HomeMy WebLinkAbout05132024 City Council PacketSeward City Council
Agenda Packet
Photo by Kris Peck
Monday, May 13., 2024
City Council Chambers Beginning at 7:00 p.m.
City Council Meeting Agenda May 13, 2024 1 | Page
The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
City Council Chambers, 410 Adams Street
Please silence all cell phones and devices during the meeting
Mayor Sue McClure
Vice Mayor John Osenga
Council Member Mike Calhoon
Council Member Randy Wells
Council Member Kevin Finch
Council Member Robert Barnwell
Council Member Julie Crites
City Manager Kat Sorensen
Deputy City Manager Jason Bickling
City Clerk Kris Peck
City Attorney Sam Severin
Monday, May 13, 2024 at 7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited
to 3 minutes per speaker and 36 minutes total time for this agenda item.)
5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all
routine items listed under Item 7. Consent Agenda items are not considered separately unless a council member
requests an item be returned to the Regular Agenda.)
6. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS
A. Proclamations and Awards
1) Proclamation for Building Safety Month…………………………………………Pg. 5
2) Proclamation for Sobina Clendaniel for becoming Seward’s first All-American
wrestler……………………………………………………………………………Pg. 6
3) In Memoriam of Marianna Keil…………………………………………………..Pg. 7
B. City Manager Report…………………………………………………………………Pg. 8
C. City Clerk Report…………………………………………………………………….Pg. 17
D. City Attorney Report…………………………………………………………………Pg. 22
E. Other Reports and Announcements
F. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per
meeting unless increased by council.)
1) Rural Cap Mutual Self Help Housing Program by Mi’shell French
City Council Meeting Agenda May 13, 2024 2 | Page
7. CONSENT AGENDA (also marked with an asterisk *)
A. Minutes of Preceding Meeting
1)* Approval of April 29, 2024 City Council Minutes………………...…………….Pg. 24
B. Introduction of Ordinances – None
C. Resolutions
1)* Resolution 2024-028: Adopting The Seward Marine Industrial Center Development
Plan As Updated In November 2022…………………………………………….Pg. 29
D. 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 2024-008: Amending Seward City Code 2.30.225 And 16.01,
Responsibilities of the Planning and Zoning Commission……………………….Pg. 60
9. UNFINISHED BUSINESS
A. Ordinances -None
B. Resolutions - None
C. Other Items
1) Discussion Continued on Parking Signs at the Mount Marathon Hiking
Trailhead………………………………………………………………………….Pg.93
10. NEW BUSINESS
A. Ordinances for Introduction - None
B. Resolutions -None
C. Other New Business
1) Discuss Fingerprint Machine
11. INFORMATIONAL ITEMS AND REPORTS (No action required.)
A. Boards and Commissions Minutes
1) April 2, 2024 Planning & Zoning Commission Minutes……………………….Pg. 101
2) April 3, 2024 Port & Commerce Advisory Board Minutes…………………….Pg. 106
B. Other Items
1) Upcoming City Council Meetings
a. Tuesday, May 28, 2024 [Monday is Memorial Day Holiday]
City Council Meeting Agenda May 13, 2024 3 | Page
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
WHEREAS, The City of Seward is committed to recognizing that our growth and
strength depends on the safety of homes, buildings, and infrastructure in everyday life and when
disasters strike; and
WHEREAS, our confidence in the resilience of these buildings can only be achieved
through the dedication of vigilant building safety inspectors, fire prevention officials, architects,
engineers, builders, tradespeople, design professionals, laborers, and others in the construction
industry who work year-round to ensure the proper construction of Alaskan buildings; and
WHEREAS, the International Code Council is a nonprofit that brings together local,
state, and federal officials who are experts in the built environment to create and implement the
highest quality codes to protect us in the buildings where we live, learn, work and play; and
WHEREAS, these modern building codes include safeguards to protect the public from
natural disasters such as hurricanes, snowstorms, wildland fires, floods, and earthquakes; and
WHEREAS, “Mission Possible,” the theme for Building Safety Month 2024, encourages
our citizens to consider the commitment to improve building safety, sustainability, resilience,
and economic investment at home and in communities, and to acknowledge the essential service
provided to all of us by local and state code officials and federal agencies in protecting lives and
property.
NOW, THEREFORE, I, Sue McClure, do hereby proclaim May 2024 as:
Building Safety Month
in the City of Seward and encourage all citizens and fellow Alaskans to join us as we
participate in Building Safety Month activities.
Dated this 13th day of May 2024 THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
Proclamation
Building Safety Month — May 2024
5
PROCLAMATION
WHEREAS, Sobina Clendaniel, a Freshman at Seward High School and a member of
the Marathon Wrestling Club, participated at the 2024 U.S. Marine Corps Women National
Wrestling Championship in Spokane, Washington, April 14th, 2024; and
WHEREAS, Sobina along with 1520 women competed at the Podium, an award-
winning facility filled with thirteen wrestling mats and over 5000 individual matches wrestled
over the weekend; and
WHEREAS, Sobina competed in U15 54kg division. With 4 seconds left, down by 3
points, Sobina performed a perfect double leg takedown to propel her into the medal’s rounds.
Sobina won her last match 3 to 0, placing her in 7th place; and
WHEREAS, Sobina Clendaniel was awarded All-American for her 7th place in the
Nation at the 2024 Marine Corps Women’s Wrestling Nationals making her Seward’s FIRST
ever All-American wrestler; and
NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska, do hereby
congratulate Sobina Clendaniel for her 7th place at Women Wrestling National’s and obtaining
the first All-American status for Seward.
Dated this 13th day of May 2024 THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
Sobina
Clendaniel
6
IN MEMORIAM OF
MARIANNA KEIL
WHEREAS, the City Council of Seward wishes to offer this proclamation
in memoriam for Marianna Keil with deep gratitude for her service, and
WHEREAS, Marianna passed away April 28, 2024, in Seward, Alaska;
and
WHEREAS, Marianna was elected member of the Seward City Council
from 1995-1997 and from 2008-2018; and
WHEREAS, Marianna was elected by the Council as Vice Mayor for
many years; and
WHEREAS, Marianna served on the Planning and Zoning Commission
from 2001-2008; and
WHEREAS, Marianna worked for Domestic Violence for Seaview
Community Services in Seward during which time she helped countless individuals;
and
WHEREAS, Marianna served as the Legislative Information Officer for the State
of Alaska in the Seward office, keeping us informed on Legislative updates and public
hearings; and
WHEREAS, Marianna raised two strong daughters here and was an active member
of our community; and
WHEREAS, Marianna will be missed by
her family, Seward Citizens, and people that she
touched throughout our country.
NOW, THEREFORE, I, Sue McClure, Mayor of the
City of Seward extend our deepest condolences and present this
special recognition in memoriam to the family of Marianna
Keil.
Dated this 13th day of May 2024
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
7
CMR
City Manager Kat Sorensen
Cruise Ship Terminal: The AKRR, Royal Caribbean, and the Seward Company spent a
few days throughout town talking about the new cruise ship dock project slated to
begin in 2025. City staff attended several meetings, including a rotary lunch, Chamber
after 5, and in-house meeting with the group to discuss the plans.
EPA Clean Port Grant: We are working on a $45 million grant request for the city of
Seward to install shore power at the new cruise ship terminal. The grant is due at the
end of May, so it’s a big push to get it done in time but an exciting opportunity for our
city’s utility.
Heat Loop Project: Naneth and Jason completed all of the Grant Reporting at the end of
April. We have been notified that round 2 for the DOE Funding is fairly significant –
anywhere from $2m to $10m. The application for those funds will begin in late summer
/ early fall. The team National Renewable Energy Laboratories (NREL), Andy Baker, and
other interested parties will be here May 14th – 16th for their quarterly visit for equipment
monitoring.
Housing: We’ve been having ongoing conversations about housing and ways the city
can help be part of the solution. Later in the summer, we will be having some
conversations with council on possible actions the city can take.
Grants: We are in the early processes of applying for an EDA grant for communities
impacted by the loss of the coal industry. The grant would provide funds for SMIC
infrastructure improvements.
Legal: We are continuing to work with our attorneys on a number of different legal
fronts.
I will be out of town at the end of May to take my ICS-300 training as required. I am also
tentatively planning on attending several sessions of the Alaska Sustainable Energy
Conference in Anchorage starting May 20. On June 9, I’ll be travelling to Orlando with
Finance Director Sully to attend the Government Finance Officers Association annual
meeting/training which will be a great opportunity leading up to our budget sessions
this summer/fall.
Department Date Vendor Description Amount
SMIC
SHIPLIFT
4/24/2024 KENDRICK
EQUIPMENT
LTD
Vendor used to purchase 4 new chine pads are
required for protection of the lifting straps on the 330
Travelift.
$13,497.68
City Manager Report
CMR8
POLICE DEPARTMENT – Chief Alan Nickell
• Chief Nickell and Deputy Chief Schaefermeyer just attended a course on Crime
Prevention Through Environmental Design (CPTED) and are now able to advise
on projects for new construction or existing construction improvement projects
in the local area. If anyone would like help with making their area safer, feel free
to reach out to us. We are happy to be of service.
• Don’t forget on May 11th we have the Bike Rodeo going on. Stop in for food and
fun!
• May 18th is the Torch Run to benefit Special Olympics, please stop by and
support this worthy cause!
FIRE DEPARTMENT – Chief Clinton Crites
• There are 17 building permits issued and we have responded to 135 calls for
service year to date.
• APRIL 24TH Manufacturer Rep. LN Curtis brought in an expert on our Extrication
tools to give us a 4 hour training on Extrication and Stabilization and will return
later to present a full day class to Seward and the surrounding departments.
• The 12th Annual Phoenix Chapter Cruise will be May 25! Get your tickets now
before they are sold out. This benefit cruise helps support Fire and EMS training
on the Eastern side of the Peninsula. A huge shout out to all our supporters and
donors especially Major Marine Tours for graciously donating their vessel and
crew! Come by the station or call 224-3445 for your ticket today!
• May 4th SFD assisted P&R with the Pink Cheeks Triathlon by helping control
traffic at busy intersections.
• May 11 during the Bike Rodeo, the Fire Station had an open house with picture
boards, turn out gear for kids, and Root Beer Floats!
City Manager Report
CMR9
Community Development – Danny Meuninck
• The Safe Streets and Roads For All Grant awarded to the borough with the
support of Seward during the application process hosted a Comprehensive
Safety Action Plan Workshop on May 9th in the Seward Community Library. The
workshop was an Open House format with a short presentation to highlight the
project. The project website can be found at this link: [KPB SS4A Comprehensive
Safety Plan (arcgis.com)] and it includes a survey where Seward citizens can
help the borough understand our community’s transportation safety concerns
and where exactly those concerns are located in Seward. The survey is open
through May 30th.
• The Community Development staff along with Planning and Zoning
Commissioner’s Griswold and Hubbard attended the virtual National Planning
Conference on May 8-10th. The National Planning Conference is put on by the
American Planning Association.
• The Planning and Zoning Commission is still looking to fill their final seat on the
Commission. A recorded informational session about the Commission is up on
the Community Development website for any interested Seward citizens.
Seward Parks and Recreation Department – Mel Hauze
• Sports and Rec is off and running in our busiest time of the year!
• Sat, April 20th Kite Festival ended up being a beautiful sunny weekend with over
500 people showing up throughout the 2-day event.
• April 26th we hosted our first event at Tidewater restaurant - our Spring League
Party - with around 25 participants!
• Our Leagues came to a close with the championship winners The Runners
(basketball) and Sweet Digs (volleyball) playing amazing games
• April 27 & 28th Our Seward Alaska Ventures Volleyball Tournament was a
resounding success with over 156 out-of-towners staying in our hotels,
shopping in town, eating at local restaurants and going to coffee shops.
Everyone was pretty excited and was extremely happy to have the Seward
tradition back on!
City Manager Report
CMR10
• The following weeks we have had the Pink Cheeks Triathlon (May 4th), Bike
Rodeo/Super Saturday Cleanup
(May 11th) and the Exit Glacier
Run 5K/10K is coming up Sat,
May 18th. Sign up at
runsignup.com or volunteer at
signupgenius.com.
• Bear Bell Run will be held
Fri, Jun 7th @ 11am. A one mile
run along the bike path for ages 4
to 11 years old.
Campgrounds:
• Campgrounds are now open for the Summer season. With the exception of
Forest Acres and Boulder Campgrounds.
• Shower house work is complete with new water heater, plumbing work, sump
pump & control box.
• Campground resurfacing is complete
• Waterfront restrooms are open
Park Maintenance:
• New plumbing parts replacement in public restrooms.
• Kawabe Bathroom improvements. Now open to the public. Closes nightly at
9pm.
• Fertilizing and seeding park areas, fields and green spaces.
• Garden prep for flowers to plant. Volunteers will adopt a flower bed and
maintain throughout the season. SPRD will recognize volunteers with a
sponsorship sign in garden
• Picnic table and bumper placement in Campgrounds. Continue to refurbish old
tables and assemble new tables.
Parking
• Seasonal Parking passes are now available for purchase at the Sports & Rec
front desk at the AVTEC gym and online at www.recdesk.com
• Parking lots opened May 1st
Library/Museum Department - Sue Drover
Summer operating hours for the Library & Museum (May 1-Sept 29) Tues-Fri 9-6, Sat 9-
5. We will be Closed May 28th to honor Memorial Day.
City Manager Report
CMR11
• Patron Statistics (April 2024): 21 working days, we served 7315 patrons, averaging
348 visitors daily. Additionally, we facilitated 54 events, 21 Shushbooth
reservations, and proctored 3 exams during this period.
• Passport Processing: Our new agents are processing passports still under
guidance, and I am confident they will be able to process them without supervision
soon. We processed 11 passports in April.
• Summer Reading Program is receiving registrations for ages 1yo to 8th grade. We are
running 2 groups for each event broken down as follows, Group 1 (0-4th grade) and
Group 2 (5th-8th grade). There are 11 weeks for this years Summer Reading Program.
Our theme is “Coastal Community” we are celebrating things that make living in a
waterfront community special.
• Library on Wheels has begun registering participants through the Senior Center
Meals on Wheels program who are unable to physically come to the library to check
out materials and receive those items weekly with their meal delivery.
• Americans and the Holocaust exhibit has put out invitations for field trips to ASD,
MSBSD, and KPBSD. We are offering in-person and virtual field trips for those that
cannot visit the exhibition in-person. We have several bookings and look forward to
filling the calendar. Additionally, we are having an Opening Ceremony which will
offer guest speakers and representatives from the Anchorage Jewish Museum.
• After our full day of Seward Middle School field trips on April 24th we have seen a
significant increase in YA services and YA library card applications.
• Inter-Library Loan (ILL): We have returned to reciprocating ILL through ALC
specifically with Kenai Peninsula Libraries and Anchorage Libraries. In April we
shared 53 books and received 81.
Museum Operations:
• April Attendance: 164 Visitors
• Alaska: Anchorage, Old Harbor, Palmer, Wasilla, Whittier,
• United States: Arizona, California, Georgia, Illinois, Montana, New Jersey, New
York, Ohio, Oklahoma, Tennessee, Washington
• International: Nova Scotia, Philippines, Switzerland, Taiwan
Hours
Museum Summer Admission Hours (May 1 to September 29)
Admission price is $5.
Tuesday – Friday: 9am to 6pm
Saturday: 9am to 5pm
Sunday: 1pm to 4:30pm
Exhibitions
The Exhibits Committee met on April 25 to share updates on Text Panel orders
and Exhibit improvements needed. Based on evaluation and feedback from the
City Manager Report
CMR12
community and visitors, we are already planning new exhibits to be installed in
Winter 2024. The Exhibits Committee will continue to meet one more time
during July and will pick back up in the Fall.
Ongoing:
• First World Flight Centennial, 1924 – 2024 Window Display: Did you know that
Seward was one of the stops in mankind's first-ever flight around the world? In
collaboration with Friends of Magnuson Park in Seattle, we will mark the centennial
of this historic achievement in aviation. (On Display April 2 – June 1)
• May is for Historic Preservation Month! In honor of Historic Preservation Month, the
Seward Museum is proud to present a small display in the Library Hallway
celebrating the rich heritage of our historical buildings & sites.
Upcoming in May 2024:
• Jesse Lee Home Exhibit
• Jacoby Exhibit
Collections
The Collections Committee will meet on Saturday, May 11, to discuss donating
deaccessioned items to the community and updating the Museum’s display
cases. Beginning June 4, the museum team will complete a thorough inventory
check covering all artifacts, artworks, and items within its collection. This
initiative will take approximately 2 weeks to ensure accurate records, identify
discrepancies, and enhance overall collection management.
Harbor - Tony Sieminski
• Seasonal bathrooms and water on floats are all on as of 5/2, unfortunately, the
Uplands section has a major break. We are sourcing parts and hope to have
fixed within the week.
• April had a total of 39 lifts with the 50-ton Travelift.
• We are adding the final additions to the PIDP Grant (Port and Infrastructure
Development Program) proposal with PND and should be completed the week
of May 6th. This is a possible funding source for our 50-ton Travelift Washdown
pad.
• Float layout and design with Alaska Harbor Consulting for Z – float Expansion
Project has begun and hope to have that completed in the next couple weeks.
• I met with AK Lands and Community Development to discuss layout and
preliminary design for developing the Harbor Uplands.
• We conducted two interviews for our Harbor Office Assistant on 5/2 and hope to
have that position filled in the coming weeks.
City Manager Report
CMR13
• Activity at North Dock has increased significantly the past couple weeks. We
had 244 tons of Wharfage cross the dock.
• Continuing to work with Vendors on new power pedestals for additional power
throughout the SMIC boat yard. Vendor has follow up questions on Transformer
size and layout before we can get a more detailed/accurate quote.
• The Harbor Department is currently participating in the online portion to become
certified in CPR and first aid.
• We had a total of 16 lifts with the 300-ton Travelift
Electric – Brian Hickey
• Policy and Procedure Orientation: Learning Seward's policies and procedures to
ensure compliance and effective project management in line with organizational
standards.
• Fire Protection System Replacements: Reviewed and acquired updated fire
protection systems estimates. This initiative aims to enhance safety measures
and ensure up-to-date compliance with fire safety regulations.
• Shore Power Grant Application: Prepared a preliminary estimate and description
for the Railbelt’s attributes for shore power grant application. This document
outlines the projected costs, necessary to support the application process.
• Transformer and Materials Purchases: reviewed vendor proposals and
formulated draft resolutions for the annual procurement of essential materials
and transformers. This effort supports the maintenance, reliability, and
expansion of our electrical infrastructure to meet our consumers new service
requirements.
• Forest Service Permit ROW Management Plan: working with our consultant and
field crews, reviewed and developed comments on our draft Forest Service
permit for Right-of-Way (ROW) management plan. Our feedback focuses on
optimizing the alignment with environmental standards and operational
efficiency.
Finance - Sully Jusino
• Finance continues to work with the auditors performing our annual audit.
• Finance and utility Assist. is preparing for the first round of utility disconnection
due to account delinquency when weather conditions permit. We offer deferred
payment plans and information on assistance organizations; please contact our
Utility Department.
IT – Dustin Phillips
City Manager Report
CMR14
• Tech Tip - Keyboard shortcuts can save valuable time when reporting or working
with large amounts of data. Easily move text by selecting it all (Ctrl + A) then Ctrl
+ C (copy) and Ctrl + V (paste). Ctrl + Z will undo your recent action or Ctrl + Y will
redo it. Ctrl + N will open a new document and you can save it with Ctrl + S. If
your day is typically spent multitasking – Alt + Tab will switch between programs.
Public Works – Doug Schoessler
• We continue to meet with the US Army Corp of Engineers as they engineer the
project. It is still on schedule for construction to start in 2027. The inlet and outfall
designs are firming up and the main tunnel design is close to being finished. A few
of the Corp team traveled to Switzerland to see similar tunnels that are excellent
examples of tunnel construction methods. Great information!
• State of Alaska DOT and QAP will be finishing up work on the Mile 0-8 Project. The
line painting from Van Buren to Railway is to be completed starting June 3rd. There
will be road closures and night work to finish as quickly as possible. Expect more
information for detours and road closures very soon.
• The Water and Sewer Rate Study is almost ready to present, and a
presentation/discussion will be scheduled soon at an upcoming council meeting.
There are two very important parts to implement from the study. First, we need to
replace the current complicated ERU billing for all businesses and any residential
apartment buildings that are a 3-plex or larger. They will all have to be “metered”.
This will simplify the whole system for the customer and our billing process.
Second, we need to adjust the rates and revenues to keep on track for maintenance
and operations.
• Public Works is experiencing some personnel changes and will be welcoming 1 new
employee in May, another in June, 1 more in July, and also transferring 1 employee
within the PW departments. These changes are due to retirements and one other
employee moving away.
• The Shop and Street crews will be finished changing snow tires by Friday May 9.
Then they will go back to sweeping and washing the city streets.
• The Water-Wastewater Departments have been very busy with water turn-ons for
businesses and residents as the summer folks return to Seward.
City Manager Report
CMR15
Department Job Title
# of
Positions Filled
Administration City Manager 1 1
Deputy City Manager 1 1
Human Resources Manager 1 1
Executive Assistant 1 1
TOTAL:4 4
Finance Director 1 1
Deputy Finance Director 1 1
Senior Accountant 1 1
Accounting Technician III 1 1
Accounting Technician II 1 0
Accounting Technician - Utilities 2 2
Accounting Tech Payroll 1 0
Accounting Tech Accounts Payable 1 1
TOTAL:9 7
Public Works Director 1 1
Street Foreman 1 1
Maintenance Mechanic 3 3
Public Works Technician 1 1
Shop Foreman 1 1
Water and Wastewater Foreman 1 1
Water and Wastewater Operator 3 1
Building Maintenance Technician 2 2
TOTAL:13 11
Community Development Director 1 1
Planner 1 1
Executive Assistant 1 1
TOTAL:3 3
Electric Director 1 0
Operations Supervisor 1 0
Field Engineer 1 1
Executive Assistant 1 1
Lineman 4 3
Plant Operator 2 2
TOTAL:10 7
Fire Department Chief 1 1
Deputy Chief 1 1
Executive Assistant 1 1
Building Official 1 1
Fire Marshal 1 1
Firefighter/EMT 1 1
Seasonal - Summer Laborer 1 1
TOTAL:7 7
Harbor Harbor Master 1 1
Deputy Harbor Master 1 1
Office Manager 1 1
Executive Assistant 2 1
Harbor Worker II 6 6
Harbor Worker III 1 1
Seasonal - Summer Laborer Part-Time 1 0
Seasonal - Summer Laborer Full-Time 1 1
TOTAL:14 12
IT Director 1 1
Senior IT Tech 1 1
IT Technician 1 1
TOTAL:3 3
Library Director 1 1
Deputy Library Director 1 0
Library Technician 1 1
Curator 1 1
Library Aide 1 1
Seasonal - Aides 2 2
TOTAL:7 6
Police Chief 1 1
Deputy Chief 1 1
Sergeant 1 1
Patrol Officer 7 5
Patrol Officer not funded 1 0
Executive Assistant 1 1
Corrections Sergeant 1 0
Corrections Officer 4 0
Corrections Officer not funded 1 0
Dispatch Supervisor 1 1
Dispatcher 5 5
Animal Control Officer 1 1
Animal Control Officer Assistant 1 1
DMV Clerk 1 1
TOTAL:27 18
Parks & Recreation Director 1 1
Deputy Director 1 1
Executive Assistant 1 1
Campground Coordinator 1 1
Program Coordinator 1 1
Recreational Assistant 1 1
Maintenance Technician 1 1
Seasonal - Summer 9 0
Seasonal - Winter 8 8
TOTAL:24 15
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:96
City of Seward - Human Resources Manager Report
Staffing Information
City Manager Report
CMR16
CLERK REPORT May 13, 2024
Blast from the Past: City Logo Design Contest
Clerk Report: City Logo Design
Contest
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Clerk Report: City Logo Design
Contest18
Clerk Report: City Logo Design
Contest19
Clerk Report: City Logo Design
Contest20
Clerk Report: City Logo Design
Contest21
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23
City of Seward, Alaska City Council Meeting Minutes
April 29, 2024 Volume 42, Page
CALL TO ORDER
The April 29, 2024, regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Sue McClure. (Rescheduled from April 22, 2024)
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
Randy Wells
Robert Barnwell
Julie Crites
comprising a quorum of the Council; and
Kat Sorensen, City Manager
Jason Bickling, Deputy City Manager
Kris Peck, City Clerk
Jodi Kurtz, Deputy City Clerk
Excused – Osenga
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Sheryl Seese, inside city limits, spoke to the parking at the trailhead of Mt. Marathon and
the need for emergency access. She provided a brief history of the parking signs in the area and
issues with enforcement. On another topic, Seese thanked Nort Adelmann and Norm Regis for
their service to the City of Seward.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Calhoon/Wells) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
24
City of Seward, Alaska City Council Meeting Minutes
April 29, 2024 Volume 42, Page
Approve the April 15, 2024, City Council Meeting Minutes
Introduction of Ordinance 2024-008: Amending Seward City Code 2.30.225 And 16.01,
Responsibilities of the Planning and Zoning Commission
No Grounds for Protest to the Liquor License Renewal for Zudy’s Café #5356
SPECIAL ORDERS, PRESENTATIONS, AND REPORTS
Proclamations and Awards
Recognition of Norm Regis’ Service to the City of Seward
Recognition of Nort Adelmann’s Service to the City of Seward
City Manager Report
City Manager Kat Sorensen noted that two very remarkable city workers were retiring
and she was grateful for Norm Regis and Nort Adelmann’s service to the city. Sorensen reminded
everyone that harbor parking enforcement was starting on May 1 and seasonal parking passes
could be purchased from the Parks & Recreation Department. Lastly, Sorensen also provided an
update on the recent economic development meeting in Kenai.
Calhoon asked for an update on the Jesee Lee Home property. Bickling responded that this
issue had been dragging on, but he was hopeful there would be an update soon.
Calhoon noted it was great that Bickling recently attended the Government Finance
Officers training in Minnesota.
City Clerk Report
City Clerk Kris Peck said the clerk’s office had selected four students for the high school
exchange with Obihiro, Japan. This would be the first time since 2019 that Seward had participated
in the exchange.
Other Reports and Announcements
Chamber of Commerce Report from Executive Director Sam Allen
(Clerk’s Note – Allen was unable to attend. Her written report was in the council packet)
Presentations - None
PUBLIC HEARINGS
Ordinances for Enactment
25
City of Seward, Alaska City Council Meeting Minutes
April 29, 2024 Volume 42, Page
Ordinance 2024-005: Approving The Land Use Amendment to Rezone Fort Raymond
Subdivision, Replat Number 7, Lot 10A-2, Located At 905 Sea Lion Ave, From an Institutional
(Ins) Zoning District to An Auto Commercial (AC) Zoning District
Motion (Wells/Calhoon) Enact Ordinance 2024-005
Community Development Director Danny Meuninck said this ordinance involved the
recent land sale with Seward City Tours. The Planning & Zoning Commission had approved the
rezone.
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
Ordinance 2024-006: Approving the Land Use Amendment to Rezone Seward Townsite
Marathon Addition, Lot 29, Located At 537 First Ave, From A Single-Family Residential (R1)
Zoning District to A Park (P) Zoning District, As Recommended In The Municipal Lands
Inventory And Management Plan
Motion (Calhoon/Wells) Enact Ordinance 2024-006
Community Development Director Danny Meuninck said he had been working his way
through the recommendations in the Municipal Lands Plan and wanted to make the changes
official. This ordinance would preserve the area as a park for future use.
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
Ordinance 2024-007: Approving The Land Use Amendment to Rezone Gateway Subdivision
Addition No. 2 Tracts C4, C5, C6 & C7, Tract C-6, Located At 2301 Crabapple Street, From A
Single-Family Residential (R1) Zoning District to An Institutional (Ins) Zoning District, As
Recommended in The Municipal Lands Inventory and Management Plan
Motion (Calhoon/Wells) Enact Ordinance 2024-007
Community Development Director Danny Meuninck said this rezone would allow the
water tank facility to be there outright without requiring a Conditional Use Permit.
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
26
City of Seward, Alaska City Council Meeting Minutes
April 29, 2024 Volume 42, Page
NEW BUSINESS
Other New Business
Discuss Parking Signs At The Mount Marathon Hiking Trailhead
Sorensen said the rezone at the Planning & Zoning meeting involved a heavy discussion
about the parking situation at the trailhead. She said this discussion tonight was to explore options
for parking.
Finch said barricades could be used to block off certain sections of the area. He would like
to see fines and towing for violators. The barricades could be pushed back in the winter for snow
removal.
Police Chief Alan Nickell said there were limited options for towing in town. Sorensen
added that a towing notice on the signs could be a deterrent of its own.
McClure asked about what dollar amount could be posted for a parking fine. Nickell
recommended having the fine amount vetted through the city attorney to help ensure the State of
Alaska court system would accept the dollar amount.
Nickell wondered if it would be possible to make the area officially a fire lane and enforce
it as such. A fire lane would have built-in fees and towing rules.
McClure asked for the discussion to come back for the next meeting along with
recommendations from the Fire Chief.
INFORMATIONAL ITEMS AND REPORTS
January 11, 2024, Historic Preservation Commission Minutes
Other Items
Upcoming City Council Meetings: Regular Meeting on Monday, May 13, 2024, at 7:00 p.m.
City Clerk’s Memo Verifying Timely Receipt of Financial Disclosure Forms
CITIZEN COMMENTS -None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Barnwell thanked city administration and the clerk for the short meeting. Barnwell
summarized his recent lobbying trip to Washington D.C. along with the Sorensen and Regis.
Overall, Barnwell was very impressed with the group’s professional performance in D.C.
27
City of Seward, Alaska City Council Meeting Minutes
April 29, 2024 Volume 42, Page
Crites congratulated Norm Regis and Nort Adelmann for their 30 years of service to the
City of Seward.
Wells gave a massive thank you to Regis and Adelmann for their service. Wells said Regis
was the first city employee he ever had any business dealings with that Regis was an inspiration.
Finch said Regis and Adelmann both gone above and beyond in their duties and thanked
them both for their service. Finch noted that was a lot of experience that just retired.
Calhoon said tonight’s work session had started some conversation with Providence and
he looked forward to more conversations down the road. Calhoon thanked Regis and Adelmann
for their three decades of service and wished them well in their retirement. Calhoon noted he would
not be at the next council meeting. Lastly, Calhoon provided a summary of upcoming events in
May including: Mother’s Day, Armed Forces Day, Combat Fishing Tournament, and Memorial
Day Weekend.
McClure also wanted to congratulate Regis and Adelmann on their retirement and hoped
they would still volunteer with the community. On another topic, McClure noted it was the time
of year that kids were suddenly out on bikes and cautioned drivers to watch out. Lastly, McClure
shared some sad news that her good friend Marianna Keil has just passed away. She noted Keil
had served many years on the Planning & Zoning Commission and City Council.
Finch confirmed the Bike Rodeo was being held on Saturday, May 11, 2024 and
encouraged people to attend with their kids.
Calhoon also wanted to add that the American Legion Auxiliary Unit 5 would be putting
out poppy cans throughout the month of May.
ADJOURNMENT
The meeting was adjourned at 7:46 p.m.
_____________________________ _________________________________
Kris Peck Sue McClure
City Clerk Mayor
(City Seal)
28
Resolution 2024-028
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
ADOPTING THE SEWARD MARINE
INDUSTRIAL CENTER DEVELOPMENT
PLAN AS UPDATED IN NOVEMBER
2022
Documents:
•Agenda Statement
•Resolution 2024-028
•Attachments:
o Resolution 2018-015
o Updated SMIC Development Plan November 2022
Resolution 2024-028
29
City Council Agenda Statement
Meeting Date: May 13, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Port and Commerce Advisory Board
Subject: Resolution 2024-028, Adopting The Seward Marine Industrial Center
Development Plan As Updated In November 2022
Background and justification:
Through Resolution 2006-131, the City Council assigned the Port and Commerce Advisory Board
to review and update the Seward Marine Industrial Center Development Plan. The plan was
updated in 2008,2011,2018 and again in 2022.
The Port and Commerce Advisory Board approved the November 2022 Updated Seward Marine
Industrial Center Plan at their regular meeting on April 3, 2024 Resolution 2024-001.
The City Harbor Department is actively looking to expand the infrastructure at Seward Marine
Industrial Center to further expand business opportunities and services.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.5.1 Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management plans.
Strategic Plan: We are a community that promotes economic diversity, encourage
growth of year-round businesses, desires environmentally responsible
industry, and seeks jobs that promote a higher standard of living.
Other: Seward Marine Industrial Center Development Plan
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
Not applicable
Resolution 2024-028
30
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
Resolution 2024-028
31
Sponsored by: Port and Commerce Advisory Board
CITY OF SEWARD, ALASKA
RESOLUTION 2024-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ADOPTING THE SEWARD MARINE INDUSTRIAL CENTER
DEVELOPMENT PLAN AS UPDATED IN NOVEMBER 2022
WHEREAS, through Resolution 2006-131 the City Council assigned the Port and
Commerce Advisory Board to review and update the Seward Marine Industrial Center
Development Plan (SMIC); and
WHEREAS, the SMIC Development Plan was updated in 2008, 2011, 2018 and 2022; and
WHEREAS, at the Port and Commerce Advisory Board regular meeting on April 3, 2024,
they approved the November 2022 updated SMIC Development Plan; and
WHEREAS, the City Harbor Department is actively looking to expand the infrastructure
at SMIC.to further expand business opportunities and services
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby adopts the November 2022 Updated Seward Marine
Center Development Plan
Section 2. The plan will be updated by Administration as needed
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 13th
day of May 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Resolution 2024-028
32
CITY OF SEWARD, ALASKA
RESOLUTION 2024-028
Kris Peck
City Clerk
(City Seal)
Resolution 2024-028
33
Sponsored by: Port And Commerce Advisory Board
CITY OF SEWARD, ALASKA
RESOLUTION 2018-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ADOPTING THE UPDATED 2018 SEWARD MARINE
INDUSTRIAL CENTER DEVELOPMENT PLAN
WHEREAS, initial construction of the Seward Marine Industrial Center (SMIC) began in
1980 with the shiplift becoming operational in 1985; and
WHEREAS, the City based the construction and development on a 1980 project description
prepared by its consulting engineers; and
WHEREAS, the Seward Port and Commerce Advisory Board (PACAB) initiated a plan to
guide city management and private enterprise in the continued development and management of the
Seward Marine Industrial Center; and
WHEREAS, the City Council of the City of Seward, Alaska passed and approved the SMIC
Development plan on January 23, 1995 by Resolution 1995-007; and
WHEREAS, through Resolution 2006-131 the City Council assigned PACAB to review and
update the Seward Marine Industrial Development Plan; and
WHEREAS, the plan was updated in 2008 and reviewed again in 2011; and
WHEREAS, in 2017 PACAB held multiple work sessions and meetings to solicit public
comments and discuss updates to the SMIC Development Plan; and
WHEREAS, the SMIC Development Plan was updated based on draft reviews and
comments of PACAB, the public, Community Development, Building Department and City
Administration; and
WHEREAS, PACAB, at its February 7, 2018 meeting, approved Resolution 2018-002
recommending to Seward City Council to approve the updated SMIC Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEWARD COUNCIL
OF THE CITY OF SEWARD, ALASKA that:
Section 1. The City Council supports the adoption of the updated 2018 Seward Marine
Industrial Center Development Plan.
Section 2. The appendices will be updated Administratively as needed.
Resolution 2024-028
34
CITY OF SEWARD, ALASKA
RESOLUTION 2018-015
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 260, day
of February, 2018.
THE CITY OF SEWARD, ALASKA
David Squires, May r
AYES: Casagranda, Keil, McClure, Slater, Towsley, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4LQL&x'—
Brenda J. Ballo , MMC
City Clerk
y OF SE •. City Seal) . V,q .
e• SEAL •
s
OF
tS' o yE 1 ti •' Q•
1
Resolution 2024-028
35
Agenda Statement
Meeting Date: February 26, 2018
To: Seward City Council
Through: Jim Bunt, City
Through: Norm Regis,
From: PACAB
Agenda Item: Approve updated SMIC Development Plan
BACKGROUND & JUSTIFICATION:
The Seward Marine Industrial Center Development Plan is a direct outgrowth of the community's
desire to enhance, encourage and promote an atmosphere favorable for additional private sector
economic development at SMIC. The Plan contains only advisory elements comprised of goals,
issues, and actions for SMIC. The Plan is referenced when investigating development plans, applying
for grants, and developing funding strategies for development at the Seward Marine Industrial
Center. The current plan is available online at: www.cityofseward.net/SMIC
The City of Seward originally adopted the Seward Marine Industrial Center Development. Plan on
January 23, 1995 by Resolution 1995-007. Through Resolution 2006-131 the City Council assigned
the Port and Commerce Advisory Board to review and update the SMIC Development Plan. The
SMIC Development plan was reviewed with the Port & Commerce Advisory Board through work
sessions, workshops, and public hearings in 2006 and 2007. At the October 17, 2007 regular meeting
the Board passed the motion to support the Planning & Zoning Commission changes to the Plan, as
amended. The Port and Commerce Advisory Board passed Resolution 2008-01 supporting City
Council adoption of the updated Seward Marine Industrial Center Development Plan. Seward City
Council passed Resolution 2008-33 to adopt the plan on April 28, 2008.
City Administration has reviewed the plan in 2011 and drafted recommended updates to the plan.
These were discussed with the Port & Commerce Advisory Board at their March 16, 2011 work
session.
City Administration and PACAB has had several meetings including the public during the
September 6, 2017 regular meeting, October 25 and December 12, 2017 work sessions.
PACAB has updated and finalized the SMIC Development Plan at the January 3, 2018 regular
meeting and approved the Plan in PACAB resolution 2018-002 at its February 7, 2018 meeting.
Resolution 2024-028
36
INTENT:
Seward City Council approve the updated SMIC Development Plan
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (page I--16 3.5. l.2): Support the SMIC
Development Plan X
2. Strategic Plan X
3. Other (list):
FISCAL NOTE:
Supporting this activity does not require appropriation of any funds.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No Not Applicable-X.
RECOMMENDATION:
Seward City Council approve Resolution 2018- approval of the updated SMIC Development Plan.
Resolution 2024-028
37
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59
Ordinance 2024-008
AN ORDINANCE OF THE SEWARD CITY
COUNCIL, AMENDING SEWARD CITY
CODE 2.30.225 and 16.01,
RESPONSIBILITIES OF THE PLANNING
AND ZONING COMMISSION
Documents:
•Agenda Statement
•Resolution 2024-008
•Attachments:
o Subdivision Agreement
Ordinance 2024-008
60
City Council Agenda Statement
Meeting Date: April 29, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Jason Bickling, Deputy City Manager
Subject: Ordinance 2024-008: An Ordinance of the City Council of the City of
Seward, Alaska, Amending Seward City Code 2.30.225 And 16.01,
Responsibilities of the Planning and Zoning Commission
Background and justification:
In Title 2 and Title 15, The Planning and Zoning Commission (“P&Z”) is tasked by council and
explicitly given the authority to shape the city code for responsible and logical development
within the city. Most of this takes place within Title 15: Planning and Land Use Regulations
but there are also important pieces within Title 16: Subdivisions. Currently, there are two
responsibilities of the P&Z in Title 16:
16.05.010 – Required Public Improvements
2.Telephone and electric lines. All new telephone and electric lines shall be installed
underground, unless found to be impractical by the city planning and zoning commission
and affirmed by the city council, and in accordance with specifications of the appropriate
utility companies and the city.
3.Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by the
city council. Fire hydrants shall be provided to standards established by the American
Waterworks Association and shall be a brand specified by the city. The subdivider shall not
be required to drill individual wells.
The Subdivision Agreement is an agreement between any subdivider and the city that dictates
specific requirements for the subdivision and improvements, which are laid out in Title 16.
There are other pieces of Title 16 and the Subdivision Agreement that fall under the category of
responsible and logical development, including but not limited to roads, sidewalks, greenspace,
streetlighting, right of ways, and easements.
Ordinance 2024-008
61
This ordinance will add language to both Title 2 and Title 16 which give them explicit
responsibility for the other portions of Title 16 that tie into their role in helping shape responsible
and logical development of the community.
There is also additional language that will help with administrative interpretation and
enforcement of those titles. Having P&Z input on the requirements of Title 16 and Subdivision
Agreements will be very helpful to Community Development and Administration.
There is also the verbiage change of “telephone” lines to “communication” lines to bring the
language up to speed in a technological sense.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.2.2 Continue to support and improve the capacity of the office of
Community Development
3.7.1.3 Continue to improve the quality and efficiency of city governmental
services
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
Not applicable
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Ordinance 2024-008
62
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
Ordinance 2024-008
63
Sponsored by: Administration
Introduction Date: April 29, 2024
Public Hearing Date: May 13, 2024
Enactment Date: May 23, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 2.30.225 AND 16.01,
RESPONSIBILITES OF THE PLANNING AND ZONING COMMISSION.
WHEREAS, The Planning and Zoning Commission (“P&Z”) is tasked by council and
given explicit powers to shape city code for responsible and logical development; and
WHEREAS, Title 16: Subdivisions and the Subdivision Agreements both help the City
ensure responsible and logical development; and
WHEREAS, P&Z already has some responsibility over helping administer the
requirements of Title 16; and
WHEREAS, the administrative official could benefit from a greater degree of review and
input from P&Z on Title 16 matters.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS, that:
Section 1. Seward City Code Titles 2 and 16 are hereby amended to read as follows (new
language is in bolded italics and underlined and deleted language is stricken):
2.30.225 Powers and duties.1
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
1Editor's note(s)—City Ord. No. 94-04 deleted historic preservation duties and created a separate historic
preservation commission. See § 2.30.410 et seq.
Ordinance 2024-008
64
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 2 of 9
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, Subdivisions, Seward Comprehensive Plan, Official Zoning Map, Official
Land Use Plan Map, and other duties as requested by the city council.
C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning
Commission regarding the following matters:
1. Subdivision plat proposals;
2. Right-of-way and easement vacation petitions;
3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan
development, updates and amendments; and
4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City
of Seward.
D. The commission shall have no authority to solicit or commit city funds without first
obtaining approval of the city council.
(Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-
04; Ord. No. 2022-004, § 1, 2-14-2022)
16.01.010. Definitions.
Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat
for record.
Parcel. An unsubdivided plot of land.
Person. A natural person, firm, association, partnership, corporation, governmental unit or
combination of any of these entities.
Plat. A map or chart of a surveyed subdivision of land.
Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded
subdivision involving the change of property lines and/or, after vacation, the altering of
dedicated streets, easements or public areas.
Street. A right-of-way which provides for vehicular and pedestrian access to abutting
properties.
Subdivider, owner, proprietor or developer. A person, firm, association, partnership,
corporation, governmental unit or combination of any of these which may hold any legal or
equitable ownership interest in land being subdivided or which has been subdivided. The term
shall also include all heirs, assigns, successors in interest, representatives or personal
representatives of the subdivider, owner, proprietor or developer.
Ordinance 2024-008
65
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 3 of 9
Subdivision. The division of a tract or parcel of land into two or more lots, sites or other
divisions for the purpose, whether immediate or future, of sale, lease or building development,
including any resubdivision and, when appropriate to the context, the process of subdividing of
the land subdivided.
Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is
presently located and for which no building permit for the construction of a permanent dwelling
unit or commercial structure has been requested as of October 1, 1977.
(Ord. 443, 1977)
16.01.015. Conditions to plat approval.
A. No preliminary or final plat for the subdivision or resubdivision of land located within the
city limits shall be approved by the city unless all of the required improvements set forth in
section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the
manner described in section 16.05.015.
B. No preliminary plat of city-owned property may be submitted to the Kenai Peninsula
Borough planning commission for approval without the prior consent of the city council.
C. Public posting. The applicant shall post the property subject to the application with public
notices as provided by the city at least ten days before the date of the required public
hearing. Such notices shall be placed so as to be visible from each improved street adjacent
to the property. The applicant is responsible for removing the posted notices within five
days after the hearing is completed. Failure to properly post notices is grounds for deferral
or denial of the application. No one except the applicant, an agent of the applicant, or the
city shall remove or tamper with any such required posted notice during the period it is
required to be maintained under this paragraph.
D. Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit
signed by the person who posted the notice or caused the posting to be done that the notice
was posted as required by this section.
E. Notification of neighboring property owners. A notice of preliminary plat review shall be
mailed not less than ten days prior to the meeting review date to the owners of record on the
Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery
of the parcel affected by the proposed plat.
F. A plat submitted to create a single parcel through the vacation of interior lot lines shall be
exempt from subsection (c), public posting, (d), proof of posting and (e), notification of
neighboring property owners.
(Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06)
16.01.020. Conveyances restricted in present subdivisions.
Ordinance 2024-008
66
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 4 of 9
Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of
undeveloped lots located within an area covered by a valid plat recorded prior to November 28,
1977, shall convey any such lots to any other person unless he first provides for such lots the
public improvements required by section 16.05.010 in the manner described in section
16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.025. Building permits restricted.
No building permit shall be issued for construction of a dwelling unit on an undeveloped lot
located within an area covered by a valid plat recorded prior to November 28, 1977, until the
owner thereof has provided for such lots the public improvements required by section 16.05.010
in the manner described in section 16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.030. Exceptions.
The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows:
1. Where the subdivider, owner, proprietor or developer owns not more than six
undeveloped lots located within an area covered by a valid plat recorded prior to the
effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not
apply.
2. Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys
all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and
16.01.025 shall not apply to such conveyances; however, all such restrictions shall
apply to the transferee of such lots.
3. Where the subdivider, owner, proprietor or developer of such undeveloped lots serves
upon the city manager written notice of his intent to convey or construct, and the city
manager certifies that the city cannot provide access to a particular public improvement
required by section 16.05.010 within six months after receipt of notice of such intent,
the subdivider, owner, proprietor or developer shall not be required to provide that
particular improvement prior to the lawful conveyance of such lot or prior to the
issuance of a building permit for the construction of a dwelling unit on such lot.
(Ord. 443, 1977; Ord. 610, 1988)
16.01.035 Administrative official.
The City Manager or his designee is hereby named as the administrative official
(hereinafter referred to as "administrative official") relating to all actions taken by the
Seward planning and zoning commission. The City Manager or his designee shall be
responsible for:
1.Interpreting and enforcing this title;
2.Maintaining records of all activity related to this title; and
Ordinance 2024-008
67
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 5 of 9
3. Processing appeals consistent with this title.
16.01.040 Planning and zoning commission.
The Seward planning and zoning commission (hereinafter referred to as "commission")
as established in section 2.30.210 is the body created to assist in the interpretation of this title.
Chapter 16.05. Improvements
Chapter 16.05. Improvements 2
16.05.010. Required public improvements.
The term "required public improvements" shall mean the following:
1. Streets. All streets located within a subdivision subject to the requirements of this title
shall be not less than 50 feet in width and shall be gravel-surfaced according to city
specifications.
2. Telephone Communication and electric lines. All new telephone communication and
electric lines shall be installed underground, unless found to be impractical by the city
planning and zoning commission and affirmed by the city council, and in accordance
with specifications of the appropriate utility companies and the city.
3. Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by
the city council. Fire hydrants shall be provided to standards established by the
American Waterworks Association and shall be a brand specified by the city. The
subdivider shall not be required to drill individual wells.
4. Sewer system. Where the city sewer system will service the area covered by the plat or
proposed plat, the subdivider shall provide the sewer system in compliance with all
applicable state and federal health and environmental laws and regulations.
5. Street lighting. Street lighting shall be installed in accordance with the requirements of
the city.
(Ord. 443, 1977; Ord. 610, 1988)16.05.015. Compliance procedure.
A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements
of this title when he has entered into the subdivision agreement with the city. The
subdivision agreement shall be written to cover one or a combination of the following
alternatives available to the subdivider:
2See Sec. 14.15.535 as to electric service extensions to subdivisions.
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1. The subdivider may elect to complete all required public improvements prior to
approval and recording of the final plat or prior to sale or issuance of a building permit,
as the case may be. If this is done, the subdivision agreement, delineating the
construction and inspection requirements for each improvement, shall be entered into
prior to commencement of construction.
2. The subdivider may elect to complete required improvements after approval and
recording of the final plat, the conveyance or the issuance of the building permit. In
this event, the subdivision agreement shall delineate:
a. The construction and inspection requirements of the appropriate governmental agency
or city department concerning the required improvements;
b. The time schedule for completion of required improvements;
c. A method of insuring that such improvements shall be completed to the specifications
required and in the time schedule agreed upon.
3. The subdivider may elect to form a special assessment district prior to any sales,
obligating all property owners in the subdivision to assume the costs of all required
public improvements not previously installed.
B. The improvements required under the terms of the subdivision agreement shall be fully
completed within three years of the date of execution of the agreement, except if a special
assessment district has been formed, in which case improvements will be installed when a
sufficient demand is made of the city.
C. The subdivision agreement shall provide for the apportionment of the costs of required
public improvements between the city and the subdivider as provided in the special
assessment district or as follows:
1. Administrative and recording costs relating to public improvements guarantees. The
subdivider shall pay 100 percent of all costs incurred in supplying and administering
any method of public improvement guarantees provided for in subsection (d) of this
section;
2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs
relating to any inspection, surveillance and testing by the city necessary for final
acceptance of any required public improvement. Costs of inspection, surveillance and
testing shall be established in advance between the developer and the city upon the
developer's request;
3. Streets. The subdivider shall pay 100 percent of the cost of streets within the
boundaries of the subdivision;
4. Water improvements. The subdivider shall pay 100 percent of the cost of all water
facilities constructed within the subdivision;
5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system
installed within the subdivision;
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6. Electric and telephone. The subdivider shall pay 100 percent of the cost of installing
electric lines with cost participation as provided in the current approved tariffs of the
telephone company serving the subdivision;
7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting
apparatus.
D. To assure the installation of required public improvements which are not accepted at the
time the final plat is filed, the subdivision agreement shall require the subdivider to
guarantee the completion of all such improvements by one or more of the methods specified
below. The means of a guarantee may be changed during the guarantee period through a
written modification of the agreement. The amount of guarantee shall be determined on the
basis of the subdivider's cost estimate. The guarantee shall remain in effect until final
acceptance of the required public improvements. The engineer's cost estimate shall state the
estimated cost of completion for each required public improvement. Cost estimates for each
required public improvement must be approved by the city manager. For purposes of
establishing the amount necessary for the guarantee of completion of public improvements,
a percentage for overrun allowance shall be added to the total estimated cost of public
improvements as follows:
Total Estimated Cost of Improvements Percentage of Overrun Allowance
$0.00 to $500,000.00 20%
$500,001.00 to $1,000,000.00 15%
$1,000,001.00 and over 10%
E. The subdivision agreement shall include one or more of the following methods to guarantee
the construction of required public improvements:
1. Performance bond. The subdivider may elect to provide a surety bond from a company
authorized to do business in the state. The bond shall be in an amount equal to the
estimated cost of all required public improvements plus an overrun allowance as
provided above. The bond shall be payable to the city in the event that any required
public improvements are not finally accepted in accordance with the provisions of this
subdivision agreement and shall be posted by no person other than the subdivider.
2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the
estimated cost of all required public improvements, plus overrun allowances as
provided above, either with the city or in escrow with a responsible financial institution
authorized to do business in the state. In case of an escrow account, the subdivider
shall file with the city an escrow agreement which includes the following terms:
a. Funds of the escrow account shall be held in trust until released by the city and may
not be used or pledged by the subdivider as security in any matter during that time other
than payment for the improvements. The funds may be used for payment of
improvements as made, except that the escrow holder shall withhold from disbursement
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so much of the funds as is estimated to be necessary to complete the construction and
installation of such improvements, plus an overrun allowance as provided above.
b. In the case of a failure on the part of the subdivider to complete any improvement
within the required time period, the institution shall immediately make all funds in the
account available to the city for use in the completion of those improvements.
3. Letter of credit. The subdivider may elect to provide from a bank or other responsible
financial institution authorized to do such business in Alaska, an irrevocable letter of
credit. Such letter shall be filed with the city and shall certify the following:
a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost
of all required public improvements plus overrun allowances as provided above for the
completion of all such improvements;
b. That in case of failure on the part of the subdivider to complete any specified
improvements within the required time period, the creditor shall pay to the city
immediately, and without further action, such funds as are necessary to finance the
completion of those improvements up to the limit of credit stated in the letter.
(4) Special assessment district. The subdivider may elect to pay all required assessments
levied against the property for the installation of public improvements. The city shall
make every reasonable effort to obtain all grant money available for financing of the
public improvements.
(Ord. 443, 1977; Ord. 610, 1988)
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
13th day of May 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Kris Peck
City Clerk
(City Seal)
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Subdivision Agreement – Non DRP Page 1 of 20
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664
STANDARD SUBDIVISION AGREEMENT
THE CITY OF SEWARD (hereinafter the "City"), an Alaska home rule city, and _____________,
(hereinafter the "Developer"), enter into the following Agreement this __________ day of ______, 2023.
_________________, executes this Agreement on behalf of the Developer _______________________
warrants that they have authority to execute this Agreement on behalf of the Developer. The parties to
this Agreement shall accept notices at the following addresses and telephone numbers:
OWNER/DEVELOPER CITY
____________________ City Manager
____________________ City of Seward
____________________ P.O. 167: 410 Adams Streets
________________ Seward, Alaska 99664
WHEREAS, Title 16, Chapter 16.05 , of the Seward City Code specifies certain improvements that must
be provided by the sub divider, owner, proprietor or developer (collectively referred to in this Agreement
as “Developer”) prior to conveying platted lots to any other person; and
WHEREAS, such lots must be provided with streets, communication and electric lines, water systems,
sewer systems and street lighting, (SCC § 16.05.010); and
WHEREAS, no building permit may be issued for construction of a dwelling unit on a platted lot until the
owner thereof has provided the required improvements for such lots (SCC § 16.01.025); and
WHEREAS, The Developer seeks the City's agreement to enter into a Contract to construct and install the
improvements described in Article IV of this Agreement in accordance with all the terms, covenants and
conditions of this Agreement, described in Articles I through IV.
NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties
agree as follows:
1. Property Subject to Agreement*. The real property which is the subject of this Agreement
(hereinafter the "Property") is located in the City of Seward and is described as:
________________________ Subdivision according to Plat No ________, recorded on __________ in
the records of the Seward Recording District, Third Judicial District, State of Alaska.
*If Plat has not been finalized, a copy of the preliminary plat shall be provided as Exhibit D. Please
indicate the date of approval by the Seward Planning and Zoning Commission: _________________.
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2. Estimated Cost of Improvements. The Developer shall construct and install the following
improvements in accordance with the standards described herein at the estimated costs set forth
below:
Streets $________ Electrical $________
Sidewalks $________ Survey Monumentation $________
Drainage Plan $________ Street lighting $________
Sanitary sewer $________ Water $________
Traffic control devices $________
Communications $________ Other: $________
The Developer estimates the total cost of the improvements to be:
ARTICLE I
GENERAL PROVISIONS
1.01 APPLICATION OF ARTICLE
Unless this Agreement expressly provides otherwise, all provisions of this article apply to every
part of this Agreement.
1.02 PERMITS, LAWS, AND TAXES
The Developer shall acquire and maintain in good standing all permits, licenses, platting
approvals and other entitlements necessary to its performance under this Agreement. All actions
taken by the Developer under this Agreement shall comply with all applicable permits, licenses,
statutes, ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its
performance under this Agreement.
1.03 RELATIONSHIP OF PARTIES
Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, the
Developer's Engineer, or any contractor or subcontractor of the Developer, be deemed an agent,
employee, or partner of the City, or otherwise associated with the City other than, in the case of
Developer, as an independent contractor of the City. The Developer and its contractors and
subcontractors shall not represent themselves to be agents, employees, or partners of the City, or
otherwise associated with the City other than, in the case of the Developer, as an independent
contractor of the City. The Developer shall notify all its contractors and subcontractors of the
provisions of this section.
1.04 DEVELOPER'S RESPONSIBILITY
The Developer shall be solely responsible for the faithful performance of all terms, covenants,
and conditions of this Agreement, notwithstanding the Developer's delegation to another of the
actual performance of any term, covenant, or conditions hereof.
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1.05 ALLOCATION OF LIABILITY
The Developer shall defend, indemnify and hold the City harmless from any claim, action, or
demand arising from any act or omission of the Developer, its agents, employees, or contractors
related to this Agreement . The liability assumed by the Developer pursuant to this section
includes, but is not limited to claims for labor and materials furnished for the construction of the
improvements.
1.06 DISCLAIMER OF WARRANTY
Notwithstanding this Agreement or any action taken by any person hereunder, neither the City
nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or
merchantability of a property, plan, design, material, workmanship, or structure related to this
Agreement for any purpose.
1.07 NON-DISCRIMINATION
A. In performing its obligations under this Agreement, the Developer shall not discriminate
against any person on the basis of race, creed, color, national origin, gender, marital
status, or age.
B. In selling property or improvements in the subdivision, the Developer shall not
discriminate against any person on the basis of race, creed, color, national origin, gender,
marital status, or age.
1.08 COST OF DOCUMENTS
All plans, reports, drawings, or other documents that this Agreement requires the Developer to
provide the City shall be furnished at the Developer's expense.
1.09 PUBLIC UTILITIES
A. Any public utility service contemplated by this Agreement need be provided only to areas
where the service is allowed by the Regulatory Commission of Alaska and applicable
law. All utility service shall conform to the rules, regulations, and tariffs of the
Regulatory Commission of Alaska and the City of Seward to the extent they may apply.
B. If the Regulatory Commission of Alaska disallows any utility service by the City of any
utility following execution of this Agreement, the provisions of the disallowed service
shall be deleted from the requirements of this Agreement without affecting any other part
hereof. The disallowance shall not be grounds for any claim, action, or demand against
the City.
1.10 TIME IS OF THE ESSENCE
Unless otherwise expressly provided herein, time is of the essence of each and every term,
covenant, and condition of this Agreement.
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1.11 ASSIGNMENTS
A.Except insofar as subsection B of this section specifically permits assignments, any
assignment by the Developer of its interest in any part of this Agreement or any
delegation of duties under this Agreement shall be void, and any attempt by the
Developer to assign any part of its interest or delegate any duty under this Agreement
shall constitute a default entitling the City to invoke any remedy available to it under
Section 1.13. Permitted assignment shall not release the Developer from any obligation
or liability under this Agreement.
B.The Developer may assign its interest or delegate its duties under this Agreement:
1. To contractors and subcontractors, subject to Section 1.05; or
2. As expressly permitted in writing by the City.
1.12 DEFAULT - CITY'S REMEDIES
A.The City may declare the Developer to be in default:
1.If the Developer is adjudged a bankrupt, makes a general assignment for the
benefit of creditors, suffers a receiver to be appointed on account of insolvency,
takes advantage of any Law for the benefit of insolvent debtors; or
2. If the Developer has failed to perform its obligations under this Agreement,
provided the City gives the Developer notice of the failure to perform and the
Developer fails to correct the failure within thirty (30) days of receiving the
notice; or if the failure requires more than thirty (30) days to cure, the Developer
fails within thirty (30) days of receiving the notice to commence and proceed
with diligence to cure the failure.
B.Upon a declaration of default, the City may do any one or more of the following:
1.Terminate the Agreement without liability for any obligation maturing
subsequent to the date of the termination.
2. Perform any act required of the Developer under this Agreement, including
constructing all or any part of the improvements after giving seven (7) days
notice in writing to the Developer. The Developer shall be liable to the City for
any costs thus incurred. The City may deduct any costs incurred from any
payments then or thereafter due the Developer from the City whether under this
Agreement or otherwise.
3. Exercise its rights under any provision of this Agreement, or any bond or
performance or warranty guaranty securing the Developer's obligations under this
Agreement.
4. Pursue any appropriate judicial remedy, including but not limited to an action for
injunction and civil penalties.
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1.13 NON-WAIVER
The failure of the City at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any
part hereof, or the right of the City thereafter to enforce each and every provision hereof.
1.14 INTERPRETATION
A. Each document incorporated by reference herein is an essential part of this Agreement,
and any requirement, duty, or obligation stated in one document is as binding as if stated
in all. All documents shall be construed to operate in a complementary manner and to
provide for a complete project.
B. If the terms of any of the documents and amendments thereto comprising this Agreement
conflict, the conflict shall be resolved by giving the conflicting documents and
amendments thereto the following order of preference:
1. Documents or sections titled "Special Provisions."
2. Article II of this Agreement titled "Improvement Construction Standards and
Procedures," and Article III of this Agreement titled "Acceptance of
Improvements."
3. Article I of this Agreement titled "General Provisions."
4. Documents incorporated under any Article of this Agreement.
5. Article IV of this Agreement titled "Improvement Requirements."
6. Any other document incorporated by reference herein.
1.15 EFFECT OF STANDARD SPECIFICATIONS
Applicable platting, subdivision and land use ordinances of any local authority, and the Kenai
Peninsula Borough Road Standards are incorporated by reference herein as minimum standards
for performance under this Agreement, except where this Agreement specifically provides
otherwise.
1.16 AMENDMENT
The parties may amend this Agreement only by written agreement, signed by all parties which
shall be attached as an appendix hereto.
1.17 JURISDICTION - CHOICE OF LAW
Any civil action arising from this Agreement shall be brought in the Superior Court for the Third
Judicial District of the State of Alaska at Anchorage. The laws of the State of Alaska and the
City of Seward and the Kenai Peninsula Borough shall govern the rights and duties of the parties
under this Agreement
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1.18 SEVERABILITY
Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a
court of competent jurisdiction shall be ineffective to the extent of such invalidity without
invalidating the remaining provisions of the Agreement.
1.20 INTEGRATION
This instrument, and any writings incorporated by reference herein, embody the entire agreement
of the parties. This Agreement shall supersede all previous communications, representations, or
agreements, whether oral or written, between the parties hereto.
1.21 DEFINITIONS
Unless this Agreement expressly provides otherwise, the following definitions shall apply herein:
A. "Improvements" means all work which the Developer is required to perform by this
Agreement.
B. "City Improvements" means improvements which are to be dedicated to the City, or
which are to be operated and controlled by a City owned utility.
C. "City," for the purpose of administering this Agreement, means the City Manager for the
City of Seward, or his designee.
D. "Acceptance" by the City means a determination that an improvement meets minimum
standards and does not refer to accepting a dedication of the improvement by the
Developer.
ARTICLE II
IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES
2.01 RECORDING OF FINAL PLAT
Developer shall be solely responsible for all platting of the property in compliance with
ordinances of the Kenai Peninsula Borough and the City of Seward.
2.02 PREREQUISITES TO CONSTRUCTION
The Developer shall not obtain permits for the construction of improvements or commence the
construction of improvements until the requirements of Sections 2.03 through 2.07 have been
met.
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2.03 PLANS AND SPECIFICATIONS
A. Attached as Exhibits A, B, and C, are all of Developer's plans and specifications
pertaining to the construction of the improvements, including stamped engineer drawings,
submitted for the City's approval.
B. If the City or a governmental entity or agency requires soil tests, or other tests pertaining
to the design of improvements, the Developer shall submit reports of the test results with
the plans and specifications.
C. The City shall approve the plans and specifications as submitted, or indicate to the
Developer how it may modify them to secure approval.
2.04 QUALITY CONTROL PROGRAM
A. The Developer shall submit to the City, in such form as the City may specify, a quality
control program for the construction of the improvements.
B. The quality control program shall provide sufficient inspection and test procedures to
determine compliance with all applicable plans, specifications, and safety requirements.
The program shall include at least the following:
1. The frequency and type of all tests to be performed.
2. A list of all persons who will perform tests and inspections.
3. Procedures for coordinating testing and inspections with the City and for
providing advance notice to the City of all inspections and tests which the City
may witness.
4. Procedures for reporting quality control activities, including discoveries of
deficiencies in the work.
2.05 WORK SCHEDULE
A. Attached as Exhibit C is a work schedule submitted by the Developer.
B. The work schedule shall include a progress chart of a suitable scale, indicating the
approximate percentage of work scheduled for completion at any given time. For each
improvement, the schedule shall indicate starting and completion dates for the following:
1. Clearing, grubbing, and removal of overburden.
2. Excavation, installation, backfill, and compaction for each utility to be installed
by the Developer.
3. Excavation, backfill, and compaction for street facilities other than paving.
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2.06 MATERIALS
A. The Developer shall submit, in such form as the City may specify, detailed information
concerning all materials and equipment it proposes to incorporate into an improvement.
B. Upon the City's request, the Developer shall submit samples of materials or equipment it
proposes to incorporate into an improvement.
2.07 LIABILITY INSURANCE
The Developer shall provide proof that it has acquired the insurance required by the City of
Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired
such insurance, naming the Developer as an insured. [Insurance Broker to provide details.]
2.08 GENERAL STANDARD OF WORKMANSHIP
A. The Developer shall construct all improvements in accordance with plans, specifications,
and contracts approved by the City, and with the terms, covenants, and conditions of this
Agreement. The Developer shall not incorporate any material or equipment into an
improvement unless the City has approved its use. Unless the City specifically agrees
otherwise in writing, all materials, supplies, and equipment incorporated into an
improvement shall be new.
B. If during the course of construction conditions appear which in the exercise of
reasonable engineering judgment require a modification of, or substitution for, approved
materials, equipment, plans, specifications, or contracts to meet a higher standard of
performance, the Developer shall make the modifications or substitution. All such
substitution shall be approved by the City.
C. The Developer shall construct all facilities in the subdivision not otherwise subject to this
Agreement in accordance with applicable statutes, ordinances, and specifications.
2.09 PLACEMENT OF UTILITIES
The Developer shall place all utilities underground, except where this requirement is specifically
waived under Article IV of this Agreement.
2.10 WORK IN RIGHT-OF-WAY
The Developer shall comply with all ordinances and secure all necessary permits and
authorizations pertaining to work in public rights-of-way. The Developer shall coordinate and
supervise the installation and construction of all utility improvements, including those not
otherwise covered by this Agreement, in a manner that will prevent delays in City construction or
other damage to the City and that will permit the City to properly schedule work that it will
perform.
2.11 SURVEYOR
All surveys required for the completion of improvements under this Agreement shall be made by
a person registered as a professional land surveyor under the Laws of the State of Alaska.
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2.12 REQUIRED REPORTING
A. Quality Control: The Developer shall submit to the City regularly and promptly written
reports describing the results of all tests and inspections required by the quality control
program and all other tests and inspections which the Developer may make.
B. Construction Progress: If actual progress indicates that the developer will not perform the
work as scheduled, the Developer shall prepare and submit a revised schedule for the
City's consideration.
C. Surveys: The Developer shall furnish promptly to the City copies of all surveys required
for the completion of the improvements.
D. Express or implied approval by the City of any report or inspection shall not authorize
any deviation from approved plans and specifications or from the terms of this
Agreement.
2.13 PROGRESS PAYMENTS
The Developer shall pay its contractors all contract progress payments when due.
2.14 SURVEILLANCE
A. The City may monitor the progress of the work and the Developer's compliance with this
Agreement and perform any inspection or test which it deems necessary to determine
whether the work conforms to this Agreement.
B. If the Developer fails to notify the City of inspections, tests, and construction progress as
required by Section 2.17, the City may require, at the Developer's expense, retesting,
exposure of previous stages of construction, or any other steps which the City deems
necessary to determine whether the work conforms to this Agreement.
C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this
section are solely for the benefit of the City. The City does not undertake to test or
inspect the work for the benefit of the Developer or any other person.
2.15 STOP WORK ORDERS
A. If the City determines there is a substantial likelihood that the Developer will fail to
comply, or if the Developer does fail to comply with this Agreement, the City may stop
all further construction of improvements by posting a stop work order at the site of the
nonconforming construction and notifying the Developer or its engineer of the order.
B. A stop work order shall remain in effect until the City approves:
1. Arrangements made by the Developer to remedy the nonconformity; and
2. Assurances by the Developer that future nonconformities will not occur.
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C. The issuance of a stop work order under this section is solely for the benefit of the City.
The City does not undertake to supervise the work for the benefit of the Developer or any
other person. No suspension of work under this section shall be grounds for any action or
claim against the City or for an extension of time to perform the work.
D. The Developer shall include in all contracts for work to be performed, or materials to be
used under this Agreement, the following provision:
The City of Seward, pursuant to a Subdivision Agreement on file with the City Clerk and
incorporated by reference herein, has the authority to inspect all work or materials under
this contract and to stop work in the event that the work performed under this Agreement
fails to comply with any provision of the Subdivision Agreement. In the event that a stop
work order is issued by the City, the contractor shall immediately cease all work and
await further instructions from the Developer.
2.16 ACCESS
The City shall have access to all parts of the subdivision necessary or convenient for monitoring
the Developer's performance, inspecting, surveying, testing, or performing any other work.
2.17 MAINTENANCE
A. Until the City accepts the improvements, the Developer shall maintain all existing roads
within the subdivision that are necessary for access. For the purposes of this subsection,
existing roads are roads that physically exist, as distinguished from mere rights-of-ways
dedicated for road purposes.
B. The Developer shall repair or pay the cost of repairing damage to any improvement that
occurs prior to the City's acceptance of the improvements, except for damage caused
solely by the City, its agents, employees, or contractors. The Developer shall give
reasonable notice to the City before undertaking the repair of the damaged improvement.
2.18 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE
A. Before the City accepts the improvements, the City may enter upon, inspect, control, and
operate any improvement if the City determines that such action is necessary to protect
the public's health, safety, and welfare.
B. The action described in subsection A of this section shall not constitute the acceptance of
any improvement by the City, not shall the action affect in any way the Developer's
warranty under this Agreement.
2.19 TIME
A. All improvements required by this Agreement shall be completed in accordance with the
schedule contained in Section 2.05 and Exhibit C of this Agreement.
B. The Developer shall begin actual construction of improvements required under this
Agreement in accordance with the Developer's work schedule as approved by the City
and shall fully complete all required Improvements within 3 years from the date this
Agreement is signed except if a special assessment district has been formed.
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C. If the Developer is delayed by an act or omission of the City not otherwise authorized
under this Agreement, or by changes ordered in the work, labor disputes, fire, delays in
transportation, casualties, or other causes beyond the Developer's control, or by any cause
which the City in its discretion determines to be adequate to justify the delay, the time of
completion of construction under this Agreement may be extended for a reasonable time,
which shall be determined by the City. No extension shall be granted unless the
Developer gives notice in writing to the City within ten (10) days after the occurrence of
the cause for delay. In the case of a continuing delay, only one notice is required.
ARTICLE III
ACCEPTANCE OF IMPROVEMENTS
3.01 PREREQUISITES TO ACCEPTANCE
The City shall not accept the improvements until all the requirements of Sections 3.02 through
3.05 have been met. Improvements may be accepted in phases if agreed upon by both parties.
3.02 MONUMENTS AND AS-BUILTS DRAWINGS
A. Upon completing the improvements, the Developer shall replace lost lot corners and
monuments and shall monument the center lines of all required paved streets with
monuments of at least 30” of 5/8” rebar and 2” alcap at points of curvature, ends of
curvature, intersections, and centers of cu-de-sacs in accordance with this Agreement and
the terms of the City of Seward and Kenai Peninsula Borough code of ordinances and any
standards established thereunder, which are incorporated herein by reference.
B. No later than sixty (60) days after the final inspection and certification under Section 3.05
F, the Developer shall provide the City with one acceptable set of reproducible as-built
drawings for each improvement. The as-built drawings shall be certified by a
professional engineer registered under the laws of the State of Alaska to represent
accurately the improvements as actually constructed.
3.03 CERTIFICATE OF COMPLIANCE
The Developer shall furnish the City with a certificate of compliance for the work performed
under this Agreement.
3.04 CONVEYANCE OF EASEMENTS AND RIGHTS-OF-WAY TO CITY
The Developer shall convey to the City any easement, right-of-way, or other property interest
necessary to allow access to the City improvements to operate, maintain, or repair the City
improvements. The Developer may condition the conveyance upon the City's acceptance of the
improvements.
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3.05 INSPECTION
A. Upon receiving notice that the Developer has completed the improvements, the City shall
schedule inspections of the improvements. The City may inspect all improvements and
any other work in dedicated easements or rights-of-way.
B. A privately-owned utility may inspect any phase of work on an improvement of which it
is to assume control.
C. The City or appropriate privately-owned utility shall inform the Developer in writing of
any deficiencies in the work found in the course of its inspection.
D. The Developer shall, at its own expense, correct all deficiencies found by inspections
under subsection A or B of this section. Upon receiving notice that the deficiencies have
been corrected, the City or appropriate privately-owned utility shall reinspect the
improvements.
E. The City or appropriate privately-owned utility may continue to reinspect an
improvement until the Developer has corrected all deficiencies in the improvement.
F. After final inspection has revealed that all improvements and other work in dedicated
easements and rights-of-way meet City standards, and each privately-owned utility which
is to assume control of an improvement certifies that improvement or improvements are
acceptable to it, and the Developer has furnished the as-built drawings required by
Section 3.02 B, the City shall notify the Developer that all improvements have been
accepted.
3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS
A. The City's final acceptance of the City improvements constitutes a grant to the City of all
the Developer's right, title, and interest in and to the City improvements.
B. By accepting the City improvements under this Agreement, the City does not undertake
to maintain any such improvement, unless obligated to do so by applicable statute,
ordinance, regulation, or tariff.
3.07 DEVELOPER'S WARRANTY
A. The Developer shall warrant the design, construction materials, and workmanship of the
improvements against any failure or defect in design, construction, material, or
workmanship which is discovered no more than one year from the date the City notifies
the Developer of the acceptance of the improvements. This warranty shall cover all
direct and indirect costs of repair or replacement, and damage to the property,
improvements, or facilities of the City or any other person, caused by such failure or
defect or in the course of repairs thereof, and any increase in cost to the City of operating
and maintaining a City improvement resulting from such failures, defects, or damages.
B The Developer's warranty shall not extend to any failure or defect caused solely by
changes in design, construction, or materials required by the City
Ordinance 2024-008
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Subdivision Agreement – Non DRP Page 13 of 20
C. Except as provided in subsection B of this section, the fact that the City takes any action,
or omits to take any action authorized in this Agreement, including but not limited to
operation or routine maintenance of the improvements prior to acceptance, or
surveillance, inspections, review or approval of plans, tests, or reports, shall in no way
limit the scope of the Developer's warranty.
3.08 CITY'S REMEDIES UNDER WARRANTY
A. The City shall notify the Developer in writing upon its discovery of any failure or defect
covered by the warranty in Section 3.07. The City shall notify the Developer before
conducting any test or inspections to determine the cause of the failure or defect, and
shall notify the Developer of the results of all such tests and inspections.
B. The Developer shall correct any failure or defect covered by the warranty within thirty
(30) days of receiving notice of the failure or defect from the City. The Developer shall
correct the failure or defect at its own expense and to the satisfaction of the City.
C. If the Developer fails to correct the failure or defects within the time allowed by
subsection B of this section, the City may correct the failure or defect at the Developer's
expense. If the Developer fails to pay the City for the corrective work within thirty (30)
days of receiving the City's bill therefor, the City many pursue any remedy provided by
law or this Agreement to recover the cost of the corrective work.
3.09 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY
A. The City shall inspect the improvements at or before the end of the warranty period and
before releasing any performance guaranty or warranty guaranty in effect. The
Developer shall correct any failure or defect in the work revealed by the inspection as
required by Section 3.09.
B. On the Developer's satisfactory performance of all its obligations under this Agreement,
the City shall execute a written statement acknowledging such performance and shall
release any remaining security posted by the Developer under this Agreement.
ARTICLE IV
IMPROVEMENT REQUIREMENTS
4.01 IMPROVEMENTS REQUIRED
A. It is the intent of the City and Developer to provide for the orderly development of the
property and to protect the investment of subsequent owners of the lots.
B. Developer will pay 100% of all cost incurred for Administration, recording, inspection,
surveillance and testing required or necessary to complete the City improvements.
Ordinance 2024-008
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Subdivision Agreement – Non DRP Page 14 of 20
4.02 STREET, ALLEYWAY, MONUMENTATION, WATERWAY, TRAFFIC CONTROL,
STREET LIGHTING, STREET NAME SIGNING AND DRAINAGE IMPROVEMENTS
A. All improvements to the property shall be provided and constructed in accordance with the
approved plat and the Kenai Peninsula Borough subdivision and other standards.
B. The City shall reimburse the Developer for its share, if any, for construction of improvements
only after receipt from the Developer of invoices for such work and further in accordance
with the provisions of Article III of this Agreement and the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
C. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for street facilities prior to any sales, obligating all property owners in the
subdivision to assume the costs of required streets not previously installed.
D. The streets for which the Developer is not entitled to any reimbursement are estimated to cost
$________ and include an additional 5’ to the existing right of way on 3 of the 4 edges of the
current lot.
E. The Developer is not entitled to reimbursement for the cost of any walkways. The estimated
cost of walkways is $_________. Walkways include:
F. If an erosion and/or sediment control plan is required the Developer will not be entitled to
any reimbursement for such facilities.
G. Drainage and waterway improvements shall be provided as necessary to the improvements
within the subdivision, as well as to accommodate lateral and upstream contribution, as well
as subsurface flows which are exposed during construction. There will be no reimbursement
to the Developer for the cost of drainage and waterway improvements. The estimated cost of
drainage and waterway improvements is $_________.
H. Traffic control devices, excluding electronically timed signals, shall be installed as directed
and/or approved by the Public Works Director. The cost of these improvements is not
reimbursable and is estimated to be $__________. Traffic control devices include:
I. Street lighting will be installed according to standards of the Seward Electric utility and as
approved by the City Electric Engineer. The cost of street lighting is not reimbursable and is
estimated to be $____________.
J. Monumentation shall be provided as shown on the approved Plat ________Subdivision. The
cost is not reimbursable and is estimated to be $____________.
K. Street name signs shall be provided at each intersection and equal the standards established in
the City of Seward. The cost of these improvements is not reimbursable and is estimated to
be $_____________.
4.03 SANITARY SEWER IMPROVEMENTS
Ordinance 2024-008
86
Subdivision Agreement – Non DRP Page 15 of 20
A. Sewer system improvements shall be designed and provided according to City of Seward
Standards and Specifications, in compliance with applicable codes, and as approved by
the Public Works Director and Alaska Department of Environmental Conservation to
service all lots within the subdivision. The outfall(s) of the system will be as directed by
the Public Works Director. There will be no reimbursement for any sewer system
improvements, except as noted below or in accordance with the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for sewer facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required sewer facilities not previously installed.
C. The non-reimbursable cost of sanitary sewer improvement is estimated to be
$__________.
4.04 WATER SYSTEM REQUIREMENTS
A. Water system improvements shall be provided and designed according to City of Seward
Standards and Specifications, in compliance with applicable codes and as approved by
the Public Works Director and Alaska Department of Environmental Conservation.
Water service will be provided to all lots in the subdivision. Fire Hydrants shall be red in
color. Spacing and minimum flow shall be according to the Seward Fire Code in effect on
the date of construction. Hydrants shall have a minimum 4’ wide flat grade from the
street to the hydrant with appropriate bollards in place. The cost of improvements
necessary to serve the subdivision shall be borne by the Developer and the Developer is
not entitled to any reimbursement, except as noted below or by the terms of any
developer reimbursement agreement between City and Developer authorized by SCC
Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for water facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required water facilities not previously installed.
C. The cost of improvements required to serve the subdivision for which the sub-divider is
not entitled reimbursement is estimated to be $____________________.
4.05 ELECTRICAL FACILITIES
A. Electrical improvements shall be provided in accordance with an agreement with the
City, incorporated by reference herein. The total cost of the electrical system serving the
subdivision is estimated to be $___________________.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for electrical facilities prior to any sales, obligating all property
owners in the subdivision to assume the costs of required electrical facilities not
previously installed.
Ordinance 2024-008
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Subdivision Agreement – Non DRP Page 16 of 20
4.06 COMMUNICATIONS
Communications improvements shall be provided in accordance with an agreement with
_Telalaska, GCI, or other provider incorporated by reference herein. The total cost of the
communications system serving the subdivision is a nonreimbursable cost estimated to be
$___________.
The City and Developer agree to record a Subdivision Agreement Memorandum in the Seward Recording
District within 10 days of the effective date of this Agreement with a notice that the Agreement is
available for public inspection at the offices of the City Clerk. The Owner and Developer agree to
include the following Notice in all agreements for sale of lots:
The issuance of a Building Permit by the City of Seward for any of the following lots is subject to the
completion of public improvements to such lot in accordance with the Subdivision Agreement including
any amendments, the City Code, regulations, and other applicable law. The lots may be subject to special
assessments for certain improvements.
ARTICLE V
DEVELOPER GUARANTEE
5.01 Amount. The Developer shall provide one of the indicated guarantees in this Article in the
amount of _______________________________ thousand dollars within ten (10) business days
of the date this agreement is signed.
5.02 Form. The developer guarantee shall be in the form of [NOTE CITY AND DEVELOPER
AGREE ON ONE OF THE ALLOWED OPTIONS PRIOR TO SIGNING AGREEMENT
FORMAT THE FORM AGREEMENT TO USE A CHECK THE BOX METHOD]
A.Performance Bond. A surety bond from a company authorized to do business in Alaska for
the amount identified in paragraph 5.01 identifying Developer as the principal and the City as
obligee guaranteeing performance of all Developer’s obligations under this Agreement.
B.Deposit on Escrow. The Developer shall deposit in cash a sum in the amount identified in
paragraph 5.01 either with the City or in escrow with a responsible financial institution
authorized to do business in Alaska and provide City an escrow agreement which includes all
terms required by SCC 16.05.015( e)(2).
C.Letter of Credit. The Developer shall provide from a bank or other responsible financial
institution authorized to do business in Alaska an irrevocable letter of credit in the amount
identified in paragraph 5.01 containing the certifications required by SCC 16.05.015( e)(3).
Ordinance 2024-008
88
Subdivision Agreement – Non DRP Page 17 of 20
ARTICLE VI
DEVELOPER REPAYMENT (FOR DRP)
6.01 Grace Period. The developer has six months after the completion of the utility installation to pay
back the amount assessed to the properties without penalty.
6.02 Amount. The remaining balances after the six month grace period will be charged interest at
prime + 4% annual interest.
......................................................................................................................
IN WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above.
CITY OF SEWARD, ALASKA Developing Entity
BY: _____________________________ BY___________________________________
FName LName, City Manager FName LName, Principal
ATTEST:
________________________________
FName LName, City Clerk
Ordinance 2024-008
89
Subdivision Agreement – Non DRP Page 18 of 20
EXHIBIT A
Plans & Specifications (including stamped engineer drawings)
Ordinance 2024-008
90
Subdivision Agreement – Non DRP Page 19 of 20
EXHIBIT B
Plans and Specifications
(detailed information including materials and equipment)
Ordinance 2024-008
91
Subdivision Agreement – Non DRP Page 20 of 20
EXHIBIT C
Work Schedule
Ordinance 2024-008
92
Parking Signs at the Mt. Marathon Hiking Trailhead
Documents:
Memorandum
Attachments:
o 537 First Ave Property Map
o Graphic – Existing Parking Signs
o Graphic – Sign Type Examples
o Graphic – Sign Locations Examples
Unfinished Business
93
City Council Memorandum
Meeting Date:April 29, 2024
To:City Council
Through:Kat Sorensen, City Manager
From:Planning and Zoning Commission
Subject:Parking signs at the Mt Marathon Hiking Trail Head
Background and justification:
On April 2, 2024, the Planning and Zoning Commission approved RES 2024-009. This
Resolution addressed two rezone recommendations from the Municipal Lands Inventory and
Management Plan. One of those rezones was for 537 First Ave, which is the Mt Marathon Hiking
Trail head. The recommendation was to rezone the parcel from single-family residential to park.
Present at the meeting were the property owners of the lots adjacent to 537 First Ave. They were
all in favor of the rezone to park to preserve the current use of the property as a trail head and
emergency access to the Mt Marathon Hiking Trail.
However, they expressed the need for better signage in front of the trailhead prohibiting parking
on 537 First Avenue that blocked the emergency access. They also requested signs be placed on
the north and south sides of Monroe and First Avenue prohibiting parking directly on the corner
of the street that blocked the view of traffic.
The Commission added these recommendations from the public to RES 2024-009 in two
sections that state:
The Planning and Zoning Commission recommends the City Council approve upgrading the
signs at the trail head to a uniform height and larger size that say: “No Parking Emergency
Access Only” with red arrows pointing towards the center.
The Planning and Zoning Commission recommends the City Council approve adding two signs
on the north and south sides of Monroe and First Ave that say: “No Parking From Here to the
Corner”.
These recommendations from the Planning and Zoning Commission are being brought forward
to the CityCouncil in this memorandum for discussion and direction on how City Council would
like city administration to proceed.
Parking Signs
94
95
Existing Parking Signs at Trail Head
96
Sign Examples:
Prohibiting parking in front of trail head
Parking Signs
97
Sign Examples:
Prohibiting parking on street corners
Parking Signs
98
99
100
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
April 2, 2024 Volume 8, Page
CALL TO ORDER
The April 2, 2024, regular meeting of the Planning & Zoning Commission was called to order at
7:00 p.m. by Presiding Officer Carol Griswold
(Clerk’s Note- Due to lack of Chair and Vice Chair, Commissioner Griswold was selected to be
the Presiding Officer)
OPENING CEREMONY
Presiding Officer Carol Griswold led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Vanessa Verhey (Vice Chair)
Nathaniel Charbonneau
Brenan Hornseth
Sean Ulman
Carol Griswold (presiding)
Rhonda Hubbard
comprising a quorum of the Commission; and
Danny Meuninck, Community Development Director
Courtney Bringhurst, City Planner
Clara Brown, Executive Planning Assistant
Kris Peck, City Clerk
Excused – Verhey, Hubbard
Absent – None
Vacant – One
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT PUBLIC HEARINGS- None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Charbonneau/Hornseth) Approval of Agenda and Consent Agenda
Griswold requested Resolution 2024-009 be moved to the first public hearing to accommodate the
public in attendance. There was no objection from the commission.
Griswold requested Resolution 2024-007 be deleted from the agenda. There was no objection from
the commission.
Motion Passed Unanimous
101
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
April 2, 2024 Volume 8, Page
The clerk read the following approved consent agenda items:
Approve the February 6, 2024 Planning & Zoning Commission Meeting Minutes
SPECIAL ORDERS, PRESENTATION, AND REPORTS
Proclamations and Awards
Recognition of Clare Sullivan for her service on Planning and Zoning Commission was presented
by Commissioner Charboneau and received by Sullivan.
City Administration Report
Community Development Director Danny Mueninck thanked the commission for the double
header tonight with the work session and the meeting. He said newly appointed Commissioner
Hubbard would make her debut at the next work session. Vice Chair Verhey was currently taking
a leave of absence. Meuninck noted there were a lot of new staff and commissioners and there was
a lot to learn. He was looking into revising the P&Z Rules of Procedure manual which was last
updated in 2014. Meuninck also wanted to increase the public understanding of the applications
and processes of the Community Development office. He noted that three future P&Z meeting
nights would conflict with the Tuesday election dates in the latter half of 2024. Meuninck also
updated the commission on various grant opportunities, Comprehensive Plan, Municipal Land Use
Management Plan, new harbormaster building plans, port improvements, and future work session
topics.
Other Reports and Announcements - None
Presentations - None
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2024-009, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending City Council approval of the Land Use Amendment to rezone two city owned
properties located at 2301 Crabapple Street and 537 First Ave, to the recommended zoning stated
in the Municipal Lands Inventory and Management Plan
Motion (Charbonneau/Hornseth) Approve Resolution 2024-009
City Planner Courtney Bringhurst said 2301 Crabapple Street property was the location of the
north water tank and pumping facility. She noted there was an incorrect statement in the resolution
about the Conditional Use Permit requirement. There was a substitute version Resolution 2024-
009 that corrected the error. Bringhurst summarized the zoning recommendations from the
Municipal Lands Inventory and Management Plan. The second property referenced in this
resolution was the Mt. Marathon Hiking Trail trailhead. This parcel was currently zoned for single
family housing, and this rezone would officially zone the trailhead property as a park.
102
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
April 2, 2024 Volume 8, Page
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Sharyl Seese, inside city limits, said she was happy to hear the property at 537 First Ave would
be used exactly as it is now. Seese requested there be better signage for parking at the Mt. Marathon
hiking trailhead. Historically there had been several issues with parking in the area and many phone
calls to the police to come deal with enforcement. Seese also hoped there would be no parking
allowed on each corner of First and Monroe because it impacted visibility of traffic.
No one else appeared and the public hearing was closed.
Charbonneau said the Crabapple Street portion of the resolution made perfect sense. The First
Avenue portion of the resolution was carefully evaluated to make sure it would not be considered
illegal spot zoning.
Motion (Charbonneau/Hornseth) Approve Substitute Resolution 2024-009
Bringhurst explained the substitute version of the resolution. She said it corrected an error about
the Conditional Use Permit as well as clarified the recommendation for action to city council.
The substitute version of Resolution 2024-009 was amended to include:
Section 2. The Planning and Zoning Commission recommends the City Council approve
upgrading the signs at the trail head to a uniform height and larger size that say: “No
Parking Emergency Vehicle Access Only” with red arrows pointing towards the center.
Section 3. The Planning and Zoning Commission recommends the City Council approve
adding two signs on the north and south sides of Monroe and First Ave that say: “No Parking
From Here to the Corner.”
Main Motion As Amended Passed Unanimous
Resolution 2024-007, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending the City Council Amend Seward City Code 15.20 – Signs
[Resolution 2024-007 deleted from agenda]
Resolution 2024-008, of the Planning and Zoning Commission of the City of Seward, Alaska,
Recommending City Council approval of the Land Use Amendment to Rezone Fort Raymond
Subdivision, Replat No. 7, Lot 10A-2, Located at 905 Sea Lion Ave, from an Institutional (Ins)
Zoning District to an Auto Commercial (AC) Zoning District
Motion (Charbonneau/Ulman) Approve Resolution 2024-008
103
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
April 2, 2024 Volume 8, Page
City Planner Courtney Bringhurst said there was a small parcel that was still zoned institutional,
and it was surrounded by auto commercial zoning. She recommended the lot be rezoned to auto
commercial. She noted there was a substitute resolution as a laydown which recommended updates
to the Muni Land Plan and future land use maps.
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 (Charbonneau/Ulman) Approve Substitute Resolution 2024-008
Charbonneau said it was pretty straight forward clean up.
Main Motion Passed Unanimous
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolutions - None
Other New Business
Nominate and select a Chair
Motion (Charbonneau/Ulman) Nominate and Select Commissioner Carol
Griswold as Chair
Motion Passed Unanimous
Nominate and select a Vice Chair
Motion (Charbonneau/Ulman) Nominate and Select Commissioner
Brenan Hornseth as Vice Chair
Motion Passed Unanimous
Discuss work session topic for April 16, 2024
Bringhurst wanted to bring forward the deleted Resolution 2024-007 to the work session to make
corrections and revisions. The secondary topic would be further discussion on Title 16
Subdivisions.
INFORMATIONAL ITEMS AND REPORTS
Reminder of Meetings
Work session on April 16, 2024, at 6:00 p.m.
104
City of Seward, Alaska Planning & Zoning Commission Meeting Minutes
April 2, 2024 Volume 8, Page
Regular meeting on May 7, 2024, at 7:00 pm.
CITIZEN COMMENTS - None
COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Ulman thanked the citizens for their comments during the public hearing. He thanked the city staff
for setting up P&Z for success.
Charbonneau thanked administration for all their hard work. He thanked the newly appointed
commissioners for joining and congratulated the new chair and vice chair.
Hornseth thanked everyone for putting in the long hours for P&Z topics. He thanked the newly
selected chair.
Griswold thanked the public for the wonderful turnout of people and she appreciated their
comments. She thanked administration for the substitute resolutions which she felt were stronger
than the originals. Lastly, Griswold appreciated the very productive work session prior to the
meeting.
ADJOURNMENT
The meeting was adjourned at 7:57 p.m.
_____________________________ _________________________________
Kris Peck Carol Griswold
City Clerk Chair
(City Seal)
105
City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes
April 3, 2024 Volume 4, Page
CALL TO ORDER
The April 3, 2024, regular meeting of the Port and Commerce Advisory Board was called
to order at 12:00 p.m. by Chair Bruce Jaffa.
OPENING CEREMONY
City Clerk Kris Peck led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Bruce Jaffa, presiding, and Benjamin Smith
Dwayne Atwood Tom Miller
Melissa Schutter
comprising a quorum of the Board; and
Nancy Hulbert, Harbor Office Manager
Kris Peck, City Clerk
Jodi Kurtz, Deputy City Clerk
Excused – Miller
Absent – None
Vacant – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Rick Weaver, outside city limits, commented about the lease agreement and replat
regarding JAG Alaska. Weaver spoke to expanding the shipyard and increasing JAG’s capabilities.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Atwood/Schutter) Approval of Agenda and Consent Agenda
City Clerk Kris Peck noted that Rick Weaver would give the JAG presentation on housing
in place of Tim Jagielski.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approve the March 6, 2024 Port and Commerce Advisory Board Meeting Minutes.
SPECIAL ORDERS, PRESENTATION, AND REPORTS
106
City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes
April 3, 2024 Volume 4, Page
Proclamations and Awards – None
Other Reports and Announcements - None
Alaska Railroad Report
Seward Port Manager Dwayne Atwood referred to his report in the packet. He updated
PACAB on the Coastal Classic train schedule for 2024. Atwood also provided an update on the
cargo ships and pipe ships that would be arriving in Seward.
Presentations
Nicole Lawrence [Seward Properties] gave a presentation on housing.
Rick Weaver [JAG] gave a presentation on housing.
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolution 2024-001, Adopting the Seward Marine Industrial Center Development Plan As
Updated in November 2022
Motion (Jaffa/Atwood) Approve Resolution 2024-001
Schutter confirmed that SMIC development plan did not include JAG property.
Motion Passed Unanimous
Other New Business
Discuss Housing Presentations
Jaffa would like to keep housing in the public eye and expressed interest in having a joint
work session with Planning & Zoning to collaborate on ideas. Jaffa would like to continue to bring
in professionals and experts in the housing industry to present at PACAB.
Atwood was curious about building height, zoning, and how to provide input to the
building officials.
INFORMATIONAL ITEMS AND REPORTS
Reminder of Meetings
Work Session on April 17, 2024
Regular Meeting on May 1, 2024
107
City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes
April 3, 2024 Volume 4, Page
CITIZEN COMMENTS
Becky Dunn, inside city limits, agreed that a joint work session with PACAB and P & Z
would be beneficial for housing issues. Dunn addressed three-storied buildings in town and the
issues with the fire department’s ladder truck. Dunn said the threshold for housing income should
be raised. Lastly, Dunn praised the community of Moose Pass for providing the space to get dogs
and cats spayed and neutered.
Rick Weaver, outside city limits, spoke about the Sockeye Point expansion project.
Weaver stated that JAG could service every Navy or US Coast Guard vessel due to Seward having
a deep water, ice-free port. Weaver also mentioned that JAG had projects planned with a crane
service, but they were waiting for a response from the city.
BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Hulbert said she would talk with harbor staff and get a response for Rick Weaver on his
JAG projects.
Schutter mentioned the two great presentations on housing and economic development.
Schutter was shocked, but not surprised by the income needed to afford a house. She noted that
very few people in Seward made that kind of money.
Atwood said it was a great meeting and great presentations. Atwood noted that Seward
was on the cusp of a lot of big developments. Atwood predicted there would be a lot of big topics
to discuss in the near future.
Smith echoed Atwood’s comments. Smith looked up the Seward population and it had
been fairly stable since the 1950s. Smith commented on the housing issues, current interest rates,
and how it’s more affordable to rent a house than buy a house.
Jaffa noted several big projects that were slated for Seward. He felt PACAB could continue
to help find solutions to the housing issue. Jaffa reported that the PACAB Heat Loop Ad Hoc
Committee had a trainer at AVTEC. He spoke on the ad hoc committee’s progress for obtaining
grants and said there was competition with 11 other communities. Lastly, Jaffa praised Senator
Lisa Murkowski and her support for Alaska and noted she was visiting Seward today.
ADJOURNMENT
The meeting was adjourned at 1:30 p.m.
___________________ ____________________
Jodi Kurtz Bruce Jaffa
Deputy City Clerk Chair
(City Seal)
108
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Apr 28 29 30 May 1 2 3 4
12:00pm PACAB
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7:00pm P&Z
Meeting
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7:00pm CC Mtg
(Council
Chambers)
12:00pm PACAB
WS
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
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6:00pm P&Z
Work Session
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Chambers)
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Memorial Day 7:00pm CC Mtg
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July 2024June 2024
May 26 27 28 29 30 31 Jun 1
2 3 4 5 6 7 8
7:00pm P&Z
Meeting
9 10 11 12 13 14 15
7:00pm CC Mtg
(Council
Chambers)
16 17 18 19 20 21 22
6:00pm P&Z
Work Session
(Council
Chambers)
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
Museum (239
23 24 25 26 27 28 29
7:00pm CC Mtg
(Chambers)
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August 2024July 2024
Jun 30 Jul 1 2 3 4 5 6
7:00pm P&Z
Meeting
4th of July
7 8 9 10 11 12 13
7:00pm CC Mtg
(Council
Chambers)
14 15 16 17 18 19 20
6:00pm P&Z
Work Session
(Council
Chambers)
2:00pm PACAB
Ad Hoc Heat
Loop Mtg
(Seward
Community
Library &
Museum (239
6th Ave,
21 22 23 24 25 26 27
7:00pm CC Mtg
(Chambers)
28 29 30 31 Aug 1 2 3
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
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