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HomeMy WebLinkAbout01242022 City Council PacketSe -ward ON Council Agenda Packet OF A Monday, January 24, 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 24, 2022 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Sue McClure Vice Mayor Term Expires 2023 John Osenga Council Member Term Expires 2024 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Mike Calhoon Council Member Term Expires 2024 Randy Wells Council Member Term Expires 2022 Janette Bower City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent 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] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. City Manager Report .......................................... Pg. 4 C. Borough Assembly Report D. Other Reports and Announcements 1. Chamber of Commerce Report by Executive Director Kat Sorenson (for January, 2022).......................... Pg. 49 2. Travel report on legislative meetings in Juneau by Mayor Terry and Council Member DeMoss. E. Presentations [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] 1. Happy Youth Programs & Educational Resources (HYPER) presentation by Casie Warner ............. Pg. 52 City of Seward, Alaska Council Agenda January 24, 2022 Page I 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 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. 61 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. 93 3. Ordinance 2022-003, Amending Portions Of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds.................................................... Pg. 104 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. 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. This resolution was postponed from January 10, 2022............. Pg. 116 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2022-004, Amending Seward City Code Chapter 2.30 Boards And Commissions, Article 2 Seward Planning And Zoning Commission By Enacting Section 2.30.217 Staff Assistance To Commission And Providing For Housekeeping Amendments.............................................................................. Pg. 156 B. Resolutions * 1. Resolution 2022-009, Adopting The Port And Commerce Advisory Board (PACAB) Priorities From February 2022 To February 2023................................... Pg. 162 *2. Resolution 2022-010, Approving Amendment 43 To The Operating Contract Between The City Of Seward And Seward City Tours ............................ Pg. 168 *3. Resolution 2022-011, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions hi Conflict Herewith ...................... Pg. 206 City of Seward, Alaska January 24, 2022 Council Agenda Page 2 `a *4. Resolution 2022-012, Authorizing Payment To The Seward Senior Center hi The Amount Of$80,000.................................................................... Pg. 209 5. Resolution 2022-013, Supporting The Alaska Railroad Corporation's Efforts To Secure Funding For The Seward Passenger Dock Project ......................... Pg. 213 C. Other New Business Items * 1. Approval of the January 10, 2021 City Council Regular Meeting Minutes..... Pg. 221 *2. Non -objection to the renewal of liquor license 93909 Package Store for the Seward Marketplace.............................................................................. Pg. 232 *3. Appoint Victoria Monaco to the Planning & Zoning Commission with a term to expire February, 2023.................................................................. Pg. 244 *4. Approval of the continuation of the Port & Commerce Advisory Board (PACAB). 245 10. INFORMATIONAL ITEMS AND REPORTS — None It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska January 24, 2022 Council Agenda Page 3 3 City of Seward City Manager's Report January 24, 2022 Mayor Terry and Council Members, Information regarding a several pending items: Water/Sewer Rate Study The water/sewer rate study occurred some time ago and was brought before council. It is my understanding administration was directed to refine the information and bring it back to council. Administration is continuing to work on the information and plans to have recommendations regarding the water/sewer rates at a later date. Please note the date is still undetermined and will be after the forensic follow up meeting. Forensic Audit Special Meeting — April 11 The forensic auditors will be onsite April 11. A special meeting is scheduled for April 11, at 5 pm for the following purpose: Forensic Audit — Second Review, Discussion, and Possible Direction to Administration. Electric Bond I've been working with the City's bond counsel to finalize the information regarding the electric bond. The bond resolution will be on February 14, city council meeting agenda. The bond bank will meet in March about the entities seeking funding. There will be further information regarding the funding date in the next few weeks. As soon as I have the information, I will forward that information to you. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Department: Date of Separation: None New Hires: Department: Date of Hire: None Available Full Time Positions: Department: Position Status: Water/Wastewater Operator Public Works Advertising Since 10/05/2021 Finance Director Finance Advertising Since 10/05/2021 Campground Coordinator SPRD Advertising Since 10/18/2021 Library/Museum Aide Library Advertising Since 11/08/2021 Deputy Finance Director 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 1/4/22 Police Police body cameras and maintenance services $ 9,129.00 1/4/22 Police Police software license for training, camera kit and equipment $ 7,818.00 Thank you, j*r City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ CIP Prioritization Items -During the September 13t"1 2021 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. After receiving approval to begin negotiations for the purchase of two lots on Seward Highway, The City Manager and Assistant City Manager met with the Geotechnical team at R&M Engineering on January 14t" to discuss the soil sampling requirements for the lots on the Seward Highway which the City is considering for the future location of a new Public Works facility. The estimated timeframe for completion of the geotechnical work and report is the beginning of May. 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. n 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, Public Works Director, Electric Utility Manager, and Community Development Director met with R&M Engineering on December 13th to begin work on a strategic utility expansion project to determine the best mechanisms for increasing residential development inside City limits. R&M is working on a scoping document and task order to allow for the creation of a Utility Master Plan. The goal is to efficiently and effectively bring in water, sewer, and electric utilities which will allow for residential home construction. ➢ The Assistant City Manager and Community Development Director are working with R&M Engineering to begin Phase 1 of the SMIC Bench residential development project. Once Phase 1 of the Task Order which was approved by City Council on January loth is completed; R&M will be presenting the results of that initial work to the City Council. 8 Community Development Department Jason Bickling Director Notes: Here's what we've been working on: ➢ In doing some house cleaning, we came across the Community Needs Assessment Survey from 2006. I thought it would be interesting for Council to see in regard to the community needs reported by the community then as compared to now as we look at challenges. ➢ The January 11t" P&Z Meeting was cancelled due to lack of quorum. We currently have one vacant commissioner spot that we have an application for. We know that we have at least one commissioner that will not be continuing after the end of the term in February. ➢ We completed the Development / Printing of the Legislative Priorities/Capital Improvement Guide. This is obviously our first iteration. As you use it, please let us know how it can be improved for the next time around. ➢ We are currently working with our planning contractor while our staff planner is out on leave until mid -February. ➢ Working on task order pieces with R&M. ➢ Meeting with business owners and developers to help them coordinate for upcoming projects. ➢ Still working on empty lot assessment project 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 — many 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 11t" PZ meeting (Chugachmiut) — cancelled and then rescheduled as a Special Meeting ➢ Public Meetings: looking at having a public meeting in March to get input on housing challenges in the community 9 Seward Community Needs Assessment Survey Results The City of Seward, through staff efforts and program resources of the AmeriCorps VISTA program, created and distributed a Community Needs Assessment Survey in the fall of 2006. The survey was distributed to every box holder at the Seward Post Office, the end result of which was a total of2405 surveys being distributed to persons living in and around Seward and its outlying areas. Two hundred twelve (212) surveys or 9% of the total were filled out and returned. The following is a tally of the responses provided along with a summary of the comments. This summary is an accurate portrayal of the responses received and therefore gives some indication of the community preferences Concerning socio-economic conditions, land use, recreational opportunibe$, municipal services, public security and issues related to future development in Seward. Respondent comments citing inappropriate language, names and specific private properties as well as derogatory statements have been omitted in order to respect public sensibility. The City staff wishes to thank each respondent who spent the considerable amount of time required to complete this survey t . DEVELOPMENT I. In general, how do you feel about the following types of development in Seward. STRONGLY MILDLY NO MILDLY STRONGLY FAVOR FAVOR OPINION OPPOSE OPPOSE 1. Residential......... 2. Business............ 3. Light Industry....... 4. Heavy Industry...... 5. Recreation.......... 6. Tourism ............. 7. Fishing Industry.... S. Conservation Projects. 9. Historic Preservation. 10. Medical facilities dev. 11. Other(please specify) 93 68 $ 15 4 95 83 11 8 3 68 78 13 26 11 30 35 10 37 76 110 67 10 7 1 85 67 18 20 8 118 58 9 7 4 ill 81 20 8 4 103 60 16 6 9 101 70 11 7. 3 II. What priority should Seward give to the development or expansion of each of the following: HIGH DMDIUM LOW DON `T 10 III PRIORITY PRIORITY PRIORITY KNOW 12. Affordable housing ............ 86 71 54 2 HIGH MEDIUM SLOW DON'T PRIORITY PRIORITY PRIORITY KNOW 13. Business offices ............... 18 96 83 3 14. Warehouses ..................... 12 74 106 5 15. Community facilities buildings. 65 79 51 1 16. Sport fishing industry......... 54 87 56 1 17. Commercial fishing industry.... 93 81 27 2 18. Municipal facilities buildings i.e. housing for city vehicles. 23 62 113 3 19. Fast food restaurants.......... 19 24 158 4 20. More dine -in restaurants....... 20 60 121 5 21. More retail shops .............. 30 68 98 5 22. Entertainment...i.e. bowling... 115 69 21 1 23. Light industrial manufacturing. 58 91 50 3 24. Heavy industrial manufacturing. 25 34 130 7 25. Expanded marine research facilities ..................... 79 66 50 0 26. Home businesses ................ 63 82 46 4 27. Library/museum expansion....... 103 62 33 0 28. Expand Community College visibility and course offerings........... 129 48 21 0 29. Expansion of Government contracts or institutions ................ 42 67 82 3 30. Medical facilities expansion... 84 77 37 0 31. Other (list ) 16 3 3 0 Section D-II allowed for comments from the respondents. Of those comments offered (36), the following were reasonably related to survey section #1: the comments given were generally in favor or support of: alternative power generation (3), residential development (6), educational opportunities (4), senior services and senior housing (3), recreational opportunities (3), child care facilities or programs (1), environmental concerns and community image (3) and finally, alternative commercial retail / restaurant opportunities (5). The remaining comments were unrelated to the topic or question and were considered non- responsive. For land areas on the Eastern side of Resurrection Bay would you Favor:[CIRCLE 1 OR 0] YES NO 32. Expansion of commercial development........... 149 51 34. Residential development ....................... 131 59 Under Section D-III the survey allowed for an option of "other" types or locations for development for the Eastern side of Resurrection Bay. Alternative responses were: 35. Residential building - North of Prison on Hillside; better parks with boat launch; defined Mt. Alice trails and parking; retail store not related to tourism; limited residential; full service r.v. campground and(the) city should make land available for purchase. is Section D-III allowed for comments from the respondents. Of those comments offered (31), the following were reasonably related to section #II1: the comments given were generally in favor or support of: recreational improvements (7), industrial development (5), mixed development (2), community image / environmental (6), residential development (3), tourism (1), commercial (1), prison -related (1). IV. Development of an independent/reliable source of power is a key concern for the local area. Currently all of Seward's power is purchased from Chugach electric. in an effort to become a self-sufficient supplier of power, the City of Seward is pursuing the investigation of traditional, non-renewable power sources such as: Coal, Oil, and Gas... as well as Alternative energy sources such as: Wind, Tidal, and Hydro power. Would you favor or oppose developing the following types of Energy sources in Seward? Developing a combination of the two, or maintaining our current situation? FAVOR OPPOSE 36. Traditional non --renewable i.e. Coal plant, Oil production, or Gas refinery..................41 151 37. Alternative renewable sources i.e. wind, Tidal, or Hydro..................................186 10 38. Combination of both traditional and Renewable power sources ..........................97 76 39. Maintain current situation ........................51 99 Section D-IV allowed for comments from the respondents to specify different power generation types. Those comments, however, are a direct duplication of preferred fuel modes, or combination of preferred fuel modes for power generation and have been omitted. V. Would you favor or oppose the following types of development in downtown Seward? FAVOR OPPOSE 40. Convenience store ................................ 137 69 41. Light industry... ................................ 101 104 42. Small retail outlet .............................. 165 40 43. Fast food restaurant ............................. 72 134 44. Multi --agency Facility (Where )... 113 72 45. Sea -life Center expansion ....................... 110 87 46. Budget youth hostel catering to Adventure travelers 140 56 47. Educational Facility ............................. 149 51 48. Adventure Sports Recreation industry ............. 150 46 49. Other(s) .................. 9 0 Section D-V allowed for and option of preferences regarding specific locations for Question 44 (multi -agency facility) and "Other" types of development under Question 49. Of those comments offered for Question 44 "Multi -agency facility" (80), the location preferences were as follows: Specifically, locations included: (20) in downtown Seward, but different location than Washington St.; (5) outside of downtown Seward (north of Resurrection River Bridge).; im (19) no preference but not on Washington St.; (5) non -responsive.; (31) location as proposed on Washington St. Entries given for Question 49 about "Other" types of development include specific business types such as legal services, larger / or competitive grocery store, pre-school, bowling alley, parks, recreational or entertainment businesses and a larger library facility. VI. Please rank in order your preference for future expansion of undeveloped land use in Seward with 1 being your first preference and 6 as your last. RA Business/Commercial................................. 1 Industry/Manufacturing... ........................... _2 Recreation.......................................... 3 Residential ......................................... _4 Low -Income housing .................................. 5 Other.(Identify ) Section D-VI provides for an option to indicate a preference of "Other" types of land use for future uses and they include: youth orientated recreation, senior housing, open spaces, community related facilities.. ie.. bowling, entertainment, sell undeveloped land to locals for res. Development, government service(s), library expansion, light aircraft and fishing vessel support, housing for seasonal employees and environmental conservation. What are the top three business activities or industries that you think could provide year-round employment with a livable wage in Seward? For this Question, many specific activities and industries were given. The top three (3) most frequent responses were in the following categories: Marine and Marine -related Industries: 68 responses Including: boat repair, boat / ship yard, commercial fisheries, port expansion, fishery and marine research, fish farming, fish processing, long shoring, transportation trade, freight. Educational Industries: 44 responses Including: AVTEC, college campus, college course expansion, general support of "education," educational services, general and specified research, medical education, outdoor training school, University positions. Government: 32 responses Including: local government, Alaska Fish and Game, US Forest Service, spring Creek Correctional Institute, non-specific government. Educational responses although generally viewed as government entities, were not included under this category. If they were included under the government category, educational agencies including schools and other educational services outnumber all other responses in frequency. 13 VII. Is maintaining year-round employment a problem for you or your family members? Mark with an "X" the case that suits you best or explain in detail in comments section. 50. I/we have only seasonal work 36 51. Yes, I/we have only part-time work _9 52. No, I/we have year-round work 119 53. I like seasonal work, this not a problem 30 Section D-VII provides for an option to enter an "explanation" by comment regarding year-round employment. Of the comments given (45), they generally fell into groups or multiple groups shown below: (5 responses) General comment of the importance of year -around employment to the local economy and those not indicating whether satisfied but describing employment practices e.g., seasonal employment preference, retired etc.; (16 responses) Those indicating dissatisfaction and a need for or improvement of, full time or year around employment opportunities including number of higher paying jobs and / or better benefits; (6 responses) working outside the community with no other opinion relating to employment (10 responses) Those indicating satisfaction with current employment opportunities; (3 responses) Self-employed. (6 responses) Non -responsive. (comments not related to employment) RESIDENTIAL I. Would you favor higher density housing in your area if it were to occur in one of these forms? NO YES NO OPINION 54. Duplexes........ .....'.............. 68 106 2 55. Single family dwellings .............. 133 44 1 56. Condominiums ......................... 45 125 3 57. Apartments ........................... 42 128 5 58. Low -Income Apartments ................ 20 150 4 59. Does not apply (no more room)........ 41 21 8 Comments; Some areas of a community can have high density housing while others cannot; there is not enough land to allow only large lot development; nearly every apartment complex in Seward is already low-income housing; only if developments were attractive, designed with sidewalks, bike paths, and adequate lighting to promote community. IT. Which of the following conditions are a serious problem, a problem, or not a problem in your neighborhood? SERIOUS NOT A PROBLEM PROBLEM PROBLEM 60. Cost of housing ............... 46 63 11 14 61. Condition of housing.......... 36 57 19 62. Landlord will not sell property 9 5 26 63. Unable to secure mortgage..... 11 19 26 64. Vacant Buildings .............. 8 39 17 65. Vacant lots with trash or junk 34 46 19 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. Commercial expansion.......... Unkempt yards .................. Vandalism ..................... Transients .................... Youthgangs ................... Teenagers who have nothing constructive to do............ Unattended dogs and cats...... Unattended wild rabbits....... Danger from street traffic.... Crime [If yes, what type of crime is a problem SERIOUS PROBLEM PROBLEM NOT A PROBLEM 17 25 24 29 50 22 14 40 19 19 48 17 9 19 22 37 63 15 49 57 12 31 24 19 25 44 18 18 15 0 Section R-II Question 75 allows respondents to provide specific types of crime. Responses offering somewhat different issues than provided for in the survey are indicated below in related groups: (6 responses) canine issues; (2 responses) vandalism; (14 responses) traffic (speeding, violation of traffic control devices, illegal ATV use, etc.; (17 responses) larceny; (1 responses) discharge of firearms; (12 responses) alcohol and drug related offenses; (6 responses) behavior of minors; (1 response) trespass; (10 responses) Non -responsive - not related to "problems in the neighborhood." Section R-II also allowed for comments shown below: Comments: Hotel business in an R-2 neighborhood, ATV's and dirt bikes riding Nash Rd. at high speeds, new homes are very poorly constructed, dangerous intersections with no visibility, city won't gate off easements.. roads with private property signs etc. kids race 4x4's up and down road tearing it up, endangering the lives of people, and pets.. spraying rocks, dust, and trespassing on, homeowner's private property. it is an outrage, sand and debris from snow removal are left to accumulate and cause problems later on, to many businesses are being run out of their homes. W III. Where would you most like future residential growth in Seward to occur: (Circle 1 for yes or 0 for no] YE S NO 77. Across the Bay .......................... 100 64 78. Between miles 3 and 7................... 128 42 79. Distributed throughout the city......... 140 34 60. No Growth ............................... 36 90 81. Other (please list ) 6 1 Comments listed for Question 81 "Other" or specific locations: wherever land is available, slow growth, forest acres, bear lake, Nash road, over -priced land, Lowell point, Caines Head, downtown, Moose Pass, east of Dora Way, wherever possible, how about the city selling it's prime real-estate in town and moving across the bay. The state should move its gravel and sand yard too. Move the yard at mile five across the bay and sell the land for development, Afognak Acres in forest acres IV. How would you be willing to support expanded residential growth and the added costs it imposes on the community services sector? i.e. police and fare service... connection to utilities etc...[please rank these in order of your preference with 1 being first and 6 being last] a. increase residential property taxes RANK 5 b. increase residential fees (inspection, hookup) 4^ �2� C. increase business taxes d. increase business fees (license) 3 e. increase tax base via industrial growth. _ Z f. other (please explain) Comments: added costs are paid by fees and added tax base, no increase should be necessary, if business increases then housing will also increase, do something about street upkeep and repair, does not necessitate new taxes ... No New TAXES, until the city of Seward includes all land out to mi. 8 it is unfair to tax only city tax payers for streets, library etc, Seward has a rep. of driving out new business, lower city employee wages use tax money wisely ZONING I. Currently Seward residential areas are zoned in several categories. RR(rural residential) ,RI(single family home) ,R2(duplex),R3(multi-family),UR(urban residential) (Does not apply if you live outside of City) YES NO 82. If you live within the City do you know your zone designation?........... 96 38 83. Do you encourage the mixing of various residential zonings in one area? ............. 67 68 84. Would you support the implementation or creation of zoning for conservation areas?............ 108 28 85. Would you support the implementation or creation of zoning for historic preservation areas?....101 44 II. flow important is it to ENCOURAGE OR RESTRICT the following: Encourage Restrict ill 86. Construction around airport area and along Nash road .................... 133 62 87. Construction which would visually alter the natural ridgetop skyline ................... 30 169 88. Preservation of open space in populated areas ..............:............... 159 38 89. Construction and development across the bay ............................ 163 36 ITT. Should the city expand its duties to include enforcement or regulation of environmental pollution. standards? Yes 124 No-73 IIIa.If so, how do you propose the city pay for such a service? Comments in response to Question IIIa in general categories: Fines: 15 responses Grants (state and/or federal): 2 responses License fees: 2 responses Property Tax: 5 responses Alternative Tax / Fee; 3 responses Non -responsive: comment does not indicate a way for the city to pay for environmental pollution problems: 18 responses The remaining responses suggested that "someone else" should be responsible for environmental pollution including state and federal agencies; others suggested that those tasks were already being addressed by local and other agencies. IV. Should the city adopt a Historic Preservation code, so that the Community can maintain the original look and feel designed by community forefathers? Yes-114 No-78— If so, how do you propose the city pay for such a service? V. Would you support enforcement of planning and zoning regulations? Yes_148 No-42— If so, how do you propose the city pay for such a service? Comments in response to the follow-up questions under both III and IV "pay for service" contained nearly every conceivable source from reduction of staff to federal and state participation to other local tax, fee and fine concepts but with no discernable trend and therefore are omitted. 17 VI. Should multi -family housing in Seward be: [Please circle only one response] 90. Restricted to one area of the city designated for higher density housing ............................ 65 91. Distributed throughout the city ................... 113 92. Other Section Z-VI Question 92 allowed for comment under "Other" and they indicated below: (3 responses ) No more multi -family housing *then restrict it to one place! *some areas should be restricted, some unrestricted. *promote) as it is now *Away from waterfront *create .more industry and housing will come. *multi -family housing in Seward attract slums they are not needed *we should not encourage more cheap housing VII. In an effort to expand the voting population and increase the community tax base would you favor the City annexing the outlying areas around Seward. Yes-109— No-92— OPEN SPACE I. A "Green Space" is an open area of landscaped terrain. Do you feel the amount of "Green Space" in the downtown Seward area is: ABOUT RIGHT ............. 100 NOT ENOUGH .............. 89 TOO MUCH ................ 6 NO OPINION .............. 5 II. What priority should each of the following have in your community? LOW MEDIUM HIGH 93. Engage in land use planning to guide community growth? ...................... 28 56 117 94. Encourage open spaces such as parks, bike and hiking paths, etc ............. 26 59 117 95. Provide incentives to encourage entrepreneurial development on remaining Seward .land.... 45 62 91 SERVICES I. Below is a list of services that generally require taxes for maintenance and construction. Would you be willing to pay more taxes if you knew the money would be spent for exactly that particular purpose? [CIRCLE 11111 FOR YES OR 110" FOR NO] YES NO 96. To provide additional parks or playgrounds........ 76 114 97. To upgrade existing parks ......................... 104 80 96. To improve public water/sewer service ............. 92 94 18 99. To improve streets and roads ...................... 134 58 100. To improve fire protection ........................ 97 90 101. To improve police protection ...................... 99 88 102. To improve ambulance service ...................... 106 83 103. To improve street lighting ........................ 54 135 104. To provide recreation facilities i.e. ski lift.... 87 98 105. To expand and improve the storm and ground water drainage system ................................... 93 89 106. To build new sidewalks in existing areas.......... 82 102 107. To purchase land for permanent open space......... 94 96 108. To provide special care .facilities ................ 76 108 109. To provide assistance in Historic preservation.... 73 118 110. To provide additional cultural services........... 64 123 111. To provide Alternative education services......... 80 119 112. To upgrade our public utilities equipment......... 99 88 RECREATION I. If Seward were to expand its existing or develop a new small indoor recreation center, what would you like to see included in this facility? DON'T YES NO KNOW 113. Archery range .................... 65 84 114. Bowling Alley .................... 146 29 101. Indoor tennis .................... 78 78 115. Pool table ....................... 72 96 116. Senior activities center......... 99 57 117. Indoor shooting range............ 55 104 118. Ice Skating rink ................. 124 43 119. Other (Please list ) 28 4 119. Other: youth affairs, School programs and Activity Center, swimming pool, dance/yoga space, miniature golf, racquetball, gymnasium for all activities, anything to provide more activities, batting cage, driving range, climbing wall roller skating, indoor walking area, curling rink, golf,area to rent for small group parties, day care, outside skating, hockey, volleyball, town is too small for such unneeded expense, book club, bridge, dance lessons, yoga, weight room, exercise bikes, indoor track, arcade indoor soccer arena, these should be funded by private parties not city, space for group classes like yoga, no more expansion, we need a rock climbing wall. II. On a scale of 1 to 5, do you favor or oppose development or expansion of the following cultural facilities in Seward? [Strongly Favor=SF; Favor=F; Oppose=OPP; Strongly Oppose=SO; No Opinion-- N.OP] 120. Community Theater ................. 121. Children's Theater ................ 122. Arts and Crafts Center............ 123. Music Practice Facility........... 124. Museum ............................ 125. Other SF F OPP SO N.OP 58 80 23 13 7 50 77 29 18 11 53 78 19 16 8 43 65 33 18 10 63 81 20 14 8 5 0 0 0 3 125. Other: New or Expansion of existing library (5 responses) iK 125. Other: we need new programs not new facilities, bookstore, ballroom dancehall, native Americans arts and dance, legal services. III. On a scale of 1 to 5, do you favor or oppose development or expansion of the following special care facilities? [Strongly Favor --SF; Favor=F; Oppose=OPP; Strongly Oppose=$O; No Opinion= N.OR) SF F OPP s0 N.OP 126. Senior Recreation facility........ 55 88 25 10 11 127. Child Care ........................ 48 86 29 12 15 128. After School Care ................. 56 87 33 10 11 129. Other .. 7 1 1 0 6 129. Other: corroborate with private and non-profit agencies to operate computer center, basketball crt, tennis crt, cultural ctr. pre-school, children's activities, senior ctr. And daycare not the city's problem, teen center, ski slope & indoor ice rink pre-school, library. IV. If extra funds were needed to develop recreation facilities in Seward, which of the following methods of financing, if any, would you support?[CIRCLE 1 OR 0) Yes NO 130. Property tax increase ....................... 34 140 131. Simple User's fee ........................... 183 13 132. Creation of a special service district, with a fee assessed to households in district ................................. 38 136 133. Parks and Recreation general V. Throughout the next five years what do you think could be the most useful recreation facilities added to the community? The three most frequent responses for recreation facilities were: Bowling (ally) - 72 responses Ice Skating Rick - 55 responses Snow skiing (related to) - 16 responses re 141 - O s 135. Would you support the creation of a tidal grid in the Seward small boat harbor? A tidal grid is a piece of infrastructure that will allow the public to work on the hull of their boats during low tide. Support 108— No Support 36 No cause to use it 57` 136. Would you be willing to pay for the use of this Service? Yes-84— No 25_ Poi] 1 137. Would you support a "public" user operated crane for the loading and unloading of goods and products in the small boat harbor? Currently all boats are dependent upon Seward Fisheries for use of crane. Support 102_ No Support 31T No cause to use it 71- 138. Would you be willing to pay for the use of this Service? Yes 83 No 23 139. Would you favor a flat tax on boats in the harbor as opposed to an assessed value tax based on the value of your vessel? Favor flat tax 45 Support current tax system 129 140. Would you support the creation of a "Direct Market" Catch and Sell dock in the small boat harbor? This would facilitate independent fishermen who have a DEC permit to.sell their daily catch to the public in a designated location. Support 187— No Support 3 No cause to use 12- 141. Would you support the upgrade and improvement of the Seward Marine Industrial Center(SMIC) harbor area by developing its break wall? This would insure safe harbor for boats trying to dock in the area. . support 123 No Support 35 No cause to use 42- 142. in general do you believe that port access should be improved or expanded in order to better accommodate commercial fisherman? Yes 129 No 27 No Idea 44 `AI 0 w *Pi ' � OJF [ a 4amails. y11m,Aw- Li , ` . qiy , Mq 1 Y LOWELL TUNNEL OUTFALL (FEDERAL) I � WATER & SEWAGE EXPANSION (STATE/FEDERAL) 06 SIDFWAI K IMPROVF FM NTS (STATF/FrDrRAI 1202 �li F 1,"!" LOCATED AT THE NORTHERN TIP OF RESURRECTION BAY, SEWARD HAS LONG BEEN AN IMPORTANT DESTINATION. In the Alutiiq language, Seward is known as Qutekcak, meaning 'big beach', and served the Alutiiq, Sugpiaq, and other Alaska Native peoples as a meeting area. A deep -water, ice -free port with rail, highway, and air transportation, Seward is easily accessible from Alaska's major hubs and the Lower 48. The wild and stunning natural landscapes attract adventurers from around the world to enjoy the beautiful vistas, hike the stunning trails, experience the diverse wildlife, paddle and fish the rich waters, and explore our historic community. Today, Seward is home to a vibrant community with a deep appreciation for the natural environment and local history and culture, with hundreds of thriving small businesses, robust maritime and tourism industries, as well as valuable educational and research opportunities. We welcome you to join us in Seward and learn why we say Alaska Starts Here Incorporated in 1912, Seward, Alaska is a home -rule city in the Kenai Peninsula Borough. Seward has a population of 2,600, with approximately 3,000 additional people residing in surrounding communities just outside of city boundaries. 2 2022 Legislative Priorities Report 23 Welcome to Seward, Alaska _1 , BOROUGH GOVERNMENT Seward is located within the Kenai Peninsula Borough - incorporated in 1964 as a second-class borough. An elected Borough Mayor serves as the chief administrator who works with an elected 9-member legislative assembly, on which Seward has one seat The Borough is responsible for area -wide education, solid -waste management, planning and zoning, taxation and assessment. Local service area boards provide hospital, fire, and emergency services. N . e, VA LOCAL GOVERNMENT Seward is a city manager form of government, governed by a Mayor and City Council who are elected by the people of the City. The City Manager is appointed by the elected 7-person City Council, along with a City Attorney and City Clerk. The Mayor and City Council act together as the Governing Body. The Governing Body, being the elected representative of the people, adopts all ordinances and resolutions and determines the general goals and policies of the city. TAXATION The city, along with the state of Alaska has no personal income tax. Real/ personal property tax within the city is at a low 3.84 mils. The real/personal property tax outside the city but within the borough is at 4.5 mils with an additional .5 mils for the Seward/ Bear Creek Area Flood Service Board. The sales tax for Seward is 4%. The sales tax for the Borough is 3%. Seward also has a 4% bed tax. About Our Government 24 2022 Legislative Priorities Report 3 V F CITY MANAGER Janette Bower, City Manager j b o we r@ c i tyof s ewa rd . u s Office: 907-224-4012 Cell: 907-362-1020 Stephen Sowell, Assistant City Manager ssowell@cityofseward.us Office: 907-224-4066 Cell: 907-362-4062 410 Adams St. PO Box 167 Seward, AK 99664 4 2022 Legislative Priorities Report PIR low, 2022 GOVERNING BODY Christy Terry, Mayor Term expires October 2022 Sue McClure, Vice Mayor Term expires October 2023 John Osenga Term expires October 2024 Liz DeMoss Term expires October 2023 Ristine Casagranda Term expires October 2022 Mike Calhoon Term expires October 2024 Randy Wells Term expires October 2022 About Our Government FULL FUNDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE UNITED STATES ARMY CORP OF ENGINEERS LOWELL TUNNEL OUTFALL DIVERSION STRUCTURE. (FEDERAL) The district aims to construct a new flood diversion system for Lowell Creek in Seward, Alaska. Upgrades include a new 18-foot diameter tunnel and diversion dam upstream from the current tunnel; refurbishment to the existing tunnel; extension of the outfall by 150-feet to carry creek flow and debris over Lowell Point Road; and canopy to protect the tunnel inlet from landslides. The plan also calls for select tree removal that in a flood event could block the tunnel if swept up. The Project was started in 2016 as a 3-year study with the United Stats,4rmy Corps of Engineers (USACE). The total for the study was $3,000,000, ofwhich the City of Seward paid half. The US,4CE came back after 3 years for more money and extended the timeline. There was $3 million of $10 million for design in this years infrastructure bill and the US14CE is currently trying to get the full amount added in. The project is expected to cost about $185.2 million. Lowell Tunnel Outfall Diversion Project 26 2022 Legislative Priorities Report 5 EXPANSION OF WATER AND SEWER INFRASTRUCTURE WHICH WILL INCREASE CONSTRUCTION OF NEW RESIDENTIAL DEVELOPMENT ON THE SEWARD MARINE INDUSTRIAL CENTER "BENCH." (STATE & FEDERAL) Water and Sewer infrastructure in the hillside area known as the "bench" near the Seward Marine Industrial Center area on the east side of Resurrection Bay in Seward. This area will would much provide needed housing opportunities for to address the shortage. A feasibility study is underway and will provide more information on the options and necessary components that will be needed for providing water and wastewater infrastructure forthis project. This development ofsanitary water and sewer would be a huge boost to take care of a shortage of housing that just keeps increasing. EXPANSION OF WATER AND SEWER INFRASTRUCTURE WHICH WILL INCREASE CONSTRUCTION OF NEW RESIDENTIAL DEVELOPMENT IN THE FOREST ACRES SUBDIVISION. (STATE & FEDERAL) The Forest Acres "Afognak Addition" -North Project will extend water and sewer mains northerly from Ash St approximately 1300' down each; Maple St, Oak St, Pine St, and Afognak Ave to provide city services to the residential lots to the north. The project will include: • Water mains looped together at the ends, fire hydrants, and stub -outs. • Sewer mains with stub -outs, manholes and a large capacity lift station at the low end to move wastewater up the hill connecting to the gravity flow sewer system through town. Residential housing has been an ongoing issue in Seward and this project will add lots for immediate construction of much needed housing. 6 2022 Legislative Priorities Report 27 Forest Acres & SMICBench Water & Sewer Infrastructure FULL FUNDING OF THE ALASKA DEPARTMENT OF CORRECTIONS IN ORDER TO RETURN TO 100% FUNDING OF THE OPERATIONAL COSTS ASSOCIATED WITH OPERATING THE SEWARD COMMUNITY JAIL. (STATE) In 2013, the City of Seward entered into a 5-year contract with the State of Alaska to run the community jail in Seward. The amount of the contract at that time was $655,470.00 with the guarantee of an inflation adjustment annually not to exceed 2%. In 2015, the state amended the contract on the basis of budget cuts and voided the CPI increase language. The value of the contract dropped to $368,952.00 where it has remained ever since. There have been no CPI increases and there have been no opportunities to negotiate. The state has never addressed employee wage changes, increases to benefit package costs, or increases to the costs of operation. In terms of today's costs, it takes nearly $800,000.00 per year to operate the Seward jail if it is fully staffed. For the last several years, we have operated the jail with open positions which has caused considerable savings overall at the cost of safety and morale. In 2021, we received the usual $368,952.00 from the state but the jail's costs were $654,009.42. So, even during the height of the COVID pandemic, despite the changes brought on by S1391, and despite our open employee positions, our costs were still far in excess of the contract amount. These costs are directly passed on to the local tax payer citizens of Seward, and the costs are not sustainable. SEWARD COMMUNITY JAIL The Seward Community jail is a 14-bed, temporary detention facility operating under the State Contract jail Program 24 hours a day, 365 days a year. Although owned and operated by the City of Seward, the jail's operating funds are provided by the State of Alaska Department of Corrections. The primary objective of the Seward Community Jail is the protection of the public and the safety and security of the detainees. CRIMINAL DETENTION The primary purpose of the Seward Community jail is to provide short term detention for persons held on state criminal charges pending arraignment, bail release or transfer to another Department of Corrections facility. In addition, the jail provides detention for persons serving short term sentence requirements of 30 days or less. Seward Community Jail 28 2022 Legislative Priorities Report 7 SLUDGE REMOVAL FOR THE LOWELL POINT AND SMIC SEWAGE TREATMENT LAGOONS. (STATE & FEDERAL) The City of Seward has a sludge removal program in place for the two separate wastewater treatment plants. These programs are to complete sludge removal every 7-10 years depending on the depth of sludge measured yearly. The very high costs to complete is well out of what City ratepayers can afford. With this project we will also have to install a new liner and replace aeration equipment in the lagoon. The current liner and aeration equipment are beyond the 30- year life span. We can only fund this program by utilizing grants and loan programs that are available. There is a one -to -two-year lead time to bidding, contracting, and scheduling this work. The successful award offunding now will allow us to proceed with the lengthy and important process to get these lagoons modernized and cleaned. Estimated cost is $2,000,000. 8 2022 Legislative Priorities Report 29 Lowell Point & SMIC Sewage Lagoons FULL FUNDING AND SUPPORT FOR THE SEWARD AIRPORT WHICH IS OPERATED BY THE STATE OF ALASKA. (STATE) The Seward Airport, operated by the State of Alaska, is a vital life line for our community and its safety. With no over the road ambulance service, we have regular Medevac flights to get citizens, workers, and visitors the urgent medical care that they need. The US Coast Guard uses the airport regularly for local refueling and transport as well during rescue operations. When there have been avalanches or slides and the road is closed, the airport is our only link for goods and supplies. Less urgent but also important is that it generates significant commerce for our community with businesses in the visitor industry. We are requesting there to be funding for prioritized and regular maintenance 11 E e The Seward Airport is unmanned and operated by the State under visual flight rules. Some air service, flight -seeing and charter services are available. Two paved runways are utilized with one being 4,240' long by 100' wide, and the other is 2,279' long by 75' wide. Flight time to Anchorage is about 45 minutes. Seward Airport 30 2022 Legislative Priorities Report 9 REPLACEMENT OF OLD PIPING WITH NEW DUCTILE IRON PIPING THROUGHOUT SEWARD. (STATE & FEDERAL) The City of Seward needs funding to replace existing galvanized and transite (AC — asbestos -cement) water mains. These problem mains are nearly 60 years old and well past their lifespan. The new ductile iron mains will replace and thus prevent the inevitable collapse and failure of the old water mains. With available funding we will replace up to 1000 feet per year to keep safe drinking waterfor the community. Estimated cost is $3,000,000. 10 2022 Legislative Priorities Report 31 Ductile Pipe - Water Department SIDEWALK REPLACEMENT AND REFURBISHMENT THROUGHOUT THE CITY OF SEWARD. (STATE & FEDERAL) Pedestrian Safety is a high priority in Seward as our visitors increase and our sidewalks continue to deteriorate. We have multiple sidewalks needing attention throughout Seward. Securinggrant andADA funds for sidewalk replacement and refurbishment allows us to address ADA access issues for ramps, parking, and dangerous large cracks and broken concrete areas witb high pedestrian traffic. Estimated cost is $1,000,000. Sidewalk Repair & Replacement 32 2022 Legislative Priorities Report 11 FUNDING FOR THE CONSTRUCTION OF A NEW PUBLIC WORKS FACILITY. (STATE & FEDERAL) The Seward Public Works Facility was built in 1965 after the '64 earthquake. Relocating this facility from downtown has been a desire of this community for over 40 years. The relocation of the facility to a more commercial area with adequate acreage for a new equipment warm storage building, a maintenance repair shop, and other public works function are needed. The current building is worn out and doesn't fit well in the more residential use district. It is too small, very inefficient, and critically inadequate fortoday's operations and staff. Ibis project is bigb on the City's priority list for funding. Completing this project asap 2vill also free up 32 small downtown residentiallots to the public and willgreatly help 2vitb the housing shortage in Seward. Estimated cost is $8,000,000. Current Public Works facility. r7 SEWARD PUBLIC WORKS Responsible for operations of the Water and Wastewater utilities, the Street Department, the City Shop, and limited Municipal Building maintenance. It is our mission to provide the City of Seward residents with prompt service and maintenance in a cost effective manner. The majority of our work consists of maintenance, repairs, and improvements of the City's streets, utilities, and equipment. SERVICES • Maintaining approximately 31 miles of paved and unpaved roads. • Maintenance of 28+ miles of both water distribution and wastewater collection main lines. • Maintaining the City's vehicle fleet. • Providing snow removal and sanding for safe roads in the winter. Hit: ',JIL i IM IP°, Conceptual examples of new Public Works Department facility. 12 2022 Legislative Priorities Report 33 Public Works Facility FUNDING FOR THE CONSTRUCTION OF A NEW FIRE DEPARTMENT FACILITY. (STATE & FEDERAL) Built in 1963, the current fire station has long passed its useful lifespan. The 58-year-old station is the only emergency facility to house full-time administrative staff along with a compliment of volunteer responders and the fire and rescue apparatus. The facility no longer conforms to industry national standards for safety and health to include the presence of asbestos, lack of appropriate storage for f refighter's protective gear, poor ventilation, lack of decontamination areas, and dangerous limited space in the apparatus bay. Not meeting these standards increases risks to not only personnel but also to personal protective equipment, apparatus, and community safety. The undersized building no longer supports modern apparatus, equipment and office space. The fire station requires continued costly repairs, is not energy efficient, and cannot accommodate future growth and change over the next several years. Estimated cost is .$15,000,000. Current fire station. SEWARD FIRE DEPARTMENT Dedicated to the protection of life and property through prevention, education, and emergency response. In 2006 Seward Volunteer Fire Fighters celebrated 100 years of service. Seward Fire Department and the City of Seward have an ISO classification of a 3/3Y. The Seward Fire Department consists of the Fire Chief, the Deputy Fire Chief, Building Official, Building/Fire Inspector, and an Executive Assistant along with 25 dedicated volunteer firefighters and auxiliary members. Current fire station. Conceptuol exomple of new fire station. Fire Department Station 34 2022 Legislative Priorities Report 13 FLOAT EXTENSION PROJECT IN THE HARBOR FOR Z FLOAT. (STATE & FEDERAL) There is currently an extensive wait list for vessels in the Seward Harbor. The wait list is a barrier for businesses and economic growth with charter vessels, tugs, barges, personal vessels, and commercial transient vessels not having the places they need to operate. The current wait list has been in existence for over 10 years wben this was initially placed on the Capital Improvements List. There has been movement on this list but the overall list (of over 200) has not changed sign �flcantly with the oldest request currently still waiting since 2014. Estimated cost is .$5, 000, 000. D%LT CITY OF SEWARD - 2022 - 2027 CAPITAL IMPROVEMENT PROJECTS ENTERPRISE FUNDS GENERAL FUND Department &Project Description Forecasted Project Cost Department &Project Description Harbor NE Launch Ramp $ 2,500,000.00 K, L & G float replacement $ 3,600,000.00 Replace Anodes on concrete floats $ 220,000.00 501[on wash down Pad $ 500,000.00 Electric on X-Float $ 800,000.00 5 ton crane on I -dock $ 500,000.00 Float Extension Z-Float $ 5,000,000.00 SMIC Additional Water Service $ 20,000.00 Improve Drainage $ 1,000,000.00 Fence Storage area $ 500,000.00 Additional power stalls $ 500,000.00 Pave City owned SMIC Roads $ 1,500,000.00 Finish North Dock Paving $ 1,000,000.00 Water Double wall fuel tank water $ 25,000.00 Design -Hypochorite Generator -SMIC $ 37,500.00 Construction-Hypochorite Gener.-SMIC $ 200,000.00 Water Meter Program - with auto -readers $ 250,000.00 Liftstation # I mobile standby generator $ 150,000.00 Distribution Piping upgrades (ductile iron pipe) $ 3,000,000.00 Lowell Canyon 200K gallonTank with 500K gallon tank $ 1,000,000.00 Gateway Tank Roof $ 150,000.00 Replace water lines - Elm Street $ 200,000.00 Well abandonment - Fort Raymond Property $ 45,000.00 Refurbish #4 production well $ 50,000.00 Heat Loop Project $ 3,600,000.00 Replace 10" and 14" AC water line btwn Phoenix and Sea Lion $ 250,000.00 Wastewater Manhole refurbishment $ 120,000.00 SMIC lower lift station (engineering only) $ 75,000.00 Two double wall fuel tanks.25k in 2023-2025 $ 25,000.00 SMIC lower lift station construction $ 225,000.00 SMIC piping for bypass design & construction $ 150,000.00 Wastewater Lagoon sludge removal $ 2,000,000.00 Water Meter Program - with auto -readers $ 250,000.00 Mobile Standby Generator $ 150,000.00 Replace infrastructure past useful life $ 330,000.00 Electric Nash Road Project $ 3,410,955.00 Seward Highway Transmission Upgrade $ 426,184.00 Substation Voltage Conversions $ 5,581,873.00 Spring Creek Substation Refurbishment $ 3,498,655.00 New Harbor Substation $ 2,104,077.00 New Transformers (7) $ 4,360,000.00 Stoney Creek Cable $ 200,000.00 Old Mill #3 - Cable $ 200,000.00 Questa Woods - Cable $ 100,000.00 Gateway Upper & Lower - Cable $ 190,000.00 Security Cameras - Fort Raymond $ 185,000.00 Radiator Hoods - Fort Raymond Plant $ 200,000.00 Parking Replace Parking Kiosks $ 100,000.00 Total• $ 50,479,244.00 City of Seward Capital Improvement Projects 2022-2027 36 r,orerasrea uosr Public Works Sidewalk and ADA ramp repairs $ 75,000.00 ADA Compliant Public Entr Modification $ 300,000.00 City Hall Parking Lot and Retaining Wall $ 55,000.00 Public Works Bldg Design & Engineering $ 125,000.00 Public Works Building Construction $ 8,000,000.00 Lowell Creek Flood Control Diversion Tunnel $ 185,000,000.00 Lowell Point Road FLAP Grant safety study $ 80,000.00 Library Library Emergency Exit Doors $ 15,000.00 Library Cameras $ 25,000.00 IT IT Dept- City Phone System $ 250,000.00 Fire Department &Police Department Feasibility & Design Engineer Fire Station $ 250,000.00 Public Safety Radios $ 280,000.00 Feasibility & Design Engineer Police Department $ 250,000.00 Public Safety or Police Building $ 15,000,000.00 Campgrounds Additional Campground Utility Sites $ 400,000.00 Resurface Campgrounds $ 200,000.00 Parks &Recreation Resurface Playgrounds $ 300,000.00 Replace N. Ballaine Playground Equipment $ 300,000.00 Construct Wellington Pavilion $ 400,000.00 Evaluate/Rebuild Lagoon Boardwalk $ 240,000.00 Cemetery - Columbarium $ 35,000.00 Cemetery - Ground Penetrating Radar $ 35,000.00 TYC Facility Renovation $ 75,000.00 7btab $ 211,690,000.00 City of Seward © 2022 City of Seward, AK I P.O. Box 167 410 Adams Street City Hall Building Seward, AK 99664 1 (907) 224 3331 www.cityofseward.us The City of Seward would like to acknowledge the Seward Chamber of Commerce & CVB for their invaluable partnership in economic development and destination marketing and management. Their work is supported by the thousands of annual visitors to Seward through a portion of the 4% bed tax collected by Seward's esteemed lodging providers, as voted by the citizens of Seward in the 1995general October election via Initiative Ord. 95- 001z, which took effect in November 1995, and was implemented January of 1996. Branding, design, and photography elements for the 2022 City of Seward Legislative Priorities Report have been provided by the Seward Chamber of Commerce & CVB, as it continues to strive to fulfill its mission to keep Seward the best place in the world to live, work and play. SM"4 CHAMBER Seward Chamber of Commerce & CVB PO Box 749 1 2001 Seward Highway Seward, AK 99664 1 (907) 224-8051 www.seward.com W, 4 1 r J Vi xr v e'er w .r , W.. 4 _..,,... m; ,� t'rtw r •, .,41 _u M; F9 ;a u r , u _m �Pill? _ Electric Department Director Rob Montgomery ➢ Power Outages — The City has experienced a few weather -related power outages the past couple of weeks, two the result of high winds and the third a result of shedding snow burning a jumper on the power pole. A jumper is simply a short length of wire used to connect two or more lines at the pole. The two wind -related outages affected the entire city, and each was less than an hour. The third outage affected subdivisions around the city, with some of those subdivisions being without power for about four hours. I would like to recognize the work of our crews for their prompt response to the outage calls and their work in difficult conditions to restore power. ➢ Infrastructure Projects Update — Bids were received from three established Alaska -based companies for the Nash Road/Seward Highway infrastructure work. The Electric Department selected the winning bidder the week of January 17 and preliminary planning discussions are underway. While plans call for construction activities to begin this summer, an exact start date is difficult to determine due to the lagging supply chain. We will continue to provide updates as the project moves forward. ➢ IBEW Contract Term — The City's contract with the International Brotherhood of Electrical Workers (IBEW) expires at the end of June. The Electric Department conducted a meeting on January 12 with the Assistant City Manager, Human Resources and the City Attorney's office to begin discussing City/Electric Department priorities and a tentative timeline for future discussions and negotiations. ➢ Forensic Audit — Electric Department representatives met with the City Manager, Assistant City Manager, and the Billing department as a follow-up to the Forensic Audit work session on January 10. K11 Finance Department Sully Jusino ➢ Internal Utility Audit: Finance is continuing their review of accounts to ensure correct billings. Changes will take effect in February. o Most recent focus on reclassifying SGS customers to LGS and LGS customers to SGS. o Staff will contact customers being reclassified to LGS, by phone and mail. o Utility Billing staff will be reaching out by phone and mail to notify customers of changes to their classifications. o Staff is currently working on spreadsheets to provide to customers detailing estimated billing changes to their account. ➢ External Forensic Utility Audit: o Staff and contractor answering questions and provide information after to Audit firm. ➢ Financial Services agreement with Carmen Jackson LLC has been signed. Starting on - site on 1/17/2022 the firm will be assisting the finance department in account reconciliation, journal entry review, assist in preparing for the annual audit. A firm team member will perform standard Interim Finance Director duties. ➢ Budget: Finance will finalize and compile the 2022 budget document for publication and distribution. ➢ 2021 Annual Financial Audit: The City's audit firm, Altman Rogers, will be on -site the weeks of April 1 Ith and April 18th, 2022 to conduct field work for the audit of the 2021 financial statements. Finance Department will begin preparation for the audit and to close the books for 2021. 40 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 2022 YTD: 51 inspections discovering 85 violations. Emergency Calls YTD: 10 New Building Permits Issued 2022: 0 Demo Permits Issued YTD: 0 • Crews assisted the American Cancer Society & the Harbor Staff with the annual Polar Bear Jump Off on the 15t" • Coordinating with the Chamber of Commerce to have Fire Extinguisher companies come down and set up Extinguisher inspections for community members, small businesses, and nightly lodging establishments. Please call the Chamber for more information. Plug only 1 heat producing appliance directly into a wall outlet at a time and never use an extension cord with a heat producing appliance. to Did you know? DEC 0 FEB Half of all home heating fires occur in December, January and February. As you stay cozy and warm this winter, stay fire smart? IBM Plug only 1 heat- Keep anything that can producing appliance burn at least 3 feet (like a space heater) into from any heat source. an electrical outlet at a time. U.5 Fire E..roes AdministrationN FPX Did you know that heating is the second leading cause of home fires? Help your community members stay safe during the winter with these tips: • Install and test carbon monoxide alarms at least once a month. • Have a qualified professional clean and inspect your chimney and vents every year. • Store cooled ashes in a tightly covered metal container and keep it outside at least 10 feet from your home and any nearby buildings. • Keep anything that can burn at least 3 feet from any heat source like fireplaces, wood stoves, radiators, or space heaters. • Plug only one heat -producing appliance (such as a space heater) into an electrical outlet at a time. • Never use an oven to heat your home. Turn space heaters off when leaving the room or going to bed. E,% Harbor Harbormaster Norm Regis ➢ The 330-ton Travelift was very busy this week due to warming temperatures, we are currently placing vessels into and out of the water. ➢ We are clearing snow in the SMIC yard and trying to keep the SMIC yard water flowing into the ditches with all this additional rain. ➢ 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 - February. ➢ 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, they have scheduled a presentation for PACAB at the February 16t" work session. ➢ Transpac Marine should be shipping up the G, K and L-floats on the 215t of January arriving in Seward depending on weather by the 28t" of January. 43 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. January Artifact of the Month Alaska Railroad Transfer Celebration Tickets The January Artifact of the Month is a pair of tickets to the Alaska Railroad Transfer Celebration on January 5, 1985 in Nenana. The tickets allow transportation to and from Fairbanks with a stop in Nenana on the way up. During the celebration ownership of the Alaska Railroad transferred from the federal government to the State of Alaska, who still owns the railroad. Learn about the history of the Alaska Railroad involving Seward and its development over the years. 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 Tuesday 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 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. Museum Hours Friday — Saturday 1 p.m. — 5 p.m. We are currently taking passport appointments. Please call 907-224-4082 to make an appointment. 44 Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter • The Ventrac Snow Vehicle we ordered is in the process of being built. • Portable restroom trailers & skid unit are in the process of being delivered. • Working on various RFP's, e.g., community rec center, portable toilet services, etc. Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https://www.cityofseward.us/departments/parks-recreation/campgrounds YTD Campspot Bookinas as of 01/14/22 Period Site Nights Revenue Completed Bookings 0 $ 0 Advance Bookings 0 $ 0 Total: 0 $ 0 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 01/04 12 participants Archery 01/04 5 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 Basketball I Thursdays 1 7 pm — 9 pm 01/06 6 participants eM Public Works Department Doug Schoessler ➢ Public Works Dept: Streets Snow removal and flooded areas: All Public Works employees will continue to work on snow and ice issues this month. We expect to see more rain and snow as we move toward spring. The slushy conditions present even more of a challenge as the ditches and storm drains get blocked quickly after we clear them. The whole crew here steps up and works early and overtime as needed to make the streets safe for everyone. Snow Avalanches: We continue to respond at all hours to clear multiple snow avalanches on Lowell Point Road. Many of these cover the whole road, stopping traffic until the snow is cleared away by Public Works staff. To report avalanches or other road hazards Monday -Friday 7am-4pm call Public Works 907-224-4058 0 For all after hours reporting call Police Dispatch 907-224-4022 ➢ 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. For items 1 & 2, testing is scl7eduled 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. R & Mhas responded with a proposal to do the engineering design appropriate for items 5 and 6 including adding new aeration equipment and modifications, and high efficient blowers. 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. e11 Consider modifying the influent and effluent header piping to provide additional inlets and outlets serving each basin. R & M willalso reseaIV7projectfeasibilityand thien propose ,project scope with ,projected timeline and cost estimate. 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 -M 7ew update for this item as of 111412022 -*Update: This total price will drop since we recently determined the pit drain in the shop is fully sealed concrete with an oil/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 of2022 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 snow storms 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. The Harbor area is also plowed early by one of the 2 graders heading to Clearview and Forrest Acres. 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 you! 47 ** Winter weather is here. Don't get a ticket for parking downtown on Tues and Weds morn ino ** Please take note of the Seasonal '"No Parking" signs that were installed on 3rd� 4t", and 5t" 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. 48 S��rd January 2022 CHAMBER Seward Chamber Council Report ATIA: The annual conference went virtual and was attended by our board and staff members online, with information gleaned about State marketing practices. Hiring: We've been able to fill our open membership coordinator position and are excited to introduce our new staff member to the membership when they start on Feb. 14. We're also starting the hiring process for our visitor center in the summer. Visitor Guide: Started a marketing campaign to announce our new visitor guide by sharing guides from the past. It's a fun way to see how far we've come. Hometown Guide: We're in the early stages of creating a hometown guide. Currently, we're outlining what it will entail and look like and are open to suggestions. We'll begin soliciting advertising as we get more established in what the new guide will showcase. Additional Marketing: We worked closely with our designer as they worked on the city of Seward's Legislative Priority guide, furthering the great brand of Seward. We're also working on a long term marketing plan and goals list to work with in the future. Visitor Services: The Visitor Center is still open during the week from 10am — 4pm Monday — Friday and is closed on the weekends. We've had a steady trickle of visitors. Seward Marine Front: Now that we have our guide in hand, we're looking to spruce up the web presence of all that data. Excited to have that level of information and detail across the board. Also hoping to reconvene Marine Front meetings to see what the next steps are in strengthening our Marine Front. Silver Salmon Derby: The 2022 SSD will be August 13 — 21. The Salmon Derby Committee met in mid January to discuss the upcoming event and we'll see some slight changes, including expanding prize categories, expanding merchandising options, and bringing back more interactive elements to the event. We are printing three interpretive panels to be installed on the side of the derby booth that will explain the life cycle of salmon, historical significance of the derby, and the fish restoration program. They will be ready and installed by summer. Mount Marathon Race/4th of July: The Committee is working on race and safety plans and contingencies. Planning is moving forward for the July 4, 2022 race and we're excited to have everything under the umbrella of the July 4 holiday again. With the loss of Q, the MMR web designer, last year, the race committee is working to insure eu1 S��rd January 2022 CHAMBER Seward Chamber Council Report everything is running smoothly on the back end prior to the opening of registration in March. Anecdotally, many visitors have been calling the Visitor Center looking for housing options but it seems Seward is completely full across July 4th already. Vendors are already reaching out to register for the 4th of July festival. We've decided to open the registration for return vendors, but not take any payment until things are finalized, in order to ease the planning burden as we get closer to the summertime. Heat Pump: Our heat pump has been garnering some attention from locals interested in utilizing the technology in their homes or businesses. We have also been hooked up to track how much energy the pump uses and will be excited to see that information once it's aggregated. Charging Stations: Our charging station equipment has all arrived and ready to go once the ground thaws. We've been in contact with several interested parties in organizing an informational gathering on all things environmentally friendly once the EV charging stations are ready to go. Not a full blown energy fair, but an opportunity for people to gather and share information and see the new equipment install and how it works. Barriers to Business: Have been working with PACAB to identify barriers to entry for businesses by interviewing local business owners. In the early stages of planning a group gathering to share ideas in an open forum. Community Awards/Chamber lunches: We are in the early stages of planning our annual awards banquet, 2022 Chamber lunches, and other social events. Still being conscious of COVID-19 while progressing through to insure we still serve our membership and community. We will be hosting a "Coffee and Chat" on Jan. 27 to encourage the community to meet the new AKSBDC advisor Kelly Ann Cavaretta and myself. AKSBDC: Kelly Ann has been training in her new role, shadowing with clients. She has met with a few Seward based clients already and we are excited to see her hit the ground running. She'll also be participating in the Young Entrepreneur Scholarship program alongside the Seward Rotary. li c January 2022 Seward Chamber Council Report CHAMBER FEBRUARY EVENT: Karen is planning a February event in town to celebrate Valentine's Day with family friendly activities, speed dating, as well as other exciting opportunities to get out and celebrate romantic, friendship, or familial love! POLAR PLUNGE: Seward was jumping over Jan. 15 weekend, with Polar Jumpers from across the state coming to freeze and raise money for the American Cancer Society. Karen worked with the Polar Jump Committee in coordination of events, volunteering, and jumped! Other Visitor Center Activities: • Reaching out to lodging providers for specific requests from visitors • Updated one sheets • Starting to put in guide requests for other visitor centers • Office maintenance and housekeeping • Keeping community calendar updated • Creating marketing materials for events (Polar jump and feb weekend) • Coordinated details with Yukon Fire to provide fire extinguisher checks for community • Creating training material for new employees coming this spring 62 SEWARD HILDCAR Casie Warner HYPER Program Developer Early Childhood Education Workforce Early Childhood Educator Wage Funds Allocated for Childcare Capital Projects Funds Allocated for Childcare Deserts Increase Access to Quality and Affordable Childcare Current Barriers 53 Early Childhood Education Workforce - Encourage Seward High School students to enroll in the Kenai Peninsula School Districts Child Development course - Provide technical and financial supports to those interested in completing their Child Development Associate (CDA) - Connecting interested individuals to Thread and other state partners for financial supports in attending University classes, select trainings in ECE and obtaining a CDA 54 Early Childhood Educator Wage Educational Incentives ■ Model the HEARTS (Hiring Educating And Retaining If you have at least a CDA or 12 college credits in Teaching Staff) program currently implemented in Early Childhood Education you may be c, eligible for educational incennves based on education level Juneau and hours worked'. - Individuals working (or operating) a licensed Tier l: $1.00/hr -Current CDACEc AlaskaSEEDLevels 7 and 8: 12+Ecollege credits childcare program can apply for a tiered Tier 2:$1.58/hr -Alaska SEED Level 9: AA degree in educational incentive. ECE or related field —Ok—BA in unrelated field with 12 ECE college credits ■ Advocating with state partners to improve the Child Tier 3;$2.71/hr -Alaska SEED Levels 10+:8A or MA in ECE or related field -0fi— unrelated Care Assistance Program eld with 30 ECE college credits - Pilot a tiered reimbursement initiative for infant and toddler care 'If you workfull time you will receive a check twice a year, for an annual total of: Tier I $2080, - Increase reimbursement (to providers) to a Tier ll: s7728,TIar III:$5636. higher percentile of market rate 55 ADVOCATING FOR CHILDCARE CAPITAL PROJECTS FOR RESOURCES TO ADDRESS CHILDCARE DESERTS FOR INCREASED ACCESS TO QUALITY AND AFFORDABLE CHILDCARE 56 Conversation Starter ■ Anchorage Preschool Project - Individuals advocating in Anchorage to secure a percentage of the Marijuana Tax funds to support a universal preschool program for Municipality of Anchorage ■ Upcoming meeting with the lead organizer on January 19tn ■ Possibility for this on the Kenai Peninsula? 57 Other Pathways to Success ■ Build a partnership with the Small Business Association to access their support for individuals interested in opening a licensed childcare business in their home. ■ Locating those interested in starting their own business operating a childcare program in their home. 58 Local Resource am a local resource for those interested in operating a childcare program in their home. ■ Startup funds ■ Technical support ■ Additional funding once licensed status is achieved - I can assist in getting your licensed application expedited through the Child Care Program Office - Potential to operate a licensed childcare program even if you rent, with an approval letter from your landlord 59 Contact Information Casie Warner casie@spcalaska.org 907-491-0544 Ordinance 2022-001 Documents: • Agenda Statement • Ordinance 2022-001 • Attachments: o P&Z Resolution 2021-025 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 I.% 0 Not budgeted Finance Director Signature: Attorney Review-' I I Administration Recommendation RYes Not applicable e✓ Adopt Ordinance Other: 63 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." 64 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 i4m 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 doinz their own cookinz independently of any other individual or family in the same buildinz a. Commercial buildinz apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. b. Efficiency apartment (also called accessory apartment). A single separate dwellinz unit consistinz of not more than one habitable room which includes 65 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 combined kitchen, dininz and sleepinz areas with accompanyinp sanitary facilities, and which is located within or shares a common wall with a sinzle- family dwellinz c. Owner or manazer apartment. An apartment within a buildin'a that is desi'aned 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. " 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 Unitl Boarding house. a. An owner -occupied buildinz 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 dininz facilities are provided in the individual rooms. b. Meals may be regularly prepared and served for compensation at a table, family -style, without service or orderinz of individual portions from a menu. c. The term includes lodzinz house or rooming house but does not include separate apartments with individual kitchen and bath facilities. 00) Big - .LA pub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. (� f} Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. {� 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. " Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. (" 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 66 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. " 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) (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. Business License. A permit issued by government agencies that allows individuals or companies to conduct business within the-overnment's-eo,-raphical jurisdiction. "Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. "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. " 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. (28) Camping unit. A tent or recreational vehicle. (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. (224 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. {� 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. 67 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (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. (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) (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. (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 (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) (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. k34) 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. � Dwelling. fner� Means any buildinz or portion thereof designed 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. 68 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. z Duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extendin'a from Zround to roof or unpierced ceilinz and floor extendin'a from exterior wall to exterior wall, except for a common stairwell exterior to both dwellin'a units. h. (.) 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 providing complete, independent livinz facilities for one or more persons, includinz permanent provisions for livinz, sleepinz, eatinz, cookinz, 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. CITY OF SEWARD, ALASKA ORDINANCE 2022-001 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. 03-) Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. (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. (3S) 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. (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. (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. (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) Guest Room. A room used or intended to be used by one or more guests for living or sleepinz purposes. (39) 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) Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. (4 4) 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. (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. 70 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (43) Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (14estel. See Lodging) tom i. See ,,.,ao -g) per - Hostel. A building, or portion thereof, in which temporary or overnight lodzina is Provided for hikers, cyclists or other travelers not zenerally travelin'a by car. Hosted lodging unit. a. An owner occupied single-family residential dwellinz where the owner resides at the dwellinz unit while it is beinz 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 lodzina 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 SO percent of the bedrooms to a maximum of five. Hotel. A facility with six or more guest rooms and on -premises management offerinz transient lodzina accommodations to the zeneral public on a daily rate where access to all sleepinz rooms is through a main entrance and which may Provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodmes and inns. Housing Unit. Structures providing housing for groups of people, such as students, employees or nursing home residents, a dormitory or a group ofcells 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. VA 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 states 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 staffinz. Persons admitted to these facilities do not include people who pose a threat or danzer to the public for violent or sexual misconduct. Insurance Company. Any insurance agent and/or company through which a Licensee has obtained an insurance policy to protect the property being used as a Short -Term Rental. {�} 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. (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. Listing The profile of a property on a listing site or Online Travel Agency and zenerally includes a title, description, photos and pricing Listinz site. Also known as "Online Travel Agency (OTA)' . Third -party aments that list accommodations and advertise them through their own network. VRBO and Airbnb are examples of vacation rental listinz sites. (4-7) 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. (4-8) 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. (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 M 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 or- mor-e gtt r ,a o— . ses management personal sen,iees. e -linos 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. (� 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. 1. {}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. {-B+-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 73 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. { 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. (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. " Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. (5-S) 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. 74 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (* 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. (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) (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. (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) Motel A building, or group ofdetached or connected buildings, having six or more Zuest rooms, an on -premises manazer 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 designations such as motor lodges, auto courts, tourist courts and similar terms. (Multiple-family.See Dwelling) Multistory Unit. A dwelling unit or sleeping unit with habitable space located on more than one story. 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. (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. {62) Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. (" 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. (" Open area. Open area is any portion of the lot not: a. Covered by a structure, or; �� �G � b. Used for parking spaces and maneuvering. (7 (6-5} Owner. AA • individtial, f;•-•�rr syndiea+e, pat4ner-ship, eeTer-a4ien, ^hiding the at4omey ^agent *4^r Any person, anent, operator, entity, rirm or corporation havinz any legal or equitable interest in the property, or recorded in r& CITY OF SEWARD, ALASKA ORDINANCE 2022-001 the official records of the state, borou'-h or municipality as holdin'a an interest or title to the property, or otherwise having possession or control of the property, includinz the Guardian 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 by a court. 00 Park. Any public land available for recreational, educational, cultural or aesthetic use. (" 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. (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. �" 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. � Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. (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.) � 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. (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. (74} Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. (7-5-) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. (7-6) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. (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. M-11 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 (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. (79) 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. (" 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. " Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. Oq) Residence. A home, abode or place where an individual is actually living at a specific point in time. 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. " 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. (rs) 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. (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. (ff) 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) {94} 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. 77 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) {94} 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) {92} 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 verifyin'a that an individual has met all the requirements to legally operate a hosted lodaina unit or whole house nightly 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/housina rental market. (107) Short -Term Rental Transaction. A transaction whereby a Licensee accepts payment or any other remuneration from another person for lod'ain'a 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, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwellin'a unit are not sleepinm 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. 1( 10) {" 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. 78 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. 1( 11) {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. 1( 12) (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. 1( 13) {W) Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 1( 14) (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. 1( 15) 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 openings. Also, commonly called sinzle family attached, row house and zero -lot line. (SCC 15.10.235). 1( 16) (99} 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. 1( 17) Transient. Occupancy ofa dwelling unit or sleeping unit for not more than 30 days. 1( 18) (4-" 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) 1( 19) {� Utility, public facilityAn 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. 1( 20) (4" Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 1( 21) 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. 79 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.) 1( 22) (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) 1( 23) {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. 1( 24) {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. 1( 25) Whole House Nightly, Non -Hosted lodging unit for which the owner (or authorized anent) is not required to reside at the residence unit. Describes a furnished self- contained dwelling that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housina rental market. Primarily used for accommodations or lodzina of zuests paying a fee or other compensation for a period of less than 30 consecutive days, 1( 26) 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 80 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. 1( 27) (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 nightly rentals are limited to the rental of not more than five west bedrooms. 81 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. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. " 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. 82 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. 83 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. 84 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 85 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. 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 storaze 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 rizht of neizhborinz 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, documentinz conformance with City Code and agreement 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 following minimum information: a. The address of the short-term rental. b. Contact name(s) of the property owner. c. The total number of nights 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 assigned off-street parkin, if applicable. f. Documentation of annual fire safety inspection signed 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 Emerzency Manazement tsunami evacuation route map. 5. Application of health, fire safety, and buildin'a codes. Short-term rental facilities shall meet all applicable health, fire safety, and buildinz codes. MI CITY OF SEWARD, ALASKA ORDINANCE 2022-001 a. New, converted, or annexed short-term rental facilities shall be inspected by the City ofSeward 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 lezal 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 (rezardless of the original 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, rezardless of whether the licensee obtains liability insurance for the short-term rental throuzh that Insurance Company, The Licensee shall verify compliance with this notification requirement by executinz and submittinz a form affidavit provided to the Community Development Department during 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 azzreaate. Such coveraze 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 through a Hostin,a 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 87 CITY OF SEWARD, ALASKA ORDINANCE 2022-001 be cause for automatic suspension of the Short -Term Rental license until the coveraze 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. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 88 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 62 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 Be 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. 00 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) 02 Ordinance 2022-002 Documents: • Agenda Statement • Ordinance 2022-002 • Attachments: o Planning and Zoning Commission Agenda Statement and Resolution ox3 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 0111 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: 0161 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 creatin'a noise, vibration, dust, smoke, fumes, odor, Aare, or other environmental impacts on surrounding properties or uses. ineltidiing prvees"si g, fad %tea-fio , assembly, tzeatn'"'rent, paekagin3 , 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 41- 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 1 O O 1 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 97 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 Utf 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 as 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. 100 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 100 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 102 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. AYES: NOES: ABSENT: ABSTAIN: VACANT: THE CITY OF SEWARD, ALASKA Tom Swann, Vice Chair im Ordinance 2022-003 Documents: • Agenda Statement • Ordinance 2022-003 • Attachments: o Planning Commission Agenda Statement and Resolution Itoy! 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 `11R Attorney Review-' I I Administration Recommendation RYes Not applicable e✓ Adopt Ordinance Other: 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. `MFA 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, 108 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. 109 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. isle] 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 450180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by ISE 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 camping unit is described as a modified campinz 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 a*fittal 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 "v: 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 im 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 im 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. THE CITY OF SEWARD, ALASKA Tom Swann, Vice Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Resolution 2022-008 Documents: • Agenda Statement • Resolution 2022-008 • Attachments: o Parcel Report o Appraisal "1: 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): ISM Not budgeted X Not applicable Finance Director Signature: """+y► l` Attorney Review✓ I I Administration Recommendation x Yes Not applicable xeAdopt Resolution Other: "f: Sponsored by: Bower Postponed: January 10, 2022 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. IsM 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 f��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 Dora Way r Appraised Lot 11,780 SF Date of Value: August 3, 2021 • U'UNHAM LAP i" :ism pa' An 9►F Mom' ti` r. "R 1I Pi � Phoenix Road Submitted To: Jackie Wilde Community Development Director City of Seward PO Box 167 Seward, AK 99664 File No. 21-3581 IN MacSwain Associates LL C 4401 Business Park Blvd., Suite 22 Anchorage, Alaska 99503 Phone: 907-561-1965 Fax: 907-561-1955 s. macswain(?�macswain. 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 122 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 123 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 124 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 125 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 1 126 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 2 127 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 3 128 MacSwain Associates LLC Date: August 3, 2021 Subject Property Photographs Taken By: Alex Kleinke 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 4 129 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 5 130 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 6 131 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 7 132 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 8 133 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 9 134 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 a�, ,• r0�7 �i j\ {`j(j/1j IIi W/A� 1`� ',��' � �r�1 I V•'��..�-- '1 � Y O"W7.i it Small Boat Seward 'J'' . Harbor Town ite 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 10 135 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 11 136 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 12 137 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 13 138 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 14 139 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 OETAit'A 9 6 I , 5o°d- 5 2 . 'EOESTRIAN ESNIT. -1 I500°0057"E 5 } ` .-\ t _ ✓-1 y_ Ti e.f m z o Dora Way >, m m ' `O to II I IIB. a� �I 3 0� Iz000 Jo 4 N �o-�,- o W - O� Ip Ile 34 O 2 O M aPi 7 ap N 120.00 Oo N 7320.f. N w c 00�5i'E EO O i O mN d n m oo 1500 w z 507'E Od5 • z 2 1 1 ne. o6 -n,b��oaa 12 � Izo.oa � I QCy I 'i ese�.r n 1{v I o Location Shape and Land Area: Access: N 00' 00 04 W 7 12 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 140 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 16 141 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 17 142 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 18 143 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 19 144 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 gyp, ,Vr .. .� .t�, • . ,�',; ti �; ��� r."!r �* � .M � + wv • w' „fir 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 20 145 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 21 146 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 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 encroach onto the property according to the Broker. All public utilities are available. Zoning is intended for single and two-family residential development. The lot benefits from mountain views. The property was 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 22 147 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 23 148 �rrnrmr�mm `« 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 150 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 IN 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 Ordinance 2022-004 Documents: • Agenda Statement • Ordinance 2022-004 `M7: City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Ordinance 2022-004: Amending Seward City Code Chapter 2.30 Boards and Commissions, Article 2 Seward Planning and Zoning Commission by Enacting Section 2.30.217 Staff Assistance to Commission and Providing for Housekeeping Amendments Background and justification: Ordinance 2022-XXX enacts 2.30.217 Staff Assistance and provides for the following housekeeping amendments: • Section 2.30.210 Established — subsection A, is bulleted in an attempt to clarify the section. Subsection B has been amended to add vice chair in the yearly selection process and to further describe the role of the chair and vice chair. • Section 2.30.215 Terms of office; filling vacancies — subsection C adds the language "in a 12-month period", to provide for a timeframe concerning member absences from three consecutive regular meetings. • Section 2.30.217 Staff assistance to commission — this is a new section stating the city manager, or designee, shall assist the commission and further defines the assistance received from city staff. This section has been added to codify what is currently being done. • Section 2.30.118 Quorum — the language was in 2.30.220 and is moved to its own section. • Section 2.30.220 Meetings and quorum — quorum language was struck and moved to section 2.30.118. Language regarding minutes was struck and moved to section 2.30.224. Language regarding voting was struck and moved to section 2.30.223. Language regarding meeting rules of proceedings was added. • Section 2.30.221 Meetings — time restrictions — further bulleting was added for greater clarity. In subsection C, language regarding addressing agenda items prior to 10:30 pm adjournment. • Section 2.30.223 Voting — the language was in section 2.30.220 and moved to its own section. • Section 2.30.224 Minutes — the language was in section 2.30.220 and moved to its own section. • Section 2.30.225 Powers and duties — Subsection D has been added to clarify the commission must first obtain council approval before soliciting or committing city funds. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and encourage future development Strategic Plan: Page 9 - Promote Residential and Commercial Development Inside the City Other: 157 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 (✓): Budgeted Line item(s): Not budgeted X Not applicable Finance Signature:' Attorney Review-' Administration Recommendation RxYes x Adopt Ordinance Not applicable Other: 158 Sponsored by: Bower Introduction Date: January 24, 2022 Public Hearing Date: February 14, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-004 An Ordinance of the Seward City Council, Amending Seward City Code Chapter 2.30 Boards and Commissions, Article 2 Seward Planning and Zoning Commission by Enacting Section 2.30.217 Staff Assistance to Commission and Providing for Housekeeping Amendments WHEREAS, City administration wishes to clearly define staff assistance to the commission will be provided by a member of the City Manager's staff, and WHEREAS, the housekeeping amendments provide for clarifications of current processes. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.30 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 2.30.210 Established. A. Composition. There is created the Seward Planning and Zoning Commission, consisting of seven citizens, all of whom shall reside in the city and who shall be appointed by the council. 1. If there is more than one applicant for the position, the council shall appoint by ballot voting. 2. Applicants must receive at least four votes in order to be appointed. 3. No officer or employee of the city may be an appointed member of the commission. B. Chair and vice chair. ^ ,.h.,:,.ma of the 1. The commission shall select a chair and vice chair shall be s le annually_- 2. The chair shall preside at all commission meetings, may participate in the debate, and vote on any matter of the commission. 3. In the absence of the chair, the vice chair shall exercise all the powers of the chair. 2.30.215 Terms of office; filling vacancies. A. Members of the Seward Planning and Zoning Commission shall be appointed for three years; provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed each year. B. The council may appoint any qualified person to fill a vacancy of any member of the commission; provided, that the appointment shall be for the unexpired term of the vacancy. C. Following a member's absence from three consecutive regular meetings in a 12-month period of the commission, the remaining commission members shall decide whether the commissioner should be retained or whether to request council appointment of a new member. 159 CITY OF SEWARD, ALASKA ORDINANCE 2021-004 2.30.217 Staff assistance to commission. A. The city manazer, or designee, shall. 1. Assist the commission and shall be qualified by special traininz and experience in the field of city planning, 2. Will be the regular technical advisor of the commission, but shall not have the power to vote. B. City staff shall provide a clerk to the commission. The clerk shall. 1. Properly advertise the meetings as required by the Alaska Open Meetings Act, 2. Prepare the commission packet, and 3. Attend the commission meeting and keep a record of commission proceedings. 2.30.118 Ouorum. Four members of the commission shall constitute a quorum for the transaction of business, except that, in the absence of a quorum, any number less than a quorum may adiourn the meetinz to a later date. 2.30.220 Meetings . A. Regular meetings. The co....,F Plann ing ing and Zoning Commission Regaular meetings shall meet be held at 7:00 p.m. in the city council chambers on the first Tuesday of each month. B. Special meetings. Special meetings may be held at the call of the chair or the city manager, and at such other times as the commission may determine. C. Meetings open to the public. All meetings and records of the commission shall be open to the public. D. Meetinz rules of proceedinzs. Meetinzs shall be conducted under the current edition of Robert's Rules of Order, Newly Revised Edition. E. ; 2.30.221 Meetings —Time restrictions. A. The commission shall take no official action or address any other items on the agenda after 10:30 p.m. and shall adjourn any regular or special meeting no later than 10:30 p.m. 1. The time for conclusion of business and adjournment is mandatory. 2. In the event the commission's business has not been completed by the time set herein, the commission may recess the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. B. If the meeting is adjourned without making other provisions for completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled commission meeting under the agenda section for unfinished business. C. The commission shall not adjourn prior to 10:30 p.m. unless all agenda items have been addressed, and presentations and comments by members of the general public have been heard. 160 CITY OF SEWARD, ALASKA ORDINANCE 2021-XXX 2.30.223 Voting The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a lamer majority is required by law. 2.30.224 Minutes. A. The clerk to the commission shall keep minutes of all meetings. B. The minutes shall record the vote of each member on every question. C. The minutes shall be filed with the City Clerk's Office and shall be a public record 2.30.225 Powers and duties. A. The commission shall perform the following duties: 1. Interpret the provisions of this title and make compliance determinations when requested by the administrative official; 2. Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward Zoning Code; 3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the council for consideration; and 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. B. The commission shall act in an advisory capacity to the city council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the city council. C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: 1. Subdivision plat proposals; 2. Right-of-way and easement vacation petitions; 3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and 4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. D. The commission shall have no authority to solicit or commit city funds without first obtaininz approval of the city council. 2.30.230 Compensation of commissioners. A. Commissioners shall be compensated for service on the planning and zoning commission at the rate of $100 per month; and B. Each commissioner shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the fourteenth day of February, 2022. Resolution 2022-009 Documents: • Agenda Statement • Resolution 2022-009 • Attachments: o PACAB Resolution No. 2022-001 `M City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council Through: Janette Bower, City Manager From: Port and Commerce Advisory Board Agenda Item: Resolution Adopting the Port and Commerce Advisory Board (PACAB) Priorities from February 2022 to February 2023 Background and justification: Annually, the Port and Commerce Advisory Board establishes their priorities. During PACAB's work session held on December 15, 2021 the Board reviewed and updated the 2022 Priorities List. At their January 5, 2022 regular meeting PACAB approved Resolution 2022-001 recommending Council adoption of PACAB's 2022 Priority List. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with: Comprehensive Plan: Most of the priorities which the Board wishes to work on are an outgrowth of goals and objectives established in the Comprehensive Plan. Strategic Plan: The Strategic Plan also identifies many of the priorities addressed by the List. 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 Signature: �J Attorney Review-' Administration Recommendation RYes X Adopt Resolution X Not applicable Other: `M Sponsored by: PACAB CITY OF SEWARD, ALASKA RESOLUTION 2022-009 A Resolution of the City Council of the City of Seward, Alaska Adopting the Port and Commerce Advisory Board (PACAB) Priorities from February 2022 to February 2023 WHEREAS, the Port and Commerce Advisory Board's (PACAB) responsibilities are listed in SCC§ 2.30.325 Powers and Duties: and WHEREAS, City Council and PACAB held a March 27, 2021 joint work session to review and update the current Priorities List: and WHEREAS, at their December 15, 2021 work session, the Port and Commerce Advisory Board reviewed and updated their Priorities List: and WHEREAS, at their January 5, 2022 regular meeting, the Port and Commerce Advisory Board passed their updated Priorities List: and WHEREAS, with the passage of PACAB Resolution 2022-001, PACAB recommends Council adoption of the 2022 Priority List. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following List of Priorities through February 2023 is hereby approved: PRIORITIES • Support harbor operations and harbor users • Help lead Seward Marine Industrial Center (SMIC) development • Advise and support the Seward Chamber of Commerce in their marketing role for the city • Explore and promote energy alternatives and community sustainability practices • Support actions and legislation that promote the viability of all businesses • Promote quality of life for Seward residents • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community 164 CITY OF SEWARD, ALASKA RESOLUTION 2022-009 SHORT TERM GOALS • Solicit data, input, and comments for recommendation to solve problems with employee recruitment and retention • Prioritize the City's legislative priorities for port and commerce initiatives • Conduct an annual review of vessel property tax and provide recommendation to Council; consider flat rates • Review the Harbor Tariff • Promote energy education and communication between the City and its residents • Track and evaluate the progress of the Interconnect Policy, Heat Pump Rebate and other energy -related issues • Hold a joint work session with the Planning & Zoning Commission about a SMIC overlay • Review the SMIC Development Plan • Track progress and make recommendations related to ongoing development at SMIC • Update Seward Boat Harbor Plan • Provide input on the Capital Improvement Plan (CIP) • Submit a Climate Action Plan to Council for adoption • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community • Send a board member to the Alaska Municipal League Conference • Discuss water and wastewater infrastructure and its ability to support economic growth, and evaluate environmental impacts • Participate in a joint work session with Historic Preservation Commission on Downtown Historic Overlay District LONG TERM GOALS • Update SMIC Development Plan • Support renewable and alternative energy sources; identify barriers to adoption and provide solutions • Promote open air and other meeting venues for public gatherings Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of Seward, Alaska this 24th day of January 2022. Sponsored by: Chair Jaffa CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-001 A RESOLUTION OF THE SEWARD PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, APPROVING THE 2022 PORT AND COMMERCE ADVISORY BOARD PRIORITIES AND GOALS WHEREAS, the Port and Commerce Advisory Board's responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, on December 15, 2021, PACAB held a work session to review and update their priorities and goals for 2022. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The Port and Commerce Advisory Board hereby approves their 2022 Priorities and Goals as follows: PRIORITIES • Support harbor operations and harbor users • Help lead Seward Marine Industrial Center (SMIC) development • Advise and support the Seward Chamber of Commerce in their marketing role for the city • Explore and promote energy alternatives and community sustainability practices • Support actions and legislation that promote the viability of all businesses • Promote quality of life for Seward residents • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community SHORT TERM GOALS • Solicit data, input, and comments for recommendation to solve problems with employee recruitment and retention • Prioritize the City's legislative priorities for port and commerce initiatives • Conduct an annual review of vessel property tax and provide recommendation to Council; consider flat rates • Review the Harbor Tariff • Promote energy education and communication between the City and its residents • Track and evaluate the progress of the Interconnect Policy, Heat Pump Rebate and other energy -related issues PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-001 • Hold a joint work session with the Planning & Zoning Commission about a SMIC overlay • Review the SMIC Development Plan • Track progress and make recommendations related to ongoing development at SMIC • Update Seward Boat Harbor Plan • Provide input on the Capital Improvement Plan (CIP) • Submit a Climate Action Plan to Council for adoption • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community • Send a board member to the Alaska Municipal League Conference • Discuss water and wastewater infrastructure and its ability to support economic growth, and evaluate environmental impacts • Participate in a joint work session with Historic Preservation Commission on Downtown Historic Overlay District LONG TERM GOALS • Update SMIC Development Plan • Support renewable and alternative energy sources; identify barriers to adoption and provide solutions • Promote open air and other meeting venues for public gatherings Section 2. The PACAB 2022 Priorities and Goals shall be brought to City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 5t' day of January, 2022. THE CITY OF SEWARD, ALASKA Bruce Jaffa, Chair AYES: Hughes, Smith, Holmdahl, Paquette, Lawrence, Jaffa NOES: None ABSENT: None ABSTAIN: None VACANT: One KIM Resolution 2022-010 Documents: • Agenda Statement • Resolution 2022-010 • Attachments: o Resolution 2019-038 o Amendment No. 3 o Cruise Ship Calendar for 2022 o Resolution 2018-042 o Operating Contract I City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-010: Approving Amendment No. 3 to the Operating Contract Between the City of Seward and Seward City Tours Background and justification: The City of Seward's 2030 comprehensive plan specifically includes the provision of a seasonal shuttle bus service which will add to local small business growth. The City has provided for a shuttle bus service for this purpose since 2010 using funds from the Commercial Passenger Vessel Tax (CPV). No CPV funds will be received by the City for fiscal years 2020 and 2021 due to a lack of cruise ship visitation. Many of the passengers use this service to travel from the Cruise Ship Dock to downtown Seward. This in turn has a positive impact on many businesses in Seward. The shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses. Seward City Tours and the City of Seward entered an operating agreement in 2018 to continue this valuable service to the community. In 2019, the contract was amended via Amendment No. 1 to extend the agreement, increase the contract rate, and allow for the City Manager to bring a resolution to City Council for extensions in 2022 and 2023. The COVID-19 pandemic caused the cruise ship industry to be unable to visit Seward in 2020 and 2021. Amendment No. 2 was agreed to by both parties on May 4, 2021, and reduced the scope of service to daily service from 11 am to 6 pm starting at the train depot and providing transportation for visitors to access the historical downtown district. The amendment reduced the rate from $161,335 to $83,800. Resolution 2021-125 approved the extension of the operating agreement as modified through Amendment No. 2 in 2022 at the base level of $83,800 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022. Amendment No. 3 fulfills the commitment to provide for a return to a normal level of service based upon the expectation that Seward will receive 99 cruise ships in 2022. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Item 8.2 from the Seward 2030 Comprehensive Plan specifically includes the operation of a seasonal shuttle bus that provides service between the railroad depot, cruise ship terminal, and downtown Strategic Plan: Other: `r-9 Certification of Funds Total amount of funds listed in this legislation: $ 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 (✓): RxBudgeted Line item(s): Not budgeted $ 144,220 Finance Signature: Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: `rot, Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-010 A Resolution of the City Council of the City of Seward, Alaska, Approving Amendment #3 to the Operating Contract between the City of Seward and Seward City Tours WHEREAS, in 2010, the City of Seward began providing a shuttle bus service between the Cruise Ship Terminal, the harbor, and historic downtown Seward; and WHEREAS, the shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses; and WHEREAS, Resolution 2018-042 approved the contract between the City of Seward and Seward City Tours for provision of shuttle bus services for 2018 and 2019; and WHEREAS, Resolution 2019-038 authorized Amendment No. 1 to the operating contract which increased the contract rate by $21,720, extended the term by two years, and added two optional one-year extensions pending City Council approval: and WHEREAS, the operating agreement for 2021 was reduced in the scope of services through Amendment No. 2 to the contract in response to the elimination of cruise ship visitation to Seward due to the COVID-19 pandemic; and WHEREAS, the amount paid for the operating agreement in 2021 based upon Amendment No. 2 was $83,800; and WHEREAS, Resolution 2021-125 approved the extension of the operating agreement as modified by Amendment No. 2 through 2022 at the base level of $83,800 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022; and WHEREAS, current market conditions indicate that the City of Seward will receive 99 or more cruise ships in calendar year 2022; and WHEREAS, Resolution 2019-038 anticipated 2022 cost of service for the Seward City Tours contract to be $228,020 based upon forecasted cruise ship visitation levels; and WHEREAS, Amendment No. 3 to the operating agreement returns the level of services to be consistent with 99 or more cruise ships and their associated increase in ridership and increases the level of funding accordingly. `r` CITY OF SEWARD, ALASKA RESOLUTION 2022-010 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby authorizes the City Manager to extend the contract, based upon the operational description in Amendment No. 3, between the City of Seward and Seward City Tours. Section 2. Funding in the amount of $144,220 is hereby transferred and appropriated in 2022 from the CPV fund 11103-0000-3710-0000-30051 to the Bus Transportation Fund Contracted Services account no. 30051-0000-7009. Section 3. This resolution shall take effect upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of January, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor MAKI Amendment No. 3 Amendment No. 3 to the agreement between the City of Seward and Seward City Tours., dated April 23, 2018 follows: WHEREAS, Resolution 2018-042 approved the contract between the City of Seward and Seward City Tours for provision of shuttle bus services for 2018 and 2019; and WHEREAS, the shuttle service has proven to be of a benefit to visiting tourists, Seward community members, and local businesses; and WHEREAS, Resolution 2019-038 authorized Amendment No. 1 to the operating contract which increased the contract rate by $21,720, extended the term by two years, and added two optional one-year extensions pending City Council approval; and WHEREAS, the operating agreement for 2021 was reduced in the scope of services through Amendment No. 2 to the contract in response to the elimination of cruise ship visitation to Seward due to the COVID-19 pandemic; and WHEREAS, Resolution 2021-125 approved the extension of the operating agreement as modified by Amendment No. 2 through 2022 at the base level of $83,00 with the expectation that a supplemental resolution would be forthcoming should the City expect to receive a normal level of cruise ship visitation in 2022; and WHEREAS, Amendment No. 3 to the operating agreement returns the level of services to be consistent with 99 cruise ships and their associated increase in ridership and increases the level of funding accordingly. NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties the agreed to amendment to the agreement as follows: 3. FEES shall read "Seasonal Transportation Services: $228,020" 4. SCOPE OF SERVICES shall read "The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 28, 2018, to provide professional services based on approved standards and instructions as specifically described in the same RFP." Except as provided herein, all other terms and conditions of the originating agreement remain in full effect. In witness thereof, the parties have set their hands and seals below: 173 Seward City Tours Date City of Seward Date 174 Cruise Line Agencies of Alaska Cruise Ship Calendar for 2022 FOR PORT(S) = SEW AND SHIP(S) = ALL AND VOYAGES = ALL 10:19 Monday, September 06, 2021 Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Page 1 of 4 175 Sunday, April 24 Monday, April 25 Tuesday, April 26 Wednesday, Aprd 27 Thursday, April 28 FYiday, April 29 SaNrday, April 30 SEW SEVENSEASMARINER SEW NORWEGIAN SUN 08:00 -17:00 0600-18:00 Sunday, May 1 Monday, May 2 Tuesday, May 3 Wednesday, May 4 Thursday, May 5 FYiday, May 6 SaNrday, May 7 Sunday, May 8 Monday, May 9 Tuesday, May 10 Wednesday, May 11 Thursday, May 12 FYiday, May 13 SaNrday, May 14 SEW NORWEGIANJEWEL SEW VIKING ORION SEW VIKING ORION SEW VIKING ORION 05:00 -21:00 08:00 - - -1700 SEW RADIANCE OF THE SEA 05:00 - 20:00 Sunday, May 15 Monday, May 16 Tuesday, May 17 Wednesday, May 18 Thursday, May 19 FYiday, May 20 SaNrday, May 21 SEW SH MINERVA SEW SH MINERVA SEW SILVER MUSE SEW XHLLENNHJM 0600- -2000 0700-1900 05:00-20:00 Sunday, May 22 Monday, May 23 Tuesday, May 24 Wednesday, May 25 Thursday, May 26 FYiday, May 27 SaNrday, May 28 SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW RADIANCE OF THE SEA SEW QUEENELIZABETH 05:00 21:00 0600 17:00 05:00 20:00 06:00 1700 Sunday, May 29 Monday, May 30 Tuesday, May 31 Wednesday, June 1 Thursday, June 2 FYiday, June 3 SaNrday, June 4 SEW ROALD AMUNDSEN SEW VIKING ORION SEW VIKING ORION 0600 20:00 1700 SEW VIKING ORION SEW SILVER MUSE SEW XHLLENNHJM 08:00- 0700-1900 05:00-20:00 Sunday, June 5 Monday, June 6 Tuesday, June 7 Wednesday, June 8 Thursday, June 9 FYiday, June 10 SaNrday, June 11 SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW SILVER SHADOW SEW RADIANCE OF THE SEA SEW STAR BREEZE 05:00-21:00 0600-17:00 0700-1900 05:00-20:00 07:00-18:00 Sunday, June 12 Monday, June 13 Tuesday, June 14 Wednesday, June 15 Thursday, June 16 FYiday, June 17 SaNrday, June 18 SEW SILVER MUSE SEW XHLLENNHJM 0700-1900 05:00-20:00 Sunday, June 19 Monday, June 20 Tuesday, June 21 Wednesday, June 22 Thursday, June 23 FYiday, June 24 SaNrday, June 25 SEW NORWEGIANJEWEL SEW VIKING ORION SEW VIKING ORION SEW VIKING ORION SEW RADIANCE OF THE SEA SEW ROALD AMUNDSEN 05:00-21:00 08:00- - -1700 05:00-20:00 0600-2000 SEW SEVEN SEAS MARINER SEW SYLVIAEARLE 0600-17:00 0600-2000 SEW SILVER SHADOW 07:00 -19:00 Sunday, June 26 Monday, June 27 Tuesday, June 28 Wednesday, June 29 Thursday, June 30 FYiday, July 1 SaNrday, July 2 SEW SILVER MUSE SEW XHLLENNHJM 0700 1900 05:00 20:00 Sunday, July 3 Monday, July 4 Tuesday, July 5 Wednesday, July 6 Thursday, July 7 FYiday, July 8 SaNrday, July 9 SEW SH MINERVA SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW SILVER SHADOW SEW RADIANCE OF THE SEA 0600-23:00 05:00-21:00 0600-17:00 0700-1900 05:00-20:00 SEW STAR BREEZE 07:00-18:00 10 19 Monday, September 06, 2021 Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Page 2 of 176 Sunday, July 10 Monday, July 11 Tuesday, July 12 Wednesday, July 13 Thursday, July 14 FYiday, July 15 SaNrday, July 16 SEW GOLDEN HORIZON SEW VIKING ORION SEW VIKING ORION SEW SILVER MUSE SEW MILLENNrUM 0600 -18:00 - -17:00 0700-1900 05:00-20:00 SEW VIKING ORION SEW ROALD AMUNDSEN SEW PACIFIC WORLD 08:00- 1900-21:00 0900-21:00 Sunday, July 17 Monday, July 18 Tuesday, July 19 Wednesday, July 20 Thursday, July 21 FYiday, July 22 SaNrday, July 23 SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW HANSEATIC INSPIRATIO SEW RADIANCE OF THE SEA 05:00 21:00 0600 17:00 0600 18:00 05:00 20:00 SEW SILVER SHADOW 0700 -1900 Sunday, July 24 Monday, July 25 Tuesday, July 26 Wednesday, July 27 Thursday, July 28 FYiday, July 29 SaNrday, July 30 SEW SILVER MUSE SEW MILLENNrUM 0700-1900 05:00-20:00 Sunday, July 31 Monday, August 1 Tuesday, August 2 Wednesday, August 3 Thursday, August 4 FYiday, August 5 SaNrday, August 6 SEW VIKING ORION SEW VIKING ORION SEW VIKING ORION SEW SEVEN SEAS MARINER SEW SILVER SHADOW SEW RADIANCE OF THE SEA 08:00- - -1700 0600-17:00 0700-1900 05:00-20:00 SEW NORWEGIANJEWEL SEW ROALD AMUNDSEN 05:00-21:00 08:00-11:00 Sunday, August 7 Monday, August 8 Tuesday, August 9 Wednesday, August 10 Thursday, August 11 FYiday, August 12 SaNrday, August 13 SEW STAR BREEZE SEW SILVER MUSE SEW MILLENNrUM 07:00 18:00 0700 1900 05:00 20:00 Sunday, August 14 Monday, August 15 Tuesday, August 16 Wednesday, August 17 Thursday, August 18 FYiday, August 19 SaNrday, August 20 SEW ROALD AMUNDSEN SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW SILVER SHADOW SEW RADIANCE OF THE SEA SEW HANSEATIC INSPIRATIO 1700 1900 05:00 21:00 0600 17:00 0700 1900 05:00 20:00 0600 18:00 SEW VIKING ORION 08:00 - Sunday, August 21 Monday, August 22 Tuesday, August 23 Wednesday, August 24 Thursday, August 25 FYiday, August 26 SaNrday, August 27 SEW VIKING ORION SEW VIKING ORION SEW SILVER MUSE SEW MILLENNrUM - -17:00 0700-1900 05:00-20:00 Sunday, August 28 Monday, August 29 Tuesday, August 30 Wednesday, August 31 Thursday, September 1 FYiday, September 2 SaNrday, September 3 SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW SILVER SHADOW SEW RADIANCE OF THE SEA 05:00-2100 0600-17:00 0700-1900 05:00-20:00 SEW STAR BREEZE 0700 -17:00 Sunday, September 4 Monday, September 5 Tuesday, September 6 Wednesday, September 7 Thursday, September 8 FYiday, September 9 SaNrday, September 10 SEW SILVER MUSE SEW MILLENNrUM SEW VIKING ORION 0700-1900 05:00-20:00 - SEW VIKING ORION 08:00 - Sunday, September 11 Monday, September 12 Tuesday, September 13 Wednesday, September 14 Thursday, September 15 FYiday, September 16 SaNrday, September 17 SEW VIKING ORION SEW NORWEGIANJEWEL SEW SEVEN SEAS MARINER SEW RADIANCE OF THE SEA 1700 05:00 2100 0600 17:00 05:00 20:00 SEW SCENIC ECLIPSE 08:00 -13:00 Sunday, September 18 Monday, September 19 Tuesday, September 20 Wednesday, September 21 Thursday, September 22 FYiday, September 23 SaNrday, September 24 10 19 Monday, September 06, 2021 Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Page 3 of 177 Sunday, September 25 Monday, September 26 Tuesday, September 27 Wednesday, September 28 Thursday, September 29 FYiday, September 30 SaNrday, October 1 SEW NORWEGIANJEWEL SEW VIKING ORION 05:00-21:00 08:00-18:00 Sunday, October 2 Monday, October 3 Tuesday, October 4 Wednesday, October 5 Thursday, October 6 FYiday, October 7 SaNrday, October 8 Sunday, October 9 Monday, October 10 Tuesday, October 11 Wednesday, October 12 Thursday, October 13 FYiday, October 14 SaNrday, October 15 Sunday, October 16 Monday, October 17 Tuesday, October 18 Wednesday, October 19 Thursday, October 20 FYiday, October 21 SaNrday, October 22 SEW NORWEGIAN SUN 0700-1700 10:19 Monday, September 06, 2021 Cruise Line Agencies of Alaska, Cruise Ship Calendar for 2022 Page 4 of 178 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2018-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONTRACTING WITH SEWARD CITY TOURS FOR OPERATION OF THE SEASONAL SEWARD SHUTTLE BUS SERVICE, IN AN AMOUNT NOT TO EXCEED $362,411, AND APPROPRIATING FUNDS WHEREAS, in 2010 Seward began providing a shuttle bus service between the cruise ship terminal, the harbor and historical downtown Seward; and, WHEREAS, the service has proved beneficial to the economic well-being of our community and is valued by the cruise ship industry; and, WHEREAS, Seward intends to provide the same level of service in 2018 and 2019; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on March 28, 2018 to include all the cost associated with providing the services; and WHEREAS, Seward City Tours was the successful proposer; and WHEREAS, the shuttle bus has been funded from Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax") and this is an appropriate use of the funds; and WHEREAS, these services will facilitate the flow of visitors around the City of Seward during summer months to maximize the Seward experience and provide a means to assist cruise passengers transport their luggage between the Dale Lindsey Cruise Ship Terminal and the Alaska Railroad Depot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract between Seward City Tours and the City of Seward in substantial form as attached hereto, with 2018 and 2019 operations not to exceed $362,411. Section 2. The Seward City Council hereby appropriates the amount of $362,411 from the commercial passenger vessel proceeds account no. 11113-0000-3071-30051 to the Bus Transportation contracted services account no. 30051-0000-7009. Section 3. This resolution shall take effect immediately upon adoption. 179 CITY OF SEWARD, ALASKA RESOLUTION 2018-042 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23`d day of April, 2018. THE CITY OF SEWARD, ALASKA ",- �' z - '\�;\&/ --) David Squires, Mayor AYES: Casagranda, Keil, McClure, Slater, Horn, Towsley, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk �ir;rr[ueaese ° (City Seal) ® °. i • y OF a s S�[sIf[[[ra arb". 180 Council Agenda Statement Meeting Date: April 23, 2018 Through: Jim Hunt, City Manager From: Ron Long, Assistant City Manager Agenda Item: Shuttle bus service contract with Seward City "I'ours BACKGROUND & JUSTIFICATION: The City of Seward has contracted out for the operation of a shuttle bus service since 2010. The service benefits pedestrians in Seward including ship passengers and crew and is funded utilizing Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax"). In accordance with Seward City Code and as reported to council, a Request for Proposals was prepared to issue the contract for the summers of 2018 and 2019. The request solicited qualified firms to provide transportation services to cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district, and the Seward Boat Harbor from May 17, 2018 through September 26, 2018, and then approximately equivalent dates in 2019. The RFP required no addenda. There were a total of five plan holders for the RFP. Two proposals were submitted by the deadline and two were judged to be responsive and reviewed by the selection team using the criteria reported to Council. Seward City Tours obtained the highest points and is the selection team°s recommendation as the transportation services firm. A draft contract is attached. Services for the shuttle are scheduled to begin May 17, 2018. INTENT: Approve a contract for shuttle bus services with Seward City Tours. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Economic Development 1 and Transportation: Improve public transportation between downtown X and the harbor Strategic Plan (document source here): Foster a community with diverse ' 2 transportation facilities including road, rail, air, pedestrian and water X routes that meet the needs of residents, businesses and visitors. 3 Other (list): X FISCAL NOTE: The total of funding required for the shuttle program, $362,411 will be appropriated from the Commercial Passenger Vessel funds to the Bus Transportation Fund. Approved by Finance Department: .�, , L; `1 ATTORNEY REVIEW: Yes X_ No The City Attorney reviewed and provided comments for the draft contract that is attached. RECOMMENDATION: City Council approve Resolution 2018- (authorizing the City Manager to enter into a contract with Seward City Tours and appropriate $362.41 1 of cruise ship head talc funds for the 2018-2019 shuttle bus service contract. `By, IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward Seward City ToLArs, By: Jim Hunt By: a /,,� onahS' Yderski Title: Mana City ger Owner Date : Dbte- �z // /(6, Brenda Ballou, MMC City C9erk (&ty Sea ) Pat, ge 9 of'9' 183 0 Main Office (907) 224-4050 CITY OF SEW,RD ["0, BOX 167 SEWARD, AI.A,�,,-,KA 99664-011 ffz�• Seward City Tours PO Box 2031 Seward, AK 99664-2031 RE: Seasonal Transportation Services and Related Services NOTICE OF INTENT TO AWARD Dear Mr. Swiderski, 0 Police (907) 2243338 0 Harbor (907) 224-3138 0 Fire (907) 224-3445 0 CRy CWk (907) 224-4046 0 Engineering (907) 224-4049 0 Utflities (907) 224-4050 0 Fax (907) 224-4038 The City of Seward intends to award the Seasonal Transportation Services and related services Contract for shuttle services to your company Seward City Tours as the lowest qualified responsive and responsible proposer for this project. I have included the City's proposed contract with this letter for your convenience. The award of the contract is contingent upon City Council approval which is scheduled to take place on April 23, 2018. We will be contacting you soon to begin discussing the proposed contract and further details. If you have questions, please don't hesitate to contact Jackie Wilde at 907-224-4048 or through email to �,,Jk Sincerely, Ron Long, Assistant City 11,!lanager 184 2(1),3� I%Iaska 99664 5773 � sc ve/ a,i ini a' i n yw u III "j fl, ('o n�a IM Seward Cit r ours, LL,C. would like to than the City of Seward for the opportunity to bid the 2018-2019 Seasonal Transportation SexicesContract. After reviewing the bid documents, Seward0ty'ours has a firm understanding of the scope of work involved with providing same., efficient, and enjoyable shuttle transportation services for the 2018 and 2019 tourist and cruise ship seasons. The owner is a resident of Seward since he was a child and has seen first hand how important this service is to our visitors and to our loc,al businesses who rely on the increased foot traffic created by the shuttle service in both the harbor and down town business centers. As a resident and the owner of SewardCityFours, fie has witnessed the difficulties previous operators have experienced when dealing with the dynamic hour-td-bour ridership derriand on cruise ship days. These past experiences, allowed the owner to approach this contract with first hand insight as an operator and as, a Seward resident., Whil;e the contract can be simplified to providing seats, to move people from point A to point B, the reality is this servi I ce provides a crucial initial experience for those visiting Seward, Alaska. SewardCityTours airns to exceed transportation needs of our visitors, by ensuring their first impression: is a positive experience by providing safe, clearx auid comfixrtable transportation services. The term letterhead"i is, often used to refer to the whole sheet imprinted with such a heading. Many companies and individuals prefer to create a letterhead template in a word processor or other software application. This generally includes the same information as pre-printed stationery but without the additional costs involved. Sincerely, Jonah Swiderski Owner and Operator P08()X 20131 Sc�vai-cl, 9966-1 907-21"11 ,'5771)'1 All vehicles, used to meet service requirements for the Seasonal Transportation Services Contract will be 2011 models or newer. No vehicle will have an odometer that reads more then 200,000 miles. All vehicles will meet Department of Transportation and Federal Motor Carrier Safety Administration requirements,. '17he base transportation route on non -cruise ship days (10arn-7pm, seven days, a week) requires a single vehicle to be in operation running approximately every half-hour. Scwand City,Tours intends to utilize a vehicle sirriflar to the following� see attachment 41 The base transportation route on cruiseship days (8am-7pm) requires a second vehicle to be in operation.. Additionally, a third vehicle is required to provide service to the supplemental transportation route between the Dale I.indsay Terminal and Alaska Railroad Depot at specific times. Sewand City'Tours intends to utilize vehicles similar to the following to provide the necessary additional capacity: see attachment #2 Vehicles provided by SewardCityTours are vehicles designed for tours and site seeing. This sets them apart frorn other transportation companies used in the past. These unotor coaches have large viewing windows with climate controlled interior, and drivers with intercom audio equipment to clearly cortununicate with visitors. Guests, will enjoy not only a safe but comfortable ride in a well- equipped vehicle. Seward,CityTours is committed to providing a quality experience that has not been matched in the past. In return the first impression of all visitors using this service will reflect the high standards, of the community. Transmission. Automatic Odometer: 100 25 Passengers, Forward Configuration: Facing, plus driver, Rear Luggage, 2 Tiedowns, Location: None Price: $41M Options/Specification: Electric Entrance Door AM/FM/CD Player 92k BTU X-C System with 2 Compressors 65k BTU Heat System Midback Rigid Seats (3) Foldaway Double Seats Oxen Gray Vinyl Seat Fabric Ricon Front Wheel Chair Lift Kinedyne Tie -Downs (2) Storage Box For Tie -Downs "PA System w/ Extra `M.ic Behind. Driver Back Up Alarm Key Switch Entry Grab Rails on Ceiling Soft Touch Interior Dropped Rear Luggage Compartment Seatbelts Armrests on Aisle Seats Anthracite Gerflor Flooring Safety Package (Fire Extinguisher, First Aide Kit and Stainless Steel'Wheel Covers Hydraulic Brakes New Bus w/ Full Warranties Canada Admissible, Nations Bus Sales - CA 10219 S. Hawthorne Blvd, Inglewood, CA 90304(310) 216-,6350 Nations Bus Sales - FL 555 Outlet Mall Blvd. St. Augustine, F1 32084(904) 347-2296 L; 0 speed Automatic Ovemrive EleGffic Entrance Door A.N41FN1/CD Player DVD Player w/ 19' Monitor Highback Reclining Seats, Level 5 Fabric - Streamers Blue Annrests, Retractable Seathelts Walls and Ceiling Lined in Gray Carpet WOK BTU A/C System Flooring - Gray RCA Rubber w/ Fabbed Aisle Back Up Alarm PA System Driver and Passenger Side Running Board Remote Heated Sideview Mirrors Roof Escape H,atch 76' Interior Height 225 Amp Alternator Power Door Locks Hydraulic Brakes Wheel Covers Base Paint - Black 188 o 0 1/-11�1 I 231-"�777,3 � sclvardcio Y FSTROMMMIUMM SewardCityTours (:SC'F) was founded in 2017 when it was clear that there was a need in Seward for additional transportation services., The idea was not only to provide a service but also surpass custorner expectations. SewardCity'Tours is not simply a transportation or shuttle, company. In it's, conception STC offered historical city tours as well as a comprehensive orientation of Seward itself. The business model emphasizes that customer service is a part of a complete experience. Guest satisfaction begins with the firstgrecting of each guest, to a clean climate controlled vehicle with comfortable seats; and a driver/guide that is both knowledgeable and friendly. SewardCityTours intends on extending these guidelines to the Seasonal Transportation Services Contract. Each person that uses the free shuttle is a potential ambassador of Seward, when they return home they share their stories and experiences. Their friends and family will travel to Seward and past visitors will return which will only flourish our already thriving community. The owners Jonah Swiderski and Yen Ly have a combined 20 years of experience between them in tourism, many of those years based right here, in Alaska. STCs cruise ship terminal staff will be undergo crowd control training and be clear communicators. Their knowledge of the, transportation system and key points of interest in Seward will surpass what guests have come to expect. Driver/Guides will assist guests withloading and unloadinglug,galie aswellas, provide accurate infon-nation on Alaska Railroad schedules and policies regarding luggage storage. STC drivers will have customer service training and have extensive knowledge on local attractions and arnenifies. 907-23'1 '5773 Amanda Garcia - Owner of Salmon Berry Tours - 907-278-3572 Rick Ferroni - Port. Engineer - Crowley Marine - 907-831-6108 Liz.Denioss - Owner of Seward Alehouse - 907-491-5035 Upon successful award of the contract Sewand CityTours will ensure the driver/guides have a rninimuni of 2 years of experience in transportation within the tourism industry. SewardCity'roar s will only employs drivers that provide clean driving records that exemplify safety requirements and have undergone appropriate training. Seating Capacity andkDA Accessibility Capacity ADA Compliant Base Route Vehicle 1 25pax, 21pax + 1 wheelchair, YES 17pax + 2, wheelchairs Base Route Vehicle 2 24 pax, NO Supplemental Route 2 4 pax, NO, . . ............. . ...... The three vehicles have the combined capacity to inove 66 passengers at any given time. It is crucial to point out that the type, of veMcle being considered in this proposal is different.frorn what has been used. in the past. The smaller vehicles are equipped to make additional trips in, any given amourit of time as their design is easier for passengers to load luggagcand both embark and disembark the vehicle. Seward CityTo urs, shares the City of Seivard's desire to welcome all individuals and reduce barriers. Thus SewarclCity-Tours, will provide an ADA compliant vehicle operating the base transportation route 7-days a week. This surpasses the bid docurnents requirement for an AD compliant vehicle on cruise ship days (only). 3� rp z Oj aj V, = --i =7 -H O a) =r cn F0, 0 CD C (D O (n LO CD m 3 0 CD (D =r 0- M CD cr (D Ci 0D w (Cp 6 0 99 CL x- cn CD '0c. 3 cn 0 0 RF CD Z7 fJY CD p CD cr cn W CD cn CD CD CD O 0 O O 00 rD N) 0 co 0 0 m CL 0 (D 0) rr CD 3 CD cr (D CD c PQ C) 00 0 M 00 0 x > N) .a C) C/) m! > 0 0 > c X C/) (0 C) Cif 0 q -8 X 0 C� 0 CD (n Z) m CL 0 0 CO M CD 0 0) 0 CD = 0 ri 3 CD rF —L Q U, IN CITY OF SEW RD RECEIPT # 21848 410 ADAMS STREET 3/28/ o 8 PO BOX 167 SEWARD AK 99664 Received phone: (907) 2244060 From Lookup Marne Payment Typ Check # Amoun 11113 CITY CLERK Check 00011011 [due 30.00 Tendered 30.00 Charge Due Descriptign OUSINESS LICENSE - SEWARD CM TOURS, LLC. Business License 30.00 IMA iqiiiii�� 144 North Binklev Street Soldotna, Alaska 99669-7599 "I'611-free witi-iiii the Borotigh: (800) 478-4-4-41 @ Phoiic- (907) 262-4441 ",o Fmzil. -_a1est1,%C borou &ken�l.ak.�.t Mike'Navurre' Sales- Tax Accouk # 00203193 Borough Mayor Sales Tax Introduction Letter and Certificate of Registration ApN 13, 2017 ESEW'AROCITYTOURS LLC PO, BOX 2031 SEWARD AK 99664-2031 Dear Business Owner Attached is your now certiftate of, klftrfty Ito CoflectSaikes T. Netpraceeds of the borough -wide sales tax of 3% jS dedicated to our Borough school$rl in addition, sales, tax is colt6cted for, and turned over to the cities. The schools and cities must have this sales tax money to operate', therefore, enforcement of the sales tax ordinance is strictly maintained, , , We encourage you to promptly file your sales tax returns and remit the taxes collected each re orting period, IBy U reporting prom fly, YOmay receive a 5% credit t,,ip to $1,000 per quarter Yct.,l,Nilf berequireTto file on a QUA RTERL: Easi.S. Please note trial a returri MV_S_T be fited by you for EVERT reporting period, even if there were no sales (Check the box, "RErURN HAS 0 SALES') , The Sales Ta-xDhdsjon will ". mail you return at the end of each reporting period, ±uRivr-,L : N17LO�LUI�QFI�ICEBY You will be subject to a non -filing fee of $25 for each return not filed; If'two (2) consecutive returns are missed a reinstatement fee of $100 will be assessed, in addition: to any, penalty or interest for late filing and remittance,. The Sales Tax staff in the Finance Department will be glad to answer your questions or assist you in any way they can regarding your sales tax account. You may, contact tfic Safes Tax 010slorat (907),714-2175, or toll, free within the Borough at 11-800-478-444,1 ext, 2175. ,Apv 132017 IMAM cwtl=o — — — — — — — — — — — — — — — — — — — — — — -- --— A �ISw.NNULBOROUGH CERTIFICATEOF AUrH0rRrr'y COL.'LECYBOROUGH SALES TAX is aualorizAA.and cmpewwczcd by the Mayor ,ofthe Kenai Pcnnsuia Donuagh WcON'x't rurthc Bolough salel T"Ay� On rk"viil S,,4vs, Ron(sand Serviccs imposcd pursuant'k) Ordinance No 3. I K (it: the Keftaii Peninsula Borough. 'rhis certificate is noti-assignable and non -transferable and must be surrendered to the Mayor by the seller to whom it w4s issued upon his ceming to do business at the location nawd herein, or any chango in owtiersbip, tbrin able or an�y other change. ACCOUNT NUMBER 00203193 DATE OF SEWARDUTYTOURS LLC REGISTRATION April 1, 2017 PO BOX,203'1 SE", ARD AK 99664-2031 THIS CERTIFICATE VUST BE DISPLAYED PROMINENTLY AT THE PLACV OF BUSINESS, MAYOR POP)OX 2031 Alisk,,'i 91,')G64 907-2�31-,5)773 � �A" g n � "�4 i �' - L Jonah Swiderski., certify that. I am the Sole Mernber of SewardCityTours, a Limited Liability Company ("LLC") organized under the laws of. l'aska, Ta identification Number 82-1057577, and that the resolutions on this document are true and correct y of resolutions adopted at a niecting of the Sole Member of the L.LC held on January 1, 2018. BE ITRESOLVED THAT, said LLC desires that the undersigned Sole Member o�f the LLC is authorized (1) Eritcr into a contract for the purposes providing transportation services to the City of Seward. (2) Endorse any legal documents, pertaining to ScwardCityTours, LLCM. BE ITRESOLVED'nwr, the undersigned Sole Member of the LLC is authorized to exercise the powers listed above regarding legal and contractual services on the behalf of the LLC. BE IT RESOLVED THAT, the undersigned Sole Member of the LI.0 hereby certi ies that lie is the only individual with significant responsibility for manaLqntr the LLC and he has BE lT RESOLVED THKr, tbis resolution shallcontinue to have effect until City of Seward..Any revocation, modification or replacement of a resolution must be accompanied by, documentation satisfactory to the City of Seward, -,stablishing the authority for the change. I n: BE i'r RESOLVED THAT, should the LLC change entity form or ownership, the undersigned shall pro fir y notify the City of Sewardin writing. Signature: Dated: NON -COLLUSION AFFIDAVIT Ihe ulnd,neJ, I), , I r o3. !�enn l�I I­xornt,t? I, I,5�t t"� 4,-t I," ,i has any other member. representative. or agent of the firm. company. corporation or partnership represented by him, entered into any combination.. collusion or acyreement with any person relative to the price to be bld b,,,, an-,vone at such letting nor to pivvent any -ioai ac�_� Wit" anv a,ther 'ff! tO SU(J-1 H,&�S`Dc :h,,v., 01, PVT recei�e directly or indirectly, any rebate. fee Lift. Commission or thine of value can account of such sale. TP AFFJ:;.°F1 I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND JNFORMATION CONTAJNED IN'THE, FOREGOING BID FOR, PyJ9,LIC Dated this 28 day of —March —.2018 Ln at ure- ACKNOWLEDGEMENT ,j "` J m -,�d'am-' SMiki,flk6,ICS co" -it Ai--i 61L� tiiv �i-uc Z"ld L'OeTk�cc, j 2018 N'oa,arw Public S i,�n tu re r, 71 C 195 Irk BOX 20,,',.H 99664, g I R'treet Addr—ess. Seward, AK 99664 Mailing Address. PO BOX 2031 Seward, AK 99664 The above Proposal Price includes the foHowinr. -AD services descyibed in bid Packet based On Provided cruise s p e ul I se sliiPschedule has additional hours are required, or cruL hi sch d ie. f additional charges unexpected changes, win bleincurred at a rate of $75/hr or $825/day. -Payment terms.- 25% of total PrOPOsal Price ($90,603') due three business days after the execution Of contract with City, The reynaining balance billed in 8 monthly installments ( ($271,808) to be $33,9761month) during operating months beginningJune-2018 through Sept-2018 and June-2019 through Sept-2019. Company Name Title Printed Name Date 77 0 Professional Services Agreement with First Student, Inc for Seasonal Transportation Services and Related Services This AGREEMENT, made and entered into this 23rd day of April, 2018 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Seward City Tours, LLC authorized to do business in Alaska, with offices located at PO Box 2031, Seward, AK 99664, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide transportation services for cruise ship passengers and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the downtown business district and the Seward small boat harbor in Seward, Alaska; and WHEREAS, in response to a request for proposals, Seward City Tours, LLC submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit B — City's request for proposals dated March 28, 2018, (collectively, "UP"). 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Assistant City Manager, Ron Long, and include any successor or authorized representative. 1.5 "Project" shall mean the transportation and other tasks related to the transportation of cruise ship passengers, crew and other visitors, between the Seward Cruise Ship Port, the Alaska Railroad Seward Depot, the Page 1 of 9 197 downtown business district and the Seward small boat harbor in Seward, Alaska as further described in the RFP issued by the City of Seward on March 28, 2018. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. 2018 Seasonal Transportation Services $ 226,507 2019 Seasonal Transportation Services $ 135,904 Fees to be paid pursuant to schedule in Contractors' accepted price proposal, said fees will be paid 30 days after approval of contract. 4.0 SCOPE OF SERVICES, The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated March 28, 2018, to provide professional services based on approved standards and instructions as specifically described in the same RFP. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all services described herein shall be as follows: Beginning approximately May 17, 2018 and running the entire 2018 and 2019 tourist season, concluding at the end of the tourist season 2019 cruise ship schedule, or other date agreed to by both parties pursuant to section 26.2 of this agreement. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Seward City Tours, LLC Jonah Swiderski. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. Page 2 of 9 198 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the services by May 17, 2018, Contractor shall pay as liquidated damages and not as penalty $ 500 per day for each day after May 17, 2018 the services are not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Contractor shall have a Seward and State of Alaska Business License. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, is extended to the Contractor. The Contractor shall at all times maintain adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general commercial liability, automobile liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on Page 3 of 9 199 any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is named as an additional insured for all liability coverages, b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies, c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials, d. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts for each type of insurance shall be no less than the following: a. Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 5 Million per occurrence and $ 5 Million aggregate combined single limit, personal injury, bodily injury and property damage, b. Motor Vehicle Liability Insurance for all owned, hired and non -owned vehicles, including no-fault coverage with limits of liability not less than $5,000,000 per occurrence combined with single limit Bodily Injury and Property Damage, c. Workers Compensation as required by Alaska law, AS 23.30.045 and regulations adopted thereunder. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. The minimum amount and types of insurance provided by the contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. Page 4 of 9 200 The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. Page 5 of 9 201 However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent Page 6 of 9 202 contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work, or the schedule for completion. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise Page 7 of 9 203 affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS, 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward City Manager PO Box 167 Seward, Alaska 99664-0167 Seward City Tours, LLC Jonah Swiderski PO Box 2031 Seward, Alaska 99664-2031 Page 8 of 9 204 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward Seward City Tours, LLC By: Jim Hunt By: Jonah Swiderski Title: City Manager Title: Owner Date: Date: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) Page 9 of 9 205 Resolution 2022-011 Documents: • Agenda Statement • Resolution 2022-011 PON City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-011: Authorizing Signatures for all City Bank Accounts and Rescinding All Previous Resolution in Conflict Herewith Background and justification: The Seward City Council is required to pass a resolution listing the individuals authorized to invest monies and/or sign banking documents on behalf of the City of Seward. The appointment of the new Acting Deputy Finance Director provides the need to update this authorization. This action forms the basis upon which signature cards will be updated at the local banking institutions, and checks and City payments and investments will be authorized on behalf of the City. While each individual listed on the resolution is authorized to act on behalf of the City, the City's practice is to have two separate individuals authorize every investment, approve all City payments, and authorize all electronic banking transactions. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Seward City Code 5.15 Investment & Collateralization of Public Funds Certification of Funds Total amount of funds listed in this legislation: $ 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 Finance Signature: Attorney Review-' Administration Recommendation HXYes X Adopt Resolution Not applicable Other: WIN Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-011 A Resolution of the City Council of the City of Seward, Alaska, Authorizing Signatures for all City Bank Accounts and Rescinding all Previous Resolutions in Conflict Herewith BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Any two of the following signatures shall appear on all checks, drafts, notes, or orders drawn against the City of Seward bank accounts maintained at the Seward Branch of Wells Fargo or the Seward Branch of the First National Bank of Anchorage: Janette Bower, City Manager Stephen Sowell, Acting City Manager Sully Jusino, Acting Deputy Finance Director Brenda Ballou, City Clerk Section 2. Any one of the above persons shall have access to and full power to remove the contents of and to exchange or surrender the safe deposit boxes rented by the City of Seward located at the Seward Branch of Wells Fargo under the terms of the City of Seward's banking services agreement with Wells Fargo. Section 3. Any one of the above persons shall have authority to invest City monies with financial institutions as prescribed by the Seward City Code Chapter 5.15, Investment and Collateralization of Public Funds. Section 4. All previously approved resolutions in conflict herewith are hereby rescinded. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 20 day of January 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 208 Resolution 2022-012 Documents: • Agenda Statement • Resolution 2022-012 • Attachments: o 2022 General Services Operating Budget POOR City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-012: Authorizing Payment to the Seward Senior Center in the Amount of $80,000 Background and justification: The City of Seward has supported the Seward Senior Center throughout the life of the organization and does so through early contribution. On January 6, 2022, the Finance Director received a request from The Seward Senior Center for the budgeted contribution. The Seward Senior Center plays a vital role in the City of Seward. Serving citizens over the age of 60 and providing them with food, important programs, and variety of crucial services. The Seward Senior Center relies on the City contribution funds to help accomplish their goals in maximizing their efforts in aiding our senior community. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.6 Health Care — Continue to support the Seward Senior Center 2.2.4 Community Partnerships Strategic Plan: Recreation and Leisure Maintain and Enhance Medical and Social Services Develop an active marketing campaign Other: Certification of Funds Total amount of funds listed in this legislation: $ 80,000 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 Not applicable 01000-1180-7802 Finance Signature: i Attorney Review✓ Administration Recommendation RXYes X Adopt Resolution Not applicable Other: Pitt, Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-012 A Resolution of the City Council of the City of Seward, Alaska, Authorizing Payment to The Seward Senior Center in the Amount of $80,000 WHEREAS, the City of Seward has supported the Seward Senior Center (SSC) throughout the life of the organization: and WHEREAS, the SSC provides the seniors over the age of 60 offering essential and unduplicated services; and WHEREAS, the SSC use supporting funds from the City to provide resources for our Seward seniors including healthy meals, important programs, and a variety of crucial services; and WHEREAS, Seward City Council approved the 2022 budget that includes $80,000 contribution to the SSC: and WHEREAS, on January 6, 2022 the City received the 2022 request from the SSC for the budgeted Contribution. 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 pay the Seward Senior Center $80,000. Section 2. Funds for this contribution are contained within the 2022 budget, so no additional appropriation is required. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this THE CITY OF SEWARD, ALASKA Christy Terry, Mayor pas Revenues: Operating Revenues: Total Operating Revenue: Non -Operating Revenues: Total Non -Operating Revenue Expenditures Personnel Costs: 6100 Medicare 6101 Unemployment Insurance 6209 PERS DC Forfeitures Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7003 Bank and Credit Card Fees 7004 Insurance 7006 Legal 7008 CY Legal Recovery 7009 Contracted Services 7010 Engineering 7011 Testing 7012 Other Special Services 7016 Heating Fuel 7215 Operating Supplies 7216 Maintenance & Repair 7300 Advertising 7301 Subscriptions & Dues 7302 Travel & Subsistence 7304 Equipment Rent 7801 Contributions to Chamber 7802 Contributions to Senior Citizens 7803 Contributions to B&G Club 7808 Bad Debt Expense 7810 Miscellaneous Expense 7813 Contributions to Small Business Position 8103 Capital Equipment Total Non -Personnel Costs: Total Expenditures City of Seward General Fund General Services 2022 Operating Budget Expenditure by Department 2016 2017 2018 2019 2020 2021 2022 Actual Actual Actual Actual Actual Budget Budget $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 0 0 (33) 0 0 0 0 0 0 0 0 (5,195) 10,000 0 0 0 0 (24,737) 0 0 0 $ 0 $ 0 $ (33) $ (24,737) $ (5,195) $ 10,000 $ 0 2,812 2,925 3,734 1,956 3,985 2,000 5,100 2,557 4,379 1,776 3,535 6,037 4,800 7,250 3,335 3,094 3,148 6,687 6,564 25,000 8,075 2,188 1,936 450 8,358 475 1,500 13,675 64,888 84,444 250,089 195,116 122,077 80,000 66,000 0 0 (882) 0 (40,000) 0 0 14,223 7,559 13,345 43,220 30,090 15,000 51,075 0 0 0 25,218 603 25,000 35,000 0 357 0 0 0 0 600 630 906 0 0 505 0 500 0 0 0 (38) 0 0 0 7,059 4,488 4,426 4,366 515 4,700 5,250 1,352 180 (253) 4,306 248 2,000 1,125 449 362 117 1,372 (244) 0 500 2,726 607 336 0 0 1,200 700 1,641 1,810 3,086 3,069 0 0 0 5,036 5,036 3,763 66 214 7,000 2,400 210,991 229,302 252,923 260,454 278,032 278,032 108,717 75,000 75,000 75,000 82,900 80,000 80,000 80,000 25,000 25,000 25,000 25,000 25,000 25,000 0 1,062 98 0 0 0 0 0 61,838 5,059 3,135 844 10,556 10,000 500 0 0 0 0 0 0 25,000 2,568 0 19,912 0 4,498 0 0 $ 485,355 $ 452,542 $ 659,105 $ 666,429 $ 529,155 $ 561,232 $ 411,467 212 Page 31 of 107 Resolution 2022-013 Documents: • Agenda Statement • Resolution 2022-013 • Alaska Railroad Corporation Resolution f►AR City Council Agenda Statement Meeting Date: January 24, 2022 To: City Council Through: Janette Bower, City Manager Agenda Item: Resolution 2022-013: Supporting the Alaska Railroad Corporation's Efforts to Secure Funding for the Seward Passenger Dock Project Background and justification: The Alaska Railroad Corporation (ARRC) owns and operates the passenger dock and passenger terminal in Seward. Both facilities were constructed in 1966 and serve cruise ships, passenger, and freight vessels. The existing passenger dock is nearing the end of its useful life. ARRC has determined dock maintenance is prohibitively expensive, and in order to continue serving cruise ships and other vessels in a safe manner, it is necessary to replace and expand the dock. ARRC states that replacement of the existing passenger dock and existing passenger terminal with a new dock and terminal facilities capable of serving cruise ships; including newer, larger ships, and other vessels is critical to the ongoing viability of passenger operations at ARRC's Seward port. The replacement is critical to the City of Seward and the community as well because closure of the facility would eliminate cruise ship tourism and other related economic opportunities. ARRC desires to construct, maintain, and operate a new passenger terminal facility and to finance all or a portion of the project through the issuance of bonds. ARRC estimates the project cost to be $60,000,000. ARRC is required to obtain authorization from the Alaska Legislature to issue the bonds in connection with the project. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1.2 Plan for adequate port infrastructure that will serve the needs of users in the main industrial/Alaska Railroad area and at SMIC 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 (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Finance Signature: �' a 01El! Attorney Review✓ I I Administration Recommendation RYes Not applicable e✓ Adopt Resolution Other: PAP Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-013 A Resolution of the City Council of the City of Seward, Alaska, Supporting the Alaska Railroad Corporation's Efforts to Secure Funding for the Seward Passenger Dock Project WHEREAS, the Alaska Railroad Corporation (ARRC) owns and operates the passenger dock and passenger terminal in Seward; and WHEREAS, both facilities were constructed in 1966 and serves cruise ships and other passenger and freight vessels; and WHEREAS, the existing passenger dock is nearing the end of its useful life; and WHEREAS, ARRC has determined dock maintenance is prohibitive and in order to continue serving cruise ships and other vessels in a safe manner, it is necessary to replace the dock; and WHEREAS, ARRC states that replacement of the existing passenger dock and existing passenger terminal with a new dock and terminal facilities capable of serving cruise ships, including new, larger ships, and other vessels is critical to the ongoing viability of passenger operations at ARRC's Seward Port; and WHEREAS, Replacement of the passenger dock and passenger terminal is crucial to the City of Seward because closure of the facility would eliminate cruise ship tourism and other related economic opportunities; and WHEREAS, ARRC desires to construct, maintain, and operate a new passenger terminal facility and to finance all or a portion of the $60,000,000 project cost through the issuance of bonds; and WHEREAS, ARRC is required to obtain authorization from the Alaska Legislature to issue the bonds in connection with the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council supports ARRC's efforts to secure funding for the Seward Passenger Dock Project. Section 2. This resolution shall take effect upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of January, 2022. 041.1 Adopted: January 13, 2022 Resolution No. 2022-01 Relating to an Authorization for the Corporation to Take Necessary and Appropriate Steps to Prepare for the Issuance of Bonds to Finance all or a portion of the Seward Passenger Dock Project WHEREAS, the Alaska Railroad Corporation ("ARRU) is a public corporation and instrumentality of the State of Alaska ("State"), organized and established pursuant to the Alaska Railroad Corporation Act, AS 42.40 (the "Act"), whose mission includes providing transportation for freight and passengers, operating critical industrial port facilities in Alaska, and promoting the long-term economic growth of the State; and WHEREAS, ARRC owns and operates a passenger dock in Seward, Alaska ("Existing Passenger Dock") and an associated intermodal terminal facility (the "Existing Passenger Terminal"), both constructed in 1966, which together serve cruise ships and other passenger and freight vessels as part of an ARRC owned and operated multi -dock port facility; and WHEREAS, the Existing Passenger Dock is nearing the end of its useful life and the cost of maintaining it in a usable state has become prohibitive, necessitating its replacement in the near future in order to continue to serve cruise ships and other vessels, as well as passengers and crew, in a safe manner; and WHEREAS, closure of the Existing Passenger Dock or curtailment of its use by cruise ships and other vessels would result in a loss of valuable and significant components of both ARRC's revenues and the transportation infrastructure in Southcentral Alaska and associated commercial activities, including but not limited to the flow of cruise ship passengers into and out of Alaska and the resulting loss of ARRC passenger ridership to and from its Seward railyard, visitor traffic and associated economic benefits to Seward and the rest of the Kenai Peninsula; and WHEREAS, ARRC has determined that the replacement of the Existing Passenger Dock and Existing Passenger Terminal with new dock and terminal facilities capable of safely serving cruise ships, including new, larger ships, and other vessels (collectively, the "New Passenger Terminal Facility") is critical to the ongoing viability of passenger operations at ARRC's Seward port; and WHEREAS, ARRC desires to construct, maintain and operate the New Passenger Terminal Facility and to finance all or a portion thereof through the issuance of its bonds (the "Project"); and PAIN WHEREAS, the Project furthers the purposes of both the State and ARRC by preserving and upgrading a component of critical port infrastructure in Southcentral Alaska, thus preserving and enhancing port and rail revenues for ARRC and protecting and improving critical port infrastructure that will benefit the State and its citizens through maintaining and growing associated commercial activity in Seward, the Kenai Peninsula and throughout the State, and providing a potential back-up port in the event other port facilities should be damaged by natural disasters; and WHEREAS, ARRC desires to issue one or more series of bonds or notes in an aggregate principal amount not to exceed $60,000,000 (collectively, the "Bonds"), in order to finance all or a portion of the Project; and WHEREAS, ARRC desires to authorize its Chief Executive Officer, Chief Financial Officer, Chief Counsel, Bond Counsel, Financial Advisors, Architects, Engineers and any other officer or official of the ARRC (collectively, the "Authorized Persons") to take certain preliminary actions with respect to the Project and the issuance of the Bonds; and WHEREAS, in accordance with Subsection 42.40.285(2) of the Act, ARRC desires to request approval and authority from the legislature of the State for ARRC to issue the Bonds in connection with the Project; and WHEREAS, ARRC intends to be reimbursed (i) for expenditures for the Project paid not more than 60 days prior to the date of this Resolution, (ii) for expenditures pertaining to costs of issuance, (iii) for expenditures that do not exceed the lesser of $100,000 or 5% of the portion of the proceeds of the issue used to finance the Project, or (iv) for expenditures that do not exceed 20% of the portion of the aggregate issue price of the Bonds used to finance the Project which constitute preliminary expenditures within the meaning of Treas. Reg. § 1.150-2(f)(2) of the Internal Revenue Code of 1986, as amended ("Code"); and WHEREAS, ARRC intends that this Resolution be determined to be, among other things, a declaration of official intent under Treas. Reg. § 1.150-2 promulgated under the Code. NOW, THEREFORE, the ARRC Board of Directors does resolve as follows: Section 1. Authorization to Take Actions in Preparation for the Issuance of the Bonds. ARRC hereby authorizes the Authorized Persons to perform such acts on behalf of ARRC as shall be necessary and appropriate to prepare for the issuance of the Bonds in one or more series in a maximum aggregate principal amount not to exceed $60,000,000, including, but not limited to: (a) requesting approval and authority from the legislature of the State for the issuance of the Bonds; (b) obtaining a ruling or rulings from the IRS with respect to the applicability of certain provisions of the Code to ARRC; (c) selecting one or more investment banking firms to serve as underwriter(s) for the Bonds (such selection to be made in accordance with the rules, regulations and procedures of ARRC); (d) obtaining -2- ARRC Board Resolution No. 2022-01 01&7[ ratings for the Bonds and credit enhancement for the Bonds, if deemed necessary or appropriate; and (e) performing such other tasks and taking such other actions necessary to structure the terms of the Bonds and to prepare documents relating to the authorization, issuance and sale of the Bonds, including appropriate disclosure documents to be used in connection with the offering of the Bonds. Section 2. Declaration of Official Intent. ARRC hereby declares its intent: (a) that the issuance of the Bonds by ARRC be in an amount reasonably expected not to exceed $60,000,000 in aggregate principal amount for the Project; and (b) that ARRC be reimbursed from the proceeds of the Bonds (i) for expenditures paid for the Project not more than 60 days prior to the date of this Resolution; (ii) for expenditures pertaining to costs of issuance; (iii) for expenditures that do not exceed the lesser of $100,000 or 5% of the proceeds of the issue; or (iv) for expenditures that do not exceed 20% of the aggregate issue price of the bonds which constitute preliminary expenditures within the meaning of Treas. Reg. § 1.150-2(f)(2); and (c) that this Resolution be determined to be a declaration of official intent under Treas. Reg. § 1.150-2 promulgated under the Code; and (d) that the reimbursement allocation occur not later than 18 months after the latest of (i) the date on which the earliest expenditure subject to Treas. Reg. § 1.150-2 is paid, (ii) the date on which the property is placed in service or abandoned, but in no event more than three years after the earliest expenditure is paid, or (iii) the date otherwise permitted by the Code or Treasury Regulations promulgated thereunder; and (e) that ARRC is making this Declaration of Official Intent while reserving the right at all times to assert that it is not subject to the provisions of Section 150 of the Code by virtue of Section 1207(a)(6)(A) of the Alaska Railroad Transfer Act and Section 149(c)(2)(C) of the Code. Section 3. Ratification of Prior Actions. All actions heretofore undertaken by the Authorized Persons in connection with the Project and the Bonds are hereby ratified, confirmed and approved. Section 4. Preliminary Resolution. This Resolution is the authorization by ARRC to take the necessary and appropriate steps to prepare for the issuance of the Bonds. Final authorization of the issuance and sale of the Bonds shall be by subsequent resolution or resolutions of ARRC. -3- ARRC Board Resolution No. 2022-01 09K Section 5. Severability. In the event that anyone or more of the provisions contained in this Resolution shall for any reason by held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Resolution, and this Resolution shall be construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein or therein. Section 6. Repealer. All resolutions or parts thereof to the extent inconsistent herewith are hereby repealed, rescinded, canceled and annulled. Section 7. Governing Law. The laws of the State shall govern the construction and interpretation of this Resolution. Section 8. Effective Date. This Resolution shall take effect immediately upon adoption this 13th day of January, 2022. -4- ARRC Board Resolution No. 2022-01 NO, City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page CALL TO ORDER The January 10, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Lieutenant Karl Schaefermeyer 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 — None Absent — None John Osenga Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bob Valdatta said he had a recent fuel delivery that cost a great deal of money; he thought this community would benefit from having natural gas. Natural gas was being trucked out of Nikiski; he thought it could easily be delivered to Seward. Tom Tougas was shocked to hear that Magistrate George Peck had been fired from the state courthouse; he thought Magistrate Peck deserved to have a proclamation or some other recognition to honor his 40+ years of service. He was very disappointed in the way the state had handled things, and that our community would really miss not having Magistrate Peck here. Carol Griswold said she had many concerns about the size of the agenda packet for this meeting; she wondered if anyone, public or council, had a chance to even read through it all the way. She believed that public input should be valued and considered. She was specifically concerned about: the resolution to consider developing the bench across the bay because the proposed appropriation was for over $100,000 to study undevelopable land; the resolution to negotiate for the Gillespie property purchase was premature without additional information like soil studies, flood maps, etc.; and, the resolution to propose selling the Dora Way property was also premature because ►414 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page the new playground at the Jesse Lee Home site was far from ready. Griswold was appalled that the city was willing to destroy the Forest Acres campground to install a subdivision. She believed that the extreme focus on summer tourism had led to an unbalanced economy and winter housing vacancies; many residents had to vacate their winter rentals so that they could be used for nightly lodging. The charm of Seward and its quality of life were being harmed. The omicron variant of COVID-19 was highly transferable, and she encouraged council to reinstate the Zoom meeting options. David Squires supported Resolution 2022-004 for the new fire command vehicles, and he applauded the approach to developing a utility infrastructure expansion plan. Regarding the Gillespie properties, he reminded council that in the late 1980s, that property was a stump dump site and he didn't believe it was suitable for building construction; he suggested a better location would be on the city -owned property in that area. Bruce Jaffa said he appreciated administration requesting an extension on the heat loop project grant. He was very interested in addressing the worker shortage in the community; all sorts of full-time, funded positions were available in Seward that were not being filled, and he wanted to get local businesses together to address the issues. One of the common issues he heard about was a lack of housing availability for workers, but that was not the only concern. Skip Reierson said he had read the packet for tonight's meeting, and he thought the city had an R1 zoning code enforcement problem. He thought the housing definition changes coming tonight were confusing. He believed that homes in R1 zones should be prohibited from renting for less than 30 days, and that short-term lodging businesses should be owner -occupied, not operated by property managers or agents. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Terry removed the October, 2021 City and Providence financials from the agenda. Terry removed the Introduction of Ordinance 2022-002 from the consent agenda. Casagranda removed the Introduction of Ordinance 2022-001 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2022-003, Amending Portions Of Seward City Code 15.10.226 Land Uses Allowed, J Employee Campgrounds. This ordinance was introduced tonight and will come for public hearing and enactment on January 24, 2022. Resolution 2022-002, Adopting An Alternative Allocation Method For The FY2022 Shared QW4 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page 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. 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. Approval of the December 13, 2021 City Council Regular Meeting Minutes. Approval of the NEW liquor license and Restaurant Designation Permit for the Gateway Hotel, License #5983 Beverage Dispensary — Tourism. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Polar Bear Jump Off Festival Proclamation Congratulating the Seward Middle School Girls Basketball Team for winning Borough Championship City Manager Report. City Manager Janette Bower reported the heat loop project had been extended for an additional three months; she would request another extension in three months. She had a meeting today for the jail with the governor's office to bring them up to speed on the concerns; the governor's office had received the information well. DeMoss wondered why the heat loop project was squashed originally. Bower said the cost estimate the city had received was millions more than the city anticipated. In response to DeMoss, Bower thought there would be no problem getting another extension. DeMoss asked for an update on the railroad terminal project. Bower said, after her meeting with the railroad, the railroad had met with another entity to discuss a public -private partnership; ultimately, the railroad had declined to pursue that public -private partnership. Bower said the railroad intended to complete the project using their own funding in the form of bonds; the city would not be funding the project. City Attorney Report. City Attorney Brooks Chandler reported that for December his firm had worked on a variety of departmental issues. He had begun work on what it would take the city to get out of the healthcare business. He had received feedback from the university regarding a lease that he would bring forward in the future. There had been an environmental issue at OBI Seafoods; this may result in a covenant being put on the property in the future, and would potentially impact the city's lease with OBI. 223 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page Casagranda wondered what lease the university had. Harbormaster Norm Regis said the university and shellfish hatchery were considering making some upgrades in the future that would potentially impact their lease. Other Reports and Announcements Chamber of Commerce Report. Executive Director Kat Sorenson handed out the new 2022 visitors guide. There was a new addition about a trail and bear etiquette guide. The marine guide was a new addition to the chamber's print materials and in March there would be a hometown guide prepared for residents. The chamber was working with the city on branding the city's legislative priorities. The Shop Small weekend held in November had been successful, and brought out over 250 unique shoppers. The New Year's Eve fireworks celebration had taken place, despite heavy winds. The Polar Bear Jump would be this weekend. The Tsunami Bowl would be on February 5, 2022, and the chamber was creating a February 14t' weekend to inspire visitors to come to Seward. Sorenson announced that Kelly Anne Cavaretta had been hired as the new Small Business Development Center (SBDC) consultant, had started today full-time, and had an office located inside the chamber building. Presentations Seward Area Hospice presentation by Ellen O'Brien and Lila Hurst Forensic Audit presentation by Greene Forensic Accounting, LLC PUBLIC HEARINGS Resolutions Requiring Public Hearing 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. Motion (McClure/Osenga) Approve Resolution 2022-001 Regis stated there would be a new owner of the building, and they wished to take over the lease for this location. 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 (Terry/Casagranda) Amend Resolution 2022-001 by adopting the 224 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page substitute laydown version of the Lease Extension Agreement. Regis said in 2009, a fence had been constructed which resulted in additional language being included in the lease extension; specifically, the language related to the easement. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Council recessed the meeting at 8:30 p.m. Council resumed the meeting at 8:35 p.m. UNFINISHED BUSINESS — None NEW BUSINESS Ordinances for Introduction 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. Motion (McClure/Casagranda) Introduce Ordinance 2022-001 Community Development Director Jason Bickling said this was coming forward in response to the continuing need to improve city code. The city code would continue to be refined moving forward as new terminology came about and new demands came from citizens. Casagranda had been in the lodging industry for almost 20 years, but she could not relate the proposed changes in this ordinance to the way she operated her business. She wondered if existing businesses would feel an impact from this ordinance. In response, Bickling said this was an attempt to clarify the process, and the language in this ordinance was intentionally kept simple. Bickling did not believe that citizens should have to be experts on reading city code; instead, citizens should be provided with the pros and cons and rules for doing business. Motion Passed Unanimous 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. 0&1 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page Wells declared a potential conflict of interest because he owned a marijuana business downtown and this ordinance would have a direct impact on his business. Mayor Terry ruled that a conflict existed with no objection from council. Wells removed himself from the dais. Motion (McClure/Casagranda) Introduce Ordinance 2022-002 Bickling said light manufacturing had historically taken place in the Central Business District for many, many years. The intent of this ordinance would be to allow for light manufacturing through the Conditional Use Permit (CUP) process; the intent was to allow existing businesses to continue operating and new businesses to enter the market, while controlling things like excessive odors and noise. Casagranda wondered what the impact would be for existing businesses. Bickling assumed existing businesses would be allowed to continue, without having to go through the CUP process. New businesses, or new ownership of existing businesses, would go through the CUP process. In response to DeMoss, Bickling confirmed that once a CUP was granted to a business owner, it would remain in place with no need for renewal. Motion Passed Unanimous Wells returned to the dais. Resolutions 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. Motion (McClure/Casagranda) Approve Resolution 2022-003 Bower wanted to clarify that this resolution was intended to find out information that wasn't currently known; this would answer the question of whether this project would even be feasible or not. Based on the initial feedback from R&M, the city would know which direction to take. Assistant City Manager Stephen Sowell said members of the community were continually asking administration about what was being done for housing. This exploration by R&M would indicate what kinds of developments could be done in this area: housing, recreation, etc. McClure wondered if saying "SMIC bench" was the best terminology to use, since the area in question may or may not be considered part of SMIC. In response, Sowell said this area had been referred to by at least four different names over the years, and while doing research, he OKI-] City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page became confused at times. Bower said if the project was ultimately determined to be feasible, the city would name the area and use that name consistently. Sowell said Phase 1 would be started in the spring and Phase 2 might be started over the summer, depending upon weather conditions in the springtime. Motion Passed Unanimous 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. Motion (McClure/Osenga) Approve Resolution 2022-004 Fire Chief Clinton Crites said this resolution would replace the fire department's current command vehicles; the engines were decent, but the electrical systems were shot and parts were not available. In response to Terry, Crites said the current vehicles would be surplused. Motion Passed Unanimous 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. Motion (McClure/Osenga) Approve Resolution 2022-005 Bower said administration had discussed alternative location options for the new public works facility with council, including the Fort Raymond area; feedback indicated that this would not be the highest and best use for that location. Bower said she intended to conduct Light Detection and Ranging (LiDAR) research, flooding issues, core samples, and other due diligence research and testing, along with the appraisal process. Casagranda wanted to be sure that any negotiations would be contingent on the results of all the due diligence that Bower conducted, and all the research would be provided to council for consideration. Bower confirmed. McClure wanted assurance that this location would not be in the flight path of the existing or future airport runways. Motion to Amend Casagranda/DeMoss) Amend Resolution 2022-005 in the title by ►SIN City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page adding the words, "and other due diligence" so that it reads, "...For The Future Location Of The Public Works Shop Facility And To Begin The Required Appraisal And Other Due Diligence Processes." Calhoon asked if the city would be able to back out of negotiations, at no cost to the city, in the event the city wished. In response, Chandler said it was common to have a period of 30 to 90 days in which to perform due diligence with no risk. Chandler said there didn't need to be any formal documentation, just an understanding that the property owner would allow access to the property. Casagranda said there were costs associated with conducting an appraisal, performing soil tests, etc. In response to Terry, Bower stated the cost for conducting the various due diligence procedures would come from the budget and she did not expect to need an additional appropriation. Motion to Amend Passed Unanimous Calhoon wished to keep the city's options open in the event that a different property was identified that also had potential to be a good location. Terry also wished to keep the city's options open. Main Motion Passed Unanimous Resolution 2022-0069 Directing The City Manager To Create A Project Plan For The Expansion Of Utility Infrastructure Which Will Increase Residential Development Within City Limits. Motion (McClure/Casagranda) Approve Resolution 2022-006 Terry said she and DeMoss had worked with the city manager to bring forward this resolution to create a development plan for expanding the city's utilities. This resolution would not commit the city to any specific plan, but was intended to create a reference document that could be used as a guideline. Casagranda appreciated this proactive approach. Motion Passed Unanimous 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. Motion (McClure/Osenga) Approve Resolution 2022-008 Bower said she had worked with the city attorney on the process for disposing city- 228 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page owned property. This resolution was the result of their discussions, and was the first step in the process. Sowell stated this was a location that may be ideal for the construction of a new home. Bickling added that the Jesse Lee Home site would provide a new park in the future. Motion to Postpone (McClure/Casagranda) Motion to Postpone Passed Postpone Resolution 2022-008 to January 24, 2022. Unanimous 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. Bower had begun discussions with Providence Hospital that indicated Providence wished to break off from the city and stand on their own. The hospital didn't need the city anymore because they were doing well, and if they were independent, Providence would be able to seek funding from different sources. In response to Casagranda, Bower said Mountain Haven Senior Living Center would be included in the discussions. Council scheduled a special meeting on February 14, 2022 at 5:30 p.m. to discuss the legal relationship between the City of Seward and Providence Hospital. INFORMATIONAL ITEMS AND REPORTS r'e-t9her-, 20" Cj' qi)' px^11,i'c;4-eis This item was removed from the agenda. City clerk's letter to the Alcohol & Marijuana Control Office (AMCO) stating non -objection to the renewal of liquor license #5621 Restaurant/Eating Place Public Convenience for The Highliner Restaurant. CITIZEN COMMENTS Cliff Krug thanked council for approving the lease transfer for Vertical Air. He and his wife had started the business in 2016, and they were still growing; he appreciated all the support from the community and the Chamber of Commerce. Some of the challenges that he faced as a small business included employee housing; he currently leased two three -bedroom apartments year-round just for his employees. Retail space was at a premium in this community, especially for artists and makers. Krug was disheartened by a lack of attention to developing year-round activities, including more restaurant options. Bob Valdatta said he had spoken to the organizer of the USS Alaska project who had indicated they were having trouble finding property in Seward. Valdatta suggested the area at Boulder Field near Scheffler Creek might be a good location. 229 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page Bruce Jaffa was pleased to see the progress made towards exploring new areas and ideas for development. Lynda Paquette appreciated the work being done to hold a public community event to discuss employment hardships, with local business owners and the Chamber of Commerce. She believed the issues relating to housing were tied to expanding winter activities. Doug Schoessler was impressed with the Seward Area Hospice presentation and encouraged everyone to donate. He would match donations made between now and February 1, 2022, up to $500. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower invited council to provide questions to her about the forensic audit, with the idea that perhaps the auditors would come to Seward. The new CPA Carmen Jackson would be on site starting on Monday. Wells thanked public works for taking care of the roads so well. The freezing rain today was really bad, but he noticed that the sidewalks downtown looked clear. He appreciated the feedback and input from citizens about the properties discussed on tonight's agenda. Calhoon appreciated the community involvement at tonight's meeting. Bringing natural gas to Seward would be beneficial; he recalled addressing this topic 20 years ago, and thought perhaps the topic could come back. He congratulated the girls basketball team. He encouraged everyone to come out for the Polar Bear Jump and the turkey bowl at the American Legion on Saturday. Casagranda would be away from this week until the first meeting in March. She congratulated the girls basketball team. She appreciated the work being done to address issues in the community, including housing. DeMoss thanked Seward Area Hospice for their presentation tonight. The forensic audit results were not surprising, but she was confident that the current administration would address and fix the issues. She had attended the KPEDD Industry Outlook Forum last week and there was a positive message about Seward's future. The visitors guide looked great; she welcomed the new executive director. She thought perhaps council should provide Magistrate Peck a thank you card for his service. Osenga congratulated the girls basketball team. He encouraged everyone to support the Polar Bear Jump this weekend. He thanked Magistrate Peck for his service. McClure appreciated the quick responses to the power outage the other day. She had recently visited the DMV and had had a great experience. Be careful on the icy conditions, and with COV1D. She was excited about the city's administration, council, and employees for working together and moving forward. 230 City of Seward, Alaska City Council Meeting Minutes January 10, 2022 Volume 41, Page Terry encouraged everyone to come out for the Polar Bear Jump this weekend. She congratulated the boys wrestling team for doing well in the state tournament. AVTEC students were back in session. She attended a mayors meeting last week and found it fruitful. The KPEDD Industry Outlook Forum presentations were available on their website. EXECUTIVE SESSION 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 andAtmospheric 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. Motion (Terry/) 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 44.62.310(c)(3) matters which by law, municipal charter, or ordinance are required to be confidential, following a five minute recess. The city manager, assistant city manager, and city attorney were invited to stay. Motion Passed Unanimous Consent Council recessed the meeting at 9:55 p.m. Council resumed the meeting at 10:00 p.m. Council went into executive session at 10:00 p.m. Council came out of executive session at 10:37 p.m. ADJOURNMENT The meeting was adjourned at 10:37 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor ►4911 AGENDA STATEMENT Meeting Date: January 24, 2022 From: Brenda Ballou, City Clerk Agenda Item: Non -Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: Seward Marketplace Licensee: AK, LLC Type: Package Store License: 3909 The City of Seward Police, Fire, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the renewal of liquor license for Seward Marketplace 93909 — Package Store. ►ACY: STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx 3909 LIQUOR LICENSE ISSUED 2022 - 2023 LICENSE RENEWAL APPLICATION DUE 12/28/2021 DECEMBER 31, 2023 (AS O4.11.270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW TYPE OF LICENSE: Package Store LICENSE FEE: $1,500.00 1150 D/B/A: Seward Marketplace 1711 Old Seward Highway Mail Address: AK, Inc. 1450 North Benson Avenue, Unit A Upland, CA 91786 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 FORM CONTROL xxxx ISSUED 12/28 /2021 ABC BOARD TYPE OF LICENSE: Package Store LICENSE FEE: $1,500.00 D/B/A: LIQUOR LICENSE LICENSE NUMBER 3909 DUE 2022 - 2023 LICD CEMBER 31A 023P(AS O4LICAT111..270(b)) TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2024 UNLESS DATED BELOW Seward Marketplace 1711 Old Seward Highway Mailing Address: AK, Inc. 1450 North Benson Avenue, Unit A Upland, CA 91786 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 COPY DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 7121) 233 SOV & M,4,0 v 2 4 AMCO,4 r�G` rl?OL OVV�� Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensine alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 2022-2023 Master Checklist: Renewal License Application Doing Business As: Seward Marketplace License Number: 13909 License Type: Package Store Examiner: 1 Transaction #: 100305939 1 k—oh I Document Received Completed Notes AB-17: Renewal Application 11 /22 -10V/101 App and License Fees 11/22 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 COI / COC / 5 Star / FAA Cert FP Cards & Fees / A13-08a Late Fee Names on FP Cards: Yes No N/A CBPL Entity Printout included? F - El Business License Copy included? LI 7 Background(s) Completed & Date: Special Consideration: f-i AnA Board Meeting Date: l /124 L 3— LGB Sent Date: LGB 1 Name: Waive F Protest 17 Lapsed [Master Checklist: Renewal] (rev 09/22/2021) LGB Deadline Date: 9-- LGB 2 Name: V'4-e( cuk r-'I ri rl v Waive I I P Lapsed Page 1 of 1 234 550 W 7 Avenue, y Suite 1600 AMCO Anchorage, AK 99501 alcohol.licensina@alaska.aov httos://www.comrn ce alaska.aov/web/amco Phone: 907.269.0350 ^�J11kot.ovo. Alaska Alcoholic Beverage Control Board Form AB-17b: 2022/2023 Package Store 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 02/28/2022will 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): A ki `-�, License #: License Type: �. Doing Business As: e V\'U `d q ` Yd c Premises Address: Local Governing Body: �� O,: �` K�[1Q I �i✓{1 U f O Community Council: C3 If your mailing address has changed, write the NEW address below: Mailing Address: 6cC150 Ave - oq k -�_ City: -� A FState: CA ZIP:19 1-7 $ 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: IRckv.,n A nA i Contact Phone:J��q) y.] 2 Contact Email: _ 1 „ CQr e fli e� � I I -:5ccs ,' I (" } 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: Section 2 - Written Order Information Do you intend to sell alcoholic beverages and ship them to another YES NO location in response to written solicitation in calendar years 2022 and/or 2023? AMCO RECUD'f�7/21 [Form AB-171 (rev09/21/2021) 235 Page 1 of4 Alaska Alcoholic Beverage Control Board ,1N( 0 w Form AB-17b: 2022/2023 License Renewal Application Section 3 - 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 #. h ttps://www. commerce. alaska. go v/cbp/main/search/en titles Alaska CBPL Entity #: r � �J �.; ~��< , i 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 perAS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will bereturned. 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 ENTM TYPE. Corporations of any type including non-profit must list ONLY thefollowing: 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 anytype must list ONLY thefollowing: o 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 rejected. Name of Official: V Q Wa A nq b i Title(s): i 1 ICI% SCCC: A Ul Phone: j9N)39+qj2c6 % Owned: Mailing Address: Q N, Beason Avg-., u no A City: upland State: CA ZIP: 9 l • ! "�: l t Name of Official: sq i Title(s): 0. C-idenA Phone: F909 3 `T_ LAIT6 %Owned: Mailing Address: L4o N. k e O A v-e und A t1 City: U v)' nd State: C A YIP: 9 ti '� (, Name of Official: Lgvn i LAsjry(-.. RrSQMWEq Vom Amb alli► firtM Title(s): ,, n (-c ho e r Phone: hC9) 3c1 - --I2� % Owned: Mailing Address: /� ILil5 C e , i A City: eland State: ZIP: [Form AB-17] (rev09/21/2021) 236 Page 2 of4 AMCO Alaska Alcoholic Beverage Control Board Fore AB-17b: 2022/2023 Ucense Renewai Application Section 3 — Entity or Community Ownership Information Sole Proprietors should skit, thi Section Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity #. https.11www.commerce. alaska.aovjcbpl': +.rin/searchjentities Alaska CBPL Entity #: r o o � (� 5? 7gq 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 perAS 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 ENMY T(VPE. Corporations of any type including non-profit must list ONLY thefollowing: o 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 thefollowing: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentageowned Partnerships of anytype, 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 he returned per AS (4 11 )10 1 AAC 104 1n5 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 reiei cted. Name of Official: DI l( of and Raw, Ana I l h Title(s): C:I-fj `d.Cr Phone: k0q) 3g4.412c� I % Owned: 4� Mailing Address: ILhGN . gcnscn Avg- und A City: U W nd State: CA ZIP: 9 Name of Official: Title(s): Phone: % Owned: Mailing Address: City: State: T ZIP: Name of Official: Title(s): Phone: Mailing Address: City: State: % Owned: ZIP: [Form AB-17] (rev09/21/2021) 237 Paige 2 of4 (ZO Alaska Alcoholic Beverage Control Board Form AB-17b: 2022/2023 License Renewal Application Section 4 - 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, A13-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change perAS 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 more space is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. This individual isan:1-1 Applicant Affiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: This individual isan:I (Applicant I lAffiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: Section 5 - License Operation that best describes how this liquor license was operated: 2020 2021 1. The license was regularly operated continuously throughout each year. (Year-round) 2. TheIicensewasonlyoperatedduringaspecificseasoneachyear.(Seasonal) If your operation dates have changed, list them below: El 1:1 to 3. The I icense was only operated to meet the minim urnrequire me nt of 240tota I hours each calendar year. 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 s ction 2 marked "01 Hi W' and COVIII ;� Section 6 - Violations and Convictions Yes No Have '< ` 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 04.11.270(a)(2) If you are unsure if you have received any Notices of Violation, contact the office before submitting this form. . [Form AB-17] (rev09/21/2021) 238 Page 3 of4 / Alaska Alcoholic Beverage Control Board AMCO Form AB-17: 2022/2023 License Renewal Application Section 7 -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. • I 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 orOwnership of the business license, and have provided all required documents for any new or changes in officers. • 1 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. • I 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. /GSA ��� --- - Signature of licensee Signature of Notary Public Ka wci Anti b j Notary Public in and for the State of: Printed name of licensee My commission expires: Subscribed and sworn to before me this day of 20 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: $ 1 Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ [Form A13-17] (rev09/21/2021) 239 Page 4 of4 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 11 ) Count of ndV On Q7.-� before me, - ii .j�. ..,}. h�K�1_c personallyappeared who proved to me on the basis of satisfactory evidence to be the erson(� whose name(V)Dare subsc ' ed to the within instrument and acknowledged to me that he//they executed the same i his, /their authorized capacity(i/), and that by his/a/their signature on the instrument the person(, or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Optional Information DEANNA R. SPEER t' COMM. #2344810 z ° Notary Public • California o Z " s San Bernardino County M Comm. Est ires Feb. 2, 2025 (Seal) Aitl.�., 7� ,t t• �, ,r r` r. tf i i�,1 I,, li, . i' ,u! I {� .. ILI., I il„i„ . I� , I t,.,f"? I t^<.r thr.'I br ,.,I,' F .� �,.,r.�., fh, .��'t I,Inm .,,i.,,r. Description of Attached Document r Method of Su ner 1&ntih-anon h '� iue ce(linq (� t tih_ att� ()` A. kno4rl�>dginent is ��ttarhtd t�� � ;Jo.-urnr�nt � titled/tot the purpu�e of F'r. �;••1 L. r. 1 i,d'=' t;l ,.Ir',f.3 tJt7 t. ,rtjr'nfF and dated f ht signel(,si capa� ity car authority is/arf, ,1- I-I.li., I ; d ATI t',i) ftI�,°nlin,; Oth?t 240 Division of Corporations, Business and Professional Licensing Page 1 of 1 License Detail LICENSE DETAILS License #: 1040770 Print Business License Business Name: SEWARD MARKETPLACE Status: Active Issue Date: 08/04/2016 Expiration Date: 12/31/2021 Mailing Address: 1450 N BENSON AVE Unit A UPLAND, CA 91786 Physical Address: 1711 SEWARD MARKETPLACE SEWARD, AK 99664 Owners AK, INC. Activities Line of Business NAICS Professional License # 42 - Trade 445120 - CONVENIENCE STORES Endorsements End # Issue Renew Expiration Action End Action Note Address 1 10/31/2017 12/12/2019 12/31/2021 1711 SEWARD MARKETPLACE, SEWARD, AK 99664 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. Close License Detail Print Friendly Version 241 https://www.commerce.alaska.gov/cbp/businesslicense/search/License 12/20/2021 Division of Corporations, Business and Professional Licensing Page 1 of 2 Details ENTITY DETAILS Name(s) Type Name Legal Name AK. Inc. Entity Type: Business Corporation Entity #: 10024884 Status: Good Standing AK Formed Date: 11/4/2014 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 File Biennial Report Entity Mailing Address: 1450 NORTH BENSON AVE UNIT A, UPLAND, CA 91786 Entity Physical Address: 3085 MOUNTAINWOOD CIRCLE, JUNEAU, AK 99801 Registered Agent Agent Name: PARACORP INCORPORATED Registered Mailing Address: PO BOX 33735, JUNEAU, AK 99803 Registered Physical Address: 3085 MOUNTAINWOOD CIR, JUNEAU, AK 99801 Officials AK Entity # Name Rawa Anabi Rawa Anabi as Trustee of the Sammer and Rawa Anabi Family Trust Sammer I. Anabi as Trustee of the Sammer and Rawa Anabi Family Trust Sammir Anabi Filed Documents Show Former (None on file) Titles Owned Director, Secretary Shareholder Shareholder Director, President, Treasurer Date Filed Type Filing Certificate 11/04/2014 Creation Filing Click to View Click to View 12/05/2014 Initial Report Click to View 11/17/2015 Certificate of Compliance Click to View 12/17/2015 Certificate of Compliance Click to View 12/31/2015 Biennial Report Click to View 12/12/2017 Biennial Report Click to View 10/25/2018 Entity Address Change Click to View 10/29/2018 Change of Officials Click to View 12/12/2018 Certificate of Compliance Click to View 10/22/2019 Biennial Report Click to View 6/16/2021 Certificate of Compliance Click to View 51.00 49.00 242 https://www.commerce.alaska.gov/cbp/main/search/entities 12/20/2021 Johni Blankenship, MMC Borough Clerk 1/3/2022 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant AK, Inc. Business Name Seward Marketplace License Type Package Store License Location 1711 Old Seward Highway, Seward, AK 99664, City of Seward License No. 3909 Application Type License Renewal [PreviousText] Dear Ms. Ballou, 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: sireifej@carenterprises.net; clerk@cityofseward.net; JVanHoose@kpb.us; MJenkins@kpb.us 243 11:42:34 e. M. 01-10-2P22 1 g�72243'G� 0111012022 11.35AM 90722457V BAY,' DE APARTMENTS PAGE 01/09 RECEIVED CITY OF SMA , ALA K JAN I I NZ2 APPLICATION FOIE THE OFFICE OF THE SEWARD PLANNING AND ZONING COMMISSIOWY CLERK NAIVE: L i Lob (') L- 'M 6y)d co MAILING ADDRESS: t U. olvtE x I, pxoN � BusrNl ss PHONE. �3 4` EAMAIL A'DDRESS:\ j Y i 4• cQ FAX, i ol;L HOW LONG IN THE CITY LMTS OF SEWARD' 5 12'0 nOA�a na PRESENTLY EMPLOYED AT: d �=n pn+� F - Last azay special training, educatioxa or background you have which may }yelp you as a membr,T of the Commission_ iCFiliS C� Have you eves developed real property, other than your own personal residence? If so, briefly describe the development: p I am speoificailZ interested in serving on the .Planning and ,Zo" Calnmissioa Have you ever served on a similar oommission elsewhere? Yes o ONO If so, where? And whon? Are you available for meetings Tuesday evc�nings? U& 5 If appointed, are you M11ing to travel:. often �C)ccasionally _ _Rarely Nevear signature Tale City Clerk's Note: This applicant is interested in applying for the term that will expire February, 2023. 244 Agenda Statement Meeting Date: January 24, 2022 From: Brenda Ballou, City Clerk Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: Seward City Code 2.30.330 states that at the first meeting of each fiscal year, the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board (PACAB). If council fails to do this, the Board will cease to exist within thirty (30) days. RECOMMENDATION: Council approve this continuation and renew the Port and Commerce Advisory Board through January, 2023. ►z1.7 February 2022 March 2022 February 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 Feb 1 2 3 4 5 7:OOpm P&Z Mtg 12:OOpm PACAB (Regular Mtn Meeting) 6 7 8 9 10 11 12 6:OOpm HPC Work Session (Council �_ ha....m......b..e...rs_a...................... _._._._.. 7:OOpm HPC Regular Meeting (Council ch.. m r 13 14 15 16 17 18 19 6:OOpm P&Z 12:OOpm PACAB :30pm CC Spc Mtg - (7:00pm Work Session Work Session Providence (Council (Chambers) CC Mtg Chambers) (Council Chambers) 20 21 22 23 24 25 26 27 28 Mar 1 2 3 4 5 7:OOpm CC Mtg _. 1Chambersl_. Council Calendar 1 1/19/2022 12:52 PM 246 March 2022 SuMo March 2022 April 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 2021 22 23 24 25 26 17 18 19 20 21 2223 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 27 28 Mar 1 2 3 4 5 7:OOpm P&Z Mtg 12:OOpm PACAB (Regular Mtn Meeting) 6 7 8 9 10 11 12 6:OOpm HPC Work Session (Council �_ ha....m......b..e...rs_a...................... _._._._.. 7:OOpm HPC Regular Meeting (Council 13 14 15 16 17 18 19 12:OOpm PACAB 7:OOpm CC Mtg (Council Work Session Chambers) (Chambers) 20 21 22 23 24 25 26 6:OOpm P&Z Work Session (Council Chambers) 27 28 29 30 31 Apr 1 2 7:OOpm CC Mtg _. 1Chambersl_. Council Calendar 2 1/19/2022 12:52 PM 247 April 2022 May 2022 April 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 27 28 29 30 31 Apr 1 2 3 4 5 7 8 9 7:OOpm P&Z Mtg PACAB (Mtp� (Regular Meeting) 10 11 12 13 14 15 16 S:30pm CC WS - 6:OOpm HPC TENTATIVE Work Session (Greene (Council Forensic Chambers) Accounting) 7:OOpm HPC 7:OOpm CC Mtg Regular (Council Meeting Chambers) (Council Chamber)__ 17 18 19 20 21 22 23 6:OOpm P&Z 12:OOpm PACAB Work Session Work Session I(Chambers) (C(uncil Chambers) 24 25 26 27 28 29 30 7:OOpm CC Mtg _. 1Chambersl_. Council Calendar 3 1/19/2022 12:52 PM 248