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HomeMy WebLinkAboutRES2023-112 Repeal Resolution 2023-088, 2023-089 Sponsored by: Sorensen Failed: September 25, 2023 Request for Reconsideration: September 26, 2023 Motion to Reconsider Approved: October 9,2023 Amended& Approved: October 9,2023 CITY OF SEWARD,ALASKA RESOLUTION 2023-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,TO REPEAL RESOLUTION 2023-88 AND RESOLUTION 2023- 89. WHEREAS,City Council approved Resolution 2023-88 and Resolution 2028-89;that placed Proposition No. 1: The Sale of the Seward Electric Utility and Proposition No. 2: The Seward City Charter Amendment on the October 3 regular election ballot WHEREAS, the Clerk's Office received two referendum requests to repeal two resolutions, Resolution 2023-88 and Resolution 2023-89 WHEREAS,the Clerk's Office has followed the required timeline and determined the sufficiency of both referendum requests; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Resolution 2023-88 and Resolution 2023-89 is hereby repealed. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of October 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2023-112 AYES: Calhoon, Finch, Barnwell, Wells, Osenga, McClure NOES: None ABSENT: DeMoss ABSTAIN: None ATTEST: Jo Kurtz Acting City Clerk q,sraii; eifie V 2 ..r i S i • : SEAL J • eilli •,qTE OF P t.•S li i City Council Agenda Statement t Meeting Date: September 25, 2023 t! i To: City Council Through: Kat Sorensen, City Manager From: Kris Peck, City Clerk Subject: Resolution 2023-112: A Resolution Scheduling a Special Election to Repeal Resolution 2023-99 and Resolution 2023-99 to be held Tuesday, November 28, 2023. Background and justification: The City Clerk has received two sufficient petitions for referendums to repeal two Resolutions(Resolution 2023-99 and Resolution 2023-89)that placed Proposition No. 1:The Sale of the Seward Electric Utility and Proposition No.2:The Seward City Charter Amendment on the October 3 regular election ballot. Applicable Seward City Code for Initiative and Referendum (Section 4.15)is enclosed below. Here is the timeline for the referendum petitions. City code timeline requirements were met. - The application for referendum petitions were received August 3, 2023 - The application was certified on August 17, 2023 - The completed petitions were filed with the clerk on September 5, 2023 - The completed petitions were certified on September 15, 2023 - The clerk submitted the petition to the City Council on the first regular meeting after certification Although Seward City Code language states that it must be put on the next regular election,these referenda fall too close to the next regular election to meet the required legal noticing.The Clerk must notice a regular election 20 days in advance and a special election 30 days in advance. (4.01.045) Absentee voting has already opened for the regularly scheduled October 3 election. Given the circumstances and requirements, a special election will need to be scheduled for between November 28 and December 11, 2023. Based on historic information, the estimated costs of the election will be $6000. 4.01.045 Publication of notice of elections. The clerk shall publish a notice of each regular and special election at least twice in one or more newspapers of general circulation in the city,the first such publication to be accomplished at least 20 days prior to a regular election,and at least 30 days prior to a special election.The notice shall also be posted on the city's website and in four public places within the city. (Ord.527,1984;Ord.542,§ 1, 1985;Ord.94-47;Ord. 2002-05;Ord 2004-02; and Charter 10.2;Ord. No. 2022-017, § 1, 1-9-2023) 171 4.15.010 Reservation of powers. A. In accordance with the city charter,the powers of initiative and referendum are reserved to the qualified voters of the City of Seward.The voters of the city,by initiative, may propose and enact any ordinance which the city council has power to enact under the charter except as otherwise provided in this section.The voters of the city, by referendum, may approve or reject any ordinance passed by the city council except as otherwise provided in this section. B. Ordinances dedicating revenues;ordinances making, repealing,transferring,or otherwise changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance of bonds; and special ordinances shall not be subject to either initiative or referendum. Ordinances creating courts,defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety(emergency ordinances)shall not be subject to referendum. (Ord. 567, 1986) Chapter 4.15. Initiative and Referendum 4.15.015 Application for petition. A. An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petitions may be sent.An application shall be signed by at least ten voters who will sponsor the petition.An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks,the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition,that the matter: 1. Is not restricted by§4.15.010(b)of this code; 2. Includes only a single subject; 3. Relates to a legislative rather than to an administrative matter;and 4. Would be enforceable as a matter of law. B. A decision by the clerk on an application for petition is subject to judicial review. (Ord. 567, 1986;Ord. 610, 1988;Ord. 618, §3, 1989) 4.15.020 Contents of petition. A. Within two weeks after certification of an application for an initiative or referendum petition,a petition shall be prepared by the city clerk. Each copy of the petition shall contain: 1. A summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred; 2. The complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors; 3. The date on which the petition is issued by the clerk; 172 4. Notice that signatures must be secured within 90 days after the date the petition is issued; 5. Spaces for each signature,the printed name of each signer,the date each signature is affixed,and the residence and mailing addresses of each signer; 6. A statement,with space for the sponsor's sworn signature and date of signing,that the sponsor personally circulated the petition,that all signatures were affixed in the presence of the sponsor,and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and 7. Space for indicating the total number of signatures on the petition. B. If a petition consists of more than one page,each page shall contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred. C. The clerk shall notify the contact person in writing when the petition is available.The contact person is responsible for notifying sponsors. Copies of the petitions shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition,and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. (Ord. 567, 1986;Ord. 618, §4, 1989) 4.15.025 Signature requirements. A. The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition.The statement provided under§4.15.020(A)(6)shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil. B. The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e)of this section,a petition shall be signed by a number of voters equal to 25 percent of the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available. C. Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. D. A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition. E. If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a city,only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing.The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available. (Ord. 567, 1986;Ord. 610, 1988;Ord. 618, §§5,6, 1989) 4.15.030 Sufficiency of petition. A. All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within ten days after the date the petition is filed,the clerk shall: Created: 2023-09-13 09:18:30 [EST] (Supp.No.26-1) Page 3 of 7 173 1. Certify on the petition whether it is sufficient; and 2. If the petition is insufficient,identify the insufficiency and notify the contact person by certified mail. B. A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected. C. A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (b)of this section. Within ten days after a supplementary filing,the clerk shall recertify the petition. If it is still insufficient,the petition shall be rejected and filed as a public record. (Ord. 567, 1986;Ord. 610, 1988;Ord. 618, §7, 1989) 4.15.035 Protest. If the clerk certifies an initiative or referendum petition is insufficient,a signer of the petition may file a protest with the city manager within seven days after the certification.The city manager shall present the protest at the next regular meeting of the city council.The city council shall hear and decide the protest. (Ord. 567, 1986) 4.15.040 New petition. Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However,a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (Ord. 567, 1986) 4.15.045 Initiative election. A. The city clerk shall present a certified sufficient petition for initiative to the council at the first regular meeting after certification. B. Unless the city council enacts substantially the same measure within 30 days of submission of the certified petition,the city clerk shall,with the aid of the city attorney,prepare an ordinance or resolution to implement the petition and shall submit it to the voters at the next regular election. C. The ordinance or resolution initiated shall be published in full in the notice of the election but may be summarized on the ballot to indicate clearly the proposal submitted. D. If a majority vote favors the ordinance or resolution, it shall become effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. E. The council may at any time not less than 20 days from the date of the election adopt an ordinance or resolution to implement the petition. In that event,a vote on the initiative shall not be held. (Ord. 567, 1986) Created: 2023-09-13 09:18:30 [EST] (Supp.No.26-1) Page 4 of 7 174 4.15.050 Referendum election. A. Unless the ordinance or resolution is repealed by the council,when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs within 75 days of the certification of a sufficient petition,the council shall hold a special election within 75 days of submission to the council. B. If a petition is certified before the effective date of the matter referred,the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension,the city council may not enact an ordinance or resolution substantially similar to the suspended measure. C. If the council repeals the ordinance or resolution before the referendum election,the petition is void and the matter referred shall not be placed before the voters. D. If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise,the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. (Ord. 567, 1986) 4.15.055 Effect. A. The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. B. If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the same measure has been filed,substantially similar legislation may not be enacted by the city council for a period of two years. C. If an initiative or referendum measure fails to receive voter approval,a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. (Ord. 567, 1986) 175 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: $ 6000 This legislation(✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ 6000 Creates a savings in the amount of: $ Has no fiscal impact Funds are(✓): Budgeted Line item(s): 01000-1110-7804 X Not budgeted Not applicable Fund Balance Information Affected Fund(✓): X General SMIC Electric Wastewater Boat Harbor Parking F1 Water Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ 10,245,484.88 Finance Director Signature: 'L Attorney Review X Yes Attorney Signature: Not applicable Comments: Administration Recommendation XeAdopt Other: 176 CITY OF SEWARD ALASKA RECEIVED APPLICATION FOR REFERENDUM PETITION AUG 0 3 2023 OFFICE of THE P Y SPONSOR: CITY CLERK ��� r Name - �Yv. [ C�� ���'2��-z �c s�r��,Signature PhysicaVMailing Address Phone number Email Address SECONDARY SPONSOR: Name `s�� ; 1'.�A + r� Signature Physical/Mailing Address Phone number Email Address � f RESOLUTION TO BE REPEALED: '. PETITION SPONSORS: (10 Registered Voters of Seward Alaska) Printed Name Physical Address Signature 2 P6 Q .— v- 4 6 5tASarN 7 g Te",44 40_,�_f M07- 10 e-lod Jr h 1er- do r - Date Application Received by City Clerk: [ a 0 179 CERTIFICATE CONCERNING APPLICATION FOR A REFERENDUM PETITION ' PROPOSING TO REPEAL RESOLUTION 2023-088 I, Kris Peck, City Clerk of the City of Seward, pursuant to SCC 4.15.015(a) and the Charter 4.6, HEREBY CERTIFY that: 1. I received a copy of the attached application for recall petition on August 03, 2021 2. 1 have reviewed all of the signatures on the application and find that not less than 10 of such signatures are the valid signatures of qualified voters of the City, and that this number of signatures is not less than the number of sponsor signatures that is required for the issuance of a referendum petition under Seward City Code 4.15.015(a). 3. 1 have determined that the application is in proper form under SCC 4.15.015(a). More specifically: (a) The application contains the Resolution to be repealed; and (b) The name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent; and (c) The signatures and residence addresses of at least 10 municipal voters who will sponsor the petition. 4. Within two weeks of the certification of this application, I will prepare a referendum petition and notify the contact person that the petition is available, as required by SCC 4.15.020. DATED this 17tn day of August 2023. ✓ ' Kris Peck City Clerk Seward, Alaska 180 6 Sufficient Petition Notice Referendum Petition to Repeal Resolution 2023-88 Date: September 15, 2023 To: Darryl Schaefermeyer and Phil Kaluza From: Kris Peck, City Clerk On September 5, 2023, you filed in my office a completed referendum petition to repeal Resolution 2023-088 titled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF AMENDING SEWARD CITY CHARTER CHAPTER 13.4 DISPOSAL OF MUNICIPAL UTILITY PLANTS AND UTILITY PROPERTY AT A REGULAR ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 3,2023 I have found the petition bears sufficient signatures, and have so certified this petition as required by AS 29.26.140 (a) and Seward City Code 4.15.030 Signatures required: 71 Signatures obtained: 103 Kris Peck City Clerk Seward, Alaska 181 REFERENDUM PETITION Repeal Resolution 2023 - 088 RECEIVED <Ep 0 5 2023 OFFICE OF THE CITY CLERK Booklet No . 1 Sponsor : Sponsor : r 182 i Sponsored by: Regis ciTY OF SE«ARD, ALASKA RESOLUTION 2023-088 A RESOLUTION OF THE CITY COUNCIL OF TIIE: CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF AMENDING SEWARD CITY CHARTER CHAPTER 13.4 DISPOSAL OF NIUNICIPAL UTILITY PLANTS AND UTILITY PROPERTY AT A REGULAR ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 3, 2023 N4'IIE:REAS. the �c�\:ird City Charter maybe amended by proceedings commenced by the vote of four membor,; ()t'thc• 0)uncil; and WHEREAS, Seward City Code 4.05020(c) states, "A resolution is required to place a proposition on the ballot for the voters and must be enacted at least 5 clays or more before a regular election, and at least 60 dati-� or more before a special election; and WHEREAS, the air� to Charter 13.4, if approvcd by the city's qualified voters. will amend the approval percenta-c requirement from 60°16 to a majority which is required to dispose ofmunicipal utility plants and utility property; and WHEREAS,at least four members of the council have deten-nined it is in the best interests of the city and its residents that the Charter amendment be put in forth to the City of Seward qualified voters. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City shall submit the following proposition to the qualified voters of the City at the October 3, 2023. regular city election: Proposition No. 2 Seward City Charter Amendment Shall the:City ol'Scxvard Charter Chapter 11.4 be amended to read as follows: (new lan"ua&Ic is L10derl ned and bolded, and deleted language is str-iekerf): 13.4. Disposal of municipal utility plants and utility property. I The council may sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility ol}]v af}er a proposition to do so is approved by thfee f-114is _rr m,�do rrtl! cif the clectors of the city votim,on the proposition. I 183 CITY OF SEWARD, ALASKA RESOLUTION 2023-088 Proposition No. 2 Yes No r A yes vote approves amends the approval requirement language. l A no vote retains the approval requirement language. Section 2. The amendment set forth in Section I shall become effective upon its approval by a majority of the qualified voters voting on the question at the October 3, 202.E regular election. Section 3.This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward. A13-ska. this 24th day of July, 2023. THE CITY OF SEWARD ALASKA Sue McClure, Mayor - AYES: Osenga,Calhoon, Wells, DeMoss NOES: Barnwell, McClure ABSENT: Finch ABSTAIN: None ATTEST: Kris Peck City Clerk sE�,,� •., (City sets V��ee"V?0 R4 G a 1 E 184 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE - i ap fln ois g_3I—z3 By signing below,I swear that 1 personally circulated this petition,all signatures were affixed to this petition in y presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20 (6). Arc q L 5�,da� � fT�nyk'•� 8 3/ Printed Na ze of Sponsor S a e of Spons Da 185 7 0-� + REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE �amrn Wco &5 / l aa g-31 ( 31 )i. F-5 r 6LsU By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.0 6). Printed Name of Sponsor SLAature of Sponsor D afe 186 7 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28.2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately-)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13A Disposal of Municipal Utility Plants Liiui i .i1i I\ < < the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE , ,�i n hJE -(, �^M U� Of3 r el)2 3 Di1��ln S �j�S 3'�z 3 _ '7b (�3 0.Y c�ea1 n 14 By signing below,I swear that I personally circulated this petition,all signat s were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20, a- (6)Don" Vffh'ted Name f Sponsor �&ature of Sponsor Date 6 187 ' I REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred: Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Nutnber 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE I STREET MAILING SIGNATURE DATE SIGNED USE OTNt-c-e� [)Atli S y-3-ao 3 V By signing below,I swear that 1 personally circulated this petition,all signatures ere affixed to this petition in my presence,and I believe that each signature is the pers ey purport to be,as required by Seward City Code Section 4.20.020 (6). Pr Name of ponsor Signature ponsor Date 188 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE 2 By signing below,I swear that I personally circulated this petition,all signa es were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.2 20(a 6). A1103 Printed Name of Sponsor Signature of Sponsor Date 189 -i 1 C� REFERENDUM PETITION Repeal Resolution 2023 - 088 RECEIVED SEP O S 2023 OFFICE OF THF CITY CLERK Booklet No . 2 Sponsor : F0 i< <. '2, C-\ z 190 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE P � 3U -a3 h.( � u1� N v a� ✓ �I[ecv� 15�11 C8-30-2_3 ,r By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Name of Sponsor Signature o ponsor Date 191 o�rt REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERIC:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 29,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE r // ✓ S�rw�� /Civvies �125 7r By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Ph-I,,.P Ck I &�Z- ✓1 7�✓- Printed Name of Sponsor ature of onsor Date 192 7 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE 1_auf,a S&� C' / /ao 13 V ,S �_ `� Z zcZ, s �( 31 Zo7 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). P�:l (sur��� �-� �� j l y �va3 Printed Name of Sponsor Signatur�ns r Date 193 7 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DA�SIGNED USE 2 2.07 l/ D PAN IF-� L- l N<H4,ILT r`l 3 0/��/a3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code See tion 4.20.020(a)(6). �.r f, N/!/�i !/��a2 r -/ t� Z jr�� / / '2 --,, �P'rinte�e of Sponsor 41gnatUTe of S onsor Date 194 5 REFERENDUM PETITION Repeal Resolution 2023 - 088 pECENED Sp 0 5 t023 OFFICE OF TOE CITY CLERK Booklet No . 3 Sponsor : . 1,wl apve, 195 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE STREET MAILING SIGNATURE DATE SIGNED USE / v z f tsS�rS O CI �o�md i 5-3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Name of Sponsor Sign re of Sponsor Date 196 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE �Uk5 r% V.S e,1ad 5 - V r d L- EckI u.vt S�3 2- MA-2P�A �tkm rc� lSJ:31 I2-3 p N By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a) 6 9"31-z3 Printed Name of Sponsor Signature of Sponsor Date 197 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE. 8-3I-a.�3 1Wr CA k YU M I N (ol -;1 -2; c, t� S 3► a By signing below,I swear that I personally circulate Is puLIL10111 all bigildlumb t each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6 1-441 9, 9�i1Z3 Printed Name of Sponsor Signature of Sponsor Date 7 198 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE oll� la3 V C'G P�al� OCJ� 9 i nr� 5 % / a3 By signing below,I swear that I personally circulated I I 1�ctition,a I I signatures were affixed to this petition to my presence,and I beiieve I hat each signature is the person they purport to be,as required by Seward City Code Section 4.20,020(a)(6 Printed Name of Sponsor 19nature o ponsor Date 199 �. ) REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE I STREET MAILING SIGNATURE DATE SIGNED USE Klrlh-t-i /� L.Arhon a3 o Z3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). L Ro'l Q" Z3 r r Printed Name of Sponsor Signature of Sponsor Date 200 REFERENDUM PETITION Repeal Resolution 2023 -088 RECEIVED SEP 0 S t013 OFF;CE OF THE CITY CLERK Booklet No. 4 Sponsor: .1 ,9 �D.�- ,�„ _ i✓/,d .mod 201 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.04 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13A Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE ✓ Lies, c 9 2- o N V ,,� By signing below,I swear that I personally circulated this petition,all signatures ere affixed to this petition in my presence,and I believe that each signature is the pers t y purport to be,as required by Seward City Code Section 4.20.020 Printed Name of S onsor nature of Sponsor Date 202 C-1 VW O. ,ti C� 4' REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.04 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX i CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE r L 312-3 V &T tt&zO �/ t�flul`fi .Ytp By signing below,I swear that I personally circulated at each signature is the person y purport to be,as required by Seward City Code Swim 4.20.020(a)(6). rinted Name of Sponsor Si re of Sponsor Date 203 REFERENDUM PETITION FOR RESOLUTION 2023-088 PETITION BOOKLET NO.04 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-088 Summary of the Resolution being referred:Resolution 2023-088(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 2:A proposal to amend Seward City Charter Chapter 13.4 Disposal of Municipal Utility Plants and Utility to the qualified voters of the City at a regular election in and for the City of Seward on October 3,2023. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE (4q/ k C eA145CY q10 YIA3 -5,Go7`74 a ltrt� �/' a'1 x 1. Ge 411 By signing below,I swear that I personally circulated this petition,all signatures were affixed to s petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). a.l �Z3 Printed Name of Sponsor Si e of Sponsor Date 204 CITY OF SEWARD ALASKA RECEIVED APPLICATION FOR REFERENDUM PETITION AUG 0 3 2023 OFFICE'OF THE PRIMARY SPONSOR: CITY CLERK Name!. A rV L /4 Signa e� Physical/Mailing Address Phone number Email Address SECONDARY SPONSOR: Name .- Signature s Physical/Mailing Address Phone number Email Address RESOLUTION TO BE REPEALED: e� PETITION SPONSORS: (10 Registered Voters of Seward Alaska) Printed Name Physical Address Signature 1 � 2 �5067� /51 zy4teso" f/ f 4 L_01Cj 6 7 s b 01- A 10 jj f�j t i (A J (�j 7 Date Application Received by City Clerk: V 3 Z 0 K'�� lam` 205 CERTIFICATE CONCERNING APPLICATION FOR A REFERENDUM PETITION' PROPOSING TO REPEAL RESOLUTION 2023-089 I, Kris Peck, City Clerk of the City of Seward, pursuant to SCC 4.15.015(a) and the Charter 4.6, HEREBY CERTIFY that: 1 . I received a copy of the attached application for recall petition on August 03, 2023. 2. 1 have reviewed all of the signatures on the application and find that not less than 10 of such signatures are the valid signatures of qualified voters of the City, and that this number of signatures is not less than the number of sponsor signatures that is required for the issuance of a referendum petition under Seward City Code 4.15,015(a). 3. 1 have determined that the application is in proper form under SCC 4.15.015(a). More specifically: (a) The application contains the Resolution to be repealed, and (b) The name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent-, and (c) The signatures and residence addresses of at least 10 municipal voters who will sponsor the petition. 4. Within two weeks of the certification of this application, I will prepare a referendum petition and notify the contact person that the petition is available, as required by SCC 4.15.020. DATED this 17th day of August 2023. Kris Peck City Clerk Seward, Alaska 206 6 Sufficient Petition Notice Referendum Petition to Repeal Resolution 2023-89 Date: September 15, 2023 To: Darryl Schaefermeyer and Phil Kaluza From: Kris Peck, City Clerk On September 5, 2023, you filed in my office a completed referendum petition to repeal Resolution 2023-089 titled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF SELLING THE CITY OF SEWARD ELECTRIC UTILITY TO THE QUALIFIED CITY OF SEWARD VOTERS AT A REGULAR ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 3, 2023 I have found the petition bears sufficient signatures, and have so certified this petition as required by AS 29.26.140 (a) and Seward City Code 4.15.030 Signatures required: 71 Signatures obtained: 101 Kris Peck City Clerk Seward, Alaska 207 REFERENDUM PETITION Repeal Resolution 2023 -089 RECEIVED SEP 0 S t0E3 OFFICE OF THE CITY CLERK Booklet No . 1 Sponsor : . (14. � Sponsor : 208 IfY L Sponsored By: Reds CITY OF SEWARD, ALASKA RESOLUTION 2023-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF SELLING THE CITY OF SEWARD ELECTRIC UTILITY TO THE QUALIFIED CITY OF SEWARD VOTERS AT A REGULAR ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 3,2023 WHEREAS, the City of Seward ow ns rind operates the electric utility with approximately 2,900 meters and limited financial resources: and WHEREAS, the financial burden associated with increasing technological demands, completing infrastructure improvements, meeting more stringent industry standards and attracting and maintaining qualified employees, has led to the City Council's consideration of scllin.: the City's electric utility; and WHEREAS, it is in the public's interest to provide consumers with safe and reliable elnctnc service along with reasonable rates and value-added prod ranis and services while, also 111d!�1-1111g the City's assets for the long-term benefit of the citizens of the City; and WHEREAS, Seward City Charter 13A perniits the council to sell, lease or otherwise di-,iv ,_, ofa municipal utility or of property wd interest in property used or:.tseful in the operation of a Ll i'11,ty only after a proposition to do so i; ,ihhrov cc] by the electors (voters) of the city voting on the proposition. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Cite shall submit the tullowin�i, propo,ition to the qualified voters of the City at the October 3. 2023. rc!oular city election. Proposition No. 1 Sale of Seward Electric Utility Shall the City of Seward sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval? Proposition No. 1 Yes No A yes vote approves the sale of the electric utility. A no vote means the City ot'Sc��.�i- l retains the electric utility. 209 l CITY OF SEWARD, ALASKA RESOLUTION 2022-089 Section 2.This Resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska,this 241h day of July, 202�. j THE CITY OF SEWARD ALASKA M Sue McClure, Mayor AYES: Osenga, Calhmmu Wclls. DeMoss NOES: Barnwell, McClure ABSENT: Finch ABSTAIN: None ATTEST: Kris Peck City Clerk iv nrgp Of SJEF SEAL : • OF PA, , �. 210 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated tenns and conditions previously approved by City Council that are contingent on voter approval. DO NOT write`Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE f STREET MAILING SIGNATURE DATE SIGNED USE V , g'A V >�e / �ei)n EVIi115 1 �131 Z3 L-l'/1VtU� c� �`3i �Z3 By signing below,I swear that I personally circulated this petition,all signatures were affixed tot is petition in m resence,and I believe that each signature is the pe they purport to be,as required by Seward City Code Section 4.20.020 Printed Nam16 of Sponsor Sig ture of Sponsor" ate 211 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated tenns and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE FJA}R �Alt4 t-zr'aeL.—7 evI 3� L w - c lames X �J,'c-666 3 Sew Ls� By signing below,I swear that I personally circulated this petition,all signatures affixed to this petition in my presence,and I believe that each signature is the pers they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Nanfe of Sponsor Sign re of Sponsor Date 212 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred: Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK /PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED l35 E E• ARl�IoN � 17s�-r e 3L3 By signing below,I swear that I personally circulated this petition,all signatures e affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020 (6). Printed Name of Sponsor Signature of Sponsor Date 213 � REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred: Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE 6 Z- sue-, ffliz bed VJANAI z \-/ O � , v / - By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.02 ). Printed Name o Sponsor Signature of Sponsor IV Date 214 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terns and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.02 P�nnted Nam&of Sponsor Signature of Sponsor Date 215 REFERENDUM PETITION Repeal Resolution 2023 -089 RECEIVED SEP p 5 2023 OFRCE OF THE CITY CLERK Booklet No. 2 Sponsor : Fh , i �<..�u = c,- 216 � REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective iminediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE P h l K��I rrl Zeti ��3 0 033 V Mas X, Kan5-V1 K y' 8.3o 23 o- Lan-, J 3 �rdl a-3o z3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person/they purport to be,as required by Seward City Code Section 4.20.020(a)(6). ) Printed Nanle of Sponsor Signature of Sp ns r Date 217 �,�T o`- 7 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terns and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE ( o rq ay3 j�2-3 ALIO P/iP(N41A,,V f/ate By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Naml of Sponsor S nature of Sponsor Date 218 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE t/ s hQ104\ �. Z z3 13a3 zvZ� Y I By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my resence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printer d 1 aine or Sponsor Signature of Sponsor e C 219 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.01 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE ro ( �jp1'Su70�cd' `1l `(/2-023 �/ ar Y Starmc.}�a 9 't C)-3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). �� %' /-��/ Printed`N'4e of Sponsor S nature of Sponsor Date 220 REFERENDUM PETITION Repeal Resolution 2023 - 089 Aeeeiveo sEP os :oi3 OFFICE OF TOC CITY CLERK Booklet No. 3 Sponsor : z--o4t ae� P�e 221 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED \USE f we Irs V Lranc .rvt sor,1 30 �-3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Name of Sponsor Signature of Sponsor r Date 222 7 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated teens and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE "Susan ►Y1. �s� -202 77 mra 1 �. a�� 31 aaZ3 3�1 / L. Lus1d S 3r z3 V/ S_�lxM1►�� �rl3i�z3 RaA,ALO 1�GI S QJ .�fi//'�3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). Printed Name of Sponsor Signature of Sponsor Date 7 223 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated teens and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FR CLERK PRINTED NAME RESIDENCE/STREET PO BOX/ SIGNATURE DATE SIGNED USE MAILING R.� dAn - �V a�e� � n �'. �l•Z3 A By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). L0e/ (� 0 6Spcnsor Printed Name of Sponsor re of Date 224 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated tenns and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE 1{irwllaer- I�,��er-so in `1�F �a3 f � 3 G�. S L7 3 Q lti� 911 1)3 By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20. 20(a)(6). L0�1 �z�' Printed Name of Sponsor Signature of Sponsor Date 225 ,, REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.03 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX/ CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE rig ` ,.,�� G 6✓, ll4 '�-3-z3 � t ql lz Cq o By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6). L OP 1 Printed Name of Sponsor Signature of Sponsor Date 226 REFERENDUM PETITION Repeal Resolution 2023 -089 RECEIVED SFa 051p}] OFFICE OF THE C'Ty CLERK Booklet No . 4 Sponsor : ,i21,,,,,.,L 227 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.04 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX I CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE v V L Z� r _ �3 By signing below,I swear that I personally circulated this petition,all signatures were ffixed to this petition in my presence,and I believe that each signature is the person they purport to be,as required by Seward City Code Section 4.20.020(a)(6 . Printed Name of sponsor Sign e o sponsor Date 228 7 REFERENDUM PETITION FOR RESOLUTION 2023-089 PETITION BOOKLET NO.04 DATE PETITION ISSUED BY SEWARD CITY CLERK:Wednesday,August 30,2023 NOTICE:At least 71 signatures must be secured within 90 days after the petition is issued(Deadline:Tuesday,November 28,2023) A REFERENDUM PETITION TO REPEAL RESOLUTION 2023-089 Summary of the Resolution being referred:Resolution 2023-089(Passed and Approved July 24,2023 effective immediately)authorized the City to submit Proposition Number 1:A proposal to sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval. DO NOT write"Seward,AK 99664"in the address lines. FOR PO BOX I CLERK PRINTED NAME RESIDENCE/STREET MAILING SIGNATURE DATE SIGNED USE � ` © w k Lbw g -z &J"eOL, z3 V sa k f --/ By signing below,I swear that I personally circulated this petition,all signatures were affixed to this petition in my presence,and I believe that each signature is the perso e purport to be,as required by Seward City Code Section 4.20.020(a)(6). nnted Name of Sponsor Si re e5ponsor Date 229 Discussion Item Date: September 25, 2023 To: City Council From: Kris Peck, City Clerk Discuss the Agenda Format for Citizen Comments and Public Hearing Comments BACKGROUND: The current agenda format does not allow the 3-minute Citizen Comments to address public hearing items. If a citizen attempts to speak to a public hearing item they are gaveled down and told to wait until the public hearing item comes up on the agenda. However, the public hearing item might not come up for 45-90 minutes into the meeting depending on the agenda. The convenience factor of the Citizen Comments is a major advantage compared to waiting for the public hearing. In our public hearing notices (see below) we list them as starting at 7:00 p.m. but in reality the public hearings are nowhere near 7:00 p.m. The goal of this discussion is to evaluate the current process for citizen comments. Also tied into this discussion is the possibility of changing the duration of citizen comments. We have received feedback that 3 minutes is too short, and the closing comments of 5 minutes is too long. If council feels that changes need to be made,please make a motion to direct the Clerk's Office to bring back an ordinance with a revised format. TWO POSSIBLE OPTIONS: A. Allow citizens to speak to a public hearing item during the 3-minute opening comments. Their voice would be heard, it just wouldn't be an official part of the public hearing. 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT TuncE T-rE SCHEDULED FOR PUBLIC; 14 n v TATG (3 minutes per speaker) B. Keep the Citizen Comments section exactly the same, but immediately follow it with 5- minute public hearing comments. The clerk would read names from the Public Hearing sign-in sheets after we finish with the Citizen Comments. This would be an option for the citizen to speak now for 5 minutes or later for 5 minutes during the actual public hearing. The citizen would not be able to speak both times. 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (3 minutes per speaker) 5. PUBLIC HEARING COMMENTS (5 minutes per speaker) 230 .106 SEWARD CITY COUNCIL NOTICE OF PUBLIC HEARINGS Monday, August 28, 2023 NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a public hearing on the following items of business at its regular meeting on Monday, August 28, 2023: 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 Resolution 2023-096: Authorizing The City Manager To Enter Into A Consent Assignment To Breeze Inn, 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 Extend The Term Of The Lease For 18 Years And To Add Two Five Year Options To Extend Resolution 2023-097: Approving Lease Amendment No. 1 With The United States Of America Acting By and Through The Secretary Of The Army Resolution 2023-098: Approving the Terms of the Real Property Exchange Agreement between the City of Seward and the U.S. 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 and a Replacement Lease Agreement Between the City of Seward and the United States Coast Guard for Property at 1507 X Float Road and authorizing the City Manager to Sign all Documents Required to Complete the Agreement Essential terms and conditions of leases and all other pertinent copies of public hearing documents are available for review at the City Clerk's office. The public hearing will commence at 7:00 p.m.,or as soon thereafter as business permits,in the Seward City Hall,Council Chambers,410 Adams Street, Seward.All interested persons are invited to attend the meeting and participate in the discussion; or,written comments may be sent to the City of Seward, c/o City Clerk, P.O. Box 167, Seward, AK 99664, or e-mailed to: clerk@cityofseward.net 231