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01232023 City Council Packet
Seward City Council Agenda Packet Monday, January 23, 2023 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska All -Am CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones during the meeting Mayor Sue McClure Vice Mayor John Osenga Council Member Liz DeMoss Council Member Mike Calhoon 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Council Member Randy Wells Council Member Kevin Finch Council Member Robert Barnwell January 23, 2023 at 7:00 p.m. of SEjY '9Cq`SK�' City Manager Janette Bower City Clerk Brenda Ballou City Attorney Brooks Chandler 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 ConsentAgendapasses all routine items indicated by asterisk (*). ConsentAgenda items are not considered separately unless a council member requests. In the event ofsuch a request, the item is returned to the Regular Agenda.) 6. SPECIAL ORDERS, PRESENTATIONS AND AWARDS A. Proclamations and Awards — None B. City Manager Report---------------------------------------------------------------------------------Pg. 5 C. City Clerk Report...................................................................................Pg. 22 D. City Attorney Report — None E. Other Reports and Announcements — None F. Presentations —None 7. CONSENT AGENDA A. Minutes of Preceding Meeting * 1. Approving the January 9, 2023 City Council Joint Special Meeting with the Planning & Zoning Commission Minutes.....................................................................Pg. 23 *2. Approving the January 9, 2023 City Council Regular Meeting Minutes..................Pg. 27 B. Introduction of Ordinances * 1. Ordinance 2023-002, Amending Seward City Code Title 2 — Administration ............ Pg. 41 C. Resolutions * 1. Resolution 2023-009, Accepting Extrication Equipment Funded By The State Of Alaska Legislative Grant Agreement Number 23-DC-022, Emergency Extrication Equipment Clearing House With A Total Value Of $15,200.95 With No Additional Funds Allocated............................................................................................ Pg. 90 *2. Resolution 2023-010, Authorizing The City Manager To Enter Into A Contract With OpenGov, Inc. For Licensing And Professional Services Related To The Expansion Of The Online Business License Portal In An Amount Not To Exceed $45,746.00, And AppropriatingFunds.............................................................................Pg. 103 *3. Resolution 2023-011, Authorizing The City Manager To Enter Into A Contract With Metco Alaska, LLC For Fire Hydrant Snow Removal And On -Call Sidewalk Snow Removal Services For A Three -Year Period, With Two Optional 1-Year Extensions, And AppropriatingFunds.............................................................................Pg. 125 *4. Resolution 2023-012, Adopting An Alternative Allocation Method For The FY2023 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area And Authorizing The City Manager To Apply For Funds From The Shared Fisheries Business Tax Program..................................Pg. 132 D. Action Memoranda E. Other Items 8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Ordinances for Enactment 1. Ordinance 2023-001, Amending Seward City Code Chapter 3.50.010 To Recognize Easter As A Paid City Holiday For Regular Full -Time And Regular Part -Time Employees. This ordinance was introduced on January 9, 2023 and is coming tonight for a public hearing and enactment..............................................................................................Pg. 142 B. Resolutions Requiring Public Hearing Resolution 2022-096, Recommending Kenai Peninsula Borough Approval Of The Preliminary Right Of Way (ROW) Acquisition Plat For The Seward Airport Located In T 1N & 1S R IW Sec 34, 35, 2 & 3, Seward Meridian SW, That Point Known As The Seward Airport, Physical Location, 2310 Airport Road; Acquiring And Replatting Various Legals Located In Sec 34, 35, 2 & 3, Seward Meridian SW. This resolution had a public hearing on September 12, 2022 and was postponed. This resolution came back for a second public hearing on October 24, 2022 and was postponed again. This resolution is coming tonight for a third public hearing and approval............................................................................................... Pg. 146 9. UNFINISHED BUSINESS A. Items for Reconsideration Resolution 2023-001, Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska, To Amend Articles 3, 6.1, 11.2 And 12.3, And Extending The Term Of The Lease For 17 Years, And To Add Two Five -Year Options To Extend. This resolution had a public hearing and was failed at the January 9, 2023 meeting. A request for reconsideration was filed by Council Member Calhoon on January 10, 2023....................................................................................................Pg. 164 10. NEW BUSINESS A. Resolutions B. Action Memoranda C. Other New Business 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes 1. Planning & Zoning Commission a. October 11, 2022.................................................................................Pg. 218 b. November 8, 2022................................................................................Pg. 225 2. Port & Commerce Advisory Board 3. Historic Preservation Commission a. November 10, 2022...............................................................................Pg. 231 B. Other Items 1. Planning & Zoning Commission Report for 4th Quarter 2022.................................Pg. 235 2. Robertson, Monagle and Eastaugh Federal Lobbyist Report through December 2022.....Pg. 237 3. Happy Youth Programs & Educational Resources (HYPER) Financial Report through November 2022....................................................................................................Pg. 244 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION — None 15. ADJOURNMENT City of Seward City Manager's Report January 23, 2023 Mayor McClure and Council Members, I will provide a more detailed report to you during our meeting on January 23rd. It has been a very busy two weeks since our last meeting and we are working on a number of projects. As of this writing, I am in Juneau with Mayor McClure, Council Member DeMoss, and Council Member Barnwell. We are making good use of our time meeting with legislators and advocating for Seward's various goals, projects, and objectives. Purchase Orders There were no purchase orders to report for this period. Thank you, A City of Seward - Human Resources Manager Report Staffing Information # of Department Job Title Positions Filled Administration City Manager 1 1 Assistant City Manager 1 1 Human Resources Manager 1 1 Executive Assistant 1 1 TOTAL: 4 4 Finance Director - unfunded for 2023 1 0 Deputy Finance Director 1 1 Senior Accountant 1 1 Accounting Technician III 1 1 Accounting Technician II 1 0 Accounting Technician - Utilities 2 1 Accounting Tech Payroll 1 1 Accounting Tech Accounts Payable 1 1 TOTAL: 9 6 Public Works Director 1 1 Street Foreman 1 1 Maintenance Mechanic 3 3 Executive Assistant 1 1 Shop Foreman 1 1 Water and Wastewater Foreman 1 1 Water and Wastewater Operator 3 3 Custodian 2 1 TOTAL: 13 12 Community Development Director 1 1 Planner 1 1 GIS Technician 1 1 TOTAL: 3 3 Electric Director 1 1 Operations Supervisor 1 1 Field Engineer 1 0 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 9 Fire Department Chief 1 1 Deputy Chief 1 1 Executive Assistant 1 1 Building Official 1 1 Building Fire Inspector 1 1 Firefighter/EMT 1 1 Seasonal - Summer Laborer 1 0 6 # of Department Job Title Positions Filled TOTAL: 7 6 Harbor Harbor Master 1 1 Deputy Harbor Master 1 1 Office Manager 1 1 Executive Assistant 2 2 Harbor Worker II 6 5 Harbor Worker III 1 1 Seasonal - Summer Laborer Part -Time 1 0 Seasonal - Summer Laborer Full -Time 1 0 TOTAL: 14 11 IT Director 1 1 Senior IT Tech 1 1 IT Technician 1 1 TOTAL: 3 3 Library Director 1 1 Program Coordinator 1 1 Library Technician 1 1 Curator 1 1 Library Aide 1 1 Seasonal - Aides 2 1 TOTAL: 7 6 Police Chief 1 1 Deputy Chief 1 1 Sergeant 1 1 Executive Assistant 1 1 Patrol Officer 7 4 Patrol Officer not funded 1 0 Corrections Sergeant 1 1 Corrections Officer 4 3 Corrections Officer not funded 1 0 Dispatch Supervisor 1 0 Dispatcher 5 4 Animal Control Officer 1 1 Animal Control Officer Assistant 1 1 DMV Clerk 1 1 TOTAL: 27 19 Parks & Recreation Director 1 1 Deputy Director 1 0 Executive Assistant 1 0 Campground Coordinator 1 1 Program Coordinator 1 1 Recreational Assistant 1 1 Maintenance Technician 1 0 Seasonal - Summer 15 0 Seasonal - Winter 2 2 TOTAL: 24 6 # of Department Job Title Positions Filled City Clerk's Office City Clerk 1 1 Deputy City Clerk 1 1 Executive Assistant 1 1 TOTAL: 3 3 Total number of authorized positions: 124 Total number of filled positions: 88 Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Work continues on the preliminary design and engineer's estimate. We held a project meeting on January loth to continue work on the project. The survey team from R&M Engineering conducting field work at the Fort Raymond site January 9 through 12 to continue work on facility layout. R&M Engineering is working on completing the preliminary cost estimate and finalize the project schedule. ➢ The Department of Energy is in the process of reviewing the Heat Loop Grant application. We are working with project stakeholders, our grant writer, and the Heat Loop Ad Hoc Committee to follow up on questions from DOE in response to the grant application. The follow up information was submitted on January 1lth. The final determination from DOE on the grant application is expected in March on the grant awardees. ➢ We are continuing to work with R&M Engineering on the Utility Master Plan, which will produce a comprehensive report on the City's current water, sewer, and electric capacity as it relates to residential development throughout City limits. This is one piece in our effort to improve housing capacity in Seward. ➢ City staff are continuing to work with Seward City Tours and community stakeholders on the "Port Avenue Project". This project will enhance pedestrian traffic on Port Avenue as well as providing new shuttle bus stop benches and related improvements. We plan to bring a resolution to Council in February to expend the funds for this project. ➢ We are beginning the work on updating the Strategic Plan. This will be a long-term project but excited to get this important document updated. Our objective is to create a document that reflects the implementation of the Comprehensive Plan. ➢ City Administration met with the Alaska Housing Finance Corporation (AHFC) on January 6th to discuss the current state of housing in Seward as well as the possible programs that AHFC has to increasing residential housing production. We will continue to work with AHFC as program funds become available. 9 Community Development Department Jason Bickling Director Notes: ➢ We are assisting the Electric Department with the HEA Due Diligence work including researching deeds, easements, land values, and creating maps. ➢ KCI Engineering got back to us in regards to the results of the JLH site clean-up. There were some very small residual amounts of contaminants found. They have sent their report and results to ADEC. We are now waiting to hear back from ADEC on whether or not things are at an acceptable level or if there will be more mitigation required. I will have the City Manager verbally give any updates that happen between this report and the meeting. ➢ Working on the Public Works Building Project — both new site development and the development of the current site for residential housing after it is moved. ➢ Working on Port Avenue Improvement Plan and Shuttle Infrastructure and Signage. We believe this will help different visitor groups find their way around the community more effectively and comfortably, especially during inclement weather. ➢ P&Z Commissioner Training: Last year our commissioners had the opportunity to participate in two trainings. The state came down and provided a training on the operations and procedure side of the Commission work— state and local laws, open meetings acts, Roberts Rules of Order, discussing case studies, etc. We are working with the Clerk to have this training opportunity again. The Alaska Planning Association had a virtual conference last year that was a little lacking with the delivery. Thankfully, they are going back to an in -person event this year in mid -August. They have a day dedicated to Commissioner Training Day that we will be attending and those commissioners who have attended before speak highly of it. ➢ We are working with R&M to help us review the Municipality of Anchorage Utility Standards (materials and installation) to see if they would be a good fit for us to adopt /point to into our code as it is currently soft in those areas. This would help make our requirements explicitly standardized and more robust. ➢ Working with Open Gov to develop our online STR Rental Permit Application — this will be going public very soon. iN ➢ Compliance: With short term rental owners and operators, like any industry we monitor, we have a very large majority of people that are honest and do great business. Do we have people that are either completely uninformed about the requirements to operate a business but are not doing it intentionally? yes. Do you we have people that are trying to be deceitful about some part of their operation? yes. Those groups are a far minority and we have things in place to monitor and pursue compliance with both. We don't have the time and resources to go physically inspect every single Short -Term Rental or Property for things like making sure they are using the correct percentages of their square footage and I don't think we need to. We work closely with the Fire Department Building Inspectors. If they find something that looks like it could be out of compliance in their Life Safety Inspection Process, they let us know. We also contract with Hamari, which helps us on other types and levels of compliance. We do monitor compliance (with Short Term Rentals and other types of land use) and address those that are not compliant through a documented process that if not complied with, ends up in legal means to make it happen. As you go down the compliance road, it gets resource heavy — people, time, and money — and I'm speaking to the ones who do not want to comply. I spent a lot of time on a couple of these situations this year (with attorneys involved) to bring people / businesses into compliance. I know that the Fire/Building Department has a similar process and is also working on some of those through legal means as well. We know that there are things we need to do to improve but we also have a process in place that works and has teeth. The results from this year have proven that. ➢ Working on the paperwork for the DRP projects that are in process ➢ Continuing conversations with DOT in regards to the Airport Replat issues ➢ Continuing GIS work for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec. We are also developing detailed "work" maps for the departments as well. We will be hiring a temp in the near future to begin digitally archiving maps and records. ➢ We are continuing with our normal business of processing of records requests, short term rental permits, replats, rezones, CUPs, and consulting regularly with community members that have questions about the development and use of their land and helping with applications. is Electric System Director Rob Montgomery ➢ Nash Road Infrastructure Work (Ongoing) — Two meetings were held the week of January 9 as Seward Electric personnel continue to plan for 2023 infrastructure work. The meetings included personnel from construction contractor, Sturgeon Electric, and engineering consultant, Dryden & LaRue. The meetings focused on a review of delivered materials, deadlines for ordering materials in the future, and priorities going into the construction season. Initial construction will get underway in late February with the installation of power poles in marsh areas along Nash Road, while the ground is frozen. Electric Department personnel also are coordinating with Alaska Logistics to barge infrastructure power poles that were delivered via rail from Alaska Railroad property and across the bay to the City of Seward dock near the Seward Marine Industrial Center. Electric crews will then move the materials from the City dock to a designated laydown area off Nash Road. Barging and moving the materials will get underway January 23. ➢ HEA Due Diligence (Wrap-up) — All due diligence items requested by Homer Electric Association as part of a potential acquisition of Seward's electric system we delivered prior to the January 13 deadline. A meeting with City administration personnel was held on January 9 to identify all outstanding items remaining. The Electric Department also hosted operations personnel on January 10 and January 11 as they reviewed facilities and compiled operational data. ➢ Railbelt Committee Meetings — A strategic meeting of all Railbelt Utilities focusing on communications was held on January 12 in Anchorage. The utilities continue to coordinate their communication efforts on funding opportunities for the Railbelt grid, prioritization of key transmission projects and battery storage, and a Clean Energy Strategy. In addition to three concept letters seeking various funding options, the team developed a letter for the Regulatory Commission of Alaska outlining their position on a Renewable Energy Strategy versus a more prudent Clean Energy Strategy. ➢ Christmas Decorations — The week of January 16, Electric Department crews completed work to take down the City's Christmas decorations. im CMR Finance Department Sully Jusino Deputy Finance Director Mission Statement: Valuable Objectives: To provide the highest level of services responsive to our We built trust with all stakeholders through responsible community's expectations and to enhance the quality of life stewardship of public resources with integrity, and economic vitality. accountability, and respect. Utility Department: • Carmen Jackson Firm and Finance department continue working with the initial internal and forensic audit work plan and procedure manual for the Utility Department. • The finance staff is starting the preparations for audit FY22. Carmen Jackson Firm and Finance Staff: - Carmen Jackson LLC continued assisting the Finance Department in account reconciliation, journal entry review, and analysis workflows. - Carmen Jackson's team assists finance staff in the final steps of the budget FY23_24. - Staff and Camen Jackson Team working with City Clerk regarding Internal Controls and policies following the City code. Annual Audit: - Carmen Jackson's Team and Finance are starting the preparation for Audit FY22. 13 � Fire & Building Department Fire Chief Clinton Crites We NEED 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 7:00pm. 2023 Statistical Information; Fire & Life Safety Inspections 2022 YTD: 2 with 5 violations noted. Emergency Calls: 007 New Building Permits Issued 2023: 1 with a total construction valuation of $1,154.94. Prevent Falls in the Winter LwUse proper intershoes .., I G{..L 1 ails and switch on the fights Use a cane or a walking assistance device qrMW * i Remove snow and ice from your pathway There have been a lot of trips, slips, and falls this winter with several injuries and concussions throughout town, please wear ice cleats when tra versing outdoors and remove them once inside. Harbor Harbormaster Norm Regis ➢ The 50-ton and 330-ton Travelift has started to pick up; some fishing vessels are preparing the early fish openers. ➢ We are continuing to train three new harborworkers on the maintaining the Travelifts and harbor infrastructure. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. ➢ We have opened G, K and L-float; contractor is working on the punch list. ➢ We have an issue with the fire extinguisher and life ring boxes, we are working with the engineers/contractor to alleviate problem with the vender. (Not Resolved Yet) ➢ 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 will be closed on Sundays until spring 2023. ➢ The North East harbor launch ramp is completed, the contractor finished on 12-1-2022, waiting on as -built drawings. ➢ I called Washington and checked on the City of Seward Harbors PIDP grant it is in the final weeks of technical review, an announcement of the grant awardees will be in a couple of weeks. (NO WORD YET) ➢ We are waiting on funding for the 5-ton crane on I -Dock, Corp Permit has been approved ➢ The harbor is short one harborworker II; this was an added position during the budget process. ➢ We have sent the Coast Guard the resolution and the Purchase and sale agreement for them to look over. ➢ Winter is here please remember do not shovel the snow off your vessels onto the dock; please place the snow into the water. ➢ Please watch your step while transitioning onto the floats the transition plates can get icy very quickly. ➢ The harbor is preparing for the Polar bear Jump this Saturday. I� Seward Community Library & Museum Bailey Sayler MUSEUM TEMPORARY DISPLAY Seward Coal Loading Facility The Temporary Display space presents a history of the now abandoned coal loading terminal. Learn the history of the terminal, along with its machinery pieces, and issues the terminal faced in its 32 years of operation. Also featured are historic photos of the terminal and models of historic Alaska Central Railway train cars and modern Alaska Railroad passenger cars. MUSEUM WINDOW DISPLAY Polar Bear Jump For the month of January, the museum windows will feature objects from the Seward Polar Bear Jump such as pins, patches, programs, and newspaper articles. First held in Seward in 1986, this annual event raises money for the American Cancer Society and will be held on January 14, 2023 at 12:30pm at the small boat harbor. Thank you Museum Volunteers We would like to thank our amazing museum volunteers, from the Resurrection Bay Historical Society and the Seward Community Library Association, for all the hours they put into caring for the museum and its collection. In 2022, both organizations combined contributed over 660 hours to volunteering, with RBHS having 624 of those hours. We would also like to thank local Boy Scout Troop 568 for volunteering 56 additional hours with RBHS to complete other large museum tasks. Play n Chat Every Tuesday and Thursday, the Library and Bloom work together to bring arts n crafts, story time, and play time for our younger crowd. New Microfiche Machine The Library & Museum is excited to announce that our new microfiche is up and ready for use, thanks to the Rasmussen Foundation. Please call and schedule a time to use the microfiche. Upcoming Events Friday, January 13, Library 10 Year Birthday celebrating the building 10 year anniversary. We will have games, popcorn, sweets, gift bags for our patrons. A big thank you to SCLA, Friends of the Seward Community Library for sponsoring the event. U11 Saturday, January 21', Murder Mystery Night at the library. This is a program for adults. You can sign up by calling or emailing the library. For more information please contact the library. Library hours Tuesday —Friday 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. Museum Summer Hours Tuesday — Saturday 11 a.m. — 3 p.m. (Winter Hours) We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. MA Parks & Recreation Admin Interviews for Deputy Director position being held this week. Currently recruiting for the following full- time year-round and seasonal FT & PT positions: o Deputy Director o Park Maintenance Technician o Executive Assistant o Seasonal Program Aides o Seasonal Winter Maintenance • Rotary Pavilion improvement project letter of support. • Annual Parks & Recreation event review & scheduling. • ALPAR program research and promotion to non -profits. • Exploring partnership with Seward High School regarding volunteer program. Maintenance & Campgrounds • Prep for delivery of unassembled picnic tables and fire rings. • Ongoing department -wide cleaning, organizing and inventory at all P&R sites. Prep for hazardous waste day haul January 215t • Christmas decoration take down and storage. • Two new mobile vendor locations added for 2023 season. • Campground Online Reservations will open April 3 @ 10am AKST • Opened up pavilions and ballfield for season reservations on 1/13/2023 • Seeking Campground Hosts for the upcoming season. • Researching Parking enforcement through T2 Luke pay stations. • Working on solutions to integrate CampSpot financial reporting to Accufund and add daily closeout procedures. Sports & Recreation *AVTEC gym now open 5 days a week! Hours are Tuesdays - Saturdays 10-8pm Please check our website or call Sports & Rec for the latest schedule: https://www.cityofseward.us/departments/parks-recreation 907-224-4054 New Rates (5 days a week availability) Yearly: Adult 18+: $180 year to date Youth 17-6: $80 year to date 5 and under: FREE Family Pass: (2 adults, up to 10 youth in household): $350 Seniors: FREE thanks to Seward Senior Center *passes are limited Punch passes: 12 punches: $40 6 punches: $20 *More activities to be schedule in February Daily Rate: Adult (18+): $5 Youth (17 - 6): $3 5 and under: Free Sauna Hours: Thursday - Tuesday: Men: 5-6pm Women: 6-7pm 18 Thursday nights: Open Basketball (16+): 6-8pm, $5 Chess Meet up: 6-8pm, FREE Friday nights: Open Volleyball (16+): 6-8pm, $5 Puzzle Battle: Saturday, January 21, 5-7pm, $15 per team 2-4 teammates Ages: 12+ Teams will battle each other to complete a 500 piece puzzle in 2 hours. First team to complete the puzzle will receive a prize. Sign up at Seward.recdesk.com *only 1 teammate needs to register per team. Archery Program at Cruise Ship Terminal: Tuesday nights thru March Beginner Youth Archery 4 week lessons: 5:30 - 6:15pm Availability for these sessions: Feb 7 - Feb 28 Mar 7 - Mar 28 Ages: 8-16 FREE, Sponsored by Youth 360 Register at Seward.recdesk.com *space is limited to 12 youth Youth Open Range 6:15 - 7:30pm ages 6 -16 *equipment is provided or youth can bring their own *range is supervised but not instructed *Guardians need to stay with youth during open range Adult Open Range: 7:30 - 9:00pm Punch passes can be purchased at Seward.recdesk.com 10 punches: $20 5 punches: $15 *Adults must bring their own equipment. No crossbows allowed. AVTEC USAGE and program numbers: December 29 - January 12: 160 check -ins Archery at Cruise ship terminal: 20 youth and 4 adults Upcoming Event: • Saturday, January 14th Skate night from 6-8pm. $3 entry includes skates. Past Event Highlight: • Community members attending our Grateful Skate event on November 191h brought in over 200lbs of non-perishable food items donated to He Will Provide Seward Food Pantry. Many thanks to all the community members who came to the event and donated items! 19 Public Works Department Doug Schoessler - Director ➢ Public Works Director • We are all returning from the holiday season and everyone seem to be scheduling meetings to get back on track with daily departmental duties and meeting with other agencies. • US Army Corp of Engineers -Tunnel: -The Corp plans to give us the latest details at the February meeting. We expect more site visits from their group soon to move through final design stages and start permitting, preconstruction efforts, and finally construction RFPs. • Federal FEMA and State Emergency Management work on next steps and reimbursement costs to be paid to the City: - All requested documentation has been turned in. We are still meeting with the FEMA team to answer any questions they have on the reimbursement billing of the Bear Mountain Landslide. • Public Works Facility Relocation: -Public Works, Administration, and other involved departments are meeting with engineers to determine road accesses, platting information, and site layout. A site survey was completed the 2nd week of January and will be added to the layout and design K ➢ Streets Department -Icy conditions all around has been a challenge for the Street crew. Our sand costs are starting out high for 2023. Hopefully it will even out in our budget with less snow removal and hauling efforts. ➢ Buildings -Decorations and lights will soon require many man hours to remove and store. Sidewalk around all buildings have required diligent care to keep them safe for all. ➢ City Shop Mechanics and operators are keeping the sanders and graders fixed and running through the heavy use time of sanding and scraping icy conditions brought on by recent rains and warm temperatures. ➢ Water & Wastewater Department -Some construction is already starting this season. Our locate requests are coming in steadily. -Water systems and alarms are all showing normal and being monitored daily to ensure water quality is above standards. -Monthly testing of water and wastewater systems is being done and submitted to DEC as required by the permits. - A repeating reminder to all residents not to flush wipeb feminine products, etc. down the toilet. Also, never put grease down the drain. Sewer clogs due to these items cost the sewer utility thousands of SS each year to fix the problems that could have been easily prevented. These losses of capital are to be reflected in monthly sewer service rates. ➢ Wastewater and Lagoon overview study: The third -party study was presented by R & M Engineering at the October 25 Council Meeting. • -The City was successful through Senator Murkowski and others in recently getting approved for $2,000,000 of funding for sludge removal on the City's sewer lagoons. This project is tentatively scheduled for 2025 depending on sludge buildup in the lagoons. There is also a 20% match on those funds that will have to be paid. -We are currently working on other grant or loan funding to replace the liner at that same time. The liner replacement will also require the use of a helicopter to lift out the biodomes and reinstall them on the new liner. -This will also be the time to make any upgrades to the air systems and blower components since all "in -lagoon" systems will have to be removed to install a new liner. Because the lagoon will have to be drained (one side at a time). We can capitalize on construction costs and efforts by installing new system upgrades at the same time. The new permits also added a disinfection requirement to be completed in the next 5 years. • -We are working on the funding and coordination of the many components and the planning efforts in the next few years will help make a successful project. Q City Clerk Report January 23, 2023 1. The 2023 applications for the high school student exchange program are available. Deputy City Clerk Kris Peck is working with the high school to make the applications available at the school and has uploaded the application to the city's website. 2. There will be a special election on February 14th for the Borough Mayor. Absentee in person voting in the city clerk's office starts on Monday, January 30th. If a run-off election is necessary, that will be on March 7th 3. The online business license portal was intentionally down for the day on January 1 lth to enable the Community Development Department to integrate/launch their new online short-term rental permit application. The STR permit application is now fully integrated into the business license application portal and operational. 4. The new Resources for Elected & Appointed Officials page is up and running on the city website under the Government tab. The page will continue to be expanded with content, and currently includes: • Roles & Responsibilities of Municipal Officials (AML training video) • Parliamentary Procedures (AML training video) • Ethics & Conflict of Interest (AML training video) • Open Meetings Act (AML training video) • Ex Parte Communications & the Quasi -Judicial Role (AML training video) 5. Recodification Project Update Completed: Title 1 Completed August 2022 Title 2 Portions updated throughout 2022 Title 3 Completed March 2022 Title 4 Competed January 2023 Upcoming: Title 2 ^Introduction January 23rd Title 5 Introduction pending feedback from admin re: potential for including improvement district language updates Title 6 Draft to finance for additional input; copy to attorney, admin Respectfully submitted, Brenda J. Ballou, MMC City Clerk M City of Seward, Alaska City Council Joint Special Meeting with P&Z Minutes January 9, 2023 Volume 42, Page CALL TO ORDER The January 9, 2023 joint special meeting of the Seward City Council and the Planning and Zoning Commission was called to order at 5:30 p.m. by Mayor McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. COUNCIL ROLL CALL There were present: Sue McClure, presiding, and John Osenga Mike Calhoon Kevin Finch Excused — None Absent — None PLANNING & ZONING ROLL CALL There were present: Clare Sullivan and Victoria Monaco Troy Staggs Excused — Verhey, Ulman Absent — None comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Liz DeMoss Randy Wells Robert Barnwell Nathaniel Charbonneau Brenan Hornseth Sean Ulma-a CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR CITIZEN COMMENTS Carol Griswold, inside the city, wished everyone a Happy New Year. She said the commercialization of neighborhoods needed to be balanced between making money with being as fair as possible to all. Principally residential zones should be more restrictive than principally commercial zones. She believed that multi -family housing units, including duplexes, that were located in principally residential zones should require owner occupation to be eligible for short-term rental, leaving the other units for long-term rentals. Griswold believed that new whole -house rentals 23 City of Seward, Alaska City Council Joint Special Meeting with P&Z Minutes January 9, 2023 Volume 42, Page should not be allowed in principally residential zones after the passage of this ordinance. She had sent an email with more detailed notes she wished council would consider. Doug Schoessler, inside the city, had been digging into some research recently on short-term rentals and had discovered these concerns were happening across the country and had been increasing over the past decade. One common issue he discovered across many communities was whole -house rentals in residential neighborhoods wherein there were increased noise and parking complaints. His home was in the Auto Commercial zone, and that afforded him a lot of flexibility. He wanted to protect that flexibility and the value it brought. He was concerned that this ordinance proposed to make restrictions on commercial zones, and he wished the focus would be placed more on residential zones; commercial zones should not be restricted to the same extent as residential zones. Mike Insalaco, inside the city, owned a rental unit downtown. He believed every community was struggling with housing regulations like Seward was, and he wondered what the best solution was. He asked council to be careful in their approach to regulating commercial zones; commercial properties paid taxes at a higher rate than residential and were valued higher. Ristine Casagranda, inside the city, owned commercial lots downtown that were vacant; she didn't appreciate that the city was potentially going to put a time constraint on developing property. She had plans for developing her properties, but needed time to work on her plans. Nicole Lawrence, outside the city, was generally supportive of this ordinance, with some exceptions. The housing market would continue to evolve, and natural attrition would have an impact; approximately 26% of nightly rentals were in residential areas, so restricting the growth in those areas would be beneficial. She didn't think it was fair to restrict business operations in commercial zones. Jackie Wilde, inside the city, didn't believe businesses should be restricted; that's what brought customers and people to the town. She thought short-term rentals in residential neighborhoods should be restricted, however, because people purchased homes in residential areas to have a neighborhood. She lived on a cul-de-sac and when her neighbors started having short-term rental businesses, it fundamentally changed the atmosphere of her neighborhood. COUNCIL AND P&Z APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Charbonneau) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. NEW BUSINESS 24 City of Seward, Alaska City Council Joint Special Meeting with P&Z Minutes January 9, 2023 Volume 42, Page Other New Business Committee of the Whole: Ordinance 2022-016, Amending Seward City Code; 15.10.140(b)(49) Definitions, Lodging;15.10.226(b) Land Uses Allowed, Modifying and Including Additional Regulations Relating to Lodging, Short -Term Rentals; and 15.10.226 Land Uses Allowed Table. Motion (DeMoss/Monaco) Motion Passed Go into Committee of the Whole to discuss Ordinance 2022-016, Amending Seward City Code; 15.10.140(b)(49) Definitions, Lodging; 15.10.226(b) Land Uses Allowed, Modifying and Including Additional Regulations Relating to Lodging, Short - Term Rentals; and 15.10.226 Land Uses Allowed Table. Unanimous Council and P&Z went into Committee of the Whole at 5:51 p.m. Council and P&Z came out of Committee of the Whole at 6:26 p.m. Motion to Amend (DeMoss/Osenga) Motion to Amend Passed CITIZEN COMMENTS Amend Ordinance 2022-016 by excluding all Central Business, Auto Commercial, and Harbor Commercial language in the proposed amendments and adjust the Land Use Table accordingly. Yes: Calhoon, Wells, Barnwell, Finch, DeMoss, Osenga, McClure No: None Jackie Wilde, inside the city, said she could circumvent the city code in less than five minutes; she asked what the enforcement process would be to ensure compliance. She wondered how the city would prove that the business was actually occupied by the owner. Wilde said ordinances should protect everyone, not just a few; the code language should be strong enough to prevent circumvention. It wasn't enough for the city to have policies; the language needed to be in code. She suggested the ordinance be revised to provide some measures of having owners prove their residence. She said this ordinance would not stand the test of time because there were no teeth in the city code; where there were no penalties, there would be no compliance. She stated that the term "grandfathered" did not exist in code, so it had no bearing. Ristine Casagranda, inside the city, said if council was going to consider putting caps on short term rental, she wanted to see caps by zone. 4i City of Seward, Alaska City Council Joint Special Meeting with P&Z Minutes January 9, 2023 Volume 42, Page Doug Schoessler, inside the city, thought the city should be careful when considering having a cap, and suggested council consider including Office Residential in the amendment they made to the ordinance. Carol Griswold, inside the city, didn't believe that council accomplished what they intended to accomplish; she was disappointed that Office Residential was not included in the amendment and suggested it was discriminatory. She said it would be fair and adjust code to allow one short term rental in an owner -occupied four-plex while requiring the remaining three units to be long term housing. As well, she said duplexes were not included in this ordinance. Griswold said non -owner - occupied whole -house rentals should be allowed in all commercial zones. She said definitions needed to be addressed: bed and breakfast should refer to short term rental, and there should be a definition added for long term rental. She wondered where the policy was that was guiding the reference to a business operating for "60 days"; had this been vetted with the Internal Revenue Service (IRS). She said there were policy statements that appeared to be guiding this ordinance, but the policies were nebulous and important. Nicole Lawrence, outside the city, thought the amendment was good, but thought that Office Residential should be included in the amendment. Office Residential was predominantly commercial, and it was discriminatory to exclude it. She agreed there needed to be some teeth for enforcement; she was aware of lodging businesses that were operating with a permit, but illegally. She understood how those were getting through the city's system and offered to provide the city with her understanding of where the blind spots were in the lodging permit application process. COUNCIL, PLANNING & ZONING, AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS Calhoon said they weren't done yet. Osenga thanked everybody. Finch appreciated this session with P&Z and hoped there could be more j oint meetings like this in the future. ADJOURNMENT The meeting was adjourned at 6:57 p.m. Brenda Ballou, MMC City Clerk (City Seal) Sue McClure Mayor K City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page CALL TO ORDER The January 9, 2023 regular meeting of the Seward City Council was called to order at 7:10 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Mike Calhoon Kevin Finch comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Clerk Excused — None Absent — None Liz DeMoss Randy Wells Robert Barnwell CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/DeMoss) Approval of Agenda and Consent Agenda McClure moved Resolution 2023-001 up on the agenda to be taken up as the first public hearing item; there was no objection from council. Calhoon removed Resolution 2023-006 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the December 12, 2022 City Council Regular Meeting Minutes. Ordinance 2023-001, Amending Seward City Code Chapter 3.50.010 to Recognize Easter as a Paid City Holiday for Regular Full-time and Regular Part-time Employees. This ordinance was 27 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page introduced tonight and will come for public hearing and enactment on January 23, 2023. Resolution 2023-007, Authorizing The City Manager To Execute R&M Engineering Task Order No. 2734.28, Completing Required Survey Work And Creating Utility Easements Within Tracts IA And 1B, Waterfront Tracts, Mariculture Addition, In The Amount Of $28,184 And Appropriating Funds. Resolution 2023-008, Authorizing the City Manager to Approve R&M Engineering Task Order 2734.27.01 for Engineering Services to Design Water and Sewer Main Extensions on Ballaine Boulevard, and Appropriating Funds. Approving the continuation of the Port & Commerce Advisory Board for 2023. Approving a letter of support for the recertification of the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) and authorizing the mayor to sign on behalf of council. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Recognizing Karen Corrigan for achieving the designation of Certified Administrative Professional (CAP). 2023 Polar Bear Jump Off Festival Proclamation. City Manager Report City Manager Janette Bower said her report was in the packet. McClure continued to get compliments about the holiday lights. Harbormaster Norm Regis commended Jim Gudobba for his quick response and assistance in safely rescuing three young ladies form the harbor waters last week. Bower said there would be status update on the animal shelter and the Jesse Lee Home Memorial property at the next meeting. City Clerk Report City Clerk Brenda Ballou said she provided a report tonight as a laydown. The report included information about the upcoming borough special election for borough mayor, as well as some year end 2022 statistics and a summary of upcoming items that would be going to council. City Attorney Report City Attorney Brooks Chandler said Happy New Year. December had been a fairly 28 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page standard month for his firm. His firm drafted a purchase and sale agreement for the sale of land to the US Coast Guard. He had been working extensively with electric manager Rob Montgomery on the due diligence process with Homer Electric Association in preparation for the potential sale of the electric utility; the due diligence process should be wrapped up by Friday this week. Other Reports and Announcements — None Presentations Presentation from Aviva Braun from the National Oceanic and Atmospheric Administration (NOAA) on the City of Seward's Tsunami Ready and Storm Ready Community Designations. PUBLIC HEARINGS Resolution 2023-001, Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska, To Amend Articles 3, 6.1, 11.2 And 12.3, And Extending The Term Of The Lease For 17 Years, And To Add Two Five Year Options To Extend. Motion (DeMoss/Osenga) Approve Resolution 2023-001 Bower said she received the question about why the approval of this lease transfer was going to city council, and explained the reason was because this business was on city -owned land. Regis said he received a request from the Mindenburgs to transfer the lease to ZPA, LLC and was bringing forward all the pertinent documentation. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Kelly Ann Cavaretta, inside the city, said in her opinion, ZPA, LLC appeared to have the resources necessary to take over the Breeze Inn. Her fear was what would happen to the Breeze Inn if it were not sold; it may not continue to operate. She did not believe the popularity of the parties involved should have any bearing in this lease transfer. Nicole Lawrence, outside the city, wished to speak on behalf of her clients, the Mindenbergs. The Mindenbergs chose to sell their business to ZPA, LLC and had full confidence in ZPA's ability to run the business. There had been many potential buyers, and the Mindenbergs believed that ZPA, LLC would serve the community well. Henry West, outside the city, was a current employee at the Breeze Inn. His biggest fear with this lease transfer was that one person would own the majority of the restaurants in the harbor. 29 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page At any point, the owner could sell out to a cruise ship company and then Seward would turn into a cruise ship town like Skagway and Ketchikan. Valerie Swinson, inside the city, was an employee at the Breeze Inn and said there had been talk amongst the employees about their concerns; several of the employees said they would resign, and this made her worry that the business would be short-staffed this summer and unable to operate effectively. She said employee concerns related to how paychecks, overtime, and tips would be handled and that there was no guarantee that the Breeze Inn would stay open year round. Tim Scheurer, outside the city, was a current employee at the Breeze Inn. He worried about potential changes that could happen at the Breeze Inn; he had health insurance right now and wondered if that would continue. He also worried that it might not be kept open year round. Libby Ferrara, outside the city, was concerned that this was leading toward a potential monopoly of restaurants in town being owned by one person; it seemed like all the eggs were being put in one basket. Bucky Walt, inside the city, had seen a lot of businesses change hands over the year; he didn't support this particular lease transfer. Tara Swanson, outside the city, thought this was a legally complicated situation. Rather than being concerned about a monopoly, she was more concerned with ZPA's ability to operate a business safely and appropriately. She said visitor reviews online for other ZPA businesses were terrible. Patrick Lewis, outside the city, was concerned with ZPA's ability to run this business. The Breeze Inn was too important a property to allow it to be run by someone lacking ability. Harrick Sullivan, outside the city, said ZPA owned many businesses in town and their reputation was telling. ZPA owned enough businesses to have an impact on the supply of Seward's restaurants; putting all the eggs in one basket could potentially expose the community to damage down the road. Casie Warner, inside the city, said the Breeze Inn was a staple in the community and she thought it was clear by the number of people who were speaking up that it was not in the community's best interest to transfer this lease. The Breeze Inn provided year round work for employees. Wanice Cowles, inside the city, visited local restaurants often; she believed ZPA would be incapable of successfully running the Breeze Inn. Ristine Casagranda, inside the city, represented ZPA, LLC as the realtor. She had known the owner of ZPA personally for many, many years and she had enjoyed a professional and respectful relationship with him. She had watched him grow his businesses over the years and was impressed with the 40-plex housing facility that he built for his employees. She had faith in ZPA's 30 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page ability to run the Breeze Inn. Casagranda asked everyone to open their minds and their hearts to recognizing the good things that he was doing. Benjamin Kemper, outside the city, had been working at the Breeze Inn for the last 15 years. He worked hard and was concerned about what the future might hold if this lease was transferred. Marc Swanson, outside the city, said in a small town when one person owned a lot of businesses, that person became the face of the community. He urged council to look at the reviews and customer comments for ZPA businesses and then ask themselves if that was the face they wanted for the community. Sol DeMoss, inside the city, said a lot of ZPA's businesses were run seasonally and employed a lot of J-1 workers; to him, this indicated that all the revenues were leaving the community. He thought it would be in the community's best interest to have the Breeze Inn continue to operate year round and they should employ locals. No one else appeared and the public hearing was closed. Osenga was concerned about potentially creating a monopoly; he didn't believe it was healthy for the town. Finch thanked everyone for coming out tonight. He believed council's j ob was to protect the citizens and the economy year round; he believed this lease transfer could negatively affect local housing, economy, and residents. He was not comfortable with this lease transfer. Wells wondered what ZPA's history with the city had been like, if the LLC was operating up to code, and what interactions between the city and ZPA had been like historically. In response, Regis said this was a new LLC and it was currently up to date with the city. Wells restated his query to ask, for all the properties owned by this owner throughout the city, and more specifically the Van Gilder, what was the status of compliance with the city. Fire Chief Clinton Crites said he had worked with the owner of ZPA over the past four years; currently, all the businesses were complaint with the city, except for the Van Gilder. DeMoss thanked everyone for speaking up tonight. She reminded everyone that this lease transfer needed to be in the community's best interest. Finch was concerned with the business practices being described by the citizens tonight. He wanted to do the best thing for the year round locals. Wells stated there was recently a sign installation attempt at the Marina Motel wherein the dig had resulted in a water line break; he asked for an update on that situation. Bower said there was a water line break caused by the dig for which the city issued an invoice for labor and fines, and as of last week all fees and fines for that damage had been paid by the business owner. Wells wondered if the proper permits had been in place and if a locate had been requested before the sign installation 31 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page work began. Crites said there was a building permit issued two or three years ago for the sign that had included an architectural rendering of how the sign would be installed. Public Works Director Doug Schoessler said the dig was in a state right of way and there had not been a current dig permit in place issued by the city or the state. Barnwell appreciated the public coming out to speak tonight. He was concerned that the business owner was not present at tonight's meeting, that none of ZPA's employees came forward to speak in his favor, and that the public testimony had not been positive. He worried about how ZPA's other businesses were being run; council had the responsibility to make sure this lease transfer was done right. Finch said that because this was on city -owned property, if something bad happened, the city could be held liable. Calhoon thanked everyone for speaking on both sides of this issue; getting all the information possible was always a good thing. He reminded council to keep emotions out of this decision, and think through the possible ramifications of their decision. In a town this size, he wondered if this lease transfer was in the best interest of the community. Regardless of how good a business person anyone was, allowing one business owner to dominate certain industries was something to consider. McClure said having one person own so many businesses in a small town was a monopoly and was problematic; Seward was a tourist town and tourists paid attention to what they saw and participated in. The people of the city owned the land for this lease; tonight's issue was to determine what was in the best interest of the community. Motion Failed Unanimous Council recessed the meeting at 8:14 p.m. Council resumed the meeting at 8:21 p.m. Ordinances for Enactment Ordinance 2022-016, Amending Seward City Code; 15.10.140(b)(49) Definitions, Lodging; 15.10.226(b) Land Uses Allowed, Modifying And Including Additional Regulations Relating To Lodging, Short -Term Rentals; And 15.10.226 Land Uses Allowed Table. This ordinance was introduced on November 28, 2022 and was postponed in order to have a joint special meeting with the Planning & Zoning Commission to further analyze and discuss the details of this ordinance. Earlier this evening council had a joint special meeting with P&Z in a Committee of the Whole to discuss this ordinance. There was one amendment made to the ordinance when they came out of Committee of the Whole. The original motion to enact was made by DeMoss and seconded by Wells; the main motion is back on the floor. McClure asked that the amendment made earlier tonight at the special meeting be read aloud for the public. City Clerk Brenda Ballou stated the amendment was to exclude all language related to Auto Commercial, Harbor Commercial, and Central Business for the entire ordinance of the proposed amendments and to adjust the Land Use Table accordingly. W City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Kelly Ann Cavaretta, inside the city, thanked everyone for the work that went into this ordinance. Her home was zoned Urban Residential and that had been an intentional decision on her part because she wanted the flexibility that came with that zone. She was aware of the housing crisis in Seward, and was happy to see work being done to address the problem. She believed there was a need to curb people from buying homes purely as investment properties inside city limits; however, it needed to be done in a manner that was fair and equitable to existing homeowners who had invested their life savings into their properties. Cavaretta proposed an idea: for existing property owners, whether the property was developed or not, the current zoning should be grandfathered in; then any new purchase or sale after the passage of this ordinance would be done under the new zone. Nicole Lawrence, outside the city, said the amendment left out Office Residential, which was an important part of the principally commercial district. There was one item related to the amendment that she wanted to expand on: in a commercial district, for a multi -family property that was not operating as a short-term rental and was purchased, the purchaser had to wait for four years to apply for a short-term rental permit. Lawrence thought this was a great rule, but by doing the amendment, the result was that this rule would be eliminated. She believed this rule would be good to keep because it would provide some protection for long term renters so that a new buyer could not kick them out to switch to a short term rental business. Doug Schoessler, inside the city, also thought Office Residential should be included in the amendment. He appreciated the suggestion made to grandfather in the original zone for existing property owners. He also encouraged council to further investigate the idea of setting caps. Nicole Lawrence, outside the city, said Urban Residential was the zone that would be most affected by this ordinance. 26% of short term rentals were located in Urban Residential zone; city code dictated that Urban Residential was principally residential. Lawrence said under the current circumstances, Urban Residential would be the most negatively affected. No one else appeared and the public hearing was closed. Motion to Amend (Calhoon/Wells) Amend Ordinance 2022-016 by excluding all Office Residential language in the proposed amendments and adjust the Land Use Table accordingly. DeMoss supported this and said things could be fine-tuned in the future as Seward continued to grow. Motion to Amend Passed Unanimous Finch wondered how to address putting a cap on short term rentals. Osenga suggested taking up to topic of setting a cap at a future meeting, separate from this ordinance. In response to McClure, 33 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Bower said a cap discussion would go through the Planning & Zoning Commission and then come to council for consideration. Barnwell wondered what could be done to put some teeth into this ordinance. Bower said there had been a fine established for code violations in Title 1 when it was updated in 2022. Bickling said he pursued compliance through his office, and sometimes had to use the city attorney; compliance processes required a significant amount of time and dedication, but Bickling had had success with his efforts. Main Motion Passed Unanimous Ordinance 2022-017, Amending Seward City Code Title 4 — Elections. Motion (Osenga/DeMoss) Enact Ordinance 2022-017 Ballou stated this ordinance would bring Seward's code up to date as part of the recodification effort. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Amend (McClure/Calhoon) Amend Ordinance 2022-017 in Section 4.01.035 by striking "30 days"' and replacing it with "60 days"'. In response to McClure, Ballou said this amendmentwould allow forproperpublic noticing. Motion to Amend Passed Motion to Amend (McClure/DeMoss) Unanimous Amend Ordinance 2022-017 in Section 4.05.020 under items (c) and (d) by striking the words "non -code ordinance" and replacing it with "resolution". In response to McClure, Ballou said Seward was a Home Rule municipality and was not required to pass a non -code ordinance to put forward a ballot proposition. Chandler said it was council's choice to use a non -code ordinance or a resolution. Motion to Amend Passed Motion to Amend (McClure/Osenga) Unanimous Amend Ordinance 2022-017 in Section 4.01.010 under the definition for Questioned Voter by striking the words, "...a voter who has received an absentee ballot and does not turn it in when voting at his/her precinct on election day...". 34 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page In response to McClure, Ballou said a voter could receive an absentee by mail ballot, but the voter was under no obligation to return that ballot by mail; the voter could change their mind and vote absentee in person, or in person on election day. There were appropriate mechanisms in place to determine if a voter had voted more than once. Finch asked for an explanation on the mechanisms that were in place to prevent a voter from voting by mail as well as in person. Ballou said the voter register was marked for the election board to show that a voter had already voted absentee in person or absentee by mail; that let the election board know who already voted. Motion to Amend Passed Main Motion Passed Unanimous Unanimous Ordinance 2022-018, Amending The Land Use Plan To Rezone Lot AT, Forest Acres Subdivision, Located At 2607 Dimond Blvd, From Rural Residential (RR) Zoning District To Resource Management (RM) Zoning District. Motion 0 Enact Ordinance 2022-018 City Planner Courtney Bringhurst said this rezone was requested in order to accommodate a boat storage and repair business which was not allowed in a Rural Residential zone. Rezoning this particular property to Resource Management would be a solution and would not be considered spot zoning because the properties to the north and east were already zoned Resource Management, and city code allowed for the rezoning of land less than one acre. As well, the adjacent properties were at the same elevation, which lent to being in a flood area which was not suitable for developing for housing. Bringhurst recommended this rezone be approved. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2023-002, Authorizing The City Manager To Enter Into And Execute The Purchase And Sale Agreement And Related Documents With The US Coast Guard For The Sale Of 1.576 Acres Of Lot 2A-1 Block 9 Fourth of July Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Coastal Lot Replat, Seward Recording District, Third Judicial District, State of Alaska for Four Hundred Twenty -Nine Thousand Seven Hundred and Fifty Dollars ($429,750). Motion (DeMoss/Calhoon) Approve Resolution 2023-002 m City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Regis said this had been a long process with the US Coast Guard, and Senator Sullivan had helped a lot. Regis said when the land transfer happened, the city would take ownership of the USCG building on X Float Road. Bower commended Regis for his work on this long term project. Notice ofthe public hearing beingposted and published as required by law was noted and thepublic hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolution 2023-003, Authorizing The City Manager To Sign A Consent To Assignment To Jag Alaska Inc., Of Lease Agreement L09-126 With Alaska Logistics LLC, For Lot 2, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough And Recorded As Plat No. 97-108 In Seward Recording District, Third Judicial District, State Of Alaska. Motion (Osenga/DeMoss) Approve Resolution 2023-003 Regis said Alaska Logistics requested to transfer their lease to Jag Alaska across the bay at the Seward Marine Industrial Center (SMIC). Jag planned to use the property to expand their operations. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. DeMoss said in her understanding, whenever older city leases granted for 99 years came before council for consideration, as this lease transfer was coming tonight, council's goal was to amend it to a 30 year lease. Motion to Amend (DeMoss/Calhoon) Amend Resolution 2023-003 in the lease agreement by striking "99 years" and replacing it with "30 years plus two 5-year extensions". Regis concurred and said council had decided some years ago that the city would no longer issue 99-year leases, and any time a lease came before council, the lease should be amended to be on a level playing field with all the other leases. Motion to Amend Passed Unanimous Barnwell wondered how Jag was addressing employee housing concerns. Regis said Jag had purchased the old chicken farm near Bear Creek and built a bunkhouse to use for employee housing; they also owned other employee housing properties in town. Main Motion Passed Unanimous Ki. City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Resolution 2023-004, Recognizing The 2023 City of Seward Harbor Tariff. Motion (DeMoss/Osenga) Approve Resolution 2023-004 Regis said the harbor tariff was being updated for Consumer Price Index (CPI). Following council approval, he was required to submit the tariff to the Federal Maritime Commission (FMC). Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolution 2023-005, Adopting the Calendar Year 2023 City of Seward Tariff. Motion O Approve Resolution 2023-005 Bower said the tariff was being updated for water, sewer, and electric by 2.1% CPI. Notice ofthe public hearing beingposted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Resolution 2023-006, Amending the City of Seward 2023 Fee Schedule, Adding a Short -Term Rental Permit Fee of $50 to the Community Development Fees. Motion (Osenga/DeMoss) Approve Resolution 2023-006 Bickling said a standard industry practice for permit fees to equate to one night's rental. This fee would be charged for each unit that was permitted; for example, a five unit plex would be charged $250 each year, and a bed and breakfast in a house would pay $50 per year. Calhoon said the lodging businesses in town created a lot of revenue and had to compete with lodging businesses outside city limits that were not required to pay the same fees. Calhoon did not support adding another fee to lodging businesses in town when they already paid a $30 life safety inspection fee and a $30 business license fee. Osenga wondered what the purpose of this fee was. In response, Bickling said the city paid over $6,000 per year to Harmari for their compliance services, and the Community Development 37 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Department was also launching an online permit application for short-term rentals; the review process for short term rentals was time consuming. Bickling said the intent was not to make money, but to offset some expenses. Motion Passed Yes: Barnwell, Osenga, Finch, McClure No: DeMoss, Calhoon, Wells Other New Business Set the timing for the 2023 annual evaluations for the city attorney, city clerk, and city manager; Mayor appoint two council members as the Tabulation Team for each evaluation. Council set the annual evaluations as follows: City Clerk February 13, 2023 McClure, Wells City Manager February 27, 2023 Osenga, Finch City Attorney March 13, 2023 DeMoss, Barnwell McClure directed council to submit their completed evaluations on paper, no later than the Friday preceding the council meeting at which the evaluations would be conducted, and to turn in the completed evaluations at the Human Resources office. INFORMATIONAL ITEMS AND REPORTS Boards and Commissions Minutes Port & Commerce Advisory Board (PACAB) minutes from the September 7, 2022, October 5, 2022 and November 2, 2022 PACAB Meetings. Historic Preservation Commission minutes from the October 13, 2022 HP Meeting. Other Items Providence Financials for October & November, 2022. CITIZEN COMMENTS Ristine Casagranda, inside the city, wished to speak on behalf of her client, ZPA, LLC. She said not all the testimony given tonight had been factual, and that ZPA had fixed up every property it had purchased. She said the water line break happened because ZPA's contractor started doing the work without notifying ZPA prior to digging; the contractor should have been held responsible, but ZPA had paid the bill. Casagranda asked council to reconsider this resolution. Regarding the Van Gilder Hotel, the only item that was out of compliance was the windows, and those windows were on the building when the hotel was purchased; the window repairs had been delayed due to COVID- 19. She implored council to think about how their decision was made and the effects it would have. 38 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page Callie Bacon, inside the city, wished to speak on behalf of the Mindenbergs. The Mindenbergs had been successful business owners of the Breeze Inn and had employed Seward locals for over 30 years. The property had been on the market for over eight months and a lot of expenses had already been incurred by both parties. The Mindenbergs had selected ZPA to purchase the property. She urged someone on council to reconsider the ordinance and give the Mindenbergs a chance to retire. Nicole Lawrence, outside the city, spoke on behalf of the Mindenbergs. The Mindenbergs purchased the Breeze Inn in 1978; they took a small run-down hotel and turned it into a 100-room hotel that was an asset to the community. Juris Mindenbergs put his blood, sweat, and tears into a place where people would want to stay and work. The only viable offer came from ZPA. The only reason the Breeze Inn was successful was due to the loyalty of the staff. ZPA committed to the Mindenbergs that he would treat his staff properly and with respect. If the city denied this lease, the Mindenbergs would suffer great financial hardship. Lawrence said ZPA had presented himself throughout this transaction with respect. She thought council's action tonight was discriminatory. Nate Smith, outside the city, said what tonight's meeting told him was that 30 citizens could march into council with their opinions about how they didn't like a certain person, and council would say it was in the best interest of the community. He thought this decision could end up in litigation, and the city would use tax dollars to pay for that litigation; he didn't want his tax dollars to pay for litigation. He thought the public comments tonight demonically lambasted the business owner, and suggested that some back -room deals had been made with council. Smith said he knew that council had had a meeting with the city attorney, and the attorney had advised council on what to say; everything was well -worded and well -rehearsed to say the decision was made because the people had spoken. He said the city got their money's worth out of the attorney. Smith said if council had to give depositions about back -room deals they made, they would be in a lot of trouble. He wondered if the next buyer would be character -assassinated as well. He said he didn't know where this was headed, but he thought it set a precedent. The next time he wanted something done, he was going to march 30 people into council and council had better do it for the people. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Barnwell said this was an emotional issue, and he was sorry that not everyone was comfortable with council's decision. He resented the suggestion that council made any back -door deals; he didn't observe anything to suggest that kind of thing. He said council worked hard to have integrity and he believed they tried their best. DeMoss appreciated Barnwell's comments. She said it was very important to her that she be honest and transparent and that her participation in council was open. In response to the citizen who suggested back -door deals, she said there were no back -door deals going on. She said this council was extremely honest and transparent and worked very hard to listen to the community and make decisions based on what they believed was best for the health of the community. DeMoss respected all the people who testified at the meeting tonight; there were a lot of other people who did not speak because they feared retaliation. She was pro -business and pro -growth for Seward, and was sorry the transaction was not working out for the realtors because she knew there would be financial loss. She 39 City of Seward, Alaska City Council Meeting Minutes January 9, 2023 Volume 42, Page said since she started her business 15 years ago, she recognized that not all business was good business. Osenga wished everyone a Happy New Year. The Polar Bear Jump Off Festival would be this weekend; enjoy and support the activities. He thanked NOAA for the readiness recognition. He said he had no back -room or back -door talks, he did not speak to any lawyer or the city attorney about his decision, and he came to tonight's meeting with an open mind. McClure thanked everyone who came out and spoke their minds tonight. She said every decision council made would have pros and cons to different people; that was the burden council carried as elected officials. She said some of council's decisions were agonized over a lot. ADJOURNMENT The meeting was adjourned at 9:43 p.m. Brenda Ballou City Clerk (City Seal) Sue McClure Mayor 40 Ordinance 2023-002 Amending Seward City Code Title 2 — Administration Documents: • Agenda Statement • Ordinance 2023-002 to City Council Agenda Statement Meeting Date: January 23, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-002: Amending Seward City Code Title 2 — Administration Background and Justification: The purpose of this ordinance is to complete the update for Title 2 part of the city's recodification effort. In 2022, several ordinances were enacted to amend portions of Title 2, and this ordinance is intended to update the remaining portions. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, DH = Department Head, Clerk=City Clerk) Code Citation Source Amendment 2.01.015 Atty Strike entire section; the city is required to have WC insurance by state law; no need to address this in city code. 2.01.020 b 18 Atty, Mgr New item referencing a Charter provision. 2.05.030 Atty Updating in accordance with AS 40.25.122 2.10.010 Atty Strike entire section; already covered by Charter 2.2. 2.10.015 Atty Strike entire section; already covered by Charter 3.1 and 3.2. 2.10.051 Atty Strike entire section; already covered by Charter 3.5. 2.10.056 B Clerk Items 1 and 2 striken; already covered in Charter 2.13. 2.10.066 Clerk Added additional items to the Order of Business 2.10.110 Atty Strike entire section; already covered by Charter 3.7. 2.15.010 Atty Language added to cover giving direction in executive session as allowed under the Alaska Open Meetings Act. 2.15.015 Atty, Clerk Clarifying language added. 2.15.040 Atty, Clerk Clarifying language added. 2.20.010 Atty Strike entire section; already covered by Charter 5.3. 2.20.015 Mgr Strike entire section. 2.20.020 Atty, Clerk Strike entire section; already covered by Charter 2.6. 2.20.030 Atty, Clerk Strike entire section; AML/1IA confirmed in writing that the city manager bond is no longer necessary. 2.20.035 9 Clerk Updating reference to code, per Ord 2021-001. 2.20.035 10 Mgr Updating reference to code. 2.20.040 (1) Clerk Clarifying language added. 2.20.045 (10) & 11 Atty, Clerk Confusing language deleted. 2.25.030 Mgr, DH, Atty, Clerk Strike entire section to eliminate "Engineering and Construction Department". 2.25.035 Mgr, DH, Atty, Clerk Strike entire section to eliminate "Engineering and Construction Department". 2.25.030 Mgr, DH, Create new section for Building Department. E,K Atty, Clerk 2.25.035 Mgr, DH, Create new section for Building Department. Atty, Clerk 2.25.037 DH, Atty, Mgr Updating language as appropriate; adding new language for Building Official. 2.25.040 Atty, Clerk Striking language that refers to a deleted portion of code. 2.25.050 Atty, Clerk Striking language that refers to a deleted portion of code. 2.25.055 DH, Atty Updating language for Fire Department. 2.25.065 DH, Atty, Clarifying language added. Clerk 2.25.070 Mgr Updating title from manager to director. 2.25.070 Atty, Clerk Striking language that refers to a deleted portion of code. 2.25.085 (11) & DH, Atty Updating language as appropriate. 12 2.25.090 Atty, Clerk Striking language that refers to a deleted portion of code. 2.25.095 DH, Atty Updating language as appropriate. 2.25.150 Clerk Clarifying language added. 2.25.155 Clerk Clarifying language added. 2.25.160 DH, Mgr, Atty, Clerk Create new section for Information Technology Department. 2.25.165 DH, Mgr, Create new section for Information Technology Department. Atty, Clerk 2.30 Article 1 Atty, Clerk Strike but Reserve. 2.30.100 Atty, Clerk Strike entire section. 2.30.310 Article Clerk Updating for consistency with Article 2 updates made in 2022. 3 2.30.320 a Atty Clarifying language added. 2.30.320 c Atty Strike a portion of language; already covered by AS 44.62.310. 2.30.325 Atty, Clerk Updating language as appropriate. 2.30.330 Atty, Clerk Strike entire section; assume the continuation of PACAB is no longer in uestion. 2.30.410 Article Clerk Updating for consistency with Article 2 updates made in 2022. 4 2.30.410 Clerk Add new footnote to explain what "36CFR 61" means. 2.30.420 Atty Strike a portion of language; already covered by AS 44.62.310. 2.35.010 Clerk Clarifying language added. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. Strategic Plan: Other: 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: $ Has no fiscal impact Funds are (✓): 43 Budgeted Line item(s): Not budgeted Not applicable Finance Signature: Attorney Review Yes Attorney Signature: Not applicable Comments: N/A Administration Recommendation e✓ Adopt Ordinance Other: 44 Sponsored by: City Clerk Introduction: January 23, 2023 Public Hearing: February 13, 2023 Enactment: February 13, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 2 — ADNIINISTRATION WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS, in 2022, council enacted several ordinances to update portions of Title 2, including: 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; Ordinance 2022-009, Amending Seward City Code Section 2.25.045 Finance Department; and, Ordinance 2022-011, Amending Seward City Code Chapter 2.10 City Council To Integrate The Rules From The City Council Rules Of Procedures And To Provide For Clarifying Amendments; and WHEREAS, this ordinance is focused on the remainder of Title 2 — Administration and reflects input from the city manager (including department heads), city attorney, and city clerk and will complete the recodification for Title 2. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 2 — Administration is hereby amended as follows: (Deletions = Bold ; Additions = Bold Italics Underlined.) TITLE 2 - ADNIINISTRATION Chapter 2.01. - General Provisions 2.01.010 - Injuries to persons and property. (a) Any employee of the city involved in any occurrence resulting in injury to property or persons other than city property or city employees, or any city employee witnessing such an occurrence, shall: El SEWARD, ALASKA ORDINANCE 2023-002 (1) Immediately secure or provide emergency care for injured persons in the same manner as would an average prudent person; (2) Immediately secure or provide emergency warning devices to prevent further injury to property; (3) Immediately thereafter report such occurrence in writing to the chief of police on forms provided by the city and including any additional information he may require; (4) In case of serious injury, verbal notice shall be given immediately to the city manager; and (5) The complete report describing in detail the above -stated elements of a potential claim against the city and including names and addresses of witnesses shall be referred to the city manager and the city clerk. (b) No employee of the city may acknowledge liability in damages for injury to persons or property- (c) Any occurrence involving injury to both a city employee and city property and to persons other than city employees or other than city property shall be reported and processed in compliance with the procedures applicable to both worker's compensation and public liability insurance and the foregoing. .. . .. . . .. . . . . .. . . . .. . . . . . 2.01.020 - Conflict of interest. (a) For the purposes of public disclosures required by this section, "municipal officers" shall include the mayor, councilmembers, the city manager, and Seward planning and zoning commissioners. These municipal officers shall be required to complete the financial disclosure statement form, as prescribed and approved by resolution by the city council, when initially applying for a vacant elected or appointed position, and annually thereafter so long as they hold the position. A city manager shall file the disclosure statement within thirty (30) days after the first day of employment. (b) Code of ethics for municipal officers. 1. For purposes of this section "city municipal officers" shall include the mayor, council members, city manager, city clerk, city attorney, and Seward planning and zoning commissioners. 2. City municipal officers, while acting in such capacity, shall not knowingly make false statements to influence official action. 3. City municipal officers shall not seek office or position or use their office or position for the purpose of obtaining anything of value for the official, an immediate family member, or a business owned by the council member or in which the council member holds an ►R SEWARD, ALASKA ORDINANCE 2023-002 interest, or for the purpose of influencing any matter in which the council member has a substantial financial interest. 4. City municipal officers shall not use the implied authority of office or position for the purposes of unduly influencing the decisions of others or promoting a substantial personal interest within the community except when discussing in a public meeting a matter before the body. Municipal officers shall refrain from using their title except when duly representing the city in an authorized capacity. Unless expressly authorized to represent an official position of the city or a body of the city, municipal officers shall refrain from implying their individual representation is that of the City of Seward by the use of their title. 5. City municipal officers shall not, for compensation, represent or assist those representing private business or personal interests before the city council, administration, or any borough board, commission or agency. Nothing herein shall prevent a municipal officer from making verbal or written inquiries on behalf of constituents or the general public to members of the city council or from requesting explanations or additional information on behalf of such constituents. No municipal officer may solicit or accept a benefit or anything of value from any person for having performed this service. 6. City municipal officers may not disclose information they know to be confidential concerning employees of the city, city property, city government, or other city affairs, including but not limited to confidential information disclosed during an executive session, unless authorized or required by law to do so. 7. City municipal officers may not engage in business or accept employment with, or serve as a state elected or appointed official or render services for persons where that activity, office, or position is incompatible with the proper discharge of the municipal officer's duties or would tend to impair the municipal officer's independence of judgment in performing their duties. 8. For one year after leaving office, city municipal officers shall not hold any compensated city office or employment that was created, or the salary or benefits of which were specially increased, in a vote by the council during the last year the member was in office. 9. City municipal officers shall not accept a gratuity from any person engaging in business with the council or having a substantial financial interest in a decision pending with the city. No municipal officer shall give a gratuity to another municipal officer for the purpose of influencing that person's opinion, judgment, action, decision, or exercise of discretion as a council member. This subsection does not prohibit accepting: a. A meal of reasonable value; b. Discounts or prizes that are generally available to the public or large sections thereof, c. Gifts presented by an employer to its employees in recognition of meritorious service, or civic or public awards; d. A lawful campaign contribution made to a candidate for public office; e. An occasional gift of insignificant value; f. Any gift which would have been offered or given to the officer even if the officer were not a municipal officer. 47 SEWARD, ALASKA ORDINANCE 2023-002 10. City municipal officers may not use, request or permit the use of city vehicles, equipment, materials or property for any non -city purpose, including but not limited to private financial gain, unless that use is available to the general public on the same terms or unless specifically authorized by the council. This subsection does not prohibit de minimis personal use. 11. An employed municipal officer may not take an active part in a non -city sanctioned political campaign or other political activity when on duty. Nothing herein shall be construed as preventing such municipal officers from exercising their voting franchise, contributing to a campaign or candidate of their choice, or expressing their political views when not conspicuously representing the city. Similarly, any municipal officer may not take an active part in a political campaign or other political activity during an official meeting. 12. City municipal officers are strongly encouraged to dress in business casual attire at council meetings. Business casual is defined as relating to or denoting a style of clothing that is less formal than traditional business wear, but is still intended to give a professional and businesslike impression. 13. City municipal officers may not place items on the dais in such a manner as to outwardly display to the public anything of an ideological nature. Ideological is defined as based on or relating to a system of ideas and ideals, especially concerning economic or political theory and policy. 14. City municipal officers may not attempt to influence another municipal officer's vote or position on a particular item through contact with the municipal officer's employer or by threatening financial harm to another municipal officer. 15. A city manager who has or may have a substantial personal or substantial financial interest in an official action shall disclose the facts concerning those interests to the city council prior to taking the official action. If the council determines the manager has a substantial personal or substantial financial interest in the action, the council shall excuse the manager and assign another city employee to the matter. The city administration may adopt written policies setting forth additional standards and requirements for excusing the manager and assigning another city employee to the matter. Such written policies will be approved by the city council. 16. Perhaps the most fundamental role of a council member is communication. Council members will communicate with the public to assess community opinions and needs, and to share the vision and goals of the city with constituents, and will also communicate with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. 17. Official correspondence may be requested from council by citizens, businesses, or other public agencies; the mayor shall have the authority to transmit the city's position on policy matters to outside agencies on behalf of council, upon informing council of the request and receiving no objection thereto. City letterhead is available for this purpose and shall be coordinated through the city clerk and or city manager to ensure appropriate retention. Council members who wish to prepare letters of recommendation for students or others 48 SEWARD, ALASKA ORDINANCE 2023-002 seeking employment or appointment may do so and may use their council title, clearly indicating that they are speaking on their own behalf and not for council as a whole. 18. The city council dele,-ates to the city manazer the authority to address with any council member, the member's potential violation of Charter Section 3.7. If, after the city manager has addressed the potential violation, the city council member's actions continue, the city manazer shall report the matter to the full city council. Chapter 2.05. - Records 2.05.010 - Open records. Except as provided by § 2.05.030 of this code, or by other provision of municipal, state or federal law, the books, records, papers, files, accounts, writings and transactions of the city are open to inspection by the public under reasonable rules during regular office hours. The city recognizes the competing interest of personal privacy and the right of the public to have access to information concerning the conduct of the people's business. 2.05.015 - Access and inspection of records. (a) Public records may be inspected at the city office where the records are kept during the regular office hours of that office. All city officers and employees shall, consistent with the orderly conduct of city business, make a good faith and diligent effort to respond to requests for inspection of records made pursuant to this code. (b) Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the city and shall be set by city council resolution. The resolution may also contain a separate fee schedule for providing electronically -generated public records, to be based on recovery of the actual incremental costs of providing the electronic record. (c) If the production of records for one requester or agent of a requester in a calendar month exceeds five person -hours, the city shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the city may require payment in advance of the search. (d) The city may reduce or waive a fee if the city determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. The city may waive a fee of $5.00 or less if the fee is less than the cost to the city to arrange for payment. 2.05.020 - Certified copies. The city clerk shall give, on request and payment of costs, a certified copy of any public record required to be disclosed under this code. A fee may be charged for certified copies, reflective of the actual costs involved in providing the certification, to be set by city council resolution. 49 SEWARD, ALASKA ORDINANCE 2023-002 2.05.025 - Compilation or creation of records. Nothing in this code shall require the city to create records, compile, summarize, outline or in other ways create information from existing public records. In those instances where the city official who is the custodian of the record determines that the city has the requisite resources to compile or create records to comply with a request for information, the city may charge the requestor with the costs of such compilation or summary, which costs shall include the salary and benefits and overhead charges for the city employees who accomplished the work. 2.05.027 - Personal and proprietary records available for public disclosure. (a) If the city official who is the custodian of a record that is subject to public disclosure considers all or a portion of the information requested to be of a sensitive personal or proprietary nature, he may attempt to notify any party who is the subject of the record or may be concerned with its pending release. Failure to notify shall not be grounds for action against the city or its employees. (b) If an objection to release of the record is filed, the city shall delay release of the record for five working days in order to provide time for the objecting party to seek appropriate restrictions on release of any portions of the record. 2.05.030 - Exemptions for particular records. (a) This chapter shall not be construed to require disclosure of the following records or information which, by law, are required to be confidential: (1) Records of vital statistics and adoption proceedings; (2) Records pertaining to juveniles unless disclosure is authorized by law; (3) Medical and related public health records; (4) Records required to be kept confidential by a federal law or regulation or by state law; (5) Records required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted thereunder in order to secure or retain federal assistance. (b) This chapter shall not be construed to require disclosure of the following business and proprietary records or information: 1. Trade secrets, patented and/or copyrighted material; 2. Records held by the city or any public utility pertaining to any client, customer, tenant, operator, user or subscriber, the release of which would constitute an unwarranted invasion of privacy of that person or entity; 3. Records of engineering, marketing, accounting or other technical or financial data, which, if released, would provide a competitive advantage to any other persons or business engaged in similar or related activities; 4. Proprietary information which a manufacturer, consultant or provider reasonably expects to be kept privileged or confidential to protect the property interests of persons providing the information or data; and 5. Personal information other than name and address given to the city with the legitimate expectation of privacy in conjunction with licenses, permits or other municipal services. 50 SEWARD, ALASKA ORDINANCE 2023-002 (c) This chapter shall not be construed to require disclosure of the following law enforcement records or information: 1. Records or information compiled for law enforcement purposes, but only to the extent that the products of the law enforcement records or information: a. Could reasonably be expected to interfere with enforcement proceedings; b. Would deprive a person of a right to a fair trial or an impartial adjudication; c. Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness; d. Could reasonably be expected to disclose the identity of a confidential source; e. Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; f. Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could be expected to risk circumvention of the law; or g. Could reasonably be expected to endanger the life or physical safety of an individual. 2. Name, address, telephone number or other identifying information about complainants in actions to enforce building, zoning, environmental or other municipal ordinances or regulations. This subsection does not protect from disclosure the contents of the complaint, so long as the complainant is not identifiable; or, the name of the complainant when such disclosure becomes necessary to fair and just disposition of the charge or complaint in enforcement proceedings. (d) This chapter shall not be construed to require disclosure of the following personnel records or information: I. City personnel records, including employment applications and examination materials, financial status, medical records which reveal the medical status of any specific individual and, in addition, those records the disclosure of which would constitute an unwarranted invasion of privacy. This subsection does not protect from disclosure the following personnel information: a. Employment applications and examination materials of city officials appointed by the city council; b. The names and position titles of all city employees; c. The position held by a city employee; d. Prior positions held by a city employee; e. Whether a city employee is in a collective bargaining unit; f. The dates of appointment and separation of a city employee; and g. The compensation authorized for a city employee. A city employee has the right to examine the employee's own personnel files and may authorize others to examine those files. 2. Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining. (e) This chapter shall not be construed to require disclosure of the following privileged records or information: 6S SEWARD, ALASKA ORDINANCE 2023-002 1. Communications between any agency and the city attorney which contain legal questions concerning potential, pending or actual litigation. This subsection does not protect from disclosure documents that were public records prior to the commencement of the litigation, and public records that are otherwise subject to disclosure may not be protected from disclosure by mere submission to the attorney. Any documents marked "confidential" which are submitted to the agency from the municipal attorney's office shall only be produced if the city attorney so authorizes. With respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules; and 2. Information obtained by and in the custody of insurance carriers insuring the city and their attorneys and agents regarding possible and pending claims against the city. (f) This chapter shall not be construed to require disclosure of records or information specifically prepared for or produced during a legally convened executive session; provided, however, that public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission during an executive session. () This chapter shall not be construed to require disclosure of public records to a person involved in litigation. All such records sou,-ht shall be disclosed in accordance with the rules of procedure applicable in a court or administrative adjudication. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, includin- obtaining public records for the party. 2.05.032 - Filing of exempt records. City records classified as exempt from public disclosure under section 2.05.030 shall be maintained in files providing a physical separation from general city records subject to public review. 2.05.035 - Denial of request; appeal. A. If the city official who is the custodian of a record considers the information requested to be privileged or confidential pursuant to applicable federal, state or city law, within ten working days of receiving the request he shall prepare and provide the party requesting the information a written statement setting forth the following information: 1. Date; 2. Item of information requested; 3. The specific provision of applicable state, federal or city law exempting the requested information from disclosure; 4. The title and signature of the person withholding the information; and 5. The right of the requester to appeal the decision pursuant to subsection (b) herein. B. In the event a party is denied access to requested information under the provisions of subsection (A) of this section, he may submit a written appeal within ten days to the city manager. Failure to timely appeal will result in a waiver of any subsequent right of appeal. Within ten days of receiving the appeal, the city manager shall issue a written response to the requester, either granting or denying the appeal and notifying the requester of his right to appeal the decision to the city council at the next regular or special scheduled meeting occurring at least 30 days 6% SEWARD, ALASKA ORDINANCE 2023-002 following the date of the appeal. The city council shall issue a written decision within 30 days of hearing an appeal, which shall be the final and binding authority. The final decision of the city council is appealable to the Superior Court pursuant to the rules of procedure governing appeals to the Superior Court. 2.05.037 - Notice regarding personal information. A. When the city requests personal information that may be included in a public record directly from the person who is the subject of the information, the city shall give the person a written notice at the time of the request that states: 1. The name and address of the city department; 2. The citation of the statute or regulation that authorizes the city to request the information; 3. A statement indicating whether the person is required to supply the information; 4. The consequences to the person, if any, of not providing all or part of the requested information; 5. A statement of the city's anticipated uses of the information, including the city's internal uses of the information and disclosure of the information to other city departments; 6. The fact that the information may be subject to inspection and copying under Seward City Code Chapter 2.05; and 7. A statement summarizing how a person may challenge under section 2.05.038 the accuracy or completeness of personal information maintained by the city. B. This section does not apply to a request for information on a person if: 1. The request is made by a police officer; 2. The person is a city employee; 3. The information is related to litigation; 4. The information is being collected by the city when investigating a possible violation of law; or 5. The information is exempt from inspection and copying under section 2.05.030. 2.05.038 - Challenging accuracy of personal information. A. A person who is the subject of personal information that is maintained by the city and not exempt from public disclosure under section 2.05.030 may challenge the accuracy or completeness of the personal information. B. To challenge the accuracy or completeness of personal information under subsection (a) of this section, the person must file with the city a written request that the personal information be changed. The request must provide: 1. A description of the challenged personal information; 2. The changes necessary to make the personal information accurate or complete; and 3. The person's name and the address where the city may contact the person. C. Within 30 days after receiving a written request made under subsection (b) of this section, the city may request verification of the disputed personal information from the person who made the request. 53 SEWARD, ALASKA ORDINANCE 2023-002 D. Within 30 days after receiving the written request under subsection (b) of this section or the verification under subsection (c) of this section, the city shall review the request and: 1. Change the personal information according to the request and notify the person in writing of the change; or 2. Deny the request and notify the person in writing of the reasons for the decision and the name, title, and business address of the person who denied the request. E. If a request is denied under subsection (d) of this section, the person may provide to the city a concise written statement that states the person's reasons for disagreeing with the decision. The city shall maintain in its records the request made under subsection (b) of this section and the statement provided by the person under this subsection. On all of the city's records that contain the disputed information, the city shall clearly note which portions of the records are disputed. If the record is in electronic form, the city may note the dispute in one field of the electronic form and maintain the other information about the dispute in paper form. F. This section does not apply to criminal intelligence or criminal investigative records, city personnel or retirement system records, records of applicants for employment with the city or information in documents recorded under AS 40.17. 2.05.040 - Records retention and disposal schedule. A general government records retention and disposal schedule, meeting all requirements set by state and federal law, shall be established by resolution of the council and shall be administered by the city clerk. Chapter 2.10. - City Council 2.10.005 Composition. The city council is composed of one mayor and six council members who are elected at large. 2.10.007 Powers and duties generally. The city council shall exercise all of the legislative and policy -making powers of the city and shall provide for the performance of all duties and obligations imposed upon the city by law. 2.10.012 Term of office. The term of office of each council member shall be for three years and shall commence immediately before the council organizes following the council member's election. 54 SEWARD, ALASKA ORDINANCE 2023-002 2.10.020 - Organization of council; election of vice -mayor and seating arrangement. A. The city council shall meet and organize not later than thin (30) days after each regular city election. B. At the organizational meeting, the council shall elect one of its members to act as vice mayor in the absence of the mayor and the mayor shall make all appointments as required of the mayor. C. Council members shall occupy their respective seats in the council chamber assigned to them. The seats shall be assigned so the vice mayor sits on the left-hand side of the mayor and other members are seated in order of seniority with those newest council members filling the outermost seats on the dais. 2.10.025 - Duties of mayor, vice -mayor, acting mayor. A. Mayor. 1. The mayor shall: a. Possess all powers and shall exercise all duties required by law or the city council. He shall be presiding officer of the council; b. Be presiding officer of the council at all council meetings and recognized as the head of the city for all ceremonial purposes. c. Be a member of council with all powers and duties of that office. 2. The mayor has no regular administrative or executive duties. 3. The mayor shall not possess veto power. B. Vice mayor. 1. In the absence of the mayor, the vice -mayor shall possess all the powers of the mayor. 2. The vice mayor shall possess all duties provided for or required by law or the city council. C. Acting mayor. 1. In the absence of the mayor and the vice mayor, and if a quorum is present, the council shall choose one of its members to serve as acting mayor for that session or until the appearance of the mayor or vice mayor. 2. The acting mayor shall possess all duties provided for or required bylaw or the city council. 2.10.027 Public meetings. A. All city council meetings, except for executive sessions, are open to the public and, with the exception of executive sessions, shall be recorded in accordance with Charter Section 5.5. 611 SEWARD, ALASKA ORDINANCE 2023-002 B. The public shall be given a reasonable opportunity to be heard at all regular and special meetings. 2.10.030 - Meetings. A. Regular meetings. 1. Regular city council meetings shall be held in the Seward City Hall council chambers, unless otherwise designated by the council. 2. Regular city council meetings shall be held on the second and fourth Mondays of each month at 7:00 p.m.; provided that any regular meeting may be canceled by the affirmative vote of at least four council members. B. Special meetings. 1. Special meetings may be called by the city clerk on written request of the mayor, city manager or of any two members of the city council. 2. Notice of the special meeting will be prepared in writing by the clerk. The notice must contain the time, place, and business to be transacted. 3. No business shall be transacted at any special meeting of the council except that stated in the meeting notice. 4. Special meetings shall be held at the regular meeting place of the council or at such other place as may be specified in the meeting notice. The location of the special meeting shall be selected with consideration for the reasonable accommodation of the public. C. Emergency meetings. 1. In an emergency, any special meeting held for the purpose of addressing an emergency shall be a legal meeting if all members are present, or if there be a quorum present and all absent members waived, in writing, the required notice requirements. 2. Waivers may be before or after the time of the meeting. 3. A waiver shall be made apart of the journal of the meeting. D. Work sessions. 1. Upon written request of the mayor, city manager, or any two members of the city council, council may hold work sessions for the purposes of planning, studying and discussing any question permitted by law. 2. No action shall be taken by the council on any matters discussed in the work session until the matter is placed on a regular or special meeting council agenda. 3. Work sessions shall generally be held in the regular meeting place of the city council; however, the council may designate any other location provided that consideration is given to the reasonable accommodation of the public. E. Recessed meetings. The council may recess any of its regular or special sessions to a time not beyond the next regular meeting; and the city clerk shall publish the time and date to which recessed in the best manner. F. If, after having been lawfully assembled in a properly designated location, the council determines that a condition exists which renders the location unsuitable, the council may recess the meeting and reconvene at a different location suitable to the needs of the council. The 611 SEWARD, ALASKA ORDINANCE 2023-002 location to which the meeting shall be reconvened shall be made known publicly prior to recess and notices shall be posted at the place originally designated by the city clerk. 2.10.033 Executive session. A. If permitted subjects will be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are within the exceptions of subsection (D) of this section shall be determined by a majority vote of the council. B. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. C. Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. D. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specified legal matter or pending labor negotiations. E. Upon adoption of a motion stating the purpose for an executive session, the council in closed session may discuss: 1. Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; 2. Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; 3. Matters which by law, municipal Charter, or ordinances are required to be confidential; 4. Matters involving consideration of government records that by law are not subject to public disclosure. F. This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. 2.10.36 Meetings —Time restrictions, uncompleted agenda. A. Adjournment time —mandatory. 1. The council shall take no official action or address any other item on the agenda after 11:00 p.m. and shall adjourn any regular or special meeting no later than 11:00 p.m. 2. Adjournment is mandatory unless extended to 12:00 a.m. by council vote. 3. In the event the agenda has not been completed by the time set herein, the council may adjourn the meeting to another day, call a special meeting to complete the agenda and adj ourn, or adj ourn. B. Remaining agenda items. If the meeting is adjourned without making other provisions for completion of the agenda items, the uncompleted matters shall be presented at the next regularly scheduled council meeting under the agenda section for unfinished business. C. Presentations and public comments. The council shall not adjourn prior to 12:00 a.m. unless all presentations and comments by members of the general public have been heard. 2.10.041 — Meeting notification. 57 SEWARD, ALASKA ORDINANCE 2023-002 A. All public notices must include the date, time, and place of meeting. B. The city clerk shall provide at least 24-hour advance public notice, setting out the date, time, place and agenda or issue of the meeting shall be given for all regular and special meetings and work sessions of the council. 1. The notice shall be served personally on each council member, or left at the member's usual place of business or residence, or emailed by the city clerk. 2. The city manager shall receive the notice via email by the city clerk. 3. A copy of the notice shall also be delivered or emailed to the place of business of each newspaper printed and published in the city and each radio station, but this requirement shall not be jurisdictional to the holding of the meetings. 4. Notice delivered via e-mail and/or telephonically to media, each council member, and the city manager, and posted in three public places at least 24 hours prior to the meeting, shall suffice as proper notice. 5. Six -hour notice for a special meeting due to an emergency shall suffice. 2.10.046 Voting —sequence, procedure, conflicts of interest. A. The voting sequence of the council shall be alternated for each meeting by the city clerk. B. Any vote of the council may be by voice vote upon demand of any member, either prior or subsequent to any vote. The vote shall be by roll call. Each member shall answer by the word "yes" or "no." C. All council members, unless lawfully excused, shall vote on each question before the council. D. Four affirmative votes are required to carry any measure before the council unless a greater number is required by the code or charter. Any lesser number, even though it constitutes a majority of the members present, shall not carry and the measure shall be defeated. E. Direct or indirect financial interest. No member of the council may discuss or vote on any question in which the member has a direct or indirect substantial financial interest. 1. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the beginning of debate on the question for a ruling on a request from the member with the financial interest to be excused from the discussion and vote. 2. The decision of the presiding officer on a request by a member of the city council to be excused from discussion and a vote may be overridden by the majority vote of the council. 3. If there are not at least four council members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four council members qualified to vote on the matter are in attendance. F. A municipal employee or official, other than a member of the city council, may not participate in an official action in which the employee or official has a substantial financial interest. G. "Substantial financial interest" means a financial interest that would result in a pecuniary gain or loss exceeding $1,000.00 in a single transaction or more than $5,000.00 in the aggregate in 12 consecutive months. 58 SEWARD, ALASKA ORDINANCE 2023-002 Four- members of the eity eouneil shnil be n quor-tim for- the tr-nnsnetion of business. in tht- absenee of a quor-um, any number- less than a quor-um may adjour-it a Meeting to a later- date. 2.10.056 Vacancy on council. A. The council seat shall become vacant upon the occurrence of any of the following: 1. Expiration of the term of office; 2. Death of the incumbent; 3. Resignation approved by council; 4. Removal from office in the manner provided by law; 5. Ceasing to possess at any time the qualifications or eligibility required by the Charter for election or appointment to office; 6. After final conviction of a felony involving moral turpitude, or of any offense involving a violation of an oath of office; 7. A judicial determination that the incumbent is of unsound mind; 8. A decision of a competent tribunal declaring the election or appointment of the incumbent void; 9. Failure to take the oath or make the affirmation or file the bond required for the office within ten days from the date of appointment or certification of election or within such other time not exceeding twenty days thereafter as the council may fix; 10. A member departs from the city with the intent of remaining absent for more than 90 days; 11. Failure to attend council meetings for 90 consecutive days; 12. Attends less than five council meeting during any continuous five -month period; 13. With the concurrence of two-thirds of its members, the council may expel one of its members for a conviction of a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56 as a corrupt practice. The council shall consider that conviction during the first meeting following final determination of the conviction. B. Filling vacancies. If a vacancy occurs in an elective office, other than a vacancy occurring from a recall, the vacancy shall be filled in accordance with Charter Section 2.13. 1. Alor-e thnn two weeks before the enndidnte filing period. if the vnenney oeetir-s mor-e than two weeks before the last time for- filing for- the offiees to be filled at the flext days, with the per -son appointed ser-ving until the next time When terms of elee offieer-s begin. if the unexpir-ed term of the vnented offiee extends beyond the next time when terms of eleetive offieer-s begin, the offiee shall be filled for- the r-emain 2. Less than two weeks before the eandidate filing period. if the vaefiney oeefir-s Ito more thnn two weeks before the inst time for- filing deelnr-nfions of enndidney for- offiees to eouneil then shall fill any sueh vnenney by appointment for- the r-emninder- of the unexpir-ed term. C. Process for filling vacancies. The process for filling vacancies in this section is: 59 SEWARD, ALASKA ORDINANCE 2023-002 I. The city clerk will distribute and publish a notice of vacancy, the procedure, and any application form for applying. 2. Each applicant will make a presentation to the council regarding their qualifications to serve. 3. The council will then vote and sign ballots provided by the city clerk. 4. The city clerk will read the ballot aloud, will tabulate the votes, and announce the results to the council. 5. The council may then, by motion and voice vote affirm the appointment of the candidate receiving the highest number of votes and the required votes for official council action. 2.10.061 Excused absences. A. In order for an absence to be excused, a council member shall contact the city clerk prior to a council meeting and state the reason for their inability to attend the meeting. B. The city clerk will inform the presiding officer of the request for an excused absence prior to the meeting and the presiding officer will rule whether absence is excused or unexcused. C. When calling the roll call for the meeting, the city clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the clerk will make an appropriate notation in the minutes. D. If another council member questions the member's absence, the presiding officer will inquire if there is a motion to excuse the member. This motion is non -debatable. E. Upon passage of the motion by a majority of members present, the absent member will be considered excused and the city clerk will make an appropriate notion in the minutes. 2.10.066 Agenda. A. Order of business. The order of business for the regular meetings of the city council shall be as follows: I. Call to Order; 2. Pledge of Allegiance; 3. Roll Call; 4. Citizen Comments of any Subject Except those Items Scheduled for Public Hearing; 5. Approval of Agenda and Consent Agenda 6. Special Orders, Presentations and Reports a. Proclamations and Awards b. City Manager Report c. City Clerk Report d. City Attorney Report e. Other Reports and Announcements f. Presentations 7. Consent Agenda a. Minutes of Preceding Meeting b. Introduction of Ordinances c. Resolutions 60 SEWARD, ALASKA ORDINANCE 2023-002 d. Action Memoranda e. Other Items 8. Public Hearings a. Ordinances for Enactment b. Resolutions Requiring Public Hearing 9. Unfinished Business 10. New Business a. Resolutions b. Action Memoranda c. Other New Business 11. Informational Items and Reports a. Boards and Commissions Minutes 1. Planning & Zonin,- Commission 2. Port & Commerce Advisory Board 3. Historic Preservation Commission b. Other Items 12. Citizen Comments 13. Council; and Administration Comments and Response to Citizen Comments 14. Executive Session 15. Adjournment B. Consent agenda — use of. 1. Items on the council agenda which are considered routine by the city manager and city clerk shall be on the consent agenda. 2. Unless the mayor or a council member specifically requests that an item be removed from the consent agenda, all items appearing under the consent agenda are approved with a single motion, no discussion, and one vote. If an item is removed from the consent agenda, the item shall be considered under the regular meeting agenda. 3. Council member agenda items. Council members who wish to add items to the agenda must present the item, in writing, to the city clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. 4. Prior to the final vote on the agenda, a council member may delete any item from the agenda or postponing any item on the agenda to a subsequent council meeting. However, if any member objects, the member wishing to delete or postpone an agenda item must make a motion to do so. The motion requires a second and must receive four affirmative votes for approval. 5. No matters other than those on the agenda shall be acted upon by the city council; provided, matters that seem to be emergencies or of an urgent need by the mayor, or any council member, or the city manager, with an explanation of the emergency or urgency stated in open council meeting, may with the consent of the council majority present, be considered and acted upon by the council. 2.10.071 Council packet. 61 SEWARD, ALASKA ORDINANCE 2023-002 A. All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the council at the regular meeting shall be submitted to the city clerk not later than 12:00 p.m. neap} on the Tuesday preceding the Monday meeting. B. The city clerk shall prepare the agenda for all matters according to the order of business, numbering each item consecutively. C. A complete copy of the agenda and supporting materials shall be delivered provided to each council member, and the city manager, and department heads no later than 7:00 p.m. on the Saturday preceding the council meeting. D. The agenda packet shall be available to the public in the city clerk's office at 9:00 a.m. on the day of the council meeting and in the council chambers during each meeting. E. The agenda will be published in the local newspaper during the week prior to the meeting. 2.10.076 Minutes. A. The minutes of the council shall be kept by the city clerk and shall be in a book kept for that purpose with a record of each particular type of business transaction set off in paragraphs, with proper subheads. B. The city clerk shall be required to make a record only of the business actually passed upon by a vote of the council and shall not be required to make a verbatim transcript of the proceedings; provided, that a record should be made of the names of the persons addressing the council, the subject matter to which the remarks related and whether they spoke in support of or in opposition to the subject matters. Provided, however, that any council member may request that the member's remarks on any subject be recorded in the minutes verbatim as a matter of public record. C. Unless the reading of the minutes of a council meeting is requested by the majority of the council, the minutes may be approved without reading if the clerk has previously furnished each council member with a copy. 2.10.081 Motions. All city council legislation shall be in the form of an affirmative motion. The affirmative vote of four members of the council is required for passage of any motion of the council, unless otherwise noted in code. 2.10.086 Rules of order. A. Roberts Rules of Order. All meetings shall be conducted in accordance with the current edition of Robert's Rules of Order, Newly Revised. The city clerk shall serve as parliamentarian and shall advise the presiding officer as to correct rules of procedure of specific rule application. B. Presiding officer may debate and vote. The presiding officer may move, second and debate from the chair, subject only to the limitations of debate imposed by the code and charter on all council members, and shall not be deprived of any of the rights and privileges of a council member by reason of acting as presiding officer. 62 SEWARD, ALASKA ORDINANCE 2023-002 C. Getting the floor; improper references to be avoided. Every council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall speak to the question under debate, avoiding all improper language and references to personalities. D. Interruptions. A council member, once recognized, shall not be interrupted in speaking unless to call the member to order or as herein otherwise provided. If a council member, while speaking, is called to order the member shall cease speaking until the question of order be determined and, if in order, the member shall be permitted to proceed. E. Reconsideration. A motion to reconsider may be applied to any ordinance, resolution or action of the council and has precedence over all motions except the motion to adjourn. 1. A council member may make a motion to reconsider only if: a. The council member voted on the prevailing side on the question to be reconsidered; b. The council member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or c. The council member files with the city clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a written notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. 2. A motion for reconsideration requires a two-thirds vote to carry. 3. For the purposes of this section, a council meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular council meeting as that term is used in this section. 4. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the council overturns the original action. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. 5. Actions which may not be reconsidered. The following motions may not be reconsidered: a. A motion which can be renewed within a reasonable time; b. An affirmative vote whose provisions have been partly carried out; c. An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; d. Any vote which has caused something to be done which it is impossible to undo; e. A vote on a motion to reconsider; or f. When practically the same result can be obtained by some other parliamentary motion. 2.10.091 Addressing the council by the public. A. Generally. The council shall provide the opportunity for the public to be heard at regular and special meetings as required by AS 29.20.020 and Seward City Charter section 3.5(g). All persons desiring to address the council shall first secure the permission of the presiding officer to do so, shall approach the podium before the council and give their name, state whether they live inside or outside the city Seward city limits, and, unless further time is granted by the presiding officer, shall limit their address to the time limits specified on the council agenda. B. Public hearings. 63 SEWARD, ALASKA ORDINANCE 2023-002 1. Unless further time is granted by the presiding officer, each person testifying under public hearing shall limit their presentation to five minutes. 2. The city clerk shall make available sign-up sheets on which persons desiring to speak on items scheduled for public hearing may indicate their desire. The presiding officer shall request comment from persons in the order in which they have signed up on the sheets and then shall take comments from all other persons desiring to speak. 3. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. 4. A person speaking for a second time shall give testimony for not more than one minute unless the presiding officer designates a different time. 5. No person may speak on an item after public hearing on that item has terminated unless the presiding officer determines otherwise. C. Presentations. 1. There will be no more than two presentations scheduled during each council meeting. 2. Presentations are added to the agenda on a first come, first serve basis and must be approved by the city manager. 3. In the event there are already two presentations scheduled on any given agenda, the requestor will be provided with future date opportunities. 4. There is a 10-minute time limit for presentations. The city clerk will time each presentation. 2.10.096 Forms of address. A. The mayor shall be addressed as "Mayor (surname), "Your Honor", "Mister/Madam Chair", or Mister/Madam Mayor". B. The vice mayor, when acting for the mayor, shall be addressed as "Vice Mayor (surname)", or Mister/Madam Chair. C. Members of the council shall be addressed as "Council Member (surname)". 2.10.100 Decorum. A. Council members. When the council is in session, council members must preserve order and decorum and no council member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council, nor disturb any council member while speaking, nor refuse to obey the orders of the council or the person presiding. B. Other persons. Any person making personal, impertinent, threatening or slanderous remarks, or who shall become boisterous while addressing the council, shall immediately, be barred by the presiding officer; from further audience at the meeting before the council, unless permission to continue be granted by a majority vote of the council. C. Enforcement. 1. The chief of police shall be ex officio sergeant -at -arms of the council. 2. The chief shall carry out all orders and instructions by the presiding officer for the purpose of maintaining order and decorum in the council chambers. 64 SEWARD, ALASKA ORDINANCE 2023-002 3. Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council or any council member into contempt, or any person who persistently interrupts the proceedings of the council or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor. 4. Upon instruction from the presiding officer, it shall be the duty of any police officer present to eject any person from the council chambers, or place the person under arrest, or both. 2.10.105 Council as board of adjustments. The city council is designated to be the board of adjustments for the city. The mayor shall act as chair. A._ to the > request to. or- attempt > by the . > appointment of interfere any per -son the offiee or- employment to the eity mana- any manner- I him from the with eity manager- pr-event eity in the manager- exer-eising in the eity manager's owl+ judgment appointment B. The its of offieer-s deal and employees the administrative ser-viee. thr-ough t eouneil and members the shall with administr-afive thereof ser-viee solely to eity manager- and neither- eouneil nor- any member- shall give orders any of 2.10.115 Council direction to city attorney, city clerk, or city manager. A. The attorney, city clerk, and city manager work for the council as a body and may not take direction from any individual member of the council. B. City council requests for research or drafting of council legislation and other documents shall be made at a meeting. C. The city council may direct the city attorney, city clerk, or city manager via motion provided the motion regarding substantive directives are included on the agenda before a vote is taken on the motion. 2.10.120 Processing of city council mail by the city clerk. A. The city clerk is authorized to receive and open all mail addressed to the city council, with a copy of all correspondence needing action immediately forwarded to the city manager for timely attention. B. All administrative business referred to in the communications and not necessarily requiring council action may be disposed of between council meetings; provided, all action taken pursuant to the communications shall be reported to the city council thereafter. C. Any communications needing council action shall be reported to the city council at the next regular meeting, together with the report and recommendations of the city manager, and copies of the communications shall be provided to the council. 65 SEWARD, ALASKA ORDINANCE 2023-002 2.10.125 Compensation. A. Compensation for service on the city council is as follows: 1. The mayor shall be compensated at the rate of $600.00 per month; and 2. Each council member shall be compensated at the rate of $400.00 per month. B. Compensation shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. C. Council members are not eligible to participate in the Public Employees' Retirement System of Alaska (PERS). 2.10.130 Retirement from council — recognition. A. Council members who retire from service on city council after one term or who are not reelected following their first term of office will receive a plaque in recognition of their service to the city. B. Council members who retire or fail to be reelected after two or more terms on the city council will receive an engraved gold pan in recognition of their service. C. A mayor who retires or fails to be reelected will receive a plaque bearing a gavel in recognition of their service to the city. Chapter 2.15. - Ordinances And Resolutions 2.15.010 - Methods of council action. (a) Except as otherwise provided in this code and Charter, city council shall take legislative action only by means of an ordinance or resolution. (b) Except as otherwise provided in this code and Charter, council may direct the city attorney, city clerk, and/or city manager via motion so long as motions regarding substantive directives are included on the agenda before a vote is taken on such motions. 2.15.015 - Preparation. A. All ordinances, except ordinances initiated by the electors of the city under the provisions of the Home Rule Charter § 4.6, shall be prepared in writing and approved as to form by the city attorney. B. No ordinance shall be prepared for presentation to the council unless ordered by the majority vote of the council or requested by the city manager, or prepared by the city attorney or the city clerk on h�s their own initiative. 2.15.020 - Title. Each ordinance and resolution shall be preceded by a brief title which shall indicate the subject or contents thereof. 2.15.025 - Ordaining clause. SEWARD, ALASKA ORDINANCE 2023-002 The ordaining clause of all ordinances enacted by the city council shall be: "The City of Seward Ordains." The ordaining clause of all ordinances enacted by the people shall be: "The People of The City of Seward Ordain." 2.15.030 - Prior approval by city attorney, etc. A. All ordinances, except ordinances initiated by the electors of the city under the provisions of City Charter § 4.6, shall have been approved as to form by the city attorney or hi-s the attorney's authorized representative prior to presentation to the city council. B. All ordinances and resolutions addressing substantial administrative matters shall have been examined for the administration by the city manager or h�s the manager's authorized representative prior to presentation to the city council. C. Resolutions and contracts of the city shall be reviewed and approved as to form by the city attorney only upon request of the city manager or the city clerk. 2.15.035 - Introduction; public hearing; amendment; publication. A. (a) An ordinance or resolution may be sponsored by the city manager, city clerk, city attorney, one of the boards or commissions, the mayor or any member of the city council. B. Ordinances and resolutions may be introduced by reading the title only and shall be read in full only when requested by a majority of the council or unless otherwise provided by law. C. When an ordinance or resolution has been introduced, copies thereof shall be made available to the public in the council chambers and by in the office of the city clerk. D. (b) No ordinance except an emergency ordinance shall be passed at the same meeting at which it is introduced. E. An ordinance shall be set for hearing by the affirmative vote of a majority of the votes authorized on the question. A summary of the ordinance and its amendments, together with a notice of time and place for public hearing, shall be posted on the bulletin board at city hall and shall be published in one or more of the newspapers of the city. The publication must precede the public hearing by at least five days. Copies of the ordinance must be available to all persons present or the ordinance must be read in full. The council shall hear all interested citizens wishing to be heard. F. (e) After the hearing, the council shall consider the ordinance and may enact it with or without amendments; provided, any amendments do not change the general scope and original intent of the ordinance. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of this section. G. (d) Each ordinance or code provision and each resolution involving financial matters, elections and real property transactions or establishing rules and regulations affecting the public, or as required by the council in the passage of the specific resolution, shall be posted on the bulletin board at city hall within a reasonable time after enactment and for the number of days between enactment and the effective date, and a notice of the place of posting and a brief statement of the purpose of the ordinance or code provision shall be published in one or more of the newspapers of the city within a reasonable time. 67 SEWARD, ALASKA ORDINANCE 2023-002 2.15.040 - Emergency ordinances. A. (a) No ordinance shall be passed at the same meeting at which it is introduced unless an emergency is declared to exist by the council. B. Any ordinance declared by the council as being necessary as an emergency nature for preserving the public health, welfare and safety must contain a statement of the facts upon which the emergency finding is based. This exception shall not be employed for the sole reason that the rules for introduction, reading, etc. of legislation are waived to permit passage on the first reading due to the existence of an emergency. C. The ememency ordinance may be enacted, amended and enacted, or rejected at the meeting at which it is introduced. D. The affirmative vote of all members present, or the affirmative vote of three -fourths of the total membership, whichever is less, is required for enactment. E. The city clerk shall print and make available copies of enacted emergency ordinances and provide for the posting and publication as set forth in § 2.15.035 D. F. (b) An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate a charge for a city service. G. (e) Emergency ordinances are effective for sixty days and are not codified 2.15.045 - Signatures. A. The mayor shall sign all ordinances and resolutions as enacted and approved by the council at the meetings in which he the mayor is in attendance; and if 1ie the mayor is absent, the vice mayor may sign such documents as have been enacted and approved by the council. B. In the absence of the mayor and vice mayor, the acting mayor may sign such documents that have been enacted and approved at the meeting at which he the acting mayor presided. 2.15.050 - Effective date. (a) The effective date of each ordinance or code provision or resolution shall be stated therein. (b) Ordinances. All ordinances or code provisions enacted by the council shall become effective ten LOJ days after enactment; except that: (1) All code provisions which provide for or establish a tax shall become effective not less than thirty LLOLdays after enactment; (2) All code provisions which provide for or establish a salary for an elective office shall become effective on the Monday following the next general municipal election or such later date as the official elected to said office qualified for office; (3) An ordinance or code provision may become effective immediately upon enactment providing an emergency described therein and declared to require the enactment of such legislation to alleviate the emergency is declared to exist, pursuant to § 2.15.040. (c) Resolutions. All resolutions passed by the council become effective immediately; except, that: (1) Those involving real property transactions shall become effective not less than thir 301 days following passage and approval; (2) Those establishing rules and regulations affecting the public shall become effective not less than ten 10 days following approval, or as otherwise provided by law. 68 SEWARD, ALASKA ORDINANCE 2023-002 Chapter 2.20. - Officers and Employees 2.20.010 Appointed offieer-s and terms of offie-e.- and shall serve at the Plensur-e of the eouneil. 2.20.015 Appointments to eer-tain positions. following be by the Appointments to the notiee to eouneil upon positions shnil mnde neeeptanee of the offer- letter- approval eity mnnnger-, with wr-itteff of the eoulleil; (2) Chief of poliee; all of-fieer-s of the poliee depar-tment shall take and file with the eity eler-k a eonstitutional onth of offiee before entering upon the duties thereof-. 2.20.025 - Combining offices. Two or more of the city offices provided for in this chapter may be combined by the council. 2.20.035 - City manager duties. The city manager shall have the following duties. The city manager: 1. 1Ie Shall be the chief administrative officer of the council and shall perform the duties of the office under authority of and shall be accountable to the council. 14e The city manager shall supervise and coordinate the work of the appointed officers and departments of the city, except the city attorney, city clerk and city clerk department, and 4ie shall act as coordinator between those officers and other administrative officers. 2. 1Ie Shall sign for the city -approved contracts, leases and agreements as authorized by the city council. 3. He may Recommend the council's sale and lease of materials, property, equipment and real estate of the city. 4. HeAlall negotiate such contracts and leases as the council may authorize. 5. 14e Shall recommend to the council a schedule of fees and rates of all types of services performed by the city departments. 69 SEWARD, ALASKA ORDINANCE 2023-002 6. Recommend to the council any basic organization and plans for the city departments and enforce changes as approved by the council. 7. 1 e Shall prescribe and enforce such rules and regulations as may be deemed necessary for the operation and management of all offices and departments of the city under hi-S the manager's control. 8. 14e Shall submit annually a report on the preceding year's financial and administrative activities of the city to the council. 9. Re Shall present to council a biennial budget proposal for the city, pursuant to #.S Chapter 5. 05 - Budzet . 10. He Shall appoint the personnel officer and provide for the management and administration of the city personnel regulations pursuant to $ Title 3 - Personnel Ofdiiia-Hee Ne. 43 amended. 11.14e-Shall provide for long and short term and municipal planning. 12.14e Shall provide input and aid in the field of economic development by working with businesses, groups, and individuals interested in locating in Seward. 13.14e Shall perform the duties as set forth in the charter. 14.14e Shall perform such other duties as may be required ef him by the council. 2.20.040 - City attorney. The position of city attorney is hereby established and the individual appointed by council shall have the following duties. The city attorney: 1. €lEe "all advise the council, and the city manager, city clerk boards, commissions, and all offices and departments of the city, on all matters of law. 2. Shall draft and assist in the drafting of all ordinances, resolutions, contracts and agreements to be made or entered into by the city, and approve the form of such instruments. 3. Shall prosecute violators of this code and other city ordinances and shall represent the city in all actions of law. 4. Shall perform the duties as set forth in the charter. 5. Shall perform such other duties as may be required of him by the city manager or the city council. 2.20.045 - City clerk. The position of city clerk is hereby established and the individual appointed by council shall have the following duties. The city clerk. 1. Shall be the clerk of the council, shall attend all meetings of the council and shall keep a record of its proceedings. 2. Shall keep all ordinances, resolutions, contracts and agreements of the city and authenticate such records as shall be necessary. 3. He -Shall publish ordinances, resolutions and other legal notices as required. 4. Shall administer all city elections and maintain related records. 5. Shall keep informed of all matters pending before the council and other bodies as council may require. 70 SEWARD, ALASKA ORDINANCE 2023-002 6. He-Slall keep and maintain appropriate files and records for the accomplishment of his duties. 7. H-eSlall attest the city manager's signature on all contracts, except as otherwise provided herein, as approved by the council. 8. Shall administer all oaths required by law. 9. Shall be custodian of the city seal and the official records of the city. 10. Shall have the power to appoint deputies, if needed. , provided that the appointment o 11. H-e.Slall supervise the city clerk department and shall be responsible for the employment of all employees in the city clerk department. subjeet to the limitntions set forth in subseetioi+ fame. 12. Shall perform the duties set forth in the charter. 13. Shall perform such other duties as may be required of him by law or the city council. Chapter 2.25. - City Departments WWI Liam vow - hrm .. .. .. .,Mff r`i SEWARD, ALASKA ORDINANCE 2023-002 . .. , ..MIN .. ..rMin PI ill! . .., ..... ... 11 ,.. .. . .. W11., .. ..... ., �. 2.25.030 - Buildinz department - Established There is established the Citv ofSeward Building Department. The Principal officer shall be the Buildinz Official who shall fulfill the duties and have the responsibilities as set forth in the emplovee's iob description. and who shall be subiect to the direction and supervision of the Fire CELL 2.25.035 - Buildinz department - Powers and duties. The Buildinz Department shall. A. Inspect all permitted construction work done by and for the City and require compliance with all city adopted buildinz and fire codes; B. Examine all plans and specifications for compliance with applicable codes and re-ulations; C. Review applications for buildinz permits and demolition permits, and issue buildinz permits and demolition permits when appropriate; D. Enforce building and fire codes by giving instructions, explaining the requirements for construction projects to meet applicable codes, conductinz inspections, issuinz warnings, notices, and orders of abatement or correction, and recommendinz stop work orders. E. Perform other tasks as directed by the Fire Chief,• F. Provide for the abatement of danzerous buildin,-s and public nuisances accordin,- to law; G. Coordinate services with the borou,-h assessor to provide such records of buildinz changes which could affect the borou,-h assessed valuation for tax purposes; H. Assist with the investization of collapsed buildin,-s, fire damaze, or other factors that influence structural integrity of buildings; I. Inspect and witness the installation and testing of fire protection or fire detection systems to determine if such systems are installed in accordance with applicable codes, re-ulations, standards, and department rules; J. Inspect the installation of foundations, floors, walls, roofs, mechanical and electrical systems, and plumbinz systems to determine ifs "ch systems are installed in accordance with applicable laws, codes, re-ulations, standards, and department rules. 15A SEWARD, ALASKA ORDINANCE 2023-002 2.25.037Buildin,- Official. The Buildin,- Official shall fulfill the duties and have the responsibilities as set forth in the employee's iob description. The Buildinz Official shall be subiect to the direction and supervision of the Fire Chief and shall: A. Work with departments to provide for the planninz, desi,-n, construction, maintenance and repair, and improvement of all city -owned buildings; B. Provide necessary technical enzineerinz services to other City departments; C. Inspect all permitted construction work done by and for the City and require compliance with all city adopted buildinz and fire codes; D. Provide other services and duties as may be reasonably related and as directed by the Fire Chief, E. Provide for the lawful compliance of new construction and buildinz renovation within the City limits by the issuance of buildinz permits and the performance of buildinz inspections, rezulatinz buildinzs, housinz, fire zones, plumbing, heatinz and electrical installations; F. Provide for the abatement of danzerous buildin-s and public nuisances accordinz to law; G. Interpret code requirements and recommend compliance procedures to contractors, craft workers, and owners. 2.25.040 - Finance department —Established. There is established the City of Seward Finance Department. The principal officer shall be the Finance Director who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the City Manager. 2.25.045 - Finance department —Powers and duties. The Finance Department shall: A. Formulate, recommend and administer policies and procedures on all city financial matters; B. Prepare and maintain all necessary and appropriate financial records and statements and reports for the city; specifically, annual and quarterly reports reflecting revenues and expenditures of the individual departments, current monthly statements reflecting unencumbered balances for all city accounts; C. Review the proposed biennial budget for all departments of the city and consolidate them into a proposed biennial city budget for presentation to the city manager and city council; D. Establish procedures and provide for the administration of the city's various insurance policies, advising as to the status and expiration of all the various policies; E. Reconcile the inventory of property for the city as maintained by department directors; F. Provide for compliance and appropriate city funding of employee retirement program; G. Provide for telephone, cashier and utilities billing services; H. Maintain the records as necessary for the fulfillment of the departmental function; I. Provide for the payment of all valid warrants and claims against the city; J. Provide for the city payroll function; K. Provide other services and duties as directed by the city manager; 73 SEWARD, ALASKA ORDINANCE 2023-002 L. Provide for all city purchases in conformity with the procedures established for that purpose; M. Facilitate the completion of the annual audit and issuance of financial statements; N. Manage and ensure sufficient cash flows to meet current and future obligations; O. Monitor and maintain proper oversight of grant compliance and fiscal reporting; P. Ensure timely and accurate review and reconciliation of financial accounts, including bank, credit card, and investments as appropriate. 2.25.050 - Fire department —Established. There is established the City of Seward Fire Department. The principal officer shall be the fire chief who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager (see seetion 2.20.015 regarding eouneil approval of appointment). 2.25.055 - Fire department —Powers and duties. The Fire Department shall: A. Formulate, recommend and administer policies and procedures pertaining to the enforcement of fire regulations; B. Be responsible for the prevention of fires, the protection of life and property against fires and the removal of fire hazards; C. Be responsible for providing emergency services as equipment provides; D. Be responsible for the construction, maintenance, ; inspection, and repair of all city -owned buildin-s in re -ands to their fire alarm, fire suppression systems, and fire extinguishers. E. Provide for the enforcement of the fire prevention code by the inspection of businesses and other premises for fire hazards and compliance with the Code; F. Work with other departments to provide for the lawful compliance of new construction and building renovation within the City limits by the issuance of buildinz permits and the Performance of building inspections, re-ulatin- buildinzs, housin'-, fire zones, plumbin'-, heating and electrical installations: G. Work with other departments to provide for the abatement of danzerous buildin-s and public nuisances, according to law: H. Provide for the conduct of fire prevention programs; L Notify the borough assessor and city building inspector of all property damaged by fire within the city; J. Maintain the Seward Hazard Mitigation Plan and the Emergency Operations Plan. K. Provide other services and duties as directed by the city manager. 2.25.060 - Harbor department —Established. There is established the City of Seward Harbor Department. The principal officer shall be the harbormaster who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager. 74 SEWARD, ALASKA ORDINANCE 2023-002 2.25.065 - Harbor department —Powers and duties. The Harbor Department shall: A. Formulate, recommend and administer policies and procedures pertaining to the operation of the Seward Harbor and its facilities, and the Seward Marine Industrial Center (SMIC) and its facilities; B. Collect harbor- fees and charges and maintain such records as are necessary for the fulfillment of the department function; C. Provide for the enforcement of all city regulations pertaining to the harbor and SMIC; D. Provide other services and duties as directed by the city manager. 2.25.070 - Electric utility department —Established. There is established the City of Seward Electric Utility Department. The principal officer shall be the utility director who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager 2.25.075 - Electric utility department —Powers and duties. The electric utility department shall: A. Recommend a schedule of fees and rates to be charged for services performed by the electric department; B. [Reserved.] C. Provide other services and duties as may be reasonably related and as directed by the city manager; D. Provide policies and procedures pertaining to the management, operation, design, construction, repair, development, maintenance, improvement and extension of the electric utility owned and operated by the city; E. Maintain such maps and records as are necessary for the fulfillment of the departmental function and record thereon any changes on the official copy, which shall be filed with the city clerk and maintained by the department; F. Obtain easements necessary for the maintenance and extension of the electrical system; G. Provide advice and assistance in formulating policies and rate schedules to be used in the sale of services and answer customers' inquiries regarding the electrical tariff, H. Install, maintain and operate the street lighting system of the city; L Provide for the necessary inspections relative to new and extended electrical services. 2.25.080 - Public works department —Established. There is established the City of Seward Public Works Department. The principal officer shall be the public works director who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager. 2.25.085 - Public works department —Powers and duties. W SEWARD, ALASKA ORDINANCE 2023-002 The public works department shall: A. Work with the engineering and construction and electric utility departments to provide for the planning, design, construction, maintenance and repair, and improvement of all public works owned or operated by the city; B. Recommend a schedule of fees and rates to be charged for services performed by his department; C. Provide other services and duties as may be reasonably related and as directed by the city manager; D. Maintain such maps and records as are necessary for the fulfillment of the departmental function and record thereon any changes on the official copy, which shall be filed with the city clerk and maintained by the department; E. Provide advice and assistance in formulating policies and rate schedules to be used in the sale of services and answer customers' inquiries regarding the water and sewer services; F. Operate the city garage and machine shop, keeping a record of the work performed; G. Maintain the operating records of all motorized equipment used or operated by the city; provide for a preventive maintenance program for all mechanical equipment owned and operated by the city; provide maintenance for all public buildings and mechanical equipment of the city; H. Be responsible for the function and maintenance of all markings for traffic control placed upon the streets or curbs; L Provide policies and procedures pertaining to the management, operation, design, construction, repair, development, maintenance, improvement and extension of the city water and sewer utilities; J. Cooperate and coordinate departmental efforts with the fire department and eonstruetion department in the installation, repair and maintenance of a water system adequate for the needs of the fire department; provide for the necessary inspections relative to new and extended water and sewer services. 2.25.090 - Police department —Established. There is established the City of Seward Police Department. The principal officer shall be the chief of police who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager (see-* 2.15.015 regarding eouneil approval of appointment). 2.25.095 - Police department —Powers and duties. The Police Department shall: A. Operate and maintain the contracted, community Qty jail facility; B. Enforce all traffic regulations (see title 11); C. Be responsible for the preservation of public peace and order, the prevention and detection of crime and apprehension of offenders, the protection of persons and of property, and the enforcement of the law; D. Provide for the annual sale of unclaimed property at public auction or as specified by law; E. Coordinate law enforcement activities with other governmental entities; N61, SEWARD, ALASKA ORDINANCE 2023-002 F. Operate and maintain the City animal control shelter and provide for the administration of the animal control laws (see chapter 9.05); G. Maintain all related department records as required; H. Provide other services and duties as directed by the City Manager; L Operate and manage the Department of Motor Vehicles (DMV) services throu,-h state contract 2.25.120 - Parks and recreation department —Established. There is established the City of Seward Parks and Recreation Department. The principal officer shall be the parks and recreation director who shall fulfill the duties and have the responsibilities as set forth in the employee's job description, and who shall be subject to the direction and supervision of the city manager. 2.25.125 - Parks and recreation department —Powers and duties. The Parks and Recreation Department shall: A. Organize various recreational programs for individuals of all ages within the City; B. Coordinate recreational activities and programs with the Kenai Peninsula Borough Community Schools programs and other local recreational entities; C. Maintain City recreational facilities; D. Provide for the operation, maintenance and collection of fees for the municipal campgrounds and parking facilities; E. Provide other services and duties as directed by the City Manager. 2.25.130 - Library museum department —Established. There is established the City Library Museum Department. The principal officer shall be the library museum director, who shall fulfill the duties and have the responsibilities as set forth in the employee's job description and who shall be subject to the direction and supervision of the city manager. 2.25.135 - Library museum department —Powers and duties. The Library Museum Department shall: A. Assemble, preserve and administer, in organized collections, books and related educational and recreational material in order to promote the communication of ideas and enrich the personal lives of residents of the City of Seward; B. Collect, preserve and make accessible materials relating to the history of Seward, the Resurrection Bay area and the eastern Kenai Peninsula of the State of Alaska; C. Organize library and museum related programs for residents of the City of Seward; D. Consult with the Seward Community Library Association, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the Library Director and the City Council on matters of interest to the community with respect to the operation of the City Library and its programs; 77 SEWARD, ALASKA ORDINANCE 2023-002 E. Consult with the Resurrection Bay Historical Society, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the Library Museum Director and the City Council on matters of interest to the community with respect to the operation of the City Museum and its programs; F. Manage, operate and maintain the city's library museum facilities and programs, including materials and collections. G. Provide other services and duties as directed by the City Manazer. 2.25.140 - Community development department —Established. There is established the City of Seward Community Development Department. The principal officer shall be the community development director who shall fulfill the duties and have the responsibilities as set forth in the employee's job description and who shall be subject to the direction and supervision of the city manager. 2.25.145 - Community development department —Powers and duties. The Community Development Department shall: A. Provide for long and short term and municipal planning with regard to the city comprehensive plan, land use plan and other internal plans for the use of city owned lands; B. Provide overall management, as coordinated with other departments, of City owned lands and tidelands to include their use, development, lease, acquisition, sale, appraisal and platting; C. Formulate, recommend and administer policies and procedures pertaining to City zoning regulations; D. Develop and maintain demographic and other resource information about Seward; E. Provide staff services in the field of community promotions such as development of City displays, graphics and brochures; F. Provide staff services in the field of economic development by working with businesses, groups and individuals interested in locating in Seward by supplying land use, permitting and statistical information; G. Maintain a reference library of plans, reports and documents about or pertaining specifically to Seward; and H. Provide other services and duties as directed by the City Manager. 2.25.150 - City clerk department —Established. There is established the City of Seward City Clerk Department. The principal officer shall be the city clerk who shall fulfill the duties and have the responsibilities as set forth in Charter Section 5.5 and section 2.20.045 of this Code and who shall be subject to the direction and supervision of the city council. 2.25.155 - City clerk department —Powers and duties. The city clerk department shall perform the duties of the city clerk set forth in Charter Section 5.5 and section 2.20.045 of this Code. 78 SEWARD, ALASKA ORDINANCE 2023-002 2.25.160 —Information technology department —Established. There is established the City of Seward Information Technology Department. The principal officer shall be the information technology director who shall fulfill the duties and have the responsibilities as set forth in the employee's iob description and who shall be subiect to the direction and supervision of the city manazer. 2.25.165 — Information technology department — Powers and duties. The Information Technology Department shall. A. Implement and perform all functions necessary for operations of the city information systems. B. Oversee the information technology. C. Provide other services and duties as directed by the City Manazer. Chapter 2.30. - Boards and Commissions Article 1. Community Hospital Bo&rd7&served. blftflUfflTl•. Article 2. - Seward Planning and Zoning Commission 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. 1. The commission shall select a chair and vice chair 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. 79 Article 2. - Seward Planning and Zoning Commission 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. 1. The commission shall select a chair and vice chair 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. 79 SEWARD, ALASKA ORDINANCE 2023-002 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. 2.30.217 Staff assistance to commission. A. The city manager, or designee, shall: 1. Assist the commission and shall be qualified by special training 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 Quorum. 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 adjourn the meeting to a later date. 2.30.220 - Meetings. A. Regular meetings. Regular meetings shall 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. Meeting rules of proceedings. Meetings shall be conducted under the current edition of Robert's Rules of Order, Newly Revised Edition. 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. 80 SEWARD, ALASKA ORDINANCE 2023-002 2.30.223 Voting. The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger 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: I . 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 obtaining 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. Article 3. - Port and Commerce Advisory Board 81 SEWARD, ALASKA ORDINANCE 2023-002 2.30.310 - Established. A. Composition. The port and commerce advisory board is hereby created, consisting of seven residents of the City of Seward or surrounding areas, 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 appointed a member of the board. B. Chair and vice chair. 1. The board shall select a chair and vice chair annualty. 2. The chair shall preside at all board meetin,-s, may participate in the debate, and vote on anv matter of the board. 3. In the absence of the chair, the vice chair shall exercise all the powers of the chair. C. The eify manager- will appoint a eify employee to serve as an ex offieio member- of the bonr-d who shnil hnve the pr-ivilege of the floor- but not the right to vote. 2.30.315 - Terms of office; filling vacancies. A. Members of the port and commerce advisory board shall be appointed for a term of 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 for each year. B. The council may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. C. Following a member's absence from three consecutive regular meetings of the board, the remaining board members shall decide whether the board member should be retained or whether to request council appointment of a new member. D. Members shall not be paid for services on the board or participation in board activities without prior approval of the city council. 3.3 0.217 Staff assistance to board. A. The city manazer, or desi,-nee, shall. 3. Assist the board and shall be qualified by special traininz and experience in the field of ports, harbors, and commerce; 4. Will be the re-ular technical advisor of the board, but shall not have the power to vote. C. City staff shall provide a clerk to the board. The clerk shall. 4. Properly advertise the meetin,-s as required by the Alaska Open Meetin,-s Act, 5. Prepare the board packet, and 6. Attend the board meetinz and keep a record of board proceedings. 2.30.320 - Meetings and quorum. A. The board will meet at a time and place to be designated by the board. In selecting its meeting place, the board shall consider the reasonable accommodation of the public. 82 SEWARD, ALASKA ORDINANCE 2023-002 B. Four members of the board shall constitute a quorum for the transaction of business except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. C. The affirmative votes of at least a majority of those board members present shall be required for any action. D. ' . The beard clerk to the commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. 2.30.325 - Powers and duties. A. It shall be the responsibility of the port and commerce advisory board to: I. Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, and a list of any aft6eip requests for- appropriations fo-r- the upcoming year's planned activities and a r-eeommendation regarding the eontinuation of the board--. 2. Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy and commerce throughout Seward; 3. Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; 4. Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(a)(2) and 2.30.325(a)(3); 5. Perform other duties as requested by the city council. B. The board shall have no authority to solicit, expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. 2.30.330 Continuation.- > > may eontial the existenee of the board. in the absenee of an eease to exist within 30 days. affir-mative vote by the eouneil, the board win Article 4. - Historic Preservation Commission 2.30.410 - Established. A. An historic preservation commission is hereby created, consisting of seven residents of the City of Seward or surrounding areas, who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be appointed a member of the commission. 83 SEWARD, ALASKA ORDINANCE 2023-002 B. To the extent available in the community, three commission members shall be professionals, as defined in Appendix A of 36CFR 611, from the disciplines of history, architecture or architectural history and archaeology. If the commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the historic preservation commission. Consultant appointments shall be approved by the historic preservation commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. C. A chairman of the commission shall be selected annually by the appointed members. D. The city manager, or designee, shall assist the commission and shall be qualified by special training and experience in the field of historic preservation. City staff will be the regular technical advisor of the commission, but shall not have the power to vote. E. 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 meetings and keep a record of commission proceedin-s. 'Footnote: 36 CFR Part 61, Appendix A - Professional Qualifications Standards: Code of Federal Regulations, Procedures for Approved State & Local Government Historic Preservation Programs: related to Certified Local Governments (CLG). 2.30.415 - Terms of office; filling vacancies. A. Members of the historic preservation commission shall be appointed for a term of 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 for each year. B. The city council, may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. C. Following a member's absence from three consecutive regular meetings of the commission, the remaining commission members shall decide whether the commission member should be retained or whether to request council appointment of a new member. 2.30.420 - Meetings and quorum. A. The commission will meet at least twice each year at a time and place to be designated by the commission. B. 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 adjourn the meeting to a later date. The affirmative votes of at least a majority of those commission members present shall be required for any action. C. All meetings and reeords of the eommission shall be open to the pu The eommission clerk to the commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. 2.30.425 - Powers and duties. 84 SEWARD, ALASKA ORDINANCE 2023-002 A. It shall be the responsibility of the historic preservation commission to: 1. Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska Heritage Resources Survey. 2. Survey and inventory community historic architectural and archaeological resources within the community. 3. Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. 4. Act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. 5. Work toward the continuing education of citizens regarding local historic preservation and community history. 6. Support the enforcement of the Alaska Historic Preservation Act, AS 41.35. 7. Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. B. The commission shall have no authority to solicit, expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. Chapter 2.35. - Indemnification 2.35.010 - Definitions. As used in this chapter: A. Claim means any claim, demand, administrative proceeding, arbitration or lawsuit. B. Employee means any individual who currently serves, or in the past has served, as any of the following: 1. An officer of the city, as defined in section 2.1 of the Charter. 2. An appointed member of any city board, commission or committee. 3. An employee of the city. C. Employment means rendering services to the city as an employee. 2.35.015 - Indemnification. Subject to the conditions and limitations set forth in this chapter, the city shall defend, indemnify and hold harmless an employee against any claim resulting from any conduct, act or omission of such employee within the scope of employment by the city. 2.35.020 - Exclusions. A. The city's obligations under section 2.35.015 shall not apply to any claim against an employee: 1. Based upon the gross negligence, willful misconduct, or dishonest, fraudulent or criminal conduct, of the employee; or 2. By or on behalf of the city, including without limitation any action initiated by the city under title 3 of this code. 85 SEWARD, ALASKA ORDINANCE 2023-002 B. The obligations of the city under section 2.35.015 shall not apply to the extent that the employee is indemnified or defended under: 1. A policy of insurance provided by or on behalf of the city; or 2. An agreement between the city and a third party. C. Nothing in subsection (a) of this section shall limit the coverage of any policy of insurance or agreement between the city and a third party that otherwise would provide for the indemnification or defense of an employee. 2.35.025 - Determination of exclusion. The city attorney, or an attorney designated by the council, shall determine whether the city's obligations under section 2.35.015 apply to a claim against an employee. There shall be no appeal from such determination, except to the superior court by an action for declaratory judgment. 2.35.030 - Conditions to indemnification and defense. The city's obligations under section 2.35.015 shall not apply to any claim against an employee where the employee fails or refuses to comply with any of the conditions in sections 2.35.035 through 2.35.045. 2.35.035 - Cooperation in defense and settlement. The employee shall cooperate in the defense and settlement of the claim, including without limitation: A. Promptly giving the city attorney written notice of any incident potentially giving rise to a claim against the employee, which notice shall identify the employee and provide all information concerning the incident known to the employee, including without limitation the date, time, place and circumstances of the incident, the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses; B. Forthwith delivering to the city attorney any claim, demand, notice, summons or other process received by the employee and relating to the claim; C. Cooperating with the city attorney or attorney designated by the council in defending the claim, including without limitation attending interviews, depositions, hearings and trials, responding to discovery requests, and assisting in securing and giving evidence and obtaining attendance of witnesses; D. Assisting the city in recovering any award for subrogation, contribution or indemnity against any third person that may arise from the claim from which the city indemnifies or defends the employee. 2.35.040 - Control of defense. The city shall have the sole right to control the defense and settlement of the claim. Defense of the claim shall be provided by the city attorney or other attorney designated by the council to represent the city with respect to the claim; provided that where conflict of interest between the city and the employee would cause that representation to violate applicable rules of professional conduct, the employee may select other counsel subject to the city's reasonable approval. 86 SEWARD, ALASKA ORDINANCE 2023-002 2.35.045 - Discretion to compromise or settle. The city may, in its sole discretion, and without the consent or participation of the employee, compromise or settle the claim on any terms that impose no legal or financial obligation upon the employee. 2.35.050 - Payment of defense costs. A. Where the employee selects counsel as permitted under section 2.35.040, the city shall pay the reasonable fees and costs of such counsel for defense of the employee. B. Except as provided in subsection (a) of this section, after notice by the city to an employee of the city's assumption of the obligation under section 2.35.015 to indemnify and defend the employee with respect to a claim, the city shall not be liable to the employee for any legal or other expenses subsequently incurred by the employee in defending against the claim. 2.35.055 - Effect of city's assumption of obligations. A. No assumption by the city of the indemnification of defense of a claim against an employee shall be construed as a waiver by the city of any right under this chapter, including without limitation the right to determine that the claim, or any part thereof, is excluded under section 2.35.020, or that the employee breached any conditions or duties owed to the city under this chapter. B. No assumption by the city of the indemnification or defense of a claim against an employee shall preclude the city from taking any disciplinary or other employment action with respect to the employee under title 3 of this code. 2.35.060 - Reimbursement of expenses. If the city attorney or other attorney designated by the council under section 2.35.040 determines that the city's obligations under section 2.35.015 do not apply to a claim against an employee, and a court of competent jurisdiction later determines the obligations of the city under section 2.35.015 do apply to that claim, then the city will pay any judgment on the claim rendered against the employee and reasonable attorney's fees incurred by the employee in defending against the claim. Nothing in this chapter authorizes an award against the city of attorney's fees or costs incurred by an employee in obtaining a determination that the city's obligations under section 2.35.015 apply to a claim. 2.35.065 - Pending claims. The provisions of this chapter shall apply to any claim against an employee now pending or hereafter presented or filed, irrespective of the date of the events or circumstances which are the basis of the claim. Chapter 2.40. - Seward Community Health Center Board 2.40.010 - Purpose. 87 SEWARD, ALASKA ORDINANCE 2023-002 It is the purpose of this chapter to authorize the board of directors for the Seward Community Health Center, an independent non-profit entity, to operate a community health center in Seward. The city and the board intend to work cooperatively together- to improve access to primary health care in the community, pursuant to Section 330 of the Public Health Service Act (42 U.S.C. § 254b). 2.40.020 - SCHC Board. A. There is established the Seward Community Health Center ("SCHC") Board of Directors ("board"), serving as the co -applicant board providing the required community -based governance for the community health center. B. The board shall operate the SCHC consistent with the requirements of federally qualified health centers under Section 330 of the Public Health Service Act (42 U.S.C. §254b), in the best interests of the community, this chapter 2.40 of the Seward City Code, and in accordance with its own bylaws. 2.40.030 - Powers and duties of the board. A. The board shall operate SCHC consistent with the requirements of community health centers under Section 330 of the Public Health Service Act (42 U.S.C. § 254b), and shall appoint an executive director for SCHC, who shall serve at the pleasure of the board. The board shall submit an annual budget for the health center to the council for approval, as a co -applicant requirement of Section 330. The board shall submit the budget no later than October 1 of each year, for the following fiscal year. If the board unreasonably fails to approve an annual budget, the city may still submit the annual funding request under Section 330 of the Federal Public Health Service Act. No budget shall become effective without council approval. B. The board shall provide annually all the SCHC records necessary to assure that the SCHC operations comply with applicable federal, state and local laws and regulations. C. The board shall enter into a co -applicant agreement with the City of Seward. 2.40.040 - City powers and duties. A. The city shall have access to SCHC records necessary to assure that the SCHC operations comply with applicable federal, state and local laws and regulations. B. The city shall provide fiscal oversight in accordance with current law and city policies. C. The city council shall be responsible for adopting the community health center's annual operating and capital budgets as finally approved by the board; the city council may not unilaterally revise a budget approved by the board or approve an alternate budget for the community health center without review and final approval by the board, which then returns to council as governed in Seward City Code 2.40.030 (a). D. If approved by council resolution, the city may provide human resources, risk management, legal, accounting, and general administrative services to the SCHC. Section 2. This ordinance shall take effect ten (10) days following its enactment. 88 SEWARD, ALASKA ORDINANCE 2023-002 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 13'h day of February, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 89 Resolution 2023-009: Accepting Extrication Equipment Funded By The State Of Alaska Legislative Grant Agreement Number 23-DC-022, Emergency Extrication Equipment Clearing House With A Total Value Of $15,200.95 With No Additional Funds Allocated Documents: • Agenda Statement • Resolution 2023-009 • Attachments: o State of Alaska Capital Project Summary Ref #64567 o Excel needs assessment o LN Curtis Quote o State of Alaska Office of Management and Budget Two Year project listing by Dept. 0111 City Council Agenda Statement Meeting Date: January 23, 2023 To: City Council Through: Janette Bower, City Manager From: Clinton Crites, Fire Chief Agenda Item: Resolution 2023-009: Accepting Extrication Equipment Funded By The State Of Alaska Legislative Grant Agreement Number 23-DC-022, Emergency Extrication Equipment Clearing House With A Total Value Of $15,200.95 With No Additional Funds Allocated Background and justification: Through the Girdwood Fire Chief spearheading State of Alaska grant funding opportunities, as a byproduct, the City of Seward Fire Department will receive two pieces of automatic extrication equipment valued at $15,200.95 with no matching funds required. All purchases and distributions will be through the Girdwood Fire Department. Both of these pieces of equipment are over $2,500 and will be considered capital assets. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Volume 1-page 9, 2.2.9 Strategic Plan: Page 18 Other: Certification of Funds Total amount of funds listed in this legislation: $ No funds -receiving equipment only 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 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ 011 Finance Director Signature: 67 Attorney Review RxYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation ON Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-009 A Resolution Of The City Council Of The City Of Seward, Alaska, Accepting Extrication Equipment Funded By The State Of Alaska Legislative Grant Agreement Number 23-DC-022, Emergency Extrication Equipment Clearing House With A Total Value Of $15,200.95 With No Additional Funds Allocated WHEREAS, after recognizing a shortfall of extrication equipment along the Seward and Sterling Highways, Girdwood Fire Chief Michelle Weston lobbied the State of Alaska to help fund automotive extrication equipment for the highways south of Anchorage; and WHEREAS, the State of Alaska Department of Commerce, Community, and Economic Development (DCCED) awarded a legislative grant in the amount of $312,750 to fund extrication equipment to multiple agencies throughout Girdwood and the Kenai Peninsula; and WHEREAS, the Seward Fire Department was awarded one set of Multiforce Basic Lifting Bag Kit, also known as air bags, valued at $9,101.95, and one set of Rescue 42 Telecrib Truck Kit used for vehicle shoring valued at $6,099.00; and WHEREAS, this grant does not require any matching funds and all purchases are made and distributed by the Girdwood Fire Department; and WHEREAS, this equipment will be used by the Seward Fire Department for automotive accidents and will provide safer working conditions for the responders and victims. 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 accept the automotive extrication equipment provided by the 2022 State of Alaska Legislative Grant Agreement Number 23-DC-022 valued at $15,200.95. Section 2. This resolution shall take effect immediately upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of January, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 93 CITY OF SEWARD, ALASKA RESOLUTION 2023-009 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 94 Girdwood Fire and Rescue, Inc., - Emergency Extrication FY2023 Request: $0 E uipment Clearin house Project Reference No: 64567 AP/AL: Appropriation Project Type: Life I Health 1 Safety Category: General Government Recipient: Girdwood Fire and Rescue, Inc. Location: Anchorage Areawide House District: Anchorage Areawide (HD 12-28) Impact House District: Anchorage Areawide (HD Contact: Micaela Fowler 12-28 ) Estimated Project Dates: 07/01/2021 - 06/30/2026 Contact Phone: (907)465-2506 Brief Summary and Statement of Need: Girdwood Fire and Rescue, Inc., - Emergency Extrication Equipment Clearinghouse Project Funding: FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 Total 1004 Gen $312,750 $312,750 Fund Total: $312,750 $0 $0 $0 $0 $0 $312,750 1— State Match Required r- One -Time Project r_ Phased -new I— Phased - underway r- Ongoing 0% = Minimum State Match % Required r- Amendment F_ Mental Health Bill Operating & Maintenance Costs: Project Development: Ongoing Operating: One -Time Startup: Totals: Prior Funding History 1 Additional Information: Amount Staff 0 0 0 0 0 0 0 State of Alaska Capital Project Summary Department of Commerce, Community, and Economic Development FY2022 Final Enacted HB281 Reference No: 64567 Page 1 Released June 28, 2022 Oil C m 7 cr r-I O ri N r-1 N TH N N "i r 4 r-I Y Y E 2 cu V U Y Y Y Y_ �C Z Y Z to V} LU U (U LU U L U � L Y � a ' a C 3 0 = 4-0 Y C a C C L C C E LLJ a L C U C Q- 0 -O "s3 C C cp r0 '0 a a a a 'a C3 rfl L C L 00 " &- " LJ 0 L U o 0 0 L L L as as a 3 U U U U 3 a ai 3 3 3 a s L ra a' °J Q o Q 0 �_ L L L L ro o Q Q Q 0 0 3 a L o r- a o m a m a m a a o 0 0 o a 0 0 ii U Y U C7 m m m m C7 S 2 C7 C7 U U U M= 2 L a UD L U Vi v a' ao a a L L a a m _ Y x r'o Y Gn 00 t!1 m DD L) u L, m � m Prl rl Q L m Q cx U cu > U O O U N O +' u Q VT ,1 m 0 a N O O N C L �n U CC L L ` on r- o p +' a C X v N x U 0 0 C Q t0 d V) r-I LQ O 13A t m O 6 Q X ¢ CL CL 'Z u i m u X vF a � `r' a-0-0 � a m U x LU 0 LU 'L a W O m m C 111 N +•' U 0 O r6 O a 'L L a 7 7 a O 0 J LO �[ 4 J v}'- }' O L-rj } a a +� O fV N Q Q Q o O 0 r- +J1 a a N 3 uLn -0 ro U co = = L t] ]G u cYJ u O O p Q p vs vi O E E S L N a L = a N rL6 "CS L (h L m "O N L ` LY 0 O 0 0 a cr- U ` U its ❑ LLJ W U LU V j 7° 3 N u U U Y W-0-0 LLI 0 1-d o ��r1 LU ��-w� Lu 0000 Z rn Ln N X 00 Ln Q aL Q N ca m r- Ln c_ > > r, a L'� -a � r- a L -o I � -o U U a- C can LU N w Q I LL 2 V) V1 d' LU LLi V1 V) LJJ N r 1 w a V) V) C = d 2 41 C m 0 cr �W-7 a Q 0 a un a m UD Y @ U ra U Q � L Q a L 7 a ell U a O � +a N Lu p ❑ o m LU Ki v W Z U ❑ 0 � LLI M ❑ a LU LL <Y Ln Z � x LA LA 41- Ph: 206-622-2875 TF:800-426-6633 Fax:253-236-2997 nwsales@Incurtis.com UEI#: DDLSADSWN7U7 C 5 Northwest Division 6507 South 208th Street UF;ZTI Kent, WA 98032 www.LNCurtis.com -FOOLS FOR HEROES Quotation No, 240953 CUSTOMER: SHIPTO: Girdwood Volunteer Fire & Girdwood Volunteer Fire & Rescue Rescue PO Box 915 186 Egloff Dr. Girdwood AK 99587-0915 Girdwood AK 99587 Quotation QUOTATION NO. ISSUED DATE EXPIRATION DATE 240953 10/20/2022 11 /19/2022 SALESPERSON CUSTOMER SERVICE REP Robert Briggs Gregory Truluck rbriggs(a)Incurtis.com gtruluck[7a lncurtis.com 907-483-0117 206-622-2875 REQUISITION NO, REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Funded 2023 Chief Weston C394 Net 30 FIR F.O.B. SHIPVIA DELIVERY REQ. BY SP Standard Shipping NOTES & DISCLAIMERS Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above. Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit httpsalwww,lncurtis.com/product-notices-warnings LN QTY UNIT PART NUMBER DESCRIPTION 1 5 EA 272899000-1 S799 E3 Cutter Tool HURST 2 4 EA 271855000-1 SP555 E3 Spreader Tool Only HURST 3 1 EA 274885000-1 R521 E3 Ram Tool Only HURST 4 20 EA 90-53-15 HURST EXWTIE3 Watertight 9Ah Battery Page i of 5 97 UNIT PRICE TOTAL PRICE $12,326.40 $61,632.00 $12,580,20 $50,320.80 $8,301.60 $8,301.60 $759.60 $15,192.00 -2875 Ph: :253-226-299 C U RT 15 TF:800-426-6633 Fax: 253-236-2997 nwsalesfa)lncurtis.com UEI#: DDLSADSWN7U7 TOOLS FOR HEROES LN OTY UNIT PART NUMBER DESCRIPTION 5 10 EA 90-53-37 HURST EWXTIE3 110-240V Charger 6 12 EA 90-53-15 HURST EXWT/E3 Watertight 9Ah Battery 7 1 EA 272788000-1 S788 E2 Cutter Tool, only HURST 8 1 EA 271555000-1 SP555 E2 Spreader Oniy HURST 9 4 EA 272085410 HURST EXL Extended Life Battery for eDRAULIC Northwest Division 6507 South 208th Street Kent, WA 98032 www.LNCurtis.com Quotation No.240953 UNIT PRICE TOTAL PRICE $516.60 $5,166.00 $759,60 $9,115.20 $9,865.80 $9,865.80 $11,080,80 $11,080.80 $626.40 $2,505.60 10 2 EA 272080411 HURST 110V 60Hz eDRAULIC Battery Charger with $549.00 $1,098.00 U5 Plug 11 4 EA 272085410 HURST EXL Extended Life Battery for eDRAULIC 12 2 EA 272085412 HURST 110V Power Supply Adapter Plug for eDRAULIC 2.0 Rescue Tools $626.40 $2,505,60 $797.40 $1,594.80 13 1 EA 81-67-23 HURST Door Opener Tip Set for SC358 EWXT Tool $1,665.00 $1,665.00 14 2 EA 273823000-1 SC358 E3 Combi Tool Only $13,026.60 $26,053.20 HURST Page 2 of 5 98 -2875 Ph: :253-2 6-299 C U RTI5 TF: 800-426-6633 Fax:253-236-2997 nwsales[ailncurtis.00rn UEI#: DDLSADSWN7U7 LN QTY UNIT PART NUMBER 15 1 EA 273849000-1 HURST TOOLS FOR HEROES DESCRIPTION SC758 E3 Combi Tool Only 16 6 EA 90-53-15 HURST EXWTIE3 Watertight 9Ah Battery 17 3 EA 90-53-37 HURST EWXTIE3 110-240V Charger 18 2 EA 81-67-20 HURST KSV11 Chain Set with Clevis Lock And Hook, Consists of: 2 - 6Ft Chains with Hook 2 - Shackle with Bolt 19 1 362R171 HURST Mini Cutter, Demo DEMO 20 2 EA CTC6003 RESCUE CTC Strut rescue kit consisting of: 42 4 - Long strut with combi-head & baseplate 4 - Short strut with combi-head & baseplate 8 - 27' straps, 2-screw-jack head 1 - A -frame head with3-pins, 2-spike feet 2 - Hook cluster, 2-cinch ring 17 -Yellow strut pins, 9-base pins 2 - Accessory bag and instructional dvd Page 3 of 5 99 Northwest Division 6507 South 208th Street Kent, WA 98032 www.LNCurtis.com Quotation No, 240953 UNIT PRICE TOTAL PRICE $13,026.60 $13,026.60 $759.60 $4,557.60 $516.60 $1,549.80 $997.50 $1,995.00 $499.77 $499.77 $11,999.00 $23,998.00 Ph: 206-622-2875 Northwest Division Fax: 253-236 2997 C U RTI 6507 $cK nt, WA 98032 nwsales@Incurtis.com www.LNCurtis.com UEI#: DDLSADSWN71J7 TOOLS FOR HEROES Quotation No.240953 LN CITY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 21 2 EA CTC6002 RESCUE TeleCrib Truck Kit, Consisting of: $6,099.00 $12,198.00 42 2 - Long Struts 2 - Short Struts 4 - Ratchet Straps 1 - Screw Jack Head 1 - A -Frame Head 1 - Spike Foot 1 - Hook Cluster 1 - Cinch Ring 1 - Spare Strut Pin 1 - Spare Base Pin 1 - Large Accessory Bag 1 - Instructional DVD 22 1 EA 22-88DO25BK PARA Multiforce Basic Air Lifting Bag Kft, with $9,101.95 $9,101.95 22-890370K Saddlebag Control Kit 23 2 EA 22-88DO25K PARA Multiforce Remote Placement Bag Kit, with $10,502.25 $21,004.50 Saddlebag Control Kit Page 4of5 Will Ph: :253-2 6-299 CURT TF: 800-426-6633 Fax:253-236-2997 nwsales@.Incurtis.com UEI#: DDLSADSWN7U7 TOOLS FOR HEROES LN QTY UNIT PART NUMBER DESCRIPTION 24 1 ST AUTO-X-D TUR Auto X Dura Crib Tool Kit D, Consisting Of: * 24ea - 24-18 Crib 2X4X18" Pyramid Crib " 8ea - 214-12 2X4X12" Wedge * 36ea - 44PI-18 Hybrid Crib 4X4X18" • 12ea - 414-20 4X4X20" Wedge * 12ea - 67Sc-24 6X7X24" Super Crib * 4ea - 6/7-24 6X7X24" Super Wedge * 4ea - 3W 3X8.5" Long Wedge * 4ea - 6W 6X8.5" Long Wedge * 3ea - I 1X9" Sq Turtle Lock Block * 3ea - 2B 2X9" Sq Turtle Lock Block * 3ea - 3B 3X9" Scl Turtle Lock Block * 4ea - Sc-1 Standard Step Chock • 2ea - Sc-2 Standard Stop Chock * 4ea - We-2 Pair Of Wheel Chocks * 3ea - Ctp1818-1.5 18X18X1.5" Mod Pad * 4ea - 67Hdc10 6X7X10 Little Black Diamond Crib * 4ea - S612-12 6X12X12 Half Slab * 2ea - Sc-Cog 1 Cog Step Chock " 2ea - Tpb Top Bag Pad Bonus Package * 2ea - Ctp2424-2 24X24X2" Mod Pad WI Level * lea - Ctp1818-1.5 18X18X1.5" Mod Pad WI Level Small Business CAGE Code: 5E720 DUNS Number: 009224163 SIC Code:5099 Federal Tax ID: 94-1214350 This pricing remains firm until 11/19/2022. Contact us for updated pricing after this date. Northwest Division 6507 South 208th Street Kent, WA 98032 www.LNCurtis.com Quotation No. 240953 LIt.IIti1;3Lfl�Ir�_l�� �Cd� $5,561.91 $5,561.91 Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract -specific prices, terms, and conditions. Subtotal $299,589.53 Estimated Tax Total $0.00 Transportation* $0.00 *(to be added when order ships) Total $299,589.53 View Terms of Sale and Return Policy Page 5 of 5 w M a � m 0 O LL 4 0 0 0 0 0 0 0 0 0 O 0 0 0 Oq 0 0 0 0 0 0 0 0 O O O O O o N O) 0 0 0 C 0 o N r 0 O o 0 0 a N D q q m m 0 o o o n N m v o o r "D �a P y O d O � m K 0 6 0 0 0 0 0 0 0 0 0 0 0 0 o a o O o 0 o D D D 0 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 o a O O P O q N O O C D O O O M 0 0 0 0 0 0 0 0 o v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m 0 0 0 0 0 0 o 0 co o 0 0 0 0 0 0 O O o h O N O d O O O O P O P N O r o O O C N O M N N to O O 0 N M M c%i 10 l!1 r M r D Cl D O d o 0 0 o Oa d o 0 0 0 0 O o d d O D D D O p b Q O �i N m O O 0 0 0 0 O O O 0 0 0 0 0 0 O 0 0 0 0 0 0 0 t'1 O O O 0 0 O ti N O O O O 0 Q o o N o a o 0 > N fJ) Ol H N N `2 EE E rn Id C c c w o fl Q O W m J C a3 Y a Z y W d a' W rn N Oi 2 o .2 W c CO m w �' .11 C = "6 c o rn a m O O a a J d1 O a � [ � N t�6 Y W C J Y � m O 'C W y O V T E m O Y a' Y m~ N `� O O a W U v W Q N C o c E O Q o sA C C u}i m rA m a m x a Y # 2C O W LL iy r a3 ¢ ° ° = to E o W b y m 3 E m U N o e= o a ~ N G o O m N C '��° 7 m W W m UJ m 40 C W O p r2 Y C7 m `m u0 i c o c o rn o o g E 'N y m a c 5 c O m Fi v CO Q 2 ° y o '�' y E E i m m m$ Vi o¢ n o 0 v° E °' c7 0 2 �c E E; x= rn p a 00 E °=L 0 EL E = V.ID mWNC a ti! LU ` ° W O 63 2 a: O m n j a Q 0= O Q W m @ °° y y T V a jE a d m m ?f LL U U m N L Y [O J co m m C m ¢ C p 0 O O D O Y .� 6i W E O C W (n U5 N 7 m O S m W CO m = Y G Z m V = W m N IL 8 �lY O= ON Q6 N w .iNn Q_°w° E ° o E. LL m mn 9 )"?- m m x zEzzii °m o° m E`EEYmamm 'nYS° maNmW Q C m a E >W > >0. a E `_ E wm y ySm> o N> W 'E 'aEN �G WWa N o CD 2=E j m S Y m c X z Y Lu '° ° z Y J Tc i i z t ca O. O N m v W C m m C a m 6 m 0 m IEly, Resolution 2023-010 Authorizing the City Manager to enter into a contract with OpenGov, INC. for licensing and professional services related to the expansion of the online business license portal in an amount not to exceed $45,746.00, and appropriating funds. Documents: • Agenda Statement • Resolution 2023-010 • Attachments: o OpenGov Licensing Agreement o OpenGov Scope of Work City Council Agenda Statement Meeting Date: January 23, 2023 To: City Council Through: Janette Bower, City Manager From: Dustin Phillips, IT Director Subject: Resolution 2023-010: Authorizing the City Manager to Enter into a Contract With OpenGov, Inc. For Licensing And Professional Services Related To The Expansion Of The Online Business License Portal In An Amount Not To Exceed $45,746.00, And Appropriating Funds. Background and justification: In the fall of 2021, under direction from City Council, the Clerk's office worked with OpenGov to migrate the business license application to an online platform. Phase one of the project started with a minimal online portal only offering annual and seasonal business licenses. As noted in resolution 2021-079, if business licensing was successful as an online process the goal would be to continue to expand the online offerings to the public. After a successful rollout for the 2022 licensing period and 2023 renewal period, we are ready to move forward with phase two of the implementation. In this phase we will work with the Building, Fire and Community development departments to move their licensing, permitting and some inspection processes to the public portal. Community development is currently working with OpenGov and the Clerk's office to update the existing business license applications and add in the short-term rental application to the current business license application. This phase will add additional licensing to allow for the two additional departments, referred to as service areas by OpenGov. This will allow for a total of three service areas, the City Clerk, Building/Fire and Community Development. This will add an additional $25,000 to the yearly licensing fee, with a planned 5% increase each year for 5 yrs. The current estimate for professional services is up to $20,746.00 which includes 92 hours to be billed on a time and materials basis as well as a 10% contingency to cover any overages. This estimate implies that OpenGov staff will do a majority of the implementation. To reduce this cost, we anticipate doing a large part of the work in house rather than relying on OpenGov staff. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1 Economic Development 3.7.1.3 Improve quality of government services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 45,746.00 `[or! 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 (✓): Budgeted Line item(s): x Not budgeted Not applicable Affected Fund (✓): x General SMIC Boat Harbor Parking Motor Pool Other 01000-1180-7022 $ 45,746.00 Fund Balance Information Electric Wastewater Water F1 Healthcare Note: amounts are unaudited Fund Balance/Net position — restricted $ 2,575,000.00 Fund Balance/Net position — unrestricted/unassigned $ 8,260,377.52 Available Unrestricted Cash Balance: Yes x Not applicable Attorney Signature: Comments: eApprove Resolution Other: $ 10,189,834.04 Finance Director Signature: Attornev Review Administration Recommendation `NR Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-010 A Resolution of the City Council of the City of Seward, Alaska, Authorizing The City Manager To Enter Into A Contract With OpenGov, Inc. For Licensing And Professional Services Related To The Expansion Of The Online Business License Portal In An Amount Not To Exceed $45,746.00, And Appropriating Funds WHEREAS, Resolution 2021-079 approved the creation of the online business license application process to offer business owners a convenient option for handling their affairs; and WHEREAS, after a successful rollout of the business license portal the City plans to continue to improve and expand the online portal by offering additional licenses and permits online from the Building, Fire and Community Development departments; and WHEREAS, the additional annual cost for this project will be $25,000 for 2023 with a planned 5% yearly increase for 5 years; and WHEREAS, the estimated implementation costs are up to $20,746 for 92 of hours of OpenGov staff time, to be billed on a time and materials basis; and WHEREAS, in an effort to reduce the implementation costs City staff time will be used in place of OpenGov staff time when appropriate; and WHEREAS, this phase of the project is expected to take 4 months to implement and upon completion City staff will have the ability to continue to add additional licenses or permits as needed. 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 with OpenGov, Inc. for additional licensing and professional services related to the expansion of the online business license portal. Section 2. The General Services budget is hereby amended, and funds are hereby appropriated, as follows: $45,746 in the 2023 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Software and SaaS account no. 01000-1180-7022. Section 3. This resolution shall take effect immediately upon adoption. 11114 CITY OF SEWARD, ALASKA RESOLUTION 2023-010 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor f[ofl OpenGov Q OPENGOV San JosInc. PO Box 41340 San Jose, ' CA 95160 United States Quote Number: OG-0005719 Created On: 12/8/2022 Prepared By: Braden Taylor Order Form Expiration: 1/31/2023 Email: btav!oK� ooeneov.com Subscription Start Date: 2/1/2023 Contract Term: 60 Months Subscription End Date: 1/31/2028 Customer: City of Seward, AK Bill To/Ship To: PO Box 167 Seward city, AK United States • 1 Contact Name: Brenda Ballou Email: bballou@cityofseward.net Phone: 9072244046 Billing Frequency: Annually in Advance Payment Terms: Net Thirty(30) Days SOFTWARE SERVICES: Product/Service Start Date End Date Annual Fee Citizen S ervices - 2 S ervice Areas Dashhoards, eSignawres, Transparency, Story Builder, Reporfiag & Analytics, Puhlic Portal, Payment Collection, Open Town Hall, Multi -Approval 2/1/2023 1/31/2024 $25,000.00 Workflows -2 Service Areas, Inspections, MAT/Assessor Systems & Flag, Esri ArcGIS, Flag Integration, Autofilllnterfaces, ContractLicense Verification Citizen S ervices - 2 S ervice Areas Dashhoards, eSignatures, Transparency, Story Builder, Reporfiag & Analytics, Puhlic Portal, Payment Collection, Open Town Hall, Multi -Approval 2/1/2024 1/31/2025 $26,250.00 Workflows -2 Service Areas, Inspections, MAT/Assessor Systems & Flag, Esri ArcGIS, Flag Integration, Autofilllnterfaces, ContractLicense Verification Citizen S ervices - 2 S ervice Areas Dashhoards, eSignatures, Transparency, Story Builder, Reporfiag & Analytics, Puhlic Portal, Payment Collection, Open Town Hall, Multi -Approval 2/1/2025 1/31/2026 $27,562.50 Workflows -2 Service Areas, Inspections, MAT/Assessor Systems & Flag, Esri ArcGIS, Flag Integration, Autofilllnterfaces, ContractLicense Verification Citizen S ervices - 2 S ervice Areas Dashhoards, eSignatures, Transparency, Story Builder, Reporfiag & Analytics, Puhlic Portal, Payment Collection, Open Town Hall, Multi -Approval 2/1/2026 1/31/2027 $28,640.63 Workflows -2 Service Areas, Inspections, MAT/Assessor Systems & Flag, Esri ArcGIS, Flag Integration, Autofilllnterfaces, ContractLicense Verification Citizen S ervices - 2 S ervice Areas Dashhoards, eSignatures, Transparency, Story Builder, Reporfiag & Analytics, Puhlic Portal, Payment Collection, Open Town Hall, Multi -Approval 2/1/2027 1/31/2028 $30,387.66 Workflows -2 Service Areas, Inspections, MAT/Assessor Systems & Flag, Es ArcGIS, Flag Integration, Autofilllnterfaces, ContractLicense Verification Annual Subscription Total: See Billing Table PROFESSIONAL SERVICES: Product/Service Professional Services Deployment -Time & Materials (Estimated at 92 Hours) Hours will he pilled upon completion on a time & materials basis at rate of$205 ner hour Professional Services Total: $18,860.00 Billing Table: Billing Date Amount Due February 1, 2023 $25,000.00 (Annual Software Fee) February 1, 2024 $26,250.00 February 1, 2025 $27,562.50 February 1, 2026 $28,640.63 February 1, 2027 $30,387.66 Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 ("Open(lov'), and you, the entity identified above ("Customer'), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement ("SSA") executed by the parties and attached, or if no such SSA is executed or attached, the SSA athttps://opmgov.com/terms-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement'. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each parry's acceptance of this Agreement is conditional upon the other's acceptance of the terms in the Agreement to the exclusion of all other terms. City of Seward, AK OpenGov, Inc. Signature: Signature: Name: Title: Date: Name: Title: Date: 108 OPENGOV Statement of Work City of Seward Creation Date: 1/9/2022 Document Number: DD-03104 Version Number: 3 Created by: Mark Welch 2022 Revised Statement of Work V2 f[IR TABLE OF CONTENTS 1.Overview and Approach 1.1. Agreement 2. Statement of Work 2.1. Project Scope 2.2. Facilities and Hours of Coverage 2.3. Key Assumptions 2.4. OpenGov Responsibilities 2.4.1. Activity 1- Project Management 2.4.2. Activity 2 - Initialization 2.4.3. Activity 3 - OpenGov Use Cases 2.4.4. Activity 4 - Training 2.5. Your Responsibilities 2.5.1. Your Project Manager 2.6. Completion Criteria 2.7. Estimated Schedule 2.8. Illustrative Project Timelines 2.9. Charges 2.10. Offer Expiration Date Appendix A: Engagement Charter A-1: Communication and Escalation Procedure A-2: Change Order Process A-3: Deliverable Materials Acceptance Procedure Appendix B: Implementation Activities B-1: OpenGov Citizen Services Suite Appendix C: Technical Requirements C-1: OpenGov Citizen Services Suite 3 3 3 3 3 4 4 4 5 5 6 6 7 7 7 8 8 8 9 9 9 10 11 11 16 16 2022 Revised Statement of Work V2 OR 011 1. Overview and Approach 1.1. Agreement This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or"we")will perform for City of Seward ("Customer' or "you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form")which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Software Services Agreement between OpenGov and City of Seward. • Customer's use of the Professional Services is governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Citizen Services as defined in the OpenGov Responsibilities section of this document (Section 2.4). Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Citizen Services solutions to help the City of Seward power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the "OpenGov Responsibilities" section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time -and -materials or fixed -fee basis using OpenGov's standard rates in effect from time to time for any resulting additional work orwaitingtime. 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project -related activity which OpenGov determines would be best performed at your facility in Seward Alaska in order to complete its responsibilities under this SOW. 2022 Revised Statement of Work V2 "` B. Provide the Services under this SOW during normal business hours, 8:30am to 6:OOpm local time, Monday through Friday, except holidays. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2), and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. Per A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B. Individual software modules are configured based on discussions between OpenGov and Customer. C. Citizen Services Suite i. Customerwill provide forms, workflows, fees, and other relevant data within two (2)weeks immediately following the kick-off meeting. ii. OpenGov Record Type configuration will include up to six(6)total Record Types for unlimited) Service Areas (See Appendix B for list). iii. Customerwill provide a complete, consistent, and accurate Master Address Table (MAT) import file and maintain the file format and unique IDS. iv. OpenGov will provide up to two (2) exchanges of data per file imported (Master Address Table (MAT), Autofill, etc.) under this Scope of work. v. Customerwill maintain GIS layers and field names to support the GIS Flag integration. vi. Customerwill handle Bluebeam licensing and training with Bluebeam directly. 2.4. OpenGov Responsibilities 2.4.1. Activity 1- Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning OpenGov will: A. review the SOW, contract and project plan with Customer's Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. 2022 Revised Statement of Work V2 ISVI Project Tracking and Reporting OpenGov will: A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. work with your Project Manager to address and resolve deviations from the project plan; C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on -going activity which will be considered complete at the end of the Services Deliverable Materials: • Weekly status reports • Project plan • Project Charter • Risk, Action, Issues and Decisions Register (RAID) 2.4.2. Activity 2 - Initialization OpenGov will provide the following: A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: • Customer Entity is created • System Administrators have access to Customer Entity • Solution Blueprint is presented to Customer Deliverable Materials: • Solution Blueprint • Sign -off of Initial Draft Solution Blueprint 2.4.3. Activity 3 - OpenGov Use Cases OpenGov will provide the following: Citizen Services Use Case Examples (Unlimited Service Areas) A. Building Permits & Inspectional Services 2022 Revised Statement of Work V2 1 63 11 B. Planning and Zoning Approvals C. Code Enforcement D. Business Licenses E. Health F. Professional or Occupational Licensing G. Fire H. Public Works: Right -of -Way Permits, Waste/Water Management, etc. I. Special Events / Parks & Recreation J. Pet Licenses Completion Criteria: This activity will be considered complete when: Citizen Services Use Cases • Record Types are configured • Integrations are configured • Document migration is completed Deliverable Materials: • Formal sign off document 2.4.4. Activity 4 - Training Training will be provided in instructor -led virtual sessions or through OpenGov University Training courses. For any instructor -led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: • Administrator training is provided • Training on system functionality is provided • End User training is provided Deliverable Materials: • Formal sign off document 2.5. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following 2022 Revised Statement of Work V2 ME responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-1: Project Change Control Procedure. 2.5.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self -paced training sessions, configuration, validation or user acceptance testing); B. serve as the interface between OpenGov and all your departments participating in the project; C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings; E. obtain and provide information, data, and decisions within five (5) business days of OpenGov's request unless you and OpenGov agree in writing to a different response time; F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and H. create, with OpenGov's assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 2.6. Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A. OpenGov accomplishes the activities set forth in "OpenGov responsibilities' section and delivers the Materials listed, if any; or B. The End date is reached 2.7. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov 2022 Revised Statement of Work V2 isl i resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. The Services are currently estimated to start within two (2)weeks but no later than four(4) weeks from signatures and have an estimated end date of June 2023 ("End Date") or on other dates mutually agreed to between you and OpenGov. 2.8. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. Citisi,nSorvicat SuRo Miustrat1w Tlmollno Month 1 Month2 Month 3 Month 4 Month 5 Month B Hlstorloal Mlgratian and Exports CltixanSarviaas&ita Requlroments and biscovary Initiate ConflqurO Val Idatlon• Ga Uve Raperting 8 Transparency GoUvaSupport Hypercare 'Timeline isdeperw ent onthe numberof Service Areas and RecordsTypea_ Customer is responsible for attending the kick off ofeschphaee, providing any neceasarydatafor aach phase, participating inwerkingseasions during active phases, and signing off on deliverables at the endof each phase_ 2.9. Charges The Services will be conducted on a fixed price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Should travel be incurred, you will be billed travel and living costs (including actual transportation and lodging, and per diem meal expenses) estimated at $5,000. 2.10. Offer Expiration Date This offer will expire on 1/31/2022 unless extended by OpenGov in writing. 2022 Revised Statement of Work V2 IS11. 8 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: • Regular communication aligned to the agreed upon project plan and timing. o OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. • Executive involvement o Executives may be called upon to clarify expectations and/or resolve confusion. o Executives may be needed to steer strategic items to maximize the value through the deployment. • Escalation Process: o OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised • Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managersjointly will outline solution, acceptance or schedule Executive review. • Resolution will be documented and signed off following Executive review. • Phase Sign -Off o OpenGov requests sign -offs at various stages during the implementation of the project. Once the Customer has signed -off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order- Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion Sign off process Cost of change and Invoice timing Amending the SOW to correct an error. 2022 Revised Statement of Work V2 ISVA o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: • The deliverable Material will be submitted to your Project Manager. • Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. • Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov's Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. • All acceptance milestones and associated review periods will be tracked on the project plan. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. • Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in Section 6.1(e) of the Agreement, if there are extended delays (greater than 10 business days) in Customer's response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On -Hold" status. • Putting a project "on Hold" may have several ramifications including, but not restricted, to the following: o Professional Services to the customer could be stopped; o Delay to any agreed timelines; or o Not having the same Professional Services team assigned. 2022 Revised Statement of Work V2 IN& Appendix B: Implementation Activities B-1: OpenGov Citizen Services Suite Instance Creation Citizen Services Suite Description OpenGov Responsibilities Customer Responsibilities Citizen Services OpenGov will: Customerwill: Instance Review • Provision a review CIT • Confirm access to CIT environment and FTPS site. environment. Provisioning OpenGov will: Customerwill: Reporting & • OpenGov will provision • Confirm access to entity and Transparency Customer's OpenGov entity and modules. Platform verify Customer has access to all purchased modules. Technical Project Review Description OpenGov Responsibilities Customer Responsibilities Technical Project OpenGov will: Customerwill: Review • Provide up to two (2) two-hour • Identify relevant participants working sessions at the for attendance. beginning of the project to: • Confirm deliverables. o Review deliverables • Provide relevant data for the o Review technical project. requirements o Provide documentation on requirements and processes o Provide a system overview to Customer's System Administrators OpenGov Assumptions: • Customerwill provide relevant data within two (2)weeks immediately following the kick-off meeting. 2022 Revised Statement of Work V2 IsM 1E System Integrations Configuration Description OpenGov Responsibilities Customer Responsibilities Recurring Master OpenGov will: Customerwill: Address Table • Provide a Master Address Table • Populate the Customer's (MAT)Import (MAT)template. location data in the OpenGov • Provide an FTPS location for MAT template. the Customer to upload the • Upload MAT file to OpenGov's file. FTPS. • Import the MAT file. • Agree upon specifications prior to import. OpenGov Assumptions: • Validate and provide sign -off • Customer will provide a the solution meets agreed complete, consistent, and upon specifications. accurate import file and • Maintain the MAT following maintain the file format and configuration by uploading unique IDS. the MAT file on a recurring • OpenGov will provide up to two basis (e.g. daily, weekly, or (2) exchanges of data per file monthly). imported. ESRIArcGIS OpenGov will: Customerwill: Server Integration • Integrate with the Customer's • Provide a public and secure ArcGIS public API endpoint to ESRI REST API URL. display read-only versions of • Validate and provide sign -off the layer on Mapbox based the integration. maps. GIS Flag OpenGov will: Customerwill: Integration • Enable GIS Flag Integration. • Provide GIS Flag information • Import a list of location flags • Provide desired flag text. from the addresses provided • Agree upon specifications on the MAT to display on prior to import. OpenGov Location Pages. • Update layers as needed • Validate and provide sign -off OpenGov Assumptions: the solution meets agreed • Customer will maintain GIS upon specifications layers and field names to support the GIS Flag integration. Autof ill OpenGov will: Customerwill: • Configure up to two (2) autof ills • Provide source data, if using source data from applicable. OpenGov or provided by the • Agree upon specifications customer. prior to configuration. • Includes Contractor License Verification 2022 Revised Statement of Work V2 120 N, • State of Alaska licensed • Validate and provide sign -off professional dataset for use the solution meets agreed within the CIT platform and upon specifications refreshed daily/weekly by an Autof ill. Record Type Configuration Description OpenGov Responsibilities Customer Responsibilities Record Type OpenGov will: Customerwill: Configuration • Configure standard record type • Provide existing application drafts of Customer's record forms, current workflows, fee types in the Citizen Services structures, and output system. Record Type includes: documents. o Application Form • Attend scheduled working o Workflow sessions for the purpose of o Output Document validating, reviewing, and o Fees iterating upon draft record • Review configured Record types configuration. Types and provide training on • Test all configured record how to: types o Manage access • Validate and sign off on o Edit forms, fees, and configured record types. workflow. OpenGov Assumptions: • OpenGov will configure up to two (2) Record Types o Commercial Building o Residential Building Reporting& OpenGov will: Customerwill: Transparency • Provide training on how to: • Identify relevant participants Configuration o Upload data to and attend scheduled Reporting & trainings. Transparency • Attend scheduled work o Create Reports and sessions for the purpose of Dashboards validating, reviewing, and iterating upon Reporting & Transparency configuration. • Provide logo and branding colors to OpenGov. 2022 Revised Statement of Work V2 IPA 13 • Review and sign off on Story templates. Working Sessions and Trainings Citizen Services OpenGov will: Customer will: Working Sessions • Per the agreed upon Project Plan, • Per the agreed upon Project schedule working session with Plan attend working sessions Customer's system to: Administrators to: o Review configurations o Review configurations o Gain insight and o Provide insight and training on system training on system functionality functionality o Give feedback and ask o Gain feedback and questions regarding answer questions configured system regarding configured functionality system functionality OpenGov OpenGov will: Customerwill: University • Provide access to OpenGov • Complete OpenGov University online courses University Training courses as assigned. Citizen Services OpenGov will: Customer will Administrator • Provide one(1)System Training • Identify relevant participants Training designed for system and attend scheduled administrators, which will trainings. include how to: o Create and customize the Public Portal 2022 Revised Statement of Work V2 14 Citizen Services Internal End -User Training Record Type Configuration Training • Edit Record Types • Set up inspections • Create, share and export datasets. • Perform the basic functions of any integrations or other customizations included in the SOW OpenGovwill: • Provide one() of Internal End User Training(s) designed for Plan Review, Inspectors, etc., which will include how to: • Navigate the system • Understand inbox and tasks • Handle fees and payments • Conduct inspections • Create a new record • View datasets OpenGovwill: • Provide up to one (1) configuration training session(s) to enable Administrators to own future configuration of Record Types. • Session(s)will focus on: • Hands-on training for building, configuring, and maintaining Record Types. • Best practices Customerwill • Identify relevant participants and attend scheduled trainings. Customerwill: • Identify relevant participants and attend scheduled trainings. • At the end of configuration training sessions, be responsible for maintenance and configuration of all Record Types. 2022 Revised Statement of Work V2 123 15 Appendix C: Technical Requirements C-1: OpenGov Citizen Services Suite Citizen Services Suite Description Technical Requirements Master Address • Flat file Table • csv, .xls, .xlsx, .txt with headers • Location information (parcels and address points recommended) • Unique ID field ESRI ArcGIS • Publicly -accessible secure ESRI REST API URL Integration • WFS link will not suffice GIS Flag • Polygon Layer(s)via ESRI REST API URL (polylines and points Information are not supported) • Mapping of flag text Non-GIS Flag • Flat file Information • csv, .xls, .xlsx, .txt with headers • All flags must be tied back to the MAT's unique ID field Exports • required format (columns) • sample document Autofills using • Flat file Customer Source • csv, .xls, .xlsx, .txt with headers Data Bluebeam • Bluebeam Studio Prime license(s) Record Types • Current application forms, workflows, fee structures, and output documents. • PDF, Word, .csv, .xls, .xlsxwith headers Forms & Workflow • Current application forms, workflows, and output documents • PDF, Word, .csv, .xls, .xlsxwith headers 2022 Revised Statement of Work V2 124 Resolution 2023-011: Authorizing The City Manager To Enter Into A Contract With METCO For Fire Hydrant Snow Removal And On - Call Sidewalk Snow Removal Services For A 3-Year Period With Two Optional 1-Year Extensions And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-011 • Attachments: o Hydrant and Sidewalk Snow Clearing Contract `FIR City Council Agenda Statement Meeting Date: January 23, 2023 To: City Council Through: Janette Bower, City Manager From: Clinton Crites, Fire Chief Subject: Resolution 2023-011: Authorizing The City Manager To Enter Into A Contract With Metco Alaska, LLC For Fire Hydrant Snow Removal And On -Call Sidewalk Snow Removal Services For A 3-Year Period With Two Optional 1- Year Extensions And Appropriating Funds Background and justification: Throughout the years the City of Seward has struggled to keep Fire Hydrants and non -conforming business sidewalks clear of snow and ice. Snow, Ice, and Snow berms impede the fire department's ability to rapidly gain access to water during a fire. In these scenarios, minutes can cost loss of life and property. The City does not have the personnel available to rapidly remove snow from all 202 fire hydrants and keep them clear throughout the winter season. Having a contractor available to quickly and efficiently remove snow is paramount to the safety of the community. Occasionally snow and ice builds on sidewalks, and when the business owner has not, or can not remove the snow as per Seward City Code, then the city should have an on -call contractor to remove the snow at the owner's expense. The on -call contractor will be notified of such situations and once the snow is cleared the expense will be billed to the property owner. A Request for Proposal (RFP) was issued on December 141" 2022 to seek a contractor to provide snow clearing services around all City owned hydrants for quick access for the fire department. Additionally, the RPF included on -call sidewalk snow and ice removal services as deemed necessary by the city manager in accordance with Seward City Code 13.01.025. The City solicited an RFP and received three responses. All three proposals were considered responsive and responsible. The following criteria and associated weightings were used to score the proposals: Past Performance & Experience 30%; Safety & equipment 15%; Fees & costs 30%; References 5%; and Completeness of RFP 20%. The proposals received the following overall scores: A+Chainsaw Works Score=75 Andrews and Sons Score=78 Metco Alaska Score=82 Based on the scoring of criteria, the administration recommends approving a 3-year contract with two optional one-year renewals with METCO Alaska. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Volume 1-page 9, 2.2.9 and page 15, 3.4.2 Strategic Plan: Page 17 Ensure year-round maintenance of existing sidewalks. Page 18 1P42, Promote a safe community Other: Certification of Funds Total amount of funds listed in this legislation: $ $38,000 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ $33,000 + on call services ($200/hour) Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): X Not budgeted Not applicable Affected Fund (✓): x General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric Wastewater Water F1 Healthcare Note., amounts are unaudited Fund Balance/Net position — restricted $ 2,275,000.00 Fund Balance/Net position — unrestricted/unassigned $ 8,260,377.52 Available Unrestricted Cash Balance: $ 10,189,834.04 Finance Director Signature: Attornev Review RYes Attorney Signature: Not applicable Comments: x Adopt Resolution Other: Administration Recommendation 127 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-011 A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter Into A Contract With Metco Alaska, LLC For Fire Hydrant Snow Removal And On -Call Sidewalk Snow Removal Services For A Three -Year Period, With Two Optional 1-Year Extensions, And Appropriating Funds WHEREAS, the City of Seward relies on its fire hydrants for fire suppression throughout town and any delay in obtaining water from fire hydrants can cost lives and property; and WHEREAS, during the winter months snow, ice, and snow berms accumulate around the fire hydrants causing a delay in accessing the hydrants to the fire department; and WHEREAS, a Request for Proposals (RFP) was issued to keep fire hydrants clear of snow and ice thus enabling the fire department a quick response to water; and WHEREAS, included in the RPF was the provision of on -call sidewalk snow removal services to be utilized for properties not conforming with Seward City Charter (SCC) 13.01.025 the Clearing of Snow and Ice from Sidewalks; and WHEREAS, three responsive and responsible proposals were received, and based on the scoring of those proposals, the City Manager recommends approval of a contract with Metco Alaska, LLC (Metco); and WHEREAS, the City Council finds it is in the best interest of the public to ensure all fire hydrants are readily accessible and all sidewalks are clear of snow and ice; and WHEREAS, the amount funding for on -call sidewalk clearing is unclear at this time and $5,000 is being appropriated for this expenditure; and WHEREAS, the cost of snow clearing services will be passed along to the non -compliant entities per the City of Seward code requirements; and WHEREAS, Metco's proposal provides the requested services per the terms and conditions at a cost of $33,000 per season for hydrant services and $200 per hour for on -call sidewalk snow and ice removal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the contract between the City of 128 CITY OF SEWARD, ALASKA RESOLUTION 2023-011 Seward and Metco Alaska, LLC for the clearing of snow and ice from hydrants and on -call sidewalk clearing as needed. Section 2. The City Manager is hereby authorized to finalize and execute the contract for three years with two 1-year optional extensions. Section 3. Funding in the amount of $38,000 is hereby appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000- 1220-7009. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 129 � pE SF�L A 9 Js 'QtQSKQCONTRACT Fire Hydrant On -Call Sidewalk Snow Removal CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Metco Alaska Company Name 2701 Seward Hwy, Seward, AK 99664 Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Joint Venture Sole Proprietorship Corporation ❑ ❑ ❑ ❑ incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish all the materials and perform all the work and labor required per the terms specified in the Fire Hydrant and Sidewalk Snow Removal Request for Proposal (RFP) packet. The Terms and Conditions in the RFP are incorporated as terms of this Contract. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor further covenants and agrees that all work and labor shall be done and performed, in every respect, to the satisfaction of the City, as described in the RFP each season beginning November 1 of each year and following the date of notice to proceed for 2023. This contract is for 3 years beginning on or about January 23, 2023 and ending May 30, 2025 with an optional two one-year extensions by the city manager. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor. The Contractor further covenants and agrees that the all services will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any 130 regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Clinton Crites, Fire Chief or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR MiETCO Compa fgnature of Authorized Company Representative 4:�e- 0LA 41- Name and Tile Date CITY OF SEWARD Signature of City Manager Janette Bower Name Date City Clerk (ATTEST) `K11 Resolution 2023-012: Adopting an Alternative Allocation Method for the FY2023 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program Documents: • Agenda Statement • Resolution 2023-012 • Attachments: o Application `16% City Council Agenda Statement Meeting Date: January 23, 2023 To: City Council Through: Janette Bower, City Manager From: Sully Jusino, Deputy Finance Director Subject: Resolution 2023-012: Adopting an Alternative Allocation Method for the FY2023 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program Background and justification: The City of Seward is required to apply to the State of Alaska Department of Community and Economic Development (DCED) each year, to qualify for funding under the State's Shared Fisheries Business Tax Program and the State Landing Tax Allocation. The purpose of the program is to provide for a sharing of state fish tax collected outside municipal boundaries, with municipalities that have been affected by fishing industry activities. This program is different from the state fish tax sharing program which shares fish tax revenues collected inside municipal boundaries. This is the 30th year of this program, and municipalities across the state will share tax revenues from 2020 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that funding be allocated first to fisheries management areas across the state based on the level of fish and shellfish processed in each area, compared to the total fish and shellfish processed for the whole state. Then, funds are allocated among the municipalities located within each fisheries management area, based on the relative level of impacts experienced by each municipality. Seward is located in the Cook Inlet Fisheries Management Area, which includes eleven communities: Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Soldotna, Seward, Houston, Palmer and Wasilla. The final deadline for submitting application for the FY2023 Shared Fisheries Business Tax and Landing Tax Program is February 15, 2023. The long -form application provides for a "standard" and an "alternative" method of funding allocation. The City of Seward will file under the alternative method. Standard Method: Under this method, each municipality must determine and document the cost of fisheries business Impacts experienced by the community in 2020. Once the Impacts have been established for each of the municipalities, the DCCED will calculate the allocation for each municipality using the following formula: 133 One-half of the available funding is divided among participating municipalities on the basis of the relative dollar amount of impact in each community. The other half of the available funding is divided among municipalities based on the relative dollar amount of impact per capita in each community. Alternative Method: Alternative allocation methods may be proposed by the municipalities within the area. DCED will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing Industry on the respective municipalities in the area. The short -form method allocates the available funds by sharing 50% of the funds equally among the participating municipalities and allocating the remaining 50% on a per -capita basis. The information required by the long -form application would be difficult and time-consuming to obtain. Therefore, it is proposed that municipalities in our area use the alternative method and that we further agree that the allocation method be the same method used in the short form allocation. Given the small amount of additional funding that the City might gain by utilizing the standard method, compared to the additional time required to complete the application, it is our recommendation that the city of Seward agree to use the alternative method and agree that 50% of the funds will be allocated equally among the participating municipalities, and the remaining 50% allocated on a per -capita basis. This will be the eighteenth consecutive year of using this method. Using this same allocation method, Seward expects to receive approximately $1,319.97 in Shared Fisheries Business Tax Allocation, an increase from FY2022 allocation of $1,289.34. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1 Economic Development Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ $1,319.97-Shared Fisheries Business Tax Allocation This legislation (✓): x Creates revenue in the amount of: $ 1,319.97 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 01000-0000-4207 Fisheries Resource Landing Tax X Not budgeted Not applicable 134 Affected Fund (✓): X General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric Wastewater Water F1 Healthcare Note: amounts are unaudited Fund Balance/Net position — restricted $ 2,575,000.00 Fund Balance/Net position — unrestricted/unassigned $ 8,260,377.52 Available Unrestricted Cash Balance: Yes X Not applicable X Adopt Resolution Other: Attorney Signature: Comments: $ 10,189,834.04 Finance Director Signature: Attornev Review Administration Recommendation `RV Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-012 A Resolution Of The City Council Of The City Of Seward, Alaska, Adopting An Alternative Allocation Method For The FY2023 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area And Authorizing The City Manager To Apply For Funds From The Shared Fisheries Business Tax Program WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY2023 Shared Fisheries Business Tax Program ("Program"), the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality experienced significant effects during calendar year 2021 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, the Program provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Seward, Alaska proposes to use an alternative allocation method for allocating FY2023 funding available within the FMA 14: Cook Inlet Fisheries Management Area, in agreement with all other municipalities in the area participating in the FY2023 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council certifies that the City of Seward experienced significant effects during calendar year 2020 from fisheries business activities that occurred within the Cook Inlet fisheries management area and seeks to apply for funding under the FY2023 Shared Fisheries Business Tax Program. Section 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent (50%) divided equally and fifty percent (50%) divided on a per capita basis. 136 CITY OF SEWARD, ALASKA RESOLUTION 2023-012 Section 3. The City Manager is hereby authorized to accept the funds from the Shared Fisheries Business Tax Allocation in the amount of $1,319.97 in the revenue account no. 01000- 0000-4207 Fisheries Resource Landing Tax. Section 4. This resolution shall take effect immediately following approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23d day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 137 FY 23 SHARED FISHERIES BUSINESS TAX PROGRAM ALTERNATE METHOD APPLICATION For FMA 14 : COOK INLET AREA Name of Municipality: CITY OF SEWARD Mailing Address: PO BOX 167 SEWARD, AK 99664-0167 Contact Person: JANETTE BOWER Title: CITY MANAGER Email Address: JBOWER@CITYOFSEWARD.NET Phone Number: 907-224-4012 Return with resolution E-mail caa(aalaska.gov Subject Line "Municipality Name, FY23, SFBT" ]m Mail State of Alaska DCCED Shared Fisheries Business Tax Program 455 3rd Avenue, Suite 140 Fairbanks, Alaska 99701-4737 138 FY 23 Shared Fisheries Business Tax Program Alternative Method Resolution CITY OF SEWARD (City or Borough) RESOLUTION NO. A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY23 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 14 : COOK INLET AREA WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 23 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality suffered significant effects during calendar year 2021 from fisheries business activities; and, WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and, WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure ofthe relative significant effect of fisheries business activity on the respective municipalities in the area; and, WHEREAS, The proposes to use an alternative allocation method for (Governing Body) allocation of FY23 funding available within the FMA 14 : COOK INLET AREA in agreement with all other municipalities in this area participating in the FY23 Shared Fisheries Business Tax Program; CITY OF SEWARD NOW THEREFORE BE IT RESOLVED THAT: The CITY OF SEWARD by this resolution (Governing Body) certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2021 of fisheries business activity in FMA 14 : COOK INLET AREA PASSED and APPROVED by a duty constituted quorum of the CITY OF SEWARD (Governing Body) of 20 ATTEST Mayor Clerk this day 'ornmunity Aunicipality of Anchorage 'ity of Homer Total allocation: $26,230.48 Population 289,697 5,491 50% Divided $13,115.24 50% divided share $1,192.29 $1,19229 50% per capita $13,115.24 50% per capita share $9,827.77 $186.28 LONG Calculated Allocation $11,020.06 $1,378.57 FY 22 Landing Tax Allocation $8 1 06.41 Calculated Allocation Reference Number Total Distribution 23-SF1 4-01 $ 11,358.86 23-SF14-02 $ 1,420.95 $338.79 $42.38 'ity of Kachemak 620 $1,192.29 $21.03 $1,213.33 $37.30 23-SF14-03 $ 1,250.63 ,ity of Kenai 7,380 $1,192.29 $250.36 $1,442.66 $44.35 23-SF14-04 $ 1,487.01 'enai Peninsula Borough 58,957 $1,192.29 $2,000.08 $3,192.37 $98.14 23-SF1 4-05 $ 3,290.51 'ity of Seldovia 258 $1,192.29 $8.75 $1,201 M $36.93 23-SF14-06 $ 1,237.98 ;ity of Seward 2,603 $1,192.29 $88.30 $1,280.60 $39.37 23-SF14-07 $ 1,319.97 'ity of Soldotna 4,449 $1,19229 $150.93 $1,343.22 $41.30 23-SF14-08 $ 1,384.52 My of Houston 1,989 $1,192.29 $67.48 $1,259.77 $38.73 23-SF14-10 $ 1,298.50 Ity of Palmer 5,932 $1,192.29 $201 .24 $1,393.53 $42.84 23-SF14-11 $ 1,436.38 :ity of Wasilla 9,227 $1,192.29 $313.02 $1,505.31 $46.28 23-S. F1 4-12 $ $ 1,551.59 27,036.90 Totals 386,603 $13,115.24 $13,115.24 $26,230.49 $806.41 Community Count 11 All municipalities share 50% of allocation equally; share remaining 50% on a per capita basis. 140 Instructions for Alternative Method Application In the alternative method application, an approved resolution constitutes the application. No other forms need to be submitted. A sample resolution has been attached for your use. General Guidelines for Developing an Alternative Allocation Method All municipalities in a fisheries management area must agree an the alternative method: There must be unanimous agreement among all eligible municipalities in a fisheries management area with regard to alternative allocation methods. It is the responsibility of community leaders in the area to work together to negotiate an alternative which is acceptable to all municipalities. The department may be consulted at any time regarding what kinds of formula approaches are considered acceptable by the department. Alternative methods must incorporate some measure of the relative significant effects experienced by the respective municipalities in the area. The measure of significant effects may take many forms. One area might agree to use the number of commercial fishing boat visits -per -year per community as a measure of significant effects. Another area might use the linear foot -length of public docks as a measure. Another area might use community population figures as an indication of the significant effects of fisheries business activity. Another area might share one half of the funding equally between the respective municipalities and share the other half based upon community population figures. Areas may decide to use one measure or may use a combination of measures. Submit your completed application no later than February 15, 2023 to: E-mail caa(7a,alaska.i!ov Subject Line "Municipality Name, FY23, SFBT" Or Mail State of Alaska DCCED Shared Fisheries Business Tax Program 455 3rd Avenue, Suite 140 Fairbanks, Alaska 99701-4737 If you require assistance in completing this application, contact Kimberly Phillips at 451-2718. `« Ordinance 2023-001 Amending Seward City Code Chapter 3.50.010 to Recognize Easter as a Paid City Holiday for Regular Full- time and Regular Part-time Employees Documents: • Agenda Statement • Ordinance 2022-001 `ey: City Council Agenda Statement Meeting Date: January 9, 2023 To: City Council From: Mayor McClure and Council Member DeMoss Agenda Item: Ordinance 2022-001: Amending Seward City Code Chapter 3.50.010 to Recognize Easter as a Paid City Holiday for Regular Full-time and Regular Part-time Employees Background and justification: Amending Seward City Code Chapter 3.50.010 is sponsored by Mayor McClure and Council Member DeMoss. The justification for this ordinance is as follows: • The City offers paid holidays for other non -federally recognized holidays, like the day after Thanksgiving and Christmas Eve Day. • While most employees already have Sundays off, those that don't have Sunday off have to use paid leave for the Easter holiday. • With the current challenges in maintaining quality workforce (nationwide) it is important to continually analyze employee benefits and pay and make adjustments to stay competitive. City Manager Comments: • I requested information from MC Pehle, Designated Finance Director, Carmen Jackson CPA, regarding the budgetary impact of this added holiday. Mr. Pehle stated because the personnel budgets are budgeted for the full year (2080 hours), there is not an additional cost for the holiday. There may an additional cost for overtime for those who work the holiday but most likely, the hours can be absorbed in the current overtime budget. • Recognition of the observed holiday and calculation for the holiday is as provided for in Title 3 and/or the applicable union contracts. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 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 143 Fund Balance Information Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance Net position — restricted Net position — unrestricted Available Unrestricted Cash Balance Electric Wastewater Water F1 Healthcare Note: amounts are unaudited Finance Director Signature: 5 Attorney Review ✓ Yes Attorney Signature: bst_� Not applicable Comments: Recommend that all unions be given particularized notice of this proposal and invited to weigh in. Administration Recommendation e✓ Adopt Ordinance Other: 144 Sponsored by: Mayor McClure & Council Member DeMoss CITY OF SEWARD, ALASKA ORDINANCE 2023-001 An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending Seward City Code Chapter 3.50.010 To Recognize Easter As A Paid City Holiday For Regular Full -Time And Regular Part -Time Employees WHEREAS, it is desirable to authorize Easter as a paid holiday for city employees. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 3.50.010 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Chapter 3.50. — Holidays 3.50.010: — Recognized city holidays. A. The following holidays shall be recognized as holidays with pay for all employees in regular full-time and regular part-time who are in pay status the day before and the day after the recognized holidays: New Year's Day Easter Labor Day Thanksgiving Day Christmas President's Day Memorial Day Seward's Day Independence Day Alaska Day Veterans Day Day after Thanksgiving Day Christmas Eve Day B. Regular full-time employees shall be paid eight hours at their current rate of pay for each holiday. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 23rd day of January, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor `« Resolution 2022-096 Documents: • Agenda Statement • Resolution 2022-096 • Replat Application • ROW Acquisition Plat Maps • Seward Airport Improvement Project layout graphic ICf: City Council Agenda Statement Meeting Date: September 12, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Resolution 2022-096: Recommending Kenai Peninsula Borough Approval of the Preliminary Right of Way (ROW) Acquisition Plat for the Seward Airport Located in T IN & IS R iW Sec 34, 35, 2 & 3, Seward Meridian SW, that Point Known as the Seward Airport, Physical Location, 2310 Airport Road; Acquiring and Replatting Various Legals Located in Sec 34, 35, 2 & 3, Seward Meridian SW Background and justification: The Planning and Zoning Commission approved Resolution 2022-018 on August 2, 2022, which rescinded previously approved Resolution 2021-014 recommending approval of the preliminary right of way acquisition plat for the Seward Airport Improvement project with conditions to provide public access to the beach to the south of the airport property, install a fire hydrant, and bring water and sewer to the airport facilities. This replat was reviewed again by the Planning and Zoning Commission for two reasons. First, the Preliminary Right of Way (ROW) Acquisition plat includes City -owned property and must be reviewed and approved by City Council per City Code 16.01.015(b). The City Council did not review or approve Resolution 2021-014. Second, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) is using federal funds to finance the Seward Airport Improvement project; and funding constraints and federal oversight limit what improvements can be implemented in this project. There is currently no legal public access on or through the airport property and the Federal Aviation Administration (FAA) will not allow the DOT & PF to grant new public access due to flight safety concerns. The public will continue to have the right to navigate on the water and to walk on the exposed tidelands at low tide. Fire protection for the Seward Airport is provided by tank water on both Seward Fire engines and tankers provided by an automatic aid agreement with Bear Creek Fire Department; and extending and installing utilities to the leased lots on the Seward Airport property is not an eligible cost for federal funding. The Kenai Peninsula Borough requires documentation from the City of Seward that the conditions from Section 2 in Resolution 2021-014 are no longer required before they can grant approval of the final replat. 147 The attached preliminary ROW acquisition plat submitted by Alaska DOT & PF shows the parcels that need to be acquired and replatted for the necessary ROW on the new runway. Parcel 1 is owned by Civil Air Patrol and Parcel 5 is owned by the City of Seward. Parcel 4 is also shown on the preliminary plat, but no longer requires replatting as the larger parcel was acquired fully by DOT&PF this past year. These parcels are located within Sec 2 & 3, T1S, R1W and Sec 34 & 35, T1N, R1W, Seward Meridian SW, and will be part of the Airport Improvement Project to create new ROW for Runway 16/34, which will be shifted, lengthened, and raised above the 100-year flood level. The Seward Airport has needed improvements for some time now that will substantially reduce the damage the airport is experiencing from recurrent flooding, and to meet FAA design standards based on current aircraft utilizing the airport and forecasted aviation needs. Currently, the runway lighting is old and needs replacement. Much of the pavement needs rehabilitation or replacement. Testing has revealed a weakened embankment under the pavement of Runway 13/31, necessitating a restriction of allowable aircraft weights to those under 12,500 pounds. Improvement of aging and deteriorating airport facilities is another major goal of this project. The river delta adjacent to the airport has been rising relative to airport elevations, increasing the frequency and severity of overtopping floods. The existing main runway (RW 13/31) is now too low and in the direct path of the river, which has been repeatedly damaging it during high water events. Overtopping events were initially limited to the fall but have been occurring June through November in recent years, making maintaining RW 13/31 increasingly difficult. In response to multiple flood events during of the summer of 2013, DOT&PF constructed an emergency dike that is providing some temporary relief. The most recent revision of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) has now established a regulatory floodway across the existing main runway (RW 13/31) of the airport. By federal regulation, allowable construction is extremely limited in a regulatory floodway. DOT&PF completed a hydrologic study to help identify and evaluate feasible alternatives. RW 13/31 is adjacent to the Resurrection River which has flooded it and Taxiway A repeatedly in recent years, periodically closing the runway and causing ongoing repair expenses. To address this problem, this project will shift, lengthen, and raise the current crosswind runway (RW 16/34) above the 100-year flood level. Some taxiways will be raised to meet the new runway elevation while others will be removed in accordance with current FAA guidance. New runway and taxiway lighting will be installed. The river side of the raised runway will receive rip rap armoring to protect it during flood events. The aprons will be repaved, and new navigation aids will be installed. RW 13/31 will be closed and the pavement removed, but the runway embankment will be left in place as additional protection against future flood events. Three alternatives were evaluated during the scoping and environmental process. The current project scope corresponds to Alternative 2.2 in the approved Environmental Assessment. Alternative 2.2 had the most advantages and the least significant disadvantages. 148 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.12.5 — Air Traffic Plan: . "Support the State's airport improvement plan." Vol 1, Chapter 3.1.1.2 — Update and expand infrastructure for commercial and industrial properties that are currently underdeveloped • "Support and improve airport" Vol 1, Chapter 3.4.3 — Improve the usability of the state-owned airport "Encourage the State to: Complete and implement a flood mitigation project to protect the runways from flooding." Strategic Plan: Improve the State Airport "Develop a flood mitigation project to protect the runway from flooding." (page 16) Other: N/A 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 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Director Signature: Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation e✓ Adopt Resolution Other: Sponsored by: Bower Public Hearing: September 12, 2022 Postponed: September 12, 2022 Public Hearing: October 24, 2022 Postponed: October 24, 2022 Public Hearing: January 23, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2022-096 A Resolution Of The City Council Of The City Of Seward, Alaska, Recommending Kenai Peninsula Borough Approval Of The Preliminary Right Of Way (Row) Acquisition Plat For The Seward Airport Located In T 1N & 1S R 1 W Sec 34, 35, 2 & 3, Seward Meridian SW, That Point Known As The Seward Airport, Physical Location, 2310 Airport Road; Acquiring And Replatting Various Legals Located In Sec 34, 35, 2 & 3, Seward Meridian SW WHEREAS, the Planning and Zoning Commission approved Resolution 2022-018 on August 2, 2022, rescinding previously approved Resolution 2021-014 and recommending City Council and Kenai Peninsula Borough approval of the Preliminary Right of Way Acquisition Plat for the Seward Airport Improvement project; and WHEREAS, the Preliminary Right of Way (ROW) Acquisition plat includes City -owned property and must be reviewed and approved by City Council per City Code 16.01.015(b); and WHEREAS, the City Council did not review or approve Resolution 2021-014; and WHEREAS, Resolution 2021-014 recommended approval of the preliminary right of way acquisition plat for the Seward Airport Improvement project with conditions to provide public access to the beach to the south of the airport property, install a fire hydrant, and bring water and sewer to the airport facilities; and WHEREAS, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) is using federal funds to finance the Seward Airport Improvement project; and WHEREAS, funding constraints and federal oversight limit what improvements can be implemented in this project; and WHEREAS, there is currently no legal public access on or through the airport property and the Federal Aviation Administration (FAA) will not allow the DOT&PF to grant new public access due to flight safety concerns; and WHEREAS, the public will continue to have the right to navigate on the water and to walk on the exposed tidelands at low tide; and 150 CITY OF SEWARD, ALASKA RESOLUTION 2022-096 WHEREAS, fire protection for the Seward Airport is provided by tank water on both Seward Fire Engines and Tankers provided by an automatic aid agreement with Bear Creek Fire Department; and WHEREAS, extending and installing utilities to the leased lots on the Seward Airport property is not an eligible cost for federal funding; and WHEREAS, the Kenai Peninsula Borough requires documentation from the City of Seward that the conditions from Section 2 in Resolution 2021-014 are no longer required before they can grant approval of the final replat; and WHEREAS, the State of Alaska DOT&PF has requested that the Preliminary ROW Acquisition plat for the Seward Airport be reviewed again by the City of Seward and recommended to the Kenai Peninsula Borough; and WHEREAS, this Preliminary platting action recommends the replat of Parcel 1, owned by Civil Air Patrol in Sec 34 & 35, TIN, R1 W, Seward Meridian SW That Point of the WI/2 of USS 722 as per W/D 24 @ 12; physical location 2200 Airport Road; and WHEREAS, this Preliminary platting action recommends the replat of Parcel 5, owned by the City of Seward located in the tidelands south of TIN & 1SR 1W Sec 34, 35, 2 & 3 Seward Meridian SW That Point Known as the Seward Airport; and WHEREAS, Parcel 1 is located in a Resource Management (RM) Zoning District; and WHEREAS, Parcel 5 is located in Tidelands, and does not have a specific Zoning District; and WHEREAS, a subdivision installation agreement is notrequired for this ROW Acquisition Plat since per the definition of a subdivision, the land being acquired will not be used for "future sale, lease, or building development" § 16.01.010; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified, and the property was posted with public notice signage; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby recommends Kenai Peninsula Borough approval of the Preliminary Right of Way (ROW) Acquisition Plat for the Seward Airport located in T 1N & 1S R 1W Sec 34, 35, 2 & 3, Seward Meridian SW, That Point Known as the Seward 151 CITY OF SEWARD, ALASKA RESOLUTION 2022-096 Airport, Physical Location, 2310 Airport Road; acquiring and replatting various legals located in Sec 34, 35, 2 & 3, Seward Meridian SW. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor `Ml Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax PRELIMINARY PLAT SUBMITTAL FORM ❑✓ PRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLAT❑PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION — all requirements of chapter 20, excluding 20.30.210 and 20.50 apply and must be met. SUBDIVISION PLAT NAME: must be a unique name, contact staff for assistance if needed. Right of Way Acquisition Plat for Seward Airpoft ImProvements . I PROPERTY INFORMATION: legal description various legals located with portions of: Section, Township, Range Sec 2 & 3, T1S, R1 W and Sec 24 & 35, T1 N, R1 W, SM General area description Seward Air ort City (if applicable) Seward I Total Acreage SURVEYOR Company: AK DOT&PF Contact Person: Louise HoO er, Mailing Address: 4111 Aviation Ave Cit , state, zip Anchorage, AK 99502 Phone: 907-269-0713 e-mail: louise.hooyer(cDalaska.gov PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATERC]onsiteE City❑community WATER[an site aity❑community SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available plat committee meetin after a complete application has been received. ❑ 1— full size paper copy ❑ 7 — reduced sized drawing (11 x 17) ❑ preliminary plat NON-REFUNDABLE submittal fee 400 ❑ City Planning Commission minutes when located within city limits or Bridge Creek Watershed District a certificate to plat for ALL parcels included in the subdivision ❑ documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ ALL requirements of KPB 20,25.070 (see page 2 for checklist) and KPB 20.25.080 EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2, 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another Individual, estate, corporation, LLC, partnership, etc., documentation Is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: ' u Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE # 153 ORIZONTAI CONTROL STATEME[aT P y' i /r W. M1a rF i Fj .. area t 1 1 %h� .. .: \,' is NO �E3 3-. \ l` I All 0 ,a � I . I T 777771,1 I , E , _.s LEGEND� SHEET t S ILI . nea - vnRcel. SHEET 4� L I / ARCEL -r-rr Breen ,-, ��1� r,e��eW ♦ �e,9n I { a� SHEET 4 u� I. era .,a o:o,sa,a Wler. _ re<o. reawiMe nxm Hereon THIS reodccr v I�........ ,..„, VICINITY MAP sso I-.LJ--LJ o Aso .�, xsa �ss� ---- PRELIMINARY STATE OF ALASKA DEPARTMENT OF TRANSPORTATIDN PUBLIC FACILITIES RIGHT OF WAY ACQUISITION PLAT "' SEWARD AIRPORwIMPROVEMENTS 12 ��•��R el��� � � v � x99 Ac s� kF �. ase)rRf Y \ F Ap g ®U 6 f� �6 \ MATCNLINE � LaNMLNTLOT < RE uss nz ti2 w ''Ft.52 `( ancTI TV r T—Ti 0 �ceNo ,T 7 tiy'°s m 4� _ r „ ATs,T4III BL AIL Fra�P QD rUP- S I ��` BesusR cnon BAr F9 NaamPm., ,mm 77 w,�3 Ns cep. w4se._ e ne y � .y ?F' `� s ! nl Le �J-J� 12JJ c' . � uss saJ zs>ss AI __. 1 _ sees raes STATE OF ALASKA c DC TanNsvnaTAT ON ���� ac�wnv YON 0 --T — - _ z DEPARMENT. er mze 6sve �n� ` 49 5� & hn 9ai4<]9 2)29419163 682_i Not. - PUBLIC FACILITIES U� T Fsa Tnie Dz 3v a u? an .. t� RIGHT OF WAY ACQUISITION PLAT + ,0.i - z R ?)Ofi 5 3 Bll v] RnT- — `�� ,+ o�mne zwa�ocm �� L�sao ca�mT 14 6 90 _4. e SEWARD AIRPORT IMPROVEMENTS U` .0 39t LT 26 4 i veory LaJ 9 11 1111 Coerd c d 'OS 1ptt utf p z.. �atlr .r y P e er - -- J IL �qTC yv Fs d o use eoao �' -_ (63s^smrvlssasl tali �C`'w � � �, saasaewoaan r, i ag sl N«•o` vies ie �Rzi� (f _; J � : w.nasa'1 trrzJ o., N Y\ TaacTV J r J' 1 v 0 SJ ,jff w �J J J -J,�' r H" STATE OFSALASKA eSA�j ?- - DEP RTMENT OF TRANSPORTATION PUBLIC FACILITIES ?, RIGHT OF WAV ACQUISITIoao ON PLAT .Kw,o P�'�Ho zmns„ SEWARD AIRPORT IMPROVEMENTS / AL— FA.ROAo � � s�NAR"„�wnv 1 F oss,.zsTr ^C.� r�I',, r irr�r, ,i F' �/ cR A DF 'J cr '� T� .. rain rr s r 6r �Eer, s PnaceEs r " � �r �J rw e RRF� r 9 r Y,� fi r k L " env i os F' RADT" w_ �� 'j, 4 snr r\ l r) 1 1 Ix 37j wacsw - �� I STATE T OF ALASKA Mk fv1, p0a� ? { :.� AWu nPnrael \ V'rl� JJ 4 �Ap DEPAR' & PUBLIC FACILITIES AT ary RIGHT OF WAYACQUISITION PLAT _r t �sso� wTn .e s -. a� \�'�� SEWRD AIRPORiIMPROVEMENT9 i� �� 157 TL m w m c d m CID e m m m e , /y e m 11T I' c c STATE OF ALASKA __rw \ \PUBLIC . _- ,..°RJOTSE�A FACILITIES �Z A ION PLAT �. C. / � Wind Cone Segmented Built Wind*, ;,r, ..., PAP I IF 44 0 T/W t 1 MN A I \ I - Eliminated VASI Legend Runway Safety Area (RSA) Pavement Limits -- Fill Limits Clearing and State of Alaska Grubbing Department of Transportation and Public Facilities ® Clearing Only 0 750 1,500 Central Region ® Selective Clearing Feet N ® Taxiway/Runway Seward Airport Improvements Removal Seward, Alaska Seward Airport LAYOUT PLAN Boundary Date:2/12/2021 159Figure: 1 1 1 City of Seward, Alaska City Council Meeting Minutes September 12, 2022 Volume 42, Page 110 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2022-095, Authorizing The City Manager To Enter Into A Lease Extension Amendment With Kenai Fjords Tours To Extend The Lease Term By Five Years. Motion (McClure/Casagranda) Approve Resolution 2022-095 Harbormaster Norm Regis said Kenai Fjords Tours (KFT) requested their last five year extension for their current lease. Following this extension, the entire lease would have to be re -done. Regis reported that KFT was compliant. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Terry was pleased with the upkeep and maintenance of the KFT building at the harbor. Motion Passed Unanimous Resolution 2022-096, Recommending Kenai Peninsula Borough Approval Of The Preliminary Right Of Way (ROW) Acquisition Plat For The Seward Airport Located In T 1N & 1S R 1W Sec 34, 35, 2 & 3, Seward Meridian SW, That Point Known As The Seward Airport, Physical Location, 2310 Airport Road; Acquiring And Replatting Various Legals Located In Sec 34, 35, 2 & 3, Seward Meridian SW. Motion (McClure/DeMoss) Approve Resolution 2022-096 Community Development Director Jason Bickling said this was a preliminary replat, and was the first step in the process. This item had gone through the Planning & Zoning Commission previously, and then the commission had taken the item up again, rescinding the original resolution, to remove some conditions previously approved in order for the state to receive federal funding. City Planner Courtney Bringhurst said if council approved this resolution, it would go to the borough for review, then back to the applicant, and then the final plat would go back to the borough for final approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. 160 City of Seward, Alaska City Council Meeting Minutes September 12, 2022 Volume 42, Page 111 Carol Griswold, inside the city, believed the plat included in the packet was still incorrect and still needed to be updated. She had sent an email last week to bring attention to the fiber optic cable lease which ran through proposed Parcel 5 which was not reflected on the preliminary plat. Also, the 2019 assessed land value was $104,800. Griswold said the 23.6 acre tideland parcel for the long runway right-of-way was an easement granted by the city and retained as city property; she believed the city should require the easement to revert back to the city after the long runway was abandoned. The state's plans for the airport did not serve the community. Peggy Ventura, outside the city, accessed the airport property for berry picking, and she appreciated the birds and wildlife out there. She wanted the space to be preserved. No one else appeared and the public hearing was closed. Terry asked what would happen if council failed this resolution. In response, Bringhurst said the resolution would not be provided to the borough. Osenga asked what would happen to the state's plans for fixing the airport if council failed this resolution. Bringhurst said that was a question for the state's project manager; she thought it might be possible that the DOT could come back to the city with another preliminary replat for non -city property. Casagranda said taking away tidelands had not been discussed through all the years until now; she did not support this resolution unless the public had access to the tidelands. McClure added that the DOT would not allow duck hunting, and she believed the public would only have access to the tidelands by boat and not by land. Bickling said the DOT had purchased the property formerly used for duck hunting. He believed it was unusual for the public to have access to property so close to a runway. In response to Terry, Bickling said the state needed this replat for a potential right of way in the future. Terry wondered if a future right-of-way would potentially require the DOT to pay the city for that. Bickling confirmed yes. In response to McClure, Sowell said the DOT would not allow the use of guns near a runway; previously, private property in that area was used for duck hunting. Terry said the DOT was doing a dismal job communicating with the community about the project. She said approving this resolution to replat was not reinforcement of the project as the state proposed, nor would it mean any property was being sold, or that any current leases were being negated. Motion to Postpone (Terry/McClure) Postpone Resolution 2022-096 until a representative from the Department of Transportation could be present, and hold another public hearing at that time. 1 1 1 1 1 City of Seward, Alaska City Council Meeting Minutes September 12, 2022 Volume 42, Page 112 Terry wished to hear directly from the DOT why this replat was required. She didn't think it was fair for community development staff to have to relay the DOT's needs. Motion to Postpone Passed Unanimous Council recessed the meeting at 8:28 p.m. Council resumed the meeting at 8:35 p.m. UNFINISHED BUSINESS Items for Reconsideration Ordinance 2022-010, Amending Seward City Code Chapter 5.01 General Provisions. Motion to Reconsider (Casagranda/DeMoss) Reconsider Ordinance 2022-010 Casagranda said there were lots of citizen comments brought forward and she wanted to give them consideration. DeMoss supported brining this ordinance back because she felt that Casagranda had more to say about it. Motion to Reconsider Failed Yes: Calhoon, Casagranda, DeMoss No: McClure, Osenga, Terry Ordinance 2022-011, Amending Seward City Code Chapter 2.10 City Council To Integrate The Rules From The City Council Rules Of Procedures And To Provide For Clarifying Amendments. Motion to Reconsider (Casagranda/DeMoss) Reconsider Ordinance 2022-011 Casagranda said there were lots of citizen comments brought forward and she wanted to give them consideration. Motion to Reconsider Failed NEW BUSINESS Resolutions Yes: Casagranda, DeMoss No: Osenga, McClure, Calhoon, Terry Resolution 2022-097, Authorizing The City Manager To Execute Task Order 2734.26 With R&M Consultants For The Rezone And Replat Of The Forest Acres Campground And Bike Park (Lot 12A, Fort Raymond Subdivision, Replat No. 1(Plat No. 87-12), Physical Address 911 Hemlock Ave.) In The Amount Not To Exceed $33,985 And Appropriating Funds. Motion (McClure/Casagranda) Approve Resolution 2022-097 I"M AGENDASTATEMENT Meeting Date: January 23, 2023 From: Brenda Ballou, City Clerk Agenda Item: Guidelines for Reconsideration BACKGROUND & JUSTIFICATION On January 9, 2023, the Seward City Council held a public hearing and unanimously failed Resolution 2023-001, Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska, To Amend Articles 3, 6.1, 11.2 And 12.3, And Extending The Term Of The Lease For 17 Years, And To Add Two Five -Year Options To Extend. On January 10, 2023, the city clerk received a written request from Council Member Calhoon to reconsider the resolution. Council Member Calhoon voted on the prevailing side, and submitted the request prior to 5:00 p.m. on January 10, 2023, and so the request is considered timely. PROCEDURE FOR RECONSIDERATION Seward City Code 2.10.065 (e) Reconsideration. A motion to reconsider may be applied to any ordinance, resolution or action of the council and has precedence over all motions except the motion to adjourn. (1) A councilmember may make a motion to reconsider only if: a. The councilmember voted on the prevailing side on the question to be reconsidered; b. The councilmember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or c. The councilmember files with the clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. The councilmember may file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. (2) A motion for reconsideration requires a two-thirds vote to carry. (3) For the purposes of this section, a council meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular council meeting as that term is used in this section. 163 (4) Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the council overturns the original action. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. (5) Actions which may not be reconsidered. The following motions may not be reconsidered: a. A motion which can be renewed within a reasonable time; b. An affirmative vote whose provisions have been partly carried out; c. An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; d. Any vote which has caused something to be done which it is impossible to undo; e. A vote on a motion to reconsider; or f. When practically the same result can be obtained by some other parliamentary motion. (Ord. 482, § 1(part), 1980; Ord. 93-14) GUIDELINES FOR THE MOTION TO RECONSIDER 1. Motion to Reconsider 2. Second 3. Discussion is allowed on the motion to reconsider (not on the merits of the resolution) 4. Vote must pass by 2/3 to carry 2/3 Vote Chart 7 council = 5 votes 6 council = 4 votes 5 council = 4 votes 4 council = 3 votes If the motion to reconsider is approved, the resolution will go back on the floor in its last state prior to the final vote on the main motion. It can then be amended. If the motion to reconsider fails, the resolution stands. 164 This is my official request for reconsideration Michael C oon City Council Member of Resolution 2023-001. Vie' Z�z3 RECEIVED JAN. I o 2o23 OFFICE OF THE. CITY CLERK Resolution 2023-001 Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04- 096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska. To Amend Article 3 And Extending The Term Of The Lease For 17 Years And Add Two Five -Year Options To Extend Documents: • Agenda Statement • Resolution 2023-001 • Attachments: o Request to Assign the Lease 04-96 o Assignment of Lease o Consent to Assignment o Request for extension o Lease extension amendment o Lease 04-096 o First Amendment to Lease 04-96 o Platt 2005-8 o Aerial of Lot 3B Block 1 City Council Agenda Statement Meeting Date: January 9, 2023 To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Resolution 2023-001, Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska. To Amend Articles 3, 6.1, 11.2 And 12.3 And Extending The Term Of The Lease For 17 Years And To Add Two Five Year Options To Extend Background and justification: Juris Mindenbergs currently has Lease L04-96 containing 74,180 square feet more or less of Lot 3B Block 1 Marina Subdivision, City of Seward, Alaska and recorded as Plat No.2005-8 in Seward Recording District, Third Judicial District, State of Alaska. Juris Mindenbergs has requested approval to assign the lease to ZPA, LLC, which will continue to use the leased land for a Hotel, Restaurant, and Retail shop. Article 14 of the lease allows lease assignments upon findings by City Council that the use is found to be in the public interest and that the proposed subtenant has credit -worthiness and operating experience suitable to manage the facilities on the leased property. The current lease L04-96 will expire on September 30, 2035. ZPA, LLC. would like to request a seventeen-year extension to the lease which would make the lease term ending date September30, 2052. ZPA, LLC. Is also requesting two five-year options to extend on approval of the City Council. The City is also amending Article 3 adding 3.8, which was not in the original lease. 3.8 Interim Renta/Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2023 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. iff- A This is consistent with the methodology used in all new lease actions approved by the City Council. Certain lease provisions that created a deadline for construction of an addition to the hotel are being deleted since the addition has already been built. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Attract new business and industry to the greater Seward area. Strategic Plan: Attract new industry: Develop an aggressive marketing campaign which highlights the diverse resources, and quality of life that make Seward a great place to live and establish a business or industry. Other: Certification of Funds Total amount of funds listed in this legislation: This legislation (✓): X Creates revenue in the amount of: 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 $ 62,000.00 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Boat Harbor Parking Motor Pool x Other Unassigned Fund Balance*: Available Unrestricted Cash Balance*: Electric Water Harbor Wastewater Healthcare Finance Director Signature: *unaudited numbers x Yes Attorney Signature: Not Comments: applicable x Approve Resolution Other: Attorney Review Administration Recommendation `1-9 Sponsored by: Bower Public Hearing: January 9, 2023 Request for Reconsideration: January 10, 2023 Reconsideration: January 23, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2023-001 A Resolution of the City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter Into A Consent Assignment To ZPA, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska, To Amend Articles 3, 6.1, 11.2 And 12.3, And Extending The Term Of The Lease For 17 Years, And To Add Two Five -Year Options To Extend WHEREAS, Juris Mindenbergs ("Lessee") has requested an Assignment of Lease to ZPA, LLC of the existing lease agreement with the City of Seward for 74,180 square feet, more or less of Lot 3B, Block 1, Marina Subdivision, City of Seward, Kenai Peninsula Borough, Plat No. 2005-8 recorded in the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, Article 14 of the Lease provides that the Lessee shall have the right to assign the lease upon findings by the City Council that use is found to be in the public interest; and that the proposed assignee has credit -worthiness and operating experience suitable to manage any facilities on the lease site; and WHEREAS, the lease site will continue to be utilized as a hotel, restaurant and retail shop and is consistent with current zoning and land use regulations; and WHEREAS, the current lease has been in effect since October 1, 2005; and WHEREAS, the current lease will expire September 30, 2035; and WHEREAS, ZPA, LLC is requesting to extend the lease term by seventeen years and to add two five year options to extend; and WHEREAS, ZPA, LLC has credit -worthiness and operating experience suitable to manage any facilities on the lease site; and WHEREAS, the city is amending Article 3 by adding 3.8, Interim Rental Adjustments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into Consent to Lease Assignment to ZPA, LLC, in substantially the form as attached hereto. 170 CITY OF SEWARD, ALASKA RESOLUTION 2023-001 Section 2. The recitals set forth above are incorporated herein by reference and adopted as findings of the City Council. For the reasons stated, an assignment to ZPA, LLC, in the form presented at this meeting is found to be in the public interest. Section 3. The City Manager is hereby authorized to amend and extend the lease with ZPA, LLC in substantially the form as presented at this meeting is found to be in the public's interest. Section 4. This resolution shall take effect thirty (30) days from the date and posting of adoption or on the date of closing of the sale of the improvements on the lease site to ZPA, LLC, whichever is later. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of January, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 171 Norm Regis From: Susan Mindenbergs <susanmm@msn.com> Sent: Monday, October 17, 2022 10:00 AM To: Norm Regis Cc: becky@anchorlaw.com; 'Nicole Lawrence'; callie sewardproperties.com;juris mindenbergs; Michael Franklin; Heidi Wyckoff; don@anchorlaw.com; mike@anchorlaw.com Subject: Lease Assignment External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Norm Regis, Harbor Master Mello Mr. Regis, It is acceptable to Juris and Susan Mindenbergs to begin the process of assigning the Breeze Inn lease with between Juris Mindenbergs and the City to ZPA, Ll_C. Please let me know if you need any additional information. Thank you. Susan B. Mindenbergs Attorney at Law 705 Second Avenue, Suite 1050 Seattle, WA 98104 Phone: (206) 447-1560 This communication may contain information that is confidential and/or protected by attorney -client privilege. it was intended only for the named recipient. If you have received this communication in error, please delete it immediately and contact the sender to advise them of improper delivery. 1 172 ASSIGNMENT OF LEASE RE- L09-095 THIS ASSIGNMENT OF LEASE ("Assignment") made and entered into between Juris Mindenbergs, Lessee, 4128 I48"' Avenue NE, Redmond, Washington 99052, hereinafter called "ASSIGNOR", and ZPA, LLC 1120 Huffinan Road STE 24, Anchorage, Alaska 99515, hereinafter called "ASSIGNEE" with the consent of the City of Seward, hereinafter called "LESSOR". WHEREAS, ASSIGNOR and LESSOR, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, are parties to a Lease dated October 1", 2005, as amended by the First Amendment to Lease Agreement dated September 7, 2006 (collectively as amended, the "Lease"). Subject to the covenants, conditions and stipulations in the Lease, ASSIGNOR leases from LESSOR the following improved real property: Lot 3, Block 1, Marina Subdivision, City of Seward, Alaska and recorded as Plat No.2005-8 in Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 72,125 square feet, more or less ("Premises"). WHEREAS, ASSIGNOR and ASSIGNEE are parties to a Purchase and Sale Agreement dated October 4, 2022 ("Purchase Agreement"), which includes the sale of the improvements on the Promises and assignment of the Lease. WHEREAS, this Assignment is conditioned upon the occurrence of the following two events and shall only become effective ("Effective Date") on the date which is the later of: 1) thirty (30) days from the date and posting of adoption of a passed and approved resolution by the City Council of Lessor authorizing the City Manager to enter into a Consent to Assignment to ASSIGNEE, or 2) closing under the Purchase Agreement ("Closing Date"). Failure of either condition precedent shall result in this Assignment being null and void. WITNESSETH, that for valuable consideration paid by the ASSIGNEE to the ASSIGNOR, receipt whereof is hereby acknowledged, the ASSIGNOR assigns to the ASSIGNEE all of its right, title and interest in and to the Lease to ASSIGNEE as of the Closing Date. After the Closing Date ASSIGNOR shall have no further obligations under or liabilities arising from the Lease, except; 1) those arising from or related to circumstances prior to the Closing Date; and 2) those based on ASSIGNOR's duty to defend and indemnify the Landlord pursuant to Article 15 of the Lease; and 3) those based on Article 14.1( e) of the Lease. ASSIGNEE accepts the assignment and delegation and assumes and covenants during the continuance of said Lease term to pay the rents reserved and to perform the covenants, conditions, and stipulations in said lease, as amended, to be performed by the ASSIGNOR, including without limitation, Article 21 — Environmental Concerns and to keep indemnified the ASSIGNOR against all actions, claims, and demands whatsoever in respect to the said rents, covenants, conditions, and stipulations, or anything relating thereto. 4876-6230-7642, V. 2 173 ASSIGNOR agrees to indemnify, hold harmless and defend ASSIGNEE from and against any obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to the Lease that are attributable to the period of time prior to the Closing Date. ASSIGNEE agrees to indemnify, hold harmless and defend ASSIGNOR from and against any obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to the Lease that are attributable to the period of time from and after the Closing Date. ASSIGNEE agrees to indemnify LESSOR in accordance with Article 14.1 ( d) of the Lease. This Assignment shall be binding on and inure to the benefit of the ASSIGNOR and ASSIGNEE, their heirs, executors, administrators, successors in interest and assigns. This Assignment shall be governed by and construed in accordance with the laws of the State of Alaska. This Assignment may be executed in multiple counterparts, which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and indicated. a ASSIGNOR: Juri14indenbergs Date: k k `y a V 2 ��TATE 0E-AtAS*-A- )ss TU RD JUDICIAL DISTRICT ZPA LLC V By: Charles Jackson Its: Authorized Member Date: Ibod XX s on the dates ,�*�yrsrrrraaaaa �pTA/yy.,'f- . ` SEAL, .N. = 17 A :•p: • n- ---- OrtiH���rt a* THIS IS TO CERTIFY that on this day of , 2022, personally appeared before me the undersigned, a Notary Public in and for the State of •� to me known to -� 1 s� �� b 4, who executed the foregoing instrument and acknow e gemto ffiesaid instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned of the corporation and on oath stated that they are authorized to execute said instrument on behalf of the corporation. WITNESS my hand and notarial seal the day and year first hereinabove written. 4876-6230-7642, v. 2 174 STATE OF WASHINGTON) COUNTY OF KING) THIS IS TO CERTIFY that on thisff" day of November, 2022, personally appeared before me the undersigned, a Notary Public in and for the State of Washington, to me known to Juris Mindenbergs who executed the foregoing instrument and acknowledged to me the said instrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned of the corporation and on oath stated that he is authorized to execute said instrument on behalf of the corporation. WITNESS my hand and notarial seal the day and year first hereinabove written. HRISTINE ALEMA T0811 Notary.. Public $tat* of Woshin' on Licans4r Number 2 803 My Commission Expires 4876-623o-7642, v. 2 Notary Public in and for Washington My Commission Expires: IMI CONSENT TO ASSIGNMENT This CONSENT TO ASSIGNMENT is made and entered into by the City of Seward ("City„). RECITALS A. The City and Juris Mindenbergs are parties to that certain Lease Agreement L04- 096; dated as of 10/1/2005, as evidenced in that certain Memorandum of Lease recorded 10-2-2006 as Serial No.2006-001447-0; and B. The legal description of the leased property is: Lot 3B Block 1 Marina Subdivision, City of Seward, Alaska and recorded as Plat No.2005-8 in Seward Recording District, Third Judicial District, State of Alaska. and C. Juris Mindenbergs has asked that the City consent to the assignment of all of right, title, and interest in and to the Agreement to ZPA, LLC. CONSENT 1. City hereby consents to the assignment of Juris Mindenbergs right, title and interest in and to the Agreement to ZPA, LLC's assumption of all of the obligations of Juris Mindenbergs (the assignment and assumption of the Agreement is collectively referred to herein as the "Assignment"). Following the Assignment, the Agreement shall continue in full force and effect with ZPA, LLC, substituted for Juris Mindenbergs as applicable. The undersigned has executed this Consent to Assignment as of the date set forth below. Date: Janette Bower, City Manager ATTEST: Brenda Ballou, City Clerk City of Seward ` 12, Norm Regis From: Elliott Jackson <railwaycantina@yahoo.com> Sent: Monday, October 24, 2022 10:15 AM To: Norm Regis Cc: Ristine Casagranda Subject: Re: Lease for the Breeze External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, ZPA, LLC is requesting to reassign and extend lease RE-1_04-096 for an additional 17 years with 2 five-year options to extend. Sincerely, Elliott Jackson, MBA CEO - Seward Hospitality Group 907-250--2541 httos-/Iwww.sewardhOSDitalitvarour).com/ J Norm Regis AMPP Harbormaster 1 177 20",5-001447-0 ` III9!IV�VIIIIIIIII"CiNIIIIM�Ip�III�I�II,ilYllll'll!IIVIlIIII After RecordinLa Return to: City of Seward Attention: Harbormaster PO Box 167 Seward, AK 99664 FIRST AMENDMENT TO LEASE AGREEMENT RE 2004-96 THE LEASE AGREEMENT dated October 1, 2005 (the "LEASE") for the property described as: Lot 3B, Block 1, Marina Subdivision, Kenai Peninsula Borough, Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, containing 72,125 square feet, more or less (the "Leased Land"). Lease Memorandum Recorded as 2006-001191-0. between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P. O. Box 167, Seward, Alaska 99664 and Juris Mindenbergs (the "LESSEE"), dba The Breeze Inn, whose mailing address is 4128 148a' Avenue NE, Redmond, Washington 98052 is hereby amended as follows: Section 6.1(a) of the Lease is deleted and replaced with: a) LESSEE shall cause to be constructed and operated on the Leased Land a northward extension to the existing hotel, including a Iobby, entry wav and parking. This construction is to be completed by June 1, 2007. Section 11.2 of the Lease is deleted and replaced with: Failure by LESSEE to construct in accordance with Articles 4 and 6 hereof, a northward extension of the hotel, a new lobby, entry way and parking on the Leased Land and place the facilities in service by June 1, 2007. Section 12.3 of the Lease is deleted and replaced with: In the event LESSEE fails to construct, in accordance with Article 4 and 6 hereof, a northward extension of the hotel, a new lobby, entry way, and parking on the Leased Land and place the facilities in service by Tune 1, 178 2007, LESSEE shall, at LESSEE's sole expense, replat the Leased Land by December 31, 2007 to the original plat lines described in the prior leases and amendments referred to as the City of Seward's Lease Numbers RE-67-038 and RE-84-037. If reversion to the prior plat lines is necessitated, LESSEE shall restore, no later than September 1, 2007, improvements on the Leased Land to the same location and condition existing on the Effective Date. In the event of LESSEE's failure to comply with this Section, the City shall have all other rights and remedies described in this Article 12. Section 19.1 of the Lease is amended in part as follows. - a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties; shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.310 et. sec .}, as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska_ [The remainder of 19.1 is unchanged.] .,,11 other provisions of the Lease remain unchanged and in full force and effect. CITY: CITY OF SEWARD By: Clark Corbridge Its: City Manager Date: 1 -7 — 0 b ATTEST: Jean Lewis, CMC, Ci,, ` g (City Seal) Cad •�� fi•• s 179 LESSEE: Juris Mindenbergs Date: 2006-001447-0 iuu�iiiiuiu STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) 1 This is to certify that on the � � day of 5LVLM K , 2006, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Clark Corbridge to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The City of Seward, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. V. D0446% 0 + =_ TARY PUBLIC in and for Alaska �+ y 300 y Commission Expires: 5,- STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT This is to certify that on the 6""4' day of 2006, before me, the undersigned Notary Public in and for the State eAlaska, duly commissioned and sworn as such, personally appeared Juris Mindenbergs to me and to me known to be the individual named in and who executed the foregoing instrument and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NO ARY PUIJLIC in and for Alaska My Commission Expires-. I cU-I ID MY] 3 of 2006-001447-0 LEASE AGREEMENT between CITY OF SEWARD, ALASKA .m Juris Mindenbergs Effective Date: October 1, 2005 Ir-1 TABLE OF CONTENTS ARTICLE1- LEASED LAND................................................................................................1 1.1 Description of Leased Land.................................................................................1 1.2 Covenant of Quiet Enjoyment; Warranty of Title.................................................1 1.3 Survey of Leased Land......................................................................................... 2 1.4 Property Accepted................................................................................................ 2 1.5 Permits................................................................................................................2 1.6 Platting................................................................................................................3 ARTICLE2 - LEASE TERM................................................................................................... 3 2.1 Lease Term.......................................................................................................... 3 2.2 Interim Right to Possession..................................................................................3 2.3 Lease Subject to Referendum............................................................................... 3 2.4 Termination......................................................................................................... 4 2.5 Options to Extend................................................................................................ 4 2.6 Prior Leases......................................................................................................... 4 ARTICLE3 - RENTAL RATE................................................................................................ 4 3.1 Initial Rental Rate................................................................................................4 3.2 Rental Adjustments.............................................................................................. 5 3.3 Procedure for Rental Adjustment......................................................................... 5 3.4 Effect of Late Appraisal by CITY......................................................................... 5 3.5 Appraisal by LESSEE.......................................................................................... 6 3.6 Effective Date of Adjusted Rental Rate................................................................ 6 3.7 Late Payment Charge..........................................................................................7 ARTICLE 4 - USE OF LEASED LAND..................................................................................7 4.1 Use of Leased Land............................................................................................. 7 4.2 Obligations of LESSEE........................................................................................7 4.3 No Preferential Rights to Use Public Facilities....................................................7 4.4 Adequacy of Public Facilities..............................................................................7 4.5 Tariffs and Other Service Fees............................................................................. 8 4.6 Time for Payment of Utilities and Taxes.............................................................. 8 4.7 Other Uses...........................................................................................................8 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS........................................................ 8 5.1 Utilities................................................................................................................8 5.2 Third -Party Improvements................................................................................... 9 5.3 Easements............................................................................................................9 ARTICLE 6 - CONSTRUCTION BY LESSEE....................................................................10 6.1 Improvements on Leased Land...........................................................................10 6.2 City Review of Construction...............................................................................11 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS....................................11 7.1 Return of Leased Land in Original Condition....................................................11 7.2 Return of Leased Land in Different Condition...................................................11 Q\Documents and Settings\Scotti\Local Settings\Temporary Internet Files101-KIMBreeze Inn Lease Agreement 2005 (11).doc 182 ARTICLE8 - FORCE MAJEURE ........................................................................................ I I ARTICLE 9 - CITY ACTS OF DEFAULT ........................................................................... 12 ARTICLE 10 - REMEDIES FOR CITY'S ACTS OF DEFAULT ........................................12 ARTICLE 11 - LESSEE'S ACTS OF DEFAULT ................................................................. 13 ARTICLE 12 - REMEDIES FOR DEFAULT BY LESSEE .................................................14 ARTICLE 13 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE .......................16 13.1 Real Property Improvements .............................................................................. 16 13.2 Personal Property ......................... .................................................................... 16 ARTICLE 14 - ASSIGNMENT OR SUBLEASE .................................................................. 16 14.1 Assignment qf Lease or Subleasing ...............................................................I....16 14.2 Assignment of Lease for Security ............... ....................................................... 17 14.3 Assignment to Affiliate ............................................... .... .................................... 18 ARTICLE 15 - LESSEE'S DUTY TO DEFEND/INDEMNIFY ...........................................18 ARTICLE 16 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................18 ARTICLE17 - INSURANCE ................................................................................................. 19 17.1 Minimum Insurance Requirements ..................................................................... 19 17.2 Subrogation Rights Waived ................................................................................ 19 ARTICLE 18 - CONDEMNATION .................. .................................................................... 20 ARTICLE 19 - ARBITRATION ............................................................................................ 21 19.1 Arbitration......................................................................................................... 21 ARTICLE 20 - MAINTENANCE AND REPAIRS ............................................................... 22 20.1 Normal Maintenance ......................................................................................... 22 20.2 Safety Issues...................................................................................................... 22 20.3 Cost of Repairs.................................................................................................. 23 ARTICLE 21 - ENVIRONMENTAL CONCERNS .............................................................. 23 21.1 Hazardous Materials ......................................................................................... 23 21.2 Permits and Reporting ....................................................................................... 25 ARTICLE 22 - ESTOPPEL CERTIFICATES ...................................................................... 26 ARTICLE 23 - CONDITIONS AND COVENANTS .............................................................26 ARTICLE 24 - NO WAIVER OF BREACH ......................................................................... 26 ARTICLE 25 - TIME OF THE ESSENCE ............................................................................ 27 ARTICLE 26 - COMPUTATION OF TIME ......................................................................... 27 ARTICLE 27 - SUCCESSORS IN INTEREST ..................................................................... 27 ARTICLE 28 - ENTIRE AGREEMENT .......................................................................... .... 27 ARTICLE 29 - GOVERNING LAW ..................................................................................... 27 ARTICLE 30 - PARTIAL INVALIDITY ....................................... ...................................... 27 ARTICLE 31 - RELATIONSHIP OF PARTIES ................................................................... 27 ARTICLE 32 - INTERPRETATION ..................................................................................... 28 ARTICLE 33 - CAPTIONS ................................................... ................................................ 28 ARTICLE 34 - AMENDMENT .............................................................................................. 28 ARTICLE 35 - NOTICES ............... ............................................................... ...................... 28 ARTICLE 36 - FIRE PROTECTION .................................................................................... 29 CADocuments and Settings\ScottlNt-ocal SeftingskTemporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 183 THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P. O. Box 167, Seward, Alaska 99664 and Juris Mindenbergs (the "LESSEE"), dba The Breeze Inn, whose mailing address is 4128 148th Avenue NE, Redmond, Washington 98052. WHEREAS, LESSEE has indicated its desire to replat Lots 3A and 7, Block 1, Marina Subdivision, an area of approximately 1.66 acres in size, as more particularly described below; and WHEREAS, the City Council of CITY has determined that continued lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with present or future environmental regulations or controls with respect to LESSEE's operations on the Leased Land during the lease term. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1- LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 3B, Block 1, Marina Subdivision, Kenai Peninsula Borough, Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, containing 72,125 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that: a) LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE; ME CADocuments and Settings\Scott1\Local Settings\Temporary Internet Fi(es\0LK17A\Breeze Inn Lease Agreement 2005 (11).doc 184 b) CITY owns the Leased Land in fee, and, subject to the conditions described in Sections 2.2 and 2.3 herein, is fully empowered to enter into this Lease; and c) CITY is unaware of any prior conflicting use of the Leased Land that would adversely affect LESSEE's intended use of the subject parcel. 1.3 Survey of Leased Land. If not completed prior to execution of this LEASE, within ninety (90) days from the date of this LEASE, LESSEE, at its sole cost, will cause the Leased Land to be surveyed and replatted by a land surveyor registered in the State of Alaska. A copy of the drawing and description of the Leased Land based upon this survey shall be attached to this LEASE as Exhibit B and shall be incorporated herein by reference. In such event, the description of the Leased Land in Exhibit B shall supersede the description in Exhibit A, and shall be considered the correct description of the Leased Land for all purposes under this LEASE. LES SEE shall provide CITY a copy of any and all surveys within ten (10) days of LESSEE's receipt of any and all surveys. CITY shall have the right to comment upon any and all surveys, but the exercise of this right shall not imply any obligation to do so or any obligation to do so in any particular way. If CITY objects to the surveyor's conclusions in the survey, CITY may give written notice to LESSEE of CITY's objection within thirty (3 0) days of receipt of the survey. CITY shall then engage a second land surveyor registered in the State of Alaska at CITY's expense to make a second survey of the Leased Land. CITY shall provide LESSEE a copy of the second survey within ten (10) days of CITY's receipt of the second survey. Unless CITY and LESSEE agree which survey is acceptable, the acceptable survey shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 1.4 Property Accepted "As -is". LESSEE acknowledges that it has been in possession and control of the Leased Land since 1984 under prior leases, has inspected the Leased Land, and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re -zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, C:1Oocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A1Breeze Inn Lease Agreement 2005 (11).doc `W-1 or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U. S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of- way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description prepared by LESSEE under Section 1.3 herein. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. ARTICLE 2 - LEASE TERM 2.1 Lease Term. The term ofthis LEASE (the "Lease Term") shall be in accordance with CITY's authorization Resolution No. 2004-96 (the "Resolution"). The Lease Term shall commence October 1, 2005 (the "Effective Date"). The Lease Term shall run for 30 years, ending at midnight on September 30, 2035. 2.2 Interim Right to Possession. LESSEE is hereby granted a revocable license to enter upon the Leased Land prior to the expiration of thirty (30) days from the date of passage and posting of the Resolution, subject to the terms of this Section. The granting of a revocable license to LESSEE under this Section is for the convenience of LESSEE only and does not grant any interest in the Leased Land. During the term of this revocable license, LESSEE shall not engage in any storage of materials, clearing, grading, excavation or construction of improvements on the Leased Land. CITY may revoke the license granted by this Section at any time, including without limitation upon the filing with the Clerk of CITY a petition for referendum on the Resolution. 2.3 Lease Subject to Referendum. LESSEE understands and assumes the risk that under the Charter and Code of CITY this LEASE may be voided by referendum. The revocable license granted in Section 2.2 shall not affect or reduce the right of the voters of the City of Seward to reject this LEASE by referendum. LESSEE agrees that if the Resolution approving this -3- C:\Documents and Settings\Scott1\Local Settings\Temporary Internet FileS\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 1EI: LEASE is the subject of a referendum petition filed with the Clerk of CITY during the term of the revocable license granted by Section 2.2, LESSEE shall have no rights under this LEASE unless and until the Resolution is approved by the voters of the City of Seward, and LESSEE shall not be entitled to any damages or any other relief against CITY in the event the Resolution is not so approved. 2.4 Termination. This LEASE shall terminate at midnight on September 30, 2035. Except for extensions as provided in Section 2.5 below, this LEASE is not subject to renewal. 2.5 Options to Extend. LESSEE shall have the right to extend the term of this LEASE for three (3) additional five (5) year periods (cumulative extensions not to exceed fifteen (15) years), provided that: a) LESSEE exercises any applicable option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; c) LESSEE shall exercise its options to extend by sending written notice thereof in accordance with the provisions of Article 35 of this LEASE; and d) The City Council of CITY, at the time each option to extend is exercised, approves the extension by resolution or ordinance. 2.6 Prior Leases. Leases RE-67-03 8 and RE-84-03 7, encompassing the Leased Land, are hereby terminated upon the Effective Date of this LEASE; provided, however, that all terms and covenants under such prior leases relating to the lessee's agreement to protect, indemnify, defend and save harmless CITY from all liabilities arising under each such prior lease shall survive termination. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through December 31, 2005, the annual rental rate for the Leased Land shall be sixty-four cents ($.64) per square foot. CITY and LESSEE agree to use 72,125 square feet for purposes of computing the initial annual rental rate, even if the actual area of the Leased Land is slightly more or less. If a survey later shows the area to be different from the agreed size, the new measurement will be used for computing subsequent rental payments. Past rental payments will not be refunded, in full or part, if a subsequent survey depicts an area measurement less than 72,125 square feet. -4- CADocuments and Settings\Scottl\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 187 Effective January 1, 2006 through June 30, 2010, the annual rental rate for the Leased Land shall be set at $56,000. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one -quarter ofthe annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2010, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure forRental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE'S appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal -5- C:Tocuments and SettingslScottl\Local Settings\Temporary Intemet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 188 or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE'S appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE'S appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE'S appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal reportto LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 9DE CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 189 3.7 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 21 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall develop the Leased Land according to the site development plan provided to and approved by CITY, through the City Manager. The preliminary site development plan is attached to this LEASE as Exhibit C and incorporated herein by reference. Any changes to this site development plan require CITY approval, through the City Manager, prior to additional construction. LES SEE's failure to obtain CITY approval of any changes to the site development plan or LESSEE's failure to construct the improvements according to the site development plan, shall be a LESSEE Act of Default under this LEASE. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities M Q\Documents and Settings\Scotti\Local Settings\Temporary Internet FileslOLK17A1Breeze Inn Lease Agreement 2005 (11).doc `RX are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations and scheduled fees from time to time even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. CADocuments and Settings\Scottl\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc ` 11 LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LES SEE's facilities on the Leased Land, it being the intent ofthe parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc `My, development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) LESSEE shall cause to be constructed and operated on the Leased Land a northward extension to the existing hotel, including a lobby, entry way and parking. This construction is to be completed by April 1, 2006. b) The cost of any such construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. c) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. d) In a manner consistent with Section 4.2, LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. e) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. f) Any general contractor employed by LESSEE or its sublessees shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000.00), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. g) CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Land. h) LESSEE shall comply with all federal, state and local statutes and regulations with 9r1� CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\0LK17A\8reeze Inn Lease Agreement 2005 (11).doc `P:x0 respect to such construction, including but not limited to all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Sections 4.2 and 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may inspect the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 13.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement of Lease RE-67-038 and Lease RE-84-037, subject to normal, non -abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during or prior to this LEASE. 7.2 Return of Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this LEASE for any reason LESSEE may return the Leased Land in a re -contoured or graded clean, safe, and stable condition different from its original condition provided CITY grants written approval of LESSEE's plans for development ofthe Leased Land contours, including its plans for material extraction and final grade. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of God, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\CLK17A\Breeze Inn Lease Agreement 2005 (11).doc 194 ARTICLE 9 - CITY ACTS OF DEFAULT Each of the following shall be a "CITY Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, when they are used in this LEASE, any one or more of the following events: 9.1 Failure by CITY to fulfill, observe or perform any covenants or agreements on its part to be observed or performed under this LEASE for a period ofthirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to CITY by LESSEE; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by CITY within the applicable period and diligently pursued until the default is corrected. 9.2 Violation by CITY of any applicable laws or regulations of the United States, the State of Alaska, the Kenai Peninsula Borough, or the City of Seward or any conditions of any permits issued by agencies ofthe City of Seward, the Kenai Peninsula Borough, the State ofAlaska or of the United States Government pursuant to the regulations of such agencies for a period of sixty (60) days after written notice specifying such violation has been given by the agency to CITY; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by CITY within the applicable period and diligently pursued until the violation is corrected. Furthermore, if CITY shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined, provided such proceedings are diligently pursued. ARTICLE 10 - REMEDIES FOR CITY'S ACTS OF DEFAULT 10.1 Whenever an act of default by CITY shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, LESSEE shall have the following rights and remedies in addition to any rights and remedies that may be given to LESSEE by statute, common law or otherwise: a) Withhold payment of any rent otherwise due CITY to the extent of CITY's default; b) Recover from CITY, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by LESSEE by reason of the default by CITY; and/or c) Declare this LEASE terminated. 10.2 No expiration or termination of this LEASE shall expire or terminate any liability or -12- CADocuments and Settings\Scott1\Local SettingsWemporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc `P17 obligation to perform of CITY's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.3 Each right and remedy of LESSEE provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by LESSEE of any one or more of the rights and remedies provided for in this LEASE, now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by LESSEE of any or all other rights or remedies provided for in this LEASE, now or thereafter existing at law or in equity or by statute or otherwise. 10.4 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11- LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 11.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 11.2 Failure by LESSEE to construct in accordance with Articles 4 and 6 hereof, a northward extension of the hotel, a new lobby, entry way and parking on the Leased Land and place the facilities in service by April 1, 2006. 11.3 Failure by LESSEE to observe, fulfill or perform any other covenants, conditions or agreements on its part to be observed or performed under this LEASE for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 11.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property, or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement or readjustment of debt law or -13- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2605 (11).doc IP12, statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 11.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government applicable to LES SEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. ARTICLE 12 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law or otherwise: 12.1 CITY may distrain for rent due any ofLESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 12.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under sub -paragraph 12.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 12.3 In the event LESSEE fails to construct, in accordance with Article 4 and 6 hereof, a northward extension of the hotel, a new lobby, entry way, and parking on the Leased Land -14- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc iPYA and place the facilities in service by April 1, 2006, LESSEE shall, at LESSEE's sole expense, replat the Leased Land by December 31, 2006 to the original plat lines described in the prior leases and amendments referred to as the City of Seward's Lease Numbers RE-67-038 and RE-84-037. If reversion to the prior plat lines is necessitated, LESSEE shall restore, no later than September 1, 2006, improvements on the Leased Land to the same location and condition existing on the Effective Date. In the event of LESSEE's failure to comply with this Section, the City shall have all other rights and remedies described in this Article 12. 12.4 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover from LESSEE an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE provided that if the CITY relets the Leased Land for the unexpired term of this LEASE, the CITY will refund such excess amounts, if any, after deducting all of the CITY's expenses in or in connection with reletting (including without limitation all repossession costs, brokerage commissions, legal expenses, administrative expenses, costs of advertising, and preparations for reletting) as such excess amounts are received by the CITY, but in no event shall the refund exceed the amount recovered from LESSEE; e) Recover all damages incurred by CITY by reason of LESSEE's default or breach including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting including costs of necessary renovation and alteration of the premises, reasonable attorney's fees and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 12.5 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. -15- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 198 12.6 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LES SEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 12.7 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 12.8 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 13 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 13.1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 13.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 14 - ASSIGNMENT OR SUBLEASE 14.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign this LEASE without CITY's prior written consent, in CITY's sole discretion. LESSEE may sublease a portion of the Leased Land or buildings or improvements located thereon only with CITY's prior written consent, which consent shall be granted if: -16- C:\Documents and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11)Aoc 199 a) The use of the Leased Land by the proposed sublessee is compatible with the use of adjacent lands; b) The proposed use is a permitted use under the then existing zoning regulations and comprehensive land use plan; c) LESSEE has made a written request to sublease a portion of the Leased Land or buildings or improvements located thereon and provided CITY with a copy of the sublease agreement. The sublease agreement shall state that it is subject to and subordinate to this LEASE and any amendments thereto; d) The sublessee shall agree to defend, indemnify and hold harmless the CITY, its officials, employees, and agents, from any and all liability or claims for damages, including personal injuries, death and property damage arising out of or resulting from sublessee's use of the Leased Land by themselves, their agents, contractors, guests or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors; e) LES SEE's full faith and credit shall remain obligated under this LEASE as though the sublease had not taken place; f) The sublessee assumes and agrees in writing to pay and perform all of the obligations of LESSEE hereunder including, without limitation, Article 21- Environmental Concerns; and g) The sublessee has credit -worthiness and operating experience suitable to manage any sublet facilities located on the Leased Land. 14.2 Assignment of Lease for Security. Notwithstanding Section 14.1 above, LESSEE may assign, encumber or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 12 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, -17- C:\Documents and Settings\ScottMocal Settings\Temporary Internet Files\OLK17A\6reeze Inn Lease Agreement 2005 (11).doc a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 11.3, CITY shall not exercise any of the remedies afforded to it under Article 12 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser or transferee shall remain bound by each and every term of this LEASE. 14.3 Assignment to Affiliate. Notwithstanding Section 14.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2)1 or to an Alaska limited liability company in which LESSEE maintains a controlling membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 15 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 16 - CITY'S DUTY TO DEFENDANDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. I Affiliate means a person that directly or indirectly tbrough one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subject to the Alaska Corporation Code. -18- CADocuments and SettingsiScottl\Local SettingslTemporary Internet FIIes10LK17A1Breeze Inn Lease Agreement 2005 (11).doc PAG ARTICLE 17 - INSURANCE 17.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (3 0) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 37 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 17.2 Subrogation Rights Waived. To the extent permitted bylaw, LESSEE hereby releases CITY, EM CADocuments and Settings\Scottl\Local Settings\Temporary Internet Files\OLK17AlBreeze Inn Lease Agreement 2005 (11).doc %9y, its elected and appointed officials, employees and volunteers and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 18 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. -20- C:\Documents and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 203 ARTICLE 19 - ARBITRATION 19.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09,43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than Fifty Thousand Dollars and No/100s ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than Fifty Thousand Dollars and No/100s ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than Fifty Thousand Dollars and No/100s ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. C:Mocuments and Settings\Scottl\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc ►zerI d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other parry, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 20 - MAINTENANCE AND REPAIRS 20.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non -abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. 20.2 Sa, fety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk and expense. -22- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 04117 20.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision ofthe arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 21- ENVIRONMENTAL CONCERNS 21.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution ofthis LEASE. LESSEE acknowledges that he has been in possession and control of part or all of the Leased Land since May 23, 1984. b) Release of CITY. Any other provision of this LEASE to the contrary notwith- standing, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. -23- CADocuments and Settings\Scotts\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc ►49Ty c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; -24- C:Occuments and Settings\Scottl\Local Settings\Temporary Internet FllesIOLK17A\Breeze Inn Lease Agreement 2005 (11).doc ► IN iii) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 21.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur prior to or during the term ofthis LEASE; and (2) arise in whole or in part from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 21.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits -25- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc PAIR shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 22 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such parry, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, ifthere has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof); and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 23 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 24 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. -26- CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 209 ARTICLE 25 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 26 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. ARTICLE 27 - SUCCESSORS IN INTEREST Each and all of the terms, covenants and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 28 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 29 - GOVERNING LAW This LEASE shall be governed by, construed and enforced in accordance with the laws ofthe State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including without limitation, Chapter 7.05 of the Seward City Code, ARTICLE 30 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. ARTICLE 31- RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE nor any acts of the parties, shall be deemed to create any -27- C:\Documents and Settings\Scott1\Lccal Settings\Temporary Internet Files\0LK17A\Breeze Inn Lease Agreement 2005 (11).doc ►4191 relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 32 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 33 - CAPTIONS Captions of the articles, paragraphs and subparagraphs ofthis LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this LEASE. ARTICLE 34 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 35 - NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Juris Mindenbergs 4128 148th Avenue NE Redmond, WA 98052 _28_ GADocuments and Settings\Scott1\Loca1 Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc PAS Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 36 - FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LES SEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. IME CADocuments and Settings\Scott1{Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc I4W IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: CITY OF SEWARD CA t �, /� �. By: Clark Corbridge Its: City Manager Date: 7—/9 — ©& STATE OF ALASKA 1 TFHRD JUDICIAL DISTRICT LESSEE: Juris Mindenbergs Date: -)_,�_ ss. This is to certify that on the jday of :1�� , 2006, before me, the undersigned Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Clark Corbridge to me and to me known to be the individual named in and who executed the foregoing instrument on behalf of The City of Seward, and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. `tlii{lilli/j! gP�� oTA �Q/- �0cS� NOTARY PUBLIC in and fd Alaska My Commission Expires: Z 3OF D� 'On EXPI" k 0`` - 30 - �7#111l1it0 CADocuments and Settings\Scott1\Local Settings\Temporary Internet Files\0LK17A\Breeze Inn Lease Agreement 2005 (11).doc %AIG] STATE OF ALASKA ss. THRD JUDICIAL DISTRICT This is to certify that on the l 7` day of 2006, before me, the undersigned Notary Public in and for the State of Alaska, duR commissioned and sworn as such, personally appeared Juris Mindenbergs to me and to me known to be the individual named in and who executed the foregoing instrument and acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal the day and year first written above. NOTARY PUBLIC in and for Alaska My Commission Expires: 3 /D -31 - O:\Documents and Settings\Scott1\Local Settings\Temporary Internet Files\OLK17A\Breeze Inn Lease Agreement 2005 (11).doc 214 B R q 32 t} v t e ^e �I PLAF oW � e� e VICINITY MAP C 60' I � I PLAT APPROVAL 'IT L'O'I S 86U6'34" T pl t pp by to K. a Pen sla Borough Planning omrz eso, at the rneet'ng �'F Yha� 2Fi toot' i Borough O'itc'ai y LEGEND T roan' D,I If FAR y B ass Gap t ovrd Reba, & At. 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NOTES i L, ....... p thil ILIt I, to —It, nter'or Lot L 2 Ih p I I, Ab!t t th (Sty of Seward s land LIXB wdZ 3 No p ent et t ns may be c tru cted or pia tl -thin a which would nterfere w iU, the obility ao tlilty to uae the eosemen.. SURVEYORS CERTIFICATE i h y y th t I F sad prosenty D th t t .d y . St t f AI k th pot yo tl y tl' i p Rem en r9 ehaw,, ner uauy eeeaT ,et ae dbed. �dHd ml d�n,e�s onn ono ou XXI. e o eat to 'he rz Tel standards of p—Vc , of iond surveyors in D,e Slate of Alaeka. DATE DATE goaatM ay %lflE CERTIFICATE OF OWNERSHIP AND DEDICATION h by tfy rh t th f IL I p y s'h tl d b tl h d tt t h by d pt 11 �onsant btl' "s n, and g,ant c.. eo —w— by oar .rse Cla,k C bridge, Interm City Manager C t7 f Seward PO. COX 167 Seward, AN 99664 NOTARY'S ACKNOWLEDGEMENT IOR SU9 OMBFD AND SWORN TO BEFORE ME THIS DAY OF , 20 NOTARY FOR ALASKA My COMMISSION EXPIRES LESSEE CERTIFICATE sF by ecn,f th I am the '.e see of th p party os r d if t I hereby approve A abdvson- ddrs Mindenberg 0F�a 8,eB,K Inn P.O. Box 2147 ti Sew Ird, AS 99664 NOTARY'S ACKNOWLEDGEMENT FOR - ,F� ; , SUBS RRED AID SWORN TO BEFORE ME THIS DAY 0 NOTARY FOR AIASKA ItititlR)ilJ, COMMISSION EXPIRTI xT$ ✓giRl, �Y 1 s 5 A _ t MARINA SUBDIVISION MINDENBERGS REPLAT A RESUBDI RSO),N OF LOTS 7 AND 3A BLOCK '. MARINA SUBDIV1SrON W%,H; TTOF SW 1/4, SECTION 5 T t S, IS7 W, SEWARD VLf?S4N, ALASKA CITY OF SEWARD S£ WA OD P CORDING DOS NICT CONTAINING 170 ACR'S CLINE AND ASSOCIATES LAND SURVEYORS 661 t'• DRAWN. WNC �p,�Ja'4d cmos-o""' KENAI PENINSULA BOROUGH 144 N. BINKL,EY ,, SOLDOTNA, ALA SKA - 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DALE BAGLEY MAYOR CERTIFICATE OF TAX DEPARTMENT I, Rhonda K. Krohn, Property Tax and Collections Supervisor for the Kenai Peninsula Borough, do hereby certify that all real pro erty taxes levied by the Kenai Peninsula Borough through December 31, 20E4 have been paid for the area(s) described as: Subdivision: MARINA SUBDIVISION MINDENBERGS REPLAT Parcel # 14731009-8 T01S R01W S03 SW0760001 MARINA SUB LOTS 1 & 7 & 8 BLK 1 Lot 7 Blo ck 1 Parcel # 14731017-1 T01S R01W S03 SW0960024 MARINA SUB REPLAT OF LOTS 3 4 8 BLK 1 Lot 3A Block 1 Effective January 1, 2005 the 2005 estimated taxes of $32 575.94 were �aid on the above property(s). However, if the estimated faxes* are less han the actual taxes levied on July 1, 2005, the difference is a lien against the property(s) until paid. Witness my hand and seal this 24th day of May, 2005. Property Tax and Collections Supervisor PAR �pJrENINs arj` `7 Geographic Information O R ❑ 5 144 North Binkley Street, Soldotna, Alaska 99669 Breeze Inn Lot3B Block 1 Legend Mileposts City Limits Highways Major Roads Roads — Town Medium Volume — Town Low/Seasonal, Other - Proposed Parcels Image ■ Red: Band_1 Green: Band _2 ■ Blue: Band_3 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. It is not to be used for navigation. Notes Type any notes here. DATE PRINTED: 1/14/2022 04IN 1 I City of Sewarg Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 552 CALL TO ORDER The October 11, 2022 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY The commission led the pledge of allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Troy Staggs Comprising a quorum of the Commission; and Nathaniel Charbonneau Brenan Hornseth Sean Ulman Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Brenda Ballou, City Clerk Excused — Monaco Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold, inside city limits, thought the draft Municipal Plan was a vast improvement over the 2014 plan; she hoped the commission consider incorporating some of her suggestions in the next iteration. She believed the Forest Acres Campground should remain a campground and not be sold. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Staggs) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the August 2, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS 218 City of Sewarg Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 553 Proclamations and Awards — None City Administration Report. Community Development Director Jason Bickling stated the department had been busy preparing for tonight's meeting. He announced that on October 17, 2022 the commission would have a joint work session with the Seward Bear Creek Flood Service Area Board (SBCFSAB) at the Seward Community Library. He said the November 1, 2022 P&Z meeting would be rescheduled to November 8, 2022 and would also be held at the Seward Community Library. Other Reports and Announcements — None Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2022-019, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Gateway Subdivision, Amended Tract B; Located At 2109 Unimak Circle; Creating Gateway Subdivision 2022 Lindquist Addition, Lots 14-18, Block 8. Motion to Approve (CharbonneauNerhey) Approve Resolution 2022-019 City Planner Courtney Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Thomas Lindquist, outside the city, supported this resolution. Carol Griswold, inside city limits, requested the parcel widths and frontages in the resolution be corrected to say 60 feet. No one else appeared and the public hearing was closed. Motion to Amend (CharbonneauNerhey) Motion to Amend Passed Main Motion Passed Amend Resolution 2022-019 in the 5` Whereas by striking the words "30'-60' and" and "respectively" so that it reads, "...the parcels widths and frontages meet the required minimum of 60'." Unanimous Unanimous 1 1 1 PAY] 1 City of Sewarg Alaska Planning & Zoning Commission Meeting October 11 2022 Minutes Volume 7, Page 554 Resolution 2022-020, Granting A Conditional Use Permit To Zimmerman Investments LLC To Construct A Tri-Plex On Lot 42, Block 2, Gateway Subdivision Addition No. 1; Located At 2007 Dunham Drive; Within A Multi -Family (R3) Zoning District. Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-020 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Amend (Charbonneau/Verhey) Motion to Amend Passed Motion Passed Amend Resolution 2022-020 to require a three -wall structure with a roof to house the bear -proof trash receptacles rather than a dumpster. Unanimous Unanimous Resolution 2022-021, Recommending City Council And Kenai Peninsula Borough Approval Of The Preliminary Replat Of Fort Raymond Subdivision, Replat No. 1, Lot 12A; Located At 911 Hemlock Ave; Creating Hemlock Subdivision, Tracts A And B. Motion to Approve (Charbonneau/Verhey) Approve Resolution 2022-021 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, said the preliminary plat needed to be corrected because it contained conflicting flood information wherein there were references indicating the property was not in a flood zone and other references indicating it was in a flood zone. As well, there were adjacent properties that had not included in the plat but which should be represented for accuracy. Griswold said the documentation was incomplete in other areas, as well. Peggy Ventura, outside the city, had recently watched a documentary that gave her an appreciation about how important parks were to communities. She asked that this property be retained as a park so that visitors and locals alike could enjoy it year round. She said there were other places in town to develop housing, and if this area was destroyed it would never be regained. Ventura shared moments of observing wildlife and nature in this area. 220 City of Sewarg Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 556 Dave Hale, outside the city, represented R&M Consultants. He said replatting the property would not change the current use of the property; instead, the replat would allow the city to rezone the bike park as a park, which was what the community wanted. No one else appeared and the public hearing was closed. Staggs believed that retaining the property in its current form without replatting it would protect it the best. Unless there was the intention to develop this portion, he didn't see the point of replatting this property. He wished to keep the properties together and rezone them to park. Charbonneau believed the bike park needed to be zoned as a park, and he thought the bike park portion needed to be separated from the campground property. He thought it made sense to separate the property into two parcels. Motion Passed Yes: Verhey, Hornseth, Ulman, Charbonneau, Sullivan No: Staggs Resolution 2022-022, Recommending City Council Approval Of The Land Use Amendment To Rezone Proposed Tract B, Hemlock Subdivision; From An Institutional (INS) Zoning District To Park (P) Zoning District. Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-022 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. The commission suspended the rules to speak with Dave Hale from R&M Consultants. Sullivan wished to clarify the impact of this resolution and the previous resolution. R&M Consultant Dave Hale stated if this resolution was approved, it would rezone the southern tract, the bike park, to park; the northern tract, the campground, would remain institutional. The commission went back on the rules. Motion Passed Unanimous Resolution 2022-023, Recommending City Council Amend Portions Of Seward City Code; 15.10.140(B)(49) Definitions, Lodging; 15.10.226(B) Land Uses Allowed, Modifying And Including Additional Regulations Relating To Lodging, Short -Term Rentals; And 15.10.226 Land Uses Allowed Table. 221 1 1 City of Seward, Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 557 Motion to Approve (Charbonneau/Staggs) Approve Resolution 2022-023 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Bringhurst called attention to the laydown provided which provided an alternate draft ordinance than what was included in the packet. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, supported the substitute ordinance, but requested that the definition for "Bed and Breakfast" be deleted because it was redundant to short term rental, that the commission modify the definition of "Short Term Rental", and that the Life Safety requirements be updated to align with Fire Department recommendations. In addition, she requested that the number of bedrooms be limited to three rather than five in principally residential zones. No one else appeared and the public hearing was closed. Motion to Amend (Charbonneau/Staggs) Motion to Amend Passed Motion to Amend (Charbonneau/Staggs) Main Motion Passed UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Amend Resolution 2022-023 by adopting the substitute ordinance provided as a laydown. Unanimous Amend Resolution 2022-023 under SCC 15.10.226 (b) (6) by striking "five" and replacing it with "three". Unanimous Resolution 2022-015, Recommending City Council Adoption Of The Municipal Lands Inventory And Management Plan — 2022 Update. Motion to Approve (Verhey/Charbonneau) Approve Resolution 2022-015 Bickling thanked the public for all their input, and appreciated all the work the commission had done on this document. He commended Planning Technician Selena Soto for the work she did on the mapping. ►4% City of Seward Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 558 Bringhurst announced that the resolution number would be changed from 2022-015 to 2022-024 because the original resolution number was assigned some time ago when the resolution was expected to go before the commission; however, due to unforeseen delays, the resolution was coming tonight for the first time so Bringhurst wished to align the number to bring it current. Sullivan stated this was a living document. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Reminder: October 17, 2022 joint work session with the Seward Bear Creek Flood Service Area Board at 6: 00 p.m. at the Seward Community Library. Reminder: November 1, 2022 regular meeting at 7: 00 p.m. Bickling stated the November 1, 2022 meeting was rescheduled to November 8, 2022 and would be held at the Seward Community Library. CITIZEN COMMENTS Carol Griswold, inside the city, suggested the commission reconsider the Resolution 2022-021 for the bike park because the preliminary plat was simply not accurate. She also wished the definitions would be cleaned up in the lodging section of city code. Griswold appreciated the amendments to reduce the number of bedrooms from five to three. She suggested the language for a new owner being eligible to apply for a permit was currently misleading because it suggested the new owner was automatically eligible, not just eligible to apply. Tim McDonald, inside the city, asked the commission to consider the boundaries of the city; his property straddled inside and outside city limits. He asked the commission to consider taking a position on annexing land outside city limits; he believed annexation would ultimately prove to be more beneficial to the annexed citizens. McDonald said the city was currently pressing him hard on various issues related to his property, he didn't think it was fair, and he believed there might be more people in that boat than just himself. He also thought that residents outside city limits should have a chance to cast their vote for city issues. He thought there was not enough land to develop housing inside the city. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Charbonneau thanked the Community Development Department for all their work. He thought they did a wonderful job. Sullivan echoed those sentiments and thanked the staff for all their hard work. 1 223 City of Seward, Alaska Planning & Zoning Commission Meeting October 11, 2022 Minutes Volume 7, Page 559 ADJOURNMENT The meeting was adjourned at 8:05 p.m. Brenda Ballou, Clare qullivan City Clerk Chair (City Seal) to • SEAL :'= KIV ��'%q�OF�ALPS`C•''��. u 1 224 City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 560 CALL TO ORDER The November 8, 2022 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:04 p.m. by Vice Chair Vanessa Verhey. OPENING CEREMONY Vanessa Verhey led the pledge of allegiance to the flag. ROLL CALL There were present: and Vanessa Verhey (presiding) Victoria Monaco Tfey Staggs Comprising a quorum of the Commission; and Nathaniel Charbonneau Sean Ulman Jason Bickling, Community Development Director Courtney Bringhurst, City Planner Selena Soto, Planning Technician Excused — Sullivan, Staggs, Hornseth Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Monaco) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 11, 2022 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards —None City Administration Report. Community Development Director Jason Bickling updated the commission on the charette that was held for the future Public Works building. He also mentioned the current progress being made on short term rental language, the legislative ►41&1 City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 561 priorities guides, and the current GIS cemetery project. Other Reports and Announcements — None Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2022-025, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lot 4A-1 and Lot 41), Block 7, Fourth of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4; Vacating the West 5' Utility Easement of Lot 41), Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat, and East 5' Utility Easement of Lot 4A-1, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat. Motion to Approve (Charbonneau/Ulman) Approve Resolution 2022-025 City Planner Courtney Bringhurst corrected from the packet that there were public comments received. Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, said that utility easements should be relocated if they were to be vacated especially in areas that were not yet served by utilities. All parcels created from the replat should have a five-foot utility easement added and those touching the roads should have at least a ten -foot easement. Griswold was also concerned about traffic patterns within this area and how they could be affected by moving vessels if the easements were not provided in the replat. She recommended changing proposed Lot 4A-4 into two parcels to be used for parking. She also recommended changing Sorrel Road to Healy Road to eliminate confusion for emergency services. Sam Lockwood, general manager of JAG, stated JAG employed 135 individuals this past year. By replatting these parcels, it would allow for a rail extension that would help keep the 135 employees and possibly would provide more work for additional employees. No one else appeared and the public hearing was closed. Charbonneau stated that he appreciated keeping the beach access from Sorrel Road. He agreed with Griswold on making Lot 4A-4 separate parcels for parking, but stated that this may be a future discussion. He commented on how the easements should be shifted over five feet if the lot lines were to be shifted over and did not understand why the replat did not relocate the utility easements. ►41V City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 562 Monaco agreed with Charbonneau's statement on why the utility easements were not to be relocated. Bickling stated he discussed the replat with City staff. The conclusion about relocating the utility easements was to wait until possible funding as utilities in the Seward Marine Industrial Center (SMIC) area was on the legislative priorities guide. Once the funding was in place, then the City would plan out the placement of utility easements within SMIC. Parking near proposed Lot 4A-4 was on the priorities for the commission to discuss a better parking plan for the quarry and Fourth of July Beach access. Verhey voiced concerns on proposed Lot 4A-2 and the travel lift access being cut off. Charbonneau responded Morris Avenue could be used as access. Verhey stated she agreed with Griswold on renaming a portion of Sorrel Road. Charbonneau suggested discussing the renaming of Sorrel Road in the future. Motion Passed Unanimous Resolution 2022-026, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Land Use Amendment to Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District. Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-026 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, summarized the events since the postponement of Resolution 2021-015, which was a conditional use permit application by the same applicant to allow boat repair and a boat/RV storage business on the same lot. Resolution 2021-015 was postponed by the commission indefinitely, even though the structure had been built. Griswold stated that the commission was not provided with sufficient information to make an adequate decision on Resolution 2022-026, and mentioned how the applicant did not provide support for the rezone in the Comprehensive Plan, rather the rezone would be considered a spot zone. She mentioned that the lot showed a steep drop-off from adjacent homes to the south that are in a rural residential zone which could perhaps favor a rezone to resource management due to that drop-off. However, she stated that the commission needed to consider all of the facts of the application before making a decision. No one else appeared and the public hearing was closed. ON City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 563 Charbonneau stated that the proposed rezone does not support the Comprehensive Plan, and that the lot could have been used for potential homes. He agreed with Griswold that the area where the lot was located was steep and possibly not a good area for housing development. He stated that the area would be better for boat storage in case of possible flooding. Verhey stated that the zoning map showed the lots on the north side of the proposed rezone as resource management so the rezone would not necessarily be a spot zone. Motion Passed Unanimous Resolution 2022-027, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code, 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA). Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-027 Bringhurst stated that the portion of code relating to floodplain development has not been updated since 2016. The Commission's joint work session held on October 17, 2022 with the Seward Bear Creek Flood Service Area reviewed the model ordinance sent by FEMA. After that work session, Bringhurst reached out to the City's FEMA representative to clarify a few points on the model ordinance. The FEMA representative has not responded yet so she recommended a postponement on Resolution 2022-027. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion to Postpone (Charbonneau/Ulman) Motion Passed UNFINISHED BUSINESS —None NEW BUSINESS Resolutions Postpone Resolution 2022-027 until FEMA representative responds to questions. Unanimous Resolution 2022-028, A Resolution of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat. Motion to Approve (Charbonneau/Monaco) Approve Resolution 2022-028 228 City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 564 Bringhurst recited the information in the agenda statement, reviewed the conditions being proposed, and recommended approval. Motion Passed Unanimous Other New Business Items Set topic for November 15, 2022 work session. Bickling stated that a lot of these topics have come up throughout the year and gave a quick review of each topic. The commission discussed the priorities and asked staff to pick a topic. Charbonneau mentioned he would like to see the Fourth of July Beach/Spring Creek campground parking addressed this winter. Discuss cancelling the December 20, 2022 work session. Charbonneau mentioned he would be here all December. Monaco stated she would be here as well. Bickling stated he would reach out to the other commissioners to see their availability for the work session. Discuss adjusting January meeting dates. Bickling suggested moving the January meeting dates back a week since the January 3, 2023 meeting was so close to a holiday. INFORMATIONAL ITEMS AND REPORTS Reminder: November 15, 2022 regular Planning and Zoning Work Session at 6: 00 p.m. in the Council Chambers, City Hall. Reminder: December 6, 2022 regular meeting at 7: 00 p.m. CITIZEN COMMENTS Carol Griswold, inside city limits, stated that she was pleased with some of the commissioners' findings with Resolution 2022-025 where the rezone would be a better fit to resource management as the elevation of that lot was lower. However, she was unhappy with the preliminary replats as the replats should contain more information. She stated that the commissioners should request for utility easements to be placed on the preliminary replats in order to plan for the future. 229 City of Seward, Alaska Planning & Zoning Commission Meeting November 8, 2022 Minutes Volume 7, Page 565 COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst thanked the commission for their time and efforts. Bickling also thanked the commission for their time, and also was looking forward to working through more Title 15 topics. Ulman thanked Vice Chair Verhey for running the meeting. Charbonneau thanked the administration for their packets, and thanked Griswold for all of her information and the time she has taken into presenting the information at the meetings. Verhey thanked administration. ADJOURNMENT The meeting was adjourned at 8:00 p.m. Selena Soto Planning Technician (City Seal) Vanessa Verhey Vice Chair Clerk's note: These minutes were approved by P&Z on 1/10/2023. 230 City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page CALL TO ORDER The November 10, 2022 regular meeting of the Historic Preservation Commission was called to order at 7:00 p.m. by Chair Tanguy Libbrecht. OPENING CEREMONY Mary Ann Benoit led the Pledge of Allegiance to the flag. ROLL CALL There were present: Tanguy Libbrecht presiding and Sue Ward Mary Ann Benoit Dona Walker Art LeMaster comprising a quorum of the Commission; and Bailey Sayler, Library Museum Director Kris Peck, Deputy City Clerk Excused — None Absent — None Vacant — Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cheryl Seese, inside city limits, spoke of a recent Historic Preservation award she had received, as well as the timeframe to decline a nomination for such an award. She thanked everyone on the commission for their service to the community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Libbrecht/Ward) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: Approval of the October 13, 2022 Historic Preservation Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS PAIi City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Proclamations & Awards — None Chair Report Libbrecht thanked Ward for her work on the 2023 Historic Preservation Meeting schedule. Other Reports and Announcements Report on Historic Preservation Facebook Page. Benoit reported their most recent Facebook posts focused on the St. Peter's Episcopal Church and heritage tourism. Report on Certified Local Government (CLG) Grant 20005. Benoit said that a digital version of the walking tour map was available by scanning a widow decal QR code with a smart phone. There was currently one window decal located at the Chamber of Commerce. The Seward Community Library & Museum would have their window decal posted within the next few days. The availability of the digital walking tour map would reduce the overall usage of the printed maps. Report on USS Alaska LeMaster provided a laydown on the USS Alaska Submarine memorial concept. Navy veterans of the submarine had expressed interest in a memorial plaza located in Seward. LeMaster intended to keep Historic Preservation in the loop on any future ideas forthe project. LeMasternoted the submarine was still in active service and it could be 15-20 years before decommissioned sections of the submarine would become available. The conning tower of the submarine was the most ideal piece and would require a 60 x 60 square foot space to be displayed. Libbrecht responded that it seemed reasonable for Historic Preservation to keep the project on their radar. Library Museum Director Bailey Sayler added that she was also working with the veterans of the USS Alaska to feature a small-scale model of the submarine inside the Seward Community Library. Presentations — None NEW BUSINESS Other New Business Items Possible proposal for helping write a grant for St. Peter's Episcopal Church pay: City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Libbrecht said he would be happy to assist St. Peter's Episcopal Church in applying for any available grants to maintain the building. He felt St. Peter's Church was an important historic building to the Seward community. LeMaster said he had talked with the church wardens and planned to get together to discuss applying for grants. He would volunteer his time separate from Historic Preservation and said he would keep the commission in the loop with updates. 2023 Historic Preservation Commission Priorities & Meeting Schedule Motion (Ward/Benoit) Approve of 2023 Historic Preservation Commission Priorities & Meeting Schedule Libbrecht said the Historic Preservation Commission wanted to have four meetings a year with each meeting preceded by a work session. The meetings would be held on the second Thursday in January, April, August, and November. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Cheryl Seese, inside city limits, said the nationwide Episcopal Church organization had a lot of funds for repairing historic churches and she would look into it as a citizen. She suggested the USS Alaska Memorial be incorporated into the existing Mariner's Memorial on the South Harbor Uplands. Seese would also like to see a Jesse Lee Home Memorial that told the full story of the building and its inhabitants. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Benoit appreciated the citizen comments and thanked to the new chair and vice chair for the meeting. Libbrecht also appreciated the citizen comments. He hoped the commission could fill the two vacant seats and also keep the workload reasonable. Ward said she would work with Bailey Sayler to clean up the 2023 Historic Preservation schedule and correct some minor errors and typos. ADJOURNMENT The meeting was adj ourned at 7:41 p.m. 233 City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Kris Peck Deputy City Clerk (City Seal) Tanguy Libbrecht Chair Clerk's note: These minutes were approved by HP on 1/12/2023 234 Memorandum Date: January 23, 2023 To: City Council Through: Clare Sullivan, Planning and Zoning Commission Chair From: Jason Bickling, Community Development Director RE: Planning and Zoning Quarterly Report During the months of November through December 2022, the Planning and Zoning Commission had 4 scheduled meetings. November 8t" — Regular meeting (Res 2022-025; Res 2022-026; Res 2022-027; Res 2022-028) November 15' — Work session December 6t" — Regular meeting: rescheduled as a work session due to lack of agenda items and then canceled by administration due to not getting the packet sent out in a timely manner to the public December 20t" — Work session: canceled for lack of quorum Actions taken by the Plannina and Zonina Commission: Two (2) preliminary replats were reviewed and approved. Zero (0) Conditional Use permits were reviewed. One (1) Rezone application was reviewed and approved. One (1) code amendment recommendation was reviewed and postponed. Listed below is a summary of the Resolutions that were postponed at the Planning and Zoning meetings. Resolution 2022-027 Amending Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) ►R Listed below is a summary of the Resolutions that were reviewed and a proved at the Planning and Zoning meetings. Resolution 2022-025, Preliminary Replat of Lot 4A-1 and Lot 4D, Block 7, Fourth of July Creek Subdivision Seward Marine Industrial Center (SMIC), Raibow Replat, Creating Four Lots; Lot 4D-1, Lot 4A-2, Lot 4A-3, and Lot 4A-4; Vacating the West 5' Utility Easement of Lot 41), Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat, and East 5' Utility Easement of Lot 4A-1, Block 7, Fourth of July Creek Subdivision SMIC, Raibow Replat Resolution 2022-026, Rezone Lot AT, Forest Acres Subdivision; Located at 2607 Dimond Blvd, from a Rural Residential (RR) Zoning District to Resource Management (RM) Zoning District Resolution 2022-028, Preliminary Replat of Lots 5 & 6, Block 14, Original Townsite of Seward, Federal Addition, Vacating the Interior Lot Line and Creating One Lot to be known as, Lot 5A, Block 14, Original Townsite of Seward, Federal Addition, Saltwater Safari Replat Work Sessions: On November 15, 2022, the Planning and Zoning Commission held a work session to discuss a definition for long-term rental' and lot coverage requirements and lot square footage requirements for multi -family dwellings. On December 6, 2022, the Planning and Zoning Commission was scheduled to hold a work session to discuss beach access and parking issues at Spring Creek Campground and Fourth of July Beach. This work session was canceled due to the packet not being sent out in a timely manner. On December 20, 2022, the Planning and Zoning Commission was scheduled to hold a work session to discuss lot frontage requirements in general and beach access and parking issues at Spring Creek Campground and Fourth of July Beach. This work session was canceled due to lack of a quorum. To: The Honorable Sue McClure The Seward City Council Janette Bower, City Manager Stephen Sowell, Assistant City Manager From: Brad Gilman, CJ Zane, Sebastian O'Kelly, Genevieve Cowan & Alex Remy Re: Washington Report Date: December 31, 2022 FY 2023 Federal Budget/Appropriations Congress has reached agreement on an FY 2023 Omnibus Appropriations Bill to fund the Federal government for the remainder of this fiscal year. Total appropriations are estimated at $1.7 trillion. Defense spending is $858 billion, a 10 percent increase above FY 2022 levels. Non -defense spending will increase just over 8 percent to $744 billion and includes a 22 percent increase for veterans' medical care. $85 billion in emergency funding is provided for natural disasters (including fisheries disasters) and Ukraine assistance. The Omnibus includes $2 million in EPA State Tribal Assistance Grant funding for Seward's wastewater treatment lagoon clean up project. These funds were secured by Senator Murkowski as a Congressionally Directed Spending (CDS) project. 118th Congress The new Congress will begin on January 3rd. Republicans picked up enough victories in this year's election to take control the House with a narrow majority of 222 to 212, with one special election remaining due to the recent passing of Democrat Member from Virginia. The Democrats gained one seat in the Senate and will have a 51-49 majority. For Alaska, Senator Murkowski was re-elected for another six -year term. She will move up one spot in seniority on the Appropriations Committee and will be the third highest ranking Republican on the Committee after Senators Susan Collins (R-ME) and Mitch McConnell (R- KY) (Note as Minority Leader, McConnell is not allowed to hold the top Republican position on a Committee). She will retain her position as the top Republican on the Indian Affairs Committee. She will also serve on the Energy & Natural Resources and Health, Education, Labor & Pensions Committees. Senator Sullivan will retain his seats on the Armed Services Committee; Commerce, Science & Transportation Committee; and Environment & Public Works Committee. Due to retirements of more senior Members, he will gain in seniority on all three Committees. After the summer special election, Rep. Peltola was assigned to the House Natural Resources and Education & Labor Committees. She has now been elected to a full two- year term. She is seeking to retain her position on Natural Resources Committee and move to ►46rA the Transportation & Infrastructure Committee — the same two Committees Rep. Young served on. Decisions on those requests will be made in January. FY 2024 Federal Budget/Appropriations With Republican takeover in the House and significant increases in Federal spending over the last few years, House fiscal conservatives will be pressing hard to limit spending growth in the FY 2024 budget process. How that plays out in terms of consideration and enactment of FY 2024 appropriations bills is too early to predict, but both bodies will continue the practice of CDS project funding. For FY 2024, the Senate Appropriations Committee will include CDS projects in its appropriations bills for the third consecutive year. The House Republican Conference held an internal vote recently on a proposal to ban CDS projects starting next year. That proposal was soundly defeated. We believe the House Appropriations Committee will include CDS projects in the next Congress although it may adjust the rules and agency accounts in which requests may be considered and what entities may be eligible. Whatever changes are made, we forecast that State, local and tribal governments will remain eligible CDS project recipients. We expect Senator Murkowski to solicit FY 2024 CDS funding requests in the first quarter of 2023. We will fill out the required online forms and work with City staff if additional information is needed. Senator Sullivan did not submit CDS requests in FY 2022 and FY 2023. He will continue to support authorization or other policy requests that benefit Alaska communities. We anticipate Rep. Peltola will submit CDS requests for FY 2024 but she has not yet set up a process for doing so. All three Members have been willing submit project letters of support to Federal agencies where AK communities have pending grant applications. Coast Guard There have been a number of important developments regarding Coast Guard matters this last quarter. The FY 2023 Omnibus Appropriations Bill did not fund the Administration's request of $125 million for purchase of an existing commercially -available ice breaker — the Coast Guard's interim strategy while the new ice breakers are being built — nor did it include the $170 million requested as a down payment for the purchase of the third heavy ice breaker. The first two heavy ice breakers have been previously funded, with the development and construction contract awarded to VT Halter Marine in Mississippi. VT Halter Marine was just purchased by Bollinger Shipyards from Louisiana. Bollinger also builds the Fast Response Cutters for the Coast Guard. For the existing commercially -available ice breaker, trade media reports indicated that the Coast Guard was considering purchase of the Aiviq, an ice breaking anchor handling tug supply vessel owned by Edison Chouest, originally built for OCS oil and gas development in the Bering and Chukchi Seas. Those plans will now be delayed at least one year. The Coast Guard's program of record calls for three new heavy ice breakers followed by three medium class ice breakers. Concern has been growing over delays in construction of the new vessels, with the House Transportation & Infrastructure Committee initiating a Government Accountability Office review of the Polar Security Cutter program which should be completed in 238 the first half of 2023. The Coast Guard is expected to announce in the first quarter a timetable for construction of the first heavy ice breaker. The Omnibus includes $75 million for shoreside infrastructure investment in Seattle which is where the Coast Guard is planning to homeport the new heavy ice breakers. No decisions have been made on the homeporting or contracting for the three medium class ice breakers and won't be for quite some time. Separately, the Coast Guard has completed an internal study that evaluated different locations in Alaska for homeporting the commercially -available ice breaker, with its preferred option being Juneau. Seward and Anchorage were in the runners up positions of the sites considered by the Coast Guard. In its analysis of Seward, the Coast Guard found the following favorable factors -- entrance channel and basin depth at the Port of Seward sufficient; robust maritime industrial base and repair capacity; and decent accessibility by land, sea and air. The study found the following limitations — current two piers used by others (cruise ships and commercial cargo vessels); need for security fencing and access control; inadequate housing and childcare; and lack of Tricare Prime Remote Providers. The Alaska Delegation has been monitoring the study but has refrained from advocating for one Alaska Coast Guard community over another. Both Senators have expressed disappointment over the lack of funding for the commercially available ice breaker purchase and have pledged to press for it in the FY 2024 appropriations process. They are also strongly interested in seeing one or more of the new medium class ice breakers being homeporting in Alaska. It should not be assumed that even if the commercial ice breaker is based in Juneau that the Coast Guard would locate the future medium ice breaker(s) there as well. Department of Transportation (DOT) — Next RAISE Grant Opportunity DOT has announced the next opening for RAISE grant application from Bipartisan Infrastructure Law funding. This round will award $1.5 billion in projects, with half going to rural areas. Applications are due February 28, 2023 with NOFO available here. Department of Transportation (DOT) — Maritime Administration (MARAD) — Port Infrastructure Development Grant Opportunity MARAD's Port Infrastructure Development Program (PIDP) grant program has been opened and can be read here. Applications are due April 28, 2023, $662 million is available. This is a "skinny" NOFO to meet statutory requirements, we should see the detailed NOFO in a few weeks. But the deadline should stay the same. ANSCA Contaminated Lands Clean Up The FY 2023 Omnibus Appropriations Bill provides $20 million to the EPA for the inventory, verification, assessment, and remediation of ANSCA contaminated sites, as well as related community outreach and involvement. Denali Commission — Waterfront Infrastructure 239 For FY 2023, Senator Murkowski has secured $20 million in DOT funding for the Denali Commission in the Omnibus Appropriations Bill. This is new funding for a new transportation initiative. The bill does not lay out the criteria or focus for the funding but there has been strong interest in seeing its use include grant assistance to support small waterfront infrastructure projects such as floats, docks, boat ramps, etc. that have difficulty competing for RAISE and Port Infrastructure Develop grants. We will monitor implementation and keep you apprised. Community Health Centers Funding The Seward and Chugachmiut Community Health Centers were both recipients of CDS funding in the Omnibus, with the Seward clinic receiving $5 million to go toward constructing a new clinic and Chugachmiut receiving $2.5 million for clinic expansion. Long Trail Feasibility Study The Omnibus includes $1 million to study establishment of a long trail that would reach from Seward all the way to Fairbanks. Inflation Reduction Act (IRA) — New Guidebook The Biden Administration has issued a new guidebook on all the new green energy, resiliency and climate change -related funding and tax credits contained in the IRA. We recommend skimming through it and letting us know if there are any specific items you would like us to follow up on. We will also track many of these programs separately and alert you to opportunities as they come out (see next item). Inflation Reduction Act — USDA Rural Energy For America Program (REAP) The IRA provided a significant increase in funding for USDA's REAP, totaling $300 million available in the grant application notice below. The focus will be on smaller rural community projects to award a total of 3,000 projects with a maximum of $1.5 million for a project. The deadlines vary depending on type of project with energy audit projects (local government buildings qualify) due first on Jan 31. USDA's POC for Alaska projects and questions is below along with application notice. Misty Hull, USDA Rural Development E Palmer Wasilla Hwy, Suite 201 Palmer, AK 99645-6539 Tel: (907) 761-7768 mist ull2usda.gov Rural Energy for America Program Energy Audit & Renewable Energy Development Assistance Grants Application Notice (Due Jan 31, 2023) 240 - Rural Energy for America Program Renewable Energy Systems & Energy Efficiency Improvement Guaranteed Loans & Grants Application Notice (Applications due October 31, 2022 (set -aside) and March 31, 2023) Rep. Don Young Recognition Act Congress has passed legislation to honor Don Young and his lifetime of public service through three actions — renaming Mount Cerberus on Semisopochnoi Island in the Aleutian Islands as "Mount Young;" naming the Job Corps Center in Palmer the "Don Young Alaska Job Corps Center;" and naming a Federal office building in Fairbanks the "Don Young Federal Office Building." Department of Transportation (DOT) — Rural Surface Transportation Program Awards DOT has announced funding awards for FY 2023 for this new program created by the Bipartisan Infrastructure Law. Twelve projects were selected totaling $273 million, with one Alaska project chosen submitted by the Native Village of Wales. The Rural Program will spend a total of approximately $2 billion through 2026 for projects that improve highways, bridges, and tunnels, address highway safety, increase access to agricultural, commercial, energy, or freight facilities that support the economy, and bring flexible transit services to rural and Tribal areas. We will keep you informed regarding the next application window. We also recommend signing up for DOT's ROUTES initiative here to be kept informed on all DOT's rural infrastructure funding opportunities. Fisheries & Oceans On national fishery disaster reform efforts - the "Fishery Resources Disaster Improvement Act" (S. 2923) was included in the fisheries package of the Omnibus bill. The bill improves the overall national MSA fishery disaster relief processes and specifies several allowable causes of disasters including hurricane, flood, HAB, tsunami, hypoxic zone, drought, El Nino effects on temperature, marine heat wave, and disease. Consideration of direct losses to communities (incl. lost raw fish tax) was included in the bill so communities must ensure the State of AK quantifies these losses in any fishery disaster spend plan submitted to the Secretary. The bill also includes consideration of Native subsistence & ceremonial losses and the subsistence impacts are not subject to the revenue loss thresholds which is beneficial to tribal interests. The Omnibus also included $300M in national fishery disaster relief assistance. This amount is added to the existing amount of $50M from previously appropriated but unused disaster assistance funding. Further, on December 16th the Secretary of Commerce declared fishery disasters in the following AK & West Coast fisheries. 2021/2022 Alaska Bristol Bay Red King Crab and Bering Sea Snow Crab Fisheries 2019 Washington Columbia River, Willapa Bay, Puget Sound Salmon Fisheries 2020 Washington Ocean Salmon Fisheries 241 2021 Alaska Kuskokwim River Salmon and Norton Sound Chum and Coho Salmon Fisheries 2021 Chignik Salmon Fisheries 2020 Copper River/Prince William Sound Coho and Pink Salmon Fisheries 2020/2021 Alaska Norton Sound Red King Crab Fisheries 2022/2023 Alaska Bristol Bay Red King Crab and Bering Sea Snow Crab Fisheries Note the Secretary determined that there was no commercial fishery failure or catastrophic regional fishery disaster for 2021/2022 Bering Sea tanner crab fishery. The Agency estimated this fishery did not have a revenue loss and therefore did not experience a commercial fishery failure. NPFMC Halibut sharing provision — the "Driftnet Modernization and Bycatch Recovery Act" (S. 273) was also included in the Omnibus package, attached to this legislation is a provision to allow the NPFMC & the Secretary to create a fee collection system for the charter sector to access halibut quota shares in Areas 2c & 3A. The Omnibus package contained a number of additional provisions relevant to Alaska communities. These include but are not limited to the following. • Continued level funding for ocean mapping and coastal charting, including the ongoing strategy for mapping the Arctic shoreline and nearshore Alaska • Funding for sanctuaries and marine protected areas was increased $7M to support ongoing designation processes • Funding for fisheries surveys for groundfish as well as the North Pacific Observers Program • Sea Grant was provided with $1M to fund grants to fishermen under the previously passed "Young Fishermen's Act" to assist fishermen with their business operations. NOAA's Fisheries Finance Program (FFP) was fully funded at $100M for Traditional loans and $24M for IFQ loans; and the agency was encouraged by Congress to facilitate new vessel construction/replacement and upgrades using fuel -efficient technology. Rep. Don Young's bill the "Alaska Salmon Research Task Force" (S. 3429) was also passed as part of the Omnibus package. The bill requires the Secretary and Governor of AK to convene a stakeholder panel of up to 19 members within 90-days of passage to help prioritize AK salmon research needs in the region. What Notable Marine/Natural Resource Legislation did NOT pass the 117tb Congress? Despite widespread support Congress was unable to pass the "Recovering America's Wildlife Act" (RAWA; H.R. 2773) that would have dedicated $1.4B to States & Tribes for various ►ZIW wildlife programs and conservation efforts. The legislation is expected to reemerge in the 118th Congress. H.R. 4690 — House WOW Subcommittee Chairman Jared Huffman's (D-CA-2"d) comprehensive MSA reform bill did not make the cut despite endorsement by AK Rep. -elect Mary Peltola (D- At Large) after the mid-term elections. Note this bill also included the "Forage Fish Conservation Act" (H.R. 5770) which would have likely defined Alaska pollock as a "forage" species and mandated commercial quota reductions to provide adequate forage for marine mammals, birds and other fishes. Despite the House shifting to Republican control these two pieces of legislation are expected to re-emerge in the 118th Congress. 243 Seward Prevention Coalition Statement of Financial Position As of November 30, 2022 Day Care City Donation ASSETS Current Assets Bank Accounts Edward Jones Investments 399,058.19 FNBA Checking 19,377.65 Total Bank Accounts $ 418,436.84 Other Current Assets Workers Comp Prepayment 0.00 Total Other Current Assets $ 0.00 Total Current Assets $ 418,436.84 TOTAL ASSETS $ 418,436.84 LIABILITIES AND EQUITY Liabilities Current Liabilities Other Current Liabilities Payroll Liabilities AK Unemployment Tax 15.54 Federal Taxes (941/944) 241.77 Wages Payable 825.56 Total Payroll Liabilities $ 1,082.87 Total Other Current Liabilities $ 1,082.87 Total Current Liabilities $ 1,082.87 Total Liabilities $ 1,082.87 Equity Retained Earnings 448,459.22 Net Revenue -31,106.25 Total Equity $ 417,362.97 TOTAL LIABILITIES AND EQUITY $ 418,436.84 Wednesday, Jan 11, 2023 10:30:03 AM GMT-8 - Accrual Basis 244 Seward Prevention Coalition Statement of Activity by Class July - November, 2022 Day Care City Donation Revenue Total Revenue Gross Profit $ 0.00 Expenditures Other Expenses Advertising/Sponsorship 20,000.00 Total Other Expenses $ 20,000.00 Payroll Expenses Taxes 862.10 Wages 9,966.70 Workers Comp 247.28 Total Payroll Expenses $ 11,076.08 Supplies 30.17 Total Expenditures $ 31,106.26 Net Operating Revenue $ 31,106.26 Net Revenue $ 31,106.26 ednesday, Jan 11, 2023 10:31:15 AM GMT-8 - Accrual Bw Q,R January 2023 February 2023 January 2023 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 SUN Jan 1, 23 2 3 4 5 6 AY 7 Holiday - New Year's Day 7:OOpm Rescheduled to Jan 10- 12:00pm PACAB MtQ 8 9 10 11 13 14 5:30pm CC Spc Mtg (Joint Mtg w/ P&Z on Lodging pm HPC Work Sesso[L (7:00pmHPC egular eeting ouncil 7:OOpm CC Mtg (Council 15 16 17 18 19 20 21 6:00pm Rescheduled to Jan 24 P&Z Work Session (Council 12:00pm Cancelled - 22 23 24 25 26 27 28 5:30pm CC Spc Mtg (Roles & Responsibility of Boards and 6:00pm P&Z ork Session 7:OOpm CC Mtg 29 30 31 Feb 1 2 3 4 Council Calendar 1 1/18/2023 10:23 AM 246 February 2023 March 2023 February 2023 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 5 6 7 8 9 10 11 12 13 14 15 16 17 18 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 20 21 22 23 24 25 26 27 28 26 27 28 29 30 31 SUNDAY Jan 29 MONDAY 30 31 Feb 1 2 3 WAY 4 12:OOpm PACAB MtQ 5 6 7 8 9 10 11 7:OOpm P&Z eetinQ 12 13 14 15 16 17 18 7:OOpm CC Mtg (Council 7:OOam KPB Mayor Election (Council 19 20 21 22 23 24 25 Holiday - President's Day 6:OOpm P&Z Work Session (Council i Chambers) 26 27 28 Mar 1 2 3 4 7:OOpm CC Mtg Council Calendar 2 1/18/2023 10:23 AM 247 March 2023 SuMo March 2023 April TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SUN DAY Feb 26 27 28 Mar 1 2 3 WAY 4 12:00pm PACAB MtQ 5 6 7 8 9 10 11 7:OOpm P&Z eetinQ 12 13 14 15 16 17 18 7:OOpm CC Mtg (Council 19 20 21 22 23 24 25 6:OOpm P&Z Work Session (Council 26 27 28 29 30 31 Apr 1 Holiday - Seward's Day 7:OOpm CC Mtg (Chambers) Council Calendar 3 1/18/2023 10:23 AM 248 April 2023 May 2023 April 2023 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 SUNDAY Mar 26 MONDAY 27 28 29 30 31 WAY Apr 1 2 3 5 6 7 8 (7:001prn P&Z 12:OOpm PACAB 9 10 11 12 13 14 15 7:OOpm CC Mtg (Council 6:OOpm HPC Work Session 7:OOpm HPC Regular Meeting (Council 16 17 18 19 20 21 22 6:OOpm P&Z Work Session (Council 23 24 25 26 27 28 29 7:OOpm CC Mtg 30 May 1 2 3 4 5 6 Council Calendar 4 1/18/2023 10:23 AM 249