GRANT APPLICATION: FY20 CLG: City of Seward Project Name: Seward Historic Sites Walking Tour-Signage and Map Project WINES " PROJECT INFORMATION 'I. PROJECT DESCRIPTION a. Provide a brief introduction to your project including the aim, scope and significance of the project to your community. PROJECT DESCRIPTION The primary purpose of the project is to increase awareness of Seward's historic district sites and their significance. (i.e. sites 50 years or older). We intend to do this by creating a walking tour of important historic sites located in Seward. We have identified 25 such sites, many of which are of historic significance not only to Seward but to the State of Alaska. Examples of the importance to the early development of the state would be the bank and vault located in Brown and Hawkins through which most of the early gold from the interior passed through on its way south or the Cable House which significantly shortened the time it took for news to be sent to and from Alaska and lastly the story of how Anchorage received its name because of the SS Bertha delivering goods for sale at the mouth of Ship Creek, the need for an elaborate anchoring system due to large tides in Cook Inlet and a township that developed. A secondary purpose is we believe there is a cultural and economic benefit to the creation of a walking tour in our historic Seward downtown area. Discussions have been informally held with both local community and tourism companies that indicate a need and desire for more identified locations of interest and "things to do in WPF Grant Application for CLGS 165 Rev:Dec 2020 Downtown Seward"for the over 100 cruise ships and their passengers who visit in the summer months. It should be noted there is much local community support from the City of Seward, Rotary and others. Our intent and plan of action is to: Order and install signage at approximately 25 historical sites. • Each site will feature signage with a cohesive theme detailing the importance to the City of Seward and the story behind the structure or point of interest. • The tour will be supported by a printed map which will be carried by local hotels, restaurants, and businesses. • We have been offered support from the City of Seward's personnel. The City Manager has indicated full support for this project_ • Budget allowing, we will also install directional signage to establish the parameters of the walking tour. • The above will result in a comprehensive inventory and display of historic properties that will add to Seward's position as a destination for both in-state and out-of-state visitors. There is both a cultural and economic benefit to the city by completing this project. b. List any previous HPF grants this project has received. (Cite HPF#or grant name) While not specific to this project, the City of Seward has received and successfully completed several previous HPF grants. FY2017: Historic Preservation Education (NAPC Forum) $2966 FY2016: Historic Preservation Plan: $1300 FY2015: Education: Alaska Historic Preservation Conf. National Trust: $3426 FY2012: Local Historic Preservation training, communities including Seward $29,076 FY2010: Providing Public Access to cemetery information: $5,328 FY2010: Iditarod Trail Centennial monument structure: $21,828 FY2009: Local HP Commission Training: $24,611 for CLG Commissions including Seward FY2009: Seward development/Pre-development of Hoben Park planters: $6,300 c. Briefly describe the relationship of this project to past, present, or future preservation work. This project is a continuation of efforts to produce a consistent inventory and awareness of Seward's rich history since the formation of the city. A physical inventory has been completed of all known historic sites and buildings. This is a continuous work in progress. For purposes of this project, we are focusing on 25 known cultural sites in order to foster interest in this project. We believe that this is relevant to future preservation work as the creation of a walking tour provides a tangible asset for tourism as well as cultural pride. By increasing public awareness of sites of historical interest and by showing the economic benefit to individuals and businesses alike, we believe we can increase interest and investment in the preservation of Seward's historical sites and buildings. Essentially, this represents a commitment in increased promotion of the culture and importance of subject buildings, artifacts and history. 2. PRESERVATION OBJECTIVES How does the project relate to annual CLG grant priorities established for this fiscal year? (Cite relevant HPF Grant Application for CLGs 1662 Rev:Dec 2020 grant priorities and explain how each relates to your project.) I. Projects that install interpretive signs calling attention to significant historic places, and produce educational materials emphasizing historic preservation and that educate property owners about historic preservation laws and programs, especially about archaeological resources on lots with buildings. This project proposes to install interpretive signs to highlight sites of interest as part of a Historic Seward Walking tour. We will produce a map that will allow visitors as well as members of the local community to gain deeper knowledge about Seward's rich history. Each sign will depict, in a consistent format, historical pictures (where available) as well as narrative about the relevance of the structure or site to Seward's history. Part of the process will involve educating owners of said properties about the value of their property to Seward's history. In some cases, owners may have extensive knowledge. In many cases, they do not. That is where the HP commission, Benny Benson High School and the city can assist with archives and research. Other than installing signs, that is the significant portion of work that will be completed: Taking the inventory that has been created and cataloging the history behind the structure. This will all result in interesting, informative signage (similar to one attached for Govt. Cable house)that will entice viewers to want to know more about and to support historic preservation. This may also encourage property owners to be more aware of historic preservation guidance and/or laws that may benefit them through available funding from preservation programs. Again, this represents a shift in culture with a "why" to preservation efforts. Part of establishing the history of buildings may also include education and research on the archaeological resources on the lots (perhaps for a future project). Example of a current sign which is installed at the Government Cable House (Telegraph House) The historic Government Cable Office was constructed in 1905 by the U.S. Army Signal Corps as part of the Washington Alaska Military Cable and Telegraph System or WAMCATS. Telegraph service from the US Northwest was first established to Valdez, with a submarine cable being extended to Seward in the summer of 1905. The people and equipment in this office connected Seward with the rest of the United States. Before the telegraph line, outside news arrived via steam ship, then carried by dog sled to the interior. Often, waiting on a reply from Washington DC could take up to a year! The first message over the line was on August 7, 1905 to the president of the Alaska Central Railway, A.C. Frost, in Chicago: "This first message transmitted over Alaska Cable connects Seward from this day to the great city of Chicago."Among initial regular users of the telegraph line was the local newspaper. Frank Ballaine, the owner of the Seward Daily Gateway, began featuring the previous day's news from the rest of the United States in his paper. The front room of the building was open to the public to send and receive messages, with the central part serving as the operator's station. Army personnel operated the office and lived on the second floor. In 1918 the Navy established a radio office in Seward. Consequently, when an earthquake severed the submarine cable line, it was deemed unnecessary to repair. However, in December 1941, the U.S. Army Alaska Communications System cable between Seattle and Seward was re-established. This permitted important dispatches to be transmitted via cable, protecting them from enemy interception over radio circuits. During that time this building was utilized as housing for ACS personnel. The government retained ownership until 1961, and since that time the building has served as a private home and summer rental currently owned by Tanguy and Marcella Libbrecht. Below is an example of the type of signage that we would install at said locations: HPF Grant Application for CLGs 167 Rev:Dec 2020 wsiiloiYeMr•ritprratmaaanrts �igtjs" °� ° "' �r1AFMldrr��tl�d�wl��tdr�tMrA�ln v. ;"n 1rr,a-We all In srs q,�r a s+w.r agar carar prlatlhl r�arw tam• ryrArr-"4 Ubliraps WWAM ion onus Idler ara ill 1m Vadsi+m•taAmwkr cats Wq attmrn.d O saaata In M>i.tmer tl 12ML Atrstasa.ap.n.r iea Yr ra.a[aYtapv a lr FeWAI r a IN Meru CAMS tR c Ffto pf --uwrsr.aa�t.e.�.ao.�.r�r..a►c+rrrsstirar�nraary�or+�y.�mgaro�p �Ra. +mb%b"seillpota.garber.l ■rem.l..rd¢mneespal.IlBellla boor dm. N -flu"Gobble.beg'w So il d Y%Mesa*an e*rra d Per U ftd Et.r..h,�t ptgr rttlwl lr r4aan me*Aid.—ol anwar w Uwe tray days a*Iwks All rr bck rosy vasr„w apr"aua IN GRIM,rlft"xmrc raa.,d m. l ary dp,.a to eve p.Ne ID...a ewNa now,40"Von am e,ed on di se.-cm tsar.a r,.nrrw+p_aM 1.r.eva W d Me graved l xa►a^+tg r dr•P•faky I It llal IML Vida Sin.a,.r.'.�ea+m AW ,a Rig Getn esud,ZW 1 V t U.V •'s'* 4r..Ui wis nfI , ,ell TM.gr'x'er'^'°" t reaawra a.rr,e»sr„e arc:. ana zsxa cnan r < .:fr, sow ' aa+..re Ram.aaa 2. Projects that address the rehabilitation of historic properties and leverage funds and resources. Restoring and preserving defining elements of historic properties and addressing sustainability of them are encouraged. This project leverages funding by creating interest from the business sector in how Historic Tourism can bring more visitors who will stay longer and spend more money in the town of Seward. Simply put, there is an economic advantage to creating the tour. Owners of said sites will receive the benefit of research and signage at no personal cost. We will be applying for funding with Kenai Mountain Turnagain Arm Corridor Association as well as they were instrumental in the original cable house signage and have indicated interest in our project. a. How does the project relate to the goals and objectives of the State Historic Preservation Plan. (Cite relevant goals or objectives and how your project would further them.) 1. Increase knowledge and understanding of Alaska's heritage and historic preservation. Will be accomplished by creating a walking tour that highlights the importance of structures and sites to the formation of Seward in early 1900's. Interesting anecdotes including the fact that Seward was once considered for the state capital (as evidenced by telegraph to Seward telegraph station.) The map will take the visitor through the downtown area and the key points of interest, relating them to Alaska History. 2. Preserve Alaska's cultural resources. We believe that more sites will be preserved or brought closer to original once a light is shined on them for their historical significance. Owners will see both the cultural and economic benefit of preserving or restoring their historical buildings. HPF Grant Application for Cl-Gs 1684 Rev:Dec 2020 3. Increase awareness of environmental, social, and economic benefits of historical preservation: We will increase awareness and civic support through our public information campaign, interpretive signage and maps available at all major hotels and tour attractions. We have garnered interest from several tourism entities: AK Magazine, Coast Magazine, Visit Anchorage, City of Seward, Seward Rotary, etc. The social benefit is through articles to be written in local papers, through Doug Capra, a local historian and celebrated author who has written many books. Our HP Commission is now fully staffed with an energetic team ready to promote the social and economic benefits. The City of Seward has indicated strong support for heritage tourism. We believe we can get support from many local businesses as our tour will encourage visitors to spend more time in downtown Seward and spend more money. Currently, they are dropped off at the Sealife Center and left on their own to explore. 4. Strengthen local preservation efforts: This is the logical follow up to the Historic Preservation plan that was written two years ago. This is also the first step in increasing public awareness and support of the value of Historic Tourism. We have presented a vision of a downtown overlay and HP standards to Planning and Zoning and the Seward City Council. To galvanize their support, we want to show the economic benefit of preserving Seward's historic structures. b. Describe how the project meets an identified historic preservation priority of your community. Does the project contribute to the implementation of your local historic preservation plan? If so, how? Answers below httpsa/www.cityofseward.us/home/showdocument?id=434 1) Promote economic incentives, historical preservation and education. Local and out-of-state visitors choose Seward as a destination for many reasons, particularly sightseeing and fishing. Their stay could be extended with more to visit, more to see. There is a distinct advantage in promoting our cultural heritage and corresponding sites. One only needs to read publications about early Alaska to comprehend the significance of Seward to the formation and development of our great state. From Seward.com: With numerous transportation options available, cruise guests can easily arrive in Seward a day or two before their cruise departure date or remain in Seward following the end of their cruise. Seward is serviced daily from Anchorage with scheduled motor coach service and the Alaska Railroad. Taxis, other options available. 2017 Historic Preservation Plan Chapter 7: 7.1 Opportunities-Page 33 2) To enhance understanding of economic heritage tourism as a means for not only historic preservation but also for creating economic opportunity that will encourage a continued dedication to preserving the structures, sites, vessels and artifacts that define Seward's heritage. Visitors are looking for an "experience" and a story to bring home. They wish to take pictures, mail postcards or obtain a tangible item that reflects the uniqueness of the location they choose as a travel destination. This project will serve to grow the reputation of Seward as a place of significant historical importance to Alaskan and U.S. history. Visitors may better appreciate the beauty and resources of Seward when they gain a deeper appreciation of the structures. 2017 Historic Preservation Plan: Chapter 5 Early Seward Pages 13-15 3) Promote historic preservation initiatives and projects as enumerated in the 2017 HP plan. Note specific properties that have been identified for our walking tour. Brown and Hawkins, Jesse Lee Home, Standard Oil Building, Urbach's, Gebhart House, Passenger Depot, Bowling Alley, St. Peter's Episcopal Church, Solly's, Swetmann House, Van Gilder Hotel, Seaview, Benny Benson Park, Library/Museum (Featuring '64 quake movie/museum visit), Movie Theatre, Ballaine House, Resurrection Art Coffee House, Seward Yacht Club, Iditarod Mile 0, Millionaire's Row, Seward Railroad Depot, Dairy Hill, Port of Seward, Tribal Office. HPF Grant Application for CLGs 169 Rev:Dec 2020 2017 Historic Preservation Plan: Chapter 3 The Historic Preservation Plan pages 5-8 3. PROJECT PERSONNEL- This project does not involve survey, inventory, or National Register Nomination. If not identified in the application, the Office of History and Archaeology must review selection of Project Manager prior to finalization of the contract with the individual. That said, project managers have displayed knowledge and commitment to HP Standards, historical plans and renovation guidelines.. 1) Primary: Tanguy Libbrecht, Recipient of two past HPF Grants, familiar with historical signage requirements and deep interest in HP. Experienced in renovation efforts with SHPO and KMTA assistance for the Govt. Cable Office. This National Register property is almost back to original 1905 condition. 2) Secondary: Wolfgang Kurtz. Experience designing and building set designs, expertise in basic mechanical and facility maintenance. Knowledge of local contractors to aid with HPC. 3) Iris Darling: Brown and Hawkins family. Owner of another National Register property with several renovation projects completed with SHPO. Well documented and executed. a. Identify the local government personnel who will act as Grants Manager for the project. Primary Grant Administrator: Naneth Ambrosiani, Finance Accounting Technician III. Second Grant Administrator: Valarie Kingsland, Seward Community Library and Museum Director City Manager Scott Meszaros will assist with ensuring city assistance. A letter of support is attached. b. Describe the local historic preservation commission's role in the project. Attach a resolution from the commission supporting the project. The 2019 HP Resolution for this project is attached. A 2020 revised one is being prepared for our February 13 meeting. It will be forwarded following the meeting. • Local HP group will take our existing inventory and develop cohesive narrative/pictures to go onto each site's signage. They will ensure that we follow a consistent methodology. This will require research and collaboration with Resurrection Bay Historical Society, City Library and Museum, UAF and UAA Archives, state and municipal archives, etc. • Group will take all necessary photos of current structures and research originals for narrative signs. • Group will plan and design an appropriate map to take visitors on historical sites walking tour. They will work with a contractor after soliciting appropriate bids. • Group will solicit and engage volunteers, city officials and local partners to ensure project is a success from design to install and promotion. c. Identify volunteer personnel and their tasks. We estimate a minimum of 300 cumulative volunteer hours to complete this project. This will be reflected in our budget estimates. This is based on a minimum of four 3-hour work sessions with six commissioners each plus independent research and meetings tied to the project. HPF Grant Application for CLGs 17(� Rev:Dee 2020 Commissioner/ Chair Cheryl Seese: Lead overall research effort, plan work sessions. Seek community support, letters, etc. Commissioner/Vice Chair Sue Ward: Historical research, community presentations with Rotary, P & Z, etc, Fundraisers as needed. Sue is a former state librarian. Commissioner Iris Darling: Historical research. Commissioner Darling's family owned Brown and Hawkins for over 100 years. Commissioner Darling is highly involved in the community, the commission, and projects, such as Hoben Park. Commissioner Wolfgang Kurtz: pictures and research, contracting with local vendors Commissioner John French: Assist with research and editing of interpretive signage, help ensure overall historical accuracy. John is a former University professor. Commissioner Tanguy Libbrecht: Co-Project manager. Contact with Fossil graphics who will produce signage. Tanguy Is the CEO of a non-profit and long-time owner of the Cable/Telegraph house from 1905. Commissioner Mary Ann Benoit: Recently joined commission. Experience in Decor and staging. Will assist with design of signage. Deputy Clerk Jessica Stallard: Is an accomplished administrator, notary public and offers great support for the commission and project. Note: By agreeing to participate in this grant, all commissioners will abide by the terms of the grant as it pertains to assisting project administrators with timely submission of data and receipts in order to allow administration to prepare and file appropriate grant progress reports. Commissioners will also keep track of their volunteer hours, either during official meetings or time that is spent on own for project. Commissioners will provide this information in a timely manner to the administration. This information is vital to project reporting and as a means of attributing proper credit for the value of volunteer hours, thereby reducing cash outlay for the project. d. Identify any contractors to be used and expected duties. Attach resumes for all qualified historic preservation professionals working on the project. Design of map: Yuit communications. Https://goyuit.com/ This company can also handle future website design, or any marketing needed to go along with map on a future project. Sign design: Corvus Designs: $10,000 http://www.corvus-design.com/project/. They specialize in creating signs just like the one that is in front of the Cable House. They do the design and Fossil graphics produces them. The Cable House sign design was about $500.00. One should anticipate that some signs will cost more than others as there may be photo or image rights to pay for. 25 signs x Avg. of $400 per sign=$10,000. Corvus is the go-to for Kenai Mountains Turnagain Arm organization. We may also pursue support from them for this project. Stainless Steel Posts: Dowland-Bach Corporation. Address: 6130 Tuttle PI, Anchorage, AK 99507 Phone: (907) 562-5818. They produced the sign base for the cable house in a very weather and accident durable stainless steel. Stainless bases would be an alternative to 4" treated wood posts. We are seeking a bid for this and basing our original request on wood. Budget allowing, we will move to the stainless model. We have requested a bid already from this vendor. HPF Grant Application For CLGs 171 Rev:Dec 2020 Map Printing: Vistaprint.com Street signage if project allows: www.safetysign.com Signage: Fossil graphics. 4. WORK PLAN- Ensure you thoroughly address all items necessary for your project type. See Applying for Certified Local Government Grants: Writing a Successful Application for more detail. Use continuation sheets if needed. a. Explain how the project will be undertaken. Following preliminary project approval, we will meet with City Manager and City Clerk to confirm project timeline and needed city support. We will accept bid from signage company and engage design company in the design of a map. Committees with start on assignments: Map design, historical research, outreach to property owner, signage templates, community presentations and volunteer recruitment. Contact will also be made with local businesses, tourism companies, hotels to notice that funding is received and project underway. HP work sessions will be calendared out to increase frequency of work and stay on a timeline. Our goal is to complete all signs and install by May 2021, which is within the stated CLG timeline of September 2021. A workgroup made up of commissioners and/or volunteers will complete research and design of all signage and map. Commissioners will also seek in kind and funding to support activities beyond the funding requested in this grant. The city anticipates covering some of the overall cost. The rest will come from the grant of private funding. a. Describe the geographic area encompassed by the proposed project. For survey, inventory, development, and National Register nomination projects, attach maps of the project area. Include the estimated number of buildings, structures, sites, square miles, etc., to be addressed. Subject area from small Boat Harbor to the Railway Ave. From 1"Ave to Ballaine Boulevard To I snun uwt' h orag KA'l' Northot a Saward e Van Buren St. C.5t. 8.5t. � ay t�ah k5t. Monroe St. i -4.. Madisw St. Jefferson St. r*MeSUBy tlOn -a Adams St. -a V4s!Nnglon St IN" North of .u`° I Sewardvotnt Downtow n Seward S O some other measure of distance? List of structures is identified in this document. HPF Grant Application for CLGs 172, Revs Dec 2020 Cobble Art (formerly Brown and Hawkins), Jesse Lee Home, Standard Oil Building, Urbach's, Gebhart House, Passenger Depot, Bowling Alley, St. Peter's Episcopal Church, Solly's, Swetmann House, Van Gilder Hotel, Seaview, Benny Benson Park, Library/Museum (Featuring '64 quake movie/museum visit), Movie Theatre, Bailaine House, Resurrection Art Coffee House, Seward Yacht Club, Iditarod Mile 0, Millionaire's Row, Seward Railroad Depot, Dairy Hill, Port of Seward, Tribal Office. b. Cite any planning studies, condition assessments, design drawings, research reports, publications, or other sources of relevant information you plan to use for this project. Information has been identified from these sources: • The Resurrection Bay Historical Society holds significant documents and artifacts in Seward Library & Museum. Many photographs, artifacts and files as well as school records, registries, phone books. • Seward Community Library: Local newspapers, cabinets full of info on characters and events that shaped Seward's history. • City of Seward Community Development: Zoning and building construction and demolition records, aerial photographs, flat maps and inventory, Seward Historic site inventory. • City of Seward Clerk's Office: Disaster records, voter registration records, census info, meeting minutes. • Alaska Court System: Vital statistics and civil records. • Alaska State recording Office: For researching property info. • Other: Kenai Fjords National Park Service, church records, Qutekcak Native tribe • Doug Capra: Extensive research and writings • Lee Poleske: Extensive research and writings. c. Provide a work schedule showing months, expected activities, and benchmarks to achieve throughout the grant period of performance. 2020: Dependent on grant award date and completion deadline: • Mar 2020-May 2020: Team working on contacting property owners, conducting research, volunteer recruitment begins. Contracts signed for signage, map design. Press release complete once funding is confirmed. • May 2020-Dec 2020: Template design and research. Work with historian Doug Capra to tell our story and garner local newspaper coverage. Design continues of sign templates; map design is finalized. • Dec 2020-Mar 2021: Maps into production, signs ordered, target late install to early April 2021 for install with help from city. • Apr 2021: Ribbon cutting for historical tour. Public invited for an ice cream social at Cobble Art (formerly Brown and Hawkins) and a "First Tour". Support to be sought from local businesses to turn tour into an event, much like collecting badges in a passport, with door prizes and incentives for completion of tour. Note: After Installation of signs, city will assist in maintenance of signage locations, which would consist of keeping snow or other debris away from signs so that visitors may enjoy public access. d. If this is a development project, describe your public outreach component. How and when did you involve the public, any potentially affected agencies, entities, and tribes. List which entities and individuals contacted, dates of involvement, and comments received. HRF Grant Applicakion for CLGs 1 7� Rev Dec 2020 HP Meetings are open to the public and noticed. We have interest from the local paper, historian and the local tribe. We have made presentations at Rotary and at Planning and Zoning meetings. Tourism companies and businesses have expressed interest and are eager for us to complete the project. 5. FINAL PRODUCTS a. Describe publications, workshops, audio-visual materials, reports, websites, brochures, survey materials, nominations, interpretive signs etc., that will be produced as part of the proposed project. Identify the intended audience and where the public will be able to access these materials. Describe how you will inform you community about the project. 25 interpretive signs as specified below: 0 1/2" Exterior CHPL Graphic. o Panel Size: 22" x 34" 0 4 Threaded Inserts w/Tamper Resistant Bolts. o Single Wood Post Plate (45 Degree). Powder Coated Aluminum. o Mounting Plate is 12"h x 12"w o Mounts to the top of a 4"x4" wooden post. • A map that will be distributed free of charge at Chamber of Commerce and area businesses. 6. ADDITIONAL INFORMATION a. Attach letters of commitment and support, as appropriate, from teachers, historical societies, museums, Native groups, and others. (Note attachments below.) • Seward Senior Center • Resurrection Bay Historical Society • City Manager Meszaros on behalf of the City of Seward • Chamber of Commerce. • Pioneers of Alaska b. Attach any other relevant information, such as copies of photographs. (Note attachments below.) • Signage Example (large copy) • Sign Quote from Fossil Graphics • **Note:Additional letters of support may be forthcoming from Kenai Fjords National Park Service and Qutekcak Native Tribe. Additionally, verbal support has been received from several tour companies and local businesses. Their letters will be added as an additional supplement in short order. 7. BUDGET: Maximum Federal Request of$24,000 (includes State indirect cost) Your budget submittal shall consist of four parts: three tables and one narrative. See example tables and blank form in Excel, and narrative portion to complete below. a. Budget Details table showing how costs were estimated. b. Budget Summary table identifying planned cost share of 60% and 40%. c. Matching Share table showing sources of match. d. Narrative explaining costs in detail. BUDGET NARRATIVE: Describe activities to be performed under Personal Services, Contractual Services, Supplies/Materials, Travel, and Other cost categories. HPF Grant Application for CLGs 17410 Rev:Dec 2020 a. Personal Services: describe work each position/person will perform for the proposed project. Corvus Designs: $10,000http://www.corvus-desi.qn.com/promect/. They specialize in creating signs just like the one that is in front of the Cable House. They do the design and Fossil graphics produces them. The Cable House sign design was about$500.00. One should anticipate that some signs will cost more than others as there may be photo or image rights to pay for. 25 signs x Avg. of $400 per sign=$10,000. Corvus is the go-to for Kenai Mountains Turnagain Arm organization. We may also pursue support from them for this project. ._r i .r Design of map: $3000.00 Yuit communications. Htti2s://goyuit.com/ This company can also handle future website design, or any marketing needed to go along with map on a future project. b. Contractual: List contractor name(s), if known. Describe work each will perform. Metco Services: $2500 Digging for install of signs and backfill. Resurrection Bay Tool Rental: $2200 Equipment rental for diggings and install. c. Supplies/Materials: Describe types of materials and/or supplies required for this project, how they relate to the project, estimated quantities, etc. Home Depot: $1500 Posts and Screws based on prices from Home Depot for 25 signs. ($60.00 per sign to include post, screws and concrete) d. Travel: Identify who will be traveling, how many trips are anticipated, trip purpose, and destination. No anticipated, or negligible travel. e. Other: Identify other costs which do not fall into one of the above categories. Explain purpose and relevance to this proposed project. $1500 budgeted for un-anticipated supplies related to install. In Kind will be provided to cover the remainder of project cost (see budget tables.) This will come in the HPF Grant Application for GLGs 1 771 Rev'.Dec 2020 form of volunteer hours for research, putting sign templates together, and help with installation. CHECKLIST Applicant, has your entity: o maintained current certification under the Certified Local Government program? o signed and notarized this application? o signed the form titled: Willingness to Comply with Grant Requirements? o provided the information requested on each page of the application package? o included a public outreach component? o attached maps showing location of project? o attached photographs or clear photocopies showing overall character of properties for ■ survey, inventory, National Register nomination, predevelopment and development projects? o attached letters of support from the community and, if needed, property owners? o attached a resolution from the City or Borough's governing body (or indicate one has been requested prior to the Alaska Historical Commission meeting to recommend awards.) o explained historic preservation commission involvement in the project, and addressed its role in the review process? o checked your budget for accuracy? Deadline: Applications are due by 12:00 noon on Thursday, January 30, 2020. Only complete, signed, dated, notarized applications will be considered. Submit applications (and questions) to the HPF Grants Administrator at lean.ayers(a)alaska.gov HPF Grant Application for CLGs 176 2 Rev:Oec 2020 CCG: City of Seward Seward Historic Sites Wafking Tour-Signage and Project:74a Pro ect p J 9fistoric Preservation Fund Directions:First,completethe blue Budget Details table.If needed,add rows etc,to show calculations of proposed costs foryour project. Second,totals for each cost category in the Budget Details table should auto-populate the'Totals"column in the yellow Budget Summary table. However,you will needto enteramounts inthe 60%and 40%columns in theyellow Budget5ummory tableto show your planned 60-40 split by cost category.(See example.) Finally,enter amounts in the pink table:Source of Sponsor's Matching Share.The total should at least equal 40%of your Total Project Cost(TPC)as shown in this example,cell E23. i. Budget Details by Cost Cate or Contract Personal Services Supplies&Materials Other ota Z BM*etJ"k' rmrnj/jy Time e Personal va�nocus ase B base unit Spent Total Base Fringe Sery Total . 60%HPF 40%City Cost Category Grant Match Totals Digging:Metro 2,500.00 Personal Services 3,000 2,000 5,000 vuit Comm. 5,000.00 Contractual 10,695 7,130 17,825 Fossil lndnstries 13,125.00 Supplies&Materials 2,700 1,800 4,500 Equipment Rental 2,200.00 Other 900 600 1,500 Travel:Airfare Posts&SrTews 1500 Per Diem:Meals Printed Materials 3000 Per Diem:Lodging Estimated Costs 17,295 11,530 28,825 Totals 17,825.00 5,000.00 0.00 0.00 0.001 1 4,500.00 t,soo.00 Total Project Cost(TPC) 28,825 Sponsor Matrhing Share 40%of TPC 11,530 HPFFederal Grant Share 60%of TPC 17,295 8.5%State mdnert on Federal Share 1 470 *(Do Not Exceed$24,000 for HPF Federal Grant Share.) *Federal Award Request(inrludes State Indirect) 18,765 Potential Reimbursement to Sponsor 17,295 3.Source of City's Matching Shale limitations: Per HPF Manual 13-1,compensation for consultants involving HPF grants is limited to no more than 120%of a GS-15 step 10. Cash Expenditures 2,500 Currently,that ceiling for Alaska is$94.42 an hour. In-Kind Contributions 2,381 Donations&Volunteerism 7629 Volunteertime may be valued usingthe Independent Sector rate schedule for Alaska atthe following site: (525.43 x 300 hours) Total$(40%1frPc) 12,510 httos://—w.independentsector.om/volunteer time 177 r..d JewOL " cc lN i,] 9` OLE d s __._. NCL 1 t C ro C m N xQ L E'Y C_yR- O CR,� m n Q cmiaN mm0 'gl g 3 � � rn 3 d � a: •� _ S o'.• w O� 0-L N { h N� � {�U A.N Qi � -C m L � 9� {9p1�•'"�:•''.p � Q7 i gQ.O m ", rMw y C 7 N m t37 ua Z O m tl] ." 4J c] ill N FY ei e�-0 sc cai »sa 3 U U3 c O W (D a m�EY c ca o Amy _°Ud 1 � y mo : Yea o cYn �. �¢ € a _ Z m zG s st Y U 1 a73 0'� m a ao� �Cr a>Y wW za �� E 1 Q1 v U O .L.. N fl- C m .t-• 0 ii w BL ■ • .�. cmn c r o o m c N s m �_ m•■•• O y O a 0 y Cs Ci C �� C m � d5 _ N'a � L Ui u) e�i v d � tccc y ■'� c'41 V y t6 m o o a mN ¢N X } Nl 'L7 O O (D O m O 7 C= v a $ >'E -o a m 3 m v>m cn t vco ID m a i U� 9m � m a� C ■ mac ,,, U L can C � 47 � � C O m N �� n � C � � w ° o Q a o n C. i- r oc- at•+• ym � Ld �-O � �c o.? � o 'm °1 2 U U Ql = E d> C, @ a C 7 O ti c�6 v to N j m Q1 O C r O m N O@ « N N E N N c u U p E .- 0 m a E : m o °m a c �h E 1 = w R CP ID ID n. U �p 0 L h CO m .a @ 1 t C .0 rJr .0 N f4 p m N.L .. F- m H'� m F - Q co a. n - F FOSSIL INDUSTRIES, INC. QUOTE F85083 44 Jefryn Boulevard f N D U S T R I E s Deer Park, NY 11729 DATE: i-31-19 800-244-9809 631-254-9200 Fax: 631-254-4172 www.FossilGraphics.com PAGE: i To: Tanguy Libbrecht Downtown Seward LLC. PO Box 92823 Anchorage, AK 99509 Account Executive: Angie Edwards Phone#:907-529-9709 Fax#: ID#: 1093721 Tag Name: Part Number Qty Description Each Ext E12-052-T4 25 f/2"Exterior CHPL Graphic. 414.00 10,350,00 Panel Size: 22"x 34" Threaded Inserts w/Tamper Resistant Bolts. IWPP1212-45 25 ingle Wood Post Plate(45 Degree). Powder Coated Aluminum. 113.0 2,825.00 Mounting Plate is 12"h x 12"w Mounts to the top of a 4"x4"wooden post. I99810 i ofor Sample-8"x 10"x 1/16"CHPL, 40.00 40.00 d i Usen production for color matching and resolution. includes shipping. All Fossil panels feature our exclusive 12-Color HD Printing. Subtotal: $13,215.00 Digital files must conform to Fossil File Prep Guidelines(FossilGraphics.com) Electronic layout proofs provided at no charge. Subtotal: 13,215.00 Features are indicated in Part Numbers: Shipping: "-P"=Custom Shape; "-T"=Threaded Inserts; "-D"=Double Sided; "-H"= 0 %Tax: 0.00 Holes; "MURAL'-Indicates panels built to go directly beside another panel. TOTAL, $13,215.00 Shipping and handling will be added to your final invoice. Quote valid 90 days. Order produced under our standard Terms and Conditions of Deposit Due: 7,929.00 Sale(FossilGraphics.com/terms). For installation info or to determine best thickness of CHPL to meet your requirements(FossilGraphics.com/guide). TERMS: 60%Deposit/Balance Net 10 After Delivery Please sign to authorize production: 1 1 Print: 179 13 January 2020 Resurrection Bay Historical Society PO BOX 55 Seward,AK 99664 rbhsl903@gmail.com To Whom It May Concern: I am writing this as President of the Resurrection Bay Historical Society,and with support from the board of directors. We are in support of the CLG Grant(Certified Local Government Grant) request from the Seward Historic Preservation Commission. The goals of the grant are (1) To identify 25 buildings and places of historic value to Seward. (2) To research the history of those buildings and places. (3) To install informative signs at the site of these buildings and properties. (4) To develop a brochure/walking tour to be distributed at various sites in Seward. The RBHS supports these goals. Thank you, r, Sue McClure, President 180 January 20, 2020 Seward Chamber of Commerce PO Box 749 Seward, AK 99664 (907) 224-8051 d i recto r(o-)sewa rd.com To whom it may concern, My name is Jason Bickling and I am the Executive Director of the Chamber of Commerce. I am writing this letter on behalf of myself and with support from the board of directors. We are voicing our support of the CLG Grant (Certified Local Government Grant) request from the Seward Historic Preservation Commission. The goals of the grant are to identify 25 buildings and places of historic value to Seward, to research the history of those buildings and places, to install informative signs at the site of these buildings and properties, and to develop a brochurelwalking tour to be distributed at various sites in Seward. Having the Seward Visitor Center under the chamber umbrella (with almost 17,000 visitors last year), we communicate with many of the tourists throughout their stay and assist them in finding activities to enjoy during their visit. This puts us in the ideal position of not only being able to support the Seward Historic Preservation Commission's goals but also helping them to achieve them. We can pass out brochures for the walking tour at the Chamber of Commerce to our visitors and help them to better understand Seward's history. From a local perspective, this will also be an asset to our residents and our schools for education about our own community. It is things like this that enrich our community and add to the list of things that make Seward a great place to live.If you have any questions, please do not hesitate to contact me. Sincerely, Jasonr1ing, Executive Director Seward Chamber of Commerce spa ALASKA 181 CITY OF SEWA" Main Office(907)224-4050 l�Q. BOX 167 Police(907)224-3338 • Harbor(907)224-3138 SEWARD,ALASKA 99664-0167 � Fire(907)224-3445 • City Clerk(907)224-4046 • Community Development(907)224-4049 • Utilities(907)224-4050 • Fax(907)224-4038 January 13,2020 RE:CITY OF SEWARD SUPPORT LETTER FOR CLG GRANT APPLICATION To Whom It May Concern, The City of Seward supports the Seward Historical Preservation Commission's efforts to receive the Certified Local Government(CLG)Grant. The initial effort is to obtain a grant to install property signage and to update and develop a walking map of the historic district. Specific goals of the grant request is to identify 25 buildings and places of historic value in Seward and install signs/plaques on these properties to educate visitors on the history of each location. An example of the proposed concept is the sign currently displayed in front of The Cable House,at 219 6th Ave. The plan for the walking tour is to collaborate with the bus companies to have them drop visitors off at Sweet Darlin's,or locations where they will receive a walking map of the downtown historic district. The informative signage and walking brochure are valuable efforts towards developing the historic significance of local assets and directing visitors as well as locals to them. The City of Seward certainly appreciates having the ability to endorse this effort,it has our full support and backing. Sincerely, G� Scott W. Meszaros,CM,CIVIC Seward City Manager 182 Pioneers of Alaska Men's Igloo #9 and Women's� Igloo #9 9 P© Box 671 Seward, AK 99664 poasewardmw9 _fmail.com Certified Local Government Grants January 16, 2020 Our organization is a fraternal organization that was founded in Nome, Alaska in 1907 and is the only one of many Alaska based fraternal organizations still in existence and going strong. Here is our main website: http:,'iwww.pioneersofalaska.oroi Today there are 16 Men and 16 Women Subordinate Igloos that are active in Alaska. The Grand Igloo unites Alaska's Pioneers by meeting once each year with the subordinate Igloos taking turns hosting these conventions. Delegates from all the subordinate igloos attend, and Grand Igloo officers are elected from these subordinate igloos to represent the whole. The purpose of the Pioneers of Alaska is "to preserve the names of all Alaska's pioneers on its rolls; to collect and preserve the literature and incidents of Alaska's history, and to promote the best interests of Alaska." The Pioneers of Alaska have a rich history in Alaska's territorial and early statehood days. They have many accomplishments that continue to make Alaska "The Great Land" that it is today, Our two local Igloos, have helped fund local murals in our area; supported some of our young Iditarod participants, and donated to various other historical projects. Since history and preserving history is our primary purpose, we urge you to support the Seward Historical Commission on their project to help develop signs for Seward's walking tour of historical sites. Whenever possible, we aid various groups and causes in our area and fully believe in the work SHC has done for Seward. Sincerely, Dawn Campbell Seward Igloos #9 Recording Secretary Page 1 of 1 183 '540EWARD SENIOR CENTER Dana Paperman, Executive Director PO Box 1195 336 Third Avenue Seward, AK 99664 January 27, 2020 Dear Jean Ayers, For over 100 years, many Seward citizens have enriched our sense of place and community, Without the hard work and civic pride of those that came before us, Seward would not be the exemplary city it is today. The Senior Center supports the Seward Historic Preservation Commission in applying for a CLG grant to fund upcoming projects that will enhance our city. SHPC plans include creating historic plaques for historic properties around town, Directional Signs directing visitors to our Historic District and a walking tour map of Seward's various historical sites to see. We are proud of our community and are happy to see its history show cased. As our Senior Center hosts such a rich resource of Seward's History in the Seniors it serves we would like to affirm our support of the Seward Historic Preservation Commission's plans and work for the betterment of our community. We are pleased with SHPC's past efforts and are excited to see the results of this plan. Sincerely, 62ranCG C UI�l72C1i�Z Dana Paperman Seward Senior.Center 336 Third Avenue Seward, Alaska 99664 184 Sponsored by: Staff CITY OF SEWARD,ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2020-03 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION, RECOMMENDING COUNCIL ACCEPT THE STATE OF ALASKA HISTORIC PRESERVATION FUND MATCHING FY2020 CLG GRANT #20005: SEWARD HISTORICAL TOUR PUBLIC EDUCATION SIGNAGE PROJECT WHEREAS, the State of Alaska, Department of Natural Resources, Historic Preservation Office offers a 40/60 matching Historic Preservation Fund (HPF) Program annually to Certified Local Governments (CLG); and WHEREAS, the City of Seward Historic Preservation Commission (SHPC) has applied for and been awarded several HPF-CLG Grants in the past; and WHEREAS, the commission received notification for FY2020 HPF-CLG grant proposals on December 17, 2019 with an application deadline of January 30, 2020; and WHEREAS, one FY2020 HPF-CLG priority for grant funding is to increase public awareness of historic preservation.; and WHEREAS, one of the assigned powers and duties (Ord 94-04 2.30.425) of the SHPC is to work toward the continuing education of citizens regarding local historic preservation and community history; and WHEREAS, the SHPC in discussion with local community groups and business individuals has determined that there is a clear economic benefit to promoting economic tourism and community pride through the continuing education of citizens regarding local historic preservation and community history; and WHEREAS, SHPC and Staff submitted an HPF-CLG Grant application on January 27, 2020 to create public educational signage for a Seward historical tour; and WHEREAS, the HPF-CLG Grant#20005 project was approved and the grant agreement was received by the City Staff on July 17, 2020 from the State Historic Preservation Office; and WHEREAS, the estimated total project cost is $28,825, which includes $11,530 City share for in kind and cash and whereas the cost to the city is anticipated to be deferred significantly by an estimated 300 in kind volunteer hours reimbursable at an estimated rate of $25.43 in addition to in kind services from community groups and businesses and where the sum balance of the remaining project cost of$17,295 will be borne by Federal share; and 185 CITY OF SEWARD, ALASKA RESOLUTION 2020-03 WHEREAS, there is an additional 8.5% State indirect cost to the City of$1,470; and WHEREAS, grant funds will be administered by City Staff and expenditures reimbursed after invoices are submitted; and WHEREAS, the period of the grant upon full execution ends June 30, 2 02 1. NOW, THEREFORE, BE IT RESOLVED BY THE SEWARD HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward Historic Preservation Commission urges the Seward City Council to adopt a resolution in support and acceptance of the FY2020 HPF-CLG Grant #20005: Seward Historical Tour: Public Education Signage Project Section 2. Upon council approval, the Seward Historic Preservation Commission will collaborate with City Staff to implement the project, provide necessary in kind volunteer hours and donations, and ensure proper documentation for the FY2020 HPF-CLG Grant#20005. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City of Seward, Alaska, this 131h day of August, 2020. THE CITY OF SEWARD, ALASKA Cheryl See , Chair AYES: Kurtz, Benoit, Libbrecht, Furlong, Seese NOES: None ABSENT: Woelkers, Ward ABSTAIN: None ATTEST: **Orr•itarf es�. • S`[� ♦_ Jessica Stallard Cj♦••QaPo�'., d®• Deputy City Clerk • . SEAL (City Seal) dsden.a., 186 From: Jessica Stallard To: Brenda Ballou Bcc: Cheryl Seese; Fred Woelkers; Mary Ann Benoit;Sherry Furlong;Sue Ward;Tanguy Libbrecht;Valarie Kingsland; Wolfgang Kurtz Subject: 25 Properties Identified for Historic Recognition Date: Friday,July 10, 2020 9:47:09 AM Attachments: Complete CLG Grant Application 2020-Sianed.pdf Good Morning, HP Commissioners! As requested at last night's meeting, the list of 25 properties identified for historic recognition is being emailed to all commissioners.These are the properties that will be discussed at the August 13, 2020 HP meeting that Chair Seese has requested everyone review before the meeting. As additional background information, I have also attached the 2020 C.L.G. grant to this email.This list of properties (it came out to be 24, not 25) can also be found at the bottom of page 8 of the 2020 C.L.G. grant. 1. Brown & Hawkins 2. Jesse Lee Home 3. Standard Oil Building 4. Urbach's 5. Gebhart House 6. Passenger Depot 7. Bowling Alley 8. St. Peter's Episcopal Church 9. Solly's 10. Swetmann House 11. Van Gilder Hotel 12. Seaview 13. Benny Benson Park 14. Library/Museum (Featuring'64 quake movie/museum visit) 15. Movie Theatre 16. Ballaine House 17. Resurrection Art Coffee House 18. Seward Yacht Club 19. Iditarod Mile 0 20. Millionaire's Row 21. Seward Railroad Depot 22. Dairy Hill 23. Port of Seward 24. Tribal Office SL4,-,C ,Vei y, J SfaV o-Vol, DeVAA,-q Cv- y Otte rkl N oiv-V y P wl� (907)224-4046 187 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page CALL TO ORDER The August 24,2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Sergeant Karl Schaefermeyer led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Sharyl Seese John Osenga Tony Baclaan (arrived 7:03 p.m.) Julie Crites (telephonically) comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused—None Absent—None Vacant—One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk.- Cheryl Seese opposed Ordinance 2020-011 to rezone to Central Business because the property was located in a historic area. Also, Seese suggested that if a memorial were going to be placed at the site of the Jesse Lee Home, then the Historic Preservation Commission and the Resurrection Bay Historical Society should collaboratively be in charge of gathering public input and bringing forward a recommendation to council. Seese was concerned about the Jesse Lee Home memorial because she was hearing rumors that a decision had already been made to erect a life size bronze statue of Benny Benson, and she believed that the public should have a say in what the memorial would be. 188 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page Tara Reimer(telephonically)was President and CEO of the Alaska SeaLife Center(ASLC) and was happy to announce that the match program she had announced at the August 10, 2020 council meeting had been a great success—the Seward Community Foundation had already donated 79 matches at $25 each, and there were 21 memberships left under these matching funds. She also announced that Norwegian Cruise Lines Holdings, Royal Caribbean Group, and SSA Marine had kicked off a campaign on August 14, 2020 to match donations, including memberships, up to $100,000; in only eleven days, they had reached the mark. Reimer was grateful for everyone's support. Norm Regis was the Harbormaster and reported that he had researched whether Commercial Passenger Vessel(CPV)funds could be used to help the Alaska SeaLife Center,and reported that the Cruise Line International Association (CLIA)had determined that CPV funds could not be used in that manner. Regis said he had also reached out to the Exxon Valdez Oil Spill Trustee Council,but had not heard back from them yet. On another note, Regis shared the news that JAG Alaska in Seward had received a multi-million dollar contract with the US Navy. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda Terry added Resolution 2020-068 to the consent agenda with no objection from council. Council Member Crites declared a potential conflict of interest for Resolutions 2020-070,2020- 072, and 2020-073 because she was employed by the Seward Community Health Center. She wished to declare this now and have a ruling so that those resolutions might be added to the consent agenda. Mayor Terry ruled that a conflict existed. Seese added Resolutions 2020-070,2020-072,and 2020-073 to the consent agenda with no objection from council. Seese removed Resolution 2020-074 from the consent agenda. McClure postponed Resolution 2020-071 to the September 14,2020 meeting with no objection from council. Motion Passed Yes: Baclaan, McClure, Seese, Osenga, Terry Abstain: Crites (due to Conflict of Interest) The clerk read the following approved consent agenda items: Ordinance 2020-011,Amending The Zoning Designation Of Lots 3,4-5 And N 1/Z Lot 6 Block 16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business District (CB). This ordinance was introduced tonight, and will come for public hearing and enactment on September 14, 2020. 189 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page Resolution 2020-066, Accepting The "Fiscal Year 2020 Assistance To Firefighters Grant Program — COVID-19 Supplemental (AFG-S)" From The U.S. Department Of Homeland Security In The Amount Of$14,491.43,And Approving The 5%Matching Amount Of$724.57 From The Seward Volunteer Firefighter Operating Supply Account Per Grant Requirements, And Appropriating Funds. Resolution 2020-067, Authorizing The City Manager To Enter Into A Contract With Dude Solutions,Inc.For An Online Business License,Permit,And Inspection Portal In The Amount Of$239134.781, And Appropriating Funds. Resolution 2020-068, Authorizing The City Manager To Replace Utility Line Vehicle Unit 502 With The Purchase Of A 2020 Ford-250 4x4 SD Crew Cab From Kendall Ford Fleet Using The State Of Alaska Procurement Process For Competitive Bidding In The Amount Of $40,640,And Appropriating Funds. Resolution 2020-069,Authorizing The City Manager To Enter Into A Professional Services Contract With The Financial Engineering Company, To Prepare A Rate Study For The Electric Enterprise Fund For An Amount Not-To-Exceed$40,000,And Appropriating Funds. Resolution 2020-070, Approving The 2021 Grant Year Budget For The Seward Community Health Center (SCHC) As Required By The Co-Applicant Agreement Between The City Of Seward And The SCHC. Resolution 2020-072, Accepting Three Grants In The Total Amount Of$724,018 From The Coronavirus Preparedness And Response Supplemental Appropriations Act Under The U.S. Health Resources And Services Administration (HRSA), For The Mitigation Of COVID-19 Effects At The Seward Community Health Center (SCHC),And Appropriating Funds. Resolution 2020-073, Approving A Five-Year Lease Agreement Between The Seward Community Health Center, Inc. (SCHC)And The City Of Seward Beginning On August 24, 2020 And Ending September 30,2025. Approval of the August 10,2020 City Council Regular Meeting Minutes. Appoint Katrina Counihan as the city's representative to the Cook Inlet Aquaculture Association for a term to expire in May,2022. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards —None City Manager Report. City Manager Scott Meszaros reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $9,800 for water line engineering for Public Works; $10,300 for the PARKS playground 190 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page slide and maintenance for Parks&Recreation; $10,500 for a security camera for the j ail;and,$7,400 for the design cost estimate for the Heat Loop Project for Public Works. Meszaros introduced new Assistant City Manager Stephen Sowell and welcomed him and his family to Seward. Meszaros expected the refinancing of the Library General Obligation (GO) bonds to be finalized by mid-September. He also reported that the Comprehensive Annual Financial Report (CAFR)was being completed,and he expected the audit results to be finalized for the September 14, 2020 meeting. Interim Electric Utility Manager Cory Borgeson stated the water flow from the Battle Creek Project was expected to produce 37,000 megawatt hours of power,which was equivalent to 5,000 homes. He said the utilities on the Railbelt were excited about that.Borgeson had conducted some research on residential usage and found that the usage inside the city averaged 521 kilowatt hours per month, which indicated that Seward residents were conservative in their use of energy. Outside city limits, Borgeson found the average went up to 641 kilowatt hours per month; he speculated that perhaps the use of pumps in water wells may be responsible for some of that difference. An engineer from EPS had been in Seward for two weeks to settle outstanding work orders for the department, and was confident that the backlog of service requests was being addressed. Borgeson was hiring a temporary field engineer to be in Seward for the fall. He, along with the EPS engineer, had started looking at finishing power to the Camelot subdivision, and he anticipated coming back to council with a plan to make that happen in the near future. Baclaan wondered if the city manager might have a total of what the city charged for grant administration fees and how those fees offset expenses. Terry restated, saying each grant was charged a grant administration fee by the city, and she thought Baclaan was asking for a total amount.Meszaros said he believed a 10%fee was a typical charge.Baclaan followed up and asked if any of those administration fees helped to cover payroll costs; Meszaros would look into that. Terry asked for an update on the tsunami sirens. In response, Meszaros said the Kenai Peninsula Borough Office of Emergency Management (KPBOEM) had repaired the sirens and trained the police dispatchers on how to use it manually; he said there would be a tsunami drill conducted this fall.McClure asked to confirm how the manual override process would work locally. In response,Meszaros said the local dispatchers would have the ability to get on the public address system and deliver local, live messages. Terry reminded everyone that the CARES Act application process closed today at 5:00 p.m. Meszaros said he would be reviewing the non-profit applications with the committee on August 31, 2020.He believed there would be checks ready for the businesses as soon as next week,and wanted to distribute the checks as quickly as possible so he would be handing them out in person rather than putting them in the mail. Terry commended the Chamber of Commerce, Tim Dillon, and the city manager for their work on the CARES Act process. Terry said council could sit as an appeal board, but any appeals would start with the city manager. In response to Seese, Meszaros said if someone had multiple businesses,they would receive funds for only one of those businesses.Baclaan thought 191 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page the information provided between the application and the Small Business Development Center (SBDC) was confusing, and wished to clear it up; for example, the SBDC required an Alaska driver's license,but that requirement wasn't listed on the city's application. Meszaros said council approved the resolution, which included the application, and the SBDC was a third parry hired to process the applications. Meszaros said the city would be reviewing and finalizing the applications. In response to Terry, Meszaros said he expected to receive a list from the SBDC, but not all the accompanying documentation. In response to Baclaan, Terry said appeals would start with the city manager. City Attorney Report.Brooks Chandler said he had been on the j ob for two weeks and his report in the packet reflected what he had already worked on.He was working with the previous city attorney firm to transfer files, and expected to be turning over some files to the city clerk for records retention. Chandler had reviewed the Memorandum of Agreement between the city and the Alaska Railroad,had provided advice to the city clerk on extending the emergency ordinance,had spent time looking into Jesse Lee Home title issues, and had reviewed the rezone ordinance in tonight's packet. Other Reports and Announcements Chamber of Commerce Report. Jason Bickling (telephonically) said the Silver Salmon Derby was a success,and appreciated all the volunteers and staff,he was glad they were able to hold it. The chamber was starting to focus on off-season activities, as well as planning for next summer. There would be website developments and collateral building which identified several key areas: visitors,marine,hometown,conferences,and a community calendar. The chamber would develop a Visitors Guide,Marine Guide,and Conference Destination Guide as collateral. The Seward Marine Committee would be resuming meetings soon, and Bickling was looking into the possibility of having fireworks for New Year's Eve. Terry commended the Chamber of Commerce for doing a great job. Seward Community Health Center Quarterly Report.Craig Ambrosiani referred to the laydown he provided, and said this quarterly report was part of the SCHC's commitment to the city as part of the co-applicant agreement.For the first six months of 2020,the SCHC was down from the previous year in the number of visits(-13%)and the number of patients seen(-9%).Revenues year to date were down 7%, but there were grant funds from HRSA being used to offset those losses; expenses were also under budget by 12%, so the net result for the first six months was a positive bottom line of$32,000. The SCHC currently had approximately 70 days'worth of cash on hand,and their goal was to have 90 days. Ambrosiani reported that year over year, there had been growth in revenues, all while reducing the funding received from the city each year. Ambrosiani stated the SCHC had 13 out of 15 board members. Regarding the new building project, they had some schematics and were finalizing the layout; they would soon start fundraising with a goal of$1.2 million to get them shovel-ready. Staffing remained stable,with no turnover. Ambrosiani relayed a recent event at the SCHC: a man had contacted the SCHC requesting a COVID test because he thought he had been exposed,and was experiencing some issues. A staff member performed a brief physical on the man while he remained in his vehicle, and was able to quickly diagnose him as having atrial fibrillation,which was a precursor to a heart attack. The man was immediately brought 192 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page into the clinic to receive emergency treatment. The man was very grateful for the staff at the SCHC and believed they saved his life.Ambrosiani added that the staff at SCHC was doing a great job,and had administered approximately 1,500 COVID tests on approximately 1,200 people. In response to Baclaan's earlier inquiry about grant administrative fees,Ambrosiani said the city did not charge the SCHC any fees for the HRSA grants. The way it worked was the SCHC submitted the receipts for expenses to the city,the city reviewed and approved the expenses,and then reimbursed the SCHC and drew down the grant fund balance. Ambrosiani believed it was against HRSA rules for there to be administrative fees charged on their grants. In response to Terry, Ambrosiani said there were a target number of patients that HRSA wanted the SCHC to achieve each year, but he had not heard of any penalties anticipated for not reaching those goals, especially in light of the COVID pandemic;in fact,HRSA wanted the SCHC to maintain current staff level and services. Ambrosiani shared that he learned today that the Rasmussen Foundation would grant the SCHC$100,000 for a mobile clinic with Telemed services; the SCHC would have to raise an additional $100,000 to cover the entire cost of the vehicle. Baclaan asked if there were any restrictions on getting COVID tests. Ambrosiani said tests could be scheduled anytime during operating hours, and there was no fee. In response to Baclaan, Ambrosiani clarified that Rapid tests were reserved for people with symptoms and who had been in an environment that made it likely to result in a positive result. Presentations —None PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Emergency Ordinance 2020-010,Temporarily Adopting City Council Emergency Regulations Ordering The 50% Capacity Of City-Owned Campgrounds,Prohibiting Gatherings Of More Than 20 Persons, Requiring Facial Coverings Inside Buildings Open To The Public, And Limiting Eating Establishments, Bars, And Retail Stores To 50% Capacity Indoors In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. Motion (Terry/McClure) Enact Ordinance 2020-010 Terry said she and McClure were bringing this ordinance forward again to extend the health precautions that seem to have been working very effectively. McClure said in the last 30 days, Seward's numbers had been very low; another 30 days of being responsibly cautious was prudent. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. 193 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page Cheryl Seese opposed the ordinance because she was scheduling a public event at the Branson Pavilion for Seward Founder's Day, and thought there could be between 30 to 40 people present. Lori Landstrom supported this emergency ordinance because she believed it was working well, and had enabled the students to return to school today. She had spoken to two restauranteurs who said the last two weekends they had record sales;she believed they were adapting and making it. Landstrom worked on the slope part time, and her experience there was that they had provisions similar to the ones in this emergency ordinance in order to protect the population. No one else appeared and the public hearing was closed. Crites supported this ordinance for another 30 days. Seese wondered if there was a way to allow the Founders Day event to happen at Branson Pavilion, given that they expected to have 30 to 40 people attend. Terry thought it was within their Constitutional rights to assemble. Baclaan added that up to 50%capacity was allowed, as well, and thought the Pavilion would allow enough space for the event. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2020-064, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 4, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center,Kenai Peninsula Borough,Plat No.97-27 Seward Recording District,Third Judicial District, State Of Alaska. Motion (McClure/Osenga) Enact Resolution 2020-064 Harbormaster Norm Regis said this land was previously leased,but came back to the city. Tougas had approached Regis last year expressing his interest in leasing it. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolution 2020-065, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 5, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center,Kenai Peninsula Borough,Plat No.97-27 Seward Recording District,Third Judicial District, State Of Alaska. Motion (McClure/Seese) Enact Resolution 2020-065 194 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page Harbormaster Norm Regis said this property was immediately adjacent to that in the previous resolution, and Tougas was interested in leasing this area, as well. Regis said Tougas may be interested in erecting a building on this property in the future, and would go to the Planning& Zoning Commission for approval when he was ready to start that process. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. No one appeared and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS Resolutions Resolution 2020 0717Approving The Memorandum Of Agreement Seward,Alaska Rail-r-o-Ad Co- ' kRRC) And The City Of Authorizing The City T-a AR-RC For- Up To 7275 in Costs Arising From The Mitigation UsingAt The Cr-ttise Ship Terminal And Doeli Mitigation Grant Funds A'war-ded To The City Through A Designated Legislative Grant For- COVID 19 . This item was postponed to September 14, 2020. Resolution 2020-074,Authorizing The City Manager To Enter Into A Contract With Coldfoot Environmental Services Inc.For The Hazardous Material Removal,Salvage Of Materials,And Site Demolition At The Site Of The Jesse Lee Home Located At Jesse Lee Heights Subdivision Addition No.4,Lots 15A And 15B, City of Seward,In The Amount Of$484,940,Plus A 10% Contingency,And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2020-074 Meszaros said there were two proposals received, and they had been graded by five staff members; Coldfoot Environmental was selected. Seese had heard there might be an issue with the title of the property. In response, Chandler said the original Purchase and Sale Agreement transferred title to the Friends of the Jesse Lee Home, subject to certain conditions, and included a reversionary clause. This meant that if the conditions were not met,the ownership automatically reverted back to the city. The deed still listed the Friends of the Jesse Lee Home, and the city requested the Friends to sign a quit claim,but the Friends of the Jesse Lee Home declined, alleging they had been denied access to the property which disallowed them to accomplish their work. Chandler said,as it appeared to him,the title had reverted to the City of Seward. The city had demonstrated by their actions that they owned the property, specifically when they erected a fence to control access to the property. What remained to be done, in his 195 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page opinion, was to have the borough record that the property ownership had reverted to the city. Chandler said,in relation to the resolution under consideration, the risk of the city moving forward with the demolition, in the face of the Friends saying they still owned the property and thereby potentially getting into a messy legal situation, was relatively slight. Motion Passed Yes: Crites, McClure, Osenga, Baclaan, Terry No: Seese INFORMATIONAL ITEMS AND REPORTS July, 2020 City and Providence Financials. CITIZEN COMMENTS The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Cheryl Seese thanked council for listening to her comments and for their service. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros welcomed Sowell and Chandler. Osenga welcomed Sowell and Chandler. He thanked Terry and McClure for bringing forward the emergency ordinance tonight. Osenga thanked the Chamber of Commerce for a good Silver Salmon Derby; he was sorry he didn't fish in it. He wanted everyone to be safe. Baclaan fished the Derby and caught a big, fat nothing; he thanked the chamber staff and volunteers.He congratulated Lynda Paquette's grandson on winning prizes in the youth category,as well as coming in second place overall. Baclaan thanked all the businesses and non-profits for applying for the CARES Act funding with the city;the money was intended to get out into the hands of the community.He welcomed Sowell,and was looking forward to having a productive winter.He welcomed Chandler, and commended Borgeson for doing a great job. Crites welcomed Sowell. She thanked council for passing the emergency ordinance tonight, and said the community was doing a great job keeping the virus at bay. Seese congratulated John Paul Paquette,Jr. for his success at the Silver Salmon Derby. She hoped there would be more money to give out in the second round of the CARES Act funding process. She welcomed Sowell and Chandler, and thanked Regis for the new dumpsters. 196 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page McClure welcomed Sowell. She thanked Katrina Counihan for her interest in Cook Inlet Aquaculture Association (CIAA); her credentials were outstanding. She was looking forward to attending the non-profit review committee meeting so she could say yes to all the applications. Founder's Day would be this Friday; as president of the Resurrection Bay Historical Society (RBHS), and under the current pandemic, McClure announced the museum would be open from 1:00-5:00 p.m. on Friday,there would be a large card for everyone to sign,and anew Rockwell Kent exhibit to see. There would also be an event at 3:45 p.m. in Branson Pavilion. Terry appreciated the comprehensive packet tonight. She appreciated Cheryl Seese's comments about having the Historic Preservation Commission and RBHS involved in the monument at the Jesse Lee Home. Terry commended the fire department for putting out the boat fire at SMIC over the weekend. She said today was the first day of school;because the community was doing so well managing the virus, students were able to attend school in person. Terry credited the borough mayor for repairing the tsunami sirens, thanked the chamber for a great Silver Salmon Derby, and welcomed Sowell and Chandler. EXECUTIVE SESSION Per SCC 2.10.030 (b) (2), go into executive session to discuss matters involving the working relationship between the City Manager and the City Clerk,which if discussed in public could tend to prejudice the reputation of a person. Terry requested that the executive session not be held tonight. She said she was working out a different internal process, and wished to take a different route;she may call for an executive session at a later date. There was no objection from council. ADJOURNMENT The meeting was adjourned at 8:34 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 197 AGENDA STATEMENT Meeting Date: September 14, 2020 From: Jessica Stallard, Deputy City Clerk r S Agenda Item: Approval of Licensed Premises Diagram Change of Liquor License#5621 —Restaurant/Eating Place—Public Convenience for the Highliner Restaurant BACKGROUND &JUSTIFICATION: The City Council has an opportunity to approve to the licensed premises diagram change of liquor license #5621 — Restaurant/Eating Place — Public Convenience for the Highliner Restaurant. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above licensed premises diagram change, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approve the licensed premises diagram change for The Highliner Restaurant, License #5621, Restaurant/Eating Place—Public Convenience. 198 MEMORANDUM Date: July 29, 2020 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Lt. Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jessica Stallard, Deputy City Clerk RE: Verifying Compliance for the Licensed Premises Diagram Change of Liquor License The following business has applied for a licensed premises diagram change of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Highiiner Restaurant Licensee: The Highliner Restaurant, LLC Type of License: Restaurant/Eating Place- Public Convenience License Number: 5621 Department (Status Initials Finance/Leases1 r ��l�l� •�lM�bs�c j �' �Q� ��' Finance/Utilities Police Chief Fire Chief * Deadline for Protest: September 27, 2020 199 ♦AOV 3 ,4,y r Alcohol and Marlivana Control Office Q C 550 W 71"Avenue,Suite 1600 Anchorage,AK 99501 atcohol,llcenslna@alaska.Rov AMCO +cgs ll_www.commerce.aiaska.eolweb/amco ' Phone:907.269.0350 Alaska Alcoholic Beverage Control Board nqVII.t4 Form AB-14: licensed Premises Diagram Change What is this form? This licensed premises diagram change form is required for all liquor licensees seeking to alter the functional floor plan or reduce or expand the area of the establishment's existing licensed premises,under 3 AAC 304.185.The required$250 licensed premises diagram change fee may be made by check,cashier's check,money order,or credit card(VISA or MasterCard. Your diagram must include dimensions and must show all entrances and boundaries of the premises,walls,bars,fixtures,and areas of storage,service,and consumption. If your proposed premises is located within a building or building complexthat contains multiple businesses and/or tenants,please provide an additional page that clearly shows the location of your proposed premises within the building or building complex,along with the addresses and/orsuite numbers of the other businesses and/or tenants within the building or building complex. if approved,this form will replace the existing licensed premises diagram on file.All sections of the currently licensed area that you wish to remain licensed must be included in the outlined area,as described on Page 2 of this form. Blueprints,CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form,as long as it meets the requirements listed on this form.The first and third pages must still be completed,attached to,and submitted with any supplemental diagrams.An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's main office prior to altering the existing floor Plan.The licensed premises may not be altered unless and until the AMCO director has given written approval on this form. Please note that licensees seeking to change licensed premises diagrams for multiple licenses must submit a separate completed copy of this form and pay a separate fee for each license. Section 9 - Establishment Information Enter information for the licensed establishment. m Licensee: IThe Highliner Restaurant, LLC License Number: 15621 License Type: Restaurant/Eating Place-Public Convenience Doing Business As: The Highliner Restaurant Premises Address: 1303 Adams St, Seward, AK,99654 City Seward state: I AK I ZIP: 199664 Section 2 - Summary of Changes Provide a summary of the changes for which you are requesting approval. Highliner restaurant located at 303 Adams Street in Seward Alaska, folowing CDC and Alaska Department of Health and Social Services, would like to add deck to service area. Deck located on the back of the building and will include 5 new tables and 20 seating places. [Form AB-141(rev 0612912018) Page 1 of 3 200 3RD AVE NUE u � � \� \ 2 f\ � � � � �} \� | � (� | )� � �` � : \ El � � ] � , . � 10 201 HAN P ! � prT Z T_ � e I'S�r m m m ` 4 � O y n w � o o t O G1 V Y ki a zj 1 Y £y u V T � a o z N m N 202 b a a r Security plan Highliner Restaurant • Ensure liquor sales and consumption will be contained in the licensed area. • Ensure inspectors and police are admitted into the premises covered by the liquor license. • All safety-related operations for our current liquor service will additionally be enforced in the new service area • Ensure that the liquor license is posted in a prominent location all the time. • Ensure that any person serving liquor must be 21 years of age and must be certified. The staff must limit alcohol consumption in accordance with their liquor training. Bartenders and servers must be experienced and must ensure that no guests are over-served. It is also the bartenders, servers' responsibility to ensure no minors are served alcoholic beverages. • Provide responsible supervision at all operating hours. • Ensure that,following Standards, all persons appearing will be required to provide a piece of identification proving they are of the age of 21 or older. Valid ID means an unexpired, unaltered passport or an unexpired, unaltered driver's license or identification card issued by a federal or state agency authorized to issue drivers' licenses or identification cards. If an alcohol server has reason to believe that the identification card presented is fraudulent,the licensee, agent, or employee shall refuse entrance to a licensed premise and shall refuse service to that person, per 3 AAC 304.425(b). Persons under the age of 21 may not enter or remain on licensed premises unless accompanied by a parent, legal guardian, or spouse over the age of 21 years. Notwithstanding this rule, licensees may exclude underage persons from licensed premises at any time. • Our priority continues in providing safety for all guests regarding the service of alcoholic beverages. • 3ft railings are around outdoor servicing. (deck) • No less than one service personal shall be present in the licensed area at all times. • Food will be served at all the time of service. • Food and Taxi use will be encouraged and promoted throughout the event.All guests will be reminded before and during the service not to drink and drive and of the other options available. • All entrances and exits will provide clear notice: "No alcohol is allowed beyond the outdoor seating area." • Proper signage at points of entry indicating no minors without a parent or legal guardian will be posted. 203 �01,�!}t��t Alcoholand Marijuana Control Office fly` fGy 550 W 71hAvenue,Suite 1600 Anchorage,AK 99501 . ANC0 �gllgl�licertsing�a?alaska,gov httgsa/www.tnmmerce.alask�ovlw ae mco .,q Phone:907.269.035 Alaska Alcoholic Beverage Control Board �JZoL0 t` Form AB-14: Licensed Premises Diagram Change Section 4 - Declarations Read the statement below,and then sign your initials in the box to the right: Initials The proposed changes conform to all applicable public health,fire,and safety laws. As a liquor licensee, I declare under penalty of perjury that tlfncluding all attachments,is true,correct, nd comp ,,.......;Wtp � / Aignatur .A. , fi �+:'y I e7 j �0 +t �(J; Notary Public in and for the State of Alaska. 1 i My commission expires: f'1GC Printed name of licensee LP my No, Sub >�ri� afore me thiFc, day of 20og Section 5 - Local Government & AMCO Review Local Government Review(to be completed by an appropriate local government official): Yes No Pending The proposed changes shown on this farm conform to all local restrictions and laws. A local di per is re or the proposed changes. e eP o�z-2-3 Signature of local government official Building Permit# Date C VIC,, Printed nawne of local government official 'Title 100 AMCO Review: Approved Disapproved Signature of AMCO Enforcement Supervisor Signature of Director Glen Klinkltart 7/29/2020 Printed name of AMCO Enforcement Supervisor Printed name of Director Date AMCO Comments: [Farm AS-141(rev 06/29/2018) Page 3 of 3 204 REQUESTS FOR PUBLIC RECORDS City Clerk's Report Updated for September 14,2020 City Council meeting Report from August 4 through September 4,2020 PENDING REQUESTS DATE REQUESTED BY DOCUMENT REQUESTED APPROPRIATE EMAIL SENT TO EMAIL SENT TO RESPONSE NOTES RECEIVED (Summary) DEPARTMENT HEAD CITY ATTORNEY PROVIDED COMPLETED REQUESTS DATE DOCUMENT REQUESTED EMAIL SENT TO CITY EMAIL SENT TO RESPONSE RECEIVED REQUESTED BY (Summary) APPROPRIATE CITY ATTORNEY PROVIDED NOTES DEPARTMENT HEAD August 4,2020 Ryan Haines Police Report Nickell,Schaefermeyer No 8/27/2020 August 10,2020 Lexis Nexis#1 Police Report Nickell,Schaefermeyer No 8/11/2020 August 10,2020 Lexis Nexis#2 Police Report Nickell,Schaefermeyer No 8/11/2020 August 17,2020 Janine Building permits processed from July 7,2020 Crites,Nilsson,Melvin No 8/17/2020 Rugas/Buildzoom to present August 17,2020 Lexis Nexis#1 Police Report Nickell,Schaefermeyer No 8/17/2020 August 17,2020 Lexis Nexis#2 Police Report Nickell,Schaefermeyer No 8/27/2020 August 17,2020 Jeremiah Vasquez Police Report Nickell,Schaefermeyer No 8/20/2020 August 18,2020 Laura Glover Police Report Nickell,Schaefermeyer No 8/18/2020 August 20,2020 Eva Sanchez Police Report Nickell,Schaefermeyer No 8/20/2020 Trish Neal/Alaska Questions on the abatement,removal of August 24,2020 Association forHistoric hazardous materials,and proposed memorial Wilde No 8/25/2020 Preservation,Inc. at the Jesse Lee Home Chris Copies of building designs/plans that depict Crites,Nilsson,Melvin, August 28,2020 Breemer/Cascadia the storm water management systems at 1907 No 8/28/2020 Associates,LLC Seward Hwy.,Seward,AK Wilde,Schoessler Thomas P. Nickell,Schaefermeyer, September 1,2020 Saxton/EFI Global, Fire Report Crites,Melvin No 9/l/2020 Inc. 205 PROCLAMATION 2017 Historic Preservation Plan City ofSeward i� WHEREAS, the Seward Historic Preservation Award is presented annually to recognize individuals, groups or organizations whose efforts and contributions help preserve Seward's history and heritage; and WHEREAS, John S. French served on the Seward Historic Preservation Commission for over 12 years and the Prince William Sound Regional Citizens' Advisory Council for over 10 years; and WHEREAS, Mr. French served as Vice Chair of the Historic Preservation Commission for 9 of those years; and WHEREAS, John S. French passionately advocated for the preservation of the Fort Raymond Subdivision and the Jesse Lee Home; and WHEREAS, in appreciation and recognition of John S. French's service to the City of Seward, Alaska and his service to the Seward Historic Preservation Commission, the City of Seward is pleased to present the 2020 Historic Preservation award to: JOHN S. FRENCH NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate John S. French and thank him posthumously, for his dedication and commitment to preserving Seward's history. Dated this 14th day of September, 2020 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 206 September October 2020 September 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 4 5 6 7 8 910 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 30 31 Sep 1 2 3 4 5 7:00pm P&Z Mtg I 12.00pm PACAB (Council Mt Cham bers) 6 7 8 9 10 11 12 Labor Day 6:00pm HPC Holiday................................. Regular Meeting Council 6:00pm HPC Work Session-Cance Iled Council 13 14 15 16 17 18 19 7:00pm CC Mtg 6:00pm P&Z 12:00pm PACAB (Council Work Session Work Session Chambers (Council Chambers Cham bers 20 21 22 23 24 25 26 27 28 29 30 Oct 1 2 3 7:00pm CC Mtg Cham bers Council Calendar 1 9/8/2020 10:10 AM 207 October 2020 oTu October2020 November2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 27 28 29 30 Oct 1 2 3 4 5 6 7 8 9 10 7:00Pm P MZ&P tg 12:00pm PACAB 6:00pm HPC (Seward Mtg Regular Librar Meeting Council 6:00pm HPC Work Session-Cance Iled Council 11 12 13 14 15 16 17 7:00pm CC Mtg 12:00pm PACAB (Council Work Session Chambers Chambers 18 19 20 21 22 23 24 Alaska Day Cif Holiday 6:00pm P&Z Work Session (Council Chain bers 25 26 27 28 29 30 31 7:00pm CC Mtg Chambers Council Calendar 2 9/8/2020 10:10 AM 208 November 2020 November2020 December2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 1 2 3 4 5 6 7 7:00pm P&Z Mtg 12:00pm PACAB (Seward Mtn Library) 8 9 10 11 12 13 14 7:00pm CC Mtg Veterans'Day 6:00pm HPC (Council Regular Chambers) Meeting Council 6:00pm HPC Work Session-Cance Iled Council 15 16 17 18 19 20 21 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council Chambers IL Cham bers 22 23 24 25 26 27 28 7:00pm CC Mtg ThanksgivingCit Holida ___ Cham bers 29 30 Dec 1 2 3 4 5 Council Calendar 3 9/8/2020 10:10 AM 209