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HomeMy WebLinkAbout01102022 City Council PacketSe -ward CAN Council Agenda Packet Photo by Kris Peck Monday, January 10, 2022 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting January 10, 2022 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 2023 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have John Osenga signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total time for this agenda item.] Term Expires 2024 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Liz DeMOss of Consent Agenda passes all routine items indicated by asterisk (*). Consent Council Member Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2023 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Ristine Casagranda Council Member A. Proclamations and Awards Term Expires 2022 1. Polar Bear Jump Off Festival Proclamation ........... Pg. 4 2. Congratulating the Seward Middle School Girls Mike Calhoon Basketball Team for winning Borough Championship 5 Council Member Term Expires 2024 B. City Manager Report ......................................... Pg. 7 Randy Wells C. City Attorney Report ....................................... Pg. 24 Council Member Term Expires 2022 D. Other Reports and Announcements 1. Chamber of Commerce Report by Executive Director Kat Sorenson (for December, 2021) ....................... Pg. 26 E. Presentations [Presentations are limited to ten minutes each, excluding Janette Bower Q&A, and are limited to two per meeting unless increased by council.] City Manager 1. Seward Area Hospice presentation by Ellen O'Brien 2. Forensic Audit presentation by Greene Forensic Brenda Ballou Accounting, LLC City Clerk City Clerk's Note: Due to unforeseen circumstances, the city council Brooks Chandler agenda for January 10, 2022 was incomplete when it was published in City Attorney the Seward Journal on January 5, 2022. All items in RED are updates to the agenda that was published. City of Seward, Alaska Council Agenda January 10, 2022 Page I 7. PUBLIC HEARINGS A. Resolutions for Public Hearing 1. Resolution 2022-001, Authorizing The City Manager To Enter Into A Consent Assignment To Vertical Air LLC, To The Lease Agreement L06-008 With Juris Mindenbergs, For Lot 5B, Block 1, Seward Small Boat Harbor Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2000-19, Seward Recording District, Third Judicial District, State Of Alaska To Extend The Term Of The Lease For 16 Years And To Add Two Five -Year Options To Extend ..................................... Pg. 28 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2022-001, Amending Portions Of Seward City Code 15.10.140 Definitions, Related To: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short - Term Rental Transaction, Sleeping Unit, Townhouse, Transient, And Whole House Nightly, And Enacting Language In 15.10.226 K Pertaining To Short -Term Rentals. ............................................................................................... Pg. 74 *2. Ordinance 2022-002, Amending Portions Of Seward City Code 15.10.140 Definitions, To Amend The Definition For Light Manufacturing, And To Amend 15.10.226 Land Uses Allowed Table: Allowing Light Manufacturing In A Central Business District With A Conditional Use Permit .................................. Pg. 106 *3. Ordinance 2022-003, Amending Portions Of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds .................................................. Pg. 117 B. Resolutions * 1. Resolution 2022-002, Adopting An Alternative Allocation Method For The FY2022 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area, And Authorizing The City Manager To Apply For Funds From The Shared Fisheries Business Tax Program. 130 2. Resolution 2022-003, Authorizing The City Manager To Execute Task Order R&M No. 21-00 With R&M Consultants For The Development Of The SMIC Bench In The Amount Not To Exceed $123,395 And Appropriating Funds ..................... Pg. 134 3. Resolution 2022-004, Authorizing The City Manager To Purchase (2) 2022 Ford F- 150 Super Crew Cab Police Responder Trucks From Kendall Ford Of Anchorage Under The State Of Alaska Fleet Vehicle Contract, With Associated Upfitting And Fire Specific Equipment From Alaska Safety, And ProComm Alaska In The Amount Not To Exceed $122,463.92 And Appropriating Funds ........................... Pg. 148 City of Seward, Alaska Council Agenda January 10, 2022 Page 2 4. Resolution 2022-005, Directing The City Manager To Enter Into Negotiation To Purchase The Lots Owned By Thomas Gillespie, Located At 2405 And 2413 Seward Highway, For The Future Location Of The Public Works Shop Facility And To Begin The Required Appraisal Process ...................................................... Pg. 193 5. Resolution 2022-006, Directing The City Manager To Create A Project Plan For The Expansion Of Utility Infrastructure Which Will Increase Residential Development Within City Limits...................................................................... Pg. 203 *6. Resolution 2022-007, Amending The City Council Rules Of Procedures, Rule 16, To Reflect Changes Made To The Evaluation Forms And Introducing New Goal -Setting Forms For The City Attorney, City Clerk, And City Manager .................... Pg. 216 7. Resolution 2022-008, Authorizing the Sale of Real Property located at 1911 Dora Way, also known as the Dora Way Playground by Sealed Bid as Provided by Seward CityCode................................................................................. Pg. 229 C. Other New Business Items * 1. Approval of the December 13, 2021 City Council Regular Meeting Minutes. Pg. 269 2. Schedule a Special Meeting with a Committee of the Whole to discuss the legal relationship between the City of Seward and Providence Hospital on February 14, 2022 at 6:00 p.m........................................................................ Pg. 279 *3. Approval of the NEW liquor license and Restaurant Designation Permit for the Gateway Hotel, License 95983 Beverage Dispensary — Tourism ................ Pg. 280 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. October, 2021 City and Providence Financials. B. City clerk's letter to the Alcohol & MarUuana Control Office (AMCO) stating non - objection to the renewal of liquor license 95621 Restaurant/Eating Place Public Convenience for The Highliner Restaurant ........................................ Pg. 308 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. EXECUTIVE SESSION A. Go into executive session to discuss United Cook Inlet Drift Association and Cook Inlet Fisherman's Fund V. National Marine Fisheries Service and National Oceanic and Atmospheric Administration with City Attorney Brooks Chandler, per AS 44.62.3 1 0(c)(3) matters which by law, municipal charter, or ordinance are required to be confidential. 14. ADJOURNMENT City of Seward, Alaska Council Agenda January 10, 2022 Page 3 PROCLAMATION �� i " WHEREAS, the Polar Bear Jump -Off started in Seward in 1986 and is historically a weekend -long festival that includes a live auction, turkey bowling, a parade, and participants jumping into the near - freezing waters of Resurrection Bay and held on the 3111 Saturday of January each year; and WHEREAS, the mission for this annual event is to raise pledges which help provide cancer patients and their families with information and support, fund research that leads to improved treatments, provide education about cancer prevention and early detection, and help ensure that everyone has access to lifesaving cancer screenings and support for eliminating cancer in our society, and, WHEREAS, the funds raised by this event assist the American Cancer Society Inc. West Region as well as the Kids with Cancer on the Kenai grant program; and, WHEREAS, it is through the hard work and dedication of all the volunteers and jumpers that help ensure that more people survive cancer so they can celebrate another birthday. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby proclaim Saturday, January 15, 2022 as the 371h Annual Polar Bear Jump -Off at Seward's Boat Harbor, and I do commend all of the volunteers, supporters, and jumpers who participate in the festival. DATED THIS 1 Oth DAY OF JANUARY, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 4 PROCLAMATION WHEREAS, Seward's Middle School Girls Basketball team did not have a 2020 basketball season due to COVID school closure, which encouraged 25 young ladies to come out in 2021 for basketball to learn new skills and stay active, of which 21 had never played basketball before; and WHEREAS, the 10 girls on the "A" team chose to have fun and work as a team all year which resulted in a regular season record of 3-1 and ultimately winning the 2021 Borough Middle School Tournament Championship at home December 11, 2021; and WHEREAS, this is the first Girls Basketball Championship at Seward Middle School in the last 10 years; and WHEREAS, the Seward Middle School and the City of Seward are very proud of the Seward Silvers Girls Basketball Team for their great accomplishments; and WHEREAS, this would not have been possible without the support of their families encouraging them to try new things, the school making sure they were student athletes first, and residents of Seward for showing up and cheering at Home during the Borough tournament. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby congratulate the Seward Silvers Girls Basketball Team and Coach Grace Williams and commend them for their hard work and perseverance. Dated this 101h day of January, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 11 From Left to Right Back: Coach Monserrate, Mikinley Williams, Esme Wilder, Lia Shank, Kate Norvell, Makena Disermia, Coach Williams Front: Amara Ransom, Poppy Terry, Ava Jagielski, Regan Siebert Not In Picture: Pamela Hillestad & Manager Abby Schilling City of Seward City Manager's Report January 10, 2022 Mayor Terry and Council Members, I thoroughly enjoyed my first holiday season in Seward! I am inspired and look forward to building on the current Christmas lights next year. Heat Pump System Project I requested an additional extension for the grant for the heat pump system project. Alaska Energy Authority (AEA) responded by stating that they will work on another extension for the project. The extension will most likely be a three-month extension. They agreed that the infrastructure bill could be a source of funding for the remainder of the project expense. The extension may require an additional resolution. I will bring that forward at a later if it is required. Alaska Railroad Meeting On Monday, December 20, myself, the Assistant City Manager, Community Development Director, Council Member DeMoss, and Mayor Terry* met with Alaska Railroad CEO Bill O'Leary, Vice President of Real Estate and Development Jim Kubitz, and Director of External Affairs Tim Sullivan. The purpose of the meeting was to receive an update regarding the cruise ship and freight dock projects. It was explained that the freight dock project is moving along and the last portion of the funding, in the amount of $5,000,000, is included in the Governor's budget. The discussion then turned to the cruise ship dock project. The project cost is $65,000,000. The project was originally going to be completed as a developer/operator project. However, the process has been reevaluated by the Railroad and moving forward, it is an Alaska Railroad project. Included in the project is a new cruise ship building. It was suggested by the Alaska Railroad the City be involved in the construction of the building, creating a partnership with the Railroad. There were no further commitments regarding the City's involvement in construction of the building other than to continue the dialogue. We did commit to support both projects with resolutions and letters of support. A resolution of support will be on the January 24 agenda. *Please note that Mayor Terry did an excellent job of distinguishing her representation of the City and her representation of the Railroad. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Deputy Finance Director Department: Finance Date of Separation: 12/31/2021 New Hires: Department: Date of Hire: Executive Assistant Comm Dev Community Dev 12/13/2021 Seasonal Library Aide Library 12/14/2021 Police Dispatcher Police 12/28/2021, pending offer Available Full Time Positions: Water/Wastewater Operator Finance Director Campground Coordinator Library/Museum Aide Deputy Finance Director Department: Position Status: Public Works Advertising Since 10/05/2021 Finance Advertising Since 10/05/2021 SPRD Advertising Since 10/18/2021 Library Advertising Since 11/08/2021 Finance Advertising Since 01/13/2022 Available Seasonal Positions: Department: Position Status: Seasonal Winter Park Maintenance SPRD Advertising Since 09/15/2021 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Date Department Description Amount Police vehicles upfitting, includes prisoner cage, gun locks, 12/7/21 Police radar installation, video installation, console reconfiguration, $ 15,960.00 emergency lighting,and labor 12/7/21 Police Officers radio equipment $ 24,538.80 12/9/21 Fire Upgrading report management system from Fire House to ESO $ 7,467.00 12/9/21 Electric Power lines annual permit $ 7,710.61 12/22/21 Library Desktops and monitors for new public use stations for the $ 14,452.45 library and new server 12/22/21 Fire Rugged tablets for fire department command vehicles $ 5,669.58 12/22/21 Sewer Town wastewater lift station Forrest Acres grinder pump $ 22,292.00 replacement 12/22/21 Electric I Annual membership dues $ 17,146.00 12/22/21 Public Works Engineering consults and initial work plan task for Public Works $ 11,910.70 and City shop Thank you, From: Kristopher Knauss To: Stephen Sowell; Janette Bower Cc: Royce Weller; Stacey Carpenter Subject: Redistricting Committee Summary Date: Tuesday, December 21, 2021 9:43:45 AM External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. December 21, 2021 Dear Janette & Stephen, You asked for a brief summary on the Alaska Redistricting Board and next steps in the process. Under the Alaska Constitution, the Redistricting Board is established every ten years to conform legislative districts following updated data from the U.S. Census Bureau based on deviation and population change. The five member committee must represent following this order of appointment: 2 appointees from the Governor, 1 appointee from the Senate President, one appointee from the Speaker of the House, and one appointee from the Chief Justice of the Alaska Supreme Court. Each appointee must represent a judicial district. The Alaska Redistricting adopted their 2021 Proclamation on November 10, 2021 on a 3-2 Vote. Votes in support of the proclamation were Chairman John Binkley, Bethany Marcum, and Bud Simpson. Votes in opposition were Nicole Borromeo and Melanie Bahnke. Any eligible Alaskan voter wishing to challenge the final proclamation is allowed to file suit with the superior court within 30 days following the 90-day limit on the process. That date would be December 10, 2021. The Board fully expects that of the five lawsuits filed against the proclamation the superior court will combine suits and prepare for the Alaska Supreme Court. In 2011, the same outcome; however, the courts ruled the final proclamation would suffice for the 2012 ballots, and the courts would address any changes into the 2014 election cycle. Alaskans could very well see the same outcome for 2022. In 2021, we have seen the following plaintiffs file five timely lawsuits in the Alaska Superior Court: 1) Mat -Su Borough - claiming underrepresentation given growing populations trends in the area (HD 25-30). Basically, the Mat -Su sees their districts as overpopulated given the rest of the state; 2) Felisa Wilson, George Martinez, and Yarrow Silvers (East Anchorage Residents) - claim the board improperly and illegally drew state Senate districts that join East Anchorage neighbors with Eagle River creating significant differences and challenges in socio-economic demographics; 3) City of Valdez - this lawsuit cites lack of public process through public hearing and the board taking an lack of input on the City of Valdez being incorporated into the same legislative district as the Mat -Su Borough given the significant socio-economic differences between communities; 4) City of Skagway - this lawsuit argues the board should have placed the City in more alignment with downtown Juneau rather than the Mendenhall Valley. Haines actually falls under the same premise; however, did not file a lawsuit; 5) Calista Corporation - in addition with two residents filed a lawsuit around two new house districts under the proclamation. The first argument is the exclusion of Hooper Bay and Scammon Bay in the southwest Alaska House District. The next argument is the placement of Tyonek (Cook Inlet Village) in a southwest house district. The Alaska Redistricting Board has been meeting consistently on how to handle these suits and beginning the background and legal defense process. I assume that once these suits move forward, entities or individuals can file an amicus brief into pertinent cases once the courts decide when and how to handle for the betterment of the election process. I would also remind you both that on top of redistricting challenges, the State will have the enormous burden of executed a ranked -choice election. This type of election could cause delay and legal challenges given the variables of uncertainty and Alaska's high number of precincts. I'd be happy to discuss further at your convenience. Happy Holidays, Kris Knauss I Managing Partner Confluence Strategies, Inc. P.O. Box 110190 1 Anchorage, Alaska 99511 W: (907) 463-2533 1 Q (907) 351-2524 E: Knauss@confluence-strategies.com 10 City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ CIP Prioritization Items -During the September 13th Regular City Council Meeting, Council approved Resolution 2021-105, which outlined the priority of five specific Capital Improvement items. Here is a status update on each of those projects: 1. Completion of the Lowell Creek Tunnel which is a collaboration between the City of Seward and United States Army Corp of Engineers. The City Manager and Assistant Manager continue to work with our Federal and State Lobbyists to ensure Congress fully funds this project. The City Manager, Assistant City Manager, and Public Works Director met with USACE staff on November 16 to express continued support for the project and will continue to advocate for Federal Infrastructure dollars to be devoted to completion of this project. As they currently stand, the House and Senate FY Energy and Appropriations Bills contain $3 million for the Army Corp of Engineers to continue work on the project. The total project cost to construct the new tunnel is $185 million. 2. Construction and relocation of Public Works into a new facility. City Administration is coordinating with the Flood Board to obtain improved flood data which will be used to select the best possible site. During the Work Session on October 25th, several sites were discussed. The intent is for Council to select the site in January after the flood data is available. There is a resolution in the January loth City Council meeting agenda to proceed with negotiations for the purchase of property which will be used for the location of a new facility. 3. Addition of utility sites to municipal campground sites on the waterfront. R&M Engineering is in the process of designing the expansion of water and electric to the applicable locations in collaboration with Public Works, Electric, and Parks and Recreation. At this time, the project is likely to occur in Fall of 2022. This will ensure no negative impact on the tourist season or loss of revenue due to the need to close campsites. No firm project cost has been established; although preliminary rough calculations from past years when this project was considered had the total project cost at $400,000; depending on which specific sites are enhanced and to what degree utilities are added. W 4. Purchase of Alaska Land Mobile Radios for public safety purposes. The Department of Defense has indicated that the new ALMR radios need to be in place in all municipalities in Alaska by 2023. As such, the City plans to purchase these units in late 2022 with delivery expected in 2023. At this time, the projected cost is $280,000 with funding source(s) to be determined during the budget meeting. 5. Establishment of a Community Recreation Center. The 2022 budget approved allocating $100,000 for a feasibility study to examine the community needs and requirements for a Community Recreation Center. The results of this feasibility study can be used to continue working on this project. Parks and Recreation is working on creating the RFP and upon the conclusion of an RFP, City Administration will schedule a Work Session to provide the results of that report to City Council. ➢ The Assistant City Manager and Community Development Director met with Senator Murkowski's office on December 16th to discuss the importance of J-1 and H-2B visas to local businesses. The Senator's office will be following up with the State Department and Department of Labor to advocate for enhanced utilization by Alaska businesses for these important temporary work visas. On December 215t, the Department of Labor announced that 20,000 additional H-2B visas would be made available. We will continue to advocate for expansion of these visas to the extent that it benefits the Seward community. ➢ The Assistant City Manager and Community Development Director met with our grant writers at R&M Engineering on December 27th regarding the 2022 Legislative Priorities and Capital Improvement lists. They are examining and pursuing grants to provide funding for these vital projects. While Congress did pass the Bipartisan Infrastructure Bill, the details of grant opportunities have not been released. As further details are available on the various grant opportunities, we will continue to pursue those opportunities. ➢ City Administration provided the Capital Improvement Plan to our Federal and State Lobbyists and will continue to work with our legislators to advocate for funding to meet the fiscal requirements of these projects. 13 Community Development Department Jason Bickling Director Notes: We have a new Community Development Planning Assistant — Selena Soto. She was previously working as a contractor for us with archive scanning some map work and has already been a great contributor to our team. She is will be great in this new role. She has a strong background with GIS as well, which is turning out to be a great asset to our department and will definitely be in the future. Here's what we've been working on: ➢ Working on the Legislative Priorities/Capital Improvement Projects Guide for our legislators and lobbyists. The Chamber is letting us use their visitor guide and marine guide resources — fonts, icons, photographs as needed. This is so that it can be handed out with the other guides demonstrating the infrastructure that it is supporting. ➢ We are currently working with our planning contractor while our staff planner is out on leave until mid -February. ➢ We are in the process of assessing the number empty lots and houses that are not occupied. The staff went out and did a physical confirmation of what the borough plat map has (their maps are over 5 years old). We are also cross referencing with the utility department to confirm empty homes. When we finalize that list, we will be contacting owners to get more information as to why their property is vacant and then develop a strategy around how we can help get those properties sold, developed, etc. for better infill. ➢ Working with other departments on ways to help keep our sidewalks clear for businesses in the areas where there is significant foot traffic. ➢ Working with Clerk to help Open Gov and Harmari information to create an integrated and efficient process for businesses ➢ Met with Parks and Rec staff to coordinate work for the Cemetery plotting process — working through available plots City Planning Work: ➢ Ongoing: working with people in the community to answer questions about their property — uses allowed, setbacks, processes, etc. ➢ Working with businesses on plans before submittal ➢ Business Licenses — over 100 reviewed (busy because of New Year) ➢ Building Permits — 0 reviewed ➢ CUP Applications — 0 prepped for PZ meeting ➢ Variance Applications — 0 prepped for PZ meeting ➢ Replat Applications — 1 prepped for the January 111h PZ meeting (Chugachmiut) ➢ Public Meetings: none 14 Electric Department Director Rob Montgomery ➢ Infrastructure Projects Update — The Invitation to Bid for the infrastructure work on Nash Road/Seward Highway was issued in December and bids are due January 12, with a selection made by January 19. The original dates for opening bids and selecting a contractor were pushed back at the request of interested bidders because of the holidays. ➢ Electric Department Planning Meeting — The Electric Department held an offsite planning meeting on Thursday, December 16. The agenda for the all -day meeting included Assistant City Manager Stephen Sowell discussing the City's residential development plans; Alaska Energy Authority Executive Director Curtis Thayer discussing the Bradley Lake Hydroelectric Project; a team review of 2021 (what went well and areas of improvement); and setting team goals for 2022. The team also spent time discussing the department's mission and values as well as the overall culture we're working to achieve. ➢ Railbelt Transmission Infrastructure — Railbelt utilities are working together to secure federal infrastructure funding to upgrade aging transmission infrastructure, increase transmission capacity and build in redundancy of the Railbelt's transmission system. Meetings were held in December as the utilities worked together to prioritize projects and create key messages. Communications with Alaska's federal delegation are expected to begin in January. Fire & Building Department Fire Chief Clinton Crites We can always use volunteers, if you or someone you know is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00 pm. Statistical Information; Fire & Life Safety Inspections 2021: 411 inspections discovering 687 violations. Emergency Calls 2021: 292 New Building Permits issued 2021: 50 with atotal job valuation of $6,436,942. Demo Permits issued YTD: 6 • December 18th American Legion, Kids ride on a firetruck parade was a huge success! We are running out of firetrucks to put kiddos on! We had a blast having Santa ride with us. • December 18th Firefighter 1 Students took their written and practical exams • December 2211 and 23rd Seward Fire Department provided over 40 families with gifts and clothing with the Angel Tree Program. Thank you to all the public donations for both gifts and helping us wrap well over 300 gifts!!!! Walk Safe This Winter: Always wear proper footw4br, Don't Jump or slide, and stop and scan for hazards. Harbor Harbormaster Norm Regis ➢ Both Travelifts were very busy this week due to warm temperatures finally, we have caught up with all the vessels that were delayed due to cold weather. ➢ We are still clearing snow in the SMIC yard, there are several lifts scheduled this week. ➢ The water throughout the harbor has been turned off, there are several locations that we will have water on for the winter. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take shape, just a few more items to deal with and we can lease out the property again. ➢ The harbor office is fully staffed. ➢ The Harbor has upgraded to the new software and are continuing to work through some minor issues with the on-line payments. ➢ The harbor office is on its winter schedule and are open Monday through Saturday. The Sunday harbor crew will check phone messages throughout the day and respond as necessary. ➢ Continuing to have meetings for the North East harbor launch ramp, the contractor will start disassembling the old launch ramp in mid -February. ➢ Global Diving & Salvage will start replacing the anodes in January 2022 they anticipate just about a week and a half of work to complete the project. ➢ Harris Sand and Gravel will start working on the G, K and L-float project in mid -January 2022. ➢ We are working with Moffatt & Nicole on the design for the 5-ton crane on I -Dock. ➢ We are also working with PND Engineers on a wash -down pad located by the 50-ton travelift. 17 Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Naval Radio Station The Seward Naval Radio Station is featured in the Windows of History display. Learn about the radio station that was built near the head of Resurrection Bay in 1917, caught fire in 1935 and was subsequently abandoned. View pictures of the radio station from the late 1910's when it was at its best and pictures from 1935 when it burned down. Also on display are recent photographs depicting the last building succumbing to Mother Nature. Artifact of the Month Selective Service Medal The December Artifact of the Month a Selective Service Medal awarded to Leon Urbach for his work on the local draft board during World War II. Leon Urbach established Urbach's clothier in 1915 and lived in Seward until his retirement in 1954. The Selective Service Medal was designed to be given to uncompensated personnel. Many of these people were volunteers who gave their time in the evening and on weekends. January Game Night The Library will be hosting a game night January 22 from 4-6 p.m. The Library is partnering with the Seward Youth Council and Jenny Rutledge to bring bingo, life size Connect 4, Jenga, and other board games for our families. Bouncing Babies The Library is offering a program from 0-18 months on Saturdays from 10:30-11 am. The program offers crafts, songs, and sign language. We also offer activities to older siblings to join along. Tot -Time Every Tuesdays and Thursday, the Library and Parks-n-Rec, work together to bring arts n crafts, story time, and play time for our younger crowd. Library hours Tuesday — Friday Saturdays 9 a.m. — 6 p.m. 9 a.m. — 5 p.m. Museum Hours Friday — Saturday 1 p.m. — 5 p.m. We are currently taking passport appointments. appointment. Please call 907-224-4082 to make an 18 Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter • The Ventrac Snow Vehicle is estimated to be built on 12/30/21. • Seasonal park maintenance staffing levels have been low for the past few weeks but are expected to return to higher levels after the holiday break. Camparounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https: //www.cityofseward.us/departments/parks-recreation/campa rounds YTD Cam s of Bookings as of 12/30/21 Period Site Nights Revenue Completed Bookings 34,500 $ 1,406,200 Advance Bookings 0 $ 0 Total: 34,500 $ 1,406,200 Sports & Recreation Register for programs and reserve facilities: https://seward.recdesk.com/Community/Home View program details: https: //www.cityofseward.us/departments/parks-recreation/sports-recreation Tot Time 12/02 12 participants 12/09 10 participants 12/14 17 participants 12/16 9 participants 12/21 19 participants 12/23 10 participants 12/28 18 participants 12/30 14 participants Archery 12/16 2 participants Adult Volleyball League I Wednesdays I November - January 8 teams Winter Equipment Rentals Pick-up available M-F, 9 am — 11 am Drop -in Soccer I Thursdays 1 7 pm — 9 pm iM 12/02 4 participants 12/16 2 participants Breakfast with Santa 1 12/11 1 9 am — 11:30 am 106 participants NO] $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 Campground Revenue - Unaudited January February March April June July of r 2018 2019 ■ 2020 ■ 2021 2018 - January to October $ 875,131.86 2019 - January to October $ 926,472.77 2020 - January to October $ 651,987.65 2021 - January to October $ 1,478,524.47 21 —_,■— August September October November December Public Works Department Doug Schoessler ➢ Wastewater and Lagoon overview study: This study is complete. The third -party study was presented by R & M Engineering at the October 25 Council Meeting. Recommendations are as follows: Using a multi -function portable probe, perform summertime DO, pH and temperature measurement profiles in grid pattern from both lagoons during a period of non -rainy conditions and at least 3 days after a significant rain or high user population event. Foritems 1 & Z, testing is scheduled for June 2022 During the same effort, from at least four separate locations in each lagoon aeration zone (front and back zones of both basins), collect composite samples of BOD, TSS, carbonaceous BOD (CBOD), soluble carbonaceous BOD (SCBOD), ammonia, total Kjeldahl nitrogen (TKN), alkalinity, nitrites nitrates Consider the eventual supplementing or replacement of the existing coarse bubble aeration system with a fine -bubble aeration system. We expect to have more product and cope information by the end of-7anuary for items 3 & 4. Consider replacing the existing blowers with new, more -efficient units having a higher aeration output to increase the capacity of the existing aeration system for improved treatment of greater -than -average conditions. Consider modifying the influent and effluent header piping to provide additional inlets and outlets serving each basin. Discussed this with R&M. Asked them to identifyscope and costs Continue implementing a regular sludge removal program. Scheduled for 2025/2026. Consider the procurement of a floating dredge unit to reduce the need for dewatering the lagoon basins for this effort. R&M and their subcontractor will investigate further to determine whether a floating dredge can work this lagoon with all the underwater infrastructure. The use of sodium nitrate could continue to be used by the City as a relatively quick and temporary measure for addressing odors. This method does not appear to be a good permanent solution for proactively mitigating or preventing odors. Agreed, when the above aeration improvements are approved and installed, this use will be reduced. ➢ Level 1 & 2 Soil investigations at the Public Works Facility on 6t" Ave.: CITY OF SEWARD SHOP SEWARD, ALASKA -*Update: This total price will drop since we recently determined a is pit drain in the shop is fully sealed concrete with an of%water separator design under the floor grate. This identified area will not have a clean up or further mitigation. -R&M Consultants provided a proposal for remediation to meet DEC guidelines. We have approved them to do Task-1 to get the process started, this initial Task-1 cost is $11,910.70 and gets R&M working on the Sampling and Analysis Plan (Work Plan). -*Note. The total cost of the proposal is $109,150 and will come back to Council in the spring of 2022 for approval of the balance. That next ,portion includes disposal of any contaminated soil disturbed or generated by the test well borings R&M Consultants will also write project records and report all required correspondence with DEC. ➢Snowplow Routes: With most normal snowstorms we put all equipment operators out to plow snow. One grader will plow downtown, one grader plows Gateway Subdivision, and the third grader plows Forrest Acres Subdivision. Loaders follow shortly after to clear driveway berms. We also run an early quick lap with the Sander/plow truck to plow the routes to the hospital, schools, long term care, and the Nash Road hill route. When one of those routes is finished, they plow Lowell Point Road or help out in the other areas. Snow berms downtown are hauled away, usually within a few days of plowing. *If you have and questions as to when plows are out or feel you were missed, please feel free to call the Public Works Dept at 907-224-4058. We are happy to help youl ** Winter weather is here. Don't aet a ticket for aarkina downtown on Tues and Weds mornin s. ** Please take note of the Seasonal "No Parking" signs that were installed on 3rd, 4t", and 5tn Aves. This parking pattern will allow snow and ice removal once per week from road edges. The weekly snow and ice removal will improve the effectiveness of the gutters and storm drains. ffl�PA RKINGMLI PARKING TUESDAYS WEDNESDAYS 2:00AM 2:00AM TO 8:00 AM TO 8:00 AM OCT 1l5_A;A15 OCTI,S_A:RIS 23 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com January 4, 2022 Seward City Council City of Seward PO BOX 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during December. Fire Department We advised on volunteer background checks. Personnel We prepared a revised policy for officers under investigation to provide for leave without pay pending resolution. Planning We advised on formalizing a drainage easement. General Matters We reviewed code sections which would require amendment to decouple the City from review and approval of hospital budgets. We also reviewed and advised on current contract provisions with Providence and the Seward Community Health Center. We began drafting a purchase and sale agreement and restrictive covenants for an anticipated sale of a city lot. We commented on a request for the City to submit a brief in a pending federal court case between United Cook Inlet Drift Association and the National Marine Fisheries Service including reviewing the Complaint and contacting other city attorneys. We reviewed the current contract 24 Seward City Council January 4, 2022 Page 2 for a community jail. We reviewed the multiple redistricting lawsuits and spoke to the Valdez city attorney about their case. We reviewed and commented on an ATV ordinance. We advised on contract procurement procedures. Port We reviewed comments and suggested changes from the University of Alaska to a draft MOA and proposed lease amendment. We reviewed and commented on a proposed lease assignment. We reviewed a proposed sublease. We spoke with counsel for Icicle regarding a lease amendment. You can expect to receive our next status report by February 10. Very truly yours, CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Brooks W. Chandler W Seward Chamber of Commerce Report January 2022 - 2022 Seward Visitor Guides are printed and will arrive soon! Samples have already arrived and will be distributed to council. - The Seward Marine Guide has arrived in Seward. It was a big hit at the Pacific Marine Expo and has already been a useful tool when explaining all the Maritime opportunity in Seward. - Working with city of Seward to provide branding and photography for legislative priorities document. Will help liven up the city of Seward brand when approaching legislatures and create a cohesive and fresh image of Seward. - Working with PACAB to discuss barriers to entry on businesses and to understand the importance of workers on visas (H2B and J1). - Kelly Anne Cavaretta hired and to start in the SBDC position based out of the Seward office. She will be available for meetings with small businesses, potential small businesses, and will foster and grow relationships with small businesses. Through UAA and SBDC we can expect further job creation as new and existing businesses use the assistance to grow and expand, keeping work and dollars in the community that is currently going elsewhere. Another outcome would be increased sales tax revenues for the city of Seward, therefore benefiting the entire community. - Working with the Seward Polar Bear Jump to market and promote the beloved and well - attended event. - Sponsoring and assisting the Tsunami Bowl for 2022 and providing information for visitors to town. - Working on creating a February weekend to attract visitors and excited locals! - Fireworks on New Years Eve! Marketed to people across the state, and promoted events throughout town. We also co -supported free taxi rides with Seward Prevention Coalition to insure a safe and happy New Year. - Assist with and attend the annual Industry Outlook Forum in Kenai with updates on tourism, real estate, Alaska Marine Highway, medical services, gas & oil, and more. - Building maintenance — painting, updating technology, keeping it seasonally decorated and fun. - Shop Small Weekend (Nov. 26 to 28) brought over 40 businesses and artists, makers, food & beverage and lodging providers together. We were able to partner with businesses and connect many to facilitate pop-up vendors, special events, and promotions including a Shop Samll Raffle. We saw over 250 unique shoppers. 41 - Working with Datafy to better understand visitor trends to Seward. Using proprietary and public sources of opt -in data (think your cell phone), Datafy is able to derive data about seasonality, visitor demographics, event and campaign success, and more. The data is backlogged for three years at the start so we're already able to see some exciting preliminary data. See the attached comparing repeat vs. one time visitors to Seward over a three year period. P w Daily Visitors N N j. N A in w A O O A P � Z C w P 00 A N O N _ N O P v � v N J N M N `O N UI P �O � N O —— O W � v A a4a4 24 o N N r N Op O0 N N � K o V �O w o P v M O A O o � V v N 3 0o 3 O T 27 Resolution 2022-001 Documents: • Agenda Statement • Resolution 2022-001 • Attachments: o Aerial of Lot 5B Block 1 o Assignment of Lease o Consent to Assignment o Lease 06-008 o Lease Extension Amendment o Plat 2000-19 o Request for Extension 28 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Resolution 2022-001: Authorizing the City Manager to Enter into a Consent Assignment to Vertical Air LLC, to the Lease Agreement L06-008 with Juris Mindenbergs, for Lot 5B, Block 1, Seward Small Boat Harbor Subdivision, City of Seward, Kenai Peninsula Borough Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska to Extend the Term of the Lease for 16 Years and Add Two Five-year Options to Extend Background and justification: Juris Mindenbergs currently has Lease L06-008 for 4,250 square feet more or less of Lot 5B Block 1 Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No.2000-19 in Seward Recording District, Third Judicial District, State of Alaska. Juris Mindenbergs has requested approval to assign the lease to Vertical Air, LLC, which will continue to use the leased land for a retail shop. Article 12 of the lease allows lease assignments upon findings by Council that use is found to be in the public interest. Vertical Air has been subleasing from Mr. Mindenbergs since October 2019. The current lease L06-008 will expire on February 24, 2036. Vertical Air LLC requests a sixteen -year extension of the lease, which would make the lease term ending date February 24, 2052. Vertical Air LLC is also requesting two five-year options to extend. This (exercising the extension options as one and adding two further five-year options) is consistent with the methodology used in previous lease actions approved by the Council. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: (page I-12, 3.1.1) Attract new business and industry to the greater Seward area Strategic Plan: (page 5) Attract New Industry: Develop an aggressive marketing campaign which highlights the diverse resources, and quality of life that make Seward a great place to live and establish a business or industry. Other: Certification of Funds Total amount of funds listed in this legislation: $ 6,755.80 annual This legislation (✓): ✓ Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact 6,755.80 Funds are (✓): ✓ Budgeted Line item(s): Not budgeted 11000-2000-5000 Lands Rents & Leases Additional fiscal notes: The lease rate including CPI adjustments from 2021 is $6,755.80 annually per the 2020 appraisal and adjusted for inflation. This parcel will also be reappraised in 2025. Finance Director Signature:1- Attorney Review✓ Administration Recommendation Yes ✓ Adopt Resolution ✓ Not applicable Other: 011 Sponsored by: Bower Public Hearing: January 10, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-001 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Consent Assignment to Vertical Air LLC, to the Lease Agreement L06-008 with Juris Mindenbergs, for Lot 5B, Block 1, Seward Small Boat Harbor Subdivision, City of Seward, Kenai Peninsula Borough Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska to Extend the Term of the Lease for 16 Years and to Add Two Five -Year Options to Extend WHEREAS, Juris Mindenbergs ("Lessee") has requested an assignment of lease to Vertical Air, LLC of the existing lease agreement with the City of Seward for 4,250 square feet, more or less of Lot 5B, Block 1, City of Seward, Seward Small Boat Harbor Subdivision, Kenai Peninsula Borough, Plat No. 2000-19 recorded in the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, Article 12 of the Lease provides that the Lessee shall have the right to assign the lease upon findings by the Council that use is found to be in the public interest; and WHEREAS, the lease site will continue to be utilized as a retail shop and is consistent with current zoning and land use regulations; and WHEREAS, the current lease has been in effect since February 24, 2006; and WHEREAS, the current lease will expire February 24, 2036; and WHEREAS, Vertical Air LLC is requesting to extend the lease term by sixteen years and to add two five-year options to extend. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into Consent to Lease Assignment to Vertical Air, LLC, in substantially the form as attached hereto. Section 2. The recitals set forth above are incorporated herein by reference and adopted as findings of the City Council. For the reasons stated, an assignment to Vertical Air LLC, in the form presented at this meeting is found to be in the public interest. Section 3. The City Manager is hereby authorized to amend and extend the lease with Vertical Air LLC, in substantially the form as presented at this meeting 0i CITY OF SEWARD, ALASKA RESOLUTION 2022-001 Section 4. This resolution shall take effect 30 days from the date and posting of adoption or on the date of closing of the sale of the improvements on the lease site to Vertical Air LLC whichever is later. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of January, 2022. Ayes: Noes: Absent: Abstain: Attest: Brenda Ballou, City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Kea w a WX MM Small Boat Harbor Lot 5B Block 1 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. 14, 1317 Fourth Ave N Drawn By: Selena Soto 0 20 40 80 Feet Mapping Assistance by Alaska Map Company, LLC 33 After Recording Return to: ASSIGNMENT OF LEASE RE- L06-008 THIS AGREEMENT made and entered into between Juris Mindenbergs, Lessee, 4128 148th Avenue, NE, Redman, Washington 98052, hereinafter called "ASSIGNOR", andVertical Air, an Alaska Limited Liability Company, P.O. Box 2032 Seward, Alaska 99664 hereinafter called "ASSIGNEE", effective with the consent of the City of Seward, hereinafter referred to as "Landlord" (the date of signed consent being the "Effective Date"). WHEREAS, by Lease dated February 24, 2006 ("Lease") made between ASSIGNOR and LANDLORD, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, referenced by a recorded memorandum of lease recorded March 2, 2006 (under reception no. 2006-000309-0); Seward Recording District, Third Judicial District, State of Alaska, LANDLORD leases the premises, described as, Lot 5B, Block 1, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No.2000-19 in Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 4,250 square feet, more or less, to ASSIGNOR subject to the covenants, conditions and stipulations therein. WITNESSETH, that for valuable consideration paid by the ASSIGNEE to the ASSIGNOR, receipt whereof is hereby acknowledged, the ASSIGNOR assigns all of its right, title and interest in and to the Lease to ASSIGNEE as of the Effective Date. After the Effective Date ASSIGNOR shall have no further obligations under or liabilities arising from the Lease, except; 1) those arising from or related to circumstances prior to this assignment; and 2) those based on ASSIGNOR's duty to defend and indemnify the Landlord pursuant to Article 13 of the Lease. ASSIGNEE accepts the assignment and delegation and assumes and covenants during the continuance of said term to pay the rents reserved and toperform the covenants, conditions, and stipulations in said Lease, to be performed by theLessee under the Lease. ASSIGNOR agrees to indemnify, hold harmless and defend ASSIGNEE from and against any obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to the Lease that are attributable to the period of time prior to the Effective Date. ASSIGNEE agrees to indemnify, hold harmless and defend ASSIGNOR from and against 34 any obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to the Lease that are attributable to the period of time from and after the Effective Date. This Assignment shall be binding on and inure to the benefit of the ASSIGNOR and ASSIGNEE, their heirs, executors, administrators, successors in interest and assigns. This Assignment shall be governed by and construed in accordance with the laws of the State of Alaska. This Assignment may be executed in multiple counterparts, which together shall constitute one and the same agreement. Signatures to follow. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates indicated. ASSIGNOR: Juris Mindenbergs Juris Mindenbergs ASSIGNEE: Vertical Air, LLC Cliff Krug, Member Linda Chichester, Member Date Date 4868-4163-7383, v. 2 M1 STATE OF WASHINGTON ) )ss COUNTY OF KING ) THIS IS TO CERTIFY that on this day of , 2021, personally appeared before me the undersigned, a Notary Public in and for the State of Washington, to me known to be Juris Mindenbergs the individuals that executed the foregoing instrument and acknowledged tome the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned of the corporation and on oath stated that they are authorized to execute said instrument on behalf of the corporation. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Washington My Commission Expires: MI- STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2021, personally appeared before me the undersigned, a Notary Public in and for the State of Alaska, to me known to be Member Cliff Krug the individual that executed the foregoing instrument and acknowledged to me the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned of the Limited Liability Company and on oath stated that he is authorized to execute said instrument on behalf of the Limited Liability Company. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2021, personally appeared before me the undersigned, a Notary Public in and for the State of Alaska, to me known to be Member, Linda Chichester the individual that executed the foregoing instrument and acknowledged to me the saidinstrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned ofthe Limited Liability Company and on oath stated that he is authorized to execute said instrument on behalf of the Limited Liability Company . WITNESS my hand and notarial seal the day and year first hereinabove written. 4868-4163-7383, v. 2 Notary Public in and for Alaska My Commission Expires: 37 LEASE A,,ll'�';REEMENT en C�7Y JUR-11,SS "MINDENBERGS Effective Date: 38 TABLE OF CONTENTS ARTICLE 1- LEASED LAND.............................................................................................. 1 1 J Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title ................................................... 1 1.3 Survey of Leased Land ............................................................................................ 2 1.4 Property Accepted ............................... 1.5 Permits ...................................... ......... ....... .............................................................. 2 1.6 Platting ........... ......................................................................................................... 3 ARTICLE2 - LEASE TERM..................................................................................................... 3 2ALease Term.................................................................................................... .......... 3 2.2 Lease Subject to Referendum..................••-••....................._....••••••......•-----•----•--------- 3 2.3 Options to Extend.................................................................................................... 3 ARTICLE 3 - RENTAL RATE................................................................................................... 4 3.1 Initial Rental Rate ................................................. ..•-----•--••-•....--•----------•-----••----.----. 4 3.2 Rental Adjustments........................................................................................--•....••. 4 3.3 Procedure for Rental Adjustment............................................................................ 4 3.4 Effect of Late Appraisal by CITY ........... -................................................................ 5 3.5 Appraisal by LESSEE............................................................................................. 5 3.6 Effective Date of Adjusted Rental Rate ............... 3.7 Interim Rental Adjustments ..................................... :..............••.-----......................... 6 3.8 Late Payment Charge-------•---•--•------------•------------------------••-•----•....--•--••---.................. 6 ARTICLE 4 - USE OF LEASED LAND..----•-----------.•----••-----•---•.------•••---•....--------•..................... 6 4.1 Use of Leased Lund............................................................_.................................... 6 4.2 Obligations of LESSEE ........................................................................................... 6 4.3 No Preferential Rights to Use Public Facilities..................................................... 7 4.4 Adequacy (#'Public Facilities................................................................................. 7 4.5 Tariffs and Other Service Fees ............................... ....................... ......................... 7 4.6 Time, for Payment of Utilities and Taxes................................................................. 7 4.7 Other- Uses...............•--•-.••.......---.•---................................................................. 7 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS.......................................................... 8 5.1 Utilities................................................•..•••-•-...........................................................8 5.2 Third -Party Improvements .................. 5.3 Easements............................................................................................................... 9 ARTICLE 6 - CONSTRUCTION BY LESSEE......................................................................... 9 6.1 Improvements on Leased Land........................••--•-••--------.•------•....------•...........•--•--•. 9 6.2 City Review of Construction.................................................................................. 10 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS .................................... 11 7.1 Return of Leased Land in Original Condition...................................................... 11 7.2 Return of Leased Land in Different Condition..................................................... 11 ARTICLE 8 - FORCE MAJEURE........................................................................................... 11 LEASE AGREEMENT BE WFEN THE Cl`1'Y OF SEWARD AND JURTS MiNDENBERGS FEBRUARY 1006 -PAGE i - 39 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT ..... ............................................ I ......... I......... 11 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE .................................................. 12 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ....................... 14 11.1 Real Property Improvements................................................................................ 14 11.2 Personal Property ................................ ................................................................. 14 ARTICLE 12 - ASSIGNMENT OR SUBLEASE.................................................................... 14 12.1 Assignment of Lease or Subleasing ................................................ 15 12.2 Assignment of Lease for Securir x................................................... .... 15 12.3 Assignment to Affiliate ...........................•••............••_--.-----..----.------•-----.•-----.------....15 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 16 ARTICLE 15 - INSURANCE.................................................................................................... 16 15.1 Minimum Insurance Requirements ............... 15.2 Subrogation Rights Waived ................................................................................... 17 ARTICLE 16 - CONDEMNATION ......................................................................................... . 17 ARTICLE 17 - ARBITRATION.......................•------•--•------------••-.---------•.---------...............----...... 19 17.1 Arbitration ........................ .......................................---••---........-----•----------....---......19 ARTICLE 18 - MAINTENANCE AND REPAIRS................................................................. 20 18.1 Normal Maintenance ................ 18.2 Safety Issues . ............... ........................... ................. :............................................. 20 18.3 Cost of Repairs ...................................................................................................... 21 ARTICLE 19 - ENVIRONMENTAL CONCERNS---------------------------------------------------------------- 21 19.1 Hazardous Materials............................................................................................ 21 19.2 Permits and Reporting.......................................................................................... 23 ARTICLE 20 - ESTOPPEL CERTIFICATES........................................................................ 24 ARTICLE 21- CONDITIONS AND COVENANTS.............................................................. 24 ARTICLE 22 - NO WAIVER OF BREACH........................................................................... 24 ARTICLE 23 - TIME OF THE ESSENCE... ............................ ...................................... ARTICLE 24 - COMPUTATION OF TIME........................................................................... 25 ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 25 ARTICLE 26 - ENTIRE AGREEMENT..................................................................... ............ 25 ARTICLE 27 - GOVERNING LAW........................................................................................ 25 ARTICLE 28 - PARTIAL INVALIDITY ................................................................................. 25 ARTICLE 29 - RELATIONSHIP OF PARTIES.................................................................... 25 ARTICLE 30 - INTERPRETATION..................................................... ............. .......... ............ 26 ARTICLE 31- CAPTIONS....................................................................................................... 26 ARTICLE 32 - AMENDMENT... .............................................................................................. 26 ARTICLE33 - NOTICES.......................................................................................................... 26 ARTICLE 34 - FIRE PROTECTION....................................................................................... 27 LEASE AGREEMENT BFTWEEN THE CITY OF SEWARI] AND JURIS MINDE,NBERGS FE13RUAIZY 2006 -PAGF? ii - 40 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 Juris Mindenbergs (the "LESSEE"), whose mailing address is 4128 148"' Avenue NE, Redmond, Washington 98052. WHEREAS, LESSEE has indicated his desire to lease Lot 5B, Block I Seward Small Boat Harbor Suhdivi5iou. according to Plat 2000-19, Seward Recording District, Third Judicial District, State of Ala�i.a_ 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 present or future environmental regulations or controls with respect to LESSEE's operations on the Leased Land during the lease term. 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 DF s cription of Leased Lund. The Leased Land is located in the City of Seward, Alaska. The Lc�i,cd Land is described as follows: LAN 513, Block ] Seward Small Boat Harbor Subdivision, according to Plat 2000-19, Seward Recording District, Third Judicial District, State of Alaska, containing 4250 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Wa."-anty 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: a) LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full terra of this LEASE; LEASE AGREEMENT I31-TWEEN THE CrFY of SEWARD AND JURIS MINDENBERGS ITBRUARY 2006 -PAGE I - is b) CITY is unaware of any prior conflicting use of the Leased Land that would adversely affect LESSEE's intended use of the subject parcel. 1.3 Survey of Leased Land. If not completed prior to execution of this LEASE, within ninety (90) days from the date of this LEASE, LESSEE, at its sole cost, will cause the Leased Land to be surveyed and replatted by a land surveyor registered in the State of Alaska. A copy of the drawing and description of the Leased Land based upon this survey shall be attached to this LEASE as Exhibit B and shall be incorporated herein by reference. In such event, the description of the Leased Land in Exhibit B shall supersede the description in Exhibit A, and shall be considered the correct description of the Leased Land for all purposes under this LEASE. LESSEE shall provide CITY a copy of any and all surveys within ten (10) days of LESSEE's receipt of any and all surveys. CITY shall have the right to comment upon any and all surveys, but the exercise of this right shall not imply any oblj,.,a t Jon to do so or any obligation to do so in <i ny particular way. If CITY objects to the slu-v t: -"ti conclusions in the survey, CITY may gi � .: written notice to LESSEE of CITY's objection within thirty (30) days of receipt of the sun ,;y. CITY shall then engage a second land surveyor registered in the State of Alaska at CITY's expense to make a second survey of the Leased Land. CITY shall provide LESSEE a copy of the second survey within ten (.10) days of CITY's receipt of the second survey. Unless CITY and LESSEE agree which survey is acceptable, the acceptable survey shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 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 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 or Exhibit A hereto. 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 therefore 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, I -EASE AGKHEMENT BETWEEN THE CITY OF SEWARD AND SURIS MINDENBERGS FIBRUARY 2006 -PAGE 2 - ►y, ordinances, resolutions. or any regulation, rules or procedures of the City of Seward. Nothing in this Section iiiiposcs 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 prepared by LESSEE under Section 1.3 herein. 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 prep�inii ion and filing of the replat. LESSEE agrees to sign the plat and any other documents 10 complete the platting or replatting of any area Including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions. �.:asenients, 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. ARTICLE 2 - LEASE 'PERM 2.1 Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization Resolution No. 2006-8 (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for 30 years from the Effective Date, ending at midnight on -re_6,_Jq_; 2036. Except for extensions as provided in Section 2.3 below, this LEASE is not subject to renewal. 2.2 Lease Subject to Referendum. LESSEE understands and assumes the risk that under the Charter and Code of CITY this LEASE may be voided by referendum. LESSEE agrees that if the Resolution approving this LEASE is the subject of a referendum petition filed with the Clerk of CITY, LESSEE shall have no rights under this LEASE unless and until the Resolution is approved by the voters of the City of Seward, and LESSEE shall not be entitled to any damages or any other relief against CITY in the event the Resolution is not so approved. 2.3 Options to Extend. LESSEE shall have the right to extend the term of this LEASE for two (2) additional five (5) year periods (cumulative extensions not to exceed ten (10) years), provided that: a) LESSEE exercises any applicable option to extend at least one hundred and eighty LEASE AGREEMENT BETWFEN THE CITY OF SEWARD AND .IIIRIS MIN D NBERGS FEBRUARY 2006 -PAGE 3 - 43 (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 thereof 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, 2006, the annual rental rate for the Leased Land shall be set at Five Thousand Six Hundred Eighty dollars ($5,680.00). 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, 2010, 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 1,md unless that use is coincidentally the highest and best use of the Leased Land. C1T)' 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. 3.3 Procedure fbr 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 bef-oiv or sub,�egtww to this LEASE). The appraiser's report shall be delivered to LESSEE not loss than uinety (90) days before the Rental Adjustment Date- The appraiser's deter) nination 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 LEASE AGREEMENT BF."TWEEN THE CITY OF SEWARl7 AND ATRIs MINDENBERGS FEBRUARY 2006 -PACE: 4 - 44 with this Article 3. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from that determined by CfTY'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 arate 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 �)cfore 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 oh.1(cts to LESSEE'S appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its abjection 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 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. LEASE AGREEMENT BETWEEN THE CITY 01 SE WARD AND JUR1S MiNDGNBERGS FFBRUARY 2()06 -PAGF, 5 - 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, 2006, 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 CPI 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 ] c ).>(%' per annum, or the maximum rate permitted under Alaska law, whichever is less, p? �i,, 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 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. 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, LEASE AGREEMENT BETWEEN THE MY DP SHWARD AND .IURIS MINDENBERGS FEBRUARY 2006 -PAGE 6 - t 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 shall continue to operate a retail enterprise on the Leased Latid. Any changes to this site require CITY approval, through the City Manager, prior to additional construction. LESSEE's failure to obtain CITY approval of any changes to the site development plan or LESSEE's failure to install the improvements according to the site development plan shall be a LESSEE Act of Default under this LEASE. 4.3 No Pre er(,wial Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusi v e s i ,hts to use any public port facilities constructed or operated by CITY. LESSEE will be sui){Gct 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 Taxer. 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 tiiich obligations become delinquent; provided that 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 LEASE AGREEMENT BETWEEN THE CITY OF SEWARD AND JURIs MINDENBERGS FEBRUARY 2006 -PAGE 7 - 47 who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. iE f Yt17 OF ACCESS 5.1 Utilities. LESSEE, at LESSEI-:'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 willnormally he 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 sucl, >ver sizing shall be borne by CITY or other utility company. Such costs shall be l' inited to .he supplier's cost of the additional fittings, equipment, direct labor, and equiplv)C�I i- costs to complete the installation. The costs of over sizing 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 -Parry 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 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 matt (herein called "third -party improvements"), all of which are for the purpose of thw order r� development of the Leased Land as a commercial unit subject, however, to the l;'•.t(z_.ti that - LEASE AGREEMENT BETWEEN THE CITY OF SEWARD AND Jt=klS MINUl lfl;I'],Qi FEBRUARY 2(X)6 -PAGE S - 48 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 niltm r,� of a permanent nature extending* beyond the Lease Term shall not be granted V ithiAlt the prior written approval of CITY. In any of the foregoing Jnsi ance-,rc I'trred to in this Section, CITY shall be without expense therefore, and the cost and expense thercol 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. 53 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, howeN r-. that such easements and dedications and similar rights do not unreasonably interf?rc 1� iih LESSEE's operations. The c<lsts of locating or relocating any public easements or restrictions of record including any rt, I}cation 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. Airy 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 Leval. 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) LESSEE shall cause to be operated on the Leased Land a retail enterprise by June 1, 2006. b) The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. LEASE AGREE-MENr BETWL-1-N THE CrrY OF SFWARD AND .IUMS MJNDENBERGS FEBRUARY 2006 -PAGE 9 - 49 C The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. d) 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. e) 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 casements. 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. f) Any general contractor employed by LESSEE or its, sublessees 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 THOUSAN1) 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 Fit-TY THOUSAND DOLLARS ($50,000.00), 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. g) CITY may, pis conic inplated by Alaska Statutes, give notice of non -responsibility for any improveuierit,, constructed or effected by LESSEE on the Leased Land. h) 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 Constl-m-fion. 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 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 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 CEASE AGREF.MENI" BETWEEN THE GI"IY OF SEW ARD AND J URiS M1ND1,NBERGS FEBRUARY 2006 -PAGE 10 - 50 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 I Ll herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY M t31c ,ime 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. 7.2 Return of'Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this LEASE for any reason LESSEE may return the Leased Land in a re -contoured or graded clean, safe, and stable condition different from its original condition provided CITY grants written approval of LESSEE's plans for development of the Leased Land contours, including its plans for material extraction and final grade. ARTICLE S - 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, 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 teens "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 observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this LEASE for a period of thirty (30) days after written notice specifying ,tichfailure, requesting that it be remedied, and stating that it is a notice of default, has bec11 ,l ven 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 LEASE ACRE-EMENT BETWEEN THE MY OF SEWAR© AND JURIS MiNDENBERGS F EBRUARY 2006 -PAGE 11 - 6SI default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.3 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 orbankrupt, 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. 94 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. 9.5 Failure by LESSEE to operate a retail enterprise on the Leased Land and place the facilities in service by June 1, 2006. 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: L ASE AGREEMENT BETWEEN IHE crrY of SEWARD AND JURIS MINDENBERGS FGBRUARY 2006 -PAGE 12 - 6% 10.1 CITY may distain 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 distained 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 distain under Section 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. 1.0.3 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 from LESSEE an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE provided that if the CITY relets the Leased Land for the unexpired term of this LEASE, the CITY will refund such excess amounts, if any, after deducting all of the CITY's expenses in or in connection with reletting (including without Iinritation all repossession costs, brokerage commissions, legal expenses, administrative expenses, costs of advertising, and preparations for reletting) as such excess amounts are received by the CITY, but in no event shall the refund exceed the amount recovered from LESSEE; e) Recover all damages incurred by CITY by reason of LF.:`-,SEE's default or breach including, but not limited to, the cost of recovering possr ;ion of the Leased Land, expenses of reletting including costs of necessary rcno �!tion 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. LC�ASE AORHEMENr BETMZEN TI-I6i CITY OF SEWARD AND WRIS MINDENBERGS FFBRUARY 206 -PAGE 13 - 53 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 m iddition to every other right or remedy provided for in this LEASE or now or hereafter at law or in equity or by statute or other �� ise, and the exercise or beginning of the exci-cise 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 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 1 L I Real Property Improvements. All improvements constructed by LESSEE 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 UiASE AGUE,MENT BETWEEN THE CITY OF SEWARD AND IURIS MINDI-NBERGS FEBRUARY 2006 -PAGT: 14 - 54 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, 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 1.0 above so long as LESEE or Lender remains in possession of the Leased Land and satisfies LESSf-�E's obligations under the terms of this LEASE. Upon foreclosure or other asserti;)r, of its security interest, Lender may further assign, transfer, or dispose of its u-'erests, 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 Affiliate means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subjcct to the Alaska Corporation Code. LEASE AGREEMENT BETWEEN 'rife CTT'Y OF SEWARD AND JURIS MINDENBERGS F'EBRUARY 2006 -PAGE 15 - 61i 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 DEFENJ)/LNDEIVINIFY 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 LES SEE's sole cost and expense, comprehensive commercial general liability insurance 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 DO] LARS ($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 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 LEASE ACREEMENT BETWEEN THE CITY OF SEWARD AND JURIS MINDENBERGS FEBRUARY 2006 -PAGE, 16 - 611- 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 stanttrds in the industry. Such factors as changes in the type of or extent of use of the Lease Lanf.l, 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 Bf 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 bylaw, LESSEE hereby releases CTVY, 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 claiming through or Linder 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 - CONDENINAT ION 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 LEASE: AGREEMENT BiTWE :N THE MY OF SEWARD AND 7URIS MINDENBERGS FEBRUARY 2006 -PAGE. t7 - 57 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 1-cased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Lan(: will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writir- 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. LEASE AGREEMENT BETWEEN 'rHE CITY OF SEWARD AND JURIS MIINDENBERGS FEBRUARY 2006 PAGE 18 - 58 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 for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. sect.), as it now exists or may hereafter be amended from time to time, and judgment on the ,iv and may be entered in any Superior Court in the State of Alaska. Notwithst:Tntling the foregoing, arbitration shall not be applicable to claims or disputes involviii , ,i requested remedy having a value of more than Fifty Thousand Dollars and No/100s (S50,000) (exclusive of interest and costs). All demands for arbitration and all ans\� Bring 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 and No/100s ($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 and No/100s ($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 arbitrators obtained from the presiding Superior Court .fudge 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 include 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 LEASE AGRELMEN`r BETWEEN THE CITY of SEWARD AND 1URT5 MINDENBERGS FEBRUARY 2006 -PAGE 19 - 59 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 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 expciise, 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 CITYY'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, ilic 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 first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. 18.2 ,Sufei)- 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. LVAS! A{ M 1 AWN l BETWEEN THE CITY OF SEWARD AND JURIS MINDS NBERGS FEBRUARY 2006 -PAGE 20 - 60 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being ne:-,essary or advisable or reasonable to protect the public facilities on adjacent land, it may su'bri,;t 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 therefore. 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 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 there from, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. it R' 1 1 C LE 1.9 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Uai,-rials. 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 CITE. Any other provision of this LEASE to the contrary notwith- standing, 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. LEASE AGREEMENT BETWEEN THE CITY Or SEWARD AND 7URIs MfNDENBERGS FEBRUARY 2006 -PAGE 21 - 61 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 therefore, 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. 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 note it islanding, 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; in) Any lawsuit brought or threatened, settlement reached or government order LEASE AGREEMFNT BETWEEN THE MY of SEWARD AND JURIs MFNDENBERGS FEBRUARY 2006 FACIE 22 - 62 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 LESSI~E's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other persons. The provisions of this 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 t.ertnination 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 LEASE AGREEMENT BETWEEN THE CITY OF SEWARD AND JURIS MINDUNB RG5 FM- RUARY 2006 -PAGE 23 - 63 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 provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and 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 (lie amendment or amendments), that there are no defaults existing (or, if there is any claimed default. Mating the Mature 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 terra, covenant and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. LEASE AGREEMENTBETWEEN THE CITY OF SEWARD AND JURIS MfNDLNBJ-'1K(.;S FEBRUARY 2005 -PAGE 24. 64 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 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 Charter and 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. /:]� � [y Il_�►�f;1�7.�-Il /'_fib. �:`�'/�1i! I �II`� If any provi s 11 i f' his LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, th, ,-, r <m �:Jc r of the provisions shall remain in full force and effect and shall in no way be affected, l or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any thud 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_ LEASE AGRI"EM) NT BETWEEN THE CITY of SEWARD AND JUJUS MINDENBERGS FEBRUARY 2006 -PAGE 2-5 - 65 ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply consttlied 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 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: 1 uris Mindenbergs 4128 148`t' Avenue NE Redmond, Washington 98052 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. LEASE: AGREEMENT BETWEEN THE CITY of SEWARD ANDJURIS MJNDENBERGs F EBRUARY 2006 -PAGE 26 - 66 ARTICLE 34 - FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire 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' compliance with its obligation hereunder to arbitration not more frequently than once each five years. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: CITY OF SEWARD 64A C4 By: Clark Corbridge Its: City Manager Date: Z — / Q — d L ATTEST: L Je Lewis, M Cify Clerk T T Y1 Ed : r.�a tie �� •fie. t -n�_; �r r _ LESSEE: Juris.lindenber s Dat�/ -Z,` u I-FASE AGREEMENT BETWFF,N THE CITY OF SEWARD AND JURIS MINI}ENBERGS FEBRUARY 2006 -PAGE 27 - 67 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 10 fA day of Yt� 006, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appearrl Clark Corbridge, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year East hereinabove written. P (eSS otary Public in and for Alaska My Commission Expires:_�Ck`] STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this'` day of w k 2006, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Juris Mindenbergs, known to me and to nle known to be the individual named in and who executed the foregoing document for the uses and purposes therein set. forth. WITNESS my hand and notarial seal the day and year first hereinabove written. -VNbta Pulic in and for Klaska myt#ee *fission Expires: > -t/ �i te LL-ASF AGREFMENT BETW14ENT THE CrrY OF SEWARD AND JURIS MiNDENBERGS EEBRUARY 2006 -PAGE 28 - 68 LEASE EXTENSION AMENDMENT (RE-06-008) THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY," whose address is PO Box 167, Seward, Alaska 99664 and Vertical Air LLC., P.O. Box 2032 Seward, Alaska 99664, hereby agree that the lease agreement 06-008, dated February 24,2006, as amended, for Lot 513, Block 1, Seward Small Boat Harbor Subdivision, City of Seward, Alaska and recorded as Plat No. 2000-19 in the Seward Recording District, Third Judicial District, State of Alaska is hereby amended as follows: ARTICLE 2. LEASE TERM and OPTIONS TO EXTEND The term of this lease shall be extended for sixteen (16) years and shall terminate on February 24, 2052. LESSEE shall have the right to extend the term of this LEASE for Two additional Five year (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 37 of this LEASE. ARTICLE 4.1 USE OF LEASED LAND LESSEE shall continue to operate a retail shop throughout the term of the lease, and failure to do so constitutes a condition of default. In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties. Page 1 of 3 LESSOR: CITY OF SEWARD LESSEE: Janette Bower, City Manager Cliff Krug, Member Date: ATTEST: Brenda Ballou, City Clerk (City Seal) Linda Chichester, Member Page 2 of 3 70 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Janette Bower, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY PUBLIC IN AND FOR ALASKA My Commission Expires: STATE OF ALASKA) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Cliff Krug and Linda Chichester, known to me and to me known to be the individuals named in and who executed the foregoing document for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY PUBLIC IN AND FOR ALASKA My Commission Expires: Page 3 of 3 VA Lot f6 Alaska —-- — — — — — — La 4— Railroad ----------------- ---- --- -- ---------- I,Vrg • 1E, Fourth Avenue Lot Black 6 Detail 'B' MIER .1.1 Lod Y ------ ------------ ----- I ---------- ----------- ------------- ------- Detail 'A' Alaska -Railroad OF SjFV­R -- — — — — — Ile- S, P.,k A Block 6 i 15 14 '17 L Mavenue —A 9 — — — — — — — — — I i- - Jw Black 157 - far 4 e PILA7 R ED SE Third — D-F. b A KPB F14P No. 2000-166 ©a q Seward, I EGF6117 NOTES. SMU11 DOOt Harbor CERTIFICATE f OWNERSHIP NOTARY'S ACKNOWLEDGMENT . ............ and DEDICATION 1-1 ... ... . ... .......... LOT SB BLK I 72 k I FORESTS, TIDES TREASURES OUTDOOR GALLERY GIFTS December 11, 2021 Seward Harbor Master Norm Regis P4 Box 167 1300 4th Street Seward, AK 99664 Mr. Regis, We, Linda Chichester & Cliff Krug owners of Vertical Air LLC dba Forests Tides & Treasures, are reaching out to you about the Land Lease for 1317 41' Ave located in the Seward Harbor area, The Land Lease is being assigned to us by current owner, Juris Minderbergs, as we are purchasing the building from him. When the purchase is finalized in January of 2022, the current Land Lease will have 14 years remaining before expiring on 2/24/2036. The City Council also approved two 5-year extensions that could be utilized at the conclusion of the lease term as well. We respectfully request that our assigned Land Lease term be extended to a 30-year term from the date of our purchase expiring in 2052 and include two 5-year extensions as originally approved please. It has been our pleasure to work in Seward since 2015 and operate our own businesses since 2016. We have been active members of our Community and Chamber since arriving and look forward to continuing to serve our community members and its visitors year- round long into the fixture. Please let us know if you need any additional information or clarifications from us. We are better together always! >-Physical: E3 i 3 4th Ave C y Mail; PCB Box 2032 Seward, AK 99664 Linda Chichester- Owner >-C ForestsTidesandTreasures >907, 831. 1995 s infoC fttreasures.com CAfiKrug - r 73 Ordinance 2022-001 Documents: • Agenda Statement • Ordinance 2022-001 • Attachments: o P&Z Resolution 2021-025 74 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Planning & Zoning Commission Agenda Item: Ordinance 2022-001: Amending Portions of Seward City Code 15.10.140 Definitions, Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals Background and justification: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held eight (8) public work sessions specifically reviewing and amending Sections 15.10.140 Definitions and 15.10.226 Land Uses Allowed. August 17, 2021 the Commission and the City Council held a joint public work session to review each of the requested changes, and September 21, 2021 the Planning and Zoning Commission held another public work session to follow up on those suggested changes. On November 16, 2021 the Planning and Zoning Commission held another work session to further discuss changes to the definitions. The Commission has reviewed and discussed the Definitions and Land Uses Allowed sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during many of the work sessions. The Commission has provided many opportunities to address and accommodate all public concerns and input regarding the proposed changes. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Community Values — 2.2.8 City Government — continue to review and update the city code Goals, Objective, and Implementation Action Items — 3.7.1.3 — continue to improve the quality and efficiency of city governmental services Strategic Plan: Pg 5 — adjust local development relations, where appropriate, to encourage development that is consistent with our economic base vision Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: ✓ Has no fiscal impact Funds are (✓): 0 Budgeted Line item(s): Not Applicable NO 0 Not budgeted Finance Director Signature: Attorney Review-' I I Administration Recommendation RYes Not applicable e✓ Adopt Ordinance Other: rV Sponsored by: Planning and Zoning Commission Introduction: January 10, 2022 Public Hearing: January 24, 2022 Enactment: January 24, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 An Ordinance of the Seward City Council, Amending Portions of Seward City Code 15.10.140 Definitions, to Amend Definitions Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, since 2018 the Planning and Zoning Commission has been working on Dwelling, Housing and Lodging definitions; and WHEREAS, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021, 8/17/2021, 9/21/2021, and the 11/16/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, it is in the public interest to maintain a city code that reflects the international building and fire code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.140 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 15.10.140 Definitions. (a) General interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." 77 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." (b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: (1) Accessory bft4dJ-1+g structure. A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory bt structure shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory bt structure means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment) (2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. (3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. (4) Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. (5) Alteration. Any change, addition or modification in the construction, location or use of a building. (6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player -operated amusement devices. (7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. ( 4 V a t4m e*t See P.:.e4ipg) (8) Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily livinz and doing their own cookinz independently of any other individual or family in the same buildinz. a. Commercial buildinz apartment. An apartment located within a building desi,-ned to accommodate a mix of residential and commercial uses. L. Efficiency apartment (also called accessory apartment). A sin, -le separate dwellinz unit consistinz of not more than one habitable room which includes 78 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 combined kitchen, dinin,- and sleepin,- areas with accompanyin,- sanitary facilities, and which is located within or shares a common wall with a single- family dwelling. c. Owner or manager apartment. An apartment within a buildin'- that is desi'-ned to be used exclusively as the livinz quarters for the owner or mana'-er's family of that buildinz or a commercial business located in the buildinz. d. Studio apartment. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. (8) Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 10 " Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Hosted Lodging Unit) 11 Boarding house. a. An owner -occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dinin,- facilities are provided in the individual rooms. b. Meals may be re-ularly prepared and served for compensation at a table, family -style, without service or ordering of individual portions from a menu. c. The term includes lod,-in,- house or roomin,- house but does not include separate apartments with individual kitchen and bath facilities. 12 00) Big - .LA pub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. 13 " Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 14 {� Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. IS "Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. 16 (" Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right-of-way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of the building: a. The elevation of the highest adjoining sidewalk or ground surface within a five- foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or 79 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a., above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 17 "Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) 18 (4-6) Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 19 Business License. A permit issued by government agencies that allows individuals or companies to conduct business within the-overnment's-eozraphical iurisdiction. 20 "Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 21 (8) Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreational or vacation purposes. a. Campground, municipal. Campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. b. Campground, private camper parks. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. c. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 22 " Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. 23 (24) Camping unit. A tent or recreational vehicle. 24 (24) Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupants. Also called day care, nursery school, preschool and kindergarten. 25 (2-2) Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single- family residence not remodeled for public meetings shall not be considered a church. 26 (24) Clinic. A building or portion thereof containing offices and facilities for providing out -patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. 80 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 27 (24) Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 28 (2-S) Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (Commercial building apartment. See Dwelling Apartment) 29 (2-6) Commercial communications tower. A structure intended to support equipment used to transmit and/or receive communication signals including monopoles, guyed and lattice steel structures. This definition does not include a tower that supports only one or more amateur radio antennas. 30 (2-7} Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing Unit 31 (29) Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) 32 (24) Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 33 (38) Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 34 (� Dwelling. fn^r� Means any buildinz or portion thereof desi,-ned or arranzed to Provide year -around livinz for residential occupancy by not more than one family and includes facilities for sleeping, cookinz and sanitation. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. b. Apartment, commercial building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. c. Apartment, efficiency (also called accessory partment ). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single- family dwelling. 81 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. f. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. g Duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extendin;; from ;;round to roof or unpierced ceilin;; and floor extendin;; from exterior wall to exterior wall, except for a common stairwell exterior to both dwellin;; units. h. (.g) Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. i. (4) Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. L (�) Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. k. {}} Multiple-familyA building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. (Single-family, attached. see townhouse) 1. Single-family. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. m. {0 Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. n. (t*) Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. o. (i+) Unit, dwelling unit. , living, sleeping aeeemmoda4ions a*d a4 least ene bat4r-eefn a*d designed to be A single unit providin;; complete, independent livin;; facilities for one or more persons, includin;; permanent provisions for livin;;, sleepin;;, eating, cookin;;, and sanitation. p (e) Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. 82 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 35 02) Family.Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 36 (3-) Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 37 (34) Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 38 (3-5-) Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 39 (3-6) Fractions. In the determination of density, required parking spaces or other requirements of this Code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 40 (3-7) Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 41 (38) Greenhouse, commercial. A light -permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing Unit) (Guest house. See Dwelling) 42 Guest Room. A room used or intended to be used by one or more zuests for living or sleepinz purposes. 43 (3-94 Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing Unit 44 (44) Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 45 "Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 46 (424 Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 83 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 47 (43) Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (14ostel. See Lodging) tom i. --S,e-oee -g)per 48 Hostel. A building, or portion thereof, in which temporary or overnight lodging is Provided for hikers, cyclists or other travelers not generally travelinz by car. 49 Hosted lodging unit. a. An owner occupied sin -le -family residential dwellinz where the owner resides at the dwellinz unit while it is bein,- rented. b. A room or group of rooms in which sleepinz accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. C. A hosted lodzin,- is limited to a home occupation within an owner -occupied dwellinz which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. 50 Hotel. A facility with six or more guest rooms and on -premises management offerinz transient lodginz accommodations to the zeneral public on a daily rate where access to all sleepinz rooms is throu,-h a main entrance and which may Provide food, entertainment, meetin,- rooms, recreational facilities or various personal services. Includes lod,-es and inns. 51 Housing Unit. Structures providing housing for groups of people, such as students, employees or nursing home residents, a dormitory or a group o f cells with a common dayroom. a. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared and in which there are no individual cooking facilities. b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. C. DormitoryA building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long-term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex - convicts or other housing facilities serving as an alternative to incarceration. e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. 84 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 Such placement is pursuant to the authority of the Alaska Department of Corrections. f. Substance use disorder treatment facility. A licensed facility that provides a therapeutic, planned rezimen of substance use treatment and education services for persons in the early sta,-es of recovery from addiction, who require a safe and stable livinz environment in order to develop recovery skills. Services are provided on -site in a 24-hour live-in settinz, with 24-hour staffnz. Persons admitted to these facilities do not include people who pose a threat or danger to the public for violent or sexual misconduct. 52 Insurance Company. Any insurance anent and/or company through which a Licensee has obtained an insurance policy to protect the property bein'- used as a Short -Term Rental. 53 (4-!�) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 54 (46) Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 55 Listing. The profile of a property on a listing site or Online Travel Agency and -enerally includes a title, description, photos and pricinz. 56 Listing site. Also known as "Online Travel A,-ency (OTA)' . Third -party azents that list accommodations and advertise them throu'-h their own network. VRBO and Airbnb are examples of vacation rental listinz sites. 57 (47) Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs and other common household pets. 58 (49) Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. 59 (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. This tise 85 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 e. u ste! n bail ing, Of -41 1 !t e-e f in „hie tows,,,-or-ovemight lodging motel -A fac-i-1',t-y with six e-gtt str-ooms r,a o— . ses management personal ser,iees es a*d inns. withor- „th otA meals, to the motori p4lie on a daily r-a4e. Ine-ltiddesigHa4ieffs stieh as meter- ledges, at4e e eetti4s a*d similar- terms. 60 (� Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or d. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. L {}Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. 2. {}Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. 3. {Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. 4. {Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. 5. {Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 6. {} Lot, interior. A lot other than a corner lot. 7. {} Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. 8. {H} Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet MI CITY OF SEWARD, ALASKA ORDINANCE 2022-001 in length within the lot, parallel to and at the maximum distance from the front lot line. 9. fD Lot line, side. Lot boundary not a front lot line or a rear lot line. 10. {f} Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. 11. q) Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 61 { Lumbe ,. ard.An establishment that sells sawn timber and other building materials typically stored on the premises. 62 (5-2) Manufacturing heav . A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 63 (5-3-) Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 64 " Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. 65 (5-5-) Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1. Limited marijuana cultivation facility. -A limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. b. Marijuana product manufacturing facilit.-Marijuana product manufacturing facility means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. c. Marijuana testing facility. arijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. 87 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 66 (* Marijuana products. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. 67 (5-7) Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 68 (54) Mobile home park A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 69 (54) Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) 70 Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on -premises manager and parkinz conveniently located on the premises, which are designed primarily to offer sleepinz accommodations, with or without meals, to the motorinz public on a daily rate. Includes desi,-nations such as motor lodzes, auto courts, tourist courts and similar terms. (Multiple-family.See Dwelling) 71 Multistory Unit. A dwelling unit or sleeping unit with habitable space located on more than one story. 72 04) Nonconforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 73 (64-) Nonconforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 74 {62) Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 75 (" Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. 76 (" Open area. Open area is any portion of the lot not: a. Covered by a structure, or; b. Used for parking spaces and maneuvering. 77 C� Owner. AA ` individtial, fifm, synni^c& 9rt4ner-ship, eeTer-atfen, ^hiding toe ^ 4eFney ^agent t4er Any person, agent, operator, entity, firm or corporation havinz any le -al or equitable interest in the property; or recorded in 88 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 the official records of the state, borou'-h or municipality as holding an interest or title to the property; or otherwise havinz possession or control of the property, includinz the zuardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property bV a court. 78 (64) Park. Any public land available for recreational, educational, cultural or aesthetic use. 79 (" Parkin area. rea. A structure or an open area, other than a street, alley or other right- of-way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 80 (6-8-) Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 81 (" Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. 82 (� Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 83 (744 Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending, Street.) 84 (� Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 85 (7-3) Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 86 (74} Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 87 (7-5-) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. 88 (7-6) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. 89 (7-7) Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 89 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 90 (7-8) Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 91 (7-9) Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 92 (" Recycling collection point. An incidental use serving as a neighborhood drop- off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 93 " Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 94 Oq) Residence. A home, abode or place where an individual is actually living at a specific point in time. 95 OS3} Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 96 " Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to -consume state and whose principal method of operation includes one or both of the following characteristics: a. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b. A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. 97 (8-5) Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared, ready -to -eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry -out restaurants. 98 (8) Right-of-way.An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 99 (9-7) Salvage yard (auto wrecking, scrap, junk).Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 100 (9) School. Any public, religious or nonprofit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and twelfth grade. 90 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 101 0;4) School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 102 (" School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 103 0)4-) Setback. The required minimum distance from a right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 104 (9-2) Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (105) Short -Term Rental Permit. An official document issued by the City verifying that an individual has met all the requirements to le -ally operate a hosted lodVing unit or whole house nizhtly within City limits. 106 Short -Term Rental (STR). Furnished self-contained homes that are rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housinz rental market. 107 Short -Term Rental Transaction. A transaction whereby a Licensee accepts payment or any other remuneration from another person for lodging accommodations for a period of less than thirty (30) consecutive days. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 108 Sleeping Unit. A room or space in which people sleep, which can also include permanent provisions for living, eatinz, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwellinz unit are not sleepinz units. 109 (" Solid waste facility disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 110 {" Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. Containers, whether temporary or permanent, are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the industrial zone. (See Accessory Use/Building, Building, and Structure) b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. 05i CITY OF SEWARD, ALASKA ORDINANCE 2022-001 c. Self-service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. d. Warehouse and distribution. A building used primarily for the storage and/or distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 111 (9� Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 112 (96) Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retaining walls less than three feet in height, signs and similar improvements of a minor character are excluded. 113 (" Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 114 (94) Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires. 115 Townhouse. A building containing two or more dwelling units, each of which has Primary zround floor access to the outside and which are attached to each other by Party walls without openin-s. Also, commonly called single family attached, row house and zero -lot line. (SCC 15.10.235). 116 (s" Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 117 Transient. Occupancy of a dwelling unit or sleeping unit for not more than 30 days. 118 (-" Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two-family or du See Dwelling) (Unit, dwelling unit. See Dwelling) 119 (� Utility, public facilit.An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 120 (4" Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 121 k4" Vending. The sale of food, services or merchandise. a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general public. rya CITY OF SEWARD, ALASKA ORDINANCE 2022-001 b. Mobile vending cart. Is a non -motorized structure or unit on wheels that is easily moved and used for vending. c. Mobile vendor. A person or business that sells food or permitted types of goods from City -approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a motor vehicle. d. Pre -packaged food. Ready -to -eat food that is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. e. Roving vendor. A person who offers only pre -packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate exclusively from private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B. 95.) 122 (4" Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 123 {SAS) Water -dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water- borne transportation, recreation, energy, production or source of water. 124 {Q} Water -related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 125 Whole House Nightly. Non -Hosted lodging unit for which the owner (or authorized agent) is not required to reside at the residence unit. Describes a furnished self- contained dwellinz that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housinz rental market. Primarily used for accommodations or lodgin,- of muests payinz a fee or other compensation for a period of less than 30 consecutive days. 126 0" Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a. Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window 93 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. b. Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 127 (449) Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. Seward City Code Section 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 15.10.226 Land uses allowed. (a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter (See Table 15.10.226) (b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. Within residential districts, a hosted lodging unit is limited to a home occupation within an owner -occupied dwellinz which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, a hosted lodging unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. Within commercial districts as well as OR and R3, whole house nizhtly rentals are limited to the rental of not more than five west bedrooms. 94 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. 10 (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. 11 " Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (c) Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: (1) An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (2) Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the City Council. (3) The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. (4) No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. (5) A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or similar goods or firewood. (6) Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. (7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots. (8) Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. (9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. (10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. (11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 4 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (12) Any mobile vendor base station shall be properly licensed. (13) Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license / permit by the City Clerk. (14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (d) Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. (2) Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. (3) Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. (4) Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. (5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. (6) An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (7) The City police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. (8) In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate city zoning code. (9) Roving vendors shall comply with all traffic rules. (10) Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (11) Any roving vendor base station must be properly licensed. 41- CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (12) Roving vendors shall comply with City code, policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. (13) Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (e) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. (3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. (f) Reserved. (g) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). (2) Livestock fencing shall be no closer than five feet from a property line. (3) A City -approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. (4) A City -approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. 97 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. (h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. (2) Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. (3) In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use. (4) In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office - Business or Professional use. (5) In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. (6) In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use. (i) Camping is allowed subject to the following: (1) Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 8.15. (2) Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not occur earlier than April 15 and no later than September 30. (j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: (1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 150 days per calendar year, and may not open 98 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. (2) Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit and annual permit. (3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. (4) Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities may either be on -site in conformance with section 8.15.425(b), or provided on the job site of the employer. (5) The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. (k) Short-term rental as defined in subsection 15.10.140 (105) is allowed in accordance with table 15.10.226 of this chapter and subiect to the followinz conditions: 1. Short-term rental location. A short-term rental may only be offered in a space intended for human habitation. For example, a property owner may not rent a space in an accessory structure that is a storage shed or zaraze. 2. Short-term rentals in residential districts. Short-term rental facilities in or adiacent to residential districts shall not infrinze upon the ri,-ht of neighboring residents to reasonable peaceful occupancy of their homes. 3. Annual business license and annual permit required for each short-term rental. a. Short-term rental operators shall obtain a city business license, as required by Chapter 8.30. b. All short-term rentals shall receive an annual permit from January 1st to December 31st, for the physical address of each short-term rental location, under limited administrative review, documenting conformance with City Code and a,-reement to conform to all permits and licenses. The International Fire, Residential, and Buildinz Codes shall be applied at the time of permit for use. 4. Annual permit information. The property owner shall report to the city the followinz minimum information: a. The address of the short-term rental. b. Contact name(s) of the property owner. c. The total number of nig-his the short-term rental was occupied for transient accommodation or lodzinz with bed tax application. d. The Short -Term rental's maximum occupancy. e. Location of assi,-ned off-street parkin, if applicable. f. Documentation of annual fire safety inspection si,-ned by the Seward Fire Department. g. Twenty-four (24) hour contact information for the property owner or local representative. h. A copy of the official Emer,-ency Mana,-ement tsunami evacuation route map. 5. Application of health, fire safety, and buildinz codes. Short-term rental facilities shall meet all applicable health, fire safety, and buildinz codes. 99 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 a. New, converted, or annexed short-term rental facilities shall be inspected by the City of Seward prior to operations. 6. Number of available bedrooms verified. The number of available bedrooms shall be determined by the licensee and verified by fire marshal as part of the annual fire safety inspection. 7. Bed tax provisions. a. All bed tax (Chapter 5.45), sales (Chapter 5.35), provisions apply. b. The property owner shall both have le' -al responsibility for the collection of all applicable taxes and remittance of the collected tax. 8. Required fee. A $150 fee due at the time of new short-term rental application, which is separate from the required City ofSeward business license fee required by Chapter 8.30. a. Renewals will be accepted every October (reg-ardless of the orizinal date of application) for a fee of $100. b. If an owner wishes to discontinue short-term rental operation, no action is required as the license will automatically close when the renewal fee isn't paid. If after short-term rental (STR) is discontinued and the applicant wishes to restart short-term rental operation, the applicant is required to file a new short-term application. 9. Business license and short-term rental permit must be posted. The property owner must conspicuously post and maintain a copy of the property owner's business license and short-term rental permit inside the short-term rental. 10. Advertisement. Any advertisement of the short-term rental must contain the business license and short-term rental permit number issued by the City in the advertisement. 11. Short -Term Rental Insurance Requirements. a. A licensee shall inform his or her Insurance Company that the property covered by the Insurance Company will be used as a short-term rental before any short- term rental transaction is processed, re-ardless of whether the licensee obtains liability insurance for the short-term rental throu'-h that Insurance Company. The Licensee shall verify compliance with this notification requirement by executin,- and submittinz a form affidavit provided to the Community Development Department durin,- the application process. b. A licensee shall maintain liability insurance to cover use of the Short -Term Rental in an amount determined appropriate by the Insurance Company insurinz such Short- Term Rental, but in any case, no amount of less than one million dollars ($1,000,000) in the azzrezate. Such coverage shall be maintained in full force and effect for the term of the license. Alternatively, a Licensee may elect to conduct each Short -Term Rental Transaction throu,-h a Hostin,- Platform that provides equal or greater insurance coveraze for each Short -Term Rental Use, provided that the Licensee abides by the notification requirements. c. A licensee shall maintain an insurance policy as described in section 11 a & b. Failure to maintain an insurance policy as described in section 11 a & b shall 100 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 be cause for automatic suspension of the Short -Term Rental license until the coverage is reinstated. 12. Violation of the conditions of a permit may result in revocation of the short-term rental permit, in the discretion of the City and may result in a fine, up to $1000 in accordance with $ 1.05.010. a. Re-establishment shall be allowed administratively upon proof of compliance and remittance ofthe monetary penalty, and any other fees necessary for permit issuance. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 24th day of January, 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Amending Portions of Seward City Code 15.10.140 Definitions, Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held eight (8) public work sessions specifically reviewing and amending Sections 15.10.140 Definitions and 15.10.226 Land Uses Allowed. August 17, 2021 the Commission and the City Council held a joint public work session to review each of the requested changes, and September 21, 2021 the Planning and Zoning Commission held another public work session to follow up on those suggested changes. On November 16, 2021 the Planning and Zoning Commission held another work session to further discuss changes to the definitions. The Commission has reviewed and discussed the Definitions and Land Uses Allowed sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during many of the work sessions. The Commission has provided many opportunities to address and accommodate all public concerns and input regarding the proposed changes. Consistency Checklist: Yes No 1. Comprehensive Plan (2030) X 2.2.8 City Government • Continue to review and update the city code. 3.7.1.3 Continue to improve the quality and efficiency of city governmental services NA `0VA Planning and Zoning Agenda Statement 2. Strategic Plan (1999) X Goals and Objectives • "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" pg 5 RECOMMENDATION: The Commission approve Resolution 2021-025, Recommending the City Council Amend Portions of Seward City Code 15.10.140 Definitions, Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short - Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals im Sponsored By: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-025 A Resolution of the Planning and Zoning Commission of the City of Seward, Recommending the City Council Amend Portions of Seward City Code 15.10.140 Definitions, Related to: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit, Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse, Transient, and Whole House Nightly, and Enacting Language in 15.10.226 K Pertaining to Short -Term Rentals WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, since 2018 the Planning and Zoning Commission has been working on updating the Dwelling, Housing and Lodging definitions; and WHEREAS, the 05/19/2020, 10/20/2020, 12/15/2020, 1/19/2021 5/4/2021, 7/6/2021, 8/17/2021, 9/21/2021, and the 11/16/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, it is in the public interest to maintain a city code that reflects the international building and fire code. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2021-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. 04 Seward Planning and Zoning Commission Resolution No. 2021-025 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of December 2021. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk THE CITY OF SEWARD, ALASKA Tom Swann, Vice Chair (City Seal) EXA. Ordinance 2022-002 Documents: • Agenda Statement • Ordinance 2022-002 • Attachments: o Planning and Zoning Commission Agenda Statement and Resolution `11r City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Planning & Zoning Commission Agenda Item: Ordinance 2022-002: Amending Seward City Code 15.10.140 Definitions, M Manufacturing Light and Amending 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit Background and justification: On February 22, 2021, City Council passed a motion to Direct the Planning & Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in Central Business District.' On March 2, 2021, that directive was presented to the Planning and Zoning Commission by Jackie Wilde. On May 4, 2021, the Planning and Zoning Commission added the topic "Review the land use table in conjunction with light and heavy manufacturing definitions," to the work session topic scheduled for May 20, 2021. On May 20, 2021, Council member Liz DeMoss spoke as the council liaison to the Planning and Zoning Commission stating that one of the downtown businesses wished to do cannabis extraction. Currently, manufacturing was not allowed in the Central Business District, although some small manufacturers were operating, such as jewelry -making and candy -making. Chair Cindy Ecklund stated that they would review manufacturing in conjunction with the Land Use Allowed table in upcoming work sessions. On November 16, 2021, the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to the Land Use Table to allow Light Manufacturing in the Central Business District. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Community Values — 2.2.8 City Government — continue to review and update the city code. Goals, Objectives, and Implementation Action Items — continue to improve the quality and efficiency of city governmental services Strategic Plan: Page 5 — adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision. Other: Certification of Funds Total amount of funds listed in this legislation: $ 0.00 This legislation (✓): 0 Creates revenue in the amount of `r1rA Creates expenditure in amount of: Creates a savings in the amount of: ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Finance Director Signature: Attorney Review✓ Administration Recommendation RV Yes ✓ Adopt Ordinance Not applicable Other: INE:? Sponsored by: Planning and Zoning Commission Introduction: January 10, 2022 Public Hearing: January 24, 2022 Enactment: January 24, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-002 An Ordinance of the Seward City Council, Amending Seward City Code 15.10.140 Definitions, M Manufacturing Light and Amending 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit WHEREAS, the City Council passed a motion on February 22, 2021, to direct the Planning and Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in the Central Business District; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021, to discuss allowing Light Manufacturing in a Central Business District; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Sub section 15.10.140 M is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 15.10.140 Definitions. (53) Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts that, because of the nature of its equipment, operations, processes, materials, and products, has little or no potential of creatinz noise, vibration, dust, smoke, fumes, odor, Aare, or other environmental impacts on surrounding properties or uses. ,inelcnxmng preeessi g,r , fabFieation, assembly, tzeatr'"rrent, packaging Section 2. Seward City Code Section Table 15.10.226 is hereby amended to read as follows: (new language is in bolded italics and underlined and deleted language is stricken): 15.10.226 Land Uses Allowed Table. Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited 109 CITY OF SEWARD, ALASKA ORDINANCE 2022-002 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory building O O O O O O 1 O O 1 O O O O O Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel insurance, title, real estate, etc. O O O O O Agriculture O Airport and related services O C Amusement or recreationfacility O O O Animal shelter O C C Antenna, personal TV, satellite dish O O O O O O O O O O O O Art gallery O O O O O Assemblages, temporary large,i.e., circus, fair P P P P P P P Attraction, permanent major visitor C C C C C Auditorium O O O Auto repair, i.e., mechanic, glass body, upholstery C O Auto service/gas station O O O AntO/RV sales and rentals O O O Boat sales O O O Boat, commercial building/fabrication O O Boat, harbor/marina C C C C C Boat, repair and maintenance O O O C Boat, storage commercial O O O C Bulk material, i.e., concrete,gravel, sand, asphalt C C Business, marine retail sales and service O O O O C Business, package liquor O O O Business, retail sales and service O O O O Business, retail sales andservice, industrial O Campground, municipal C/P UP UP UP Campground, camper parkprivate C/P C/P C/P Campground, employee UP Car/boat wash O O O Cemetery O C O Center, community/civic O O C C Center, mariner's O O O O Center, senior or teen C C C O O C C Child care, licensed center C C O O O C Child care, licensed home O O O 1 O O O O O O Church C C C C C C O O O O Clinic, medical O O O O O Clubs, fratemal/lodge s/social/veterans C O O C Cluster subdivision C I C I C Commercial communications tower less than 16 feet diameter or 75 feet in height C C C C C C MA CITY OF SEWARD, ALASKA ORDINANCE 2022-002 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Commercial communications tower 16 feet diameter or greater than 75 feet in height C C C Correctional/prison facility C C C C Crematory O Docks/wharves, industrial cargo O O C C Dock, passenger O O O C O Drinking establishment, i.e.,bar, nightclub, lounge C C C Drive-in facility —Fast food,banking, etc. C C C C C Dwelling, apartment in a commercial building (limited to one unit) O O O O O C Dwelling, apartment in a commercial building (two or more units) O O C C Dwelling, apartment, efficiency or accessory O O O O O O O Dwelling, apartment, studio C C C C C C Dwelling, attached single-family, i.e., townhouse, row C C C C C C C Dwelling, condominium C C C C C C C Dwelling, detached single-family O O O O O O O C C Dwelling, group home O O O O O O C Dwelling, guest house O O C Dwelling, multi -family (3 or more units) C C C C C C C Dwelling, two-family or duplex O O O O O C C Dwelling, watchman or caretaker O C Emergency services, pub/vol;i.e., fire, ambulance, rescue C C C C C C O C O O C O Financial institution, i.e., bank S&L C O O Flea market, open air retailother than occasional C C C Fuels, bulk storage and sales C Golf course O O C Golf driving range O O 1 O O C Greenhouse/nursery—Commercial O O O Grocery, convenience store C C C O O O O Grocery, supermarket, food mart O O Health club C C O O O Home occupation O O O O O O O O O O Hospital C C House rental on a nightly basis P P P P P P Housing, bunkhouse C C C Housing, dormitory O O Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning O 1 C 1 O 1 O sr CITY OF SEWARD, ALASKA ORDINANCE 2022-002 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Library O O O O Livestock, excluding chickens and rabbits P P Livestock, chickens and rabbits P P P P P P P P P Lodging, B&B, rooms, duplex and accessory apartment H/P H/P H/P H/P H/P O/P O/P O/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lod e,inn C O C C Lodging, multifamily dwelling apartment P P P P P P P Lumberyard/building supply C O C Manufacturing —noxious, heavy C Manufacturing, light fabrication, assembly C C O Merchant, transient O O O O Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales O O Mobile medical unit O O O Mobile vendor P P P P P P P P P P P Mortuary/funeral home O O O Museum C O O O O O Office, boat charter, guide O O O O O C Office, business or professional O O O O O Office, govemment/quasi- government administration O O O O O O O Office, mobile/temporary on construction site P P P P P P P P P P P P P Office, home, professional O O O O O Parking lot C C O O O O O O O O Personal services, i.e., beauty,shoe, tailor O O O O Planned unit development C C C C C C Playground, public tot lot O O O O O O O O O O O Railroad C C C C Recreation, commercial indoor,i.e., bowling, skating O O O C Recreation, outdoor, i.e.,miniature golf O C C C Recreation, shooting range C C C Recycling center C C O C Recycling, self-service drop-off point O O O O O O O O Repair service, i.e., large appliance C C O Resource extraction, commercial subsurface, i.e.,mining C C C Resource extraction, commercial surface, i.e., gravel C C C Resource extraction, commercial timber harvesting C C Restaurant, food service,catering, brew pub O O O O O C Rooming or boarding house O/P O/P O/P O/P Roving Vendor P P P P P P P -P-H P I P CITY OF SEWARD, ALASKA ORDINANCE 2022-002 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Salvage —auto, wrecking, scrap, junkyard C Sawmill or lumbermill C C School, college C C C School, public/private elementary/secondary C C C C C C C C C School, vocational C O O C O C Seafood processing, i.e.,canning, rendering C C C C Shop, i.e., welding, sheet metal, machine, steel fab. C C O Shop, i.e., wood, signs, cabinet, upholstery C C O C O Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container P P P P O P Storage, explosives P Storage, outdoor, yard, material/e ui ment C O O C Storage, self service O O O O Storage, warehouse and distribution O O O C C Studio, radio/television C O O O O C Tanks, above ground associated with service station C C O Taxidermy O O O O O Terminal, i.e., bus, truck, freight O C O C Terminal, marine/boat passenger O C O O C Theater, concert, movie O O Tool/equipment rental O O Temporary structure P P P P P P P P P P Utility facility, public electric,water, sewer, etc. C C C C C C O O O O O O Vehicle impound lot O O Vending machine repair,storage O O C Veterinary hospital C C C Wind Energy Conversion Systems (WECS) O O O O O O O O O O O O O Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 24th day of January, 2022. imp.] P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Amending Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit BACKGROUND & JUSTIFICATION: On February 22, 2021, City Council passed a motion to `Direct the Planning & Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in Central Business District.' On March 2, 2021, that directive was presented to the Planning and Zoning Commission by Jackie Wilde. On May 4, 2021, the Planning and Zoning Commission added the topic "Review the land use table in conjunction with light and heavy manufacturing definitions," to the work session topic scheduled for May 20, 2021. On May 20, 2021, Council member Liz DeMoss spoke as the council liaison to the Planning and Zoning Commission stating that one of the downtown businesses wished to do cannabis extraction. Currently, manufacturing was not allowed in the Central Business District, although some small manufacturers were operating, such as jewelry -making and candy -making. Chair Cindy Ecklund stated that they would review manufacturing in conjunction with the Land Use Allowed table in upcoming work sessions. On November 16, 2021, the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to the Land Use Table to allow Light Manufacturing in the Central Business District. Consistency Checklist: 1. Comprehensive Plan (2030) Yes No NA X 1(DO Planning and Zoning Agenda Statement 2.2.8 City Government • Continue to review and update the city code. 3.7.1.3 Continue to improve the quality and efficiency of city governmental services 2. Strategic Plan (1999) X Goals and Objectives • "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" pg 5 RECOMMENDATION: The Commission approve Resolution 2021-031, Recommending the City Council Amend Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit 105 Sponsored By: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-031 A Resolution of the Planning and Zoning Commission of the City of Seward, Recommending the City Council Amend Portions of Seward City Code; 15.10.140 Definitions, to Amend the Definition for Light Manufacturing, and to Amend 15.10.226 Land Uses Allowed Table; Allowing Light Manufacturing in a Central Business District with a Conditional Use Permit WHEREAS, the City Council passed a motion on February 22, 2021 to direct the Planning and Zoning Commission to review making a change to the Land Use Table to allow Light Manufacturing in the Central Business District; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss allowing Light Manufacturing in a Central Business District; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2022-XXX attached and incorporated herein by reference, 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 7th day of December 2021. THE CITY OF SEWARD, ALASKA Tom Swann, Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Ordinance 2022-003 Documents: • Agenda Statement • Ordinance 2022-003 • Attachments: o Planning Commission Agenda Statement and Resolution "I, City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Planning & Zoning Commission Agenda Item: Ordinance 2022-003: Amending Seward City Code 15.10.226 Land Uses Allowed, (J) Employee Campgrounds Background and justification: On November 2, 2021, the Planning and Zoning Commission reviewed a Conditional Use Permit application for an Employee Campground. After discussing the application and hearing comments from the public, the Planning and Zoning Commission decided to postpone the application and schedule a work session where they could discuss in more depth the City Code for Employee Campgrounds. On November 16, 2021, the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds to extend the duration of the operating time frame, to change what is defined as a camping unit in an employee campground, and to clarify the requirements for sanitary and shower facilities. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Community Values — 2.2.8 City Government — continue to review and update the city code. Goals, Objectives, and Implementation Action Items — continue to improve the quality and efficiency of city governmental services Strategic Plan: Page 5 — adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision. Other: Certification of Funds Total amount of funds listed in this legislation: $ 0.00 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Finance Director Signature: �h4 "[: Attorney Review-' I I Administration Recommendation RYes Not applicable e✓ Adopt Ordinance Other: "R Sponsored by: Planning and Zoning Commission Introduction Date: January 10, 2022 Public Hearing Date: January 24, 2022 Enactment: January 24, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-003 An Ordinance of the Seward City Council, Amending Seward City Code 15.10.226 Land Uses Allowed, (J) Employee Campground WHEREAS, the Planning and Zoning Commission postponed a Conditional Use Application for an Employee Campground to hold a public work session to receive more public input and to review Employee Campgrounds in City Code; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss amending 15.10.226 Land Uses Allowed, J Employee Campgrounds; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10.226 J is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 15.10.226 Land Uses Allowed. (a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter (See Table 15.10.226) (b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. 120 CITY OF SEWARD, ALASKA ORDINANCE 2022-003 (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (c) Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: (1) An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (2) Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the City Council. (3) The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. (4) No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. (5) A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or similar goods or firewood. (6) Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. (7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots. (8) Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. (9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. (10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. (11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, ` 1A CITY OF SEWARD, ALASKA ORDINANCE 2022-003 vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (12) Any mobile vendor base station shall be properly licensed. (13) Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license / permit by the City Clerk. (14) Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (d) Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. (2) Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. (3) Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. (4) Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. (5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. (6) An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. (7) The City police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. (8) In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate city zoning code. (9) Roving vendors shall comply with all traffic rules. (10) Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. (11) Any roving vendor base station must be properly licensed. Mot CITY OF SEWARD, ALASKA ORDINANCE 2022-003 (12) Roving vendors shall comply with City code, policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. (13) Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. (e) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. (3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. (f) Reserved. (g) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). (2) Livestock fencing shall be no closer than five feet from a property line. (3) A City -approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. (4) A City -approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. 123 CITY OF SEWARD, ALASKA ORDINANCE 2022-003 (h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: (1) The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. (2) Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school, recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. (3) In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use. (4) In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office - Business or Professional use. (5) In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. (6) In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use. (i) Camping is allowed subject to the following: (1) Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 8.15. (2) Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not occur earlier than April 15th and no later than September 30th (j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: (1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 4-58 180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by 124 CITY OF SEWARD, ALASKA ORDINANCE 2022-003 resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. (2) Camping units as described in 15.10.140 are not permitted. For the purposes of this section, a campinz unit is described as a modified camping Connex, providinz living facilities for one or more persons. (3) Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit and amitial ro.mit (3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. (4) Sanitary facilities shall be provided and include either permanent or portable toilets on - site. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall be provided and may either be on -site in conformance with section 8.15.425(b), or provided on the job site of the employer. (5) The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 101h day of January 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor MI P&Z Agenda Statement Meeting Date: December 7, 2021 Through: Jason Bickling, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Amending Portions of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds BACKGROUND & JUSTIFICATION: On November 2, 2021 the Planning and Zoning Commission reviewed a Conditional Use Permit application for an Employee Campground. After discussing the application and hearing comments from the public, the Planning and Zoning Commission decided to postpone the application and schedule a work session where they could discuss in more depth the City Code for Employee Campgrounds. On November 16, 2021 the Planning and Zoning Commission held a public work session in which they received public input and discussed making a change to Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds to extend the duration of the operating time frame, to change what is defined as a camping unit in an employee campground, and to clarify the requirements for sanitary and shower facilities. Consistency Checklist: Yes No NA 1. Comprehensive Plan (2030) X 2.2.8 City Government • Continue to review and update the city code. 3.7.1.3 Continue to improve the quality and efficiency of city governmental services 2. Strategic Plan (1999) Goals and Objectives X • "Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision" pg 5 Ms Planning and Zoning Agenda Statement RECOMMENDATION: The Commission approve Resolution 2021-030, Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds MY Sponsored By: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-030 A Resolution of the Planning and Zoning Commission of the City of Seward, Recommending the City Council Amend Portions of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campground WHEREAS, the Planning and Zoning Commission postponed a Conditional Use Application for an Employee Campground to hold a public work session to receive more public input and to review Employee Campgrounds in City Code; and WHEREAS, the Planning and Zoning Commission held a public work session on November 16, 2021 to discuss amending 15.10.226 Land Uses Allowed, J Employee Campgrounds; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote community and economic growth. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2022-XXX attached and incorporated herein by reference, 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 7th day of December 2021. AYES: NOES: ABSENT: ABSTAIN: VACANT: THE CITY OF SEWARD, ALASKA Tom Swann, Vice Chair MA Resolution 2022-002 Documents: • Agenda Statement • Resolution 2022-002 `FIA City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council Through: Janette Bower, City Manager From: Sam Hickok, Acting Finance Director Agenda Item: Resolution 2022-002: Adopting an Alternative Allocation Method for the FY2022 Shared Fisheries Business Tax Program, and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program Background and justification: The City of Seward is required to apply to the State of Alaska Department of Community and Economic Development (DCED) each year, to qualify for funding under the State's Shared Fisheries Business Tax Program and the State Landing Tax Allocation. The purpose of the program is to provide for a sharing of state fish tax collected outside municipal boundaries, with municipalities that have been affected by fishing industry activities. This program is different from the state fish tax sharing program which shares fish tax revenues collected inside municipal boundaries. This is the 29th year of this program, and municipalities across the state will share tax revenues from 2020 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that funding be allocated first to fisheries management areas across the state based on the level of fish and shellfish processed in each area, compared to the total fish and shellfish processed for the whole state. Then, funds are allocated among the municipalities located within each fisheries management area, based on the relative level of impacts experienced by each municipality. Seward is located in the Cook Inlet Fisheries Management Area, which includes twelve communities: Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Soldotna, Seward, Matsu Borough, Houston, Palmer and Wasilla. The final deadline for submitting application for the FY2022 Shared Fisheries Business Tax and Landing Tax Program is February 15, 2022. The long -form application provides for a "standard" and an "alternative" method of funding allocation. The City of Seward will file under the alternative method. Standard Method: Under this method, each municipality must determine and document the cost of fisheries business impacts experienced by the community in 2020. Once the impacts have been established for each of the municipalities, the DCED will calculate the allocation for each municipality using the following formula: One-half of the available funding is divided among participating municipalities on the basis of the relative dollar amount of impact in each community. The other half of the available funding is divided among municipalities based on the relative dollar amount of impact per capita in each community. `Ki6, Alternative Method: Alternative allocation methods may be proposed by the municipalities within the area. DCED will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing industry on the respective municipalities in the area. The short -form method allocates the available funds by sharing 50% of the funds equally among the participating municipalities and allocating the remaining 50% on a per -capita basis. The information required by the long -form application would be difficult and time-consuming to obtain. Therefore, it is proposed that municipalities in our area use the alternative method and that we further agree that the allocation method be the same method used in the short form allocation. Given the small amount of additional funding that the City might gain by utilizing the standard method, compared to the additional time required to complete the application, it is our recommendation that the city of Seward agree to use the alternative method and agree that 50% of the funds will be allocated equally among the participating municipalities, and the remaining 50% allocated on a per -capita basis. This will be the eighteenth consecutive year of using this method. Using this same allocation method, Seward expects to receive approximately $19.35 in Shared Fisheries Business Tax Allocation, a decrease from FY2021 allocation of $350.17. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 19.35 -Shared Fisheries Business Tax Allocation This legislation (✓): ✓ Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable 19.35 - Shared Fisheries Business Tax Allocation Finance Director Signature: f 4 Attorney Review-' Administration Recommendation Yes ✓ Adopt Resolution ✓ Not applicable Other: `K11 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-002 A Resolution of the City Council of the City of Seward, Alaska, Adopting an Alternative Allocation Method for the FY2022 Shared Fisheries Business Tax Program, and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY2020 Shared Fisheries Business Tax Program ("Program"), the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality experienced significant effects during calendar year 2020 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, the Program provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Seward, Alaska proposes to use an alternative allocation method for allocating FY2022 funding available within the FMA 14: Cook Inlet Fisheries Management Area, in agreement with all other municipalities in the area participating in the FY2021 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council certifies that the City of Seward did experience significant effects during calendar year 2020 from fisheries business activities that occurred within the Cook Inlet fisheries management area, and seeks to apply for funding under the FY2022 Shared Fisheries Business Tax Program. Section 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent (50%) divided equally and fifty percent (50%) divided on a per capita basis. fBy, CITY OF SEWARD, ALASKA RESOLUTION 2021-002 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of January 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 133 Resolution 2022-003 Documents: • Agenda Statement • Resolution 2022-003 • Attachments: o Task Order Feasibility Study o Process Narrative o Borough Parcel Report o Sectional Map 134 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Resolution 2021-003: Authorizing the City Manager to Execute Task Order R&M No.21-00 with R&M Consultants for the Development of the "SMIC Bench" in the amount not to exceed $123,395 and Appropriating Funds Background and justification: With the affordable, year-round housing shortage that currently exists, the City needs to make every effort to provide opportunities to create additional space for housing development to not only meet our current need but also to remove barriers for future economic development. The property located on the "bench" to the north of SMIC at 700 Nash Rd. (Legal Description: T IS R 1E & 1W SEC 7 8 17 18 12 & 13 SEWARD MERIDIAN SW 0980004 FOURTH OF DULY CREEK SUB NO 2 TRACT G EXCLUDING LOT G-1 ANDERSON REPLAT SW 2001009) The area to be looked at for possible housing is approximately 800 acres. (See the attached maps) The Task Order would generate information on what land could be developed and concepts around access, utilities, possible neighborhoods, etc. According to the most recently presented tsunami inundation maps, this would be an area that could be used as an evacuation zone as well. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2 Land Use, 3.2.1 Propose residential and commercial development, 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulation, 3.3 Housing, 3.3.1 Encourage Development of New Housing in Seward, 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 122,395 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 123,395 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): 0 Budgeted Line item(s): IFGR xeNot budgeted Not applicable Finance Director Signature: 14 Attorney Review✓ I I Administration Recommendation RYes Not applicable xeAdopt Resolution Other: ` 19, Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-003 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Execute Task Order R&M No.21-00 with R&M Consultants for the Development of the SMIC Bench in the Amount not to Exceed $123,395 and Appropriating Funds WHEREAS, The City of Seward needs affordable, year-round housing for its current and future residents; and WHEREAS, it is in the Comprehensive Plan to develop City owned land to meet the housing needs; and WHEREAS, the housing shortage is a major barrier to further economic development for the City; and WHEREAS, the city property currently existing as the "SMIC Bench' could be utilized for a significant additional housing opportunity; and WHEREAS, having different possible concepts produced would create a well- rounded decision -making process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to execute task order R&M No.21-00 with R&M Consultants for the Conceptual Exploration of the SMIC Bench Area located at 700 Nash Rd. (. (Legal Description: T 1S R lE & 1W SEC 7 8 17 18 12 & 13 SEWARD MERIDIAN SW 0980004 FOURTH OF JULY CREEK SUB NO 2 TRACT G EXCLUDING LOT G-1 ANDERSON REPLAT SW 2001009) Section 2. Funding in the amount of $123,395 is hereby appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1122- 7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of January 2022. 137 i4 Kenai Peninsula Borough GIs Division _ PARCEL REPORT 11/18/2021 2:16 PARCEL ID: 14532003 Total Acreage: 1,828.50 LEGAL DESCRIPTION: T 1S R 1E & 1W SEC 7 8 17 18 12 & 13 SEWARD MERIDIAN SW 0980004 FOURTH OF JULY CREEK SUB NO 2 TRACT G EXCLUDING LOT G-1 ANDERSON REPLAT SW 2001009 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 700 NASH RD LAND VALUE: $4,408,900 ASSESSED VALUE: $4,408,900 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $0 BUILDINGS ON THIS PARCEL: Building Type Square Footage Year Built OWNERS: Name: SEWARD CITY OF Address: PO BOX 167 SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data 40 played herein. Original source documents should be consulted for accuracy verification. :. • �r rY, 1 Area: 833.34 ac Q (, y Per imeter: 26,299.55 ft a • '. YAW f� ON 41 Ic Y _ +\ t` r MAL lip r j' R&M CONSULTANTS, INC. 212E oatgtreet#ISO-Fairb°nkeAK90 07..45z5270 This narrative explains in more detail the various components of a typical subdivision design process within the Municipality of Anchorage. There are many variables within the process that can add or shorten the time required to complete the process, and a good portion of the variables are not foreseeable. The process itself is meant to ferret out issues that may impact the project, and the hope is to find these early enough in the process that large amounts of time and money have not been expended. Feasibility Study — 2 weeks, excluding review and meetings The feasibility effort consists of gathering as much publicly available information about the parcel as possible. This information includes topography, hazard zones, and wetlands and streams that may impact development and road and lot configurations. A very preliminary subdivision design is also completed that includes locations of road rights of way, that can be used to assess potential profitability of the project. The study does not produce final documents, but is a due -diligence effort to determine if the project is viable. Subdivision Design — 30 days, depending on review and meetings If the project appears to have merit, a more substantive effort begins that includes meeting with local planners and developers. The local design development and subdivision code is used to develop a final subdivision design that meets local requirements and the goals of the developer. This stage may include the actual boundary survey if the client is prepared for those costs. The benefit of performing the boundary survey during this phase is that the design can be completed with actual corner locations rather than using a record boundary that will need to be updated later. Field Survey — 2 weeks, depending on site conditions The field survey includes a boundary survey and a survey of existing features that will affect the final subdivision design. These items may include wetlands, streams, larger water bodies, and existing structures. Wetlands, in particular, can have a profound effect on the design of a subdivision. Subdivision Review Process with the local platting authority — timeline is variable The proposed subdivision is reviewed by the local platting authority as a preliminary plat. Within the Municipality of Anchorage (MOA), this process requires review by 45 different departments and agencies, including the local utility companies. It also requires a community council meeting to present the plat, and a platting board public hearing. Comments are gathered during the review process and summarized in the final conditions of approval. Within the MOA, if a new subdivision requires the construction of roads and utilities, one of the conditions of approval will be to enter into a subdivision agreement with the MOA. Subdivision Agreement — 42 days, depending on MOA review time The subdivision agreement is a document, signed by the developer and the MOA, that binds the developer to meet certain conditions during the development of the subdivision. It includes an IC1i; engineer's estimate that uses local bid tabs (costs per unit of construction items) to estimate final construction costs for the subdivision. The estimate includes all engineering design and survey costs, as well as construction costs to complete. The final estimate is used to establish the bond required for the project. Once the subdivision agreement is in place, the final subdivision can be recorded and pre - construction can begin. Construction Documents —120 days An estimate to perform a design survey and engineering design for the subdivision is included during the subdivision agreement process, but the actual survey and engineering is done after the agreement is finalized. The design includes roadways, utilities, storm, sewer, water, and drainage improvements. The final design engineering package is prepared and final construction plans stamped and delivered. If the client is comfortable proceeding or would like to streamline the process, the survey and design engineering can occur during the subdivision review process as well. Summary The timeline and components listed in this document can change depending on the complexity of the subdivision and existing parcel conditions. Wetlands can take longer to mitigate. Water bodies and creeks can affect the number and configuration of lots and roads. Avalanche zones or other hazard zones, such as mud slide areas, may be unbuildable. The critical phase of this process is the feasibility study to determine if the project seems viable. Although this process may take between one and two years to complete within the Municipality of Anchorage, other jurisdictions with shorter review processes and less stringent development requirements may be substantially shorter. A& Innovating Today for Alaska's Tomorrow ME December 10, 2021 R&M No. 21-00 Stephen Sowell Assistant City Manager City of Seward, Alaska 410 Adams St., City Hall Building Seward, Alaska 99664 RE: Fourth of July Creek Subdivision No. 2 (Plat No. 98-04) Land Development Concept Level Planning Dear Mr. Sowell, R&M Consultants, Inc. (R&M) has based this response on the information provided by you via e-mail and during our meeting on December 1, 2021. We have reviewed the materials provided to us and have prepared the following cost estimate for your review and comment. Phase I We understand that you would like to subdivide and develop Tract G, Fourth of July Creek Subdivision, No. 2 (Plat No. 98-04), located in Seward, Alaska, to increase the availability of affordable housing in the community. Phase I of the project would include a feasibility study to determine the viability of the project. This initial phase focuses on gathering boundary and topographic information, and reviewing local zoning regulations, to determine the feasibility of the project. The effort will include research of easements and setbacks, availability of utilities, and soils and topographic data that may affect the development of the parcel. The current zoning district is the Resource Management Zoning District. The feasibility study will include options for re -zoning the parcel to allow residential dwellings. After collecting all available information for the parcel, we will compile our findings into a draft then final report that will include design options for the subdivision based on recommended zoning options. Deliverables: ■ Draft and Final Reports ■ Design Option Exhibits Phase II Phase II of the project will include a boundary survey of the existing parcel, subdivision design, and preparation and submittal of a preliminary plat for review by the local platting authority. This phase will include a re -zone effort to be performed concurrently with the platting effort. At the end of this phase we expect to have an approved subdivision, approval for a re -zone of the parcel, and conditions for final approval of the subdivision plat. Deliverables: Approval of the subdivision and Conditions of Approval Approval of the re -zone An estimate to complete Phase III of the project. Phase III Phase III is not included in this estimate, but will include satisfying the final conditions of approval. The estimate will reflect the requirements of the platting authority, final construction costs and requirements, design survey and engineering fees, and setting all final lot corners. This phase will also include applying for grant funding to cover certain portions of the construction phase. This phase of the project cannot be estimated until the final subdivision design is approved and conditions of approval and sources of potential funding are known. Schedule: We understand that you would like to present the Phase I and II estimate to the Seward City Council in January, and begin work soon thereafter. The current estimate will include the subdivision design and plat review process. We can begin work within two weeks of receiving a Notice -to -Proceed Z:\_Marketing\Proposals\2021 Proposals\21-00 - GEOM\39 - City of Seward Fourth of July Creek\R&M COS Fourth of July Creek Subd Feasibility Study and Subd Design Proposal.doc 142 Mr. Stephen Sowell 12110121 Page 2 (NTP). The time frame for completion of Phase I depends on review time and meetings required to determine the new lot configurations, zoning, and types of dwellings that would be most beneficial to the community. We typically expect a final report within 30 to 45 days. If the project is determined to be feasible, we can immediately begin Phase 11 of the project. We would anticipate generating a subdivision design based on record information that could be reviewed by the platting authority over the winter, with the survey fieldwork beginning as soon as practical in the spring. If the subdivision is approved by the platting authority, R&M can prepare an estimate to complete the subdivision based on the final subdivision configuration and the conditions of approval. Cost Estimate: Based on the scope and our understanding of the project, we propose a Time & Materials Fee amount $123,395. We have attached a detailed breakdown of our estimated costs for your review. Should you have any questions or require additional information, please feel free to contact me at 646-9651. Sincerely, R&M CONSULTANTS, INC. Dave Hale, PLS Attachment: Cost Estimate A& Innovating Today for Alaska's Tomorrow 143 nchorage, R&M CONSULTANTS, INC. 2122 F ontgStreetD##150••Fairbanks, KK99701.907452.2707 Surveying and Mapping Services Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: Fourth of July Subdivison Project No:21-00 Date: December 10,202 Task Department Task Description Labor Expenses Total Cost Ph.I Geomatics/Planning Feasi bl ity Study $ 23,051 $ - $ 23,051 Ph. II Geomatics/Planning Boundary Survey & Subdivision Design $ 80,027 $ 12,76o $ 92,787 Ph.11 Planning Re -Zone $ 6,974 $ 584 $ 7,558 Total $ 123,395 12/10/2021 City of Seward 4th oltluly Subd Ph I_II.xlsx 1 of 4 AK 507 4V R&M CONSULTANTS INC. 2102E ontgStreetD#r150•FairbangsAK99701.907452?52707 Surveying and Mapping Services Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: Phase I: Fourth of July Subd. Feasibility Study Project No: 21-00 Date: Dec. 10, 2021 SUB -TASK SUB -TASK DESCRIPTION LABOR HOURS PER JOB CLASSIFICATION Senior Land Survey Land Land SuPlanning Staff Manager Surveyor Surveyor (OvTjor Manager Planner (PLS) Project / Contract Management 2 4 Office Tasks Coordination with Seward Planning 8 2 4 Research Boundary, Easements, and local Code 16 8 Research Soils and Topography 8 Develop Options Exhibits 40 Draft Report 16 2 16 Final Report 2 2 4 Quality Review and Final Deliverables 8 2 TOTAL LABOR HOURS 2 102 0 0 8 32 0 LABOR RATES ($/HR) $219-45 $173-85 $i59.6o $239.40 $165.30 $111.15 $166.73 LABOR COSTS ($) $438.90 $17,732.70 $0.00 $0.00 $1,322.40 $3,556.8o $0.00 EXPENSES DESCRIPTION QUANTITY UNIT PRICE MARKUP PRICE $ $ $ $ $ $ TOTALEXPENSES SUB -CONTRACTORS SUB- DESCRIPTION FIRM TASK TOTAL PRICE $ $ $ $ - TOTAL PRICE COMMENTS: This feasibility study does not include travel to Seward for meetings or fieldwork. All information will be compiled from publically available information. TOTAL LABOR $ 23,051 TOTALEXPENSES $ - SUBCONTRACTORS $ - SUBCONTRACTORS MARK-UP $ - TOTALSUB- $ - TOTAL T&M COST $ 23,051 12/10/2021 City of Seward 4th of4July Subd Ph I_Il.XISx 2 of 4 nchorage, AK uard R&M CONSULTANTS, INC. 2122 F ontgStrreetD##150••Fairbanks, KK99701.907452.2707 Surveying and Mapping Services Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: Phase II: Fourth of July Subd. Preliminary Plat Project No: 0000.00 Date: Dec. 10, 2021 LABOR HOURS PER JOB CLASSIFICATION Senior SUB -TASK SUB -TASK DESCRIPTION Survey Land Land Land 2-Person 2-Person Party Surveyor Survey Survey Manager Surveyor Surveyor Chief (OT) Crew Crew (OT) (PLS) Project / Contract Management 4 8 Field Tasks Mobe/Demobe and Travel to/From Seward 8 Coordinate access & Meetings 8 Survey Control & Boundary Survey 64 40 Download & Comps 20 Office Tasks Research & Certificate to Plat 8 Reduce Field Data 16 Boundary Computations 16 Subdivision Design 6o Design Meetings & Coordination 8 Preliminary Plat Drafting 40 Preliminary Plat Package 16 Prelim. Plat Submittal & posting 8 Platting Meetings 8 Preliminary Plat Review Process 16 KPB Review Process 16 Professional Review 8 Conditions of Approval 4 TOTAL LABOR HOURS 4 232 0 20 0 8o 40 LABOR RATES ($/HR) $219-45 $173-85 $173-85 $26o.78 $1596o $240-00 $36o.00 LABOR COSTS ($) $877.80 $40,333-20 $0.00 $5,215.50 $0.00 $19,200.00 $14,400-00 EXPENSES COMMENTS: UNIT TOTAL This phase includes performing the DESCRIPTION QUANTITY PRICE PRICE MARKUP PRICE bound arysurvey, subdivision design, and Misc. Field Expendables 1 $ 100.00 $ 100.00 $ $ 100.00 preliminary plat review only. The phase R&M Vehicle 12 $ 95-00 $ 1,140-00 $ $ 1,140.00 ends with the final approval with Per Diem 24 $ 445-00 $ 1o,680.00 $ $ 1o,680.00 conditions of approval. Prelim. Plat Fees (City of Seward) 1 $ 75-00 $ - $ $ - Prelim. Plat Fees (KPB) 1 $ 400-00 $ 400-00 $ $ 400-Oo Fees for finalizing the subdivision cannot Final Plat Fees (City of Seward) 1 $ - $ - $ $ - be estimated without knowing the final Final Plat Fees (KPB) 1 $ 400-00 $ 400-00 $ $ 400-00 configuration of the subdivision and the Recording fees 1 $ 40-00 $ 40-00 $ $ 40-00 conditions developed during the $ $ $ approval process. TOTAL EXPENSES $ 12,760 SUB -CONTRACTORS SUB- DESCRIPTION FIRM TOTAL TASK PRICE TOTAL LABOR $ 80,027 TOTAL EXPENSES $ 12,760 SUBCONTRACTORS $ - SUBCONTRACTORS MARK-UP $ - TOTAL SUB- $ - TOTAL FIXED COST $ 92,787 12/10/2021 City of Seward 4th of46uly Subd Ph I_Il.xlsx 3 of 4 AK 9 4VCM CONSULTANTS, INC. 212`oatg5taeet4r15�'.FairbangsAK99701.'9074 2? 2707 Surveying and Mapping Services Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: Phase II: Fourth of July Subd. Re -Zone Project No: 21-00 Date: Dec. 10, 2021 SUB -TASK SUB -TASK DESCRIPTION Planning Manager LABOR HOURS PER JOB CLASSIFICATION Staff Senior Planner Land Admin. Surveyor Project Coordination 6 2 Travel to/From Seward 6 6 Rezone Application Draft 2 12 Final 1 4 Planning Commission Hearing 3 3 Conditions of Approval 2 6 TOTAL LABOR HOURS 20 33 0 0 0 0 0 LABOR RATES ($/HR) $165.30 $111.15 $173-84 $111.15 $126.28 $166.46 $249.69 LABOR COSTS ($) $3,3o6.00 $3,667.95 $0.00 $0.00 $0.00 $0.00 $0.00 EXPENSES DESCRIPTION QUANTITY UNIT PRICE MARKUP PRICE $ _ $ Mileage to Seward 240 $ 0.58 $ 139.20 $ Per Diem 1 $ 445-00 $ 445-00 $ $ - $ $ $ $ $ $ $ $ $ $ $ TOTAL EXPENSES SUB -CONTRACTORS SUB- DESCRIPTION FIRM TASK TOTAL PRICE $ $ 139.20 $ 445.00 $ $ $ $ $ $ $ 584 TOTAL PRICE COMMENTS: Assumes In -Person Planning Commission Hearing -Per Diem includes accommodations, meal for in -person Planning Commission hearing -Assumes Rezoning procedure as laid out in City of Seward Code of Ordinances 15.oi.o35 Amendments and Section 15.0i.040 Procedures -Assumes Fees for Rezone to be paid by City of Seward TOTAL LABOR $ 6,974 TOTALEXPENSES $ 584 SUBCONTRACTORS $ - SUBCONTRACTORS MARK-UP $ - TOTAL SUB- $ - TOTAL FIXED COST $ 7,558 12/10/2021 City of Seward 4th of47uly Subd Ph 1_I1.xlsx 4 of 4 Resolution 2022-004 Documents: • Agenda Statement • Resolution 2022-004 • Attachments: o Alaska Safety and Supply Quote o State Contract for Vehicle o Kendall Ford Quote o State Price Listings 0 2022 Motor Pool Budget o Motorola Radio Quote o Motor Pool Balance Information 148 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council Through: Janette Bower, City Manager From: Clinton Crites, Fire Chief Agenda Item: Resolution 2021-004: Authorizing the City Manager to Purchase Two (2) 2022 Ford F-150 Crew Cab Trucks Police Responder Package Vehicles from Kendall Ford of Anchorage for the Purchase of Command Vehicles for the Fire Department using the State's Competitive Procurement Fleet Vehicle Contract with Associated Upfitting and Fire Specific Equipment from Alaska Safety and Supply and ProComm Alaska, in the Amount of $122,463.92 and Appropriating Funds from the Motor Pool Fund to the Capital Equipment Fund Background and justification: Command 1 (353) and Command 2 (355) are both 2006 Dodge Ram 3500 mega crew cab pick-up trucks with over 99,000 miles on each. Both vehicles are at the end of their service life, are developing electrical problems, and are not considered reliable for emergency response vehicles. Both vehicles are used for: during and after-hours on -call, serves as transport for contaminated tools, gear, and equipment, transports personnel to calls and training, hydrant and hose testing, traffic control, along with other essential department needs. Once replaced, both vehicles will go to surplus. Both units are requiring more costly repairs each year and parts are becoming impossible to obtain. Anchorage Dodge informed us they cannot replace the instrument cluster in Command 2 due to no parts available and this part is causing the truck to not start intermittently. The Fire Department is requesting to replace the trucks with new 2022 state approved contract trucks, Ford F-150 4x4 Police Responder Super Crew for $41,741 each. This contract provides additional safety and functional features needed for a Command Unit. Each vehicle to be fully outfitted and professionally equipped with radio, lights, siren, decals, topper, bed slider, and other related accessories would be $61,231.96 each. The department sees it beneficial to purchase both units at the same time to have like parts, uniformity, and better pricing along with Ford does not know how long they will continue to take orders for 2022. The Fire Department budgeted $62,000 each and was approved by council for the 2022 budget cycle under the motor -pool fund. The Fire Department is not requesting any additional funds. This purchase will be made utilizing the State of Alaska competitive bid process as allowed under section 6.10.120(B) of the Seward City Code, which allows the City to utilize competitive bids obtained by other government entities. Kendall Ford has been awarded contracts to provide vehicles to the State of Alaska, through an established competitive bid process. Therefore, the city will save time and money using this streamline efficient and code compliant process to secure a competitive price. The same bid process has been utilized for Alaska Safety to provide upfitting of emergency lights, sirens, decals, fiberglass shell, and other required accessories at a cost of $13,899 each. ProComm is the sole source provider for mobile radios at a total cost of $5,591.96 each. `« Funds for this purchase are available in the Motor Pool Equipment Account and was included in the approved 2022 budget. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.9 Public Safety Support Fire Services, Volunteer Firefighters, and Equipment Strategic Plan: 3.7.1.3 Continue to improve the quality and efficiency of City Government Services Other: Certification of Funds Total amount of funds listed in this legislation: $ 122,463.92 This legislation (✓): Creates revenue in the amount of: x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): x Budgeted Line item(s) Not budgeted 122,463.92 Motor Pool Capital Equipment Account No. 03000-1220-8103 Finance Director Signature: Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: ` if Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-004 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase (2) 2022 Ford F-150 Super Crew Cab Police Responder Trucks from Kendall Ford of Anchorage under the State of Alaska Fleet Vehicle Contract, with Associated Upfitting and Fire Specific Equipment from Alaska Safety, and Procomm Alaska in the Amount not to Exceed $122,463.92 and Appropriating Funds WHEREAS, on December 13, 2021, the City Council adopted the fiscal year 2022 Budget to include the General Fund and the Motor -Pool: and WHEREAS, the Fire Department was approved to replace Command 1 (353) and Command 2 (355) trucks at $62,000 each; and WHEREAS, the Ford Dealer is advising their ordering window is closing soon is unsure of future availability; and WHEREAS, these vehicles are essential to the day-to-day operations of the Fire Department Command Staff and operations; and WHEREAS, the vehicles being replaced are two Command Trucks that are 2006 Dodge Ram 3500 mega -cab trucks with over 99,000 miles and past their service life, have significant electrical problems, and are not considered reliable or safe for emergency response vehicles: and WHEREAS, both units are requiring more costly repairs each year and parts are becoming impossible to obtain; and WHEREAS, both vehicles are used for; during and after-hours on -call, serves as transport for contaminated tools, gear, and equipment, transports personnel to calls and training, hydrant and hose testing, traffic control, along with other essential department needs; and WHEREAS, the State of Alaska has a procurement contract resulting from a competitive bid process, for a Ford F-150 Super Crew Cab 4x4 Police/Responder pickup truck from Kendall Ford of Anchorage for $41,741.00 each totaling $83,482; and WHEREAS, each Command Truck must be professionally equipped with fire specific needs to include emergency lighting, fiberglass shell, pull out tray, etc.; and WHEREAS, Alaska Safety is the only company who performs upfitting of public safety vehicles and on the State of Alaska procurement contract within hundreds of miles; and WHEREAS, Alaska Safety will provide the equipment and upfitting for both trucks at a cost `S CITY OF SEWARD, ALASKA RESOLUTION 2022-004 of $27,798; and WHEREAS, the City of Seward already uses ProComm Alaska in Anchorage as the sole - source provider of radios throughout city departments; and WHEREAS, ProComm Alaska will provide 2 mobile radios at a total cost of $11, 183.92 for both vehicles: and WHEREAS, the City Council has determined that the public interest would be best served by not requiring competitive bids and makes the following findings: 1. Seward City Code Section 6.10.120 (a) (9) provides for the purchase of electronic data processing software and hardware systems and communications equipment; and 2. Seward City Code Section 6.10.120 (b) provides the city may utilize competitive bids obtained by other governmental units; and Kendall Ford in Anchorage, Alaska has been awarded the contract to provide patrol vehicles to the State of Alaska, and the City of Seward has the opportunity to purchase patrol vehicles at an amount not to exceed $41,741.00 each; and WHEREAS, the 2022 Motor Pool budget includes $62,000 for each Command Truck so no additional appropriations are needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council herby waives the competitive procurement process of the City Code in accordance with Seward City Code 6.10.120 (B) which authorizes the purchase of products or services utilizing competitive bids obtained by other governmental entities. Section 2. The City Manager is hereby authorized to purchase two 2022 Ford F-150 Super Crew Cab Police Responder package utilizing the contract with Kendall Ford of Anchorage, upfitting and installation of equipment from Alaska Safety resulting from the State of Alaska's competitive bids, and the purchase of Mobile Radios from Procomm Alaska in the amount of $122.463.92. Section 3. Funding for this purchase is hereby appropriated from the Motor Pool reserves account no. 03000-0000-3400 to capital equipment account no. 03000-1220-8103. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of January 2022. `MA Alaska Safety, Inc. Quotation# 046430 Alaska Safety, Inc. 4725 Gambell Street Anchorage. AK 99503 Phone (907) 561-5661 Fax Bill To (907)561-8484 City of Seward' Accounts Payable PO Sox 167 Seward, AK 99664 -' ,: -- -- z _,. Account ID Contact 000M44 Chief Crites, 907-224-3445 Customer PO Telephone Facsimilie None (907) 224-4062 f907y 224-4038 Ship To: City of Seward' i PO Box 167 414 Adams Street Seward, AK 99664 .... ........ .... _ . . Special Order [] Drop Ship Lluole Bate Comments Special Instructions Terms 12120/2021 2022 F150 for Fire Dept. NET 30 ;flip Via Date Required FC)L3 Prepared By Orderil Salesperson WC 12/20/2021 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 WHBSFW478 Inner Edge, 17-22 Ford Trucks, 10 lamps $1,500.00 $1,500,00 EACH Ford F 1501F-2501F-350, 2017-2022, Eight Lamps, SOLOT or DUOT. Upper 1. ronl Two Piece Umt, Individual Driver- and Passenger Side Units, with Two LED FlashinglTake-Downs (Teri Lights Total) RedMlhite on DS. Blue/*1hite on PS. (White can be switched to operate as a scene light and does not have to flash) 1 JD425-6524 Contour Console for F150, 2021+ $735.00 $795.00 EACH Forts F•150 SSVIPR (2021 r) Contour Console with Locking Lid Storage.The Ford F•150 SSVIPR (2021+) Contour Console has a dash contouring shape and will mount up to 20" of equipment.The OEiM US6 module is relocated to the top of the Contour Console. might not work for all trim levels. Each console comes standard with 20' of faceplates, (1) Magnetic Mir., 26" Ford F-150 SSVIPR floor plate. t JD425-3704 ABS Duai drop in cup holder S45 00 S45.00 EAC H 1 JD425-6164 Faceplate,2" w12 USB &2 12 VDC Outlets S95.00 595.00 EACH Features two 2.1A U1313's and two 12V electrical outlets with covers. 1 PEC390OU "Siren Speaker, 100waR compact, wirnount $250.00 $25.0.00 EACH 1 PE3492L6S `Siren Light Contolier, Programmable. S450 00 S450.00 EACH The XCEL Siren has a 3-level slide switch that can be progianmed as independent, semi -progressive, or progressive The unique programming features auxiliary buttons to level outputs and allow the officer to keep their eyes on the road. Features include adjustable backlighting buttons, visual notification of switching and programming functions, 11 built-in automotive style fuses I SOENT21133D "Intersector Linder Mirror LE01,RedAVhite $200.00 13200.00 EACH Intersector LED Light has 9 Generation3 LF D light heads per ilnit. 180 Degree. Dual Color, Red and While Date Piinled 12i2lQ021 if rotal Price is not shoyg° seo next page P[1gL 41 Alaska Safety, Inc. Alaska Safety, Inc. 4725 Gambell Street Anchorage, AK 99503 Phone: (907) 561-5661 Fax: (907) 561-8484 Bill To City of Seward" Accou fits Payable. PO Box 167 Sevvard, AK 99664 T� Quote Date 12/20/2021 Ship Via WC Quantity Comments Quotation# 446430 Account I❑ C'o;,tr:r;l 00001144 Chief Crites, 907-224-3445 customer PO Tt�fe[)w;nrr. �F.-3rsilnilie None (907) 224-4662 1 (907} 224-4038 Ship To: City of Seward' FCC] Box 167 410 Adams Street Seward, AK 99664 Special Instructions 2022 F1SO for Fire Dept. Dale —Required FOB Prepared By Order# 12/2012021 Anchorrle CV Item# Description Special Order ❑ drop Ship ❑ salesperson Terms NET 30 Clint VanNoy Price Total 1 SOENT28:3E 'Intl rsector Under Mirror LED,BiuelWhite $200.00 $200.00 EACH InC r::: t;:, 1117 Light has 9 Geiieration3 LED light 18U Deg-c:e. Dual Color, Blue and White 1 SOETISSO-07+ 'Ignition Security System 07 Anti Theft $95.00 $95.00 EACH :c _: _, E T I SSO-P (1 Year Warranty) 1 STBK0534FDT21FISO Pus hbuntpc-r• Aluminum, 2021 Ford F150 $499 00 $499.00 EACH 1 INDECALS Decal Set for Emergency Vehicles. $950-00 $950.00 EACH Custnrn Ordered per proje(;t Srjpoly and Install graphics package, requires cuslcmer supplied art work, 1 INPOWER Power Distribution System $290.00 $290.00 EACH Consists of the following Cole Hersoo 24117 Solenoid, hli,er: c:d,' Div e I;,ax, 5029. F,,ussn-an Caqu!t i3rEAer # Ch I85 50. tq-.rmwr its min l wire. 2 ECED5051RB 'LED Directional, Multi Mt. RedlEllue 5125.00 $250,00 EACH 12-2-4V 3 Yep.r %Narranty..6" High x 5.4" Wide Installed on front of vehicle, (typically on grill or pushbumi ,e, ) 2 SOEMPS2ST55RBW "MPower 4" LED Light Tri Color STUD $135.00 $270.00 EACH mpo vo1 1' I ;It,ci�r I i[;ht Vd ;--AU l Mount, 1€3" hard w,ie. wl sync. ophon, SAE (..'lass; t F, CA iitle 13. 0-32 Vdc, Ulack Housing, 18 LED. In C-:o.or RerllE3luer'•�"�+hate Rear SIDE Windows Emergency Lights 2 SOPMP2WSSSB "SINGLE 4" Windshield Shraud,Mpower $10.00 $20.00 EACH Single W1nc:n.: SI)ruuo for u;e %Jltl� 41mrr11 :;tud mount lights. Angle Arllustmenl .flln�,^ns (of varir:ly it pl�fca:mGr�l olikons. doer not MCLIde vic. hall",t ht,,ads, For usc; with stud mount nil-lovier lrghtheid Shrouds for REAR SIDE: Camper Shell Lights- 1 SOEL3PDOSAOOJ "Ultralite Plus 8 Mod. RedlBtue Exterior $440,00 $440.00 EACH Inslalleo in Rear C;anip��r Shell Window, (facinr) reaivmiidi v ir:!d wi i Ti,iffir Dif e:a(;r Patterns i MXM84405C "LED Dorne Lighl 5.5", 325 Lumens $30.00 $30.00 EACH lnstcilled if) ccinipc.i She'll Date Printed 12r21 �2021 If Total Price is not shdvW, sec- nuxl f ?f:r: Page #2 Alaska Safety, Inc. Alaska Safety, Inc. 4725 Gambell Street Anchorage, AK 99503 Phone. (907) 56-1-5661 Fax: (907) 561-8484 Bill To: City of Seward" f Accounts Payable E PO Box 167 Seward, AK 99664 J° O.,ate [late Comments 1212D12021 2022 F150 for Fire Dept, Quotation# I 046430 Accuunl I❑ C;ontacl 00001144 Chief Crites, 907-224.3445 customer PO Telephone Facslmil,e None (907) 224-4062 (907) 224.4038 Ship To: City of Seward' G.. PO Box `67 410 Adams Street' Se'-var;l AK 99'564 I Special Order.—] Drop Ship Special instructions Terms NET 30 Ship AI ] Date Required F :s P—,wed By Order# Salesperson WC 12/2012021 Anchorage CV Clint VanNoy Quantity Item# Description Price Total 1 R122000 "Radiance PLUS Lightbar 20" White/Clear $395.00 $395,00 EACH (New Model # 220003) PRO SURiES Clear Backlight, (3 5 Aai} s. 92 Watts, 7128 Lumens, Moose Light, wired to High Beams with Arming Switch, 1 LABOR Install Shop Labor $2,100-00 $2,100,00 HOUR Set up 2022 F150 with listed options, and installation of cUslomer supplied Motorola APX6500 radio, Knoxbox key L)ox and handlight. Includes instalkiiq loblet Mounts from a previous puMh;Ise I R192511 'SR-Q PRO Flush Mount Flood Pattern $255,00 $255.00 PAIR Set of lulu. installed in rear bumper wired to reverse i ll,ts;�'`-lf? :o �i Scene lighting switch on controller- 1 INSS Basic Fiberglass Shell $3,200.00 $3,200,00 EACH Painted to rnatc,h Imck, with told clown front window. Cab i kjC) sliell ciri sicus and real- 1 TVV-CG1000 Cargo Glide for Truckvauit $1,570.00 $1,570.00 EACH CargoG ide IOQD Seiies, Steel; 70% Cxt, 10001b Cap Comments This quotation Is good for 30 nays from the date listed above, Thank you for the opportunity, Sub Total $13,899.00 EXMT 0% Tax $0.00 Freight $0.00 , Grand Total S13,899-00 Deposit $0.00 Balance $13,699.00 Approved By: Date If Total Price as not shownPage #3 . see neat page D��le Pnnted a 2!� 112[]�? 1 CITY OF SEWARD 12-22-2021 PRICE $ 41741 SPECIAL ORDER STATE CONTRACT PRICING 2022 F-150 Police Responder 4x4 5.5' box 145" WB XL (W1 P) Price Level: 215 Client Proposal Prepared by: Ray Marcum Office: 907-793-8213 Date: 12/22/2021 Kendall Ford 1 431 Unga street , Anchoreage, AK, 99501 156 Office: 907-793-8213 Prepared by: Ray Marcum 12/22/2021 Kendall Ford 1 431 Unga street Anchoreage AK 199501 2022 F-150 Police Responder 4x4 5.5' box 145" WB XL (W1 P) Price Level: 215 As Configured Vehicle Code Description Base Vehicle W1 P Base Vehicle Price (W1 P) Packages 150A Equipment Group 150A Base Includes: Engine: 3.5L V6 EcoBoost 120-MPH top speed. Transmission: Electronic 10-Speed Automatic Includes selectable drive modes: normal/tow-haul/snow- wet/EcoSelect/sport and SelectShift automatic with progressive range select. Electronic Locking w/3.31 Axle Ratio GVWR: 7,050lbs Payload Package Tires: LT26517OR18 BSW A/T Wheels: 18" 6-Spoke Silver Aluminum Cloth 40/Blank/40 Front -Seats Includes reduced bolsters, 8-way power driver/manual passenger, center -section deleted. (Restraint control module cover provided) and vinyl rear bench. - Radio: AM/FM Stereo w/6 Speakers - SYNC 4 Includes 8" LCD capacitive touchscreen with swipe capability, wireless phone connection, cloud connected, AppLink with App Catalog, 911 assist, Apple CarPlay and Android Auto compatibility, digital owners manual and wireless software updates capability. Powertrain 998 Engine: 3.5L V6 EcoBoost 120-MPH top speed. 44G Transmission: Electronic 10-Speed Automatic Includes selectable drive modes: normal/tow-haul/snow- wet/EcoSelect/sport and SelectShift automatic with progressive range select. XL3 Electronic Locking w/3.31 Axle Ratio STDGV GVWR: 7,050 Ibs Payload Package Wheels & Tires 64H Wheels: 18" 6-Spoke Silver Aluminum Seats & Seat Trim P Cloth 40/Blank/40 Front -Seats Includes reduced bolsters, 8-way power driver/manual passenger, center - section deleted. (Restraint control module cover provided) and vinyl rear bench. Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 157 2 Prepared by: Ray Marcum 12/22/2021 Kendall Ford 1 431 Unga street Anchoreage AK 199501 2022 F-150 Police Responder 4x4 5.5' box 145" WB XL (W1 P) Price Level: 215 As Configured Vehicle (cont'd) Code Description Other Options 145WB 145" Wheelbase PAINT Monotone Paint Application 18B Black Platform Running Boards 942 Daytime Running Lamps (DRL) The non -controllable 942 Daytime Running Lamps (DRL) replace the standard Daytime Running Lamps (DRL) (On/Off Cluster Controllable). 41 H Engine Block Heater 153 Front License Plate Bracket Standard in states where required by law, optional to all others. STDRD Radio: AM/FM Stereo w/6 Speakers Includes: - SYNC 4 Includes 8" LCD capacitive touchscreen with swipe capability, wireless phone connection, cloud connected, AppLink with App Catalog, 911 assist, Apple CarPlay and Android Auto compatibility, digital owners manual and wireless software updates capability. 62J Keyed Alike - 1111x Note: These are inner -milled keys, unique to F-150 Police Responder and not compatible with Police Interceptor Utility. 96W Tough Bed Spray -In Bedliner Ford accessory. Fleet Options WARANT Fleet Customer Powertrain Limited Warranty Requires valid FIN code. Ford is increasing the 5-year 60,000-mile limited powertrain warranty to 5- years, 100,000 miles. Only Fleet purchasers with a valid Fleet Identification Number (FIN code) will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code, the warranty extension will automatically be added to the vehicle. The extension will stay with the vehicle even if it is subsequently sold to a non -fleet customer before the expiration. This extension applies to both gas and diesel powertrains. Dealers can check for the warranty extension on eligible fleet vehicles in OASIS. Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty. This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle. Interior Color Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 158 3 Prepared by: Ray Marcum 12/22/2021 Kendall Ford 1 431 Unga street Anchoreage AK 199501 2022 F-150 Police Responder 4x4 5.5' box 145" WB XL (W1 P) Price Level: 215 As Configured Vehicle (cont'd) Code Description PB_02 Black Exterior Color PQ_01 Race Red Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 159 4 Description 2022 FORD EXPLORER, AWD, Police Interceptor MODEL K8A Ford Explorer, 3.3L V6 White w/ Vinyl Wrapped Black Hood Ford Explorer, 3.3L V6 Random Color - 17 Color Choices Engine 3.3L V6 Hybrid Engine 3.OL V6 EcoBoost Police Perimeter Alert Rear Camera Activation on Demand Flat Black Hood (Vinyl Wrapped) Ballistic Door Panels, Driver Only Ballistic Door Panels, Driver and Front Passenger 2022 FORD F150 POLICE, MODEL W1P Ford F150, 3.5L V6 EcoBoost, White w/ Vinyl Wrapped Black Hood Ford F150, 3.51- V6 EcoBoost, Race Red Rear Privacy Glass Reverse Sensing Rear Window Defroster Trailer Brake Controller Power Trailer Towing Mirrors (no heat) Power Passenger Seat Daytime Running Lights Spray in Bed Liner Pick Up Bed Extender Tailgate Step Running Boards 2022 FORD EXPEDITION, 4x4, SPECIAL SERVICE PACKAGE MODEL U1G (POLICE) Ford Expedition, 4x4, Special Service Package, White w/Black hood Ford Expedition, 4x4, Special Service Package, Random Color 3rd Row Power Fold Seat Running Boards "Rear locks and windows disabled, deactivated interior lights and buzzers, dark car feature, dash pass through for aftermarket wiring, No Center Console" (Sync, Rearview Camera and Reverse Sensing and tow package included in base price) 2022 FORD EXPEDITION EXTENDED LENGTH, 4x4, SPECIAL SERVICE PACKAGE MODEL K1G (POLICE) Ford Expedition EL, 4x4, Special Service Package, White w/Black hood Ford Expedition EL, 4x4, Special Service Package, Random Color 3rd Row Power Fold Seat Daytime Running Lights Running Boards (Sync, Rearview Camera and Reverse Sensing and tow package included in base price) 2022 FORD EXPEDITION, 4X4, MODEL U1G (XL TRIM) Ford Expedition, 4x4, White w/ Vinyl Wrapped Black hood Ford Expedition, 4x4, Random Color - 7 Color Choices IDO, 3rd Row Power Fold Seat 2nd Row 40/20/40 Cloth Seat Running Boards (Sync, Rearview Camera and Reverse Sensing and tow package included in base price, full center console) 2022 FORD EXPEDITION EXTENDED LENGTH, 4x4, XL TRIM MODEL K1G (NON POLICE) Ford Expedition EL, 4x4, XL TRIM, White w/Black hood Ford Expedition EL, 4x4, XL TRIM, Random Color 3rd Row Power Fold Seat Daytime Running Lights Running Boards (Sync, Rearview Camera and Reverse Sensing and tow package included in base price, full center console) *Updated 111312021 AA* IN Cost PO TOTAL $ 37,898.00 $ - $ 37,573.00 $ - $ 3,530.00 $ - $ 4,320.00 $ - $ 675.00 $ - $ 230.00 $ - $ 325.00 $ - $ 1,585.00 $ - $ 3,170.00 $ - TOTAL $ - $ 41,201.00 $ 40,851.00 $ 40,851 $ 100.00 $ - $ 220.00 $ - $ 275.00 $ - $ 395.00 $ - $ 295.00 $ - $ 45.00 $ 45 $ 595.00 $ 595 $ 385.00 $ - $ 430.00 $ - $ 250.00 $ 250 TOTAL $ 41,741 $ 42,439.00 $ - $ 42,114.00 $ - $ 815.00 $ - $ 405.00 $ - TOTAL $ 41,991 $ 45,497.00 $ - $ 45,172.00 $ - $ 815.00 $ - NC $ - $ 405.00 $ - TOTAL $ 41,991 $ 44,297.00 $ - $ 43,972.00 $ - `M $ 815.00 $ - $ 110.00 $ - $ 405.00 $ - TOTAL $ 41,991 $ 48,389.00 $ - $ 48,064.00 $ - $ 815.00 $ - NC $ - $ 405.00 $ - TOTAL $ 41,991 QUOTE-1626815 A+FOrOJVOLA SOLUTIONS The design, technical, pricing, and other information ("Information") furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote ("Motorola') and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of MotgA k MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered tra arks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property oftheir respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. A4OrOROLA SOLUTIONS 12/16/2021 SEWARD, CITY OF P O BOX 167 SEWARD, AK 99664 RE: Motorola Quote for APX6500 Single Head Command Dear Clinton Crites, QUOTE-1626815 Motorola Solutions is pleased to present SEWARD, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide SEWARD, CITY OF with the best products and services available in the communications industry. Please direct any questions to Angela Parker at aparker@procommak.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Angela Parker Inside Sales Specialist Motorola Solutions Manufacturer's Representative `[:V A4OrOROLA SOLUTIONS Billing Address: SEWARD, CITY OF PO BOX167 SEWARD, AK 99664 US Shipping Address: SEWARD, CITY OF PROCOMM ALASKA LLC 2100 3 63RD AVE ANCHORAGE, AK 99507 US QUOTE-1626815 APX6500 Single Head Command Quote Date:12/16/2021 Expiration Date:01/01/2022 Quote Created By: Angela Parker Inside Sales Specialist aparker@procommak.com (907)563-1176 X 137 End Customer: SEWARD, CITY OF Clinton Crites rccrites@cityofseward.net Contract: 19860 - NASPO Freight Terms: FREIGHT PREPAID Payment Terms:30 NET Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description List Price Sale Price Ext. Sale Price APXT11 6500 / Enh Series ENHANCEDAPX6500 1 M25KSS9PW1BN APX6500 ENHANCED VHF 2 $3,253.00 $2,374.69 $4,749.38 MOBILE 1a G792AB ADD:VHF ANT WIDEBAND 2 $83.00 $60.59 $121.18 136-174 MHZ 1b QA01648AA ADD: HW KEY 2 $6.00 $4.38 $8.76 SUPPLEMENTAL DATA 1C GA00580AA ADD: TDMA OPERATION 2 $495.00 $361.35 $722.70 1d G51AU ENH: SMARTZONE 2 $1,320.00 $963.60 $1,927.20 OPERATION APX6500 1e G67DT ADD: REMOTE MOUNT E5 2 $327.00 $238.71 $477.42 APXM 1f G78AT ENH: 3 YEAR ESSENTIAL 2 $176.00 $176.00 $352.00 SVC Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then 10 Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 166 PaCIE, 3 0 MOITOROLA SOLUTIONS Item Number Description Q'i 1g GA01606AA ADD: NO GPS/WI-FI 2 ANTENNA NEEDED 1h B18CR ADD: AUXILIARY SPKR 7.5 2 WATT APX 1i G444AH ADD: APX CONTROL HEAD 2 SOFTWARE 1j G806BL ENH: ASTRO DIGITAL CAI OP 2 APX 1k GA01670AA ADD: APX E5 CONTROL 2 HEAD 11 W22BA ADD: STD PALM 2 MICROPHONE APX 1m G193AK ADD: ADP ONLY (NON-P25 2 CAP COMPLIANT) (US ONLY) 1n G361AH ENH: P25 TRUNKING 2 SOFTWARE APX 2 LSVOOQ00202A DEVICE PROGRAMMING 2 Grand Total QUOTE-1626815 APX65O0 Single Head Command $0.00 $0.00 $0.00 $66.00 $48.18 $96.36 $0.00 $0.00 $0.00 $567.00 $413.91 $827.82 $717.00 $523.41 $1, 046.82 $79.00 $57.67 $115.34 $0.00 $0.00 $0.00 $330.00 $240.90 $481.80 $128.57 $128.57 $257.14 $111183.92(USD) Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then 10 Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800 167 Facie; 4 aMOrOROLLA SOLUTIONS Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill -To Name on PO must be equal to the Legal Bill -To Name Bill -To Address Ship -To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship -To address is the MR location then the Ultimate Destination address must be documented on PO) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) CONTRACT AWARD CA2217-20 SECTIONS: SECTION I —TERMS AND CONDITIONS SECTION 11 —SPECIFICATIONS SECTION III — PRICE SCHEDULE CONTRACTOR: Kendall Ford of Anchorage 431 Unga Street Anchorage, AK 99501 Contact: Ray Marcum (907) 793-8213 raymarcum(a)kendallauto.com Alaska Business License No: 1044276 Date of Contract: December 2, 2019 Contract Expiration: December 1, 2024 Estimated Value of Term: $2,000,000.00 Optional Renewals: Renewal One Expiration: December 1, 2020 Renewal Two Expiration: December 1, 2021 Renewal Three Expiration: December 1, 2022 Renewal Four Expiration: December 1, 2023 Renewal Five Expiration: December 1, 2024 Contracting Authority Name & Title: Abby Applebee, Contracting Officer II Contractor Authority Name & Title: Ray Marcum, Government Sales Signature on File CONTRACTING AUTHORITY: State of Alaska HQ, State Equipment Fleet 5420 Dr. Martin Luther King Jr Ave. Anchorage, AK 99507 CONTRACTING OFFICER: Abby Applebee (907) 269-0786 Abby.Applebee(a)alaska.gov f[c9 SECTION I TERMS & CONDITIONS 1.0 INTENT: Purchase of Police Interceptor SUV, Ford Expedition 4X4 Special Service Package and Ford F-150 Police Responder 1.1 Contract Period: One Year with 4 (1) One -Year Renewals 1.2 Quantities: Varies by year 1.3 Location of Use: Statewide 1.4 Warranty locations: Anchorage and Fairbanks at a minimum 1.5 In addition to the State of Alaska requirements, the Municipality of Anchorage and other Alaska political subdivisions may cooperatively purchase from the resulting contract. 1.5.1 At no time may the contractor change the terms and conditions, alter the price to another entity, which differs from the contractual price, nor charge undisclosed administrative fees to allow cooperative purchasing. 2.0 DELIVERY: 2.1 Pre -delivery service: Prior to delivery, each vehicle, piece of equipment or attachment shall be serviced and inspected by the dealer or his agent. Inspection must include the following (as applicable to the type of equipment): 2.1.1 Dealer and vehicle identification. 2.1.2 Check -off of service and inspection performed including a list of all fluids including type weight and specification that are in the equipment as delivered for all fluid compartments. 2.1.3 The vehicle's crankcase, differential and transmission, and other fluid compartments shall be filled to the manufacturer's recommended capacity. 2.1.4 Fuel tank shall be filled to at least register a minimum'/4 full on the fuel gauge, unless restricted by the commercial carrier, when the vehicle arrives at the delivery location. 2.1.5 The vehicle shall be clean and free from defects when delivered and should be ready for immediate and continued use upon delivery. 2.1.6 Units delivered in an incomplete state, or which have deficiencies per the specification, are subject to the damage charges as noted in paragraph 4.0 below. 2.2 Inspections: 2.2.1 The State's inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final or as acceptance of the materials or equipment if materials or equipment do not conform to Contract requirements. If there are any apparent defects in the materials or equipment at the time of delivery, the State will promptly notify the Contractor thereof. Without limiting any other rights of the State, The State at its option, may require the Contractor to: 2.2.1.1 repair or replace at contractor's expense, any or all of the damaged goods, 2.2.1.2 refund the price of any or all of the damaged goods, or 2.2.1.3 Accept the return of any or all of the damaged goods. 2.2.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or removing or replacing any or all of the defective materials or equipment will be charged against the bidder. 2.3 Acceptance: 2.3.1 Units will not be considered "Accepted" until all deficiencies have been corrected. This includes item 3.1 Line Sheets/Bill of Materials, 3.2 Parts & Service Information, and 9.0 Publications. 2.4 Delivery Receipt: 2.4.1 A delivery receipt will be required. The receipt must be filled out by the vendor, and acknowledged by state receiving personnel by signature and date of actual receipt of equipment. One copy of this delivery receipt is to be given to the state -receiving agency. 2.4.2 Vendors are cautioned and advised that such delivery forms or other receiving type documents will not in any way be construed to mean the state has formally and fully accepted unit(s) referenced thereon as complete and meeting every specification set forth. Only the Contracting Officer or designee may sign warranty documentation. 3.0 F.O.B. POINT: 3.1 The F.O.B. point is as listed in Bid Price Schedule. Ownership of and title will remain with the contractor until delivery is complete to final destination and accepted by the State. Equipment is not to be driven on the Alcan Highway without prior written approval from the contracting officer. 3.2 All shipping charges over $100 must be documented by a copy of the actual shipping invoice and received with the invoice charge to the State. Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page Hof 12 SECTION I TERMS & CONDITIONS 4.0 DAMAGES FOR LATE DELIVERY AND NON -CONFORMING GOODS: 4.1 Time is of the essence in this contract. The Bidder is expected to deliver goods that conform in all material respects to the contract specifications on or before the date provided therein, as may be amended by written agreement of the parties. 4.2 In the event that the equipment is delivered late or does not conform to the contract specifications, the State shall be entitled to offset against the Contract Price, as liquidated damages and not as a penalty, an amount equal to the cost of renting like equipment, multiplied by the number of calendar days elapsing between the delivery date provided in the bid schedule and the delivery date to the State. In the case of equipment in this this class, that daily rental fee is determined to be $50.00. The number of days for which liquidated damages shall apply shall include, in the case of non -conforming goods, the time reasonably necessary for the State to perform inspection. 4.3 These liquidated damages represent a reasonable estimate of amounts necessary to compensate the State for loss of use of the goods during the period in which the goods would have been available to the State if conforming goods had been timely delivered. 5.0 WARRANTY: 5.1 Standard Warranty Package: Unless otherwise stipulated by this ITB, the successful bidder will provide a one-year (12-month) warranty. 5.1.1 Full (100%) Parts and Labor Warranty Coverage of all components 3 years/36,000 miles, from the date the unit is placed in service at the assigned location. 5.1.2 Full (100%) Warranty Coverage includes all cost of labor, parts, freight, lubricants, miscellaneous cost, etc., to place the unit in like -new condition. 5.1.3 Should the manufacturer's standard warranty exceed the minimum State warranty requirements, the manufacturer's warranty will run in conjunction with and enhance the State's warranty, then continue for the remainder of its term. 5.1.4 For clarification, warranty does not apply to normal wear and tear or maintenance items, accident damages, misuse of equipment or failure to operate or maintain equipment as prescribed by vendor/manufacturer. 5.1.5 Warranty on Attachments: Same as Standard Warranty Package. 5.1.6 In -Service Date: Warranty on vehicles not placed in service immediately upon receipt because of time lag to construct body components and/or installation of special equipment, or due to seasonal usage or other delay, shall be warranted from the date the vehicle is placed in service. The receiving agency shall notify the vendor/manufacturer in writing of the actual "in service" date. Notification of the requirement for delayed warranty will be provided on delivery orders whenever possible. 5.2 Warranty Claims: 5.2.1 Warranty will be provided at the unit's assigned (in-service) location. Because of the remote location of some equipment it is not always practical to deliver equipment to authorized warranty repair facilities. In these cases, the vendor may perform warranty work at the state's location or, the State of Alaska, at its discretion, reserves the right to perform the warranty work and be reimbursed by the vendor. If travel is required by State personnel to perform the work, actual costs will be used for reimbursement. 5.2.2 The State of Alaska has established a warranty procedure whereby the vendor is to be notified via letter, email, or fax, that warranty work needs to be performed. If time is of the essence, a telephone call confirmed by one of the above written procedures may be utilized. 5.2.3 The vendor must notify the state within 24 hours of verbal or written notification that it will begin to perform the warranty work at the equipment location. 5.2.4 The State may, at its discretion, proceed to make warranty repairs with its own work force in the case of emergency situation or to preclude excessive downtime (greater than 24 hours). The State will require a PO to perform the warranty work. 5.2.5 Failure to notify the State that the vendor intends to begin to perform warranty is considered a contractual breach. 5.2.6 The vendor will be invoiced for required warranty work performed by the state. Warranty work performed by the state will be charged at the current SEF shop labor rate at the time of the repair. Actual repair time will be used. 5.3 Warranty Performed by Vendor: 5.3.1 The State will reimburse travel costs not reimbursed by the manufacturer for travel to and from the bidder's closest warranty service center within the State of Alaska to the location of the equipment under warranty. Travel costs will be billed as follows: Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page �l of 12 SECTION I TERMS & CONDITIONS 5.3.1.1 Mileage will only be reimbursed for travel within Alaska at the rate allowable by the IRS. 5.3.1.2 Meals are paid at actual and charges must be accompanied by receipts and are not to exceed the State authorized $60.00 per day. 5.3.1.3 Transportation, such as airfare, shall be reimbursed at actual and all charges are to be accompanied by a receipt/copy of the coach ticket. 5.3.1.4 Lodging shall be reimbursed at actual and shall not exceed $150.00 per night unless no other lodging is available. Requests for reimbursement must be accompanied by a receipt. 5.3.2 Travel will only be reimbursed for time in Alaska. 5.3.3 After hours, weekend and holiday travel must be approved by the contracting officer to be considered for reimbursement. The State will not pay for weather delays. 5.4 Authorized Warranty (Contractor/Bidder): 5.4.1 Contractor (bidder) must have Authorized Warranty Dealer that has all required licenses, facilities and factory certified and trained personnel necessary to perform the warranty servicing and repair work. 5.4.1.1 Provide name and address for each Authorized Warranty Dealer for each location. (*) Kendall Ford of Anchorage, 1950 Gambell Street, Anchorage, AK 99501 866-591-3517 5.4.1.2 Provide contact name and contact information for Warranty Administrator: (*) Kendall Ford of Anchorage, 1950 Gambell Street, Anchorage, AK 99501 866-591-3517 All Technicians are Ford Certified. 5.4.1.3 Provide documentation of factory certified and trained personnel: (*) All Technicians are Ford Certified 5.4.2 The ultimate responsibility for warranty lies with the contractor (bidder). 5.4.3 The State reserves the right to inspect the warranty facility and diagnostic equipment prior to issuing the Notice of Intent to Award a contract. 5.5 Factory Recall: 5.5.1 Nationwide factory recall or product update programs are the responsibility of the vendor and/or manufacturer. The State will attempt to bring affected equipment to an authorized repair facility. However, because of the remoteness of some equipment this is not always practicable or economical. In such cases, factory recall and modification work will be handled the same as warranty work. Factory recall notices sent to the state should, in addition to serial number, include model. vear. and dealer. 6.0 REPAIR ORDERS AND DOCUMENTATION: 6.1 Any work performed by the contractor or approved subcontractor, whether warranty or any other work on a piece of equipment purchased under this ITB, will require a copy of the repair order, any invoices showing parts and commodities including oils and types used. 7.0 PUBLICATIONS: 7.1 Owner's Manual Paper publications are to be received by the State at the time of delivery. Delivery will not be considered complete until the publications for each unit have been received by the State of Alaska. 7.2 Quantities: 1 each 7.3 Service Bulletins, Etc.: The successful bidder must provide appropriate service bulletins, technical support bulletins, service letters, product support bulletins, and/or any other information type notifications that are sent out to the vendor or used by the manufacturer in the maintenance and report of the vehicle, equipment or attachments being provided. The intent of this clause is that the State of Alaska be provided notification of any and all changes or improvement's that may affect the maintenance, reliability, longevity, and safety of our equipment. 8.0 STATEMENT OF ORIGIN: The bidder will be required to furnish a Manufacturer's Statement of Origin for Automotive or Non -Automotive rolling stock for each unit. All such documents shall be delivered with the invoice to: DOT&PF, HQ State Equipment Fleet 5420 Dr. Martin Luther King Jr. Avenue Anchorage, Alaska 99507 9.0 WEIGHT VERIFICATION SLIPS: If required in the Bid Price Schedule, a weight scale ticket of the completed unit Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page Yof 12 SECTION I TERMS & CONDITIONS will be included with the Statement of Origin. 10.0 PRICE: 10.1 Price Guarantee: The Contractor is responsible to maintain prices under the contract firm for 180 days after bid opening. All price increases or decreases must remain firm for the following 180 days. 10.2 NO RETROACTIVE PRICE INCREASES WILL BE ACCEPTED. 10.3 Price adjustments, increases or decreases, for subsequent orders, may be made by providing the Contracting Officer satisfactory evidence that all of the following conditions exist: 10.3.1 The increase is a result of the increased cost at the manufacturer's level and not costs under the contractor's control: 10.3.2 The increase will not produce a higher profit margin for the contractor than that on the original contract. 10.3.3 The increase affects only the item(s) that are clearly identified by the contractor. 10.3.4 Satisfactory forms of the evidence of the above facts may include a certified invoice from the manufacturer, or an affidavit from an independent professional price -tracking firm that is recognized by the industry as reputable and knowledgeable. The contractor must be able to show the difference between the prior year's price and the current difference in the price being requested. 10.4 Price Decreases: During the period of the contract, the Contractor must pass on to the state all price decreases, such as fleet rebates. A Contractor's failure to adhere strictly and faithfully to this clause will be considered a material breach of contract. The state reserves the right to cancel the contract if the contractor fails to properly perform the duties set out herein. 10.5 Manufacturer's Rebate (Incentives): 10.5.1 In any circumstance during or prior to completion of the contract, whereupon the State of Alaska becomes eligible to receive a rebate for any vehicle purchased under this contract, it shall be the BIDDER'S responsibility to inform the Contracting officer in writing and to advise the procedures for obtaining such rebates. 11.0 REPLACEMENT PARTS AND REPAIRS: 11.1 This contract encompasses a full parts and labor contract for manufacturer parts and repairs for the entire warranty period. 11.2 The State of Alaska shall expect the dealer or manufacturer to provide replacement wear parts at their authorized warranty facilities for the entire warranty period within seven (7) days of order. All other parts must be available within ten (10) working days. 11.3 Back order procedures: Back orders are acceptable; however, the ordering shop shall be appraised at time of original orders as to the expected delay in delivery. 11.4 Warranty: All products supplied by the contractor shall be warranted against defects in materials and workmanship for a minimum of 90 days, commencing at the time of installation as long as the installation is within 12 months of purchase. The cost of any defective product and the labor required to replace the defective product shall be the obligation of the contractor. 11.4.1 If the manufacturer's warranty exceeds the stated warranty then manufacturer's warranty supersedes. 11.4.2 Parts Return: Within 12 months of the invoice date, the State is to be allowed to return new parts with full refund, less actual shipping charges. Cores returned within 12 months of original invoice date will receive full core credit. Returned parts will be in new, resalable condition. Refund will be in the form of a credit/invoice credited to the SOA account with the vendor. 11.4.3 Invoicing: Full description of item is required on all invoices, packing lists and billings. CONDITIONS: 12.0 AUTHORITY: This ITB is written in accordance with AS 36.30 and 2 AAC 12. 13.0 COMPLIANCE: In the performance of a contract that results from this ITB, the contractor must comply with all applicable federal, state, and borough regulations, codes, and laws; be liable for all required insurance, licenses, permits and bonds; and pay all applicable federal, state, and borough taxes. 14.0 SUITABLE MATERIALS, ETC.: Unless otherwise specified, all materials, supplies or equipment offered by a bidder shall be new, unused, and of the latest edition, version, model or crop and of recent manufacture. Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page Hof 12 SECTION I TERMS & CONDITIONS 15.0 SPECIFICATIONS: Unless otherwise specified in the ITB, product brand names or model numbers specified in this ITB are examples of the type and quality of product required, and are not statements of preference. If the specifications describing an item conflict with a brand name or model number describing the item, the specifications govern. Reference to brand name or number does not preclude an offer of a comparable or better product, if full specifications and descriptive literature are provided for the product. Failure to provide such specifications and descriptive literature may be cause for rejection of the offer. 16.0 FIRM OFFER: For the purpose of award, offers made in accordance with this ITB must be good and firm for a period of ninety (90) days from the date of bid opening. 17.0 CONTRACT FUNDING: Bidders are advised that funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations for succeeding purchases and/or additional terms of the contract are subject to the availability and appropriation of funds. 18.0 CONFLICT OF INTEREST: An officer or employee of the State of Alaska may not seek to acquire, be a party to, or possess a financial interest in, this contract if (1) the officer or employee is an employee of the administrative unit that supervises the award of this contract; or (2) the officer or employee has the power to take or withhold official action so as to affect the award or execution of the contract. 19.0 ASSIGNMENT(S): Assignment of rights, duties, or payments under a contract resulting from this ITB is not permitted unless authorized in writing by the procurement officer of the contracting agency. Bids that are conditioned upon the State's approval of an assignment will be rejected as nonresponsive. 20.0 SUBCONTRACTOR(S): Within five (5) working days of notice from the state, the apparent low bidder must submit a list of the subcontractors that will be used in the performance of the contract. The list must include the name of each subcontractor and the location of the place of business for each subcontractor and evidence of each subcontractor's valid Alaska business license. 21.0 FORCE MAJEURE: (Impossibility to perform): The parties to a contract resulting from this ITB are not liable for the consequences of any failure to perform, or default in performing, any of its obligations under the contract, if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of, and without the fault or negligence of, the respective party. For the purposes of this ITB, Force Majeure will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power; lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use of materials or labor required; inability to secure materials, machinery, equipment or labor because of priority, allocation or other regulations of any governmental authorities. 22.0 CONTRACT EXTENSION: Unless otherwise provided in this ITB, the State and the successful bidder/contractor agree: (1) that any holding over of the contract excluding any exercised renewal options, will be considered as a month -to -month extension, and all other terms and conditions shall remain in full force and effect and (2) to provide written notice to the other party of the intent to cancel such month -to -month extension at least thirty (30) days before the desired date of cancellation. 23.0 DEFAULT: In case of default by the contractor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and hold the contractor responsible for any resulting excess cost and may seek other remedies under law or equity. 24.0 DISPUTES: If a contractor has a claim arising in connection with a contract resulting from this ITB that it cannot resolve with the State by mutual agreement, it shall pursue a claim, if at all, in accordance with the provisions of AS 36.30.620 — 632. 25.0 CONSUMER ELECTRICAL PRODUCT: AS 45.45.910 requires that "...a person may not sell, offer to sell, or otherwise transfer in the course of the person's business a consumer electrical product that is manufactured after August 14, 1990, unless the product is clearly Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page lof 12 SECTION I TERMS & CONDITIONS marked as being listed by an approved third party certification program." Electrical consumer products manufactured before August 14, 1990, must either be clearly marked as being third party certified or be marked with a warning label that complies with AS 45.45.910(e). Even exempted electrical products must be marked with the warning label. By signature on this bid the bidder certifies that the product offered is in compliance with the law. A list of approved third party certifiers, warning labels and additional information is available from: Department of Labor and Workforce Development, Labor Standards & Safety Division, Mechanical Inspection Section, P.O. Box 107020, Anchorage, Alaska 99510-7020, (907)269-4925. 26.0 SEVERABILITY: If any provision of the contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular provision held to be invalid. 27.0 GOVERNING LAW; FORUM SELECTION: A contract resulting from this ITB is governed by the laws of the State of Alaska. To the extent not otherwise governed by section 17 of these Standard Terms and Conditions, any claim concerning the contract shall be brought only in the Superior Court of the State of Alaska and not elsewhere. 28.0 NEW EQUIPMENT: Equipment and components offered in response to this ITB must be new equipment. New equipment means equipment that is currently in production by the manufacturer and is still the latest model, edition or version generally offered. The equipment must be warranted as new by the manufacturer and may not have been used for any purpose, other than display (not demonstration), prior to its sale to the state. The state will not accept remanufactured, used, or reconditioned equipment. It is the contractor's responsibility to ensure that each piece of equipment and components delivered to the state complies with this requirement. A contractor's failure to comply with this requirement will cause the state to seek remedies under breach of contract. 29.0 ACCESSORIES: When accessories are supplied, they must be certified to be compatible with the rest of the equipment. Certification will be written evidence satisfactory to the state that the accessories are compatible. The bidder's failure to supply this evidence within the time required by the state will cause the state to consider the bid non -responsive and reject the bid. 30.0 BRAND SPECIFIC: Certain items may be designated brand specific. When an item is so designated no substitutions for the brand and model specified will be allowed. 31.0 INSPECTION: Equipment offered for lease may be subject to inspection and approval by the state prior to the award of the ITB. The equipment and attachments must be in good repair and capable of performing the work for which they were designed. 32.0 ALTERATIONS: The contractor must obtain the written approval from the contracting officer prior to making any alterations to the specifications contained in this ITB. The state will not pay for alterations that are not approved in advance and in writing by the contracting officer. 33.0 DISCONTINUED ITEMS: In the event an item is discontinued by the manufacturer during the life of the contract, another item may be substituted, provided that the contracting officer makes a written determination that it is equal to or better than the discontinued item and provided that it is sold at the same price or less than the discontinued item. 34.0 ITEM UPGRADES: The state reserves the right to accept upgrades to models on the basic contract when the upgrades improve the way the equipment operates or improve the accuracy of the equipment. Such upgraded items must be at the same price as the items in the basic contract. 35.0 DELIVERY TIME: The elapsed time between the time the state places an order and the time that order is actually shipped from the contractor's place of business must be entered in space provided under "Bid Schedule". This processing time is to remain constant throughout the life of the contract(s). 36.0 DELIVERY CONFIRMATION: Bidders must obtain a confirmation from the manufacturer that the items offered are scheduled for production in sufficient time to meet the scheduled delivery dates. A copy of the manufacturer's confirmation may be included with Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page b5of 12 SECTION I TERMS & CONDITIONS the bid or submitted within 10 days of the state's request. The bidder's failure to provide the manufacturers confirmation as required will cause the state to consider the bid non -responsive and reject the bid. 37.0 THIRD -PARTY FINANCING AGREEMENTS NOT ALLOWED: Because of the additional administrative and accounting time required of state agencies when third party financing agreements are permitted, they will not be allowed under this contract. 38.0 CONTINUING OBLIGATION OF CONTRACTOR: Regardless of the terms and conditions of any third -party financing agreement, the contractor agrees that none of its responsibilities under this contract are transferable and that the contractor alone will continue to be solely responsible until the expiration date of the contract. Such responsibilities include, but are not limited to, the provision of equipment, training, warranty service, maintenance, parts and the provision of consumable supplies. By signature on the face page of this ITB the bidder acknowledges this requirement and indicates unconditional acceptance of this continuing obligation clause. 39.0 ESTIMATED QUANTITIES: The quantities referenced in this ITB are the state's estimated requirements and may vary more or less from the quantities actually purchased. The state does not guarantee any minimum purchase. Orders will be issued throughout the contract period on an as -needed basis. 40.0 SERVICE CHARGES: Regardless whether the contractor repairs equipment on -site or off -site, the state will not be liable for any charges associated with the repair of broken equipment, including, but not limited to, unhooking, disassembly, packaging, crating, repair, transportation, replacement, reassembly, or rewiring. 41.0 PARTS: Only parts designed for the purpose they are being used, and warranted as new, may be used in the repair of state equipment. 42.0 COMPLETION OF SERVICE: The service will not be complete and the equipment will not be considered serviced, repaired, or acceptable until it performs in compliance with the manufacturer's published performance specifications. 43.0 SERVICE TECHNICIAN QUALIFICATIONS: Bidders must provide evidence that the person performing the service work is a manufacturer's authorized service technician; or, the bidder may provide evidence that they have contracted with a manufacturer's authorized service technician to perform the service work. Acceptable evidence of the service technician's competence may take the form of a letter or certificate, signed by an authorized officer of the manufacturer, that the service technician has been trained and authorized by the manufacturer to provide manufacturer's authorized warranty service. The bidder's failure to provide the evidence mentioned above, within the time required by the state, may cause the state to consider the bid non -responsive and reject the bid. 44.0 WORKMANSHIP & MATERIALS: All work must be performed in a thorough and workmanlike manner and in accordance with current industry practices. The contractor will be held responsible for the quality of the finished item. The state will reject any item that does not meet the specifications of the ITB. Rejected items will be returned to the contractor at the contractor's risk and expense. 45.0 CONTRACT CANCELLATION: The state reserves the right to cancel the contract at its convenience upon 30 calendar day's written notice to the contractor. The state is liable only for payment in accordance with the payment provisions of this contract for services or supplies provided before the effective date of termination. 46.0 BILLING INSTRUCTIONS: Invoices must be billed to the ordering agency's address shown on the individual Purchase Order, Contract Award or Delivery Order, not to the Division of General Services. The ordering agency will make payment after it receives the merchandise or service and the invoice. Questions concerning payment must be addressed to the ordering agency. 47.0 CONTINUING OBLIGATION OF CONTRACTOR: Notwithstanding the expiration date of a contract resulting from this ITB, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance and parts availability requirements have completely expired. Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page 7of 12 SECTION I TERMS & CONDITIONS MANDATORY CONTRACT TERMS: 48.0 ALASKA BUSINESS LICENSE AND OTHER REQUIRED LICENSES: Prior to the award of a contract, a bidder must hold a valid Alaska business license. However, in order to receive the Alaska Bidder Preference and other related preferences, such as the Alaska Veteran and Alaskans with Disabilities Preference, a bidder must hold a valid Alaska business license at the time designated for bid opening. Bidders should contact the Department of Commerce, Community and Economic Development, Division of Corporations, Business, and Professional Licensing, P. O. Box 110806, Juneau, Alaska 99811-0806, for information on these licenses. Acceptable evidence that the bidder possesses a valid Alaska business license may consist of any one of the following: • copy of an Alaska business license; • certification on the bid that the bidder has a valid Alaska business license and has included the license number in the bid (see front page); • a canceled check for the Alaska business license fee; • a copy of the Alaska business license application with a receipt stamp from the state's occupational licensing office; or A sworn and notarized affidavit that the bidder has applied and paid for the Alaska business license. You are not required to hold a valid Alaska business license at the time bids are opened if you possess one of the following licenses and are offering services or supplies under that specific line of business: fisheries business licenses issued by Alaska Department of Revenue or Alaska Department of Fish and Game, liquor licenses issued by Alaska Department of Revenue for alcohol sales only, insurance licenses issued by Alaska Department of Commerce, Community and Economic Development, Division of Insurance, or Mining licenses issued by Alaska Department of Revenue. At the time designated for bid opening, all bidders must hold any other necessary applicable professional licenses required by Alaska Statute. 49.0 ALASKA BIDDER PREFERENCE: An Alaska Bidder Preference of five percent will be applied prior to evaluation. The preference will be given to a bidder who: • holds a current Alaska business license at the time designated for bid opening; • submits a proposal for goods or services under the name appearing on the bidder's current Alaska business license; • has maintained a place of business within the state staffed by the bidder, or an employee of the bidder, for a period of six months immediately preceding the date of the bid; • is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company (LLC) organized under AS 10.50 and all members are residents of the state, or is a partnership under AS 32.06 or AS 32.11 and all partners are residents of the state; and If a joint venture, is composed entirely of ventures that qualify under (1)-(4) of this subsection. (*) Alaska Bidder Preference Affidavit In order to receive the Alaska Bidder Preference, the bid must also include a statement certifying that the bidder is eligible to receive the Alaska Bidder Preference. If the bidder is a LLC or partnership as identified in (4) of this subsection, the affidavit must also identify each member or partner and include a statement certifying that all members or partners are residents of the state. If the bidder is a joint venture which includes a LLC or partnership as identified in (4) of this subsection, the affidavit must also identify each member or partner of each LLC or partnership that is included in the joint venture and include a statement certifying that all of those members or partners are residents of the state. Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page Fof 12 SECTION I TERMS & CONDITIONS 50.0 BIDDERS WITH DISABILITIES: The State of Alaska complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to participate in this procurement should contact the Division of Transportation at one of the following numbers no later than 10 days prior to bid opening to make any necessary arrangements. Telephone: 907.269.0793 Fax: 907.269.0801 TDD: 907.269.0713 COMPLIANCE WITH ADA: By signature of their bid the bidder certifies that they comply with the Americans with Disabilities Act of 1990 and the regulations issued thereunder by the federal government. Services or activities furnished to the general public on behalf of the state must be fully accessible. This is intended to ensure that agencies are in accordance with 28 CFR Part 35 Section 35.130 and that services, programs or activities furnished to the public through a contract do not subject qualified individuals with a disability to discrimination based on the disability. 51.0 PREFERENCE QUALIFICATION: In order to qualify for an Alaska Veterans Preference, Employment Program Preference, or Alaskans with Disabilities Preference, a bidder must add value by actually performing, controlling, managing, and supervising the services provided, or a bidder must have sold supplies of the general nature solicited to other state agencies, governments, or the general public. 52.0 CONTRACT PERFORMANCE LOCATION: By signature on their bid, the bidder certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States. If the bidder cannot certify that all work will be performed in the United States, the bidder must contact the procurement officer in writing to request a waiver at least 10 days prior to the deadline for receipt of bids. The request must include a detailed description of the portion of work that will be performed outside the United States, where, by whom, and the reason the waiver is necessary. Failure to comply with these requirements may cause the state to reject the bid as non -responsive, or cancel the contract. 53.0 HUMAN TRAFFICKING: By signature on their bid, the bidder certifies that the bidder is not established and headquartered or incorporated and headquartered in a country recognized as Tier 3 in the most recent United States Department of State's Trafficking in Persons Report. The most recent United States Department of State's Trafficking in Persons Report can be found at the following website: http://www.state.gov/g/tip/ Failure to comply with this requirement will cause the state to reject the bid as non -responsive, or cancel the contract 54.0 NOTICE OF INTENT TO AWARD: After the responses to this ITB have been opened and evaluated, a tabulation of the bids will be prepared. This tabulation, called a Notice of Intent to Award, serves two purposes. It lists the name of each company or person that offered a bid and the price they bid. It also provides notice of the state's intent to award a contract(s) to the bidder(s) indicated. A copy of the Notice of Intent will be mailed to each company or person who responded to the ITB. Bidders identified as the apparent low responsive bidders are instructed not to proceed until a Purchase Order, Contract Award, Lease, or some other form of written notice is given by the contracting officer. A company or person who proceeds prior to receiving a Purchase Order, Contract Award, Lease, or some other form of written notice from the contracting officer does so without a contract and at their own risk. 55.0 PAYMENT FOR STATE PURCHASES: Payment for agreements under $500,000 for the undisputed purchase of goods or services provided to a state agency, will be made within 30 days of the receipt of a proper billing or the delivery of the goods or services to the location(s) specified in the agreement, whichever is later. A late payment is subject to 1.5% interest per month on the Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page Pof 12 SECTION I TERMS & CONDITIONS unpaid balance. Interest will not be paid if there is a dispute or if there is an agreement that establishes a lower interest rate or precludes the charging of interest. 56.0 CONTRACT ADMINISTRATION: The administration of this contract is the responsibility of State Equipment Fleet, Contracting Officer, Department of Transportation. 57.0 SHIPPING DAMAGE: The state will not accept or pay for damaged goods. The contractor must file all claims against the carrier(s) for damages incurred to items in transit from the point of origin to the ultimate destination. The state will provide the contractor with written notice when damaged goods are received. The state will deduct the cost of the damaged goods from the invoice prior to payment. The contractor must file all claims against the carrier(s) for reimbursement of the loss. 58.0 INDEMNIFICATION: The contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the contractor under this agreement. The contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the contractor and the independent negligence of the Contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "Contractor" and "Contracting agency', as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the Contracting agency's selection, administration, monitoring, or controlling of the contractor and in approving or accepting the contractor's work. 59.0 INSURANCE: Without limiting contractor's indemnification, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the contracting officer prior to beginning work and must provide for a notice of cancellation, non -renewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21. Proof of insurance is required for the following: Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the state. Commercial General Liability Insurance: covering all business premises and operations used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence. Commercial Automobile Liability Insurance: covering all vehicles used by the contractor in the performance of services under this agreement with minimum coverage limits of $300,000 combined single limit per occurrence. Failure to supply satisfactory proof of insurance within the time required will cause the state to declare the bidder non -responsible and to reject the bid. 60.0 BRAND AND MODEL OFFERED: Unless otherwise specified, when brand names and model numbers are used to specify the type and quality of the goods desired, bidders must clearly indicate the brand names and model numbers they intend to provide. The bidder's failure to identify the brand and model offered will cause the state to consider the offer non -responsive and reject the bid. 61.0 ANNOTATED LITERATURE: Bidders must annotate their product literature to identify for the state the location of the supporting information Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page '16 of 12 SECTION I TERMS & CONDITIONS regarding each product specification set out in this ITB. A bidder's failure to comply with this clause, within the time set by the state, will cause the state to consider the offer non -responsive and reject the bid. 62.0 SUPPORTING INFORMATION: The state strongly desires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made by the contracting officer that the product offered meets the ITB specifications and that other requirements of the ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the state reserves the right to request supplemental information from the bidder, after the bids have been opened, to ensure that the products offered completely meet the ITB requirements. The requirement for such supplemental information will be at the reasonable discretion of the state and may include the requirement that a bidder will provide a sample product(s) so that the state can make a first-hand examination and determination. A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the state, will cause the state to consider the offer non -responsive and reject the bid. 63.0 FIRM, UNQUALIFIED AND UNCONDITIONAL OFFER: Bidders must provide enough information with their bid to constitute a definite, firm, unqualified and unconditional offer. To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of the ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in the ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non -responsiveness. 64.0 LOCAL AGRICULTURAL AND FISHERIES PRODUCT PREFERENCE: By signature of the bid and by checking the Agricultural and Fisheries Product Preference box beneath each line item, the bidder certifies that the product offered meets the requirements of AS 36.15.050 and is entitled to a preference in accordance with the provisions of that statute. 65.0 ALASKA PRODUCT PREFERENCE: Bidders who offer products which have received certification by the Department of Commerce and Economic Development and that are listed in the current published edition of the "Alaska Products Preference List" will receive this preference. In order to qualify for the Alaska Product Preference, a bidder must provide the qualified product on a 100% basis. There are no provisions under Alaska Statutes or regulations that allow for product ex- changes/substitutions, or permit the product to be co -mingled with other products. Rather, AS 36.30.330 provides for a penalty for failing to use the designated Alaska products. Products are classified in one of three categories: Class I products receive a three percent preference. Class II products receive a five percent preference. Class III products receive a seven percent preference. Bidders must check the correct preference box beneath each line item. When the bids are evaluated, the preference percentage will be deducted from the bid price. If a bidder fails to check one of the product preference boxes, no preference will be given. 66.0 NONDISCLOSURE AND CONFIDENTIALITY: Contractor agrees that all confidential information shall be used only for purposes of providing the deliverables and performing the services specified herein and shall not disseminate or allow dissemination of confidential information except as provided for in this section. The contractor shall hold as confidential and will use reasonable care (including both facility physical security and electronic security) to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, the confidential information. "Reasonable care" means compliance by the contractor with all applicable federal and state law, including the Social Security Act and HIPAA. The contractor must promptly notify the state in writing if it becomes aware of any storage, disclosure, loss, unauthorized access to or use of the confidential information. Confidential information, as used herein, means any data, files, software, information or materials (whether prepared by the state or its agents or advisors) in oral, electronic, tangible or intangible form and however stored, compiled or memorialized that is classified confidential as defined by State of Alaska classification and categorization guidelines (i) provided by the state to the contractor or a contractor agent or otherwise made available to the contractor or a contractor agent in connection with this contract, or (ii) acquired, obtained or learned by the contractor or a contractor agent in the performance of this contract. Examples of confidential information include, but are not limited to: Section /- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Pagel of 12 SECTION I TERMS & CONDITIONS technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data (infrastructure, architecture, operating systems, security tools, IP addresses, etc.). If confidential information is requested to be disclosed by the contractor pursuant to a request received by a third party and such disclosure of the confidential information is required under applicable state or federal law, regulation, governmental or regulatory authority, the contractor may disclose the confidential information after providing the state with written notice of the requested disclosure ( to the extent such notice to the state is permitted by applicable law) and giving the state opportunity to review the request. If the contractor receives no objection from the state, it may release the confidential information within 30 days. Notice of the requested disclosure of confidential information by the contractor must be provided to the state within a reasonable time after the contractor's receipt of notice of the requested disclosure and, upon request of the state, shall seek to obtain legal protection from the release of the confidential information. The following information shall not be considered confidential information: information previously known to be public information when received from the other party; information freely available to the general public; information which now is or hereafter becomes publicly known by other than a breach of confidentiality hereof; or information which is disclosed by a party pursuant to subpoena or other legal process and which as a result becomes lawfully obtainable by the general public. Section I- Terms & Conditions SEF-2217 Contract for Ford Police Vehicles Page l� of 12 SECTION II SPECIFICATION SPECIFICATION 100.0 GENERAL SPECIFICATION: It is the purpose of this specification to describe a new, and of the manufacturer's latest current production model and design, Police Vehicles. Referenced Standards: The unit provided is required to meet all current federal and state regulations such as, but not limited to, EPA emissions, FMVSS, and CFR. Certain ISO, SAE, and other consensus standards may be referenced in this specification. Unless otherwise specified, the latest version of each standard is to be understood. Such standards apply to this specification whether or not they are required by statutes or administrative law. Standard Components: All components and accessories advertised in the manufacturer's current model year brochure and specifications as standard, unless superseded by these specifications, shall be provided with the unit. Necessary Components: Contractors shall provide any components, hardware, or part necessary for proper assembly, installation, and operation even though that item(s) is not specifically described in the bid specifications. This includes all fittings, couplers, brackets, adapters, etc. Bidders shall include the cost of such components, hardware, and parts in the bid price. Documentation Required: A basic manufacturer's product brochure describing the Police Vehicles are to be provided with your bid package. Specifications marked with an asterisk (*) require supporting documentation in the form of a product brochure, manufacturer's technical data sheet, or a letter of clarification which indicates specifically what the bidder intends to supply in regard to said items and/or how specifications will be met. In order to help prevent technical errors, following each asterisked item is space that may be used to address the asterisked items. It is required that a letter of clarification or the space behind the asterisked items be used to supply the required information. LOT 1 UNIT TYPE: Ford Explorer, AWD, Police Interceptor APPLICATION: To be used by the Alaska State Troopers in pursuit as well as patrol duties. Weather variance from plus 100 degrees to minus 50 degrees Fahrenheit. 1.0 Engine: Gas, 3.3L V6 1.1 Gas, 3.OL Ecoboost V6 (*) OPTIONAL ITEM- Pricing is required: 1.2 Engine hour meter and hour idle meter 2.0 Transmission: 10-speed Automatic 3.0 Full time intelligent all -wheel drive 4.0 Starting Aids: 4.1 Engine Block Heater 5.0 Independent front and rear suspensions 6.0 Brakes: 4-wheel heavy duty disc with police calibrated Anti -Lock Brake System. 7.0 Tires: Tires shall have a speed rating of V (149mph) or higher, with matching, full size spare tire and wheel securely mounted. 7.1 Individual tire pressure monitoring system 8.0 Body: Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagYi of 7 SECTION II SPECIFICATION 8.1 Four (4) Doors 8.2 Wheelbase: 119.1 Inches 8.3 Overall Length: 198.8 Inches 8.4 Front license plate bracket 8.5 Locking glove box 8.6 Glass: Solar -tinted first row and privacy glass 2nd row and rear cargo area 8.7 OEM Skid Plate Package 8.8 Vinyl flooring, with removable floor mats 8.9 Cruise Control 8.10 Tilt Steering wheel 8.11 Power windows 8.11.1 Rear windows controlled by driver only 8.12 Dual —zone electronic automatic temperature control 8.13 Rear window defroster 8.14 AM/FM stereo with Bluetooth and USB port 8.15 Reverse sensing system 8.16 12 Volt power point 8.17 DC/DC converter, 220 amp 8.18 Police Perimeter Alert (*) OPTIONAL ITEM- Pricing is required: 8.19 Rear View Camera with washer 8.20 Rear camera activation on demand (*) OPTIONAL ITEM- Pricing is required: 8.21 Power heated side view mirrors 8.22 Recovery Hooks, 2 in front and 2 in rear 8.23 Trailer Towing Package with class III hitch 8.24 Supplemental restraint system for both driver and right front passenger 8.25 Seating: 5-passenger (including driver) 8.25.1 Driver's seat heavy duty cloth bucket seat with 6-way power and manual lumbar 8.25.2 Front passenger seat heavy duty cloth bucket seat 8.25.3 Steel intrusion plates in both front seat backs 8.25.4 11" space between driver's seat and front passenger seat for aftermarket console Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagYs of 7 SECTION II SPECIFICATION 8.25.4.1 Front console mounting plate 8.25.5 Vinyl rear split bench seat 8.25.6 Interior color to be black 8.26 Keys and Door Locks 8.26.1 OEM power door locks with master control for all doors installed in driver's door 8.26.2 Rear handles and locks to be inoperable 8.26.3 All cars and locks to be keyed alike for ignition, doors and trunk. To include four (4) keys with each unit 8.26.4 Remote Keyless -Entry key fob 8.27 Hood: 8.27.1 To have double safety latch with hood release inside car 8.27.2 To have under hood light controlled by a mercury switch 8.27.3 Hood to be non -reflective flat black vinyl wrapped, paint is not acceptable. (*) OPTIONAL ITEM- Pricing is required: 9.0 Lighting: 9.1 All interior lights and factory warning buzzers, such as: HEADLAMPS ON, SEAT BELT NOT FASTENED, KEY IN IGNITION, DOOR OPEN, DOOR AJAR, etc. to be deactivated OEM. 9.2 Headlights to have shatterproof type lens or have protective shatterproof covers 9.3 Front head lamp, automatic on/off with LED low and high beams 9.4 Head lamps to have wig -wag functionality 9.5 Rear tail lights LED 9.6 Spot Lamp with LED bulb too be mounted in left-hand pillar post. 9.6.1 To be independent of ignition on separate 20 amp fused circuit. 9.7 Red/White Dome Lamp —first row 9.8 Dark car feature - Ability to disable all interior and exterior automatic lighting OEM 9.9 Dash pass -through for aftermarket wiring 10.0 Miscellaneous: 10.1 Paint to be Oxford White 10.1.1 Optional exterior color other than white (*) OPTIONAL ITEM- Pricing is required: 10.2 Tool Kit: To be equipped with wheel wrench and jack 10.3 OEM Ballistic Door Panels, Driver Only (*) OPTIONAL ITEM- Pricing is required: 10.4 Ballistic Door Panels, Driver and Front Passenger, (*) OPTIONAL ITEM- Pricing is required: Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagP8 of 7 SECTION II SPECIFICATION LOT 2 UNIT TYPE: Ford Expedition, 4x4, Special Service Package APPLICATION: To be used by the Alaska State Troopers on patrol duties. Weather variance from plus 100 degrees to minus 50 degrees Fahrenheit. 1.0 Engine: Gas V6, 3.5L Eco Boost 2.0 Transmission: 10-speed Automatic 3.0 Full time intelligent all-wheel/4 wheel drive 4.0 Starting Aids: 4.1 Engine Block Heater 5.0 Brakes: 4-wheel disc brakes with anti -lock brake system 6.0 Tires: All season radial tires with a full size spare securely mounted on/in the unit (roof mounted is not acceptable) 6.1 Individual Tire Pressure Monitoring System 7.0 Body: 7.1 Four (4) Doors 7.2 Wheel base: 122.5 Inches 7.3 Overall Length: 210 Inches 7.4 Front license plate bracket 7.5 Privacy Glass 2nd row and cargo area 7.6 Skid Plate Package 7.7 Vinyl flooring, with removable floor mats 7.8 Cruise Control and Tilt Steering 7.9 Power windows and door locks 7.9.1 Rear windows controlled by driver only 7.10 AM/FM Stereo with Bluetooth and USB port 7.11 Rear View Camera with Backup Assist grid lines and washer 7.12 Side -view power heated mirrors with Security Approach lamps and integrated blind spot mirrors 7.13 Perimeter Alarm 7.14 Tow Hooks 7.15 Trailer Towing Package with Class IV Hitch 7.16 Supplemental restraint system for both driver and right front passenger 7.17 Seating: 5-passenger (including driver) 7.17.1 Front bucket seats with no console, cloth only 7.17.1.1 6 way power driver's seat with power lumbar Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagA of 7 SECTION II SPECIFICATION 7.17.2 Vinyl rear bench seat 7.17.3 3,d row 60/40 vinyl seat (*) OPTIONAL ITEM- Pricing is required: 7.17.4 2nd row 40/20/40 cloth seat (*) OPTIONAL ITEM- Pricing is required: 7.17.5 Interior color to be dark grey or black 7.18 Keys and Door Locks 7.18.1 OEM power door locks with master control for all doors installed in driver's door. 7.18.2 Inoperable rear door handles and locks 7.18.3 To include four (4) keys with each unit. 7.18.4 Remote keyless -entry key fobs (2) each 7.19 Hood: 7.19.1 To have double safety latch with hood release inside car. 7.19.2 To have under hood light controlled by a mercury switch. 10.4.1 Hood to be non -reflective flat black vinyl wrapped, paint is not acceptable. (*) OPTIONAL ITEM - Pricing is required: 8.0 Lighting: 8.1 All interior lights and factory warning buzzers, such as: HEADLAMPS ON, SEAT BELT NOT FASTENED, KEY IN IGNITION, DOOR OPEN, DOOR AJAR, etc. to be deactivated OEM. 8.2 Headlights to have shatterproof type lens or have protective shatterproof covers 8.3 Front head lamp, automatic on/off with LED low and high beams 8.4 Daytime running lights (*) OPTIONAL ITEM- Pricing is required: 8.5 Red/White Dome Lamp in cargo area 8.6 Dark car feature — Ability to disable all interior and exterior automatic lighting 8.7 Dash pass -through for aftermarket wiring 8.8 Spot Lamp — Incandescent Bulb: To be mounted in left-hand pillar post. To be independent of ignition on separate 20 amp fused circuit. (*) OPTIONAL ITEM- Pricing is required: 9.0 Miscellaneous: 9.1 Paint to be Oxford White 9.2 Optional exterior color (*) OPTIONAL ITEM- Pricing is required: 9.3 Tool Kit: To be equipped with wheel wrench and jack. Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagA of 7 SECTION II SPECIFICATION LOT 3 UNIT TYPE: Ford F-150 Police Responder APPLICATION: To be used by the Alaska State Troopers in pursuit as well as patrol duties. Weather variance from plus 100 degrees to minus 50 degrees Fahrenheit. 1.0 Engine: Gas 3.5L Eco Boost V6 2.0 Transmission: Electronic 10 speed automatic 3.0 Starting Aids: 3.1 Engine Block Heater 4.0 Brakes: To include anti -lock braking system and limited slip differential 5.0 Tires: Five (5) each, LT275/65R18 pursuit rated tires with spare tire and wheel securely mounted in rear 6.0 Body: 6.1 Four (4) Doors 6.2 Wheel base: 145" 6.3 Overall Length: 231.9" 6.4 Front license plate bracket 6.5 Rear Privacy glass (*) OPTIONAL ITEM- Pricing is required: 6.6 To include heavy duty insulated black rubber matting on full floor area including front and back of passenger areas. 6.7 Cruise Control & Tilt Steering OEM 6.8 Reverse Sensing (*) OPTIONAL ITEM- Pricing is required: 6.9 Back Up Alarm (*) OPTIONAL ITEM- Pricing is required: 6.10 Power windows and door locks 6.10.1 Rear door windows controlled by driver only, switch delete 6.10.2 Sliding Rear Window (*) OPTIONAL ITEM- Pricing is required: 6.11 AM/FM Stereo with Bluetooth and USB port 6.12 Rear view Camera 6.13 Side -view power heated mirrors 6.14 Tow Hooks 6.15 Trailer Towing Package with Class IV Hitch 6.16 Trailer brake controller (*) OPTIONAL ITEM- Pricing is required: 6.17 Power trailer towing mirrors (no heat) (*) OPTIONAL ITEM- Pricing is required: 6.18 Seating: 5 passenger (including driver) 6.18.1 40/Blank/40 front seats with Police grade heavy-duty cloth 6.18.2 Vinyl rear bench seat 6.18.3 Driver's seat to be 8-way power adjustable 6.18.4 Power Passenger seat (*) OPTIONAL ITEM- Pricing is required: 6.18.5 Interior color to be dark grey 6.19 Keys and Door Locks: Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagA of 7 SECTION II SPECIFICATION 6.19.1 OEM power door locks with master control for all doors installed in driver's door 6.19.2 Rear handles to be inoperable with locks inoperable 6.19.2.1 All rear seat area interior door handles to be removed and holes securely covered in a manner to match the interior. Rear doors must open from exterior only. Place the loose hardware and handles in the trunk for shipment with the vehicle 6.19.3 To include four (4) keys with each unit 6.19.4 Remote keyless -entry key fob 6.20 Hood: 6.20.1 To have double safety latch with hood release inside car 6.20.2 To have under hood light controlled by a mercury switch 6.20.3 Hood to be non -reflective flat black vinyl wrapped, paint is not acceptable. (*) OPTIONAL ITEM- Pricing is required: 7.0 Lighting: 7.1 All interior lights and factory warning buzzers, such as: HEADLAMPS ON, SEAT BELT NOT FASTENED, KEY IN IGNITION, DOOR OPEN, DOOR AJAR, etc. to be deactivated OEM 7.2 Headlights to have shatterproof type lens or have protective shatterproof covers 7.3 Front head lamps, automatic on/off with LED low and high beams 7.4 LED Rear tail lamps 7.5 Spot Lamp: to be mounted in left-hand pillar post. To be independent of ignition on separate 20 amp fused circuit (*) OPTIONAL ITEM- Pricing is required: 7.6 Dome light OEM 7.7 Dark car feature — Ability to disable all interior and exterior automatic lights 7.8 Daytime running lights (*) OPTIONAL ITEM- Pricing is required: 8.0 Miscellaneous: 8.1 Paint to be Oxford White 8.2 Tool Kit: To be equipped with wheel wrench and jack 8.3 Pickup bed extender (*) OPTIONAL ITEM- Pricing is required: 8.4 Pickup box steps (*) OPTIONAL ITEM- Pricing is required: 8.5 Tailgate Step (*) OPTIONAL ITEM- Pricing is required: Section ll- Specifications SEF-2217 Contract for Ford Police Vehicles PagO of 7 SECTION III BID SCHEDULE Description Cost FORD EXPLORER, AWD, Police Interceptor MODEL K8A Ford Explorer, 3.31- V6 White w/Black Hood $37,145.00 Ford Explorer, 3.31- V6, Random Color - 17 Color Choices $36,845.00 Engine 3.31- V6 Hybrid, V6 $3,530.00 Engine 3.OL, EcoBoost, V6 $4,320.00 Police Perimeter Alert $675.00 Rear Camera Activation on Demand $230.00 Flat Black Hood $300.00 Ballistic Door Panels, Driver Only $1,585.00 Ballistic Door Panels, Driver and Front Passenger $3,170.00 FORD EXPEDITION, 4x4, SPECIAL SERVICE PACKAGE MODEL U1G Ford Expedition, 4x4, Special Service Package, White w/Black hood $41,490.00 Ford Expedition, 4x4, Special Service Package, Random Color - 7 Color Choices $41,190.00 3rd Row 60/40 Vinyl Seat $815.00 2nd Row 40/20/40 Cloth Seat $110.00 Daytime Running Lights Standard Spot Lamp $425.00 FORD F-150, 4x4 POLICE RESPONDER SUPERCREW, MODEL W1P Ford F150, 3.51- V6 EcoBoose, White w/Black Hood ( trailer towing & block heater) $36,522.00 Ford F150, 3.51- V6 EcoBoost , Random Color (trailer towing & block heater) $36,222.00 Rear Privacy Glass $100.00 Reverse Sensing $275.00 Rear Window Defroster $125.00 Trailer Brake Controller $275.00 Power Trailer Towing Mirrors (no heat) $395.00 Power Passenger Seat $295.00 Spot Lamp $425.00 Daytime Running Lights $45.00 Spray in Bed Liner $595.00 Pick Up Bed Extender $250.00 Pick Up Box Steps $325.00 Tailgate Step $375.00 Running Boards $250.00 Section lll- Bid Schedule SEF-2217 Contract for Ford Police Vehicles Pagbs? of 2 SECTION III BID SCHEDULE BID SCHEDULE INSTRUCTIONS: All bids must include both unit pricing and extensions and be otherwise complete in the format requested. The materials, equipment or services bid will conform to and meet the requirements of the Contract Bid Documents and are hereby incorporated into this document. Publications: One (1) per vehicle, per Section I, paragraph 7.0. The actual F.O.B. point for pricing on all items purchased under this contract will be Anchorage, AK. Ownership of and title to the ordered items remains with the contractor until the items have been delivered at their final destination and are accepted by the State. For pricing purposes of this contract, the F.O.B. point is Anchorage Alaska REQUIRED DELIVERY OF ITEMS UNDER THIS CONTRACT: Maximum 180 days after receipt of order (ARO). Section lll- Bid Schedule SEF-2217 Contract for Ford Police Vehicles Pagb'� of 2 City of Seward 2022 Motor Pool Information Vehicles Budgeted for 2021 per 20/21 Budget (not yet expensed): Parks and Recreation Truck $ 40,000.00 Electric Excavator $ 288,675.00 Budgeted Vehicles Total: $ 328,675.00 $ (328,675.09) Subtotal: $ 1,706,618.04 Vehicles Budgeted for 2022 Budget (not yet expensed): Fire Command Vehicles Public Works Steamer Truck (used) Public Works Loader Electric Trucks (2) Electric Trailers (2) Budgeted Vehicles Total: $ 124,000.00 $ 100,000.00 $ 255,000.00 $ 120,000.00 $ 73,000.00 $ 672,000.00 $ (672,000.00) Subtotal: $ 1,034,618.04 Vehicles Approved and On Order: Approved Vehicles Total: $ 0 $ (0) Subtotal: $ 1,034,618.04 Transfers into the Motor Pool (for replacement vehicles): City Manager $ 4,500.00 Police Department $ 67,350.00 Fire Department $ 60000.00 Building Department $ 4,000.00 Street Operations $ 104,000.00 Snow and Ice $ 35,000.00 City Shop $ 8,000.00 Parks Maintenance $ 12,000.00 Campgrounds $ 9,500.00 TYC $ 10,500.00 Harbor $ 64,000.00 Parking $ 13,000.00 Electric $ 299,780.00 Water $ 5,150.00 Wastewater $ 5,150.00 Transfer in Total: $ 701,930.00 *Beginning balance is unaudited. The animal shelter loan is included in the balance. 701,930.00 `11 Motor Pool Interfund Loan Loan Purpose Loan Amount Interest Term Annual Balance Date Rate Payments 12/31/21 Seward General Hospital 10/4/06 $ 1,250,000 5.25% 2007- $ 98,576 $ 496,368 PERS Unfunded Liability2026 SMIC Purchase 330-ton 3/1/15 $ 1,029,087 0.00% 7/10 $ 98,008 $ 0** boat lift Animal Shelter 12/31/21 930,500 1 0.00% *Budgeted expense in Healthcare Enterprise Fund. **Originally was to be paid over 7 years, later revised by council to 10 years because the payment was too high. Council elected to pay off the loan with leftover grant money (Resolution 2019-023). Note: the motor pool has been funded and fully utilized the by the city for 29 years, since 1992. ILYA Resolution 2022-005 Documents: • Agenda Statement • Resolution 2022-005 • Attachments: o KPB Property Information o Seward City Code 7.05 `RX City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-005: Directing the City Manager to Enter into Negotiation to Purchase the Lots Owned by Thomas Gillespie, located at 2405 and 2413 Seward Highway, for the Future Location of the Public Works Shop Facility and to Begin the Required Appraisal Process Background and justification: The current Public Works Facility, located at 434 Sixth Avenue in Seward is beyond its useful life and in need of replacement. Additionally, the current site's most appropriate use has been identified to be for the purpose of residential development. As such, City Administration has determined the purchase of two lots; located at 2405 and 2413 Seward Highway, are the most suitable location to construct a new Public Works Facility. City Council held a Work Session on October 25, 2021 and discussed this negotiation. Other locations have been considered, including the adjacent lot which is owned by the City and currently used as a snow dump. However, this adjacent property would require approximately 45,000 cubic yards of fill material. This added cost as well as the impact on adjacent property owners suggest that the lots at 2405 and 2413 are the most appropriate location for the Public Works shop to be located. Following council approval to begin negotiations, the City Manager will also begin the appraisal process. Following negotiations, the required public hearing will be held on the resolution authorizing the sale and the essential terms and conditions of the acquisition are made available to the public. At the same meeting as the public hearing, the council will consider adoption of the resolution authorizing the acquisition and if necessary, a finding that the public interest will be served by disposing of the property for less than the appraised fair market value. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.10 "Enabling a more viable property use at the site of the existing Public Works Facility" Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): 0 Budgeted Line item(s): IRE H Not budgeted Not applicable Finance Director Signature: Attorney Review✓ I I Administration Recommendation RYes Not applicable e✓ Adopt Resolution Other: INO Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-005 A Resolution of the City Council of the City of Seward, Alaska, Directing the City Manager to Enter into Negotiation to Purchase the Lots Owned by Thomas Gillespie, located at 2405 and 2413 Seward Highway, for the Future Location of the Public Works Shop Facility and to Begin the Required Appraisal Process WHEREAS, Seward City Code 7.05.120 states the City Council may acquire real property through negotiation; and WHEREAS, the current Public Works Facility is beyond is useful life and needs to be replaced; and WHEREAS, during the October 25, 2021 Work Session, City Council discussed the possible acquisition of the lots located at 2405 and 2415 as the future site for a Public Works Facility; and WHEREAS, construction of a new Public Works Facility is a priority for the Seward community and the current facility is located on a site whose best use is for the purpose of residential housing; and WHEREAS, construction of a new Public Works Facility is listed on the City's Capital Improvement Plan with an expected completion date of 2023; and WHEREAS, following negotiations, the required public hearing will be held on the resolution authorizing the sale and the essential terms and conditions of the acquisition are made available to the public; and WHEREAS, at the same meeting as the public hearing, the council will consider adoption of the resolution authorizing the acquisition and if necessary, a finding that the public interest will be served by acquiring the property for less than the appraised fair market value. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the best interest of the City of Seward to purchase the properties by negotiation for the purpose of future construction and location of a Public Works Facility. Section 2. The City Manager is hereby authorized to proceed with negotiations for the terms and conditions of the acquisition of the parcels located at 2405 and 2413 Seward Highway, Seward Alaska 99664. CITY OF SEWARD, ALASKA RESOLUTION 2022-005 Section 3. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this tenth day of January 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor iNFA {' +� 144 Narth Bmkky Street, soldotna, Alaska 44GG9 Gillespie Replat_4.6 acres Legend • Mileposts [j City Limits — Highways Major Roads Roads Town Medium Yelume -.- Tawn Ww,Seasanal; Othar Proposed Parcels Image Red Bandyt Green, Band-2 Blue Bad 3 This map Is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate. current, or otherwise refiatge It is not to be used for navigation Notes Type any notes here DATE PRINTED: 10/4/2021 `110>:: General information GILLESPIE THOMAS W PO BOX 1514 SEWARD, AK 99664-1514 Property ID Address Document / Book Page Acreage 14502133 2405 SEWARD HWY 20080007300 4.6000 Owners Property ID Display Name Address 14502133 GILLESPIE RAYMOND A PO BOX 446 w, 14502133 GILLESPIE THOMAS W PO BOX 1514 14502133 WEIFORD CATHERINE A PO BOX 1514 Legal Description T IN R 1W SEC 34 Seward Meridian 5W THAT PORTION OF THE NE3/4 NEI/4 BOUNDED ON THE EAST BY THE ALASKA RAILROAD ROW & SEWARD HWY & ON THE SOUTH BY LOT 13 FORT R AYMOND SUB & ON THE NORTHEAST BY TRACT B OF DIECKGRAEFF-GILLESPIE REPLAT Value History Year Reason Assessed Land Structures Total 2021Main Roll Certification $295,000 $0 $295,000 2020 Main Roll Certification $295,000 $0 $295,000 2019 Main Roll Certification $576,600 $0 $576,600 2018 Main Roll Certification $501,400 $0 $501,400 201.7 Main Roll Certification S501,404 1 $0 $501,400 2015 Main Roll Certification $501,400 $0 $501,400 20LS Main Roll Certification $501,400 $0 $301 400 2014 Main Roll Certification $501,400 $0 $501,400 20L3 Main Roll Certification $501,400 $0 $501,400 2012 Main Roll Certification _ $501,400 $0 $501,400 2011 aln Roll Certification $193,300 $0 $193,300 2010 aln Roll Certification $193,300 $0 $193,300 2009 aln Roll Certification $234,600 $0 $234,600 2003 aln Roll Certification lain $187,700 $0 $187,700 2007 aln Roll Certification $187,700 $0 $187,700 2006 ain Roll Certification $187,700 $0 $187,700 2005 Roll Certification $187,700 $0 $187,700 2004 aln Roll Certification $187,700 $0 $187,700 2003 Mn Roll Certification $187,700 $0 $187,700 2002 Mn Roll Certification lain $187,700 $0 $187,700 2001 Roll Certification $187,700 $0 $187,700 DetailsLand Primary Use J Land Type Acres Eff Frontage Eff Depth Asd Value Primary Site 4.6000 0.00 0.00 1 $295,000 11034 T EN1,Vl r` Y Geographic fiiforrnation Systems d �g u 144 North B&nkley Street, Soldotna, AlasU 99669 Gillespie Replat 1.14 acres Legend • Mileposts r j City Limas — Highways Major Roads Roads Town Medium Volume Town Low Seasonal Other Proposed Parcels Image Red Band-1 Green San4_2 ® Blue Band_3 This map is a user generated static output from an Intemet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reriabre It is not to be used for navigation. Notes Type any notes here DATE PRINTED: 10/4/2021 WX GILLESPIE THOMAS W 1514 P4 BOXSEWARD, AK 1514-1S14 General Information Properly ID Address Document / Book Page Acreage 14502140 2413 SEWARD HWY 20120014890 1.1400 P arty ID Owners Display Name Address 14502140 GILLESPIE RAYMOND A PO BOX 446 1450214D GILLESPIE THOMAS W PO BOX 1514 14502140 WEIFORD CATHERINE A PO BOX 1514 Legal Description Description T IN R 1W SEC 34 Seward Meridian SW 2022017 FOREST ACRES SUB LEVEE REPLAT LOT B1 Year Reason Value History Assessed Land Structures Total 2021 ain Roll Certification $148,800 $0 $148,800 2020 Main Roll Certification $148,800 $0 $14B,800 2019 Main Roil Certification $226,900 $0 $226,900 2018 ain Roll Certification $197,300 $0 $197,300 2017 ain Roll Certification $197,300 $D $197,300 2016 Main Roll Certification $197,340 $0 $197,300 2015 Main Roll Certification $197,300 0 $197,300 2014 Main Roll Certification $197,300 $197,300 2013 Main Roll Certification $197,300 $0 $197,300 Prima Use Lend Time Land Details fwras EH Frontage Eff De th Asd Yalue Primary Site 1.1400 10.00 1 0.00 1 $148,800 'r411 Acquisition of Real Property SCC 7.05 7.05.120 Alternative means of real property acquisition or disposal. The city council may acquire or dispose of interest in real property by negotiation, public auction or sealed bid. 7.05.125 Public hearing and notice. Prior to disposition or acquisition of a real property interest by negotiation, public auction or sealed bid, a public hearing shall be held. Notice of the public hearing shall be published in a newspaper of general circulation in the city and shall be posted in at least three public places within the city. Both v posting and publication shall be done at least ten days prior to the hearing. 7.05.130 Terms and conditions to be made available. The notice of public hearing shall indicate where the public may obtain the essential terms and conditions of the proposed acquisition or disposition. A copy of the terms and conditions shall be maintained for inspection at the office of the city clerk for at least ten days prior to the hearing. 7.05.135 Authorizing resolution to approve terms and conditions. At any time after the hearing required in section 7.05.125, the council shall make a finding in an authorizing resolution AV that the essential terms and conditions and the method of acquisition or disposition are in the public interest. 7.05.150 Appraisal. (a) The city shall not sell any real property interest without first making an appraisal of the fair market value of that interest, unless the City Council finds that the public interest will not be served by an appraisal. (b) If an appraisal is made, the property interest shall not be disposed of for less than the appraised fair market value, unless the City Council finds by resolution that public interest will be served by disposing of the property interest for less than the appraised fair market value. January 2022 — resolution directing the manager to enter into negotiations to purchase the property and to start the appraisal process. Following negotiations — public hearing is held on the resolution authorizing the sale and the essential terms and conditions of the acquisition are made available to the public. At the same meeting as the public hearing, the council adopts the resolution authorizing the acquisition and if necessary, a finding that the public interest will be served by disposing of the property for less than the appraised fair market value. NOYA Resolution 2022-006 Documents: • Agenda Statement • Resolution 2022-006 • Attachments: o Water, Sewer, and Electric Infrastructure Map 41161 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Christy Terry, Mayor Liz DeMoss, City Council Member Agenda Item: Resolution 2022-006: Directing the City Manager to Create a Project Plan for the Expansion of Utility Infrastructure Which Will increase Residential Development within City Limits Background and justification: The City of Seward has a dramatic shortage of housing and feedback from community stakeholders has indicated that the supply is hundreds of homes short of meeting demand. This lack of market balance in residential home inventory is causing numerous negative downstream economic impacts. Local businesses have indicated that the lack of available housing is a primary barrier to economic development. Some illustrative examples of issues caused by this housing situation are difficulty to recruit a necessary level of workers, high turnover in current staff, and high cost of living implications. Meanwhile, the City of Seward is in a position to expand access to water, sewer, and electric services which would spur development. City Council would like to have the City Manager bring forth a project plan for how to best expand utility infrastructure for this purpose. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1: Economic Development, 3.2 Land Use, 3.3 Housing, 3.7 Public Facilities and Services, 3.9 Quality of Life Strategic Plan: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Finance Director Signature: -tiwA,, L Attorney Review-' Administration Recommendation RxYes x Adopt Resolution Not applicable Other: WE Sponsored by: Mayor Terry and Council Member DeMoss CITY OF SEWARD, ALASKA RESOLUTION 2022-006 A Resolution of the City Council of the City of Seward, Alaska, Directing the City Manager to Create a Project Plan for the Expansion of Utility Infrastructure Which Will Increase Residential Development Within City Limits WHEREAS, The City of Seward has a dramatic shortage of housing; and WHEREAS, The housing shortage is a primary barrier to economic development; and WHEREAS, Increasing the supply of residential inventory will have a positive impact on economic development, improve utilization of land, improve the housing availability, increase the base of utility customers and City revenue, and improve the quality of life in Seward; and WHEREAS, Seward residents, prospective Seward residents, local businesses, and other community stakeholders have requested the City take actions which will have a positive impact on residential development; and WHEREAS, The City of Seward is in a position to take meaningful action to expand utility infrastructure which will encourage residential development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council directs the City Manager to prepare a project plan for the expansion of utility infrastructure which will increase residential development within City limits. Section 2. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this tenth day of January 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor '04111 —AX AY— \ L-2 A APO VV —BA AQ AP UU C D AO OF4j / X-2 S II 4� J AI2 \\ X-1 \ AN _ _ � a�\\ AH �0\ Y-1 HH IE1 BE2 BF1 BF2 _ _ G w 2 E., ALL w G2 G �cn� AE 9� Z � GG BI BH I BG V a� 1 El AK x A AF1 AA AD F t Lot i ii -'• _ \_ a / r FFl FF2 c El `Lt Eq. 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"fi Aim, . .; rid 1,891..92d San itarySe erNet ork nline 017040 - Network Structures E Discharge Str4,c�:ure Diversion Chamber Diversion Point ,f Junction Chamber Lift Station Production Well Pump Station Split Manhole t;j Storage Basin I Tide Chamber WO Treatment Plant SanitarySewerNetworkOnline2017O4O3 - Clean Outs SanitarySewerNetworkOnline2017O4O3 - Manholes SanitarySewerNetorkOnline2C17O4O3 - Sewer Lateral Lines San itarySe er et orkOnline201704Q3 - Pressurized Mains SanitarySewerNet orkOnline2017O4O3 - Gravity Mai ns SanitarySewerNetorkOnline2O17O4Q3 - Detention Areas PAR'. WaterDisetributionNetworkOnline2017Q330 - Water Network Structures E.-closed Storage Faci itV ,,',, l'-1"eter Station r Production Well Pump Station Storage Basin WIF Treatment Plant WaterDistributio,nNetvvorkOnline 0170330 - Water Structures Enclosed Storage Fac- LA Meter Station s Other bb Production Well Pump Station :storage Basin Treatment Plant WaterbistributionN'etvvorkOnf ine2Ol 70330 - Hydrant M1 .2 0,,` of Service to In Service WatorDlstrlbutlon etvvorkOnline20170330 - ystem Valve dosec Opened WaterDistriburtionNetworkOnline2Ol7D3 0 Main 214 C1 ---------------- I yy � I 4 cp jI rI � I t , I L , I b �e A Y , c7 Yul !p'J per„ A O F tom. m b"y O e a S�iF P9 i la;DaI5 PeayaWAp - ---------- - I N y �c1 :44zc) Y ►4M Sponsored by: City Clerk CITY OF SEWARD, ALASKA RESOLUTION 2022-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY COUNCIL RULES OF PROCEDURES, RULE 16, TO REFLECT CHANGES MADE TO THE EVALUATION FORMS AND INTRODUCING NEW GOAL -SETTING FORMS FOR THE CITY ATTORNEY, CITY CLERK, AND CITY MANAGER WHEREAS, a City Council ad hoc committee was formed to review and update the evaluation forms and process for the city manager, city clerk, and city attorney; and WHEREAS, the committee's desire was to standardize the evaluation criteria and to make goal -setting more effective across all three positions; and WHEREAS, while each evaluation form measures the same specific objectives, council will continue to review each employee within the context of their specific job description; and WHEREAS, the changes are reflected in an amendment to Rule 16 of the City Council Rules of Procedure, Evaluation of Appointed Officials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby amends Rule 16 of the City Council Rules of Procedures by deleting the existing self -evaluation form and city council evaluation form, and replacing it with new forms as attached herein. Section 2. The City Council hereby amends Rule 16 of the City Council Rules of Procedures by adding a new goal -setting form as attached herein. Section 3. There is no change to the existing timing, workflow, or procedures of the evaluations, except that the goal -setting form may be used by the employee in the self -evaluation portion to offer suggestions, and then will be used by City Council as a tool to finalize the goals during individual evaluations. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10' day of January, 2022. 0411 Employee Performance Appraisal Form City Council Evaluation Employee Position Name: Title: Appraisal Period: Review Date: From: To: Evaluated Competencies p Exceeds Meets Needs Improvement Job knowledge Demonstrates knowledge of job tasks, techniques, skills, ❑ ❑ ❑ equipment, policies, and procedures Consistently demonstrates accuracy, neatness, Work quality thoroughness and work completeness. Met or is on track to ❑ ❑ ❑ meet established goals Demonstrates dependability in being available for work, to Reliability complete work properly, and complete work on time. The ❑ ❑ ❑ degree to which the employee is reliable, trustworthy, and persistent Creates long-term relationships by delivering value; helps Service excellence customers reach their goals; is consistent, proactive and ❑ ❑ ❑ establishes realistic expectations Shares information; works cooperatively in groups; supports Teamwork and builds consensus, focuses on group results; offers ❑ ❑ ❑ skills/abilities for the good of the team Acknowledges and assumes responsibility for actions, Accountability decisions, services and policies; reports, explains and ❑ ❑ ❑ answers for successes and failures The extent to which the employee makes decisions that are Judgment sound. The ability to base decisions on fact rather than ❑ ❑ ❑ emotion Expresses ideas clearly in writing and speaking; succinctly Communication explains concepts to others; provides balanced feedback; ❑ ❑ ❑ demonstrates sensitivity to the communication needs of others; listens well. Willingness to work harmoniously with others in getting a job Cooperation done. Readiness to respond positively to instructions and ❑ ❑ ❑ procedures Attendance Consistency in reporting to work daily and conforming to ❑ ❑ ❑ scheduled work hours The ability to analyze work, forecast, set goals and establish Plan & Organize priorities, develop plans of action, secure and budget ❑ ❑ ❑ resources The ability to create a motivating climate, achieve teamwork, Leadership train and develop, measure work in progress, and take ❑ ❑ ❑ corrective action. Completes employee performance appraises timely Decision -making The ability to make decisions and the quality and timeliness ❑ ❑ ❑ of those decisions 217 Form adopted January 2022 via Resolution 2022-007 9 Page 1 of 2 Employee Name Position Appraisal Period From: To: Noteworthy accomplishments during this review period: Action plan for areas needing improvement: Professional development goals/plan: Employee comments: Signatures Signatures below acknowledge that this form was discussed and reviewed. Employee signature: Mayor/Council signature: Job Description and Position Duties Outlined in Code: ❑ Attached Date: Date: 218 Form effective: January 1, 2021 • Page 2 of 2 Employee Performance Appraisal Form Employee Self -Evaluation Employee Position Name: Title: Appraisal Period: Review Date: From: To: Evaluated Competencies p Exceeds Meets Needs Improvement Job knowledge Demonstrates knowledge of job tasks, techniques, skills, ❑ ❑ ❑ equipment, policies, and procedures Consistently demonstrates accuracy, neatness, Work quality thoroughness and work completeness. Met or is on track to ❑ ❑ ❑ meet established goals Demonstrates dependability in being available for work, to Reliability complete work properly, and complete work on time. The ❑ ❑ ❑ degree to which the employee is reliable, trustworthy, and persistent Creates long-term relationships by delivering value; helps Service excellence customers reach their goals; is consistent, proactive and ❑ ❑ ❑ establishes realistic expectations Shares information; works cooperatively in groups; supports Teamwork and builds consensus, focuses on group results; offers ❑ ❑ ❑ skills/abilities for the good of the team Acknowledges and assumes responsibility for actions, Accountability decisions, services and policies; reports, explains and ❑ ❑ ❑ answers for successes and failures The extent to which the employee makes decisions that are Judgment sound. The ability to base decisions on fact rather than ❑ ❑ ❑ emotion Expresses ideas clearly in writing and speaking; succinctly Communication explains concepts to others; provides balanced feedback; ❑ ❑ ❑ demonstrates sensitivity to the communication needs of others; listens well. Willingness to work harmoniously with others in getting a job Cooperation done. Readiness to respond positively to instructions and ❑ ❑ ❑ procedures Attendance Consistency in reporting to work daily and conforming to ❑ ❑ ❑ scheduled work hours The ability to analyze work, forecast, set goals and establish Plan & Organize priorities, develop plans of action, secure and budget ❑ ❑ ❑ resources The ability to create a motivating climate, achieve teamwork, Leadership train and develop, measure work in progress, and take ❑ ❑ ❑ corrective action. Completes employee performance appraises timely Decision -making The ability to make decisions and the quality and timeliness ❑ ❑ ❑ of those decisions 219 Form adopted January 2022 via Resolution 2022-007 9 Page 1 of 2 Employee Name Position Appraisal Period From: To: Noteworthy accomplishments during this review period: Action plan for areas needing improvement: Professional development goals/plan: Employee comments: Signatures Signatures below acknowledge that this form was discussed and reviewed. Employee signature: Mayor/Council signature: Job Description and Position Duties Outlined in Code: ❑ Attached Date: Date: 220 Form effective: January 1, 2021 • Page 2 of 2 EM Emplovee Goal-Settinq Form Employee Name: Position Title: Review Date: For Calendar Year: Specific Goal: State specifically WHAT you want to achieve. Measure of success: How will you know that you have achieved your goal? Achievable/realistic objectives: What are the steps you will take to achieve your goal and what resources are required? Are these resources available or do they need to be obtained? Relevance: Why is this goal important to you, your department/team, or the City as a whole? Does this goal support the City of Seward's strategic goals and objectives and how? Timeliness: What is your timeframe for achieving your goal? 1. Specific goal: Measure of success: Achievable/realistic obiectives: Relevance: Timeliness: 2. Specific goal: Measure of success: Achievable/realistic objectives: Relevance: Timeliness: Page 1 of 2 Form adopted January 2022 via Resolution 2022-007 221 Employee Name: For Calendar Year: 3. Specific goal: Measure of success: Achievable/realistic objectives: Relevance: Timeliness- 4. Specific goal: Measure of success: Achievable/realistic objectives: Relevance: Timeliness: Employee's short- and long-term professional goals: Signatures Signatures below acknowledge that this form was discussed and reviewed. Employee signature: Date: Mayor/Council signature: Date: Page 2 of 2 Form adopted January 2022 via Resolution 2022-007 222 21 1 2. 1 3 c.� u�y �,�J EVALUATION PROCEDURES FOR leAk CITY ATTORNEY, CITY CLERK, WW AND CITY MANAGER 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. • To clarify and strengthen communication between the employee and the Council as it relates to their respective expectations for their position. • To serve as a method for gathering data relevant to subsequent personnel decisions. STATEMENT OF CITY COUNCIL'S RESPONSIBILITIES Evaluating the performance of the City Manager, the City Clerk, and the City Attorney is a significant responsibility of the City Council. Conducting an effective evaluation is hard work, but it does not have to be a bad experience. With a clear procedure and open lines of communication, chances are good that the experience will result in a more productive working relationship. FREQUENCY AND TIMING OF EVALUATIONS Evaluation is an ongoing process. To be most beneficial, it is suggested that evaluation sessions be held at least annually. Nothing in these evaluation procedures precludes the Council from exercising its authority to appoint or terminate the services of the City Manager, the City Attorney, or the City Clerk; or to exercise its authority as set forth in any employment contract with said employees. OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS Special Performance Evaluation Session: This ad hoc meeting may be scheduled at the will of the Council to provide feedback and address any areas needing improvement. There are no evaluation forms or standard processes defined for this evaluation since it is ad hoc. Annual Evaluation Session: This annual meeting should be scheduled in January, February and March of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This evaluation is regularly -scheduled and follows this process: 1. Self -Evaluation: The employee will be invited to complete a self -evaluation using his/her respective blank evaluation form as a guide. He/she may write comments rather than use the rating system if he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies of these self -evaluation reports to the council members no less than two (2) weeks prior to the actual Annual Evaluation Session. 2. Council Evaluation: No less than two (2) weeks prior to the employee's evaluation date, Ais doczamcni it a Public Record, Lacl Remised July 10, 2017 per Resolulion 2617-038. 223 EVALUATION PROCEDURES FOR CITY ATTORNEY, CITY CLERIC, ib 1? CITY MANAGER the City Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of the council members' scoring and comments will be assigned to two appointed council members; these two people form the tabulation team. Completed evaluation forms should be turned in to the tabulation team no less than three (3) days prior to the Annual Evaluation Session. 3. Evaluation 'Tabulation: The tabulation team will tally and average the scores, and combine all comments anonymously onto one tabulated evaluation form. This tabulated form should be made available for Council members at the Annual Evaluation Session, 4. Evaluation & Goal Setting In Executive Session: The Annual Evaluation Session will be held in Executive Session and the time scheduled for the Evaluation Session should be sufficient to do the job in a professional manner. "Round Robin" comments by Council members are permitted. It is also during the Annual Evaluation Session that the employee's goals are discussed and agreed upon by all parties. 5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation Session, the tabulation team should create a final draft of the employee's tabulated evaluation form that also includes the agreed -upon goals, tabulated score, and comments, and should meet with the employee to review. At this meeting, the tabulation team and the employee will sign the document as an acknowledgement of the understanding. The final step will be for Council to determine any personnel decisions as a result of the evaluation, to conduct an assessment of the evaluation process and suggest amendments to the procedures, if necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins. DISPOSITION OF EVALUATION FORMS Certain information concerning the performance of an individual being evaluated under these procedures is not a public record, except as described in this section, and is not subject to disclosure under AS 40.25. Individual Council evaluation forms and the employee's self -evaluation forms are to be destroyed after executive session by the tabulation team. These forms are not considered a public record. Overall tabulation forms and criteria forms are considered a public record, as well as these procedures and shall be maintained in the employee's contract folder. This dommew is a ftNfe^ Rerord 224 hut Revised Juh M,207perRrlrlwhm:n17V3H. CITY MANAGER EVALUATION CRITERIA Responsibilities & Goals Following are the primary responsibilities of the City Manager for the City of Seward: OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES • Manages workforce and mediates personnel issues. • Manages all finances, budgets and investments of the city. • Negotiates and/or reviews contracts and leases. • Ensures daily operations of city departments are within the goals set by the Council and the community. • Ensures the enforcement of city codes and ordinances. • Functions as the Incident Commander for major emergencies as detailed in the City's Emergency Operations Plan. • Verbal and written communications are thoughtful, clear and to the point. OVERSEES PROJECTS • Facilitates project development, coordination and prioritization. • Oversees all project implementation plans and budgets. • Monitors and reports projects status and budget to Council in a timely manner. • With the Finance Director, facilitates issuance of municipal bonds, as required. • Ensures contracts for projects are adhered. to. MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL • Encourages rapport that facilitates trust and cooperation. • Carries out directives of the body. • Disseminates complete and accurate information equally to all members in a timely manner. • Responds cooperatively to requests and advice. • Supports the actions of the elected body, both inside and outside of the organization, after a decision has been reached. • Works with Council to facilitate and develop their thoughts and ideas into cohesive policy. REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES • Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal legislators. • Acts as a point of contact for state and federal agencies. • Represents the city with other municipalities and municipal groups. • When requested, coordinates public meetings with outside agencies or groups that may have an impact on the community. • Skillfully and favorably represents the City to the press, radio and television. This document is a Public Record. OR CITY MANAGER EVALUATION CRITERIA Responsibilities & Goals j t�11►1[.1/ tt7 1111.1M!'i " i ® Is available for public comments, issues or complaints. ® Coordinates resolution of public issues or concerns. Makes an appropriate effort to maintain citizen satisfaction with services. ® Is responsive to citizen requests for information in a timely manner. ® Represents Council's positions/policies accurately and effectively to the public. ® Acts as an active liaison .with the business community to assist in maintaining current businesses, and strives to attract new businesses to the City. ® Manages the financial resources of the City to ensure the City maintains a sound financial condition. Has a sound approach to the budget preparation and review processes which aids Council in developing a realistic budget that is submitted on time. Effective in controlling costs through the economic utilization of manpower, materials, and equipment. ® Provides sufficient information on the current financial status ofthe City. ® Communicates concerns in a timely manner to the Council regarding issues that may significantly affect the City fiscally in theforeseeable future. 7UT dexumEw is a Public Rerard. 044: CITY ATTORNEY EVALUATION CRITERIA 1b Responsibilities & Goals Following are the primary responsibilities of the City Attorney for the City of Seward: ACTS AS CHIEF LEGAL CONSULTANT ® Advises City Council, City Manager and City Clerk on all matters of law. ® Drafts, or assists in the drafting of, ordinances, resolutions, contracts and agreements to be made or entered into by the City, as needed or required. Approves the form of ordinances. ® Represents the City in all action of law, unless otherwise deemed necessary. o Attends meetings as required. ® Keeps the City advised of developments in municipal law and actions in other communities and jurisdictions that may have an impact on the City's activities. MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL ® Responsive to direct requests from Council in a timely manner. ® Well prepared and knowledgeable about Council agenda items for which an attorney review was requested. ® Ensures legal advice is clearly understood. WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL o Adept at cost control. • Provides solutions and/or alternatives to legal problems and issues. ® Provides training on various matters, such as open meetings act, contracts, ordinance and resolution forms, etc. ® Consistent with maintaining the attorney -client privilege. This document is a Public Record. 227 CITY CLERIC EVALUATION CRITERIA Responsibilities & Goals Following are the primary responsibilities of the City Clerk for the City of Seward: OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERIC'S OFFICE • Keeps and maintains appropriate files and records of the City. • Keeps informed of matters which may require Council action. • Keep all ordinances, resolutions, agreements and contracts, when appropriate, of the City, and authenticates such records, as necessary. • Manages requests for public information. • Ensures staff members are properly trained in procedures of the office. • Shall attest the signature of the City Manager on all contracts, except as otherwise provided by code, as approved by Council. • Prepares travel documents and arrangements for Council members traveling on City business. MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL • Shall be the clerk of the Council. Shall attend all meetings of the Council (or a representative) and shall keep a record of its proceedings. • Encourages a rapport that facilitates trust and coordination with Council. • Disseminates complete accurate information that involves council action equally to all members in a timely manner. • Coordinates information, concerns, complaints from the public to Council members. • Provides equipment and training, if necessary, to Council members. • Acts as the Public lnfornration Officer during severe emergency operations and is the focal point for Council during emergency events. • Acts as the parliamentary advisor to the Council during Council meetings. • Coordinates and administers city elections, absentee voting, worker training and canvass boards effectively. • Administers all oaths of office and attests to the signature of the Mayor. • Coordinates the public broadcast of Council meetings and maintains the audio record of those meetings. OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS • Develops an annual budget for Council review that identifies operational needs. • Prepares a special project plan, implementation and budget for Council approval. • Maintains Council's annual budget. • Advises Council of needs for council chambers to provide adequate area for public meetings. MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC • Is the primary point of contact for public information requests, and is responsible for the timely return of the requests. • Provides information on public meetings and events. • is courteous and receptive to public concerns and complaints, and documents them for the affected department and Council review. This is a public record. 228 Resolution 2022-008 Documents: • Agenda Statement • Resolution 2022-008 • Attachments: o Parcel Report o Appraisal O City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Resolution 2022-008: Authorizing the Sale of Real Property located at 1911 Dora Way, also known as the Dora Way Playground by Sealed Bid as Provided by Seward City Code Background and justification: The city currently owns the Dora Way neighborhood park lot located at 1911 Dora Way (T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0840018 GATEWAY SUB AMENDED LOT 6 BLK 1) With the plans of Jesse Lee Home Property being converted to a community -oriented space, this park lot is a redundancy of resources in close proximity (370 ft). With the affordable, year-round housing shortage that currently exists the City needs to make every effort to provide opportunities to for additional housing development when possible opportunities arise. The intent would to post the sale of the lot by closed bid auction with the stipulation that an owner -occupied home is built that is consistent with the neighborhood. The property was appraised by MacSwain Associates at a value of $90,000 on August 3, 2021. The process set -forth in Seward City Code will be followed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2 Land Use, 3.2.1 Propose residential and commercial development within the City of Seward and its vicinity in accordance with community values, 3.2.1.2 Expand the opportunity for affordable, diverse, year-round housing through appropriate land use regulations, 3.3 Housing, 3.3.1 Encourage development of new housing in Seward, 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): 0 Budgeted Line item(s): 04916, Not budgeted X Not applicable Finance Director Signature: """+y► l` Attorney Review✓ I I Administration Recommendation x Yes Not applicable xeAdopt Resolution Other: 04911 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-008 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the Sale of Real Property located at 1911 Dora Way, also known as the Dora Way Playground by Sealed Bid as Provided by Seward City Code WHEREAS, the current and potential residents of Seward need affordable, year- round housing; and WHEREAS, the Comprehensive Plan encourages the development of new housing in Seward; and WHEREAS, the City of Seward owns the Dora Way Neighborhood Park lot located at 1911 Dora Way; and WHEREAS, the Seward City Code Section 7.05.120 states that the City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid; and WHEREAS, the property has been appraised at $90,000; and WHEREAS, the process in Seward City Code will be followed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council finds that is in the public interest to sell the real property located at 1911 Dora Way; Legal Description: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0840018 GATEWAY SUB AMENDED LOT 6 BLK 1 Section 2. The sale will be by sealed bid auction with a minimum bid of $90,000, with the requirements that the property be used to build a new single-family home, owner occupied as a primary residence, preserving the character of the neighborhood, and construction would begin within 24 months of the completion of the sale. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of January 2022. OWN Kenai Peninsula Borough GIs Division PARCEL REPORT 11/16/2021 3:07 PARCEL ID: 14535242 Total Acreage: 0.27 LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0840018 GATEWAY SUB AMENDED LOT 6 BLK 1 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 1911 DORA WAY LAND VALUE: $48,000 ASSESSED VALUE: $48,000 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $0 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: SEWARD CITY OF Address: PO BOX 167 SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data 1l� played herein. Original source documents should be consulted for accuracy verification. MACSWAIN ASSOCIATES LLC 4401 Business Park Boulevard, Suite 22, Anchorage, Alaska 99503 APPRAISAL REPORT Gateway Park "Tot Lot": 11,780 SF (0.27± Acre) Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18 1911 Dora Way, Seward, Alaska 0' b. A jtjt,f4ArA PP Ark► " w"'" M+r Dora Way r w. �' 4 � �� � ,�., a •. e T r r Appraised Lot 11,780 SF Phoenix Road r' AVE Date of Value: August 3, 2021 File No. 21-3581 Submitted To: Jackie Wilde Community Development Director City of Seward PO Box 167 Seward, AK 99664 234 MacSwain Associates LLC 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Phone: 907-561-1965 Fax: 907-561-1955 s. macswainCamacswain. com August 25, 2021 Jackie Wilde Community Development Director City of Seward PO Box 167 Seward, AK 99664 Re: Gateway Park "Tot Lot": 11,780 SF (0.27± Acre) Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18 1911 Dora Way, Seward, Alaska Dear Ms. Wilde: We have prepared an Appraisal Report of the above -referenced residential lot in Gateway Subdivision in Seward, Alaska. The appraised lot consists of 11,780 square feet or 0.27± acre. Currently, the lot is used as a playground called Gateway Park. The intent of the appraisal is to assist the City of Seward with making a selling decision involving the lot. We exclude the playground equipment from our valuation. The type of value estimated is market value. The property rights appraised is the fee simple estate. The report is prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). Based on the data, reasoning, and analysis that follows, the market value of the appraised land, as of August 3, 2021, is estimated as follows. NINETY THOUSAND DOLLARS $90,000 The appraisal report is subject to the following language. We direct your attention to the Scope of Work, Certificate of Appraisal, and Assumptions and Limiting Conditions for an explanation of restrictions and limitations of this report. We also direct your attention to the limiting language regarding COVID-19, which succeeds the Assumptions and Limiting Conditions in the addendum. If you have any questions, please contact our office. Respectfully submitted, Alex Kleinke State of Alaska Certificate No. 148873 Steve MacSwain, MAI State of Alaska Certificate No. 42 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 235 MacSwain Associates LLC Appraiser Certification The undersigned certifies that to the best of their knowledge and belief: 4 The statements of fact contained in this report are true and correct. 4 The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 4 We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4 We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 4 We have not performed any services as an appraiser or in any other capacity, regarding the property that is the subject of this report, within the three-year period immediately preceding acceptance of this assignment. 4 Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 4 Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 4 The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 4 The reported analyses, opinion, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 4 The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 4 Alex Kleinke inspected the property on August 3, 2021. Steve MacSwain, MAI is familiar with the property from other appraisal assignments in Seward. 4 No one provided significant real property appraisal assistance to the persons signing this certification. 4 As of the date of this report, Alex Kleinke and Steve MacSwain, MAI are certified General Real Estate Appraisers in the State of Alaska and have completed the education requirements through June 2023. 4 As of the date of this report, Steve MacSwain, MAI has completed the Standards and Ethics Education Requirements for Designated Members of the Appraisal Institute. 21-3581— Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 236 MacSwain Associates LLC 4 As of the date of this report, Alex Kleinke has completed the Standards and Ethics Education Requirements for Practicing Affiliates of the Appraisal Institute. 4 As of the date of this report, Steve MacSwain, MAI has completed the continuing education program for Designated Members of the Appraisal Institute. 4 As of the date of this report, Alex Kleinke has completed the continuing education program for Practicing Affiliates of the Appraisal Institute. Steve MacSwain, MAI State of Alaska Certificate No. 42 8125121 Alex Kleinke Date State of Alaska Certificate No. 148873 21-3581— Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 237 MacSwain Associates LLC Table of Contents Title Page Transmittal Letter Appraiser Certification Table of Contents Appraisal Summary Chapter 1: Definition of the Appraisal Problem 5 Chapter 2: Seward Area and Market Summary 9 Chapter 3: Neighborhood Description and Analysis 13 Chapter 4: Site Description and Analysis 15 Chapter 5: Highest and Best Use Analysis 18 Chapter 6: Land Valuation - Sales Comparison Approach 19 Addendum Assumptions and Limiting Conditions Statement on COVID-19 Appraiser Qualifications 21-3581— Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 238 MacSwain Associates LLC Appraisal Summary Value Type: Market value Property Type: Property Rights Appraised: Location: Legal Description: Tax Parcel No: Physical Address: Property Owner: Zoning: Site Description: Topography: Access/Frontage: Utility Service: Soil and Subsurface Conditions: Hazardous Substances: Wetland Designation: Flood Hazard Restrictions: Easements and Restrictions: Sale/Lease History: Highest and Best Use: Extraordinary Assumptions: Residential lot Fee simple estate South side of Dora Way, just west of Phoenix Road, approximately one half mile west of the Seward Highway, Seward, Alaska Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18 145-352-42 1911 Dora Way, Seward, Alaska City of Seward (per KPB) R1 — Single-family residential district Irregular -shaped lot containing 11,780 square feet or 0.27± acre per plat Generally level and slightly above grade with Dora Way 55± feet on Dora Way Public water, sewer, electricity, and telephone Based on observations of surrounding development, soils appear to be suitable for development None known None Zone X, an area outside the 0.2% annual chance floodplain Per plat 84-18: 20-foot easement along south boundary comprised of 10-foot pedestrian easement and 10-foot utility easement No known sales or leases of property in past three years Residential development None 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 1 239 MacSwain Associates LLC Hypothetical Conditions: Date of Property Inspection: Effective Appraisal Date: Date of Report: None August 3, 2021 August 3, 2021 August 25, 2021 Market Value Estimate: $90,000 (Site Value) 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 2 240 MacSwain Associates LLC Date: August 3, 2021 Subject Property Photographs Taken By: Alex Kleinke Southwest view of subject lot from Dora Way Northeast view of subject lot towards Dora Way, taken from south side of lot 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 3 241 MacSwain Associates LLC Date: August 3, 2021 Subject Property Photographs Taken By: Alex Kleinke h Southeast view along north portion of lot near Dora Way East view of Dora Way frontage 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 4 242 MacSwain Associates LLC Chapter 1: Definition of the Appraisal Problem Overview We prepare an Appraisal Report that analyzes an 11,780-square foot residential -zoned lot located approximately one-half mile west of the Seward Highway. The appraised property is currently used as a City - owned playground called Gateway Park. Our appraisal instructions are to analyze the subject site as a residential lot. Thus, we exclude the playground equipment from our valuation. The intent of the appraisal is to assist the City of Seward with making a selling decision. The report is intended to comply with the Uniform Standards of Professional Appraisal Practice (USPAP). Value Type Market value Client City of Seward Intended Use of Assist client with making a selling decision for the subject lot Appraisal Report Intended User of City of Seward (property owner) Appraisal Report Property Inspection August 3, 2021 Date Effective Appraisal August 3, 2021 Date Date of Report August 25, 2021 Identification of Real The appraised property contains 11,780 square feet, per Plat No. 84-18. Estate Appraised It is commonly known as Gateway Park, which is a playground in a residential subdivision. The Kenai Peninsula Borough identifies the property as Parcel ID 145-352-42 and the physical address as 1911 Dora 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 5 243 MacSwain Associates LLC Way, Seward, AK. The land fronts the south side of Dora Way, just west of Phoenix Road. Definition of The type of value estimated is market value. Market value is defined as Market Value follows. The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated- b. both parties are well informed or well advised, and acting in what they consider their own best interests; C. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. I We estimate the market value of the fee simple estate, which is defined Property Rights as follows. Appraised Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.2 Legal Description Public records indicate the subject property is legally defined as follows: Lot Six (B), Block One 11), GATEWAY SUBDIVISION according to the official Plat thereof, filed under Plat No. 84-18, in the Seward Recording District, Third Judicial District, State of Alaska, 1 Appraisal of Real Estate, Fifteenth Edition (2020), by the Appraisal Institute, p. 49. 2 Appraisal of Real Estate, Fifteenth Edition (2020), by the Appraisal Institute, p. 60. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 6 244 MacSwain Associates LLC Property Owner Public Records indicate the owner of the appraised property is as follows. City of Seward PO Box 167 Seward, AK 99664-0167 Assessed The property is owned by the City of Seward and exempt from taxation. Value The property's assessment history is presented in the table below. KPB Historical Assessed Value (145-352-42) Year Land Improvements Total Mill Rate RE Taxes 2021 $48,000 ($4.07/SF) $0 $48,000 9.3 $445.92 2020 $48,000 ($4.07/SF) $0 $48,000 9.3 $445.92 2019 $44,200 ($3.75/SF) $0 $44,200 9.3 $410.62 Based on a mill rate of 9.3 and current assessed value of $48,000, the annual real estate taxes would be $445.92 assuming the subject property were held by private ownership subject to taxation. Three Year Sale and There have been no known sales or leases of the property in the past Lease History three years. Report Type and This Appraisal Report develops the sales comparison approach to Methodology estimate market value. Neither the cost nor the income capitalization approach reflects market behavior for residential land. Qualitative techniques are used to measure differences between the comparable sales and the subject. The appraisal report is a summary of the appraisers' data, analyses, and conclusions with supporting documentation retained on file. Scope of Appraisal Alex Kleinke of MacSwain Associates, LLC performed the inspection of the appraised property, data collection, and analysis. Steve MacSwain, MAI is familiar with the subject property due to his knowledge of the Seward market. In addition, Steve MacSwain, MAI administered the appraisal process, reviewed draft appraisals, and concurred with an opinion of value. Preparation of this report encompassed the following scope of work that concluded with an opinion of market value. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 7 245 MacSwain Associates LLC 4 Inspected the appraised property on August 3, 2021; 4 Discussed the property with Jackie Wilde, Community Development Director with the City of Seward; 4 Reviewed aerial mapping indicating appraised property premises provided by City of Seward; 4 Reviewed KPB assessor map 145-352; 4 Reviewed Plat Map 84-18; 4 Reviewed City of Seward Zoning Map and zoning codes; 4 Reviewed City of Seward 2030 Comprehensive Plan Update prepared by PDC Engineers, adopted May 30, 2017; 4 Gathered data from the KPB Assessor's office and State of Alaska Recorder's office regarding ownership, assessments, and general property information; 4 Interviewed Seward real estate Brokers, agents, and property owners regarding land sales; 4 Interviewed Seward market participants regarding current residential land market conditions, trends, and expectations; 4 Gathered and confirmed information on comparable land sales; 4 Inspected the primary comparable sales we relied upon in our comparative analysis; and 4 Applied the sales comparison approach to arrive at a market value indication. Exposure Time We have collected and analyzed market and economic data that projects real estate trends and activity for similar land. Discussions with Brokers and analysis of similar property sales indicate that a period of approximately 6-9 months prior to our effective date of value is a reasonable exposure period. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 8 246 MacSwain Associates LLC Chapter 2: Seward Area and Market Summary Overview We present a summary analysis of factors that define the socio- economic factors defining the Seward economy and real estate market. The map below depicts Seward location within Southcentral Alaska. Seward is located at the head of Resurrection Bay, on the southeast side of the Kenai Peninsula. It lies 70 air miles south of Anchorage or 126 miles via the Seward Highway. Seward has an ice -free port with year- round access to the Alaska Railroad. Location Map Anchorage j NAnchorage �Tyonek U N I T E D S T A T E S Whittier Nikiski o Salamatof c Kenai oSterling Chugach State Park Soldotna _Soldotna o Cooper Cohoe Landing Q Cgi j Clam Gulch Kenai National Wildlife Refuge Chenega o ook lnfet Ni SewardSeward s Homer enai Fjords National Park+ .S_ .Anchor Dint - Resurrection Bay Kachemak City ma Co ri ht6Hn2o03r Micro-so-ft`G'60+andfor its suppliers. All ri hts reserved. Population Within city limits, Seward's 2020 population estimate was 2,509, representing stability over the past decade. Community growth areas are principally rural residential neighborhoods to the north outside city boundaries. According to the State of Alaska Division of Community and Regional Affairs (DCRA), a table containing Seward's historic population follows. 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2,509 2,545 2,569 2,512 2,663 2,740 2,768 2,487 2,752 2,746 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 9 247 MacSwain Associates LLC The actual contributory population to the Seward economy is 4,700± residents with the inclusion of rural residential districts located outside of city boundaries. Moreover, the seasonal population swells to nearly 6,000± during the prime summer months. Seward Employment Seward employment is gradually shifting from trades and fishing to leisure, hospitality, and government. Although Seward employment is projected to increase, we anticipate unemployment to remain above the statewide rate due to the seasonal character of the economy. Because of high demand for seasonal employment, part of the work force resides outside of the Seward residential sphere. Seward Area Map OP �� Jy K i� "mil r`y( uiw/A'� �,� ��� � �jr�J I .r,•. ...r- � Y A �J it Small Boat Seward Z"Harbor �•/�s/ICE ��� ���'9 t� ..� 7% SMIC�.' Seward Economic Ice -free deep -water port facilities integrated with road and rail service Sectors to interior Alaska drive the Seward economy. The port is home to a commercial fishing fleet, and is the impetus for thriving tourism and recreation. These latter economic sectors have enhanced retail and service industries as well as increased demand for petroleum products. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 10 248 MaCSwain Associates LLC Diversification of the Seward economy has been a central theme of city management, planning, and infrastructure development over the past few decades. Examples of economic diversification include expansion of the Small Boat Harbor, Alaska Vocational and Technical Center (AVTEC), Aurora Energy Services Coal Terminal (not operating), and the Spring Creek Correctional Facility. Furthermore, construction of a breakwater to protect Seward Marine Industrial Center (SMIC) from prevailing weather and seas will improve the economic viability as a market alternative for shipbuilding and repair. Evolving economic diversification is a stabilizing influence and cause to enhance growth opportunities for corollary industries. Despite the seasonal character of the Seward economy, government, natural resources, health care, and transportation sectors contribute year-round employment. A summary analysis of the primary components of the Seward economy follows. Tourism: Tourism has continued to be a strong economic sector of the Seward Economy since the recovery from the national recession. Over the five-year period from 2014 to 2018, the City of Seward reported a 17% increase in sales tax revenue, and a 3 1 % increase in hotel/motel tax over the same period, with 2019 figures anticipated to grow further. New hotel construction in 2020 has the potential to further increase revenues in future seasons. Cruise ship port calls increased from year to year since 2013 (50 ships) to 2016 (67 ships) to 2019 (87 ships and 95 days with cruise ships in port). Consequently, Seward cruise ship visitation increased by 84 percent over the same period, with 125,000± passengers in 2013 to 230,000± passengers estimated in 2019.3 The 2013 figures represent an average passenger/ship ratio of 2,500 passengers, while 2019 figures indicate 2,640 passengers. The increase is due to not only fuller ships, but also the industry replacing medium- sized cruise ships with larger cruise ships. Conversely, expedition style trips with 100 to 200 passengers are becoming increasingly common. These ships, while lowering the passenger/ship average, offer exclusive, high -cost ecotrips. As this trend continues, passenger volume should continue to increase over the long term, with exception to the substantial decline anticipated for 2020 and 2021 due to the COVID-19 Pandemic. PortActivity: As an industrial port, Seward has not reached the potential that was invested in port infrastructure. However, over the past several years, SMIC has benefited from increased demand for lease property. Companies that commenced leases in SMIC in 2013 and 2014 include Rainbow Fiberglass and Boat Repair and Vigor Alaska. Rainbow has continued to expand their lease footprint, entering into new leases in 3 City of Seward, Comprehensive Annual Financial Reporting. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 11 249 MacSwain Associates LLC 2016 and 2019. JAG Alaska, Inc. became the new operator at the Seward shipyard after Vigor announced its withdrawal. Additional new lessees in SMIC include SEWMAR, LLC and Hamilton Construction. Established marine industrial uses that enhance economic productivity include bulk fuel storage, ship repair and dry-dock, and fish processing plants. The US Coast Guard has expressed interest in commencing land leases in SMIC, however no official commitments have been made as of early 2021. SMIC recently completed a new $27M± rubble mound breakwater, intended to improve protection and enable moorage of larger ships, with a new dock rounding out recent SMIC construction. Construction: A summary of construction projects that had a measurable effect on the Seward economy include: 4 $30 million Seward Long -Term Care Facility (LTCF) in 2010 4 16,300± square foot, $7.4 million± Seward Community Library and Museum in 2012 $13 million student housing complex for Alaska Vocational Technical Center in 2014 4 Conversion of the 13,500± square foot former Elks Lodge into a brewery/restaurant in 2013 New 80± room hotel on the corner of 4th Avenue and Van Buren Street in 2021 4 19,000± square foot special -use marine industrial building located north of the Seward Small Boat Harbor in 2020 Real Estate Market We anticipate the Seward real estate market to remain stable over the Summary medium and long-term with upward trending prices for properties in high demand and limited supply. Importantly, the real estate market has a direct link to the health of Seward's economic sectors. For example, increases in tourism and recreation cause greater demand for properties that can accommodate cruise ships. These market dynamics will cause upward price pressure. Short-term uncertainty, especially for the Summer 2021 cruise ship season could dampen the Seward economy, which relies heavily on tourism. An employee shortage has prevented many businesses, primarily restaurants, from operating at full capacity and taking advantage of the return of overland tourism, as hesitancy to travel has diminished. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 12 250 MacSwain Associates LLC Chapter 3: Neighborhood Summary Overview The subject neighborhood is west of the Seward Highway and northwest of the Small Boat Harbor. The neighborhood is residential in character with both Single-family and Multi -family residential zoning evident. approximately one mile north of the Small Boat Harbor, bounded by the Seward Highway. The reader is referred to the zoning map below illustrating neighborhood land use and assisting with the description and analysis that follows. City of Seward Zoning Map Neighborhood The subject neighborhood is a residential subdivision situated west of Description the Seward Highway and northwest of the Seward Small Boat Harbor. Setting at the base of Mount Marathon nearly 200 feet above sea level, the neighborhood is afforded a view amenity. The homes were primarily constructed in the mid -late 1980s. The neighborhood is bounded by Mount Marathon to the west, Seward High School to the east, Japanese Creek to the north, and Phoenix Road to the south. Portions of the neighborhood have been platted but remain undeveloped, while other acreage remains in a raw state until demand 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 13 251 MacSwain Associates LLC warrants additional subdividing. Neighborhood infrastructure consists of paved streets, street lights, culverts, public water, sewer, electricity and telephone. Summary In summary, the subject is located within a desirable residential neighborhood with public utilities and proximity to Seward High School and commercial areas in Seward. 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 14 252 MacSwain Associates LLC Chapter 4: Site Description and Analysis Overview Analysis of land describes the characteristics that enhance or detract from its utility or marketability. The site description and analysis is based on our property inspection and review of the Plat Map No. 84-18, aerial, Borough, and other mapping. The plat map below, as well as the aerial mapping on the following pages assist in the description and analysis of the parcel that follows. Site Description Plat Map No. 84-18 Subject ooRa_ 2 lo s p� g \ E 0 0 00.0 SEE OETATL A 9 6 I , 5o°d- 5 2 . 'EOrMIAN E51NT. -1 I500°0057"E 5 } ` .-\ t _ ✓-1 y_ m o z Dora Way >, e.r m m `O to II I 116. N W 3 0- - M o- O1 00 Ip 1f834 O 2 0 n a 7 °an a 120.00 0o N T!2l.f. N 500 00 EO O i O mN I w z 500°OD�57'E • 2 z z 1 1 ne. o66, .e°dWM � 120.00 i QCy I o Location Shape and Land Area: Access: N 00' 00 04 W 7 125.0 Phoenix Road South side of Dora Way, just west of Phoenix Road, approximately one-half mile west of the Seward Highway, Seward, Alaska Irregular -shaped parcel containing 11,780 square feet or 0.27± acre Dora Way (paved, two lane road) 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 253 15 MacSwain Associates LLC Zoning: Frontage and Exposure: Easements and Restrictions: Public Utilities: Topography: R1— Single-family residential district, intended to provide for stable and quiet low to medium density (one to five dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district. 55± feet on Dora Way Per plat 84-18: 20-foot easement along south boundary comprised of 10-foot pedestrian easement and 10-foot utility easement Public water, sewer, electricity, and telephone Generally level and slightly above Dora Way grade GIS Aerial Map (Kenai Peninsula Borough) 2020 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 16 254 MacSwain Associates LLC Vegetation: Soil Conditions: Wetland Designation: Flood Hazard: Environmental Conditions: Site Improvements: Site Utility Primarily cleared and gravel filled with some vegetation on south end; rear of property backs up to wooded area under both public and private ownership Based on observations of surrounding development, soils appear to be suitable for development None noted on KPB Wetland Mapper Zone X, an area outside the 0.2% annual chance floodplain The existence of any hazardous material or other type of environmental contamination, which may or may not be present on the property, was not observed by the appraisers nor do the appraisers have any knowledge of the existence of such substances. Our value conclusion assumes that the property is free of environmental and hazardous contaminants. Three-foot chain -link fence with gate surrounding property and gravel fill included in land valuation; playground equipment excluded from valuation The site is suitable for single-family residential development due to zoning, physical character, and location. 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 17 255 MacSwain Associates LLC Chapter 5: Highest and Best Use Analysis Overview The parcel is located within the City of Seward, subject to zoning regulations. Zoning is R1, Single-family residential district. According to the City of Seward Zoning Code, this designation is: Intended to provide for stable and quiet low to medium density (one to five dwelling units per acre) detached, single-family residential development, free from other uses except those which are both compatible and convenient to residents of such a district. In addition to allowing residential development, the R1 District allows other institutional and utility -type uses on conditional bases. The appraised lot contains 11,780 square feet or 0.27± acre, and benefits access on a paved road, lighted streets, and public utility availability. The neighborhood is established with homes built in the mid -late 1980s. Lot sales in the neighborhood indicate continued development is likely. The neighborhood is on the base of Mount Marathon, setting nearly 200 feet above sea level. Some lots in the neighborhood benefit from a view amenity. The location one-half mile west of the Seward Highway enhances linkage to commercial areas within Seward. Based on location, zoning, and physical character, the most probable use is for single-family residential development. We consider this use to be financially feasible, and to be the highest and best use of the property, as vacant. The most probable user is an owner -user or developer. Highest and Best Use As Vacant Residential Development 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 18 256 MacSwain Associates LLC Chapter 6: Land Valuation - Sales Comparison Approach Overview The sales comparison approach is a systematic procedure of estimating the subject's market value by comparing it directly to property sales afforded similar physical and economic character. The approach is founded on the principle of substitution, theorizing value is a function of a knowledgeable investor's (buyer) intent to pay no more for a specific property than the cost of acquiring an alternative property offering similar utility (economic satisfaction). The sales comparison approach is the best approach for valuing vacant land. Comparative Market Our sales search focused on vacant land with similar zoning, physical, Analysis and economic character to the subject, located in the immediate neighborhood. This search criteria produced a paucity of sale data. We rely on one sale in the immediate neighborhood, which is zoned R3 ratherthan R1. We expanded our search geographically and supplement this data with six additional sales in the general neighborhood. The sales transpired from 2016 to 2021. The land sales we relied upon are listed in the table below. We analyze the comparables on a "per site" basis, as this is how the residential land market interacts. A map on the following page locates the sales within the neighborhood. Additional details of the comparables are retained on file. Summary of Land Sales No. Location Zone Sale Date Size (SF) Sale Price 1 2014 Dunham Drive R3 6/21 12,750 $115,000 2 210 Great Bear Circle RI 1/21 14,074 $59,000 3 1812 Parks Place RI 8/19 25,027 $99,000 4 1810 Parks Place RI 8/19 19,132 $77,000 5 1808 Parks Place R1 6/18 19,980 $70,512 6 1806 Parks Place R1 6/18 13,163 $45,987 7 205 Resurrection Boulevard R2 8/16 8,250 $41,000 1911 Dora Way (Subject) RI 8121 11,780 -- -- 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 19 257 MacSwain Associates LLC Elements of The elements of comparison that have the greatest influence on market Comparison behavior and the price paid for residential land in Seward is location, zoning, and physical character, including lot size, topography/clearing, access, utilities, and view. Moreover, market conditions have improved over the past several years for residential properties, as evidenced by statistical data derived from sale prices. We adjust the sales that transpired prior to 2021 upwards to reflect this improvement. While the subject contains a chain -link fence, the value contribution is minimal and does not require a site improvements adjustment. We use a qualitative comparison technique that rates elements of comparison as superior, inferior, or similar. Comparable Land Sales Map L Seward Highway Subject` 4 e k� �r 7 'A I F �* F mow. LJ 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 20 258 MacSwain Associates LLC Land Sale I Land Sale 1 is the June 2021 land sale of a R3-zoned lot located just northeast of the subject on the recently constructed Dunham Drive (formerly Rush Loop). The lot is rectangular -shaped containing 12,750 square feet. It has been cleared and staked and has all utilities available. Zoning permits single or two-family residential development with multifamily development possible under a conditional use permit. The lot benefits from Resurrection Bay and mountain views. The property was exposed to the market for 12 days, selling with a full price offer. By comparison, this property is similar in terms of size, but benefits from additional clearing and site prep. Moreover, zoning and view amenity commands downward adjustments. Thus, Land Sale 1 is rated superior, indicating a value less than $115,000 for the subject lot. Land Sale 2 Land Sale 2 is the January 2021 land sale of a RI -zoned lot located east of the subject on Great Bear Circle, north of Benson Drive. The lot is irregular -shaped containing 14,074 square feet. At the time of sale, the lot was vegetated. According to the Broker, utilities include electricity and sewer. Utility mapping indicates a water main is available in Great Bear Circle. Zoning permits primarily single-family development with institutional uses possible under a conditional use permit. The lot benefits from mountain views. The property was exposed to the market for seven days, selling with a full price offer. By comparison, this property contains more land area, and is situated on a cul-de-sac. These characteristics warrants downward adjustments. An overriding upward adjustment is necessary to reflect additional clearing and grading costs needed to facilitate development. Overall, Land Sale 2 is rated inferior, indicating a value greater than $59,000 for the subject lot. Land Sales 3 & 4 Land Sale 3 and Land Sale 4 transpired in August 2019 between the same seller and buyer. The R1 lots were listed on the same date but marketed separately. Containing 25,027 and 19,132 square feet, respectively, the lots are irregular in shape and were heavily treed at the time of sale. They are located on Parks Place, a cul-de-sac, and all public utilities are available. The lots have mountain views and are proximate to the Seward Highway commercial corridor. The lots sold for $99,000 and $77,000 after 62 days of market exposure. The sale prices were approximately 80% of the list prices. To date, the lots remain undeveloped. By comparison, downward adjustments are necessary for a cul-de-sac location. Moreover, land area of each lot exceeds that of the subject, requiring an additional downward 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 21 259 MacSwain Associates LLC adjustment. Conversely, the lots are in a raw state necessitating upward adjustments to reflect clearing costs. Finally, upward adjustments are necessary for inferior market conditions. After review, Land Sales 3 and 4 bracket the subject, indicating a value between $77,000 and $99,000 for the subject lot. Land Sales 5 & 6 Land Sale 5 and Land Sale 6 transpired in June 2018 between the same seller and buyer. The R1 lots were listed on the same date but marketed separately. Containing 19,980 and 13,163 square feet, respectively, the lots are irregular in shape and were heavily treed at the time of sale. They are located on Parks Place, a cul-de-sac, and all public utilities are available. The lots have mountain views and are proximate to the Seward Highway commercial corridor. The lots sold for $70,512 and $45,987 after 415 days of market exposure. The sale prices were approximately 90% of the list prices. Subsequent to the sale, the lots were conveyed to another buyer at different times via different instruments. One lot was developed with a single-family residence. By comparison, downward adjustments are necessary for a cul-de-sac location. Moreover, land area of each lot exceeds that of the subject, requiring an additional downward adjustment. Conversely, the lots are in a raw state necessitating upward adjustments to reflect clearing costs. Further, market conditions have improved over the past three-year interval necessitating an additional upward adjustment. After review, Land Sales 4 and 5 are rated inferior, indicating a value greater than $70,512 for the subject lot. Land Sale 7 Land Sale 7 is the August 2016 land sale of a R2-zoned lot located south of the subject on Resurrection Boulevard, west of the Seward Highway. The lot is trapezoidal -shaped containing 8,250 square feet. At the time , 4 k-:N of sale, the lot was cleared of large vegetation but comprised of brush -' and grasses. The flood zone from Scheffler Creek to the west may ;•^` „ s. .�-� r.� encroach onto the property according to the Broker. All public utilities '\\ "el are available. Zoning is intended for single and two-family residential development. The lot benefits from mountain views. The property was " Ire. exposed to the market for ten days, originally listed for $41,500. To date, the property remains undeveloped. By comparison, this sale requires upward adjustments for inferior market conditions, lot size, clearing, and potential flood inundation. A partially -offsetting downward adjustment is necessary for superior zoning. The net adjustment is upward, indicating a value greater than $41,000 for the subject lot. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 22 260 MacSwain Associates LLC Reconciliation of Presented below is a rating grid and analysis of the land sales used in Comparative Market comparative analysis. Analysis No. Sale Price Rank Net Adjustment 1 $115,000 Superior � 3 $99,000 Superior � Subject -- -- -- -- -- -- 4 $77,000 Inferior T 5 $70,512 Inferior T 2 $59,000 Inferior 6 $45,987 Inferior 7 $41,000 Inferior T The land sales indicate a wide value range from $41,000 to $115,000. Land Sales 2, 4, 5, 6, and 7 are rated inferior indicating a value greater than $77,000. Conversely, Land Sales 1 and 3 are rated superior indicating a value less than $99,000. After comparative analysis and making the necessary adjustments, we conclude with a site value of $90,000, as of August 3, 2021. Market Value Estimate $90,000 Marketing and Estimated 6 to 12 months Exposure Time 21-3581 Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 23 261 �nnr.�nmm 0►4M MacSwain Associates LLC Assumptions and Limiting Conditions This appraisal is subject to the following assumptions and limiting conditions. 4 No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be marketable unless otherwise stated. 4 The property is appraised free and clear of all liens or encumbrances unless otherwise stated. 4 The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. 4 All maps, plot plans, and other illustrative material are believed to be accurate, but are included only to help the reader visualize the property. 4 It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 4 It is assumed the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 4 It is assumed the property conforms to all applicable zoning, land use regulations, and platting restrictions unless the nonconformity is identified, described, and considered in the appraisal report. 4 Possession of this report, or a copy thereof, does not carry with it the right of publication. 4 The appraisers, by reason of this appraisal, is not required to give consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 4 Neither all nor any part of the contents of this report shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraisers. 4 The existence of any hazardous material or other type of environmental contamination, which may or may not be present on the property, was not observed by the appraisers nor do the appraisers have any knowledge of the existence of such substances. However, the presence of these substances may affect the value of the property. Therefore, the client is urged to retain an environmental assessment for discovery and evaluation. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 263 MacSwain Associates LLC Statement on COVID-19 The appraisal report is subject to the following language. 4 This appraisal was performed following public awareness that COVID-19 was affecting residents in the United States. At the time of the appraisal, COVID-19 was having widespread health and economic impacts. The effects of COVID-19 on the real estate market in the subject neighborhood were not yet measurable based on reliable data. The analyses and value opinion in this appraisal are based on the data available to the appraiser at the time of the assignment and apply only as of the effective date indicated. No analysis or opinions contained in this appraisal should be construed as predictions of future market conditions or value. 21-3581—Lot 6, Block 1, Gateway Subdivision, Plat No. 84-18, Seward, Alaska 264 MacSwain Associates LLC 4401 Business Park Boulevard, Suite 22, Anchorage, Alaska 99503 Appraiser: Alex Kleinke State of Alaska, Certified General Real Estate Appraiser — License 4148873 Education: Bachelor of Business Administration, Finance, University of Alaska Anchorage (2009) Master of Business Administration (MBA), University of Alaska Anchorage (2012) Professional Experience: 2009 to Present — MacSwain Associates LLC Real estate appraiser of all property types throughout Alaska including commercial, industrial, land, rights -of -way, and special-purpose properties. Appraisals performed for financing, right-of-way acquisitions, conservation easements, leasing, insurance, taxation, estate planning, investment analysis, and buy -sell decisions. Appraisal Education: The following is a list of recently completed appraisal courses and seminars. 2021 Analyzing Operating Expenses by the Appraisal Institute, Online 2021 Business Practices and Ethics by the Appraisal Institute, Online 2020 7-Hour National USPAP 2020-2021 Update Course by the Appraisal Institute, Anchorage, AK 2017 Business Practices and Ethics by the Appraisal Institute, Online 2017 7-Hour Equivalent USPAP Update Course by the Appraisal Institute, Online 2016 Advanced MarketAnalysis and Highest and Best Use by the Appraisal Institute, Chicago, IL 2016 General Sales Comparison Approach by the Appraisal Institute, Chicago, IL 2015 Real Estate Finance, Statistics, and Valuation Modeling by the Appraisal Institute, San Diego, CA 2015 General Report Writing and Case Studies by the Appraisal Institute, Las Vegas, NV 2015 General Income Approach Parts I and II by the Appraisal Institute, San Diego, CA 2013 The Discounted Cash Flow Model: Concepts, Issues, and Apps. by the Appraisal Institute, San Diego, CA 2013 General Appraiser Site Valuation and Cost Approach by the Appraisal Institute, Fort Lauderdale, FL 2012 General Market Analysis and Highest and Best Use by the Appraisal Institute, San Diego, CA 201115-Hour National USPAP Course by the Appraisal Institute, Anchorage, AK 2010 Basic Appraisal Procedures by the Appraisal Institute, Anchorage, AK 2010 Basic Appraisal Principles by the Appraisal Institute, Anchorage, AK Sample of Significant and Project Assignments: 2020-21 — Eight right-of-way appraisals for Knik-Goose Bay Road Reconstruction Project 2020 — 43 City of Seward Lease Parcels including commercial, industrial, and marine -type properties 2020 — 41 City of Kenai Lease Parcels including aviation, commercial, industrial, and marine -type properties 2019 — City of Kodiak Lease Parcels including aviation and communication sites, seaplane base, and shipyard 2018 — Fractional interest of land and sandwich leases for Anchorage hotel and fuel station properties 2017 — Pacific Spaceport Complex, market rent of launch complex facilities within PSCA on Kodiak Island 2016-2017 — Provided insurable value project appraisals for properties in Utgiagvik, Dillingham, Iliamna, Kotzebue, Nome, Cordova, Naknek, Angoon, Haines, Hoonah, Juneau, Kake, Anchorage, Bethel, and Yakutat 2015 — 40 City of Seward Lease Parcels including commercial, industrial, and marine -type properties 2015 — 97 City of Kenai Lease Parcels including aviation, commercial, industrial, and marine -type properties 2015 — Assisted with cost estimate to acquire lands to develop proposed AKLNG from Pt. Thomson to Nikiski 2014-2020 — 50+ Right-of-way appraisals for Parks Highway MP 48.8 to 52.3 Reconstruction Project 2014 — Assisted with project management and appraisals of Nikiski properties for Alaska LNG acquisitions 2012 — Assisted in the income analysis portion of the Trans Alaska Pipeline System (TAPS) 2010-2021 — Alaska Railroad Corporation (ARRC) land lease appraisals in Anchorage, Seward, and Whittier Professional Affiliation: Practicing Affiliate — Appraisal Institute `icediw 148873 3120 iwState of Alaska �tectAae, 612312021 Expires:06/30/2023 Department of Commerce, Community, and Economic Develoi Division of Corporations, Business, and Professional Licem Board of Certified Real Estate Appraisers Licensee: ALEXANDER H KLEINKE License Type: Certified General Real Estate Appraiser Status: Active Commissioner: Julie Anderson MacSwain Associates LLC 4401 Business Park Boulevard, Suite 22, Anchorage, Alaska 99503 Appraiser: Steve MacSwain, MAI Member of Appraisal Institute - No. 5700 State of Alaska, Certified General Real Estate Appraiser - No. 42 Professional Experience: 1986 to Present - MacSwain Associates LLC 1976 to 1986 - Appraisal Company of Alaska - President 1970 to 1975 - Real Estate Services Corporation — Appraiser 1969 to 1970 - State of Alaska Department of Highways - Right of Way Agent Real estate appraiser and consultant of all property types throughout Alaska including commercial, industrial, subdivisions and special-purpose properties. Appraisals have been performed for financing, leasing, insurance, condemnation, taxation, property damages, investment analysis, and buy -sell decisions. Appraisals include valuation of both real property and business enterprises. Professional experience totals 49 years. Life-long Alaskan resident of Alaskan Native descent. Education: Bachelor of Business Administration, Finance (1969), University of Alaska Fairbanks Appraisal Education: The following is a list of completed appraisal courses and seminars. 2021 Cool Tools: New Technologyfor Real Estate Appraisers by the Appraisal Institute 2021 Desktop Appraisals (Bifurcated, Hybrid) and Evaluations by the Appraisal Institute 2021 Hot Topics & Myths in Appraiser Liability by LIA Administrators & Insurance Services 2020 Uniform Standards of Professional Appraisal Practice Update by the Appraisal Institute 2019 How Tenants Create or Destroy Value: Leasehold Valuation and its Impact on Value by the Appraisal Institute 2017 — Appraising Environmentally Contaminated Properties by the Appraisal Institute 2017 Residential & Commercial Valuation of Solar by the Appraisal Institute 2017 Right of Way Acquisition for Pipeline Projects by the International Right of Way Association 2015 Litigation Appraising: Specialized Topics and Applications by the Appraisal Institute 2015 Business Practices and Ethics by the Appraisal Institute 2013 Complex Litigation Appraisal Case Studies by the Appraisal Institute 2013 Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) by the Appraisal Institute 2012 Appraisal Curriculum Overview by the Appraisal Institute 2010 Reviewing Appraisals in Eminent Domain by the International Right of Way Association 2010 Commercial Appraisal Engagement and Review Seminar for Bankers and Appraisers by the Appraisal Institute 2009 — The Appraiser as an Expert Witness: Preparation and Testimony by the Appraisal Institute 2009 Attacking and Defending an Appraisal in Litigation by Whitmer Education 2008 Uniform Standards of Professional Appraisal Practice by the Appraisal Institute 2007 Business Practices and Ethics by the Appraisal Institute 2007 Eminent Domain Law for Right of Way Professionals by the International Right of Way Association 2007 Appraisal Review for Federal Aid Programs by the International Right of Way Association 2007 Analyzing Operating Expenses by the Appraisal Institute 1969-2006: Numerous appraisal classes pertaining to principles, income capitalization, cost analysis, sale comparison approach, and highest and best use analysis by the Appraisal Institute, Society ofReal Estate Appraisers, International Right -of -Way Association, International Association of Assessing Officers, and Marshall Valuation Service Membership and Organizations: Member of Appraisal Institute — No. 5700, International Right of Way Association (IRWA), and Building Owners and Managers Association (BOMA) Public Service: Past Chairman of the State Board of Certified Appraisers Past Member of Board of Equalization, Municipality of Anchorage, National Experience Review Committee of the Appraisal Institute, and Regional Ethics and Counseling Panel of the Appraisal Institute Past President of Alaska Chapter 57 of the Appraisal Institute Significant Assignments: 4 Appraised Pacific Spaceport Complex -Alaska (PSCA) land and facilities for Alaska Aerospace Corporation on Kodiak Island. 4 Appraised proposed LNG Pipeline, a FERC-regulated 860-mile pipeline transporting liquefied natural gas. 4 Appraised the Trans -Alaska Pipeline System, a FERC-regulated 800- pipeline that transports crude oil from Prudhoe Bay to Valdez, for TAPS ownership. 4 Appraised remote lands (65,000± acres) owned by three Native corporations damaged by the Selendang Ayu grounding and subsequent oil spill. 4 Appraised Calais Company, Inc., a real estate holding company consisting of 39 commercial parcels in Anchorage. 4 Principal real estate consultant and expert witness for all lands affected by the Exxon Valdez oil spill. Project involved over 2,000,000 acres of remote land and nearly 2,000 private property owners. 4 Appointed as a representative of a three -member panel that analyzed and valued over 1,000,000 acres and 8,000 parcels for the Mental Health Lands Settlement. Contract assessor for the North Slope Borough, Kodiak Island Borough, City of Nome, and the City of Valdez. Represented Seibu Alaska, Inc. (Alyeska Resort and Alyeska Prince Hotel) in preparing of their property tax appeal with the Municipality of Anchorage that resulted in a $65 million reduction in assessed value. 4 Appraised submerged tideland parcels and wetlands parcels located in Womens Bay on Kodiak Island for the purpose of an exchange between Koniag, Inc. and U.S. Fish and Wildlife Service. 4 Appraised Common Carrier Pipeline right-of-ways leased and operated by BP Transportation Alaska and ConocoPhillips Alaska. 4 Appraised 3,600 acres consisting of the former Adak Naval Air Station and Submarine Base conveyed to the City of Adak and the State of Alaska. Expert Witness Experience: Steve MacSwain, MAI is qualified as an expert witness in both the United States Federal Court and the State of Alaska Superior Court. Steve has testified as an expert witness in State and Federal courts. In addition, Steve has testified as expert witness in numerous Alaskan municipal tax courts, public hearings, and depositions on matters related to real property. Arbitrator Experience: Appointed a Master by the Superior Court of Alaska and Municipality of Anchorage to serve as an arbitrator in determining just compensation. `i`e°s.# APRU42State of Alaska Effective: 5�V8l2021 2021 Expires 0613W2023 Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Board of Certified Real Estate Appraisers Licensee. STEVEN JAMES MACSWAIN License Type: Certified General Real Estate Appraiser Status: Active Comrnhssioner: Julie Anderson City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page CALL TO ORDER The December 13, 2021 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — Osenga Absent — None Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brad Snowden said he was 70 years old and he often thought about the future of Seward. He said there was more to people than met the eye. He thought that Seward needed to establish or support safe winter transport to Seward to encourage visitors to come for winter activities, including air transportation. He thought a convention center was important for Seward's future. Bruce Jaffa said he often thought about Seward's future as well. He was concerned that the new redistricting plan would separate Seward from the community of Moose Pass; he didn't believe that Seward's interests would be well served under the current redistricting proposal. Lynda Paquette was concerned that the city kept talking about expanding, but she believed the Lowell Point Sewage Lagoon was under capacity; she thought there were funding opportunities currently available for expanding or building a new wastewater treatment facility. She encouraged council to include an item addressing the sewage lagoon on the 2022 Capital Improvement Plan. 269 City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Terry added a reportfrom the Kenai Peninsula Economic Development District by Tim Dillon to the agenda. There was no objection from council. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2021-138, Authorizing the City Manager to Accept and Appropriate Funds from the Easy ARPA Grant, in the amount of $6,000 for the Seward Technology and Community Enrichment Project on behalf of the Seward Community Library & Museum. Resolution 2021-139, Authorizing the City Manager to Accept and Appropriate Funds from the FY2022 ARPA Grant, in the amount of $37,777 for the Seward Technology and Community Enrichment Project on behalf of the Seward Community Library & Museum. Resolution 2021-140, Accepting American Rescue Plan Act (ARPA) Federal Grant Funds in the Amount of $577,195 for the Purpose of Investment in Water and Sewer Infrastructure. Resolution 2021-141, Confirming Application for the ARPA Local Government Lost Revenue Relief Program ("LGLRRP") from the Alaska Department of Commerce, Community and Economic Development to Offset Significant Revenue Loss Due to the COVID-19 Public Health Emergency. Resolution 2021-142, Authorizing the City Manager to Enter into a Contract with Carmen Jackson CPA, LLC for Finance and Accounting Services in an Amount not to Exceed $125,000, and Appropriating Funds. Resolution 2021-143, Authorizing the City Manager to Execute Task Order #2374.00 with R&M Consultants for the Development of the Proposed Hemlock Subdivision Concepts in the Amount not to Exceed $19,471 and Appropriating Funds. The November 8, 2021 and November 22, 2021 City Council Regular Meeting Minutes were approved. The December 6, 2021 City Council Special Meeting Minutes were approved. The December 27, 2021 City Council Meeting was cancelled. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None OW, City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page City Manager Report. City Manager Janette Bower stated that she wished to have the police chief address the current situation with the jail. Police Chief Alan Nickell said on December 7, 2021 he hosted a meeting in Anchorage at which nine out of the 15 community jail representatives, Alaska Municipal League (AML) representatives, Greg Russell from AML/JIA, and the city manager, to discuss j ail budgets. Seward's jail deficit was similar to several other communities. The group wished to take action, but were not yet sure what the next steps should be. Ultimately, the group decided that AML would draft a message for the governor; each city would furnish its budgetary needs to include in the letter. Bower appreciated Nickell organizing and hosting the meeting. Bower had quickly received a note that the governor's office had been made aware of the meeting. She wished that the city would at least have a seat at the table to discuss the underfunding, and to make sure the governor knew Seward was serious. Bower said the city attorney had provided some insight on the j ail contract; one particular item in the contract related to man hours, and the amount the state should be funding relative to the number of man hours the city furnished. DeMoss was concerned about the sidewalks downtown not being cleared by some businesses that were closed for the winter; the lack of sidewalk clearing was detrimental to the remaining businesses that stayed open year round. Both visitors and residents alike deserved to have a safe environment. DeMoss thought the solution was to make sure the snow was removed, and then address the lack of compliance by downtown businesses. In response, Bower said the city code stated the business owners' responsibility to clear the sidewalks, but there was not a process in place for enforcement; in her experience, Bower said she had had the city remove the snow and charge back the businesses. Casagranda was also concerned that the state plowed Third Avenue right onto the sidewalks. In response to Wells, Bower said the time frame for businesses to clear their sidewalks was 24 hours. Wells said he was a business owner and had been clearing lots of sidewalks, well beyond his area of responsibility. DeMoss said her hope was to enhance the Christmas and winter lights in town to make the town look more inviting and welcoming. McClure had received a lot of compliments on the Public Works Department doing the road clearing so quickly. McClure wanted to see the Christmas tree at Hoban Park lit up, as well as the tree at Williams Park, which had been specifically dedicated for that purpose. Terry was pleased to see employment at the city stabilize. She reminded everyone to keep fire hydrants clear of snow. She was happy to see that ice skating on Second Lake was back. City Attorney Report. City Attorney Brooks Chandler stated for the month of November his firm had handled some personnel items, including a federal mandate for vaccinating government ►ft City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page employees which proved to not be a mandate that the City of Seward was required to comply with. His firm had advised on some planning issues, lease issues, and public records requests. Terry had been watching the redistricting progress; she wondered what Chandler's advice would be for council at this point in time. Chandler said he was aware of three pending lawsuits, and the clock was ticking on when lawsuits could be filed. He suggested it was more cost-effective for the city to join others in a lawsuit rather than call for their own. Terry asked council if there would be any objection to having the city manager and city attorney work on the timeline for action. There was no objection from council. Terry said the Borough Assembly had reached out and offered their support should Seward wish to pursue action. Other Reports and Announcements Port & Commerce Advisory Board Quarterly Report by Chair Bruce Jaffa. Jaffa said he enjoyed serving on PACAB. PACAB had challenges with meeting quorum requirements to conduct meetings and work sessions. Jaffa thought there were advantages and disadvantages to conducting virtual meetings. PACAB had done some good work on reviewing rates and worked with the harbormaster on resolving issues. Success only raised new challenges; planning for future growth was critical, particularly at the Seward Marine Industrial Center (SMIC). PACAB had worked closely with the Electric Utility Department to accomplish the solarization of Seward. The board was disappointed that the city's heat loop project would not be carried through due to scope creep and budget increases; he thought it would still be beneficial for the city to pursue. The Lowell Canyon Hydroelectric Project was another project that would not be pursued; he was a strong supporter of renewable energy sources. The harbor continued to accomplish great improvements, on time, on budget, and to a high standard of quality. Halibut by -catch was an issue that was a tragedy; he encouraged the city to continue confronting that issue. PACAB was willing and available to address any project that council wished them to work on. Terry thought there would be some flow data collected by the US Army Corps. She also wished for an update on the requested extension of the project. Bower said she was going to ask for another extension. Alaska Municipal League (AML) Local Government Conference travel reports by Mayor Terry and Council Members Osenga, DeMoss, and Casagranda. Terry had met with the city's state lobbyist and spoke about potential funding opportunities. She had discussed redistricting and the jail contract with the AML executive director. Some of the classes she attended included: Alaska Municipal Climate Network, Housing & Homelessness, Encouraging Alaska's Business Development, Municipal Bond Packages, Port & Harbor Coastal Infrastructure, and the Grant Writing Workshop. She had also attended the Legislative Positioning Committee meeting. DeMoss attended several classes, including: Childcare & Early Learning, Open Meetings Act, and Encouraging Alaska's Business Development. MAI City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page Casagranda attended the business meeting with the city manager. She said there had been a lot of discussion about lessons learned through COVID-19 experiences. The Alaska Small Business session she attended had been excellent and had provided proactive ideas for small and local businesses. There were discussions about the shortage of workers this year; she thought perhaps some of the issues with a lack of workers related to rental assistance programs still being in effect. She was concerned that there was little discussion about J-1 workers. Kenai Peninsula Economic Development District Report by Executive Director Tim Dillon. Dillon appreciated hearing the reports on the AML conference. He welcomed DeMoss to the KPEDD board. Dillon said he had been asked to coordinate mayors and city managers from Railbelt ocean communities to uncover issues; Seward had been participating in those discussions. He said the mayors across the Kenai Peninsula had also been asking to form a collaborative group. The KPEDD Industry Outlook Forum would be held at the Kenai Visitors Center on January 6, 2022; the program would be a hybrid of in -person and virtual sessions. Presentations 2021 Virtual High School Student Exchange with Obihiro, Japan. (Video) PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2021-129, Adopting the City of Seward 2022 Operating Budget and Setting the Mill Rate. This resolution had public hearings on November 22 and December 6, 2021, was amended on December 6, 2021, and is coming tonight for a third public hearing and approval. Bower said there were several amendments made to the budget that related mostly to health insurance. She noted that enterprise budgets did not need to be balanced like the general fund did because enterprise funds were run like businesses. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Amend (Calhoon/Terry) Amend Resolution 2021-129 under the line item for the Feasibility Study for a Community Recreation Center by striking the amount of "$100,000" and replacing it with "$50,000". Calhoon said he thought that pulling together some of the local resources, like the Senior Center, Boys & Girls Club, and AVTEC, to discuss what available resources could be pooled together to create a community resource. 273 City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page Casagranda wondered what the impact on having a feasibility study done would be if the budget was cut. Bower said the $100,000 was a placeholder estimate, but conducting a Request for Proposals (RFP) would indicate what the true cost would actually be. Terry stated that council would have to approve a contract and make any necessary budget adjustments before the city could act on having a study done. Motion to Amend Failed Yes: McClure, Calhoon, Terry No: Casagranda, DeMoss, Wells Main Motion Passed Unanimous Resolution 2021-130, Adopting the City of Seward Six -Year Capital Improvement Program. This resolution had a public hearing on November 22, 2021 and is coming tonight for a second public hearing and approval. Bower said having a Capital Improvement Plan (CIP) created in this manner was brand new for the city. She planned to start the process earlier next year in order to have more thorough discussions. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Resolution 2021-144, Approving the Calendar Year 2022 Legislative Priorities. Motion (McClure/Casagranda) Approve Resolution 2021-144 Bower requested council make an amendment to the item in Section 1 relating to ductile iron piping, and provided specific language to the city clerk. Amend (Casagranda/McClure) Amend Resolution 2021-144 in Section 1 by striking, "Replacement of ductile iron piping in the Water Department" and replacing it with, "Replacement of galvanized and transite (AC asbestos - cement) mains with ductile iron water main piping in the Water Department." 274 City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page Bower said this amendment would clarify that the existing pipes would be replaced with ductile iron piping. Motion to Amend Passed Unanimous Bower said she intended to create a small pamphlet for the city's priorities to be used in Juneau and Washington, DC when city representatives traveled for meetings with state and federal legislators. Casagranda wondered why the Z Float, which was mentioned in the survey results, had not been included on the priority list. In response, Assistant City Manager Stephen Sowell indicated the survey response regarding the Z Float was received after the resolution had been drafted; the Z Float item was unintentionally left off the resolution. Motion to Amend (Casagranda/Terry) Motion to Amend Passed Council recessed at 8:59 p.m. Council resumed 9:04 p.m. Amend Resolution 2021-144 in Section 1 by adding a new bullet that reads, "Funding for float extension project in the Harbor for Z Float." Unanimous In response to Casagranda, Sowell said these priorities would be entered into the state's Capital Project Submission & Information System (CAPSIS), but CAPSIS did not record the priorities in any kind of ranked order. Terry appreciated the thoughtful approach that administration had with developing this list, and that they sought feedback from multiple sources. Main Motion Passed Other New Business Items Unanimous Update Evaluation Forms for the City Officials that are appointed by and report directly to the City Council: City Manager, City Clerk and City Attorney. Terry said the committee wished to maintain the January, February, and March order for conducting the evaluations, but wished to update the current employee evaluation form and create a new goal form. The new forms being proposed would standardize the evaluations for each employee against their respective job descriptions, and goals would be better defined. In response to Casagranda, Terry said the evaluation form would be completed by each council member, and then compiled into one overall evaluation; the employee would have the City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page opportunity to provide input both before the council evaluations were completed, as well as during the executive session. Casagranda liked the new streamlined evaluation form. Council directed the city clerk to bring back a resolution on January 10, 2022 to approve the new evaluation forms. Council set the evaluation dates as follows: City Clerk on February 14, 2022, City Manager on February 28, 2022, and City Attorney on March 14, 2022. Review applicants for the KPB Planning Commission. Council directed the city clerk to readvertise the vacancy, to include additional information about the role. McClure offered to have her contact information included on the informational sheet for interested citizens to contact with questions. Discuss the forensic audit presentation by Greene Forensic Accounting. Sowell stated the forensic audit had been completed, and the vendor was prepared to attend a council meeting in February or March to deliver their report; if council wished to have it done sooner, a virtual meeting could be delivered by the vendor in January. DeMoss wished to have a full council present for the report. Terry wanted to ensure the public had ample opportunity to be included, and suggested holding a work session. Casagranda suggested having the presentation on January 10, 2022. Council scheduled a work session on January 10, 2022 for the vendor to make their presentation. INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Lynda Paquette was happy to hear the KPEDD report. She also noted a particular item in the city manager report about the heliotropic effect that she thought was impactful and indicative of what a positive addition the city manager was for the community. Tony Baclaan thought it was a great meeting tonight. He appreciated council allowing the KPEDD presentation; the insights were important to hear. He had attended a Rotary meeting last week and had learned how important it was for families to have dual incomes; the cost of childcare was sometimes as much as one income that could be earned, and this represented a disconnect. He encouraged council to continue working on the connecting pieces between the workforce and family resources. Doug Schoessler said a pipe burst in city hall this morning, and the building was pretty cold. He appreciated the shout out to the public works road crews; they were working hard to keep the streets clear. The wind and the cold temperatures had a big impact on the public works vehicles and ►Acy City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page equipment; the more the equipment could be kept in a controlled temperature environment, the better the equipment worked. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower had been working on getting the Christmas lights up around the city; she wanted to continue making improvements. She appreciated council's attention on the budget, and that council worked together. She recalled Baclaan's advice to her to keep the budget process transparent, and she appreciated that. Wells had been overwhelmed this time by the budget process, but was looking forward to next year's process. Happy holidays. Calhoon thanked everyone for their hard work. He thought there would be a lot of work to do on next year's budget; he thought the city would have to tighten its belt. He wished everyone safe and happy holidays. On Saturday at 11:00 a.m., Santa would be at the American Legion. Casagranda echoed the concerns about the next budget cycle. She thanked Jaffa for the PACAB report. She thanked administration for getting a Certified Public Accountant on board, and she thanked Josh Estes for creating the student exchange video. Happy holidays. DeMoss gave a shout out to the Planning & Zoning Commission for a great meeting last week; they completed a lot of business. She thanked administration for good communications throughout the budget process; she appreciated the support getting through this budget cycle. Happy holidays and stay safe. McClure thought this was the best budget process she had been through; she appreciated the transparency. The library would have an open house on Saturday at 11:00 a.m., and then the Resurrection Bay Historical Society would have an open house in the museum at 2:00 p.m. She was appalled and dismayed that the borough assembly decided not to have their annual meeting in Seward in April; she encouraged Seward residents to pay attention to the borough activities so that the assembly would pay attention to Seward in return. Merry Christmas and Happy New Year. Terry congratulated the Seward Middle School Girls' Basketball Team for winning the borough championship. The Alaska SeaLife Center was a great place to visit in the wintertime. Terry congratulated the library on obtaining grant funding, and commended the police chief for moving the jail budget shortfall issue forward with the state. The KPEDD Industry Outlook Forum would be available by Zoom or in person. She was excited about next year's budget process, especially because a CPA would be on board. Terry was grateful for the citizens, businesses, non -profits, city staff, and boards and commissions for all their support, input and work this year. The tsunami maps were being updated and would be distributed to the community. Merry Christmas and happy holidays. ON City of Seward, Alaska City Council Meeting Minutes December 13, 2021 Volume 41, Page ADJOURNMENT The meeting was adjourned at 9:50 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 278 City Council Agenda Statement Meeting Date: January 10, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Schedule a Special Meeting with a Committee of the Whole to Discuss the Legal Relationship Between the City of Seward and Providence Hospital Background and justification: In 1996, the Seward City Council passed Resolution 96-040 to create a single health care center, known as the Providence Seward Health Center. The Providence Seward Health Center currently operates in City owned facilities; located at 417 First Avenue and 2203 Oak Street. Additionally, a City bond exists for the property located at 2203 Oak Street, in the amount of $14.3 million dollars which is scheduled to be paid off in 2033. City Administration wishes to schedule a special meeting with a work session for the City Council to discuss the pros and cons associated with modifying the legal and financial relationship between the City of Seward and Providence Seward Health Center. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.6 Health Care Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Finance Director Signature: Attorney Review-' Administration Recommendation x Yes Adopt Resolution Not applicable RX Other: Schedule a Work Session for 6 pm on February 14 M AGENDA STATEMENT Meeting Date: January 10, 2022 From: Brenda Ballou, City Clerk Agenda Item: New Liquor License & Restaurant Designation Permit Endorsement BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to approve the NEW Liquor License and Restaurant Designation Permit for the following business: Business: Gateway Hotel Licensee: Gateway 82, LLC Type: Beverage Dispensary — Tourism with Restaurant Designation Permit License: 5983 The City of Seward Police, Fire, and Utilities Departments, as well as 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 liquor license, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the NEW Liquor License and approval of the Restaurant Designation Permit for Gateway Hotel 95983. 280 RECEIVED DEC 2 0 2021 OFFICE OF THE CITY CLERK MEMORANDUM Date: December 8, 2021 To: Naneth Ambrosiani Jeremy Rogers Chief Alan Nickell Chief Clinton Crites From: Brenda Ballou, City Clerk Finance/Leases Finance/Public Utilities Police Department Fire Department Vim RE: Verifying Compliance for the NEW Liquor License & Restaurant Designation Permit The following business has applied for a NEW liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Gateway Hotel Licensee: Gateway 82, LLC Type of License: Beverage Dispensary - Tourism License Number: 5983 Department Status Initials Finance/Leases C(TT LIRI - II. Finance/Utilities 4� r - Police Chief A ) 13�%I 0 Fire Chief �� /«., � %C e-r lo2 A /-P I isz i Deadline for Protest: February 5, 2022 (60 days from receipt of notification) Last Council Meeting for Approval: January 24, 2022 RETURN TO CITY CLERK no later than Tuesday, January 18, 2022 LW 16 h{ 5 v A,-5- ON 12/10/2021 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type [PreviousText] Dear Ms. Ballou, Johni Blankenship, MMC Borough Clerk Gateway 82, LLC Gateway Hotel Beverage Dispensary/Tourism 1 1 15 4th Avenue, Seward, City of Seward 5983 New Liquor License This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk cc: Tom@TMTalaska.com; clerk@cityofseward.net; JVanHoose@kpb.us; SNess@kpb.us; MJenkins@kpb.us QYA THE STATE °1ALASKA Department of Commerce, Community, and Economic Development GOVERNOR MIKE, DUNLEAVY ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 7, 2021 Gateway 82 LLC DBA: Gateway Hotel Via Email: tom@tmtalaska.com; iosh@sewardgatewayhotel.com Re: Liquor License #5983 DBA: Gateway Hotel Dear Applicant: I have received your application for a liquor license. Our staff has reviewed your application after receiving your application and required fees. Your application documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.310(b), AS O4.11.510, and AS O4.11.520. Your application will now be sent electronically to your local governing body and your community council if your proposed premises is in Anchorage or certain locations in the Matanuska-Susitna Borough. Your application will also be sent to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the issuance of your license or waive protest. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). If you have not yet received all necessary approvals, such as (but not limited to) a local license, conditional use permit, site plan review, Fire Marshal approval, or Department of Environmental Conservation approval, you should continue to work with those local or state agencies to get the requirements completed. Your application will be scheduled to be considered at the January 18, 2022 ABC Board meeting. Your application may be heard while some approvals are still pending; however, your final license will not be issued, and you will not be ready to operate until all necessary approvals are received and a preliminary inspection of your premises by AMCO enforcement staff is completed. The address, agenda, and call -in number for the meeting will be posted on our home page. Please feel free to contact us through the alcohol.licensing@alaska.gov email address if you have any questions. Sincerely, � 455__ Occupational Licensing Examiner Alcohol and Marijuana Control Office 283 -wx,,! and Ilia. j . jujna Control Office S52 ',V 7'_ avenue, Suite 1600 Anchorage, AK 99501 ...... . ........ Aiaska A"�cohcAic Beve-age Con,--ce,] Euziij Phone: 907.269.0350 Form AV-00: New A'ppiliscat.on form? This npw !xc­..se appllcat;3^ firm reqjjr_cf s. fc� all o-, enti-'iez -1b t() 3PPI/ fY . riev, ! IJor "Ce.isE. Appkann shOLIlC' Tifle 04 of Alaska Statutes and Chapter 3W of rh- ~,e AP o' tn;s form must be corn,olezed, uer,4S 04.11.260 and 3 AAC 304.105. This for;;.. m�ust be cu'ivp'eeed ar.,d sL�;:,3ittej Lr befcaE �ia-'y 3ppNc�t�3or, will )e coriside: L. Section 'I — Est2bAshrne.-A Ln�e.c in,'^rmaticn for the business sez-ti<;na. to be licensed. lype. Beverai,-e Dsp­--ry AS 04. 1 1.400(d) Premises Atpress: i I L A Ave. I se --ward Lody. I C i ty of S, Pwa rd, K. e �I a 8 rl ris U a C c;, �;I-act 7--naii Yes License -I P ID So x 5 8 3 0- Thornas C. Toucas P N o "Ye-,", vvrte yo"r corl-PISL- Date: _J 3 -7dm, 1000 —_7 ZA F'� • issue Dc:-,e: 1`�:oxn Oev 10/10 '2M 6) 284 Prennises to be ficens&.d is: an existing faciiii,,,i Aco!lol and Varijuana Control Office SSO IN 7'1'.Avenue, Suite 1600 Archo-age, AK 99501 rnco . ........ ... Phone: 907 20Sl 0350 V -age Contr&,''. t Flever Form AB-00: N - L.1c Section 2 - F i . -L - 9WOrMfillti0j, a new building The next Wjo questions must be ccampieted bv beverage dispenszr"' ih an" �pJrants the rlistntv:e o: tsie sh.orte�t qadesTr�-, _.;AE_ f.CNM 'L'?-F ;OLY V'­-_ c)uter boundaries of the nearest school grounds? mcWde vh�= j n t "j, me-'s out F_8 Miles 'Seward Dementary,J the distance ®f the sho.,test , 1_. i'l _'. '3posad t,­j2 public entrance of the nearest C, L] miles (Sewar Nazarene Chi'r,__,), Section 3 - S*.,,a Proprietor Ownership iijiorniatioil, This Section niusi be completed by all S;oie prop,,le-, r vjYj0 ,, ­.; - !"! ­ '' ' i; Ace -nse. Eylt:lies shou�ij Skip tc SC If m-'re spaoz is needed, please attach a separate sd�2et­,`:th The fioi;owing information must be completed for each ! lce,iseme 2 nn, -n-ach. a that:' 'spcusei. This individual is an: j applicant aff.; j; a. L Name: Address: City! State: _Jappkant i3 16 L -3 hn� ALJa,.ssz ZIP., (,-ev 10/10/2016) IAJMCC I-aga 2 of S OCT WON OZ-11 Aicolioi and N/12rijLfana Control Office 550 W 7c"Averuc, Suite 1600 Lln c o AK 99501 c o acom ..... ... .. --- "hone. 4-'/.2HI.0350 Alaska AlcohAc C--4v=v6;-e CLn— orm AB-00: New Licer-I., Application Section 4 - Entity Ownership Informatiet, r 11 j he cornpleted ary e9n9 r7,t;Cn M Yj o� ng f I !�,e I If mll.? spat,- plerse ;!tlach a -,eparaz-- —,nj • f ' h e a p p cF nt Is the f o! ovii ng nf o n-nation n- j st b e ro.,-npl e.+ ed for each w'��c Lvas 13%. cr of the stock in the corporation, and for each vice-president, ssnreltc�;-y, and cl�,F--r • if the applicant is a flrn,AA- Has�,,ii6,'.v grgarkati3r:, the followinE inz :orryiation must oe rr each omieo-sh.i-D interest cj 10% oryno.,2, and for each irmarnager. 0 if' applican'L is :2 fa?-,.ngrshk. including a the Viowing, in-lormation rn�,s: �-,,-,ceinoietec! for each: onrtner -Yt.1 Ulf MtfW.m jj iu/-, of f-ure, anC T1-r eacri ,FE n. "6 �4 t V OCkd: 1 Thomas C Titlels): are a r) 5i Ur, rse i i7 4 0 V) n e,! Ar,ldress: FO Box 2127 1 City: i Seward i Rite: AK Manag PF-one. i 907-224-8020 % Owned- Ncdrem il RO Box 1571 C� tv: Seward State: IC, ZIP: i EnCAY Officiai: David "Foucas :rl r;ager rA,�'reess: PO Box 5W9 City: 1 Bremerton, State: i �iVA 0 EmIty OfEcial. I ,Seward Wi4ife Cruisers, LLC klember Phone: AJedress: PO Box 1571 r7tv, Seward i sUze: 907-224-8030 z1P: Pd�!e 3 of 5 [Form. AB-00) (rev 10 110/2016) OCT 272021 or-14 Alf -oho: and Marijuana Control Office 55J Vv 71 Avenue, Suitc. 1600 Anchorage, AK 99501 V go b,"amc . . ........... .. . .. ........ ...... . . ...... . ..... - A'�ask-a Aicrn,3Er Bev�-�-Iae Bo,3rd 11hon� 307.2'D9.0350 A_n Form AB-00: New pp,do A.vt- - 0— DrDti MF -�lr �', iJ �:s a;ta :-c- in g as L ag--n-.- �- 11C L's a- n,!�l L,;Ja i re -,;dent- Df the state of r C at. 0 1034912 1 Formed. D,--e: I Re,0s-,,ered1 Agent� S C 7 0 IJ S P —0i 3:,—,x2 '-12-- ,tate: Ulf: Seward jAK 9 9-C &, 1- Residc!ncy of Agent: is your cor,poratio;-, Or UC's regisa.aed agent an ind;vidual resident e Section 5 - Other Licenses Ownarsl ;P and financial inteTes,'- ;n other a`cohcllic beijerage Does 2ny representative oc owner named in this 3ppJcaL7.:;n -� ;ve an; (1, -c ft o ary ott,er aicoho;ic ''ever aye business that does business n 3:s licensed :n A;as,<a? Ve S N, 0 v, Yes No If "Yes", disclose which indMd ua I (s) has the fina :,cial irate, e,Iz, Yi h1ka 'I- -'n -z t,; p, a c L,usiness is, a:. rcL: :sed in Alasi,L, Mk, ich license number(s) and license type(s): T!-oma ' C. Tcugas, Colby Lawrence: Star ofthe N.rth,,.,t 344,' Km:; Sto 1--al '3627, Ye— 7p, u, Cjm—bCc,nc,Yea .- V e,,tnder: Common Carrier Year Round 5215. Crca Song. Common. Cam Year Round 53CO F,a:,%v e2th-- ExPress 2. Common 'Carr er Sea5cna, 51 !2, 3p! of AJerture: Ccmm or C3.,rie: Se, sona, 5077, Glac.er Exp,,ess. Common Carrier Seasonal 4962, Yukon Gueei Common Carr e,, S, as-aj 52t Snin! of,102ts',kn: Common Ca n-. x 6n Section 6 -- Authorization Corylmurkation with xV,-1-0 stalm Yes No Does any person other than a licensee named in this applj'caticn have authority to discuss this license with. �Vlco staff? F1 F A if "Yes", disclose the n3rne of the individu2i and the reason':jr t ; s J��sh HIlestad, Purchasing, Manager i .:)s ;-i CcD_,sewa rd gate vvay,*-,. otel.con, i H -2,110110001�:�) ------ —, Pa.4 AMCC OCT 2 7 287 A!cchol -.nd \Marijuana Control Office 55,') `JV 7" Avcl'Le, Suite 1600 Anchorage AK 99501 --- t'---'IL_ Phone: 907.269.0350 6k: Beva,•,a3ye ;;r Board Section 7 - Certifications Read eaE? (i;;a belcvy, ac '•� ss4gr: initials in the bux to zhe right of Lac.h, f Cei ti`✓ that all proposed !ICef15Pe5 (as c ef:ned !n A5 CA 7 2.7.60` and affi!;at£s have been ?!s:eo on th,r applicatio ,l. I certify that all proposed licensees have been listed with the rrjivis Cr; of Corporations I certify that I understand that providing a false satemerjt on this form or any other for,:t piev'de•a by ^/i+ J is grounds for rejection or denial of thi; application or revocation of any license issued, i certify that all licensees, agents, and ernp!oyees who sell or serV< 6!C0n(,iiC beverages (�r ci:ecK the i :'31ion o1 a patron will complete an approved alcohoi server education cour_e, it requ,reo by AS 04 %1.G2S and,v..- h- elling c..r serving alcoholic beverages, will carry or have available to show a current course card or a ;_notocor ,,, of the card - certifying completion of approved alcohol server education course, it required by 3 A,"C 304.46 -55 I agre2 to provide all information required by the Alcoholic Beverage Con`rol ward in si.ppor t of th ,; opplic4tion. !i As an applicant for a liquor license, I declare and , n.-alt}� of per u y that i h;we read and am famdia .vith ,`�S C,4 and 3 AAC 304, and that this appl' 'on, including all accompan ' g hedules and statements, is true, correct, and con oleia. Signature of licensee mature of :r iar�; �F r.i�7lic j I�ovytus�_ QS _ "k ,yary Public in a^v `cr the State "fin 1t�1 Printed name ofli ,UM fi/ .��% A L J kY ,o�, O i l 71 �� moo...... , I My co: imissior? expires: Q'.• EXP. d . p s o j���'1®��T��@M�Y bscribed and sworn 'cc; before me this ��_ day of o 00 "V O ,o60 Izorn; AR-101 (rev 10/10./20i6) Page 5 of 288 Alcohol and Marijuana Control Office oAARIJUq,y, 550 W 7`h Avenue, Suite 1600 c%q Anchorage, AK 99501 e% ° alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board ST47'E0'r SOP Form AB-02: Premises Diagram What is this form? A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and 3 AAC 304.185. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that 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/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form is not required. Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page 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 before any license application will be considered complete. I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. Section 1 - Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Yes No rJ ■ Licensee: Gateway 82, LLC License Number: License Type: Beverage Dispensary -Tourism Doing Business As: Gateway Hotel Premises Address: 1115 4th Ave. City: Seward State: AK ZIP: 99664 [Form AB-02] (rev 06/24/2016) Page 1 of 2 Itt 911]I /\ AAIE q IFTHSDINENSION DOES NOT MEASURE ONE INCH II1 EXACTLY, THIS DRAWING 1'qC; VAI I ASBEEN ENIFRGED OR REDUCED, AFFECTING ALL LABELED SCALES , , _ I i J V I 0 g i IIj I � I I �w UI p m RiA / g H �• ��lp- �g' �o, p, V O CID DO - m v j� .3 .> 135 OLcG7 =Q�Q - m D v,Q(.05u ID- 0) >m O MAJOR MARINE TOURS "\\'�srBETISWORTHNORTH n g SEWAR® GATEWAY ����� %o: :,: 4 f w SEWARD, ALASKA � Y CONSTRUCTION OOCUA',ENTS C'0RP0RATFN0.AF.CC-l9 %VAVW.RF:FFFS{VORTHNORnl.COM / A, " /117 9Ot7Z'tZZ'LO6 (F R PETSE)11!H qsOr 179966 >iV'PJem@S '8AV 141t7 V Ja1OH fx2m9le9 PJeME)S C_j 3AOSV AdONVO LAI A uoildwnsuoo ou 13J:M 33VdS 1N3A3 /� � '�'a � a CHI VU let NNOIN ONIM31VO DUA P BRA (A CDW 30ydois toev BWOW MONVO Zotr AYIA1c, 3DYWY9 — glvm i v Vf Mi CM Sit ut LOO UN um W930 uns BLMG AVI10=313 H33VI NOM N3M ZOINOW 101" MA9O 13 WS H Z 3OU.40 VHS sool t 1 tQ13 AMOD"13 HOM 101!01 z A413 4 1 - - 17�tz itv lZE 4 30 17 A rAt BE,:'-T UAIOR'i Ne 292 INZ/.7 M CO Iti „r GATEWAY HOTEL .r Alcohol & Marijuana Control Office 550 West 7th Ave. Suite 1600 Anchorage, AK 99501 Gateway Hotel 1115 4th Ave. Seward, AK 99664 RE: Security Plan To whom it may concern, In order to allow minors to gain access through employment or dining to the breakfast serving area/ conference area the following security plan has been adopted. Pictures have been attached. - AOcoW Storage/access: As the serving is only for special catered events all alcohol will be stored an approved off -site facility within our main warehouse. Access to the locked room & locked walk-in cooler will only be given to approved personnel as needed. - AicoW Dispensing: Alcohol will only be permitted inside the conference area, which is separated from the main hotel complex by a series of double doors and the outside deck directly connected to the conference center building. The outside seating area is bordered on one side by the building itself and on the other side by a sidewalk railing 48" high and a creek. The only access to this outdoor area is through the door from the conference center, from the sidewalk at the parking lot, and the sidewalk from a rear stairway entrance at the hotel main building. During events chains will be placed across the 2 sidewalk openings and signs posted warning about no alcohol beyond this point. (See pictures) Only TAPS certified employees will be used in the dispensing/ serving at all catered events. - Enforcement: Onsite management will be assigned to enforcement duties during functions in which alcohol is being served. This includes making sure minors do AMCO Received 11 /30/2021 294 GATEWAY HOTEL � not have access to the alcohol and that all alcohol stays within the designated boundaries. Sincerely, //Z&� Parking lot (East Side) Sidewalk View 295 AMCO Received 11 /30/2021 ail �# c „ W z> ! a�stairs entrancet I,. ,. y �, _ y �. 4 to t � !,✓�•-tic ..� . � �,, s•3 <�+�.ri ,.•.i•a-J"� t��� F.i����� �.�:a�•y 1WJ'iN ir; i .3 S _ .. ,..-. tam'-S�� *._ �_ 1� _. �ii':,�+��,"<'.� -.v►<. 1.. � '� a • •' t� +R' a1' '=� • � �?^ ^i'B`!s yA �ti � �. L n' • •� � t • &0. , i GATEWAY HOTEL .� BuHdhig Access Deck V euu 298 AMCO Received 11 /30/2021 GATEWAY HOTEL Conference Area/ GLOW Access [Doers, 299 AMCO Received 11 /30/2021 Alaska Alcobcfic Revena-g& Ai,,iclh:' C.-nLrc! Office 55D V! 7"' Avenue, Suite 1600 Anchorage, AK 99501 a i'il CO Phone; 907.269.0350 i-orm �3-03: Restau, -Ai nt Permit Application WhaL is &,i-z form? A reslaur;Mt d2s"grl-1t; on cprm it a pp1;ca-,;! on is rcquirec for a in.-_ _`;Csi.gr at I n Lr 1 "04,_1 15 -- 3 AAC 304.795 as a bona "Ae restaurant, hotel, or ept;n8 olace for purposes of AS or AS 04.16.049. Desigr7at.ion wit! be grantee' only to a holder of a beverage dispensary, club, recl-eat;onal site, gulf course, or or eating p,ace iicer.sc, 2nd on!y if the requirements of 3 AAC 304,30,,_- 3 P,(AC 304.725, and 3 AAC 304.745, as app!icanle, are ml-­_ fk menu or exnecioc 19 -re.,.- iisrm- tne —neais, entrees pi-epared onsite offer ,d to pat: -oils, a!-, copy 3f th, DE,:- iicenses located in the Mumcill-aliry of Arichoraga) must accompany torf^. Ap; ,.�:an,!.c, sric ;id AS J4,i&G49—AS Cd.16.CD-2 5 AAC 304.715 — 3 AAC 3C4.795. All fields of this form must be J, e.r e madc- by cred;t card, chel�k, cir money (�rder. Enter Uz ens �, Type: Do:-,ig Business As: arnisEs Addres-c. IKY: Section I - Estab0s_hmvn-.4. lir-Irmmation L_t-ld en:Age Dspensary- License Number: Gatevvay ,H],:Aci� Section 2 - Type of A: - or Ai�OA.16.049, and for the req,rze�� -1ft, -K 7 CA EofJl I• 1 C. 50 e 5: E r�. 2. Dining 6persons 1E 20 years c,,f age: AS persons under vne age zv ', i, yearr, r 12 ?CP-- 5 04. -1 E,0491a;(3) EMPOYvr'P_-�t for iievsciis IS or 17 Vti.ars Undl?, k., 014.1_c:'1.04Sq�Vj, ii-lis 'Ij_-riTIiE IS IJ;, a c.e rso,-. 18 - 20 years sf age. Trcinsactscn A, 1 l'I on -9=l ':2v,; 16/2019 Psge I of S 300 J 6kohof and Varijuana Control Office 550 VI/ Suite 1600 Ar chorage, AK 99501 8 0 Pt L,,ce: 907.269.0350 Form ["i - 0 3: lstauir:,��i ilt Application Section 3 - Minor Access List withi*n the prernIses Mino!'s ave anticipatad to have f. r-M )T ;rc !ieci:or! z. itxarnple: Minors wW oniy be allowed in he dinin2l, grza. 1 �le em, Dn,�� j)-esent :n the Kitc _JM_11� pioyr- ` Minors will be all.ovv,ed ;n both in he din'�ng areas and it Descri,ie the practices and' procedures koil be in e t-; 31"1 accsss tc, aicohovkf;1189 dining or emplovec:- at your prerniset. Alcohol is sored in af I off 7-,-rj J,_-­a4LJor,, wi!: tb:-- J­ �c eve it is scheduled_)/- c C, -0 OL cj,,.o Yes No Is e,nj rnanagL-r, or assistant manager who is 21 years of age or JACH 3&�; erV'S M-eSerill 51 ljjep,,am'�l cluriing bus�ki-+2ss hfjuis? isci - E 7-1 L Section 4 - DEC Food Service Permit Per 3 AAC 304.910 For an estab!ishmej)t to qualify as a Bona Fide Resta.raj-.t, E, Food Service Derr-.,; -:.-(for' ;censes within the "Municipality of Anchorage) corresponding Department of H,-,a!,,h and H'..man Scrv.ces d0CLn1:1rt:at or, Is reauiied. Please fc4i4.v this iin!,, to the DEC Food Safety Website: f:ttP:/I'd,-C.2!aS!,9.p-ov/eh/+ss/,'Oo�,,' Please follow this link to thp- MunicipAty Food Safecy lftfebsc,2: http:/,)"vvww.niuni.org/Departrrierits/health/'Admii-,/enviror),mf--.-'L/FScz/,Pages/1,Ssr-occ'.- _­Px lF you are unable to certify the below statement, please discuss the ,.•-nai7ei vvitrz tne.'"Uvico 0.4ice: initialls 1 ha,.- attached a copy,: of the Cu,-rent' food se: -vice perx.it ;or pre-;,: , --s 0hE J!,?re: 7:e':v "Plec'Se m)te, ;If c plan revfcw opPr9v('11,-1- submitveo, ofinal nerm-f, wifl.!,e [fora i A.B-03,1 (rev 4116P-019 Pa;;e 2 of 5 all GATEWAY /'\ HOTEL .� Alcohol & Marijuana Control Office 550 West 7t" Ave. Suite 1600 Anchorage, AK 99501 Gateway Hotel 1115 4t" Ave. Seward, AK 99664 PE: Security Plan To whom it may concern, In order to allow minors to gain access through employment or dining to the breakfast serving area/ conference area the following security plan has been adopted. Pictures have been attached. - Acohoi Storragelaccess: As the serving is only for special catered events all alcohol will be stored an approved off -site facility within our main warehouse. Access to the locked room & locked walk-in cooler will only be given to approved personnel as needed. - AIcohoU Mspensinge Alcohol will only be permitted inside the conference area, which is separated from the main hotel complex by a series of double doors and the outside deck directly connected to the conference center building. The outside seating area is bordered on one side by the building itself and on the other side by a sidewalk railing 48" high and a creek. The only access to this outdoor area is through the door from the conference center, from the sidewalk at the parking lot, and the sidewalk from a rear stairway entrance at the hotel main building. During events chains will be placed across the 2 sidewalk openings and signs posted warning about no alcohol beyond this point. (See pictures) Only TAPS certified employees will be used in the dispensing/ serving at all catered events. - Enforcement: Onsite management will be assigned to enforcement duties during functions in which alcohol is being served. This includes making sure minors do AMCO Received 11 /30/2021 302 Allas,'�z AUcohcdic Severage Control Board Alcohol and Mlarijuana Control Office 5-I0 'V' 7tIAvenue, Sijite 1600 Ancnocage,.AK 99501 "'arnco Phone: 907.216-9.0350 ,armAB-03: plicz�� 4 Review AS 04.16.010(c). Enter z.H it -,as t,s that your establis�rn„�,s intends to be Incluce va;ancz-s �'n houg-s., a ------------ I C)orn wi!b.-Open from 6AivI-I0iAA;I a ;al M: only. as ram" eduled Se-stion 6 - Enfertainrni,2,ti? vr r�qre ;y forms 3f entertainment offerel or availa'L le v,,;th;n t�`IC Yes N o witih-,the proposed IiLeIlSed rfferrjSe.;'? If "Yes", describe the entertainment offered or available and tlse h3urs in which th., 2i-II-,2Fn: Amen!- sv a,; ecciur,- Er,,I'e—oinrrze!-.,t ma,,! in.dLide Fve. etcA ;S. —I 7- �--! rr —I table service bUffet SerViCe cou,�ter serv;ce cner If "other", describe the - n'ianner of food and beverage service oAered or antic ---- --- - --- Page 3 of 5 09191 aska Aicoh,,coi- Beve,-�ag�� Alco-ol and Marijuana Control Office 55C VV T` Avenue, Suite 1600 Anchorage, AK 99501 �a b!Fmcc) ... . ... : !- --- Phone: 907.269.0350 Form AB-0D: 1- - Restau, Ipplication ,Section 7 - CertificatFo. App 'lea bet an C, team sign yo j r 7nfti a, Is An, tlie L:;x I o the a act: state rnent: Thera: are 21cles or ccunLers at my establishment for con-surninp Rocl ifi jir:rg on t.i,E prernist---. I have inducled vAth this form a menu, or an expected menu, list;ng the -ieato !DE- c"er-o to oa,,,-ons. This -nen,. includes ectcees t1ra' ac,- -Eguialy sol� arC piapared by :;cs. I cert7i'v that the license for which I am requesting oe-signal-lon Is e,tner a '-,e, erage aispLn,- --,ry, club, recreational s�ie, golf course, or restaurant or eating place license. have ;nc!uded with this appiicaticn a copy or the mosi ' recent A3-C2 cr AE-14 fothe premise-s tc be permitted. !A3-03 applications chat accompany a new or transfer license opPlication .,?at be requi, ed 'o odoiticnal coot of d.:Cgrarr.) i declare un nalty of perjury that thi r ,including 311 attazhmer!LS arid a-c,--,D,-r,,panyi,i3 schedules and statements, is true, correct, n n-plete. T1 Ojqd-A— Signature of 11censee -2 of Notary iJ (Jb!iC S �A D Lr� CA S> Not, - K L�ry Puck in for V�e SAF �-e c 2-:0 1 � Printed nami EXP My commissicl expires: NY 0- M 110 �:dscribed and sworn to �)eore i-ne this day of 0 OTAR.1 il�o - f_0 20 (D I rUbUU " goo or 00, ov P40 WAS\A' Local Government MIXI10,Y be completed by an aporopriate c-)cai official): r),-0%.ed Denied A Signat-ire -i ic-cal govEmrric7it cffic:al to Printed name of local government official Title [Forrr (rev 4/16/2 0 - 1 19 Pag Pge 4ofS AACC 019y, I .40cor.ol and Marijuana ConTrol Office 5501 W 71 Avenue, Suite 1600 Anchorage, AK 99501 .. .. ............. .. ..... -1-1-- .,� :.- ... ....... Phone: 9017.1169.0350 A ka l �j Form AB-03: Resta u Application �e T� e ',f 2 J. I! Recommendai'.or�: Aoprc.ve Deny Signature r-,f AMCO EnForcement Supervisor Da -CC Enf,..,reri-,ent Reconirr.,,enclations: APOCO Director Review: Printed name L" ?;MCC cnf-,DrcernenSUS"ervlrOf .Approved Denied Signature of AMCO Director Printed name of AMCO Director Date Limitations: Page 5 AMCC of 01V 2021 EStablfishc,.t%rt Usuad to. GATEWAlk XZ LLC For Seward Gatevvay: Hold )y Op=,Irion of. FF-6 Delil at: 1115 4a, Ai, an P,fMi! s!wcd, dci or r--vatted by the dcpl*1WCJ-�L Thi" 116-fMit k "Ot trend e-3;Ae R)r 62fige of in theust3bEsIm,11 tjjj(t 15 tilc jr)pertv of AI rnf 613 Datc: 31, 2021 if you have questions or rivviriding ssfe food handling p:atl.;cvs cz:v jakI fro�z-t (in I 41111 GATEWAY OvN HOTEL S E W A R G A L A S K A Alcohol & Marijuana Control Office 550 West 7t" Ave. Suite 1600 Anchorage, AK 99501 Gateway Hotel 1115 4tn Ave. Seward, AK 99664 RE: Menu To whom it may concern, The following is a list of the menu items and the vendor used for the Gateway Hotel breakfast serving: - Frozen Waffles (US Food) - Pre-cooked Bacon (US Food) - Pre -Cooked Sausage (Sysco) - Frozen Omelets (Sysco) - Yogurt (Sysco) - Apples/ or misc. fruit (Charlies) - Bagels/ pastries (Sysco) - Dry cereals/ Oatmeal (Costco) - Assorted juices/ milk/ coffee AMCC , 01, f Y, 7 2 0 ? 7 Sincerely, r 307 CITY OF SEWARD PO. BOX 167 SE=WARD, ALASKA 99664-0161 January 5, 2022 Sarah Oates-Daulton Records & Licensing Supervisor Alcohol & Marijuana Control Office 550 W. 7'�' Avenue, Suite 1600 Anchorage, AK 99501 Dear AMCO: • Main Office (907) 224-4050 • Police (907) 224-3338 • Harbor (907) 224-3138 • Fire (907) 224-3445 • Fax (907) 224-4038 The City of Seward conducted an internal compliance review for the renewal of the liquor license listed below. There were no objections raised by any departments during the review. Normally, this item would come before City Council for review and approval, but due to changes in the December meeting schedule, council's review would be delayed to January 10, 2022 which is outside AMCO's deadline. Therefore, by default, please be advised that the City of Seward has no objection to the renewal for the following liquor license: Name of Business: The Highliner Restaurant Licensee: Phil Zimmerman Type of License: Restaurant/Eating Place --- Public Convenience License Number: 5621 Please let me know if you have any questions or need further information. Sincerely, Brenda J. Ballou, MMC City Clerk cc: Applicant File KPB 308 n MEMORANDUM Date: November 8, 2021 To: Naneth Ambrosiani Finance/Leases Jeremy Rogers Finance/Public Utilities Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Brenda Ballou, City Clerk RE: Verifying Compliance for the Renewal of Liquor License rA 4 � RECEIVE[ NOV 18 2021 OFFICE OF THE CITY CLERK The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Highliner Restaurant Licensee: Phil Zimmennan Type of License: Restaurant/Eating Place — Public Convenience License Number: 5621 Department Status Initials Finance/Leases Finance/Utilities CIA ► �.i�. I Police Chief Fire Chief Deadline for Protest: January 7, 2022 (60 days from receipt of notification) Last council meeting for Non -Objection: December 27, 2021 RETURN TO CITY CLERK no later than Tuesday, December 21, 2021 jA.M. 11 309 'ALASKA GOVLRNOR ' IKE 1)UNLLAVY November 8, 2021 Kenai Peninsula Borough City of Seward Department of Commerce, Community, RECEIVED and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71h Avenue, Suite 1600 NOV 0 8 2021 Anchorage, AK 99501 Main: 907.269,0350 OFFICE OF THE CITY CLERK Via Email: clerk@cityofseward.net; bballou@citvofseward.net; mienkins(a@kpb.us; ivanhooseCa kpb.us; sness@kpb.us; btaylor@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us jblankenship@kpb.us; tshassetz@kpb.us; ciackinsky@kpb.us Re: Notice of 2022/2023 Liquor License Renewal Application License Type: ; Restaurant/Eating Place -Public Convenience License Number: 5621 Licensee: The Highliner Restaurant LLC Doing Business As: The Highliner Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov 0191 RECEIVED 61 8 41.tk Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1500 �`� f•'� NOV 0 S 2021 Anchorage, AK 99501 i alcohol.licensing(@afaska.gov + 0MCE OF THE https://www.commerce.alaska.gov/web/amco i' TY CERK Phone:907.269.0350 Alaska Alcoholic Beverage &tro Board GA- ot.a��`2022-2023 Master Checklist: Renewal License Application Doing Business As: The Hlghliner Restaurant License Number: 5621 License Type: Restaurant/Eating Place -Public Convenience Examiner: (S, Transaction #: 100288163 Document Received Completed Notes AS-17: Renewal Application 10/27 App and License Fees 10/27 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit 10/27 �1 g C01 / COC / 5 Star / FAA Cert FP Cards & Fees / AB-08a Late Fee Names on FP Cards: Yes No N/A CBPL Entity Printout included? ❑ ® ❑ Business License Copy included? © ❑ ❑ Background(s) Completed & Date: ❑ © Ffi 1 Special Consideration: Board Meeting Date: i CS - 2 u LG B Sent Date: 4 I - �2- (,2-1 LGB Deadline Date: LGB 1 Name: ;v' sr-wo"'d- LGB 2 Name: t� Waive ❑ Protest ❑ Lapsed ❑ Waive ❑ Protest ❑ Lapsed [Master Checklist: Renewal] (rev 09/22/2021) Page 1 of 1 as 01. & 11.Ile Alcohol and Marijuana Control Office 550 W 7 Avenue, i Suite 1600 AMCO Anchorage, AK 99501 alcohol.licensing@alaska.goy htt s_ /wwvr.commerce.alaska. uv web amco Phone: 907.269.0350 r 12rtr)10,,�`k Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 General Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2021 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not beer postmarked by 02/28/2022 will be expired per AS 04.11.540,3 AAC 304.160(e). o All fields ofthis application must be deemed complete by Aiv1CO staff and must be accompanied bythe required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304.105 • Receiptand/or processingof renewal payments by AMCO staff neither indicates nor guarantees in anyway thatan application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee (owner): The Highliner Restaurant, I.L^ License#: 5621 License Type: Restaurant/Eating Place -Public Convenience Doing Business As: The Highliner Restaurant Premises Address: 303 Adams Street, Seward AK 99664 Local Governing Body: City of Seward ( Kenai Peninsula Borough) Community Council: r your mailing aaaress nas cnangeo, wrlie tine Ivtvv aaaress oeiow: Mailing Address: City: State: ZIP: Section 1 - Licensee Contact Information Contact licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: I Phil Zimmerman I Contact Phone: 19073623291 Contact Email: gpenterprise88@gmail.com j Optional: if you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: {Form AB-171(rev09/21/2021) MCC Page 1 of 4 312 A\CCfJ Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 License Renewal Application Section 2 - Entity or Community Ownership Information Sole Proprietors should skip this Section. Use the fink from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity #. Alaska CBPL Entity #: I Entity #: 10072580 1 READ BEFORE PROCEEDING: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI -approved card stock, AB-08a's, payment of$48.25 for each new officer with a date -stamped copy of the CBPL change per AS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS O4.11.050(c), DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. Corporations of aga type including non-profit must list ONLY the following: c All shareholders who own 10% or more stock in the corporation Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned Limited Liability Corporations, of any type must list ONLY the following: n All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentageowned Partnerships of any type, including Limited Partnerships must list ONLYthe following: c Each Partner with an interest of 10% or more o All General Partners regardless of percentage owned Important Note: All entries below must match our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned of applicable) and a ful I mailing address for each official of your entity whose information we require. If more space is needed: attach additional completed copies of this page. Additional information not on this nape will be rejected. Name of official: Philip Zimmerman Title(s): M E� Phone: 9073623291 % owned: 50 Mailing Address: 33318 BEAR LAKE RD, SEWARD, AK 99664 City: Seward State: AK ZIP: 99664 Name of official: Vivian Zimmerman Title(s): K ty" e z_- Phone: I 9073621560 % owned: 50 Mailing Address: 33318 BEAR LAKE RD, SEWARD, AK 99664 City: Seward I State: AK ZIP: 99664 Name of Official: Title(s): Phone: % Owned: Mailing Address: City: State: ZIP: [Form AB-17] (rev09/21/2021) 091 Page 2 of4 ANICO Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 License Renewal Application Section 3 - Sole Proprietor Ownership Information Corporations, LLC's and Partnerships of ALL kinds should_ skip this section. READ BEFORE PROCEEDING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each newowner or officer and a date stamped copy of the CBPL change per AS O4.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Note: All entries below must match our records, or your application will be returned per AS 04,11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. This individual is an: Applicant I I Affiliate Name: Contact Phone: Mailing Address: City: State: ZiP: Email: This individual is an: I (Applicant i (Affiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: Section 4 - License Operation Check ONE BOX far EACH CALENDAR YEAR that best describes how this liquor license was operated: 2020 2021 1. The license was regularly operated continuously throughout each year. (Year-round) n 2. The license was only operated during a specific season each year. (Seasonal) if our operation dates have changed, fist them below: ❑ ❑ t0 3. Thelicensewasonlyoperatedtomeettheminimumrequirementof240totalhourseachcalendaryear. A complete A9-30: Proof of Minimum Operation Checklist and ail documentation must be provided with this farm. ❑ 4. The license was not operated at all cr was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. Acomplete FormAB-29: Waiver of Operation Application ❑ and corresponding fees must be submitted with this upplicarion for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in 2020 and/or 2021, you are not required to pay the fees, however a complete AB-29 is required with Section 2 marked "OTHER" and COVID is listed as the reason. Section 5 - Violations and Convictions Yes No Have ANY Notices of Violatfon been issued for this license OR has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2020 or 2021? ILyou checked YES, you MUST attach_a list of all Notices of Violation and/or Convictions per A5 04JI-270(a)(21 if you are unsure if you hove received any Notices of Violation, contact the office before submitting this form. [Form AB-171 (rev09/21/2021) Page of QE1 ,0L.., ", ;o Pico = Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • 1 agree top rovide all information required by the Alcoholic Beverage Control Board or requested byAMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • I certify that all current licensees (as defined in A5 04.11.260) and affiliates have been listed on this application, and that in accordance with As 04.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPQ and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10%or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest orOwnership of the business license, and have provided all required documents for any new or changes in officers. r I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 304.465. • 1 certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. / OFMAL SEAL DIM J. DAMS gna �K' ens N4iAR1iltlSTJTE oFAlAS11A signature of Notary P is Phi[ Zimm MY CM May 19, 224 for the State of: 4G 41) , Printed name of licensee My commission expires: Subscribed and sworn to before me this day of (_i1"'4h-i-i 20 Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: $600.00 1 Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ 900.00 [Form AB-17] (rev09/21/2021) "r,C., Page 4 of4 OR Division ofCorporations, Business and Professional Licensing https_//www.commerce.alaska.gov/c€�plmain/Search/EntityDetail/100... I of 2 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska I Commerce I Corporations, Business, and Professional Licensing / Search & Database Download I Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name The Highliner Restaurant, LLC Entity Type: Limited Liability Company Entity #: 10072580 Status: Good Standing AK Formed Date: 11/28/2017 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 112/2023 Entity Mailing Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Entity Physical Address: 33318 BEAR LAKE ROAD, SEWARD, AK 99664 Registered Agent Agent Name: Philip Zimmerman Registered Mailing Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Registered Physical Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Officials Show Former AK Entity # Name Titles Owned Philip Zimmerman Member 50.00 Vivian Zimmerman Member 50.00 316 11/8/2021, 6:35 AM Division, of Corporations, Business and Professional Licensing https://www.cotnmerce.alaska.gov/cbp/main/SearchlEntityDetail/I00... Filed Documents Date Filed Type Filing 11/28/2017 Creation Filing Click to View 11/28/2017 Initial Report Click to View 10/08/2018 Biennial Report Click to View 12/26/2020 Biennial Report Click to View Certificate Click to View COPYRIGHT Q STATE OF ALASKA -DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 2 of 2 317 11,8/2021, 6:35 AM Division,of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/business]icense/search/Licens... State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download Business License / License #1063302 LICENSE DETAILS License #: 1063302 Business Name: THE HIGHLINER RESTAURANT, LLC Status: Active Issue Date: 11/29/2017 Expiration Date: 12/31/2021 Mailing Address: 33318 BEAR LAKE RD SEWARD, AK 99664 Physical Address: 33318 BEAR LAKE ROAD 9073623291 SEWARD, AK 99664 Owners THE HIGHLINER RESTAURANT, LLC Activities Print Business License Line of Business NAICS Professional License # 72 -Accommodation and Food Services 722110 - FULL -SERVICE RESTAURANTS Endorsements No Endorsements Found License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. No Lapses on record for the last 4 years. COPYRIGHT © STATE OF ALASKA - DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 2 of 2 318 1 1/8/2021, 6:34 AM STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxXx LIQUOR LICENSE 5621 ISSUED 2022 - 2023 LICENSE RENEWAL APPLICATION DUE 11 /08/2021 DECEMBER 31, 2023 (AS 04.1 1.27o(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT I-L'.BRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatinr Convenience LICENSE FEE: $600.00 1138 D/BIA: The Highliner Restaurant 303 Adams St, Seward, AK, 9, Mail Address: The Highliner Restaurant, LLC 33318 Bear Lake Road Seward, AK 99664 04-900 (REV W21) CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ I Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACF ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx SUED LIQUOR LICENSE 5621 11/08/2021 2022 2023 LICENSE ECEM ER31� 023P(ASO4TI11..270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FLBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatin, Convenience LICENSE FEE: $600,00 CITY / BOROUGH: Seward Kenai Peninsula Borough DIBIA: The Highliner Restaurant 303 Adams St, Seward, AK, 99664 Mailing Address- The Highliner Restaurant, LLC 33318 Bear Lake Road Seward, AK 99664 This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ I Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD COPY DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 7/21) [ ]IIN November 18, 2021 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Ballou, Johni Blankenship, MMC Borough Clerk The Highliner Restaurant LLC Highliner Restaurant, The Restaurant/Eating Places - Public Convenience 303 Adams Street, City of Seward 5621 License Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/ts cc: gpenterprise88@gmail.com; clerk@cityofseward.net; JVanHoose@kpb.us; SNess@kpb.us; MJenkins@kpb.us 0116, STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL 5621 LIQUOR LICENSE ISSUED 2022 - 2023 LICENSE RENEWAL APPLICATION DUE 1 1/08/2021 DECEMBER 31, 2023 (AS O4.11.270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatinr Convenience LICENSE FEE: $600.00 1138 D/B/A: The Highliner Restaurant 303 Adams St, Seward, AK, 9_ Mail Address: The Highliner Restaurant, LLC 33318 Bear Lake Road Seward, AK 99664 04-900 (REV 7/21) CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL LIQUOR LICENSE 5621 ISSUED 2022 - 2023 LICENSE RENEWAL APPLICATION DUE 11/08/2021 DECEMBER 31, 2023 (AS O4.11.270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatint Convenience LICENSE FEE: $600.00 D/B/A: The Highliner Restaurant 303 Adams St, Seward, AK, 99664 Mailing Address: The Highliner Restaurant, LLC 33318 Bear Lake Road Seward, AK 99664 CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD COPY DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 7/21) 321 Sp;t & HA O �✓ q 7 AMCO Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board 2022-2023 Master Checklist: Renewal License Application Doing Business As: The Highliner Restaurant License Number: 5621 License Type: Restaurant/Eating Place -Public Convenience Examiner: CS o Transaction #: 7100288163 Document Received Completed Notes AB-17: Renewal Application 10/27 1 -91� App and License Fees 10/27 II Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit 10/27 11 COI / COC / 5 Star / FAA Cert FP Cards & Fees / AB-08a Late Fee Names on FP Cards: Yes No N/A CBPL Entity Printout included? Business License Copy included? Background(s) Completed & Date: Special Consideration: ■ ■ i Board Meeting Date: (•- U � - 20 ?22 LGB Sent Date: I I " $ - 2L?rl LGB Deadline Date: LGB 1 Name: `..i °$'t4 e"f e-L1LGB 2 Name: V---? Waive El Protest 11 Lapsed ElWaive a Protest D Lapsed [Master Checklist: Renewal] (rev 09/22/2021) Page 1 of 1 WFAI ,3 & }f j4l! Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 AMCOTf /1 Anchorage, AK 99501 1� l�li.. S..R' alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 kr ov��� Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 General Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2021 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2022 will be expired per AS 04.11.540,3 AAC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304.105 • Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee (Owner): The Highliner Restaurant , I-I_C License #: 5621 License Type: Restaurant/Eating Place -Public Convenience Doing Business As: The Highliner Restaurant Premises Address: 303 Adams Street, Seward AK 99664 Local Governing Body: City of Seward ( Kenai Peninsula Borough) Community Council: If your mailing address has changed, write the NEW address below: Mailing Address: City: State: ZIP: Section 1 - Licensee Contact Information Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: Phil Zimmerman Contact Phone: 19073623291 Contact Email: gpenterprise88@gmail.com Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: AMCC [Form AB-17] (rev09/21/2021) Page 1 of 4 323 OC7 2 7 20 {;a ai 3uar ,4;Vic'C) Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 License Renewal Application Section 2 - Entity or Community Ownership Information Sole Proprietors should skip this Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity #. httos://www.commerce.aloska.aovlcbolmcinlsearchlentities Alaska CBPL Entity #: I Entity #: 10072580 I READ BEFORE PROCEEDING: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI -approved card stock, AB-08a's, payment of $48.25 for each new officer with a date -stamped copy of the CBPL change per AS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS O4.11.050(c). DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. Corporations of any type including non-profit must list ONLY the following: o All shareholders who own 10% or more stock in the corporation o Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned Limited Liability Corporations, of any type must list ONLY the following: * All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentageowned Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 10% or more o All General Partners regardless of percentage owned Important Note: All entries below must match our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose information we require. If more space is needed: attach additional completed copies of this page. Additional information not on this page will be reiected. Name of Official: Philip Zimmerman Title(s): to e Phone: 19073623291 1 % Owned: 50 Mailing Address: 33318 BEAR LAKE RD, SEWARD, AK 99664 City: ISeward State: 1AK ZIP: 99664 Name of Official: Vivian Zimmerman Title(s): K elm e) Phone: 9073621560 % Owned: 50 Mailing Address: 33318 BEAR LAKE RD, SEWARD, AK 99664 City: Seward State: 1AK ZIP: 99664 Name of Official: Title(s): Phone: % Owned: Mailing Address: City: State: ZIP: [Form AB-17] (rev09/21/2021) 324 Page 2 of4 A'FIC'0 Alaska Alcoholic Beverage Control Board ',411I8", Form AB-17: 2022/2023 License Renewal Application Section 3 - Sole Proprietor Ownership Information Corporations, LLC's and Partnerships of ALL kinds should skip this section_ READ BEFORE PROCEEDING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS O4.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Note: All entries below must match our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. This individual is an: Applicant Affiliate Name: Contact Phone: Mailing Address: City: State: T ZIP: Email: This individual is an: I jApplicant I lAffiliate Name: Contact Phone7_7 Mailing Address: City: State: ZIP: Email: Section 4 - License Operation Check ONE BOX forEACH CALENDAR YEAR that best describes how this liquor license was operated: 2020 2021 1. The license was regularly operated continuously throughout each year. (Year-round) 2. The license was only operated during a specific season each year. (Seasonal) if your operation dates have changed, list them below: ❑ ❑ to 3. The license was only operated to meet the minimum requirement of 240total hours each calendaryear. A complete AB-30: Proof of Minimum Operation Checklist, and all documentation must be provided with this form. ❑ ❑ 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. A complete Form AB-29: Waiver of Operation Application ❑ ❑ and corresponding fees must be submitted with this application for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in 2020 and/or 2021, you are not required to pay the fees, however a complete AB-29 is required with Section 2 marked "OTHER" and COVID is listed as the reason. Section 5 - Violations and Convictions Yes No Have ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been ❑ convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2020 or 2021? If You checked YES, you MUST attach a list of all Notices of Violation and/or Convictions per AS O4.11.270(a)(2) If you are unsure if you have received any Notices of Violation, contact the office before submitting this form. A!)ACC, [Form AB-171(rev09/21/2021) 325 Page 3 of `t`�h5 ai 1H� ANWO Alaska Alcoholic Beverage Control Board Form AB-17: 2022/2023 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • 1 agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • 1 certify that all current licensees (as defined in AS O4.11.260) and affiliates have been listed on this application, and that in accordance with AS O4.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • 1 certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10% or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. o I certify that all licensees, agents, and employees -who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 304.465. • 1 certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form Iprovided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. �- OFFICIAL SEAL rum I DAMS natu Phil Zim Printed name of licensee MWAYRKC-STATE OFMASKA Signature of Notary P Oic My Conrat. bon may 19, 2M &WONSM for the State of:�d� .�-�- My commission expires: 5/ ��/� Subscribed and sworn to before me this A4 day of QL'0)'-' 20_2-�. Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed forms and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: $ 600.00 Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ 900.00 [Form AB-171 (rev09/21/2021) 326 Page 4 of Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/100... Department of Commerce, Community, and (Economic Development LICEN0 N State of AIGsa / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name The Highliner Restaurant, LLC Entity Type: Limited Liability Company Entity #: 10072580 Status: Good Standing AK Formed Date: 11/28/2017 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2023 Entity Mailing Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Entity Physical Address: 33318 BEAR LAKE ROAD, SEWARD, AK 99664 Registered Agent Agent Name: Philip Zimmerman Registered Mailing Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Registered Physical Address: 33318 BEAR LAKE RD., SEWARD, AK 99664 Officials Show Former AK Entity # Name Titles Owned Philip Zimmerman Member 50.00 Vivian Zimmerman Member 50.00 327 1 of 2 11/8/2021, 6:35 AM Division of Corporations, Business and Professional Licensing Filed Documents https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/ 100... Date Filed Type Filing 11/28/2017 Creation Filing Click to View 11/28/2017 Initial Report Click to View 10/08/2018 Biennial Report Click to View 12/26/2020 Biennial Report Click to View Certificate Click to View COPYRIGHT © STATE OF ALASKA - DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 328 2 of 2 11/8/2021, 6:35 AM Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/businessficense/search/Licens... State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Business License / License #1063302 LICENSE DETAILS License #: 1063302 Business Name: THE HIGHLINER RESTAURANT, LLC Status: Active Issue Date: 11/29/2017 Expiration Date: 12/31/2021 Mailing Address: 33318 BEAR LAKE RD SEWARD, AK 99664 Physical Address: 33318 BEAR LAKE ROAD 9073623291 SEWARD, AK 99664 Owners THE HIGHLINER RESTAURANT, LLC Activities Print Business License Line of Business NAICS Professional License # 72 -Accommodation and Food Services 722110 - FULL -SERVICE RESTAURANTS Endorsements No Endorsements Found License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. No Lapses on record for the last 4 years. COPYRIGHT © STATE OF ALASKA - DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 01W 2 of 2 11/8/2021, 6:34 AM January 2022 February 2022 January 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9101112 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 26 27 28 29 30 31 Jan 1, 22 2 3 4 5 6 7 8 7:OOpm 12:OOpm PACAB Rescheduled - Mt P&Z Mtg (Rescheduled to Jan 11 9 10 11 12 13 14 15 7:OOpm CC Mtg 7:OOpm P&Z 6:15pm HPC (Council Regular Mtg Work Session Chambers (Rescheduled Council 7:OOpm HPC from Jan 4 Regular Meeting 16 17 18 19 20 21 22 HP WS 6:OOpm P&Z Work Session 12:OOpm PACAB Work Session (Review the Cham bers Land Use Table overall, update the 23 24 25 26 27 28 29 7:OOpm CC Mtg Cham bers 30 31 Feb 1 2 3 4 5 Council Calendar 1 1/5/2022 5:18 PM 330 February 2022 February 2022 March 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 13 14 15 16 17 18 19 20 21 22 23 24 25 26 20 21 22 23 24 25 26 27 28 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 30 31 2 3 4 5 12:00pm PACAB Cbl Z gular Mtg 6 7 8 9 10 11 12 6:15pm HPC Work Session (Council Chambers 7:00pm HPC Regular Meeting 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 Chambers 20 21 22 23 24 25 26 27 28 Mar 1 2 3 4 5 7:00pm CC Mtg Cham bers Council Calendar 2 1/5/2022 5:18 PM 331 March 2022 March 2022 April SuMo TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 27 28 2 3 4 5 12:00pm PACAB Car Z gular Mtg 6 7 8 9 10 11 12 6:15pm HPC Work Session (Council Chambers 7:00pm HPC Regular Meeting 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 Chambers 20 21 22 23 24 25 26 27 28 29 30 31 Apr 1 2 7:00pm CC Mtg Cham bers Council Calendar 3 1/5/2022 5:18 PM 332