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Home My WebLink About01272025 City Council PacketSeward City Council Agenda Packet Photo by Kris Peck Monday, January 27, 2025 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 kintual All-Amenca City 11 1111 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 Randy Wells Council Member Kevin Finch Council Member Robert Barnwell Council Member Julie Crites Council Member Casie Warner City Manager Kat Sorensen Deputy City Manager Jason Bickling City Clerk Kris Peck City Attorney Sam Severin Monday, January 27, 2025 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 — None B. City Manager Report .5 C. City Clerk Report .13 D. City Attorney Report — None E. Other Reports and Announcements — None F. Presentations — None 7. CONSENT AGENDA (also marked with an asterisk *) A. Minutes of Preceding Meeting 1)* Approval of the January 13, 2025 City Council Meeting Minutes 14 B. Introduction of Ordinances — None C. Resolutions 1)* Resolution 2025-012: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Property Located at 237 & 235 Fourth Ave, Creating the Kawabe Park Replat 20 City Council Meeting Agenda January 27, 2025 1 1 P a g e 2)* Resolution 2025-013: Supporting Full Funding for the State of Alaska Municipal Harbor Facility Grant Program in the FY26 State Capital Budget 30 3)* Resolution 2025-014: In Support of Raising the Maximum Available Alaska Department of Transportation Harbor Facility Grant to $7,500,000 for Eligible Projects on an Annual Basis 35 4)* Resolution 2025-015: Adopting an Alternative Allocation Method for the FY25 Shared Fisheries Business Tax Program, and Certifying this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program 40 5)* Resolution 2025-016: Accepting $45,732,040 in Grant Funds from the U.S. Environmental Protection Agency Clean Ports Grant Program for the Implementation of Shore Power at the Seward Cruise Ship Terminal, and Appropriating the Funds According to the Budget Laid Out in the Grant Narrative 60 D. Other Items 1)* No grounds for protest to the renewal of the liquor license for Gateway Hotel 112 2)* No grounds for protest to the renewal of the liquor license for Oaken Keg .117 8. PUBLIC HEARINGS (Public hearing comments are limited to five minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one minute.) A. Ordinances for Enactment — None B. Resolutions Requiring Public Hearing 1) Resolution 2025-007: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Property Located at 3207 Sorrel Road, Creating the Spring Creek Park Replat 122 2) Resolution 2025-008: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Properties Located At 3207, 3311, & 3314 Sorrel Road, Creating the Fourth of July Beach Park Replat 145 9. UNFINISHED BUSINESS — None 10. NEW BUSINESS A. Ordinances for Introduction — None B. Resolutions 1) Resolution 2025-009: Authorizing the City Manager to Purchase a 2026 International Dump Truck and Accessories for the Public Works Department for an Amount Not to Exceed $190,000 165 City Council Meeting Agenda January 27, 2025 2 1 P a g e 2) Resolution 2025-010: Rejecting All Proposals for the Northeast Harbor Upgrades Project ...171 3) Resolution 2025-011: Authorizing the City Manager to Execute Task Order 2734.34 with R&M Engineering for the Harbormaster Building and Uplands Scoping and Conceptual Design in an Amount Not to Exceed $95,530 and Appropriating Funds .177 C. Other New Business 1) Discuss updates to the council agenda format as it appears in city code [Sponsored by the City Clerk] .188 2) Receive Council feedback on allowing one member of the Planning & Zoning Commission to live outside Seward City Limits if they live in the greater Seward area and own and operate a business on their property inside city limits [Sponsored by the Community Development] 191 11. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Boards and Commissions Minutes 1) PACAB minutes from December 4, 2024 192 B. Other Items 1) Upcoming City Council Meetings a. Work Session Monday, February 10, 2025 at 6:00 p.m. Topic: Design and engineering for the Seward Fire Station 196 b. Monday, February 10, 2025 at 7:00 p.m. Regular Meeting 2) The Washington Report .197 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five minutes per speaker.) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION — None 15. ADJOURNMENT City Council Meeting Agenda January 27, 2025 3 1 P a g e CMR January 27, 2025 City Manager Report Administration Hey all, I will not be in attendance at the January 27 meeting as I travel to Vancouver, Canada for the annual Cruise Line Industry's Pacific Northwest Conference. As a coastal cruise port community in Alaska, Seward plays a critical role in the state's cruise economy. Attending this conference allows me to engage directly with cruise line representatives, stay informed about industry developments, and advocate for our community's unique interests and needs. Topics such as sustainable tourism practices, infrastructure development, and strategies to community experiences will be addressed, all of which are directly relevant to Seward's continued success as a year- round community. Work is underway for the Clean Ports EPA grant. You will see a resolution on January 27 to accept and appropriate the funds. Then, we will be able to hire a project manager (using grant funds!) to take the lead on the project to ensure that it runs smoothly and within all the federal parameters. I am also excited to announce that our new Library Director, Jolanta Ryan, has started her position this month. Jolanta joins us from Skagway and moved to Seward with her family. Her past experience at the National Park Service in Skagway as well as the Haines Public Library will be a great addition to our community library. If you see Jolanta, say hi and welcome her to Seward! Some other highlights are below -- KPEDD: The Deputy City Manager attended the KPEDD Board Meeting on January 16. KPEDD has contracted with an economist (Andy Wink from Wink Research) to develop a significant source of demographic and economic information for the communities on the Kenai Peninsula and the Borough as a whole. We had a presentation and information preview from the work he is doing, and it contains some very valuable information that our community will be able to use. We will pass that information onto you when we receive it. Power Outage: On January 12, a significant snow, rain, and windstorm caused damage to the electric system, including one broken pole, trees impacting both transmission and distribution lines, and a distribution line brought to the ground by fallen trees. With the assistance of Sturgeon Electric and AK Tree Service, power was fully restored to all members by the morning of January 14. Over the course of the next few weeks, we will see the final costs of the outage and report them when available. Facilities Tour: Every couple of years administration facilitates council tours of all the city facilities. If anyone is interested in getting a tour, please let us know and we can organize a few day trips. This tour includes: Harbormaster's Office, Harbor and SMIC, Public Works — current facility/site of future facility, Electric Generation Facility, Fire Station, City Hall, Police Department, City Hall Annex Even if you have done the tour before, there are many ongoing projects, and it's good to re -familiarize yourself with those facilities. 5 CMR January 27, 2025 Fire Department • Emergency Responses for the Year 2025: 24 • Fire and Life Safety Inspections 2025: 13 with 15 violations noted • Deputy Fire Chief Katherine McCoy was presented with the 2024 State of Alaska Ken Akerley Leadership award on January 8 by the State Fire Marshal • Crews provided safety standby for the annual Polar Bear Jump on January 18 Community Development • The Planning & Zoning Commission will have three open seats on the Commission in February. You must live inside Seward city limits to serve on the Commission. Applications can be found here Planning and Zoning Commissioner Application and are due to the City Clerk's Office by end of business on Wednesday, February 19. If you want more information, stop by the Community Development Office or watch this Informational Session on what it means to serve on the Commission Community Development P&Z Informational Session • The Planning & Zoning Commission will hold a joint work session with City Council on Monday, January 27 at 5:30 p.m. in the Council Chambers. They plan to share their recent work and discussions on marijuana establishment regulations, building height, and accessory dwelling units. If time allows, they will also share their priorities for 2025. The goal of the joint work session is to get feedback from Council on those items before Planning & Zoning holds any official vote on code change recommendations. • And as a reminder, the City is in the process of updating the Seward Comprehensive Plan, which will contain the community's vision for Seward and guide its development in the coming years. As part of the beginning stage of this update process, we are gathering input from the community through four different surveys. Anyone can take the surveys, whether inside or outside city limits. All of the surveys will be open until May 31, 2025. This is a plan that reflects the community's vision and needs every voice, so please let yours be heard. Links for the four surveys can be found below. 6 CMR January 27, 2025 ❑ Vision: htt Es://survey123.arcgis.com/share/4c59d80d2c7d43a9b6e65082ae13e949 ❑ Quality of Life: https://survey123.arcgis.com/share/793a0540a7764506abf5d19c75c1488d ❑ Land Use: https://survey123.arcgis.com/share/11139b68b39e4310bc4fc3b2125e88c8 ❑ Economy: https://survey123.arcgis.com/share/1567669fe8064b2e979ee39e24a75b51 Public Works Alert: "Groundwater" flowing down Leirer Road • Many people have called us regarding water running down Leirer Road and across Port Ave. Although it appears to be a water line leak, it is really just ground water coming up through a telecommunication vault. This phenomenon happens at various times each year with high ground water in the area. As the groundwater level subsides, the flow of water pushing through this vault stops. There is a similar flow of water from another communications vault on the corner of Port Ave and Alameda Street. • Note: We appreciate calls from the public so we can check each location and rule out possible breaks in the water mains. 7 CMR January 27, 2025 • The Street Department is happy to finally be plowing snow. Like most residents, we've had enough rain for a while. Please watch out for the snowblower and dump trucks. If possible, turn off a block early and go around them. We are trying to clear the snow berms from the center of the roads asap for all drivers and hope to avoid dangerous situations when cars try to hurry past or around the equipment operators. Seward Parks and Recreation Department Sports & Recreation: • Staff member Adam Thomas has been leading a program in conjunction with the Alaska SeaLife Center. Family Ocean Adventures is a 5-part series taking place every other Monday from January to March (January 20 is the next installment). The first installment had 38 kiddos and parents there! We are excited to see what other ocean adventures occur during this series. • Beading and Winter Vibes was a lovely program led by Liz Marsh and Amanda Sweeting on the evening of January 9. We had about 10 participants crafting different types of jewelry and enjoying each other's company. • Nerf War was a massive success held at the library on the evening of January 9. We had 35 kids prepared for battle amongst the bookshelves. We had 8 participants battle five minutes at a time for 2 fun -filled hours. • Russ White and Zeke Churchill have been leading a fantastic Sports Camp for kids this week. It covers sports like racquetball, basketball, badminton, soccer and much more. We had 4 signups, and these kids are sure staying on their toes with their fabulous sports coaches. Family Ocean Adventures 8 CMR January 27, 2025 • We held our first ever Open Mic Bonfire at Two Lakes Park on the night of January 10. We were gifted with a decent weather window, with rain holding off on either side of it. We managed to host 5 different performers over the course of 2 hours. Teen Rec Room: • Teen Rec Room is now open! Hours Mon — Fri: 2 to 8 PM • Renovations look amazing and the open house was well attended. Campgrounds: • Campground online reservations are now open • Snow removal compliance is in effect • Intent to Bid out for Port -a -Potty services for summertime visitors Park Maintenance: • Snow removal • Teen Rec Room improvements: huge kudos to our Maintenance Dept for all their hard work making it possible for the Rec Room to open in a timely manner. • Indoor projects: refurbishing benches, picnic tables, etc. Parking: • Parking permits are now available online. Go to www.cityofseward.us/parking Administration: • Working on the SPRD Master Plan • Williams Park permanent restroom project • Looking at grants to improve the Two Lakes Trail • Held department staff in-service Thursday, January 16 totti 11040 Seward Harbor Department Small Boat Harbor Ron Marsh at Open Mic Bonfire at Two Lakes • Preliminary discussion and compiling information for MacSwain Associates to appraise 45 City owned lease sites. • No major issues have been reported within the Harbor area. 9 CMR January 27, 2025 • Half the Department has conducted the online portion and practicals to become certified in both CPR and First Aid and the second half will complete in the coming weeks as scheduling allows. • The last weather event added some additional duties for the Polar Bear Jump-off scheduled for Jan 18, 2025, but the event was very successful. • The Deputy Harbormaster will be representing the Harbor this year at the Seattle Boat Show that takes place the first week of February. • The Harbormaster will be attending the AAHPA Legislative fly -in the third week of February. The Association takes this opportunity to meet our respective representatives and discuss the needs of our Ports and Harbors. We will continue to advocate for the Harbor Facility Grant Program and in addition to that we are asking that the limit be raised from $5 million to $7.5 million. SMIC • I spent the day with the Coast Guard Design and Construction Center team member touring Seward and the Seward Marine Industrial Center on Jan 7, 2025. That was an enjoyable conversation discussing plans and possible alternatives for that project. • Vendors are scheduling work for the 2025 summer season for North Dock. We are expecting another busy year for that facility. Electric Department • Storm Response and Restoration Efforts: On January 12, a significant snow, rain, and windstorm caused damage to the electric system, including one broken pole, trees impacting both transmission and distribution lines, and a distribution line brought to the ground by fallen trees. With the assistance of Sturgeon Electric and AK Tree Service, power was fully restored to all members by the morning of January 14. • Vegetation Management Progress: AK Tree Service crews are actively performing routine vegetation management across the system, prioritizing the most critical areas. A significant portion of this work involves reclaiming rights -of -way where long-term vegetation growth has encroached on power lines. • Shore Power Project: The Electric Department is advancing the Shore Power Project for the Port. Efforts are underway to onboard an engineering firm and project manager to ensure the successful implementation of this critical project. • Power Sales Agreement Negotiations: Negotiations for a Power Sales Agreement between the City of Seward and Chugach 10 CMR January 27, 2025 Electric Association are progressing steadily. The agreement is expected to be finalized by mid -February, marking a significant milestone in securing long-term power resources. • Nash Road Phase Two Infrastructure Project: The design for Nash Road Phase Two infrastructure improvements has been completed by EPS. The next steps include procuring quotes for materials to advance this critical project towards construction. Police Department • The department has welcomed two new officers. Joseph Estrada comes to the department from here in Alaska. Chris Simmons comes to us from Missouri. Both are currently on patrol in field training, and we look forward to having them in the community. • Just as a friendly reminder, it is against the law to enter the roadway from a non - roadway (like a driveway, parking lot, alley, etc.) without stopping first. So please stop before darting out into traffic and take the time to check for pedestrians. 11 CMR January 27, 2025 Department City of Seward - Human Resources Manager Report Staffing Information # of lob Title Posi ions Filled Administration City Manager Deputy City Manager Human Resources Manager Executive Assistant TOTAL: Finance Director Deputy Finance Director Senior Accountant Accounting Technician III Accounting Technician II Accounting Technician Utilities Accounting Tech Payroll Accounting Tech Accounts Payable TOTAL: Public Works Director Street Foreman Maintenance Mechanic Public Works Technician Shoo Foreman Water and Wastewater Foreman Water and Wastewater Operator Building Maintenance Technician TOTAL: 3 1 Community Development Director Planner Fxecubve Assistant TOTAL: Electric Director Operations Supervisor Field Engineer Office Manager Electric Utility Cashier Lineman Plant Operator TOTAL: Fire Department Chief Deputy Chief Executive Assistant Building Official Fire Marshal Firefighter/EMT Seasonal - Summer Laborer TOTAL: Harbor Harbor Master Deputy Harbor Master Office Manager Executive Assistant Harbor Worker II Harbor Worker III Seasonal - Summer Laborer Part -lime Seasonal - Summer Laborer Full -Time TOTAL: 1 2 IT Director Senior IT Tech IT Technician TOTAL: Library Director Deputy Library Director Library Technician Curator Library Aide Seasonal - Aides TOTAL: Police Chief Deputy Chief Sergeant Patrol Officer Executive Assistant Corrections Sergeant Unfunded Corrections Officer Unfunded Corrections Officer Unfunded Dispatch Supervisor Dispatcher Animal Control Officer Animal Control Officer Assistant DMV Clerk TOTAL: 27 20 Parks & Recreation Director Deputy Director Executive Assistant Campground Coordinator Sports & Rec Manager Recreational Specialist Park Maintenance Supervisor Seasonal - Summer Seasonal - Winter 14 3 TOTAL: 24 6 City Clerk's Office City Clerk 1 Deputy CiN Clerk 1 Executive Assistant 1 TOTAL: 3 Total number of authorized positions: 126 Total number of filled positions: 102 12 2024 Requests Breakdown by Dept Building 6 City Attorney 0 City Clerk 6 City Manager 1 ComDev 9 Electric 4 Finance 35 Fire 2 Harbor 3 HR 3 IT 5 Parks & Rec 1 Police 126 Public Works 1 Total 202 2024 PUBLIC RECORDS REQUESTS BY DEPARTMENT Parks & Rec, 1, 1% IT, 5, 2% HR, 3, 1% Harbor, 3, 2%- Fire, 2, 1% Finance, 35, 17% Police, Electric, 4, 2% Works, 1, 1% Building, 6, 3% City Attorney, 0, 0% City Clerk, 6, 3% City Manager, 1, 1% ComDev, 9, 4% Clerk Report by Deputy City Clerk Jodi Kurtz January 27, 2025 13 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page CALL TO ORDER The January 13, 2025, regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Randy Wells Kevin Finch Robert Barnwell Julie Crites Casie Warner 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 Sam Severin, City Attorney Excused — Crites Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Wells) Approval of Agenda and Consent Agenda McClure requested Resolution 2025-004 be removed from the consent agenda. Motion as Amended Passed Unanimous The clerk read the following approved consent agenda items: Approval of the December 16, 2024, City Council Meeting Minutes 14 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page Resolution 2025-005: Authorizing the City Manager to Enter into an Agreement with the Alaska Small Business Development Center to Fund the Small Business Advisor Position for Three Years in the Amount of $50,000 Per Year Resolution 2025-006: Authorizing the City Manager to Purchase a Fleet Truck for the Seward Electric Department Field Engineer in the Amount of $50,893 SPECIAL ORDERS, PRESENTATIONS, AND REPORTS Proclamations and Awards Proclamation for Seward High School State Champion Football Team was read by Mayor McClure and presented to the coaches and players. [Clerk's note- McClure moved this item ahead of citizen comments] City Manager Report City Manager Kat Sorensen addressed the city-wide power outage that occurred yesterday. A tall tree had fallen on a transmission line near Kenai Lake. Coincidentally, the contractor recently hired to inspect the generators was on hand during this actual moment of need. Seward was currently on generator power and expected to be off within the next few hours. McClure asked the range of the generators. Sorensen clarified that anyone within the Seward service area should be on generator power. Sorensen also gave a shout out to the public works crew for handling all the flooding during the storm. Next, Sorensen addressed the billing split that took effect on January 1 that split the water/sewer apart from the electric bills. This change was recommended by the auditors for better transparency. She explained that autopay customers would need to add the water/sewer to their autopay account. Lastly, Sorensen reported that the public comment period for essential air service in Seward had closed. The Seward airport was run by the State of Alaska and evaluating the request for proposals would be entirely their decision. City Clerk Report City Clerk Kris Peck said the report was a compilation of all the council packet covers for the year of 2024. He was looking forward to 2025. City Attorney Report City Attorney Sam Severin provided an update on his attorney's office staffing and how they are all sharing the workload. He addressed the abandoned vessel that had been a recurring item on his reports. His goal for 2025 was to get that vessel out of the water and off of his report. 15 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2025-001: Approving the 2025 City of Seward Utility Tariffs for Electric, Water and Sewer Motion (Osenga/Wells) Approve Resolution 2025-001 Sorensen said the new tariffs were updated each year by the consumer price index (CPI). The biggest change was a decrease in the winter electric rates. 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. Finch supported the winter rate decrease, and he would like to see the summer rate go down as well or be removed altogether. Council discussed summer/winter electric rates, hydro power, fixed income households, and other cost adjustments with the city manager. Finch clarified this would not go into effect immediately but rather take effect October of 2025. Motion Passed Unanimous Resolution 2025-002: Approving the 2025 City of Seward Port & Harbor Tariff Regulations Motion (Osenga/Wells) Approve Resolution 2025-002 Sorensen explained this was the harbor version of the utility tariff. There were a few small changes to make sure the document matched actual practices such as the operating hours of the harbor bathrooms. 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 NEW BUSINESS Resolutions Unanimous Resolution 2025-003: Authorizing the City Manager to Purchase a New Fleet Truck with Snowplow and Accessories for the Public Works Street Department to Replace Unit 121 in an Amount not to Exceed $85,000 16 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page Motion (Wells/Osenga) Approve Resolution 2025-003 Public Works Director Doug Schoessler noted this had been an interesting winter with a distinct lack of snow. The snowplow truck in need of replacement was from 2002 and the transmission was failing. Wells clarified this new truck was approved in the budget. Motion Passed Unanimous Resolution 2025-004: Approving the 2025 City of Seward Fee Schedule Motion (Osenga/Barnwell) Approve Resolution 2025-004 Sorensen explained how this annual fee schedule set the costs for permits, licenses, cat adoptions and more. The new layout was revamped to show the taxes calculated in addition to the fees. The laydown presented tonight included a summer membership fees for AVTEC gym. McClure confirmed that no changes were being made to the parking permits and fees. Parks and Recreation Deputy Director Benny Flores explained the credit card fee for the parking kiosks and permits. He noted the commercial vehicle parking permit was back on the menu for $350. Flores also summarized the parking operations from 2024 and free parking in the Center Lot. The new 2025 parking permits would be all digital and accommodate up to two vehicles on a single permit. The digital permits would be synced to the vehicle license plates. Resolution 2025-004 was amended to include the laydown for the AVTEC summer membership. Motion Amended and Passed Unanimous Other New Business Select a Council Member to Join the Mayor and Administration for a Lobbying Trip to Juneau in March 2025 Sorensen explained the purpose of the trip and hoped to bring a third person to Juneau. Wells said he would love to go on the trip to Juneau. There was no objection from council. INFORMATIONAL ITEMS AND REPORTS Boards and Commissions Minutes 1) December 3, 2024, Planning & Zoning Minutes 17 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page Other Items Upcoming City Council Meetings Monday, January 27, 2025, at 5:30 p.m. City Council Joint Work Session with the Planning & Zoning Commission. Topics: Discuss code change recommendations regarding marijuana establishments, accessory dwelling units, and building height requirements. The commission will also discuss their annual priorities and share feedback from a targeted review of the Municipal Lands Management Plan Monday, January 27, 2025, at 7:00 p.m. City Council Regular Meeting CITIZEN COMMENTS —None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sorensen said it was a great start to 2025. Later this month, she would be attending a cruise line symposium in Vancouver and would miss the next council meeting. In the near future, there would be a council resolution to accept the $47 million in funding for the clean ports EPA grant. Warner thanked city administration and the clerk's office for a great meeting. She noted the council packet contained some interesting legislative history regarding the tariffs. Warner announced the Polar Bear Jump Off was this Saturday. She thanked the Harbor Department for their help with the jump and noted this would be her seventh time jumping. Finch gave a big shout out to Seward Seahawks football team. He thanked the Electric Department, Street Department, and Harbor Department for keeping lights on, the drains clean, and the boats floating. Finch noted there was colder weather coming and advised taking caution. Barnwell echoed previous comments on the Seward football team. For years, the football team had struggled in this town. On another topic, Barnwell noted the Municipal Lands Inventory Plan was really interesting and well thought out. Wells also congratulated the football team. He gave a huge shout out to Electric Department for their work during the storm. Wells witnessed the electric crews working along the highway and it was a testament to their ability to work in such nasty weather. He thanked Public Works as well for their work during the rain and flooding. Wells appreciated the City Manager for seeking out an opportunity to be a board member on the Boys & Girls Club. Lastly, Wells thanked the mayor for selecting him to travel to Juneau. Osenga echoed previous comments on the football team, power outage, and rainstorm event. He reminded everyone to get set up with the new split billing system. Osenga was pleased to start the year off with a good meeting. 18 City of Seward, Alaska City Council Meeting Minutes January 13, 2025 Volume 42, Page McClure said she was a big fan of the backup generators. She noted the Polar Bear Jump was always a fun time and that her son was the polar bear in the parade. The Spring Choir was starting this Thursday and their setlist would include a Bob Dylan song. Lastly, McClure said it was fun to watch the Seward football team do so well. Barnwell also wanted to say the $47 million shore power grant was incredible. He thanked city administration for pulling that one off. McClure continued by saying the Mayor's Conference in Anchorage was a great experience and the other mayors were envious of how many good things she had to report. Lastly, she shared her experience of slipping on a patch of ice and urged everyone to be careful while walking on the ice. ADJOURNMENT The meeting was adjourned at 7:57 p.m. Kris Peck Sue McClure City Clerk Mayor (City Seal) 19 Resolution 2025-012 RESOLUTION 2025-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 237 & 235 FOURTH AVE, CREATING THE KAWABE PARK REPLAT Documents: • Agenda Statement • Resolution 2025-012 • Attachments: o Property Map o Preliminary Plat o Application 20 Resolution 2025-012 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Planning and Zoning Commission Subject: Resolution 2025-012: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Property Located at 237 & 235 Fourth Ave, Creating the Kawabe Park Replat Background and justification: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary replat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. This plat will vacate the interior lot lines that formerly separated Lots 1, 2, & 3 of Block 10, Original Townsite of Seward, and create one, single lot which will be known as Lot 1A, Block 10, Seward Original Townsite, Kawabe Park Replat. During the 2023 update of the City of Seward Municipal Lands Inventory and Management Plan, the Planning and Zoning Commission recommended that the city replat Kawabe Park into one parcel. The current use of the land will not change, and it will remain zoned as a park. A public hearing is not required for this plat as Seward City Code §16.01.015(F) states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the requirements of a public hearing. In accordance with City and Borough requirements, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Park (P). Size: The parcel will be 9,007 square feet. Utilities: The parcel has access to all city utilities (water, sewer, and electric). Existin,' Use: Park - public restrooms, covered pavilion with one picnic table, mural, and walkway. Access: The parcel has access to Fourth Ave on the east, Adams Ave on the north, and an alley 21 Resolution 2025-012 on the west. Flood Zone: According to the Kenai Peninsula Borough Floodplain map the parcel is not within a FEMA mapped flood zone. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. N/A Total amount of funds listed in this legislation: This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: Budgeted Line item(s): Not budgeted Not applicable Affected Fund: General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 22 Resolution 2025-012 Administration Recommendation X Adopt Resolution Other: 23 Resolution 2025-012 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2025-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 237 & 235 FOURTH AVE, CREATING THE KAWABE PARK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the proposed plat is vacating two interior lot lines, formerly separating Lots 1, 2, & 3 on Block 10 in the Original Townsite of Seward, creating one parcel which will be called Lot 1A; and WHEREAS, this action was recommended by the Planning and Zoning Commission in the 2023 update of the City of Seward Municipal Lands Inventory and Management Plan; and WHEREAS, the parcels are currently zoned Park (P); and WHEREAS, the use of the property as a park will remain the same; and WHEREAS, none of the parcels are located within a mapped FEMA flood zone; and WHEREAS, the proposed parcel is 9,007 square feet; and WHEREAS, the parcel has access to Fourth Ave on the east, Adams Ave on the north, and an alley on the west; and WHEREAS, the lot is currently served by City water, sewer, and electric; and WHEREAS, Seward City Code §16.01.015(F), states that a plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from the requirements of a public hearing; and WHEREAS, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Council hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the Kenai Peninsula Borough approves the submittal of the preliminary plat of Lots 1, 2, & 3, Block 10, Original Townsite of Seward; Located at 237 & 235 Fourth Ave; Creating Lot 1A, Block 10, Seward Original Townsite, Kawabe Park Replat. 24 Resolution 2025-012 CITY OF SEWARD, ALASKA RESOLUTION 2025-012 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 25 JEFFERSON DAMS AAA JEFFERSON Single-family Residential Multi -family Residential Urban Residential Office Residential Central Business Auto Commercial Institutional Park JEFFERSON ADAMS'' ~. WA HINGfoN JEFFERS •;err; .• olution 2025-012 iiiiui I1IHI hill Context Map CITY HALL WASHING~ f ON Preliminary Plat Application Property Map N 200 feet RES 2025-0XX - Vacating the interior lot lines separating Lots 1, 2, & 3, Block 10, Original Townsite of Seward; Creating Lot 1A, Block 10, Seward Original Townsite, Kawabe Park Replat Location: 237 & 235 Fourth Ave Parcel #: 14908027 & 14908031 26 W W ` (4TH AVENUE W Resolution 2 J2012 oo• (R( mozav�6eom• (C) (e(.aoroc tll goof (Pa.L0.06 3.a12.00S (8),noo ossyinos ALLE j EE W Resolution 2025-012 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ['PRELIMINARY PLAT ❑ REVISED PRELIMINARY PLAT (no fee required) PHASED PRELIMINARY PLATE' PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Seward Original Townsite, Kawahe Park Replat PROPERTY INFORMATION: legal description L.ts 1, 2, and 3, Block 10, Original Townsite of Seward, Plat 1 Section, Township, Range Section 10, T1 S, R1 W, SM General area description Downtown Seward, Kawabe Park City Seward Total Acreage 0.207 SURVEYOR Company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER on site City WATERElon site City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and ['Preliminary plat NON-REFUNDABLE submittal fee $200.00- ['Certificate to plat for ALL parcels included in the subdivision ['Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ❑ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Stacy Wessel Signature: Phone: (907) 744-LAND e-mail: a,aklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBI'V21 ED Receipt # Resolution 2025-012 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; v 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; / V/ 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto / 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; N/A 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; N/A 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A Subdivision Name: Date 29 Resolution 2025-013 RESOLUTION 2025-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING FULL FUNDING FOR THE STATE OF ALASKA MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY26 STATE CAPITAL BUDGET Documents: • Agenda Statement • Resolution 2025-013 • Attachments: None 30 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Tony Sieminski, Harbormaster Subject: Resolution 2025-013: Supporting Full Funding for the State of Alaska Municipal Harbor Facility Grant Program in the FY26 State Capital Budget Resolution 2025-013 �oF SF�y CAslo* Background and justification: The City of Seward received funding most recently in 2022 from the Harbor Facility Grant program. The City of Seward valued the support from other communities and would like to support them as they request funds. The grant program was started in response after the State of Alaska transferred responsibility for its state-owned harbors to local municipalities, but many harbors needed new capital investment. It is currently estimated that the backlog of projects necessary to repair and replace these former State-owned harbors has increased to over $500,000,000. For FY 2026 many municipalities have grant applications pending with a total cost to the state of $5,740,408. The grant program has only been fully funded twice. The grant program is the City's best means to replace its docks and keep customer rate increases to a minimum, with renewing our support to keep this grant funded each year would benefit other communities and the City of Seward for future harbor improvements. DOT Grant Program The Municipal Harbor Facility Grant Program is managed by DOT & PF. The program provides 50/50 matching funds to eligible applicants. The program was created in 2006 but not funded until 2007. The legislature supplied funding in subsequent years (but not in 2009). The money can only be used for construction ready projects, not for planning or engineering. This grant program is funded on an annual basis at the discretion of the Alaska Legislature and consists of two tiers, Tier I and II. With State revenues projected to decline over the next few years, funding for the municipal Harbor Facility Grant Program will be a bigger challenge for the Legislature. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Create a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. Strategic Plan: Complete the renovation of the Seward Boat Harbor 31 Resolution 2025-013 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 X Funds are: Budgeted Line item(s): Not budgeted Not applicable X $ $ $ Affected Fund: General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 5 y 4u X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 32 Resolution 2025-013 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING FULL FUNDING FOR THE STATE OF ALASKA MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY26 STATE CAPITAL BUDGET WHEREAS, the majority of the public boat harbors in Alaska were constructed by the State during the 1960s and 1970s; and WHEREAS, in 1999 the State of Alaska transferred ownership of harbors to their respective communities; and WHEREAS, many of these harbors were at or near the end of their service life; and WHEREAS, a survey done by the Alaska Municipal League of Alaska's ports and harbors found that from the respondents, the backlog of projects necessary to repair and replace former Sate -owned harbors has increased to at least $500,000,000; and WHEREAS, these harbor facilities represent critical transportation links and are the transportation hubs for waterfront commerce and economic development in Alaska coastal communities; and WHEREAS, in response to this financial burden, the Governor and the Alaska Legislature passed legislation in 2006, supported by the Alaska Association of Harbormasters and Port Administrators, to create the Municipal Harbor facility Grant Program (AS 29.60.800); and WHEREAS, for each harbor facility grant application, these municipalities have committed to invest 100% of the design and permitting costs and 50% of the construction cost; and WHEREAS, during the last fifteen years the Municipal Harbor Facility Grant Program has only been fully funded twice; and WHEREAS, the municipalities of Unalaska, Sitka, and Juneau have committed to contribute half of their project cost in local match funding for FY25 towards harbor projects of significant importance locally as required in Harbor Facility Grant Program; and WHEREAS, other communities have supported Seward with resolutions to the state to fund the Facility Grant Program. 33 Resolution 2025-013 CITY OF SEWARD, ALASKA RESOLUTION 2025-013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward supports full funding for the State of Alaska Municipal Harbor Facility Grant Program in the amount of $5,740,408 in the FY2026 State Capital Budget to ensure enhanced safety and economic prosperity among Alaskan coastal communities. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 34 Resolution 2025-014 RESOLUTION 2025-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUPPORT OF RAISING THE MAXIMUM AVAILABLE ALASKA DEPARTMENT OF TRANSPORTATION HARBOR FACILITY GRANT TO $7,500,000 FOR ELIGIBLE PROJECTS ON AN ANNUAL BASIS Documents: • Agenda Statement • Resolution 2025-014 • Attachments: None 35 Resolution 2025-014 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Tony Sieminski, Harbormaster Subject: Resolution 2025-014: In Support of Raising the Maximum Available Alaska Department of Transportation Harbor Facility Grant to $7,500,000 for Eligible Projects on an Annual Basis Background and justification: The Municipal Harbor Facility Grant Program was established on July 1, 2006 in which the total amount of grant money made available to a municipality was limited to not exceed $5,000,000 in a fiscal year and be funded through watercraft fuel tax and from the state portion of the fisheries business tax. The grant program was started after the State of Alaska transferred responsibility for its state- owned harbors to local municipalities, but many harbors needed new capital investment. It is currently estimated that the backlog of projects necessary to repair and replace these former State- owned harbors has increased to over $500,000,000. However, construction, shipping, and mobilization costs to portions of Alaska have outpaced the national consumer price index since the pandemic. When adjusted from original amount using the United States Bureau of Labor Statistics CPI calculator to July 2023 this would be inflated to $7,500,000. DOT Grant Program The Municipal Harbor Facility Grant Program is managed by DOT & PF. The program provides 50/50 matching funds to eligible applicants. The program was created in 2006 but not funded until 2007. The legislature supplied funding in subsequent years (but not in 2009). The money can only be used for construction ready projects, not for planning or engineering. This grant program is funded on an annual basis at the discretion of the Alaska Legislature and consists of two tiers, Tier I and II. With State revenues projected to decline over the next few years, funding for the municipal Harbor Facility Grant Program will be a bigger challenge for the Legislature. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Create a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. Strategic Plan: Complete the renovation of the Seward Boat Harbor Other: 36 Resolution 2025-014 Total amount of funds listed in this legislation: This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: Budgeted Line item(s): Not budgeted Not applicable X $ 0 Affected Fund: General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 45 X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 37 Resolution 2025-014 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUPPORT OF RAISING THE MAXIMUM AVAILABLE ALASKA DEPARTMENT OF TRANSPORTATION HARBOR FACILITY GRANT TO $7,500,000 FOR ELIGIBLE PROJECTS ON AN ANNUAL BASIS WHEREAS, Senate Bill 291 established the Municipal Harbor Facility Grant Program on July 1, 2006 in which the total amount of grant money made available to a municipality was limited to not exceed $5,000,000 in a fiscal year; and WHEREAS, the Municipal Harbor Facility Grant is the single most significant funding tool available to Alaska Harbormaster to plan, maintain and recapitalize port and harbor infrastructure; and WHEREAS, testimony from a legislator advocate stated "SB 291 would establish the municipal harbor facility grant fund to which the Legislature would make an annual appropriation from the watercraft fuel tax account and from the state portion of the fisheries business tax. Both sources come from the marine industry so harbor users would generate the revenue for the program"; and WHEREAS, Senate Bill 291 was envisioned to cap the funds that can be used per community per year at $5 million so that a large community couldn't take all the available funds in any given year. The expectation is that communities would establish, maintain, and run an enterprise fund into perpetuity; and WHEREAS, the State of Alaska over the past nearly 30 years has transferred ownership of most of the State-owned harbors, many of which were at or near the end of their service life at the time of transfer, to local municipalities; and WHEREAS, these harbor facilities continue to require substantial municipal financial investment to maintain and for capital improvement projects; and WHEREAS, construction, shipping and mobilization costs to remote portions of Alaska have outpaced the national consumer price index since the pandemic; and WHEREAS, the United States Bureau of Labor Statistics CPI calculator indicates that $5M in July 2006 when the Sente Bill 291 was enacted would be inflated to $7,500,000 per eligible project. 38 Resolution 2025-014 CITY OF SEWARD, ALASKA RESOLUTION 2025-014 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward, Alaska is in support of raising the maximum available Alaska Department of Transportation Harbor Facility Grant to $7,500,000 for eligible projects on an annual basis. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 39 RESOLUTION 2025-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY25 SHARED FISHERIES BUSINESS TAX PROGRAM, AND CERTIFYING THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA AND AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDS FROM THE SHARED FISHERIES BUSINESS TAX PROGRAM Documents: • Agenda Statement • Resolution 2025-015 • Attachments: o Application — FY25 Shared Fisheries 40 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Sully Jusino, Finance Director Subject: Resolution 2025-015: Adopting an Alternative Allocation Method for the FY25 Shared Fisheries Business Tax Program, and Certifying this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area and Authorizing the City Manager to Apply for Funds from the Shared Fisheries Business Tax Program Background and justification: The City of Seward is required to apply to the State of Alaska Department of Community and Economic Development (DCED) each year, to qualify for funding under the State's Shared Fisheries Business Tax Program and the State Landing Tax Allocation. The purpose of the program is to provide for a sharing of state fish tax collected outside municipal boundaries, with municipalities that have been affected by fishing industry activities. This program is different from the state fish tax sharing program which shares fish tax revenues collected inside municipal boundaries. This is the 31' year of this program, and municipalities across the state will share tax revenues from 2023 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that funding be allocated first to fisheries management areas across the state based on the level of fish and shellfish processed in each area, compared to the total fish and shellfish processed for the whole state. Then, funds are allocated among the municipalities located within each fisheries management area, based on the relative level of impacts experienced by each municipality. Seward is located in the Cook Inlet Fisheries Management Area, which includes eleven communities: Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Soldotna, Seward, Houston, Palmer and Wasilla. The final deadline for submitting an application for the FY2025 Shared Fisheries Business Tax and Landing Tax Program is February 15, 2025. The long -form application provides for a "standard" and an "alternative" method of funding allocation. The City of Seward will file under the alternative method. Standard Method: Under this method, each municipality must determine and document the cost of fisheries business Impacts experienced by the community in 2023. Once the Impacts have been established for each of the municipalities, the DCCED will calculate the allocation for each municipality using the following formula: 41 X One-half of the available funding is divided among participating municipalities on the basis of the relative dollar amount of impact in each community. The other half of the available funding is divided among municipalities based on the relative dollar amount of impact per capita in each community. Alternative Method: Alternative allocation methods may be proposed by the municipalities within the area. DCED will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing Industry on the respective municipalities in the area. The short -form method allocates the available funds by sharing 50% of the funds equally among the participating municipalities and allocating the remaining 50% on a per -capita basis. The information required by the long -form application would be difficult and time-consuming to obtain. Therefore, it is proposed that municipalities in our area use the alternative method and that we further agree that the allocation method be the same method used in the short form allocation. Given the small amount of additional funding that the City might gain by utilizing the standard method, compared to the additional time required to complete the application, it is our recommendation that the city of Seward agree to use the alternative method and agree that 50% of the funds will be allocated equally among the participating municipalities, and the remaining 50% allocated on a per -capita basis. This will be the eighteenth consecutive year of using this method. Using this same allocation method, Seward expects to receive approximately $398.20 in Shared Fisheries Business Tax Allocation, an increase from the FY2023 allocation of $376.72. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: 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): 01000-0000-4207 Fisheries Resource Landing Tax Not budgeted Not applicable $ $ $ Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater 42 Boat Harbor Motor Pool Available Fund Balance Parking Other X Yes Water Attorney Signature: Not applicable Comments: Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review Administration Recommendation X Adopt Resolution Other: 43 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY25 SHARED FISHERIES BUSINESS TAX PROGRAM, AND CERTIFYING THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA AND AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDS FROM THE SHARED FISHERIES BUSINESS TAX PROGRAM WHEREAS, Alaska Statute 29.60.450 requires that for a municipality to participate in the FY2025 Shared Fisheries Business Tax Program ("Program"), the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality experienced significant effects during calendar year 2023 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and WHEREAS, the Program provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Seward, Alaska proposes to use an alternative allocation method for allocating FY2025 funding available within the FMA 14: Cook Inlet Fisheries Management Area, in agreement with all other municipalities in the area participating in the FY2025 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council certifies that the City of Seward did experience significant effects during calendar year 2023 from fisheries business activities that occurred within the Cook Inlet fisheries management area and seeks to apply for funding under the FY2025 Shared Fisheries Business Tax Program. 44 CITY OF SEWARD, ALASKA RESOLUTION 2025-015 Section 2. All eligible communities in the Cook Inlet fisheries management area will receive fifty percent (50%) divided equally and fifty percent (50%) divided on a per capita basis. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 27t1' day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 45 THE STATE °fAASKA GOVERNOR MIKE DUNLEAVY November 8, 2024 City of Seward PO Box 167 Seward, AK 99664 Department of Commerce, Community, and Economic Development DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Anchorage Office 550 W 71t1 Ave, Suite 1650 Anchorage, Alaska 99501 Main: 907.269.4501 Fax: 907.269.4563 Dear Kristin Erchinger: The Department of Commerce, Community, and Economic Development is pleased to announce availability of the FY 2025 Shared Fisheries Business Tax Program. The purpose of the program is to allocate a share of state fish tax collected outside municipal boundaries with municipalities affected by fishing industry activities. Municipalities around the state will share approximately $770,000.00 based on 2023 fisheries activity as reported by fish processors on their fish tax returns. Details of how the program works are included in the application under Program Description. Historically, your municipality along with the other communities in your fisheries management area, FMA 14: Cook Inlet has filed using the Alternative Method found on the last four pages of this application. A breakdown is included that details the communities in your FMA, in addition to the anticipated payment based on the agreed upon allocation method for your FMA. If this agreement is still in place with your FMA, you will only need to have your Council/Assembly pass the enclosed alternative method sample resolution in order to participate in the program. If your FMA intends to change the alternative method of allocation, the new proposal must be submitted to our office no later than January 15, 2025. If an agreement cannot be made with all communities in your FMA, you will need to file using the standard method and claim your significant effects. Instructions on both of these methods are detailed in the application packet. DEADLINE FOR SUBMISSION OF COMPLETED APPLICATION IS FEBRUARY 15, 2025 Applications can be scanned and emailed to aa(j'alaska.goy with the subject line "City of Seward. FY25, SFBT". if you have any questions about the program or require assistance in completing the application, please contact Lindsay Reese at kndsay.reese(aaalaska.gov or call (907) 269-7906. Sincerely, LC i4 ay Reece Lindsay Reese Grants Administrator 2 46 MA 14- Cook Inlet Total allocation. $7.115.01 50% Divided $3.557.50 50% per capita $3,557.50 Calculated Community Population 50% divided share 0% per capita shah Allocation City of Homer • 5.669 $355.75 $53.08 $408.83 City of Houston F 2,140 $355.75 $20.04 $375.79 City of Kachemak • 669 $355.75 $6.26 $362.01 City of Kenai F 7,614 $355.75 $71.29 $427.04 City of Palmer ' 5.918 $355.75 $55.41 $411.16 City of Seldovia F 250 $355.75 52.34 $358.09 City of Seward F 2.582 $355.75 $24.17 5379.92 City of Soldotna ' 4,574 $355.75 $42.82 5398.58 Kenai Peninsula Borough ' 60.898 $355.75 $570.17 $925.92 MunicipeI.ty of Anchorage • 289.653 $355.75 $2,711.92 $3,067.67 Totals 379,967 $3,557.50 $3,557.50 $7,115.01 Community Count 10 • All municipalities share 50% of allocation equally; share remaining 50% on a per capita basis. LONG FBT + FLT CHECK FY 22 Landing Tax Allocatlo Reference $342.21 Number Calculated Allocation $19.66 $18.07 $17.41 $20.54 $19.78 $17.22 $18.27 $19.17 $44.53 $147.55 $7,457.21 OKAY $342.21 Total Distribution 25-SF14-02 $ 428.49 25-SF14-03 $ 393.86 25-SF14-04 $ 379.43 25-SF14-05 $ 447.58 25-SF14-06 $ 430.93 25-SF14-07 $ 375.31 25-SF14-08 $ 398.20 25-SF14-09 $ 417.75 25-SF14-11 $ 970.45 25-SF14-01 $ 3,215.22 $ 7,457.21 47 DCCED Shared Fisheries Business Tax Program FY 25 Long -Form Application For FMA 14: COOK INLET AREA APPLICATION MUST BE SUBMITTED TO DCCED NO LATER THAN FEBRUARY 15, 2025 State of Alaska Mike Dunleavy, Governor Department of Commerce, Community, and Economic Development Julie Sande, Commissioner Division of Community and Regional Affairs Sandra Moller, Director 48 FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM DESCRIPTION The purpose of the Shared Fisheries Business Tax Program is to provide for an annual sharing of fish tax collected outside municipal boundaries to municipalities that can demonstrate they suffered significant effects from fisheries business activities. This program is administered separately from the state fish tax sharing program administered by the Department of Revenue which shares fish tax revenues collected inside municipal boundaries. Program Eligibility To be eligible for an allocation under this program, applicants must: 1. Be a municipality (city or borough); and 2. Demonstrate the municipality suffered significant effects as a result of fisheries business activity that occurred within its respective fisheries management area(s). Program Funding The funding available for the program this year is equal to half the amount of state fisheries business tax revenues collected outside of municipal boundaries during calendar year 2023. Program funding is allocated in two stages: 1st Stage: Nineteen Fisheries Management Areas (FMAs) were established using existing commercial fishing area boundaries. The available funding is allocated among these 19 FMAs based on the pounds of fish and shellfish processed in the whole state during the 2023 calendar year. For example, if an area processed 10% of all the fish and shellfish processed in the whole state during 2023, then that area would receive 10% of the funding available for the program this year. These allocations are calculated based on Fisheries Business Tax Return information for calendar year 2023. 2nd Stage: The funding available within each FMA will be allocated among the municipalities in that area based on the level of fishing industry significant effects suffered by each municipality compared to the level of effects experienced by the other municipalities in that FMA. Some municipalities, because of their extensive area, are included in more than one fisheries management area. In these cases, the municipality must submit a separate program application for each area. 49 FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM DESCRIPTION There are two possible application methods: Standard and Alternative Standard Method: In the Standard Method, established by the department, each municipality in the FMA must determine and document the cost of fisheries business impacts experienced by the community in 2023. These impacts are submitted by each municipality in their applications. The department will review the applications and determine if the impacts submitted are valid. Once the impacts have been established for each of the municipalities in the FMA, the department will calculate the allocation for each municipality using the following formula: One half of the funding available within an FMA is divided up among participating municipalities on the basis of the relative dollar amount of impact in each municipality. The other half of the funding available to that area is divided equally among all eligible municipalities. Alternative Method: Alternative allocation methods may be proposed by the municipalities within the FMA. The department will consider approving the use of a proposed alternative method only if all the municipalities in the area agree to use the method, and if the method includes some measure of the relative effects of the fishing industry on the respective municipalities in the area. This application packet contains the instructions and forms applying under: • STANDARD METHOD • ALTERNATIVE METHOD The chart on the following page summarizes the process for these two methods. 50 FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM DESCRIPTION -' PROCESS FOR METHODS November 15 Commerce mails program applications to municipalities STANDARD METHOD No later than February 15 Each municipality determines and documents the cost of fisheries impacts on the community and submits this information with their application. 1 1 Or No later than April 15 Department of Commerce reviews applications, makes a determination as to the validity of the submitted impacts, and notifies the municipalities of this determination. a • Within 30 days Municipalities have 30 days in which to appeal Commerce's determinations regarding submitted impacts. a Within 20 days Commerce will respond to appeals within 20 days after receiving them. a After all appeals are resolved Commerce will perform the formula calculations for each FMA based on the relative impacts approved for each municipality in the FMA, and distribute the funding allocations. 1" ALTERNATE METHOD No later than January 15 All municipalities in an FMA work together to develop an alternate allocation formula and submit their proposal to the Department of Commerce. Municipalities are encouraged to consult with Commerce during this effort regarding the acceptability of alternative methods. No later than February 1 Commerce reviews alternate proposals, determines if proposals are acceptable, and notifies the municipalities of this determination. If the proposal is accepted, municipalities may then use the Alternative Method application. If the proposal is not acceptable to Commerce, they will work with municipalities in an area to resolve problems. If the problems cannot be resolved, the municipalities in that FMA must apply using the Standard Method application. 4p- J No later than February 15 Each municipality must submit an Alternative Method application. Commerce will distribute allocations after all applications within that FMA have been received and verified. 51 FY 25 Shared Fisheries Business Tax Program Application Instructions STANDARD METHOD • In the standard method application process each municipality determines and documents the cost to the municipality of fisheries industry significant effects suffered by the community in 2023. • Details for each of these effects are submitted by municipalities using the Declaration of Significant Effects application forms provided on the following pages. • The municipality must also submit an approved resolution by the governing body certifying that the information submitted in the application is correct and complete. A sample resolution is included in this packet. • The department will review the applications and determine if the significant effects submitted are valid. • Once the effects have been established for each of the municipalities in a Fisheries Management Area, the department will calculate the funding allocation for each municipality using the following formula: One half of the funding available within an FMA is divided up among participating municipalities on the basis of the relative dollar amount of impact in each municipality. The other half of the funding available to that area is divided equally among all eligible municipal ities. Guidelines for Completing the Declaration of Significant Effects Forms Some important definitions: The Shared Fisheries Business Tax Program provides for a sharing of State Fisheries Business Tax with municipalities that can demonstrate they suffered significant effects during the program base year from fisheries business activity in their respective fisheries management area. For the purposes of this program, "fisheries business activity" means: • activity related to fishing, including but not limited to the catching and sale of fisheries resources; • activity related to commercial vessel, moorage and gear maintenance; • activity related to preparing fisheries resources for transportation; and, • activity related to processing fisheries resources for sale by freezing, icing, cooking, salting, or other method and includes but is not limited to canneries, cold storages, freezer ships, and processing plants. 52 And, "significant effects" means: • municipal expenditures during the program base year demonstrated by the municipality to the department to be reasonable and necessary that are the result of fisheries business activities on the municipality's: • population; • employment; • finances; • air and water quality; • fish and wildlife habitats; and, • ability to provide essential public services, including health care, public safety, education, transportation, marine garbage collection and disposal, solid waste disposal, utilities, and government administration. And, "program base year" means: • calendar year 2023. A municipality does not need to have actual expenditures in 2023 in order to include them as significant effects in the application. If a fishing business activity impacts a municipality in a manner that will result in a cost to the municipality, then the municipality can claim that impact as a significant effect. For example, a municipality's pier might have been damaged by an improperly docked fish processing vessel. The municipality might not have the funds to repair the pier during 2023, but the municipality has obtained final engineering estimates for the cost of repairs. In this case, the municipality could declare the repair cost estimates as significant effects on their application. However, these costs may not be claimed again if the municipality subsequently expended the monies to repair the pier at a later date (this would result in a double counting of significant effects). If a significant effect claimed in the application reflects expenditures that were determined by the municipality to be necessary, but for which the municipality was unable to make an expenditure during the program base year, the application must include a finding by the municipal governing body which documents and clearly describes the procedures and methods by which the need and the estimated cost of such expenditures were determined. Only that part of overall community impacts which are directly attributable to fishing business activity should be included as significant effects in the application. For example, a municipality water supply system may be impacted by the fresh water needs of the local fishing fleet and fish processing facilities. However, a municipality in this situation should not claim the entire cost of operating or maintaining the water system as a "significant effect" for the purposes of this program. In this case, the municipality must determine and document its estimate of the share of the use, and "wear and tear," of the water system that can reasonably be attributed to fisheries business activity. A place is provided on the Declaration of Significant Effects forms for municipalities to explain how they arrived at such estimates. Examples of eligible significant effects. The kinds of negative effects which a municipality might possibly claim to have suffered are many. It is the responsibility of each municipality to describe, document and justify its particular claims of negative impacts during 2023 resulting from fisheries 53 business activities. For the purposes of this program, all significant effects must be presented in terms of expenditures of municipal funds, either actual or determined necessary. For example, a sudden population increase of 1,000 people is not in itself a negative effect. It is the demonstrable impacts on the municipality budget of dealing with these extra people that may be considered as significant effects for this program. The following examples represent the kinds of community impacts which are clearly eligible for inclusion in a municipality's Declaration of Significant Effects forms. • a municipality's expenses during 2023 in repairing a dock damaged by a fishing vessel; • a municipality's costs of hiring extra police, teachers or medical staff to cover periods during 2023 when fish processing workers or fishing crew and their families expanded the municipality's population; • a municipality's 2023 loan which was used to improve the municipality's water system to meet increased demands for fresh water by local fish processors. Only that part of the debt service which can be directly attributable to supporting the fishing industry may be counted as a significant effect. • special expenditures made by a municipality during 2023 to assist or help re-train workers who lost their jobs in the fishing industry because of a downturn in fishing activity; • a municipality's expenditures for operating and maintaining harbor facilities during 2023; • operating and maintaining a municipality's water and sewer system or landfill during 2023 that is directly attributable to the fishing industry. Examples of events which are not eligible to be significant effects The following are examples of municipal expenditures or events which are not eligible for inclusion in a municipality's Declaration of Significant Effects forms: • Municipal expenditures that occurred before or after 2023 which are the result of fishing business activities; • Revenues which a municipality did not receive during 2023 because of a downturn in local fishing business activity. If you're not sure whether an event is a valid "significant effect" or not, contact DCCED. 54 Instructions for Completing the Standard Method Application The completed standard method application submitted by each municipality will contain three elements: • a set of Declaration of Significant Effects forms (one separate form for each significant effect claimed by the municipality). Three copies of this form are included in the application- please make as many additional copies of this form as you need. • a Cover Page that provides the total number and cost of the significant effects claimed by the municipality. • an approved resolution by the governing body adopting the application as true and correct. A sample resolution is included in the application. Instructions for the Cover Page/Summary The Cover Page must be completed and submitted as part of the application. This form summarizes the information found in the application. The number of significant effects claimed should be equal to the number of Declarations of Significant Effects forms submitted with the application and the total dollar amount should equal the sum of all the dollar amounts stated in Part 2 on the Declarations of Significant Effects forms. Instruction for the Resolution form Municipalities may use this form, or a similar form, to comply with the requirement that the submitted application be certified by the municipality's governing body. Submit completed application no later than February 15, 2025, to: E-mail caaQalaska.gov Subject Line "Municipality Name, FY25, SFBT" Or Mail State of Alaska DCCED Shared Fisheries Business Tax Program 550 W. 7t' Ave Ste 1650 Anchorage, Alaska 99501 If you have any questions regarding this program, contact Lindsay Reese at 269-7906 55 FY 25 Shared Fisheries Business Tax Program Application Instructions ALTERNATIVE METHOD • In the alternative method application process all municipalities in a fisheries management area may work together to develop an alternative allocation formula for distributing the available program funding among municipalities in the area. It is advised that the Department of Commerce be consulted during this process if the municipalities have questions or concerns about what constitutes an acceptable alternative to the standard allocation method. • All the municipalities in an area must reach an agreement in writing on an alternative allocation formula. • By January 15, the department must receive the proposed alternative method. If the alternative method is not acceptable, the department will work with the municipalities to resolve the problems. • If the municipalities in an area fail to satisfy the department regarding the acceptability of the alternative allocation method proposed, then each municipality in the region must return to the standard application process and submit separate applications as required by that process. • If the department finds the alternative allocation method satisfactory, each municipality must then complete an alternative method application consisting of a cover page and resolution. The resolution must be adopted by the governing body and it must clearly describe the approved alternative allocation method within that area. After all alternative method applications within an area have been received and approved; the department will perform the allocations and distribute program funds. 56 Instructions for Alternative Method Application In the alternative method application, an approved resolution constitutes the application. No other forms need to be submitted. A sample resolution has been attached for your use. General Guidelines for Developing an Alternative Allocation Method All municipalities in a fisheries management area must agree on the alternative method: There must be unanimous agreement among all eligible municipalities in a fisheries management area with regard to alternative allocation methods. It is the responsibility of community leaders in the area to work together to negotiate an alternative which is acceptable to all municipalities. The department may be consulted at any time regarding what kinds of formula approaches are considered acceptable by the department. Alternative methods must incorporate some measure of the relative significant effects experienced by the respective municipalities in the area. The measure of significant effects may take many farms. One area might agree to use the number of commercial fishing boat visits -per -year per community as a measure of significant effects. Another area might use the linear foot -length of public docks as a measure. Another area might use community population figures as an indication of the significant effects of fisheries business activity. Another area might share one half of the funding equally between the respective municipalities and share the other half based upon community population figures. Areas may decide to use one measure or may use a combination of measures. Submit your completed application no later than February 15, 2025 to: E-mail caaAalaska.gov Subject Line "Municipality Name, FY25, SFBT" Or Mail State of Alaska DCCED Shared Fisheries Business Tax Program 550 W. 7t' Ave Ste 1650 Anchorage, Alaska 99501 If you require assistance in completing this application, contact Lindsay Reese at 269-7906. 57 FY 25 Shared Fisheries Business Tax Program Alternative Method Resolution City of Seward (City or Borough) RESOLUTION NO. A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY23 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN FMA 14: COOK INLET AREA WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY 25 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Commerce, Community, and Economic Development that the municipality suffered significant effects during calendar year 2023 from fisheries business activities; and, WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Commerce, Community, and Economic Development; and, WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Commerce, Community, and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure oflhe relative significant effect of fisheries business activity on the respective municipalities in the area; and, WHEREAS, The City of Seward _ proposes to use an alternative allocation method for (Governing Body) allocation of FY25 funding available within the FMA 14: COOK INLET AREA in agreement with all other municipalities in this area participating in the FY23 Shared Fisheries Business Tax Program; NOW THEREFORE BE IT RESOLVED THAT: The City of Seward by this resolution (Governing Body) certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2023 of fisheries business activity in FMA 14: COOK INLET AREA: • All municipalities share equally 50% of allocation; all municipalities share remaining 50% on a per capita basis. PASSED and APPROVED by a duty constituted quorum of the City of Seward of 20____ SIGNED ATTEST Mayor Clerk (Governing Body) this day 58 FY 25 SHARED FISHERIES BUSINESS TAX PROGRAM ALTERNATE METHOD APPLICATION For FMA 14: COOK INLET AREA Name of Municipality: City of Seward Mailing Address: P.O Box 167, Seward AK,99664 Contact Person: Kathleen Sorensen Title: City Manager Email Address: ksorensen@cityofseward.net Phone Number: 907-224-4012 Return with resolution E-mail caa(a,alaska.gov Subject Line "Municipality Name, FY25, SFBT" Or Mail State of Alaska DCCED Shared Fisheries Business Tax Program 550 W. 7th Ave Ste 1650 Anchorage, Alaska 99501 59 Resolution 2025-016 RESOLUTION 2025-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING $45,732,040 IN GRANT FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY CLEAN PORTS GRANT PROGRAM FOR THE IMPLEMENTATION OF SHORE POWER AT THE SEWARD CRUISE SHIP TERMINAL, AND APPROPRIATING THE FUNDS ACCORDING TO THE BUDGET LAID OUT IN THE GRANT NARRATIVE Documents: • Agenda Statement • Resolution 2025-016 • Attachments: o EPA Grant Agreement o Seward Clean Ports Narrative o Shore Power Press Release 60 Resolution 2025-016 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council From: Kat Sorensen, City Manager Subject: Resolution 2025-016: Accepting $45,732,040 in Grant Funds from the U.S. Environmental Protection Agency Clean Ports Grant Program for the Implementation of Shore Power at the Seward Cruise Ship Terminal, and Appropriating the Funds According to the Budget Laid Out in the Grant Narrative Background and justification: The City of Seward has identified the implementation of shore power at the Seward Cruise Ship Terminal as a critical infrastructure project to reduce air emissions, support environmental sustainability, and enhance the economic vitality of the port. The U.S. Environmental Protection Agency (EPA) Clean Ports Grant Program has awarded the City of Seward $45,732,040 to fund the design, construction, and implementation of shore power infrastructure at the Seward Cruise Ship Terminal. The grant will support key project components, including planning and design, procurement of equipment, construction, commissioning, and workforce development as detailed in the grant agreement. The acceptance and appropriation of these funds are essential to advancing the project and ensuring compliance with the terms and conditions outlined in the grant agreement. The City of Seward is committed to managing the grant funds responsibly and ensuring alignment with the budget and specified timeline. The required 10% match for the grant is committed from The Seward Company, the group behind the dock reconstruction project, making the implementation of shore power at no cost to Seward residents or Seward electric ratepayers. The grant includes a subaward appropriation for the Alaska Vocational Technical Center to develop and implement a workforce development program. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: $ $45,732,040 This legislation: 61 Resolution 2025-016 X Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are: Budgeted Line item(s): Not budgeted Not applicable X Affected Fund: General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Review 3'1- 966"04P Administration Recommendation X Adopt Resolution Other: 62 Resolution 2025-016 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING $45,732,040 IN GRANT FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY CLEAN PORTS GRANT PROGRAM FOR THE IMPLEMENTATION OF SHORE POWER AT THE SEWARD CRUISE SHIP TERMINAL, AND APPROPRIATING THE FUNDS ACCORDING TO THE BUDGET LAID OUT IN THE GRANT NARRATIVE WHEREAS, the City of Seward has identified the implementation of shore power at the Seward Cruise Ship Terminal as a critical infrastructure project to reduce air emissions, support environmental sustainability, and enhance the economic vitality of the port; and WHEREAS, the U.S. Environmental Protection Agency (EPA) Clean Ports Grant Program has awarded the City of Seward $45,732,040 to fund the design, construction, and implementation of shore power infrastructure at the Seward Cruise Ship Terminal; and WHEREAS, the grant will support key project components, including planning and design, procurement of equipment, construction, commissioning, and workforce development as detailed in the grant agreement; and WHEREAS, the acceptance and appropriation of these funds are essential to advancing the project and ensuring compliance with the terms and conditions outlined in the grant agreement; and WHEREAS, the City of Seward is committed to managing the grant funds responsibly and ensuring alignment with the budget and timeline specified in the grant document; and WHEREAS, the required 10% match for the grant is committed from The Seward Company, the group behind the dock reconstruction project, making the implementation of shore power at no cost to Seward residents or Seward electric ratepayers; and WHEREAS, the grant includes a subaward appropriation for the Alaska Vocational Technical Center to develop and implement a workforce development program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby accepts $45,732,040 in grant funds from the U.S. Environmental Protection Agency Clean Ports Grant Program for the implementation of shore power at the Seward Cruise Ship Terminal. Section 2. The City Council appropriates $45,732,040 in grant funds according to the budget outlined in the grant narrative, authorizing expenditures for planning, design, procurement, 63 Resolution 2025-016 CITY OF SEWARD, ALASKA RESOLUTION 2025-016 construction, and commissioning of the shore power infrastructure. The fund 15360 Port of Seward Vessel Shore Power Project will allocate revenue and expenditures related to this grant. Section 3. The City Council directs the City Manager, or their designee, to execute all necessary documents and take all necessary actions to fulfill the terms and conditions of the grant agreement, including but not limited to, submitting required reports and ensuring compliance with applicable regulations. Section 4. The City Council expresses its appreciation to the U.S. Environmental Protection Agency for its support in advancing this critical infrastructure project for the benefit of the community and the environment. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 27tn day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 64 Resolution 2025-016 5Y - 02J92001 - 0 Page 1 J�,-Eo Brill. 2� Q Yv A 2 +,. c�`° 41. PROT U.S. ENVIRONMENTAL PROTECTION AGENCY Grant Agreement GRANT NUMBER (FAIN): 02J92001 MODIFICATION NUMBER: 0 PROGRAM CODE: 5Y DATE OF AWARD 12/17/2024 TYPE OF ACTION New MAILING DATE 12/20/2024 PAYMENT METHOD: ASAP ACH# RECIPIENT TYPE: Municipal Send Payment Request to: rtpfc-grants@epa.gov RECIPIENT: PAYEE: CITY OF SEWARD PO BOX 167 SEWARD, AK 99664-0167 EIN: 92-6000086 CITY OF SEWARD PO BOX 167 SEWARD, AK 99664-0167 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sully Jusino PO BOX 167 SEWARD, AK 99664-0167 Email: sjusino@cityofseward.net Phone: 907-362-1020 Elizabeth Carper 1200 Sixth Ave, Suite 155 Seattle, WA 98101-3144 Email: Carper.Beth@epa.gov Phone: 206-553-1906 Lacey Davidson 1200 6th Ave., Suite 155 Seattle, WA 98101-3144 Email: davidson.lacey@epa.gov Phone: 206-553-0758 PROJECT TITLE AND DESCRIPTION Port of Seward Vessel Shore Power Implementation See Attachment 1 for project description. BUDGET PERIOD 01/01/2025 - 12/31/2028 PROJECT PERIOD 01/01/2025 - 12/31/2028 TOTAL BUDGET PERIOD COST $ 50,813,378.00 TOTAL PROJECT PERIOD COST $ 50,813,378.00 NOTICE OF Based on your Application dated 05/28/2024 including all modifications and amendments, Protection Agency (EPA) hereby awards $ 45,732,040.00. EPA agrees to cost -share exceeding total federal funding of $ 45,732,040.00. Recipient's signature is not out this award by either: 1) drawing down funds within 21 days after the EPA award the award terms and conditions within 21 days after the EPA award or amendment specified in this award, the authorized representative of the recipient must furnish EPA award or amendment mailing date. In case of disagreement, and until the provided by this award/amendment, and any costs incurred by the recipient are statutory provisions, all terms and conditions of this agreement and any attachments. AWARD the United States 90.00% of all approved acting by and through the US Environmental budget period costs incurred, up to and not The recipient demonstrates its commitment to carry date; or 2) not filing a notice of disagreement with disagrees with the terms and conditions to the EPA Award Official within 21 days after the recipient should not draw down on the funds is subject to applicable EPA regulatory and required on this agreement. or amendment mailing mailing date. If the recipient a notice of disagreement disagreement is resolved, the at its own risk. This agreement ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 10, EPA Region 10 Mail Code: 17-004, 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 U.S. EPA, Region 10, Mission Support Division R10 - Region 10 1200 Sixth Ave, Suite 155 Seattle, WA 98101-3144 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Andrea Manion - Grants Management Officer DATE 12/17/2024 65 Resolution 2025-016 5Y - 02J92001 - 0 Page 2 EPA Funding Information FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 0 $ 45,732,040 $ 45,732,040 EPA In -Kind Amount $ 0 $ 0 $ 0 Unexpended Prior Year Balance $ 0 $ 0 $ 0 Other Federal Funds $ 0 $ 0 $ 0 Recipient Contribution $ 0 $ 0 $ 0 State Contribution $ 0 $ 0 $ 0 Local Contribution $ 0 $ 0 $ 0 Other Contribution $ 0 $ 5,081,338 $ 5,081,338 Allowable Project Cost $ 0 $ 50,813,378 $ 50,813,378 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.051 - Clean Ports Program Clean Air Act: Sec. 133 Inflation Reduction Act: Sec. 60102 2 CFR 200, 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Code Organization PRC OClass Site/Project Organization / Deolbligafion - 25101RG012 2227 E4SF6 10B1 000AVFXY3 4166 - - $ 45,732,040 $ 45,732,040 66 Resolution 2025-016 5Y - 02J92001 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non -Construction) Total Approved Allowable Budget Period Cost 1. Personnel $ 322,990 2. Fringe Benefits $ 64,598 3. Travel $ 0 4. Equipment $ 0 5. Supplies $ 24,726 6. Contractual $ 1,416,348 7. Construction $ 47,778,465 8. Other $ 1,206,251 9. Total Direct Charges $ 50,813,378 10. Indirect Costs: 0.00 % Base $ 0 11. Total (Share: Recipient 10.00 % Federal 90.00 %) $ 50,813,378 12. Total Approved Assistance Amount $ 45,732,040 13. Program Income $ 0 14. Total EPA Amount Awarded This Action $ 45,732,040 15. Total EPA Amount Awarded To Date $ 45,732,040 67 Resolution 2025-016 5Y - 02J92001 - 0 Page 4 Attachment 1 - Project Description The purpose of this award is to provide funding under the Inflation Reduction Act to the City of Seward. Specifically, the recipient will improve air quality and reduce pollution at the Port of Seward and in the surrounding area through the deployment of zero -emission equipment and infrastructure at the port. The activities include the installation of vessel shore power infrastructure and associated infrastructure upgrades, switchgear, and a battery energy storage system. The anticipated deliverables include the purchase and deployment of two vessel shore power pedestals for cruise ships and other vessels including a 115 kV line extension to connect the shore power system to the grid and an eight modular battery energy storage systems. Other deliverables include conducting community engagement events, workforce training on zero -emission technology, and a baseline mobile source emissions inventory. The expected outcomes include reduced annual emissions of NOx, PM2.5, SO2, and CO2; increased energy storage capacity and connectivity; and a workforce that is better skilled in the maintenance and operation of high voltage electrical equipment. The intended beneficiaries include the Port of Seward (grantee); ARRC (partner); Seward Company (partner), and Seward Electric (utility partner). Indirect beneficiaries include near -port communities which will experience reduced emissions. The subaward for the AVTEC program will fund the costs for creating a workforce development program at the local vocational school. This includes hiring instructors to create a instruction plan, creating the courses and advertising the courses with the administrative team at AVTEC, as well as purchasing the necessary equipment for students to have hands-on learning. 68 Resolution 2025-016 Administrative Conditions General Terms and Conditions 5Y - 02J92001 - 0 Page 5 The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa. gov/grants/epa-general-terms-and-conditions-effective-october-1-2024-or-later. These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms- and-conditions#general. A. Correspondence Condition The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses: • Federal Financial Reports (SF-425): rtpfc-grants@epa.gov • MBE/WBE reports (EPA Form 5700-52A): R10grants@epa.gov • All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: R10grants@epa.gov • Requests for Extensions of the Budget and Project Period, Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and deliverables, Amendment Requests, Requests for other Prior Approvals: carper.beth@epa.gov • Administrative questions and issues: davidson.lacey@epa.gov B. Intergovernmental Review Period In accordance with 40 CFR Part 29, EPA must allow for an intergovernmental review comment period on this grant program for grants that include construction or land use planning. Accordingly, the recipient may incur costs at its own risk but shall not draw down any funds for construction or land use planning until the intergovernmental review process is completed. This process includes successful resolution of any issues identified during the comment period. The term "land use planning" is defined in the EPA Financial Assistance Programs Subject to Executive Order 12372 and Section 204 of the Demonstration Cities and Metropolitan Development Act and Section 401 of the Intergovernmental Cooperation Act in RAIN-2021-G02 and construction is defined at 40 CFR 33.103. The recipient must provide evidence of submission of the project for intergovernmental review; the evidence should clearly indicate the date of submission. This evidence of submission must be sent by email to the EPA Grants Specialist with a courtesy copy to the Project Officer. The comment period will end 60 days from the aforementioned submission. 69 Resolution 2025-016 5Y - 02J92001 - 0 Page 6 Programmatic Conditions Grant Programmatic Terms and Conditions A. Final Approved Workplan and Modifications 1. Recipient agrees to carry out the project in accordance with the final approved workplan. 2. Recipients are required to report deviations from budget or project scope or objective, and must request prior written approval from the EPA for: a. any change in the scope or objective of the project (even if there is no associated budget revision requiring prior written approval); b. any change in a key personnel (including employees and contractors) that are identified by name or position in the Federal award specified in the application or workplan; the disengagement from the project for more than three months, or a 25% reduction in time and effort devoted to the Federal award over the course of the period of performance, by the approved project director or project manager; c. The inclusion of costs that require prior approval in accordance with 2 CFR Part 200 Subpart E—Cost Principles or 48 CFR part 31, "Contract Cost Principles and Procedures," as applicable; d. the transfer of funds budgeted for participant support costs to other budget categories as defined in 2 CFR Section 200.1 Definitions to other categories of expense; e. unless described in the final approved workplan and budget, the subawarding, transferring or contracting out of any work under the award; f. changes in the total approved cost -sharing provided by the recipient; or the need arises for additional Federal funds to complete the project. Requests for proposed modifications to the approved workplan or budget, including additions, deletions, or changes in the schedule, must be submitted in a timely manner to the EPA Project Officer for approval, to minimize project delays. Depending on the type or scope of changes, a formal amendment to the award may be necessary. Major project modifications which include changes to the approved types and number of partners and equipment, or to the approved project partners and location(s) may not be allowed. B. Performance Reporting and Final Performance Report B1. Performance Reports — Content In accordance with 2 CFR 200.329, the recipient agrees to complete and submit electronic performance reports using reporting template(s), including the approved Clean Ports Project Reporting Template (EPA Form Number: 5900-690 or future revisions, as applicable), which will be provided by the project officer. The purpose of performance reports is to provide updates on implementation of each project, including information on each of the following areas: 1. A comparison of accomplishments to the outputs/outcomes established in the assistance agreement work plan for the reporting period, including detailed technical information on new mobile equipment and electric charging and hydrogen fueling infrastructure deployed, and the retirement of older equipment, as appropriate; 2. The reasons why any established outputs/outcomes were not met; 3. Additional information, analysis and explanation of cost overruns or higher than -expected -unit costs. Additionally, the recipient agrees to notify the EPA when a significant development occurs that could impact the award. 70 Resolution 2025-016 5Y - 02J92001 - 0 Page 7 Examples of significant developments can include: • events that enable meeting milestones and objectives sooner or at less cost than anticipated; • events that produce different beneficial results than originally planned; or • problems, delays, or adverse conditions which will impact the ability to meet the milestones or objectives of the award, including outputs/outcomes specified in the assistance agreement work plan. If a significant development negatively impacts the award, the recipient must include information on their plan for corrective action and any assistance needed to resolve the situation. The final project report will include all categories of information required for semi-annual reporting, including a final, detailed description of all zero -emission technology deployment activities completed at each project location. The final project report will also include a narrative summary of the project and the successes and lessons learned for the entire project. B2. Performance Reports - Frequency Throughout the 4-year performance period, the recipient agrees to submit semi-annual performance reports electronically to the EPA Project Officer by the due date following the conclusion of each semi-annual reporting period. The semi-annual reporting periods are: January 1 — June 30: Report due date July 30. July 1 — December 31: Report due date January 30 Additional reporting may be required if the grant is extended or at the discretion of the EPA Project Officer. The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance. B3. Subaward Performance Reporting The recipient must report on its subaward monitoring activities under 2 CFR 200.332(e). Examples of items that must be reported are: 1. Summaries of results of reviews of financial and programmatic reports. 2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance. 3. Environmental results the subrecipient achieved. 4. Summaries of audit findings and related pass -through entity management decisions. 5. Actions the pass -through entity has taken to correct deficiencies such as those specified at 2 CFR 200.332(f), 2 CFR 200.208, and the 2 CFR Part 200.339 Remedies for Noncompliance. If the recipient is unable to obtain this information, the recipient must report to EPA why the information is not available. C. Cybersecurity Condition Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia 1. The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. 2.a. The EPA must ensure that any connections between the recipients network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined 71 Resolution 2025-016 5Y - 02J92001 - 0 Page 8 as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user -controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or the EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by the EPA's regulatory programs for the submission of reporting and/or compliance data. b. The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in 2.a if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or the EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(e), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and the EPA. D. Project Transparency The recipient agrees to engage with near -port communities about the project during the performance period. Examples of appropriate community engagement during the project period are outlined on pg. 45 of the Notice of Funding Opportunity. Community engagement activities conducted as part of the final approved workplan should be reported in performance reporting described in Programmatic Term and Condition B (Performance Reporting and Final Performance Report). 1. The recipient agrees to publicly share, such as on a webpage, a detailed written summary of the results of the emissions inventory and/or emission reduction plan included in the final workplan. E. Automated Standard Application Payments (ASAP) and Proper Payment Draw Down The recipient is subject to the Automated Standard Application Payments (ASAP) and Proper Payment Draw Down General Term and Condition. See the "Financial Information" section of the General Terms and Conditions. The recipient is required to notify the EPA Project Officer of draws from ASAP in excess of 50% of the award within a 24-hour period. The recipient is required to provide such notification within 3 business days of the draw amount being surpassed. The recipient is subject to the Management Fees General Term and Condition, which includes the following requirements that prohibit profit on the part of the recipient: 1. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. 2. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. See the "Selected Items of Cost" section of the General Terms and Conditions. F. Public or Media Events The recipient agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days' notice. G. Program Beneficiary Program beneficiaries must abide by requirements to ensure that the funds are used only for authorized purposes. 72 Resolution 2025-016 5Y - 02J92001 - 0 Page 9 H. Procurement Procedures As provided in 2 CFR 200.317, with limited exceptions, states and Indian Tribes must follow the same policies and procedures they follow for procurements financed with non -Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in §§ 200.318 through 200.327. In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards: §§ 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in §§ 200.318 through 200.327. The recipient must follow applicable procurement procedures. The EPA will not be a party to these transactions. If the EPA funds are used to purchase goods or services, recipient agrees to compete the contracts for those goods and services and conduct cost and price analyses to the extent required by the fair and open competition for procurement provisions of 2 CFR §§200.318 — 327. Approval of a funding application does not relieve recipients of their obligations to compete service contracts and conduct cost and price analyses. I. Quality Assurance Authority: Quality Assurance applies to all assistance agreements involving environmentally related data operations, including environmental data collection, production, or use. 2 CFR 1500.12 Quality Assurance. The recipient shall ensure that subawards involving environmental information that are issued under this agreement include appropriate quality requirements for the work. The recipient shall ensure sub -award recipients develop and implement a Quality Assurance (QA) planning document in accordance with this term and condition; and/or ensure sub -award recipients implement all applicable approved QA planning documents. 1. Quality Management Plan (QMP) a. Prior to beginning environmental information operations, the recipient must: i. Develop a QMP. This requirement can also be satisfied by integrating QMP elements into the QAPP developed under subsection 2. ii. Prepare the QMP in accordance with the current version of EPA's Quality Management Plan (QMP) Standard. Submit the document for EPA review, and iii. Obtain EPA Quality Assurance Manager or designee (hereafter referred to as QAM) approval. b. The recipient must submit the QMP 30 days before beginning environmental information operations and no more than 180 days after grant award. c. The recipient must review their approved QMP at least annually. These documented reviews shall be made available to the sponsoring EPA organization if requested. When necessary, the recipient shall revise its QMP to incorporate minor changes and notify the EPA PO and QAM of the changes. If significant changes have been made to the Quality Program that affect the performance of environmental information operations, it may be necessary to re -submit the entire QMP for re -approval. In general, a copy of any QMP revision(s) made during the year should be submitted to the EPA PO and QAM in writing when such changes occur. Conditions requiring the revision and resubmittal of an approved QMP can be found in section 6 of EPA's Quality Management Plan (QMP) Standard. 2. Quality Assurance Project Plan (QAPP) a. Prior to beginning environmental information operations, the recipient must: i. Develop a QAPP, ii. Prepare QAPP in accordance with the current version of EPA's Quality Assurance Project Plan (QAPP) Standard, 73 Resolution 2025-016 5Y - 02J92001 - 0 Page 10 iii. Submit the document for EPA review, and iv. Obtain EPA Quality Assurance Manager or designee (hereafter referred to as QAM) approval. b. The recipient must submit the QAPP 30 days before beginning environmental information operations and no more than 180 days after grant award. c. The recipient shall notify the PO and QAM when substantive changes are needed to the QAPP. EPA may require the QAPP be updated and re -submitted for approval. d. The recipient must review their approved QAPP at least annually. The results of the QAPP review and any revisions must be submitted to the PO and the QAM at least annually and may also be submitted when changes occur. For Reference: • Quality Management Plan (QMP) Standard and EPA's Quality Assurance Project Plan (QAPP) Standard; contain quality specifications for the EPA and non -EPA organizations and definitions applicable to these terms and conditions. • EPA QA/G-5: Guidance for Quality Assurance Project Plans: https://www.epa.gov/sites/default/files/2015-06/documents/g5- final.pdf • The EPA's Quality Program website has a list of QA managers, and specifications for EPA and Non -EPA Organizations. • The Office of Grants and Debarment Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance. J. Climate Resilience To the extent practicable, the recipient agrees to incorporate current and future climate change risk in planning, siting, design, and operation of the project. Approaches for incorporating climate change risk may make use of climate change data and information (e.g., projections and emission scenarios) that are reflective of the projects anticipated lifespan. This includes consideration of the climate change risks posed to the individuals, communities, local governments, organizations, or other entities served by the project over its anticipated lifespan. K. Use of Logos If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, the EPA logo must not be prominently displayed in a way that may imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that the City of Seward received financial support from the EPA under an Assistance Agreement. More information is available at: https: //www.epa.gov/stylebook/using-epa-seal-and-logo#policy L. Build America, Buy America (BABA) Requirements All projects under this competition are subject to the domestic sourcing requirements under the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, §§ 70911-70917) when using federal funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States. The Buy America preference requirement applies to all of the iron and steel, manufactured products, and construction materials used for the infrastructure project under an award for identified EPA financial assistance funding programs. These sourcing requirements require that all iron, steel, manufactured products, and construction materials used in Federally funded infrastructure projects must be produced in the United States, as defined in P.L 117-58 § 70912(6). The recipient must implement these requirements in its procurements, and this article must flow down to all subawards and contracts. For legal definitions and sourcing requirements, the recipient must consult EPA's Build America, Buy America website. 74 Resolution 2025-016 5Y - 02J92001 - 0 Page 11 Clean Ports Program grants are subject to the requirements of BABA, which requires applicants to comply with Buy America preference requirements or apply for a waiver for each infrastructure project. The following potentially eligible projects under this competition meet the definition of "infrastructure" and are subject to Buy America preference requirements under BABA: • Structures, facilities, and equipment that generate, transport, and distribute energy - including electric vehicle (EV) charging equipment. • Any other permanent public structure that meets the qualifies as "infrastructure" as addressed in OMB Memorandum M-24- 02 and 2 C.F.R. section 184.4(c). Questions regarding BABA applicability to specific Clean Ports Program projects should be submitted to BABA-OTAQ@epa. gov. When necessary and supported by rationale provided in P.L 117-58 § 70914, the recipient may submit a project -specific waiver request to EPA or notify EPA when using an existing waiver. The recipient should request guidance on submitting a BABA waiver request from the EPA Project Officer. A list of existing approved EPA waivers is available on the EPA Build America, Buy America website (including a waiver specific to the Clean Ports Program) at: https://www.epa.gov/cwsrf/build- america-buy-america-baba-approved-waivers. Please continue to monitor this website for further BABA guidance or any future EPA waivers that may impact the Clean Ports grants program. See EPA's "Build America, Buy America" general term and condition for additional requirements: https://www.epa. gov/grants/grant-terms-and-conditions. M. Eligible and Ineligible Project Costs 1. Project Implementation Costs: Eligible project costs include those costs directly related to the implementation, management, and oversight of the project, including the proportion of recipient and subrecipient personnel and benefit costs expended in relation to the award, equipment, contractual, travel, supplies, subgrants and rebates, and indirect costs. See 2 C.F.R. Part 200, Sections 200.412-200.415. 2. Zero -Emissions (ZE) Mobile Equipment Costs. a. Recipient shall only use assistance funding to purchase ZE mobile equipment that will directly serve at least one port for a minimum of three years. b. For purposes of this assistance program, a port is either a water port or a dry port, as defined below: i. Water port: places on land alongside navigable water (e.g., oceans, rivers, or lakes) with one or more facilities in close proximity for the loading and unloading of passengers or cargo from ships, ferries, and other commercial vessels. This includes facilities that support non-commercial Tribal fishing operations. ii. Dry port: an intermodal truck -rail facility that is included in the 2024 Federal Highway Administration's (FHWA) Intermodal Connector Database based on meeting the criteria set in 23 C.F.R. Part 470. These criteria include having more than 50,000 TEUs (20-foot equivalent units) per year or other units measured that would convert to more than 100 trucks per day, or comprising more than 20 percent of freight volumes handled by any mode within a State. c. For purposes of this assistance program, "zero emission" mobile equipment is that which: i. produces zero tailpipe emissions of any criteria pollutant, air toxics, or greenhouse gas other than water vapor; ii. has an onboard powertrain and is: • self-propelled by the powertrain; • intended to be propelled while performing its function; or 75 Resolution 2025-016 5Y - 02J92001 - 0 Page 12 • portable or transportable, meaning designed to be and capable of being carried or moved from one location to another (e.g., has wheels, skids, carrying handles, dolly, trailer or platform) and is moved as part of normal operations (i.e., it does not stay in one location for more than 12 consecutive months or the full annual operating period of a seasonal operation); and iii. is limited to electric and hydrogen fuel cell technologies for which there is an equivalent model with an internal combustion engine available in the marketplace. This definition is derived from the definitions of "Mobile sources" in 40 CFR § 51.491 and "Nonroad engine" in 40 CFR § 1068.30. d. Eligible project costs include the purchase and deployment of new eligible battery -electric or hydrogen fuel cell vehicles, vessels, powertrains, and other mobile equipment that directly serve at least one port for a minimum of three years according to the following minimum parameters for each mobile equipment category. i. Cargo handling equipment (terminal tractors, forklifts, top handlers, side picks, straddle carriers, etc.): at least 90% of annual usage (hours) will take place at the port(s) identified in the award. ii. Drayage Trucks: at least 100 visits/year will take place at the port(s) identified in the award. iii. Locomotives (switchers, railcar movers): (1) at least 75% of its annual usage (hours) will take place at the port(s) identified in the application, (2) shall visit the port(s) identified in the award on a minimum of 200 days per year, and (3) must exclusively perform short -haul runs between the port(s) identified in the award and a second point of rest, e. g., a terminal, interchange, or yard. iv. Harbor craft and other vessels (commercial and Tribal fishing vessels, tugs, ferries, patrol boats, workboats, dredges, pilot boats, barges, etc.): at least 60% of its annual usage (hours and port visits) will take place at the port (s) identified in the award. v. Other eligible mobile source equipment: at least 90% of annual usage (hours and operating days) must take place at the port(s) identified in the award. e. Mobile equipment must be human -operated and human -maintained. f. Recipient shall not use assistance funding for any of the following types of equipment or activities. i. Equipment which uses a non-ZE powertrain, including hybrid technologies powered in part by internal combustion engines, unless the non-ZE power source is mandated by safety regulations, and functions solely as a source of emergency backup power. ii. First -of -a -kind demonstration and pilot projects designed to determine the technical feasibility and economic potential of technologies at either a pilot or prototype stage. iii. Research and development projects. Research is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. Development is defined as the systematic use of knowledge and understanding gained from research, and directed toward the production of technologies, devices, systems, or methods, including design and development of prototypes and processes. iv. Ship modifications to allow vessels to accept shore -based electrical power, unless the modification is part of a project to replace the internal combustion engine(s) of a marine vessel with a ZE powertrain. v. Light -duty vehicles. vi. Expenses related to repowering and/or replacing engines for existing onroad vehicles. vii. Expenses related to replacing internal combustion engines in existing nonroad equipment, locomotives, and 76 Resolution 2025-016 5Y - 02J92001 - 0 Page 13 marine vessels with ZE powertrains where the updated nonroad equipment, locomotive, or marine vessel includes a non-ZE powertrain, unless the non-ZE power source is mandated by safety regulations, and functions solely as a source of emergency backup power. viii. Expenses related to replacing cabs, axles, paint, brakes, mufflers, or any other parts or materials that are not required to ensure the effective installation and functioning of the replacement of an internal combustion engine in existing nonroad equipment, locomotives, or marine vessels with a ZE powertrain. 3. Fueling Infrastructure Costs: a. Recipient agrees that any infrastructure purchased or installed using EPA assistance funding may only be used to purchase or install infrastructure which will directly serve at least one port, as defined above in M.2.b. for a minimum of three years and according to the following parameters: i. All infrastructure (except for vessel shore power) must directly serve eligible ZE mobile equipment purchased as part of the award. However, equipment not purchased as part of the grant may also utilize the fueling infrastructure. ii. Infrastructure serving any mobile equipment (besides drayage trucks and locomotives) must be located on -site or in close proximity to port facilities identified in the award. iii. Infrastructure serving drayage trucks or locomotives must be located on -site or in close proximity to port facilities identified in the applications, or at the first point of rest from the port facilities identified in the award (i.e., a terminal, depot, interchange, or yard where an eligible ZE mobile equipment purchased as part of the grant will fuel). b. Infrastructure must be human -operated and human maintained. c. For shore power projects, shore power -capable vessels docked at a berth where shore power is available must be required to turn off the vessel's engines and use the shore power system, with limited exceptions for extreme circumstances. d. Electric charging infrastructure must be located at or behind the meter (on the customer side) except for minor grid upgrades in front of the meter (utility side) if the work is necessary to connect an eligible charging station to the electric distribution network. e. Alternating Current (AC) Level 2 charging infrastructure must be EPA ENERGY STAR certified at the time of purchase. f. Electric charging infrastructure must meet the following installation requirements: Electricians installing, operating, or maintaining electric charging infrastructure purchased through this program are required to be certified under the Electric Vehicle Infrastructure Training Program or another program approved by the EPA in consultation with the Department of Labor and Department of Transportation, as will be reflected in the terms of this grant award. For projects requiring more than one electrician, at least one of the electricians performing each phase of the infrastructure work should meet the requirements above. g. Recipient agrees not to use EPA assistance funding for any of the following ineligible infrastructure costs: i. Front of the meter costs related to purchase or installation of electric infrastructure. This includes but is not limited to: major grid upgrades to utility -owned power distribution equipment (such as longer power line extensions, improvements to offsite power generation, bulk power transmission, or substations); transformers located on the utility side of the meter and their installation; and operation and maintenance performed on utility systems. ii. Infrastructure which relies on air polluting components (e.g., backup generators or auxiliary power units), unless the non-ZE component is mandated by safety regulations, and functions solely as an emergency backup power source. iii. Power generation systems (including non-renewable powered backup generators), except for solar and wind power generation systems that primarily power mobile equipment and which are located on land. 77 Resolution 2025-016 5Y - 02J92001 - 0 Page 14 iv. Hydrogen production systems (e.g., electrolyzers, conversion facilities), associated infrastructure, and their installation. v. Transmission (e.g., piping and pipelines) and/or transportation of hydrogen outside of the port. h. Marine shore power projects must meet applicable international shore power design standards (IEC/ISO/IEEE 80005-1: 2019/AMD 2:2023 High Voltage Shore Connection Systems or the IEC/PAS 80005-3:2014 Low Voltage Shore Connection Systems). i. Solar or wind power generation systems must be located on land in close proximity to the port facilities identified in the award; or at the first point of rest from the port facilities for infrastructure serving drayage trucks or locomotives. Offshore wind and floating solar/wind infrastructure purchases and installation are not permitted. 4. Ineligible Technology Deployment Support Costs: The recipient may not use EPA assistance funding for the following purposes: a. Feasibility assessment of ZE technology. Technology feasibility assessment is a preliminary exploration of a candidate technology to determine its merits and viability for successful deployment in regular service. A feasibility assessment can include the evaluation of key technical, operational, labor, economic, legal/regulatory, and deployment (timeline/schedule) issues. Feasibility assessment results are used to create a realistic project plan, schedule, and budget. [These activities are eligible for funding in the separate NOFO for Climate and Air Quality Planning projects under Funding Opportunity Number EPA-R-OAR-CPP-24-05. However, please note that applicants requesting funding for technology deployment under this ZE Technology Deployment Competition are expected to have conducted necessary feasibility assessments prior to applying and should not be planning to conduct further feasibility assessments prior to deployment.] b. Costs for resiliency measures not directly related to protecting equipment purchased as part of the grant award from extreme weather events. c. Leasing vehicles or equipment. If financing is necessary, the purchase should be financed with a conventional purchase loan. d. Fuel and electricity expenses. 5. Other Ineligible Costs: As proscribed in Section 825 of the National Defense Authorization Act, no funds may be awarded to an entity that uses in part or in whole: the national transportation logistics public information platform (commonly referred to as `LOGINK'); any national transportation logistics information platform provided by or sponsored by the People's Republic of China, or a controlled commercial entity; or a similar system provided by Chinese state -affiliated entities. N. Program Audit In addition to the provisions of EPA's General Terms and Conditions which relate to audits and access to records, the recipient agrees to comply with random EPA reviews of the recipient to protect against waste, fraud, and abuse. As part of this process, EPA, or its authorized representatives, may request copies of grant documents from prior recipients who have received grants, or may request documentation from current recipients and sub-awardees, to verify statements made on the application and reporting documents. Recipients may be selected for advanced monitoring, including a potential site visit to confirm project details. EPA, or its authorized representatives, may also conduct site visits to confirm documentation is on hand and that purchased equipment and infrastructure is in service at the ports named in the award, as well as confirm applicable infrastructure adheres to Build America, Buy America (BABA) requirements (see BABA Programmatic Term and Condition for more details). Recipients are expected to comply with site visit requests and recordkeeping requirements and must supply EPA with any requested documents for as long as the records are retained, or risk cancellation of an active grant application or other enforcement action. O. Record Retention Recipients must keep all financial records, supporting documents, accounting books and other evidence of Grant Program activities for three years from the date of submission of the final financial report. If any litigation, claim, or audit is started before the expiration of the three-year period, the recipient must maintain all appropriate records until these actions are 78 Resolution 2025-016 5Y - 02J92001 - 0 Page 15 completed and all issues resolved. P. Operation and Maintenance The recipient will ensure the continued proper operation and maintenance of equipment and devices funded under this agreement. Such equipment and infrastructure shall be operated and maintained for the expected lifespan of the specific measure and in accordance with commonly accepted design standards and specifications. The recipient shall include a provision in every applicable sub -agreement (subgrant or contract) awarded under this grant requiring that the equipment and devices funded under this agreement be properly operated and maintained. Likewise, the sub -agreement will assure that similar provisions are included in any sub -agreements that are awarded by the sub -recipient. Q. Foreign Entity of Concern 1. As part of carrying out this award, recipient agrees that they are not: a. an entity owned by, controlled by, or subject to the direction of a government of a "covered nation" as defined at 10 U.S.C. § 4872(d); b. an entity headquartered in a "covered nation" as defined at 10 U.S.C. § 4872(d); or c. a subsidiary of an entity described in (A) or (B). Note: Paragraph 1 applies to the recipient of this award only and not subrecipients. 2. Additionally, awarded funds may not be used by the recipient or subrecipients for the purchase of a crane manufactured by (A) any entity owned by, controlled by, or subject to the direction of a government of a covered nation "covered nation" as defined at 10 U.S.C. § 4872(d); or (B) any entity headquartered in a covered nation "covered nation" as defined at 10 U.S.C. § 4872(d). As of the date these terms and conditions become effective, covered nations under 10 U.S.C. § 4872(d) are the Democratic People's Republic of North Korea; the People's Republic of China; the Russian Federation; and the Islamic Republic of Iran. R. Emissions Inventories The recipient agrees to follow the EPA's Port Emissions Inventory Guidance, when developing the emissions inventories included in the workplan. This guidance may be found at: https://www.epa.gov/ports-initiative/port-and-goods-movement- emission-inventories. S. Competency Policy Competency of Organizations Generating Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency -Funded Assistance Agreements, Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre -award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the policy is available online at https://www.epa.gov/sites/default/files/2017- 05/documents/policy_to_assure_the_competency_of_organizations.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. Reference: https://www.epa.gov/sites/default/files/2017-05/documents/policy_to_assure_the_competency_of_organizations. pdf T. Mandatory Cost Share Requirement 79 Resolution 2025-016 5Y - 02J92001 - 0 Page 16 This award and the resulting federal funding share (as shown under "Notice of Award" in the award document) is based on estimated costs requested in the recipient's final approved workplan. While actual total costs may differ than those estimates, the recipient is required to provide no less than the cost -share percentages outlined below, as applicable, of the final Zero - Emission (ZE) Technology Deployment Grant Competition costs. The EPA's participation shall not exceed the total amount of federal funds awarded or the maximum federal cost -share percentages outlined below, as applicable, of the final equipment costs. Recipients must satisfy any applicable cost share requirements with allowable costs as set forth in 2 CFR § 200.306. The cost share requirement is as follows: Tier B (Water or Dry Ports): EPA Share of Total Project Cost (Maximum) = 90%, Mandatory Cost Share of Total Project Costs = 10% Total Project cost refers to total allowable costs incurred under a Federal award and all required cost sharing and voluntary committed cost sharing, including third -party contributions. Y. Equipment Disposition Equipment purchased under this award must directly serve the port(s) identified in the award for a minimum of three years. After this period of time, in accordance with 2 CFR 200.313, when original or replacement equipment acquired under this agreement is no longer needed for the original project or program or for other activities currently or previously supported by the EPA, the recipient must request disposition instructions from the EPA Project Officer. Disposition instructions will be one of the following: 1. Equipment with a current fair market value of $10,000 or less (per unit) may be retained, sold, or otherwise disposed of with no further obligation to the EPA or pass -through entity. 2. Except as provided in 2 CFR 200.312(b), or if EPA or the pass -through entity fails to provide requested disposition instructions within 120 days, items of equipment with a current fair market value in excess of $10,000 (per unit) may be retained or sold by the recipient or subrecipient. EPA is entitled to an amount calculated by multiplying the percentage of the EPA's contribution towards the original purchase by the current market value or proceeds from the sale. If the equipment is sold, EPA or the pass -through entity may permit the recipient or subrecipient to retain, from the Federal share $1,000 of the proceeds, to cover expenses associated with the selling and handling of the equipment. 3. The recipient or subrecipient may transfer title to the property to the Federal Government or to an eligible third party provided that the recipient or subrecipient must be entitled to compensation for its attributable percentage of the current fair market value of the property. 4. In cases where a recipient or subrecipient fails to take appropriate disposition actions, EPA or the pass -through entity may direct the recipient to take disposition actions. Z. Davis -Bacon and Related Acts (DBRA) Term and Condition 1. Program Applicability a. Program Name — Clean Ports Program b. Statute requiring compliance with Davis -Bacon — Clean Air Act Section 314 c. Activities subject to Davis -Bacon — any construction activities funded by this grant. d. The recipient must work with the appropriate authorities to determine wage classifications for the specific project(s) or activities subject to Davis Bacon under this grant (or cooperative agreement). 2. Davis -Bacon and Related Acts Davis -Bacon and Related Acts (DBRA) (https://www.dol.gov/agencies/whd/government-contracts/construction) is a collection of labor standards provisions administered by the Department of Labor, that are applicable to grants involving construction. 80 Resolution 2025-016 5Y - 02J92001 - 0 Page 17 These labor standards include the: • Davis -Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics on construction contracts of $2,000 or more • Copeland "Anti -Kickback" Act, which prohibits a contractor or subcontractor from inducing an employee into giving up any part of the compensation to which he or she is entitled; and • Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for over 40 hours of work per week, under contracts in excess of $100,000. 3. Recipient Responsibilities When Entering Into and Managing Contracts: a. Solicitation and Contract Requirements: i. Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts. ii. Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant: "By accepting this contract, the contractor acknowledges and agrees to the terms provided in the DBRA Requirements for Contractors and Subcontractors Under EPA Grants." b. After Award of Contract: i. Approve and Submit Requests for Additional Wages Rates: Work with contractors to request additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(a)(1)(iii). ii. Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions: Ensure contractor compliance with the terms of the contract, as required by 29 CFR 5.6. 4. Recipient Responsibilities When Establishing and Managing Additional Subawards: a. Include DBRA Requirements in All Subawards (including Loans): Include the following text on all subawards under this grant: "By accepting this award, the EPA subrecipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements for EPA Subrecipients." Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for oversight of subrecipients and must ensure subrecipients comply with the requirements in 29 CFR 5.6. AA. Subawards to For -Profit Entities 1. In addition to the EPA General Term and Condition "Establishing and Managing Subawards", the recipient (i.e. "pass - through entity") agrees to require that for -profit subrecipients comply with Subparts A through F of the Uniform Grant Guidance (2 CFR Part 200) and the Federal cost principles applicable to for -profit entities located at 48 CFR Part 31, with the exception of the method of payment to for -profit subrecipients must be "reimbursement" rather than "advance". Pass -through entities must obtain documentation that the for -profit subrecipient has incurred eligible and allowable costs prior to releasing EPA funds to the subrecipient. 2. The recipient is authorized to provide subawards to for -profit entities as included in the EPA -approved Workplan. The recipient agrees to require that for -profit entities that receive such subawards: a. Can only recover their eligible and allowable direct and indirect costs from EPA -funded activities, including recovering the 81 Resolution 2025-016 5Y - 02J92001 - 0 Page 18 portion of their overhead costs attributable to the activities by applying either a Federally approved indirect cost rate, as authorized by 2 CFR 200.414(f), or the de-minimis rate if the subrecipient does not have a Federally approved rate; b. Comply with the Management Fees General Term and Condition, which is incorporated by reference into the Establishing and Managing Subawards General Term and Condition; c. Account for and use program income under the rules for program income pursuant to 2 CFR § 300.307 and 2 CFR § 1500.8(b) and the terms and conditions of the award agreement; d. Be subject to the same requirements as non-profit subrecipients under 2 CFR Part 200 Subparts A through E; and e. Select an independent auditor consistent with the criteria set forth in 2 CFR 200.509 and obtain an independent audit substantially similar in scope and quality to that of the Single Audit (see 2 CFR 200.500 et. seq.); the subrecipient must submit the audit to the recipient within 9 months of the end of the recipient's fiscal year or 30 days after receiving the report from an independent auditor, whichever is earlier; as provided in 2 CFR 200.337(a) the recipient must provide EPA, the EPA Office of Inspector General, and the Comptroller General with access to the subrecipient's independent auditor reports. BB. Program Income In accordance with 2 CFR Part 200.307 and 2 CFR 1500.8(b), the recipient is hereby authorized to retain program income earned during the project period, subject to the following. Program income means gross income earned by the recipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Any program income shall be used to finance: 1) the non -Federal share of the project costs, and/or 2) other program eligible project activities. Program income used for other program eligible project activities is added to the total allowable costs for use under the terms and conditions of the grant or subaward, increasing the overall total amount of the Federal award. The recipient must provide as part of its semi-annual and final performance reports, a description of how program income is being used. Further, a report on the amount of program income earned during the award period must be submitted with the annual Federal Financial Report, Standard Form SF-425. The recipient must retain adequate accounting records to document that any costs deducted from program income comply with regulatory requirements. CC. Historic Preservation National Historic Preservation Act (NHPA) Section 106 of the NHPA requires all federal agencies to consider the effects of their undertakings, including the act of awarding a grant or cooperative agreement, on historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on such undertakings. The recipient must assist the EPA Project Officer in complying with NHPA if any activities funded under this grant impact a historic property. Historic properties include: (a) land or buildings listed in or eligible for listing on the National Register of Historic Places; (b) archaeologically sensitive areas or in an area where traditional cultural properties are located; and (c) properties that are associated with significant historic events, are associated with significant people, embody distinctive characteristics, and contain important precontact information. The recipient should work with their Project Officer to ensure that subrecipients are available to work with EPA on any required consultation process with the State or Tribal Historic Preservation Office prior to commencing the project to ensure compliance with Section 106 of the NHPA. If NHPA compliance is required, necessary Section 106 consultation activities, such as historic or architectural surveys, structural engineering analysis of buildings, public meetings, and archival photographs, can be considered allowable and allocable grant costs. 82 Resolution 2025-016 5Y - 02J92001 - 0 Page 19 Archeological and Historic Preservation Act (AHPA) This law applies if archeologically significant artifacts or similar items are discovered after an EPA -funded construction project has begun, and compliance may be coordinated with the NHPA, discussed above. The AHPA requires federal agencies to identify relics, specimens, and other forms of scientific, prehistorical, historical, or archaeologic data that may be lost during the construction of federally -sponsored projects to ensure that these resources are not inadvertently transferred, sold, demolished or substantially altered, or allowed to deteriorate significantly. The recipient must ensure that subrecipients performing construction projects are aware of this requirement, and the recipient must notify EPA if the AHPA is triggered. II. Other Federal Requirements In addition to other statutes outlined in these programmatic terms and conditions, the recipient must comply with all federal cross -cutting requirements. These requirements include, but are not limited to: • Endangered Species Act, as specified in 50 CFR Part 402: Non -Federal entities must identify any impact or activities that may involve a threatened or endangered species. Federal agencies have the responsibility to ensure that no adverse effects to a protected species or habitat occur from actions under Federal assistance awards and conduct the reviews required under the Endangered Species Act, as applicable. • Federal Funding Accountability and Transparency Act: Recipients of financial assistance awards must comply with the requirements outlined in 2 CFR Part 170, Reporting Subaward and Executive Compensation and in the General Term and Condition "Reporting Subawards and Executive Compensation." • Farmland Protection Policy Act: This statute requires EPA to use criteria developed by the Natural Resources Conservation Service (NRCS) to identify the potential adverse effects of Federal programs on farmland and its conversion to nonagricultural uses, to mitigate these effects, and to ensure that programs are carried out in a manner that is compatible with the farmland preservation policies of state and local governments, and private organizations. Recipients may need to work with EPA or NRCS, as appropriate, to ensure compliance. • Coastal Zone Management Act: Projects funded under federal financial assistance agreements must be consistent with a coastal State's approved management program for the coastal zone. END OF DOCUMENT 83 "EPA United States `r Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 ENVIRONMENTAL PROTECTION AGENCY (EPA) 2024 CLEAN PORTS PROGRAM: ZERO -EMISSION TECHNOLOGY DEPLOYMENT COMPETITION Notice of Funding Opportunity (NOFO): EPA-R-OAR-CPP-24-04 PROJECT NARRATIVE I. COVER PAGE Project Title Port of Seward Vessel Shore Power Implementation Applicant Information Applicant Name/Organization: City of Seward, Alaska Address (Street, City, State, Zip): 410 Adams Street, Seward, AK 99664 Contact Name, Title/Role, Phone Number, and Email Address: Kat Sorensen, City Manager, 907-224-4012, ksorensen@cityofseward.net Type of Eligible Applicant Port authority Air pollution control agency _ X State, regional, or local agency Private entity meeting the _ with jurisdiction over a port requirements in Section III.A. authority or a port Tribal agency with jurisdiction over a port authority or a port Budget Summary EPA Funding Requested Applicant Costs Total Project Cost $45,732,040 $5,081,338 $50,813,378 Project Location(s) Name of Port(s) (or other project location and port(s) served): Port of Seward, [Alaska Railroad (ARRC) Terminal Reserve] Name of Port Authority, if applicable: ARRC Owner, City of Seward (Home Rule Municipality) County, City, State: Kenai Peninsula Borough, Seward, Alaska Percent of time/activity in each county: 100% X Small water port Dry port Project Period Project Start Date: January 1 2025 Project End Date: December 31 2028 Short Project Description The project will install shore power equipment at two passenger vessel berths in the City of Seward, provide the electrical power to support its operations, and install a battery energy storage system (BESS) to supplement the electrical grid during peak periods in an effort to reduce vessel emissions while in port. Please indicate which of the following ZE port equipment and infrastructure types are included in the project: Drayage trucks X Vessel shore power infrastructure handling equipment & Hydrogen fueling infrastructure _Cargo other nonroad or wind power generation _Solar Locomotives X Battery energy storage system Vessels Other (please specify) _ Electric vehicle supply equipment Other Potential Federal Funding Sources N/A Use of Logistics Software Does the applicant use LOGINK or any other prohibited logistics platform as described in Section III.D. of the NOFO? Yes X No PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM t54 "EPA United States •fir Environmental Protection Agency II. WORKPLAN Section 1 - Project Summary and Approach a. Overall Project and Proposed Impact Background The City of Seward is requesting $45,732,040 of grant funding to complete a $50,813,378 project as part of the Environmental Protection Agency (EPA) Clean Ports Program: Zero -Emission Technology Deployment Competition (EPA-R- OAR-CPP-24-04) for the Port of Seward Vessel Shore Power Implementation Project (the "Project"). The grant funding request represents 90% of the anticipated project cost to install electric shore power technology and associated infrastructure upgrades, such as a short extension of the electric transmission line to reach the port, switchgear and a battery energy storage system (BESS), at two passenger berths at the Port of Seward, Alaska to reduce greenhouse gas emissions from cruise vessels while berthed. The City of Seward, as a local agency with jurisdiction over a port (the Port of Seward), is the eligible applicant. In addition to having jurisdiction over the port, the City also operates the local electric utility. Located at the head of Resurrection Bay on Alaska's Kenai Peninsula, the City of Seward was founded in 1903 as the ocean terminus of the Alaska Central Railway (now known as "The Alaska Railroad"). Incorporated in 1912, Seward is surrounded by snow-capped mountains and is Alaska's only deep - water, ice -free port with rail, highway and air transportation to the state's interior and major population centers. Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 The area extending from Seward inland is known as the "Railbelt" electric grid. In addition to containing roughly 75% of Alaska's population, the Railbelt also serves five military bases, each of which is strategically important to U.S. national security, as outlined in the White House's Indo-Pacific Strategy.1 These bases support national defense through various capabilities, including airborne infantry, military intelligence, missile defense, and global telecommunications, among others. Alaska's extensive mining operations, including rare earth metals critical to national security, further underscores the Railbelt's importance to both the state and national economies. The City of Seward, the southern terminus of both the Railbelt and the Alaska Railroad, is a vital hub for fishing, freight, and tourism. It is home to the Alaska Sealife Center and the University of Alaska's (UAF) Seward Marine Center, the state's premier marine research facility, which includes the home port of the 261- foot UAF research vessel R.V Sikuliaq. The Alaska Railroad Corporation ("ARRC") is a public corporation owned by the State of Alaska, chartered to own and operate the Alaska Railroad as a common carrier railroad under Alaska Statute 42.40. Among many other 1 U.S.-Indo-Pacific-Strategy.pdf (whitehouse.gov) PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM 00 "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 functions, ARRC provides scheduled passenger train service between Anchorage and Seward and owns approximately 328 acres in a land reserve in Seward, which is used primarily for train operations, includes the Seward Cruise Ship Terminal facilities, the docks and adjacent uplands to support intermodal operations collectively known as the Seward Marine Terminal. The Seward Marine Terminal was first established at its current location in 1964 following the Good Friday earthquake. The first infrastructure asset constructed on the site is what is now known as the Passenger Dock and the Dale R. Lindsey Intermodal Terminal Building. At present, these facilities provide services for a range of cruise lines that land at Seward during the summer cruise season. During the 2024 cruise season, 85 vessels will call on the Port of Seward with an average stay typically ranging between 10 and 16 hours. While that is the average, the Viking Orion will spend three days at the Port of Seward on five separate occasions this season alone. These long -duration stops require significant fuel consumption and generate substantial emissions that could be avoided with the use of shore power. The Port of Seward is looking to become a green port and reduce mobile source emissions associated with port operations. The cruise industry is a significant economic driver in the region, and as the cruise industry continues to grow, the Port recognizes its responsibility to balance economic growth with sustainability. Eliminating at -berth emissions by utilizing clean electricity is a major strategy for reducing greenhouse gas emissions and meeting this goal of becoming a green port. While ships are docked, they still need energy to run lights, chill food, operate equipment, and power a myriad of other onboard services. A shore power connection will allow cruise ships to plug into cleaner, landside electrical power and turn off their diesel engines, reducing both diesel fuel consumption and related emissions. In addition to reducing green house gas emissions, shore power in the Seward community will increase kw/h electricity usage from the locally -owned municipal electric utility. The increased usage of electricity allows for more efficiencies in the electrical system and will allow for a decrease in rates for the entire Seward community. As a small, coastal Alaska community, Seward suffers from a high cost -of -living. This is especially seen in utility pricing. Implementing shore power in the Seward community will bring two results - decreasing power costs for Seward -area residents and decreasing emissions. Proposed Project Activities The Project will provide the necessary infrastructure upgrades required to supply electrical power from the city - owned and operated local electric grid to the passenger dock and install all necessary electric shore power equipment to serve both berths at the new passenger dock at the Port of Seward. Each vessel that calls on the Port of Seward currently utilizes either coal engines or diesel generators, which release air toxins and greenhouse gases (GHGs) into the atmosphere, adversely affecting the local communities and reducing overall air quality in the City of Seward. In an effort to reduce these emissions and improve air quality for all, shore power infrastructure will be installed at the facility to supply necessary power through the local electrical grid rather than shipboard fuel. Seward is linked to the Railbelt electric grid by a single 115kV transmission line extending from the Fort Raymond generating plant to the Daves Creek substation, near the intersection of the Seward and Sterling Highways. The City of Seward also maintains a 15.6MW backup generation facility at Fort Raymond to safeguard against grid disruptions. To accommodate increased port demand, we propose a shore power feed tapped directly from the 115kV system near Fort Raymond. The line would run east across the Seward Highway to a new 115kV to 12.5kV substation near the intersection of Port Avenue and Z Float Road. The power would be PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM tSb "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 converted to 12.5kV and routed underground to the shore power facilities for the sole use by the Port of Seward. This proposal includes the initial feed, power transformation, and the necessary breakers and switches to allow for safe operations. All work will be abide by the Davis -Bacon Act and the Build America, Buy America Act when applicable. Figure 1: Conceptual Electrical Layout .!; P-IMARY METE9NG FOR SHORE POWER The shore power system will deliver power to vessels utilizing an International High Voltage Shore Connection standard outlet configuration [IEC/IEEE 80005-1 (Standard)] and a cable management system [including a Cable Positioning Device (CPD)]. The proposed Project will include one 11kV feeder circuit breaker and one 6.6 kV feeder circuit breaker. These are the typical industry accepted voltages, with 11kV being the newer standard used by large cruise lines, and 6.6kV used by older fleets, sometimes including cargo ships and naval vessels. The installation of each feed, with switching capabilities, will allow the Port of Seward to service any shore power capable vessel that calls. The existing and proposed layout of the dock infrastructure are shown in Figure 2. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM "EPA United States •fir Environmental Protection Agency Figure 2: Existing and Proposed Dock Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 UPLANDS L BD PARCEL G.S9+ ACRES MI NNN' bUIL01PJG FA,STI X FWE..OrK 7WELAND5 LAND PARCEL 28.69t ACHES SPfE PIfN IIEY CROICRIMELPES 55,1 Typical demand from passenger vessels serving the US market are approximately 1.5-2.5 megavolt amperes (MVA). The Project will include primary metering equipment, primary and secondary equipment in the new pier, a transformer, 2-stage capacitor bank, connection sawtooth boxes and mobile CPD to support two complete shore power systems at the Port of Seward passenger dock. Both sides of the dock will be shore - powered, meaning that up to two vessels may be able to dock and use shore power at the same time (pending vessel size). Shore power systems have had successful implementations in locations across the country, including six years of operations at the Port of Long Beach, 20 years in Juneau, and nearly 20 years at the Port of Seattle, which has recently expanded to additional berths due to proven success. The City of Seward will competitively bid this project and will follow the federal procurement policy in 2 CFR 200. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM :.EPA United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 In addition to the shore power infrastructure, the City of Seward intends to install a Battery Energy Storage System (BESS) to supplement the existing utility grid. While the final location of the BESS system has not been determined, it is expected to be placed somewhere between the new substation and the passenger dock. BESS will enhance grid stability and energy management for the shore power system. The system will be modular, initially consisting of eight (8) batteries providing 12MW storage capacity. This system will provide the capability to collect and store electricity during lower demand periods to supplement energy needs during peak periods — a process known as "peak shaving." The BESS will allow for collection of electricity at times when demand and associated distribution cost are lower, to be stored for use during higher demand periods to supplement the existing grid production. The availability of this stored electricity will allow vessels to continue utilizing shore power during times when the existing electrical grid may otherwise be unable to support continued power distribution, thus increasing vessel ability to remain connected to shore power as opposed to relying on diesel fuel. BESS systems for peak load shaving adjustments have been tested and utilized in various capacities throughout the world for nearly 20 years in building construction and in the maritime industry. The National Electric Code includes sections on energy storage systems and IEEE also has a series of standards to be utilized when designing and implementing BESS.2 BESS has been successfully utilized in the European maritime industry, with the European Maritime Safety Agency including step-by-step guidance on how to plan for and include BESS in the use of shore -side electricity.' Summary of equipment and infrastructure to be purchased and installed includes: Two vessel shore power pedestals 115kV line extension; step-down conversion from 230kV One 11kV feeder circuit breaker and one 6.6 kV feeder circuit breaker Transmission line upgrades to support shore power Mobile Cable Positioning Device (CPD) to enable connection to all vessel types and sizes The City of Seward will competitively bid the BESS and follow procurement policies from 2 CFR 200. Meeting Program Goals and Objectives Transition to ZE Operations and Reducing Mobile Source Pollution The installation of vessel shore power and a BESS are two key steps in the Port of Seward's commitment to being a green port, reducing GHG emissions and mobile source pollution in near -port communities while also serving as a catalyst for transformational change across the industry. The Port of Seward has set a goal of 100% shore power utilization. Overall, the Port of Seward's efforts to become a green port are a positive step toward a more sustainable future for the region. By prioritizing environmentally friendly practices and committing to reducing emissions, the Port is setting a strong example for other ports and industries to follow. Meaningful Community Engagement Seward is committed to meaningful community engagement as further detailed in Section 4. 2 Implementing Energy Storage for Peak -load Shifting I Cat 1 Caterpillar https://www.emsa.europa.eu/component/flexicontent/download/7257/4799/23.html PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM 6 :.EPA United States Environmental Protection Agency b. Partnerships and Collaboration The City of Seward is collaborating with several other parties, including Alaska Vocational Technical Center and the Seward Company to implement the various aspects of this Project. The Seward Company has committed to providing the required 10% cost share to match anticipated grant funds!' The City of Seward recognizes that they will be responsible for the 10% match if the Seward Company commitment changes at any point in time. The City of Seward, as a local agency with jurisdiction over the Port of Seward, is the eligible applicant for purposes of this application. The City of Seward will be responsible for carrying out the grant activities if this application is selected for funding and Appendix B of the NOFO is not applicable. Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 To ensure partner performance throughout the Project, the group proposes a series of steps, including: Ongoing project meetings, effective planning with corresponding larger port projects, clear lines of communication between all parties on the experienced project team; and Regular monitoring of the construction contract for the dock replacement project. For additional documentation, see the Letter of Commitment from the Seward Company aewara electric Seward Electric Utility is a municipally owned utility operated by the City of Seward and is responsible for power distribution throughout the city, including to the Port. As a municipality owned utility, Seward electric is fully committed to Project implementation and relevant staff members have been identified as part of the project team and have provided input as to the feasibility and estimated requirements to support needs for this project application. As part of the applicant organization, the optional Utility Coordination Document was not deemed relevant for this particular project. c. Coordination with Complementary Initiatives Operated by five load -serving electric utilities, the Railbelt is the largest regional electric grid in Alaska, stretching over 700 miles and serving approximately 75% of Alaska's population. As a municipally -owned electric utility, the City of Seward serves 3,000 residential and commercial customers throughout the Seward area. Seward has power generation ability but serves its customers through a power supply contract with Chugach Electric Association (CEA). CEA is a member -owned cooperative that owns and operates generation, transmission, and distribution of electricity within the region. Since the electric utility is municipally owned, it does not generate income. The addition of shore power to Seward's electric grid would further benefit the Seward community by bringing down the electricity rates through economy of scale. The current electric supply to the Railbelt is approximately 80% fossil fuel and 20% renewable (primarily hydropower). Initiatives are in place to convert to 80% renewable energy statewide by 2040. In consultation with utilities and Alaskan energy stakeholders, the Alaska Center for Energy and Power (ACEP) is exploring and quantifying pathways to reducing the Railbelt's grid -based carbon emissions while also maintaining reliable and affordable electricity for Alaskans.' ACEP is currently studying ways for the Railbelt electrical system to move toward zero net carbon emissions by 2050; the first phase of the study focuses on technical and economic See the Letter of Commitment that has been included in the application package for further details. Railbelt Decarbonization I ACEP (uaf.edu) PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yu "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 feasibility of various technologies. The study provided conceptual analysis of various decarbonization scenarios, including identification of potential challenges and mitigation strategies as renewable energies are incorporated into the system. At a more local level, ARRC initiated the Seward Marine Terminal Expansion Planning Project also known as RailportSeward) in 2015 to evaluate existing and anticipated long-term needs at the Seward Marine Terminal. This effort involved three separate studies: Passenger Traffic, Freight Traffic, and Transportation Connectivity, which were combined into a single Master Plan document, issued in 2017. The Master Plan' identified the need to replace the aging passenger dock and construct a new passenger terminal building and associated facilities. The passenger dock replacement plan includes a significant financial investment to replace the existing fixed dock and terminal building with a new floating dock, passenger terminal facilities and upland improvements to enhance operational efficiency and mitigate against the impacts of climate change to allow continued operation well into the future. This project will construct a new, floating 100-foot-wide by 748-foot-long floating double - berth pier which will be complemented by a 200-foot-long transfer span for passengers boarding and alighting. The project also includes a new 68,500 square foot cruise terminal with 41,500 square feet of indoor space and 27,000 square feet of covered outdoor space to accommodate anticipated cruise passenger traffic for the next 50 years. The new terminal is designed with the most current technology to construct a new healthy, efficient and cost -saving green building replacing the existing facility that is over 60 years old and originally constructed as a freight warehouse. In tandem with this forward -looking dock replacement project, the City of Seward are looking to install shore power capabilities at both berths to enhance environmental sustainability by significantly reducing, and potentially eliminating vessel emissions while berthed. The proposed grant Project will further modernize this new dock with electric shore power infrastructure to support sustainable operations. The Port of Seward is also implementing other sustainable practices, such as the Freight Dock expansion project, ARRC trains plugging into their own locomotive shore power system at the rail depot for the eight (8) hours they are in Seward, promoting waste reduction and recycling, the use of environmentally friendly cleaning products, and supporting local businesses that prioritize sustainability. The Freight Dock replacement project (funded with a Port and Infrastructure Development Program grant) will relieve both dock and port congestion, increase cargo transfer and storage efficiencies, reduce idle time for vessels waiting to berth and load or unload, and reduce fuel consumption of vessels circling in the bay waiting for a berth and by keeping more ships in Seward for long term services rather than forcing them to faraway ports like Anchorage. The transition to becoming a green port is not only important for the environment, but also for the community. By reducing harmful emissions and promoting sustainability, the Port of Seward is helping to protect the health and well-being of residents and visitors alike. Additionally, by taking a leadership role in sustainability, the Port is positioning itself as a forward -thinking and responsible partner in the cruise industry. The Port is committed to working with cruise lines to help them meet their own sustainability goals and reduce overall environmental impact. 6 MASTER PLAN.pdf (alaskarailroad.com) PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yI :.EPA United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 d. Project Risk Mitigation Any infrastructure project comes with potential risks. A description of those risks identified to date and potential mitigation strategies are provided in Table 1. Table 1: Anticipated Project Risks and Mitigation Strategies Project Risks and Mitigation Strategies Risk (Category — Issue) Technical — Technology / System integration Potential Impact (delay, interruption, cost, effectiveness, etc.) Emerging technologies and system integration may pose challenges for System integration engineering Mitigation Strategy The shore power and BESS technologies that Seward plans to utilize are currently in place in other locations, providing available lessons learned. A further mitigation strategy is to hire an experienced contractor for project implementation. Technical — Technology Availability Financial — Funding sources Certain zero emission equipment may not be available in a timely manner, or at all, from US manufacturers, thus not meeting the BABA requirements. The Project will require a combination of federal and non-federal funding to succeed. If one of the anticipated funding sources falls through, the Project will be delayed until additional funding can be secured. The EPA has released a temporary waiver to cover some of the equipment. The manufacturer of the mobile shore power unit is included in this waiver. The manufacturer is working to maintain BABA compliance, and the Port is in regular contact to retain awareness of the potential pending equipment procurement. The Seward Company has committed to providing the non-federal cost -share for this Project and will adhere to all grant parameters. Financial — Reasonableness of Contractor Bids and Potential Cost Overruns As the use of federal funds will require competitive bidding to implement the Project, there is a risk that no reasonable bids will be received or that cost overruns will be incurred during project implementation. Project parties have substantial experience implementing federally funded projects and have positive experiences on previous projects. Robust project management strategies and established best practices for project implementation and monitoring of spending minimize this risk. Security — Cybersecurity and Associated Threats The implementation of any new technology and system tracking or reporting mechanisms carries a risk of security breaches, both cyber and physical, which can interrupt the overall Project. The Port has Facility security plan approved by USCG and does not believe that there are any significant risks to project implementation. Execution — Contractor Availability Construction and installation of shore power technology requires a specific skillset and qualified contractors who A study of available resources has been undertaken to identify available resources. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM :.EPA United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Project Risks and Mitigation Strategies Risk (Category — Issue) Potential Impact (delay, interruption, cost, effectiveness, etc.) Mitigation Strategy may have limited availability and potentially delay the Project. Seward believes that qualified contractors will be available to meet project timelines. Organizational — Number of Parties The Project involves multiple collaborating entities which may lead to potential project delays or reduced effectiveness of project execution. The City of Seward and the ARRC, and have a well -established working relationship, and each have a vested interest in the success of the Project and thus there are no anticipated issues associated with the number of parties involved in the Project. e. Applicant Fleet and Infrastructure Description Detailed information on the proposed infrastructure is included in the Supplemental Application Template that has been submitted as part of this application. Section 2 - Environmental Results —Outcomes, Outputs and Performance Measures a. Expected Project Outputs and Outcomes The outputs and outcomes of the Project, as well as proposed performance measures, are summarized in Table 2 below. Table 2: Anticipated Outputs and Outcomes for Shore Power at Port of Seward Anticipated Outputs and Outcomes Activities Installation of shore power infrastructure for vessels and Outputs Installation of shore power infrastructure at the two berths on the new passenger dock. The shore power system will provide power to ships while they are docked, enabling their fossil fuel engines / generators to be shut off which in port. Extension of 3000 feet of transmission wire to connect shore power to the electrical grid. Outcomes Based on the current vessel mix and grid composition, potential annual emission reductions of: • NOx: 57.4 Metric Tons (MT) • PM2.5: 1.4 MT • S02: 15.7 MT • CO2: 1,435 MT Estimated 80-100% utilization of shore power annually of capable ships. Installation of battery energy storage system Install modular battery backup system with 12 MW capacity to offset energy demand during peak periods. Utilize stored energy to offset costs of electricity during peak periods and allow ships to remain connected to shore power during peak demand periods. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM :.EPA United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Anticipated Outputs and Outcomes Activities Outputs Outcomes Community engagement activities to ensure meaningful participation with respect to the design, planning, and performance of the Project Goal of attendance of at least 25 local residents and/or community -based organizations participating in the design, planning, and performance of the Project. Hold a minimum of 10 outreach events to provide information on the Project through a variety of community member driven event like Chamber of Commerce meeting. Will also incorporate both seasonal and year-round residents by holding events throughout the year for continued discussion on the project and sustainable tourism in the community. Establishment of sustainable tourism regular meetings to engage near -port communities with regular project updates, and increased capacity for port staff to consider community perspectives in decision -making. Development of a workforce skilled in the operation and maintenance of high - voltage electrical equipment. Inclusion of power metering and usage reporting as part of Project Will enable the provision of power usage reports (by vessel, charge event, ship operator, etc.), including power usage, and estimate of emissions saved. Will provide a measurable way to track the performance of the Project, including projected emissions saving due to the shore power. Emission inventory Conduct a local air quality study and complete a baseline emissions inventory. I Will provide a baseline measurement to track the emissions reduction. Progress reporting Complete semi-annual progress reports and a detailed final report. Semi-annual progress reports will document technical progress, a summary of expenditures to date, and planned activities for the following quarter. The final report will include a detailed description of project activities, documentation of outputs and outcomes achieved through the period of performance, total project costs, and a discussion of both successful strategies and lessons learned to overcome similar obstacles on future implementation of similar projects. b. Performance Measures and Plan Seward will establish a project management plan to oversee implementation and coordinate among all parties and subrecipients throughout the grant period of performance. This will include developing and confirming timelines and milestones as well as implementation, tracking and monitoring plans for each aspect of the Project - construction, emissions inventory, community engagement and workforce development activities. Upon construction completion, Seward will quantify the reduction in emissions from the use of shore power compared to the existing diesel consumption and associated greenhouse gas emissions. The Port of Seward will monitor shore power usage to quantify and measure the emissions generated once the equipment has been PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM .4 "EPA United States `r Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 installed compared to the existing conditions. To do so, they will track the usage of the shore power infrastructure, including the electricity requirements, time connected per vessel, and potential additional measures. This information will be compiled into a report summarizing key findings and any lessons learned through the implementation process. Specific activities may include: • Collecting data to detail the total number of vessels, average duration (hours) connected, and shore power used per vessel. • Documentation and quantification / estimation of gallons of diesel or other fuel replaced by the usage of shore power. • Data collection and quantification of the annual reduction in emissions generated from vessels while connected to shore power, including NOx, PM2.s, SO2, and CO2, measured in metric tons. • Tracking of energy storage and usage of the BESS system. All project parties will work together to develop a final evaluation plan and documented procedures for identifying the final outputs, outcomes, and performance measures upon project implementation. c. Timeline and Milestones The preliminary estimated timeline and key milestones anticipated for the Project are shown in Figure 3. Note that while the period of performance is anticipated to be four years from 2025 through 2029, ongoing operations are expected to continue beyond this period and are illustratively shown. Figure 3: Preliminary Proposed Quarterly Project Timeline and Milestones Estimated Project Timeline and Milestones 2025 2026 2027 2028 2029 2030 12 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Estimated Start Date Community Engagement and Grant Management Bidding/Procurement Community Engagement Activities Grant Management Activities Shore Power Infrastructure Bidding/Procurement Installation Operation Battery Energy Storage System • Bidding/Procurement • Installation • Operation Emissions Inventory • Bidding/Procurement • Inventory Process • Reporting AVTEC Workforce Development Program Li d. Scrappage As a shore power implementation project, no mobile equipment will be purchased and thus no existing equipment qualifies for scrappage under the proposed criteria. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM y5 "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Section 3 - Programmatic Capability and Past Performance a. Past Performance and Reporting Requirements The City of Seward successfully managed various projects that have received state or federal funding support, including maintaining progress as anticipated in the schedule, and filing acceptable reports for each of the programs in a timely manner. Table 3 below highlights several of these recent projects. The City of Seward has a full-time accountant on staff to manage all grant reporting. There are currently several grants in the reporting phase, and the City has strict oversight processes in place to oversee the expenditure of awarded funds and to maintain compliance with all reporting requirements, including timeliness and completeness. These procedures will be used to facilitate successful delivery of this Project. Additional information regarding the expenditure of awarded funds is noted in Section 8.b. Table 3: Past Performance Project Title Funding Agency Assistance Agreement Number Assistance Listing Number Project Description Project Status Reporting Status Seward Harbor G, K, L Dock Replacement SOA — Dept of Transportation & Public Utilities 22 HG 002 N/A Project replaced aging docks to remedy safety and environmental concerns and improve the economic viability of the Seward Boat Harbor. Successfully Completed Successfully Completed Lowell Point Rd. Debris Removal & Emergency Protective Measures SOA Dept of Military & Veterans Affairs — Div of Homeland Security & Emergency Management 4661-DR- AK/PW#1 & 2 97.039 Project provided temporary road repair to immediately lessen threats to livelihood, public health and safety around Lowell Point after a landslide. Successfully Completed Successfully Completed Seward North Harbor Launch Ramp Renovation Alaska Dept. of Fish and Game — Division of Sports Fish COOP 20- 122 15.605 Cooperatively rehabilitating and maintaining the north boat launch facility in Seward Harbor to improve recreational boating and sport fishing access to marine waters. Successfully Completed Successfully Completed PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yn :.EPA Project Title FY2020 CPV Tax Shared Revenue — State and Local Fiscal Recovery Funds (SLRF) FY2021 CPV Tax Shared Revenue — State and Local Fiscal Recovery Funds (SLRF) United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Funding Agency Assistance Assistance Agreement Listing Number Number Project Description Project Status Reporting Status Kenai Peninsula Borough — Federal pass - through Kenai Peninsula Borough — Federal pass - through 271.94910. 21CPV.430 11 271.94910. 22CPV.430 11 21.027 21.027 Replace aging and deteriorating transmission power poles and related support materials for Nash Road electric project. Extended public water and wastewater utilities to currently undeveloped properties. Successfully Completed Successfully Completed Successfully Completed Successfully Completed b. Staff Expertise The Project will be administered and overseen by the following leads who understand the Port of Seward operations and together have been a part of many projects of similar magnitude and scope in the region and beyond. More information about the highly qualified team members can be found in the Project Team Biographies attachment included with this application package. Kat Sorensen Organization: City of Seward Title: City Manager Prior Experience: Seward Chamber of Commerce - Executive Director As Seward's City Manager, Kat will provide oversight to the Project and has in-depth knowledge of the City and Port's operations. She holds a master's degree in public administration, and her experience in a range of industries in Seward and beyond provide her with extensive background knowledge of the needs and opportunities for the City and Port, and a thorough understanding of how the Project will benefit the community and economy. Christy Terry Organization: Alaska Railroad Corporation Title: Vice President Real Estate Prior Experience: ARRC — former Director of External Affairs, Seward Port Manager, Seward Dock Operations Manager City of Seward — Mayor, Community Development Director Christy is an experienced management and rail professional who has held many important and high -profile positions within the Alaska Railroad Corporation and the community, including serving as the City of Seward's Mayor from 2019-2022, and previously serving as the Seward Port Manager and Dock Operations Manager in her subsequent roles. She understands the Port operations, limitations, and opportunities, and has led the development of this Project from ideation to now and will take a hands-on approach to seeing the Project through to construction completion and operation. Brian Hickey Organization: Regional Railbelt Coordination Title: Executive Director Prior Experience: Chugach Electric Association - Chief Operating Officer Brian is a proven executive leader that brings more than 40 years of experience in electrical utility operations. He has a comprehensive understanding of the energy sector and a track record of effectively planning, operating, acquiring and integrating major utility assets, fostering inter -agency collaboration, and propelling strategic growth. He holds a bachelor's degree in electrical engineering from Montana State University, a master's degree in global finance from Alaska Pacific University, and a master's certificate in project management PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yr :.EPA United States Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 from ESI/George Washington University. Brian is a graduate of the Robert Kabat school of electric cooperative management, and serves on the board of Nuvision Federal Credit Union. He will oversee the coordination and implementation of infrastructure connection to the existing electrical grid. Bryan Thrall Organization: City of Seward Title: Electric Department Foreman Prior Experience: City of Seward Lineman Bryan is the Electric Department Foreman at the City of Seward. He has 23 years of experience in the utility industry. In 2013, Bryan returned to his hometown's electric utility with the skills he developed working for different contractors throughout Alaska. He took over as Foreman just two years later. By hard work and professionalism, Bryan was able to build a solid reputation in the community for himself and crew members. Bryan believes in bringing added value to the position to best serve his community. As the lineman foreman, he will be the primary technician working on technical project implementation if grant funding is received. Mickey Richardson Organization: Seward Company Title: CEO Prior Experience: Huna Totem Corporation VP of Creative Development and Marketing Director Mickey is the CEO and Co -Founder of Port of Tomorrow, LLC, owner of the Seward Company. The Port of Tomorrow is a purpose-built company facilitating cruise port development projects, including that at the Port of Seward. Mickey is an experienced port and destination developer, revolutionizing the construction and design for innovative project delivery with a proven track record of delivering projects on time and on budget. His additional skills in engineering, project management and communications provide over 30 years of tried- and-true experience. Section 4— Environmental Justice and Disadvantaged Communities The Port of Seward is located at 913 Port Avenue, Seward, AK 99664, which is entirely in the Kenai Peninsula Borough. All activity associated with the proposed Project will take place in this location. The proposed Project is to install shore power technology and associated infrastructure upgrades to operate the equipment. a. Disadvantaged Communities: Nonattainment Areas Based on EPA's definition of Nonattainment Areas for this program, containing ozone or PM2.5 nonattainment or maintenance areas, the Project location does not qualify as a nonattainment area disadvantaged community. b. Disadvantaged Communities: Areas with Air Toxics Concerns Based on EPA's definition for this program, the Project location does not qualify as a disadvantaged community with regards to air toxics concerns. c. Community Engagement Prior to Application and During Project Home to 75% of Alaska's population, the Railbelt region encompasses numerous federally recognized tribes and disadvantaged and underserved communities. In fact, nearly 40% of Railbelt residents live in disadvantaged communities or Alaska Native Village Statistical Areas — Alaska's equivalent of tribal lands. The region, including over 200 federally recognized tribes, has a diverse social and economic composition. According to the 2010 census, Anchorage houses the three most culturally diverse census tracts in the United States, with the Anchorage School District alone having 110 languages spoken. This diversity makes Seward and the Railbelt ideal PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yzs "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 for the federal government to demonstrate the extensive benefits of decarbonization, particularly for indigenous peoples and those living in disadvantaged communities. Community engagement is a regular part of Port operations, with extensive outreach efforts consistently undertaken to keep the community apprised of projects and plans at the Port, which is a key economic driver in the region. The city of Seward looks to constantly engage the local and extended community via an online submission form on its website, as well as public testimony at any city council meeting. In addition, the Seward Marine Terminal Master Plan process included extensive community involvement and engagement through surveys, targeted emails, and on -site questionnaires, which continues as the Master Plan heads toward implementation. These efforts initially sought to understand the challenges, deficiencies and concerns around passenger movement and public transportation at the existing facilities. Outreach included individuals and businesses, internal and external stakeholders, customers, elected officials, citizen planning commissions, and many others. More than 60 stakeholder meetings were conducted to gather extensive information about site use, facilities, and potential improvements. Community feedback was incorporated into the Master Plan and continues to play an important role in the development and implementation of the passenger dock replacement project. Recent and ongoing project specific engagement efforts include: • May 7, 2024, outreach event which included discussions of the broader dock project and the installation of shore power hosted by ARRC, the Seward Company/Ports of Tomorrow and Royal Caribbean Group. o Radio interview for Seward Public Radio — aired twice and available on YouTube. o Rotary Lunch — 32 attendees — attendees asked questions, provided feedback, and expressed support. o Chamber of Commerce event — 43 attendees — comments, questions, businesses expressed support. Attendees included the Railroad Port Manager, Dwayne Atwood, and the Assistant Port Manager, Rhonda Crabill. Planning and Zoning Commission presentation — televised live on YouTube and remains available online. Strong support for the community to highlight the environmental benefits and sustainability of the electric utility. • Continued outreach events will include a Council tour, additional radio interview and port visit on July 11th and 12tn • Plan to return to Seward in September or October to continue updating the community on project progress. During the summer most, if not all, of the community pivots to working long hours with tourism support and event attendance is hard to obtain. • In the interim, reports will be provided to the Port and Commerce Advisory Board (Advisory Board to Seward Council), and this will continue throughout the Project. A new page will be added to sewardcompany.com to highlight this aspect of the Project once the grant is approved. The Project has extensive local and regional support and vocal support of many community organizations, as documented in the Letters of Support included with this application package. d. Long -Term Community Engagement Seward is committed to continuing its well -established long-term engagement efforts with local communities of all backgrounds. These efforts include collaboration with local residents and businesses to continue integration with maritime activities and associated improvement efforts. There will be a variety of ways to engage including public meetings and a call for input through an online forum. Section 5 — Project Sustainability PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM yy "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 e. Baseline port mobile source inventory for greenhouse gases, PM2.5 and/or NO. The City of Seward has not recently completed a baseline mobile source emissions inventory. However, preliminary estimates of the existing vessel emissions and anticipated reduction after shore power implementation were calculated and the City of Seward is committed to expanding upon this and completing a baseline mobile source emissions inventory as part of project implementation. As an initial step to gauging mobile source emissions, the Alaska Municipal League utilized the EPA's Shore Power Emissions calculator to estimate anticipated emission reduction associated with the proposed Project. The preliminary assessment utilized the vessel mix for the 2024 season combined with the existing grid structure to generate an estimate of both existing emissions and anticipated emissions with shore power. Based on the current cruise fleet and assumption that ships typically burn marine diesel oil (MDO) while hoteling as opposed to bunker fuel, the 85 vessel calls in the 2024 season alone are expected to generate 81.79 metric tons (MT) of NOx, 17.97 MT of SO2, 2.49MT of PM2.5 and 5,973 MT of CO2eq. To conduct the baseline emissions inventory and provide associated reporting, the City of Seward will complete a baseline mobile source inventory for greenhouse gases, fine particulate matter (PM2.5), and Nitrogen Oxides (NOX). With this data, we will be able to inform the Seward community about the long-term impacts and benefits of the Shore Power project. f. Plan to reduce port mobile source emissions Key to the plan for reducing mobile source emissions is the use of shore power for cruise vessels calling on the Port of Seward. The Port has set a target of 100% utilization, which would lead to a significant reduction in greenhouse gas emissions, both on an annual and cumulative basis. Assuming the same number of vessel calls and electric grid energy mix, the first year of operations is expected reduce CO2 equivalent emissions by 1,435 metric tons. Alaska's governor has committed to 80% electric production from renewable energy by 2040. As the local electrical grid is supplied by increasingly clean energy sources, overall greenhouse gas emissions will be further reduced — the equivalent of 4,925 metric tons of CO2 per year. Further, as noted in section 5.a., Seward is committed to conducting a baseline mobile source emissions inventory. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM I UU "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Section 6—Job Quality and Equitable Workforce Development a. Supporting high quality jobs The City of Seward is an equal opportunity employer that conducts recruitment and selection in an affirmative manner to ensure open competition. The city prohibits discrimination based on race, age, disability, political affiliation, religion, sex, color, pregnancy, marital status, veteran status, national origin, or any other discriminatory factor prohibited by law. Longshoremen who support cruise operations are some of the highest paid jobs in the City of Seward. Additional jobs will be required to support operations at the new facility. It is preferred to have local resources connect and disconnect cruise vessels to and from the shore power system. This will require at least one Union Electrician with High Voltage Certification for each connection; it is expected that two to four positions will be available for Alaskans to meet these needs. All Electricians installing, operating, or maintaining electric charging infrastructure will be required to hold Electric Vehicle Infrastructure Program certification, or certification through another program approved by the EPA in consultation with the Department of Labor and Department of Transportation. b. Expanding access to high -quality jobs, including for people in low-income and disadvantaged near -port communities Seward is committed to workforce development and providing access to high -quality jobs for all residents. Building on existing relationships and the success of a previous program,' Seward plans to issue a subaward with the Alaska Vocational Technical Center (AVTEC) to offer a new zero emissions technology course as part of its Industrial Electricity program. Created in 1969 in response to emerging demand for a skilled workforce to meet the needs after oil discovery, AVTEC has successfully provided training opportunities to Alaskans for over 50 years. AVTEC continues to respond to needs in Alaska's job and labor market by providing a unique model of post -secondary workforce training to residents from across the state through affordable, applicable and accelerated training designed to prepare Alaskans with relevant technical and professional skills, earn industry valued credentials, and gain employment in less than one year. AVTEC has seen great success in serving diverse population with more than 50% of students identifying as non -white and more than 90% of enrolled students completing their training and over 90% finding employment in their field of study pot -training. The existing program follows a hands-on curriculum that equips students to become proficient in understanding power and controls, enabling them to work safely and efficiently in the electrical industry. The anticipated vision will utilize grant funding to: • Hire an instructional team for curriculum development and delivery design; • Purchase zero -emissions equipment to be used for hands-on training; and • Support approximately 1.5 years of program development and 3.5 years of training delivery which includes: o Development of a curriculum that includes classroom time to learn basics of electricity, electrical systems, zero -emissions technology, and other necessary topics to develop a skilled workforce to support a zero -emissions shore power system; o Development of hands-on classroom training activities utilizing the same equipment installed on anticipated jobsites; and 'Seward and AVTEC received a Department of Energy grant for the Seward Heat Loop Project which provided hands-on training for Alaskans across the state to learn how to utilize the equipment. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM I U I "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 o Design of delivery models to provide full -term training for Alaskans who are new to the workforce, as well as short, skill -specific trainings for those Alaskans who are currently employed and seeking to upskill and grow their knowledge in zero emissions technology. AVTEC is subject to the State of Alaska's Equal Employment Opportunity Program. While this does not, in and of itself, result in equitable outcomes, the state has taken steps beyond a minimum of meeting nondiscrimination and equal employment requirements. The state holds a broad concept of diversity, as "Valuing the diversity of a workforce representative of all Alaskans enriches the quality of our service to the people of Alaska."' Section 7 — Project Resilience to Climate Impacts The Seward Company is planning to incorporate all shore power components on the proposed floating dock, which is the central component of the Passenger Dock Replacement Project, expected to be complete in June 2026. Resilience benefits of the Project, and its inclusion on the floating dock, include: Protected Against Sea Level Rise — By its inherent nature of being a floating dock and designed length of the transfer span bridging the floating and fixed components, the dock and planned shore power components will rise and fall with the tides, and any future sea level rises due to climate change. This will effectively eliminate the risk of flooding or infrastructure obsolescence due to sea level rise. Further, the shore power technology will be incorporated into the interior of the barge -style floating dock, protecting it from wind and water damage. For maintenance and to extend the life of the barge platform, the float is built in two sections specifically to be serviced in Seward's dry-dock facilities. • Emergency Back-up Power - The Shore Power Project will be able to support Port infrastructure, and even potentially the City of Seward, during emergency and natural disaster events due to the BESS. This is a significant benefit of the Project, as the Port and the marine connection that it enables would provide a critical connection to the region in the event of an emergency event / natural disaster. • Safe Moorage —Together, the upgraded dock and associated shore power will provide a safe and reliable location for vessels to moor that is protected from weather / ocean. This will improve port resiliency and will be able to provide moorage for large ships (such as cruise ships), and the Navy and Coast Guard - improving defense resilience. Strategic Shore Power Component Placement - The shore power components will be strategically located on the dock to reduce the probability and magnitude of impact from weather and tidal events, resulting in improved resiliency compared to a fixed dock location for the shore power components. Together these aspects will improve overall Port resiliency, both to emergency events, and to long term climate change and sea level rise, enhancing the resilience of the Port and region overall to the effects of climate change. Section 8 — Budget c. a. Budget Overview The overview budget highlights several different aspects of the project — the installation of shore power at the Port of Seward, the line extension and substation on the customer side necessary to power the shore power, a battery energy storage system, project management and the workforce development with AVTEC. 8 https://doa.alaska.gov/dop/eeo PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM I UL "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 The City of Seward will comply with the federal procurement procedures of 2 CRF 200 for the entirety of the project. Personnel: Personnel for this project includes three types — administration, lineman, and public affairs. Administration will cover City of Seward administrative staff time, such as City Manager through the completion of the project. This time will be used to coordinate, administer decisions, collaborate with contractors, subawards, and delegating responsibilities across the project. The Lineman position will be coordinating the construction and contractors. These are professionals with the City of Seward Electric Department that can navigate the engineering side of the project from a City standpoint. City of Seward Public Affairs will cover the staff time incurred for outreach and public engagement. Fringe Benefits: All of these personnel expenses also incur fringe benefits which include health insurance and retirement. Supplies - Outreach Material: Supplies for outreach and public engagement include website domain, design, and hosting, pamphlets and fliers, mailers to the Seward community, room rentals for open houses, and other marketing materials deemed necessary as the project continues. The City of Seward will be performing these activities in-house, rather than through a contract, to insure the lowest costs. Construction — 115kv and Line Extension: Costs for the equipment, construction, and installation 115kV extension and substation is broken down in detail in the construction budget. This portion of the project includes creating a line extension to a new substation, all on the customer side, that would feed directly and solely to the Port of Seward. The costs include many of the supplies and equipment needed for this, including the line terminal and cable, the circuit breakers and the power transformer itself - See TABLE 5 for more details. Construction — Shore Power and Handling System The budget for procuring the shore power handling system and the battery energy storage system includes the equipment necessary to provide power to the Port of Seward. It also includes the BESS system, which will be made up of eight 1.5 MW BESS systems for a total of 12 MWs. See TABLE 6 for more details. Design: A major part of construction budgets include design. The best practice in project design and management follows a staged approach known as Front -End Engineering and Design (FEED), also referred to as Front -End Loading (FEL). The stages in this process are: Conceptual Design: Establish the project's overall vision and feasibility. Feasibility Review and Preliminary Design: Refine the concept and assess feasibility in greater detail. Detailed Scope Definition and Final Design: Develop comprehensive designs and specifications. The final stage produces documents that progress from being issued for review (IFR) to being issued for construction (IFC). This process involves successive design and engineering refinement to minimize uncertainties and prepare for execution. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM I U.5 "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 At this point, the project has progressed beyond stages (1) and (2). The budget allocated under the design categories for both the shore power project and the 115 kV substation/line design will be used to perform stage (3). This stage will generate detailed designs, engineer's estimates, and specifications sufficient to create bid packages for procurement and construction. Shipping and Fees: A vital part of creating any project budget in Alaska is incorporating shipping and fees. All of the equipment necessary to make this project happen will need to be shipped up to Alaska. This includes the eight BESS systems and the transformers, so the City of Seward incorporated those fees into the project costs. For comparison, a BESS system at Golden Valley Electric Association in Fairbanks, Alaska weighs a total of 1,500 tons. The shipping costs include the higher end price to ship multiple, very heavy container from the Lower 48 to Alaska, as well as to ship from Anchorage, Alaska to the City of Seward. The City of Seward has also included fees into this category to cover permitting, construction and dig permits, right of way research, regulatory required inspections, and handling fees for the equipment. Project/Grant Management The Project/Grant Management contract budget will provide comprehensive oversight and coordination for the project, ensuring adherence to EPA guidelines, on -time delivery of milestones, and expenditure of funds. Services covered under this contract will include: grant compliance, project oversight, stakeholder coordination, and technical expertise. The City of Seward has strong experience in grant financial reporting and management, and will work hand in hand with this contractor to insure timeliness, efficiency, and adherence to any and all regulations. Community Engagement: The contractual budget for community engagement includes contracted time to plan and develop community engagement events through the duration of this project. While we have both personnel and supplies budgeted toward this as well, an additional contract will allow us to engage with professionals who will help the City of Seward take complex electrical engineering terminology and explain it in layman's terms throughout each step of the project through outreach material designs and copywriting. Emissions Inventory: This budget item will allow the City of Seward to conduct e a baseline emissions inventory. Following the baseline emissions inventory marking the presence of greenhouse gases, particulates, and NOx. Subaward: AVTEC Program The budget for the AVTEC program will fund the costs for creating a workforce development program at the local vocational school. This includes hiring instructors to create a instruction plan, creating the courses and advertising the courses with the administrative team at AVTEC, as well as purchasing the necessary equipment for students to have hands-on learning. See TABLE 7 for more details. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM IU4 „EPA United States �► Environmental Protection Agency Table 4: Budget Table Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Summary 1 Tatal Casts EPA Casts Non Fe-deral Casts Budget Category Personnel (by Job series) # Hours $ Rate/Hour Administration (1109 910 $75.00 $68,250 $61,425 $6,825 Lineman (2810) 4000 $54.31 $217,240 $195,516 $21,724 Public Affairs (1035) 500 $75.00 $37,500 $33,750 $3,750 Total Personnel $322,990 5290,691 $32,299.00 Fringe Benefits 20% of Personnel Includes health insurance and retirement Personnel (hyjob series) % of personnel Administration (1109 20% $13,650 $12,285 $1,365 Lineman (2810) 20% $43,448 $39,103 $4,345 Public Affairs (1035) 20% $7,500 $6,750 $750 Total Fringe $64,598 $58,138 $G,460 Travel $0 $0 $0.00 Travel $0 $0 $0.00 Equipment $0 $0 $0.00 Total Equipment $0 $0 $0.00 Supplies Outreach Material $24,726 $22,253 $2,473 Total Supplies $24,726 $22,253 $2,473 Contractual Project/Grant Management $791,348 $712,213 $79,135 Emissions Inventory $500,000 $450,000 $50,000 Community Engagement $125,000 $112,500 $12,500 Total Contractual $1,416,348 $1,274,713 $141,635 Construction 115 kV Substation and Line Extension $15,560,912 $14,004,821 $1,556,091 Shore Power Handling System S32,217,553 $28,995,798 $3,221,755 Total Construction $47,77%465 $43,000,619 $4,777,846 Other Subaward AVTEC Program $1,206,251 $1,085,626 $120,625 Subtotal Other $1,206,251 $1,085,626 $120,625 Total Direct Costs $50,813,378 $45,732,040 $5,081,338 indirect (X% of Personnel t Fringe BenefftsJ $0 $0 $0.00 Budget Summary $50,813,378 $45,732,040 $5,081,338 PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM I U0 EPAUnited States �► Environmental Protection Agency Table 5: 115KV Substation/Line Budget Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 115 KV 5ubstation/Line Services Supervisory Control & Commis - systems and processi c that allow operators to monitor, control, and manage electriml infrastructure remotely and efficiently. These systems are critical for maintaining reliability, efficiency. and safety in modern power systems. 102,400 Design $ 2,100,000 Construction Management $ 2,514,921 Shipping and fees $ 1,200,000 ( including construction, and dig permits, right of way research, regulatory required inspections and handling Fees rill -the equipment] Total ServPcps $ 5,916,921 Supplies Iota Supplies $ - Equ ipme nt Line Terminal and Cable $ 200,000 2_301-M A -Frame $ 133,000 23Ok4+ Bus Support 3 $ 21380 $ 65,340 23Oku PT Support 3 $ 11,850 $ 14,55+0 Disconnects 230kv 3-ph $ 23,BSO 2304:1+ Circuit Breaker $ 195,000 15kV Circuit Breakers 2 $ 108,000 $ 216,000 Protection and Control Panels (transformer and line panels) $ 600,7S0 Power Transformers- SS 23 MIA 115ktr to 12470 LTC Wm r $ 1,127,13110 Foundations (terminal, transformer, breakers and switches] $ 759,000 Arresters - protective devices used to safeguard electrical equipment a: d systems from overvaltage conditions $ 51,480 Conduits and Cables iRC3S & 6001f Cable, 1.514V E FR cable exit) $ 192,500 Total EquipMent 5 4,218A70 Installation Grounding- the installation of copper conductors in various configu rat ier.s to ensure that the electrical system's waveforms are properly referenced $ 335,000 115k11 line extension $ 1,199,841 Installation of the Li5ku line $ 2,035,620 Site Work - initial geotechnical investigations, including core sampling and surveying, as well as site erntiranmental evaluations. Then sites are prepared for equipment installation. $ 1,855,000 Total Installation $ 5,425,521 Other Total Other $ - Total Contract 15,560,912 PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM IUb „EPA United States �► Environmental Protection Agency Table 6: Shore Power Handling System Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 Shore Power Handling System Design 5 3,012,20 S;Apping+ Fees S 1,BCO. CO includvrg fiaresinriiun, and tig permits, right of way research regulatory reguied i nspec!ions a rid handling lees for the el*iprrienq Total Services 5 d,E12, 205 RIPPliel Total Su,. hies 5 Eriblibmolt L U'ili'y Meier S 774_384 Transformers-2O111VA Capacity. duel voltage output 2 $ 1,5sB4O56 S 3,196,113 Cavil. breakers, Snitches and Feeders for 2benhs 2 $ 1,921,326 5 3,64.3,45.5 Capaeiter ler 2 berths - multifunction devices that can be used lb eerreerpoweriactor and support Iacal area,mliage by producing reactive power. 2 $ 130,634 S. 961,258 Mobile CPDFintanle control and protect device to monitor changing levels'. 2 $ 933.234 5 1,966,ASS Sawtaa1115 [used CO ereele sawtoi tit waveforms and 61ar63ge, anelyte, andforsratiiae power systems' 2 $ 228.3E4 5 4152,768 PowerConnecta. end Cable to insure safe acid effarieni deployment $ 603,474 Closed Cirerlt TV and oammissioaing for seeuriLX S 11O 2E1 Battery Energy Storage Systems 1 5 MW S $ 1,21:17,004 5 9,503.0E0 Total Equipment $ 21.105.712 Installation Install, testing, and commissioning 5 5,293.636 InstaratIan dial! equipment necessary for Shore Power, including the utility meter. transformers. capacitors, and power onnectlon deployment_ Following the installation, there will be a systematic process of testing. uerifylngr and documenting that all components of an electrical system are designed, Installed, and functioning as Intended. It ensures that the system meets protect specifications, safety requirements„ and performance expectations before being put Into full operation. Total installation $ 6,299r616 Other Total Other S - Tatal Contract S 32,217,553 PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM IU/ "EPA United States Ar% Environmental Protection Agency Table 7: AVTEC Subaward Budget Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 AVTEC Subaward Budget Category Personnel (byjob series) # Hogs $ Rate?H❑ur Iratru:t2rs[1in) 62LC 5E5 9 403,22g Administration [1710) 62=r:. 552. 9 312,000 $ - Total Personnel $ 715229 Frn ge Benefits X% of Personnel I^=Lio :=lvL... •atif-rant 3, haalth banafita,.,vvr<ara= .-rp:Lb-rr:ipiart ap: fi:) Per son n el (by job series) %of personnel Administration 11710) 1.355 5 L'C.,323 Total Fringe 5 S 40,323 Travel Airplane $ - fylealsperdiem 5 - L:dging 5 - Fv1i1eage 5 - Total Travel $ - Equi prnent Classroomterhnol ydeployment 5 263,625 Total Equipment $ 263,625 Supplies Total Supplies $ - Contractual Total Contractual $ - Other S - Total tither S - Total Direct Casts S 1,019,177 fatirert (X% of Personne(+Fringe Benefits) $ 187,375 Total Subawardl $ 1,206,251 d. Expenditure of Awarded Funds The City of Seward utilizes a multi -layered reporting system to maintain the integrity of grant expenditures. All expenditure needs must be submitted and approved at several levels through the existing financial process. The City's six -person finance department maintains a keen eye on all expenditures and budgets them appropriately through accounts payable. The City of Seward has received several Government Finance Officers Association (GFOA) achievements, including a June 2023 Certificate for Achievement for financial reporting. This is the highest level of recognition in governmental accounting for representing complete and transparent financial reporting. Upon notice of funding, the City of Seward will proceed with project implementation as preliminarily outlined in Section 2.c and to be updated upon grant agreement. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM IUZS "EPA United States •fir Environmental Protection Agency Resolution 2025-016 Office of Transportation and Air Quality 2024 CLEAN PORTS PROGRAM May 2024 e. Reasonableness of Costs The Project cost estimated was derived from engineering cost estimates on recent similar projects provided by experts in the field of shore power, utility transmission, and battery energy storage systems. The estimate for shore power equipment and installation is based on direct quotes from suppliers and manufacturers based on the anticipated project needs and location. The estimate for the extension of the transmission line from the existing utility infrastructure to the dock to supply electricity to the shore power system was generated by the Seward Electric Utility. Each element included in the cost estimate directly supports Project activities, including procurement and installation of shore power infrastructure and BESS, emissions monitoring, grant management, and workforce training. The Project budget includes estimates to meet BABA requirements and an additional 20% contingency to account for the potential risks associated with shore power technology based on the current design status and anticipated Project timing. The Project budget meets the Target Apportionment among cost categories as the expense related to the purchase and installation of zero emission technologies, including shore power and BESS infrastructure, account for approximately 94% of total Project cost. PORT OF SEWARD VESSEL SHORE POWER IMPLEMENTATION FY 2024 CLEAN PORTS PROGRAM Iuy 26 Resolution 2025-016 FOR IMMEDIATE RELEASE: October 29, 2024 Contact Information: Kat Sorensen, City Manager City of Seward, Alaska (907) 362 1020 ksorensen@cityofseward.net City of Seward Awarded $45.7 Million EPA Grant to Implement Shore Power at Port of Seward Seward, Alaska —Today, the Environmental Protection Agency (EPA) announced as part of its Clean Ports Program that the City of Seward was awarded their full grant request of $45.7 million as a public -private partnership to provide shore power for the new cruise port of Seward, Alaska, allowing the community to take a huge step towards zero emissions. The project, which brings together the City of Seward, The Seward Company, Royal Caribbean Group, and the Alaska Railroad, will transform the Port of Seward into a green port by enabling cruise vessels to connect to electrical power from the city's local grid instead of using diesel generators while docked. These upgrades include extending the electric transmission line to the port, adding switchgear, and integrating a Battery Energy Storage System (BESS) to enhance energy management. This investment is a significant step in Seward's ongoing efforts to balance economic growth with sustainability and to address climate change by reducing mobile source emissions associated with port operations. The local power company, Seward Electric Services, is owned by the City of Seward and currently serves 3,000 customers in the Seward area. "This will be the most advanced shore power system to ever be installed in Alaska," said Jason Davis President of Turnagain Marine. "For a community this size, the system will constantly analyze and store power, saving energy and money for the City of Seward, all while making it a better place to visit and live." Located at the head of Resurrection Bay on Alaska's Kenai Peninsula, Seward is home to Alaska's only deep -water, ice -free port with road, rail, and air connectivity to the state's interior. The City of Seward is a major hub for fishing, freight, and tourism, with the cruise industry playing a key role. "The EPA Clean Ports Grant is a game -changer for us," said Seward City Manager Kat Sorensen. "It allows the city to implement shore power technology that will drastically reduce emissions from cruise ships in our coastal Alaska community." "We are grateful for The Seward Company and Royal Caribbean Group, the port's anchor tenant and long-time community partner," Sorensen continued. "The strong collaboration that our community has with the Royal Caribbean Group has allowed this project to progress with an intentional focus on our community's needs as it supports visitors to Seward for years to come. 110 Resolution 2025-016 City of Seward Awarded $45.7 Million EPA Grant to Implement Shore Power at Port of Seward The Clean Ports grant will cover 90 percent of the $50.8 million project cost, aimed at installing electric shore power technology and infrastructure upgrades, and significantly reducing greenhouse gas emissions from cruise ships while berthed. The remaining 10 percent in project funding is comprised through funding support and design criteria, from the Seward Company. The Alaska Railroad is also supporting the initiative through land access and assistance with the grant application. The total projected value will exceed $56 million once completed. "Royal Caribbean made it easy to dream big. At today's price tag for infrastructure projects, new ideas require long-term thinking and even more support through model public -private partnerships. Without Royal Caribbean Group's commitment to shore power, receiving this EPA grant would not be possible," said Mickey Richardson, CEO of the Port of Tomorrow and owner of the Seward Company who is developing the New Cruise Port of Seward. Within the grant, the Alaska Vocational Technical Center (AVTEC), based in Seward, will receive funding to develop a training program to support the operations and anticipated maintenance for the complete shore power system, including ship connections, computer control systems and battery bank. Once installed, the opportunities for the City of Seward to leverage the battery system and integrated power technology is only limited by the creativity of local students and the next generation of utility operators. "The Port of Seward's shore power project will place Seward among the forefront of sustainable ports in North America. By reducing reliance on diesel generators, we are not only cutting emissions but also enhancing the resilience of our local electric grid," Seward Mayor Sue McClure said. The Port of Seward Vessel Shore Power Implementation Project is part of the city's broader effort to promote sustainable development while fostering economic growth. The city looks forward to seeing the positive impact this investment will have on both the environment and the community. All the design elements and construction requirements for the shore power system have been considered by the Seward Company and Turnagain Marine in the Port's plan development. The new Cruise Port of Seward is scheduled to open in May of 2026, with the integrated shore power system anticipated to be complete shortly after. "The new Seward Passenger dock represents a generational investment in Alaska's marine infrastructure — an investment that would not be possible without strong partners in Royal Caribbean, the Seward Company, and the support of the City of Seward," said Bill O'Leary, President and CEO of the Alaska Railroad Corporation. "We are delighted that this grant has accelerated a greener future, as the new dock will serve Alaska for decades to come." The U.S. Environmental Protection Agency announced the selection of 55 applicants across 27 states and territories to receive nearly $3 billion through EPA's Clean Ports Program. These grants will support the deployment of zero -emission equipment, as well as infrastructure and climate and air quality planning projects at ports across the country. 111 AGENDA STATEMENT Meeting Date: January 27, 2025 From: Jodi Kurtz, Deputy City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Name of Business: Gateway Hotel Licensee: Gateway 82 LLC Type of Business: Beverage Dispensary Tourism License Number: 5983 The City of Seward Police Department, Fire Department, Finance Department have completed their compliance checks and have found no issues. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above renewal of liquor license, then under Alaska Statutes 4.11.80 the City of Seward will be required to assist in or undertake the defense of its protest. RECOMMENDATION: No grounds for protest to the renewal of liquor license for Gateway Hotel, License #5983 Beverage Dispensary Tourism. 112 MEMORANDUM Date: December 12, 2024 To: Peter Daily Finance/Utilities James Schaefermeyer Finance/Leases Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jodi Kurtz, Deputy City Clerk RECEIVED JAN 0 3 2025 OFFICE OF THE. CITY CLERK RE: Verifying compliance for the Gateway Hotel renewal of a liquor license The following business has applied for a liquor license renewal. Name of Business: Gateway Hotel Licensee: Gateway 82 LLC Type of License: Beverage Dispensary Tourism License Number: 5983 Department Status Initials Date Finance/Utilities Corp ; 6ol r2I js Finance/Leases COM ()I j a..v-- IL/IS /2//G�y II �� Police Cime Fire Cos+odfrd,J- Fr 12C,_ 7/AA/14, /.2/5i/,ZY Rer Deadline for protest: Monday, February 10, 2025 (60 days from receipt of notification) Last regular council meeting for approval: Monday, February 10, 2025 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, February 4, 2025 113 GOVERNOR MIKE DUNLEAVY December 12, 2024 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Gateway 82 LLC DBA: Gateway Hotel VIA email: captaincolby@majormarine.com; ryanm@majormarine.com CC: None Local Government 1: Seward Local Government 2: Kenai Peninsula Borough Via Email: micheleturner@kpb.us; jkasper@kpb.us; sessert@kpb.us; mienkins@kpb.us; nscarlett@kpb.us; mboehmler@ kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us kpeck@citvofseward.net; clerk@cityofseward.net Community Council: n/a Via Email: n/a Re: Beverage Dispensary Tourism License #5983 Combined Renewal Notice License Number: #5983 License Type: Beverage Dispensary Tourism License Licensee: Gateway 82 LLC Doing Business As: Gateway Hotel Physical Address: 1115 4th Avenue Seward, AK 99664 Designated Licensee: Gateway 82 LLC Phone Number: 907-491-0335; 907-422-7558 Email Address: captaincolby@majormarine.com; ryanm@majormarine.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and the required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- 114 Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the February 4"', 2025 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS 04.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above -listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly(a@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above -listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above -referenced entities regarding the above application, as required under AS 04.11.310(b) and AS 04.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding the review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Alysha Pacarro, Licensing Examiner II For Lizzie Kubitz, Acting Director 115 KENAI PENINSULA Borough Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 I (P) 907-714-2160 I (F) 907-714-2388 I www.kpb.us Tuesday, December 17, 2024 Sent via email: clerkPcityofseward.net Kris Peck, City Clerk City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Mr. Peck, Gateway 82, LLC Gateway Hotel Beverage Dispensary/Tourism 1115 4th Avenue, Seward, City of Seward 5983 License Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, WA Michele Turner, CMC Borough Clerk cc: captaincolby@majormarine.com; mailto:amco.localgovernmentonly@alaska.gov 116 AGENDA STATEMENT Meeting Date: January 27, 2025 From: Jodi Kurtz, Deputy City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Name of Business: Oaken Keg #2728 Licensee: Carr-Gottstein Foods Co. Type of Business: Package Store License Number: 4334 The City of Seward Police Department, Fire Department, Finance Department have completed their compliance checks and have found no issues. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above renewal of liquor license, then under Alaska Statutes 4.11.80 the City of Seward will be required to assist in or undertake the defense of its protest. RECOMMENDATION: No grounds for protest to the renewal of liquor license for Oaken Keg #2728, Carr-Gottstein Foods Co. License #4334, Package Store, 117 Date: To: From: RE: MEMORANDUM January 7, 2025 James Schaefermeyer James Schaefermeyer Chief Alan Nickell Chief Clinton Crites Jodi, Deputy City Clerk Finance/Public Utilities Finance/Leases Police Department Fire Department Verifying compliance for the Oaken Keg #2728 renewal of a liquor license The following business has applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Licensee: Type of License: License Number: Oaken Keg #2728 Carr-Gottstein Foods Co. Package Store 4334 Department Status Initials Date Finance/Utilities `trnpii I"` 'S(i / 7 I,7 Finance/Leases Cm pt i p i <J 4 1 j 7- lac Police Chief aM•p�i a,.�►4. //8/g Fire Chief a htd/i4 /4" l2� /X/3 �.14 / /// .S._ r Deadline for protest: Saturday, March 8, 2025 (60 days from receipt of notification) Last regular council meeting for approval: Monday, February 24, 2025 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, February 18, 2025 118 GOVERNOR MIKE DUNLEAVY January 7, 2025 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.Rov; amco.localgovernmentonly@alaska.gov Licensee: Carr-Gottstein Foods Co. DBA: Oaken Keg #2728 VIA email: legal.licensing.team@albertsons.com CC: None Local Government 1: City of Seward Local Government 2: Kenai Peninsula Borough Via Email: kpeck@citvofseward.net; clerk@cityofseward.net; micheleturner@kpb.us; sessert@kpb.us; mienkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us; slopez@kpb.us; bcarter@kpb.us; jrasor@kpb.us Re: Package Store #4334 Combined 2025-2026 Renewal Notice License Number: #4334 License Type: Package Store Licensee: Carr-Gottstein Foods Co. Doing Business As: Oaken Keg #2728 Physical Address: 1907 Seward Hwy Seward, AK 99664 Designated Licensee: Oaken Keg #2728 Phone Number: 208-395-3856; 623-869-3573; 623-869-4376 Email Address: Iegal.Iicensing.team@albertsons.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. 119 Your application will be scheduled for the February 4th, 2025 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly(a@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS O4.11.310(b) and AS 04.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Kyle Helie, Licensing Examiner II For Lizzie Kubitz, Acting Director 120 KENAI PENINSULA Borough Office of the Borough Clerk 144 North Binkley Street, Soldotna, AK 99669 I (P) 907-714-2160 I (F) 907-714-2388 I www.kpb.us Wednesday, January 15, 2025 Sent via email: clerk@cityofseward.net Kris Peck, City Clerk City of Seward RE: Non -Objection of Application Licensee/Applicant : Carr-Gottstein Foods Co. Business Name : Safeway - Oaken Keg #2728 License Type : Beverage Dispensary License Location : 1907 Seward Highway, Seward, AK 99664, City of Seward License No. : 4334 Application Type : License Renewal Dear Mr. Peck, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, iwh Michele Turner, CMC Borough Clerk cc: legal.licensing.team@albersons.com; mailto:amco.localgovernmentonly@alaska.gov 121 Resolution 2025-007 RESOLUTION 2025-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 3207 SORREL ROAD, CREATING THE SPRING CREEK PARK REPLAT Documents: • Agenda Statement • Resolution 2025-007 • Attachments: o Property Map o Floodplain Map o Preliminary Plat o Application o Public Access Easement Vacation 122 Resolution 2025-007 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Planning and Zoning Commission Subject: Resolution 2025-007: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Property Located at 3207 Sorrel Road, Creating the Spring Creek Park Replat Background and justification: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The tract of land being subdivided is the far western portion of the SMIC area, primarily comprising tidelands, the SMIC harbor, and access to Spring Creek and Fourth of July beach. The proposed plat will divide the current tract of land legally known as, That Point of Block 10, Excluding Lots 1 & 2, Fourth of July Creek Subdivision, SMIC into two tracts of land to be known as, Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat. During the 2023 update of the Municipal Lands Inventory and Management Plan, the Commission recommended that the Spring Creek Campground and beach access area be platted into one parcel so it could be rezoned to Park. This preliminary plat is the first step in fulfilling that recommendation. Seward City Code § 16.01.015(A) states that "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 sections 16.05.015." Spring Creek Campground is operated as a dry campground, and there are no plans to further develop the property at this time. However, the parcel has access to city water, sewer, and electrical lines adjacent to the property on the east. The parcel also has access to Nash Road. Thus, a subdivision agreement will not be required with this plat. The east side of the parcel is located within a FEMA mapped flood zone `D', which means that there are possible but undetermined flood hazards, however, an official flood hazard analysis has not been conducted yet for the area. The northeast side of the property is located within an AE flood zone. This designation indicates land that is close to a body of water and is a high -risk flood area with a 1% annual chance of flooding and a 26% chance of flooding over the course of a 30- year mortgage. The west side of the property, the portion primarily located within the tidelands, 123 Resolution 2025-007 is a VE flood zone. This flood zone indicates a coastal area with a high risk of flooding from storm surges and wave action. Any development occurring within these flood zones will require additional permitting and regulations. During the January 7th P&Z meeting, the Planning and Zoning Commission requested that the 50' public access easement be removed and left as only a utility easement. This was due to a recommendation from the Public Works director. The Commission then added a condition to the Resolution requesting that a 10'-20' pedestrian easement be added to the plat in a location to be determined by the Public Works director, Parks and Recreation director, and Community Development director. Even though this plat will be rezoned to Park, and accessible to the public regardless of any access easements, the Commission was concerned that if the land were ever rezoned back to Industrial and leased by a business, the public would not have access to the beach. A few issues became apparent during the subsequent internal meeting with the three directors to review possible locations where a pedestrian easement could be placed. People are already accustomed to accessing the beach by driving their vehicles down to the beach. If the property were ever rezoned to Industrial and leased by a private business, and there was only a 10-20' pedestrian access easement to the beach, people would have to park their vehicles along Nash Road and then walk down to the beach. This would cause excessive congestion on Nash Road during the busy summer season, creating safety issues and other problems. Also, placing any access easement on the property now without knowing the future development needs of the property will create challenges to any future development, whether for the campground or private industry. Ultimately, if beach access is the primary concern for this area, rezoning the land to Park is the best solution. Access easements can be removed and changed just as easily as the zoning and do not provide any more security for public access. Having an access easement makes sense if the zoning of the property were to remain Industrial, however, since the property will be rezoned to Park, administration recommends that the City Council move to strike the recommendation from the Planning and Zoning Commission to place a 10-20' pedestrian easement on the property. Once the property is zoned to Park, which requires approval from the Planning and Zoning Commission and City Council, changing the zoning again would require the same process of approval. If the Commission and Council ever decided to change the property from Park back to Industrial, that would be the more appropriate time to require a condition for a public access easement to be placed on the property. This would allow the Commission and Council to better match the easement's location and size to the public's access needs and the property's desired use. All conditions required by Seward City Code §16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zonine: The property is currently zoned Industrial (I). 124 Resolution 2025-007 Size: Tract A will be 22.469 acres. Tract B will be 70.524 acres. Utilities: Both Tracts of land have access to city water, sewer, and electricity on the east side of the property. Existing Use: Tract A is currently being used as a dry campground and parking area to access the Spring Creek beach. Tract B is used as a boat harbor, storage, and beach access to Fourth of July beach. Access: Tract A has access to Nash Road. Tract B has access to private roads such as Mustang Ave and Sorrel Road. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, Tract A and B have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D, AE, and VE. Any development within these areas would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. Vol 1, Chapter 3.6.1.2 Ensure that Municipal land acquired for or converted to long-term or permanent park or recreational uses are officially dedicated as park land Strategic Plan: Other: N/A Total amount of funds listed in this legislation: This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: Budgeted Line item(s): Not budgeted Not applicable Affected Fund: General SMIC Electric Wastewater 125 Resolution 2025-007 Boat Harbor Motor Pool Available Fund Balance X Yes Parking Other Water Attorney Signature: Not applicable Comments: Healthcare Note: amounts are unaudited Finance Director Signature: Administration Recommendation X Adopt Resolution Other: 126 Resolution 2025-007 Sponsored by: Planning and Zoning Commission Public Hearing: January 27, 2025 CITY OF SEWARD, ALASKA RESOLUTION 2025-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 3207 SORREL ROAD, CREATING THE SPRING CREEK PARK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 3207 Sorrel Road; and WHEREAS, the current parcel is one tract of land comprising the tidelands and harbor to the west of SMIC, the Spring Creek campground / beach area, and the Fourth of July beach; and WHEREAS, the proposed plat will divide the tract into two parcels, Tract A, which will encompass the Spring Creek campground, beach, and adjacent tidelands, and Tract B, which will comprise the remainder of land south of the Spring Creek campground down to the Fourth of July beach; and WHEREAS, during the 2023 update of the Municipal Lands Inventory and Management Plan, the Seward Planning and Zoning Commission recommended that the Spring Creek campground and beach area be platted as a single parcel; and WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and WHEREAS, the size of Tract A & B meet the required minimum lot size and lot width for the Industrial zoning district; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, Tract A and B have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D, AE, and VE; and WHEREAS, any construction within these flood zones would require additional permitting; and WHEREAS, both Tracts of land have access to city water, sewer, and electricity on the east side of the property; and WHEREAS, a subdivision agreement will not be required with this plat; and 127 Resolution 2025-007 CITY OF SEWARD, ALASKA RESOLUTION 2025-007 WHEREAS, the Planning and Zoning Commission at their January 7th meeting requested that the 50' public access easement be removed from the plat and a 10-20' pedestrian access easement be added; and WHEREAS, administration recommended that the 50' public access easement be removed as they did not feel it was in an appropriate location and could hinder potential development of the property; and WHEREAS, the property will be rezoned to Park and thus entirely accessible to the public, making any type of access easement unnecessary; and WHEREAS, due to concerns from the Commission regarding the public accessing the beach in the future if the Park zoning were ever changed, the Commission recommended that a 10-20' pedestrian easement be placed on the property; and WHEREAS, Administration reviewed possible locations to place a 10-20' pedestrian easement, and could not find a suitable location; and WHEREAS, Administration feels that a 10-20' pedestrian easement would only cause more problems in the future if it were ever needed since it does not allow people to drive their vehicles down to the beach; and WHEREAS, Administration recommends that the Council moves to strike the recommendation to add a 10-20' pedestrian easement; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Council hereby recommends that, in accordance with Seward City Code Section 16.01.015, the Kenai Peninsula Borough approve the submittal of the preliminary plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), That Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. 128 Resolution 2025-007 Key Context Ma• Industrial Plat Boundary Proposed subdivision boundary FP' Preliminary Plat Application Property Map RES 2025-0XX - Subdividing Fourth of July Creek Subdivision, Seward Marine Industrial Center, That Point of Block 10, Excluding Lots 1 & 2; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Park Replat Location: 3207 Sorrel Road Parcel #: 14534040 129 Resolution 2025-007 Preliminary Plat Application Floodplain Map RES 2025-0XX - Subdividing Fourth of July Creek Subdivision, Seward Marine Industrial Center, That Point of Block 10, Excluding Lots 1 & 2; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Park Replat Location: 3207 Sorrel Road Parcel #: 14534040 130 399 VICINITY MAP SCALE 1 E " ;4,4 �ro•�ry,W360 zW °z Resolution 2 Fa' �(aW z" tiaz w„ - -�rpr _ J . . 0.00s1 to og 624 of m� 1007 1>- lCC 1' < z 131 Resolution 2025-007 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 '(907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ❑✓PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) ▪ PHASED PRELIMINARY PLATO PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Fourth of July Creek Sub , Seward Marine Industrial Center, Spring Replat PROPERTY INFORMATION: legal description Block 10, Fourth of July Creek Sub., SMIC,Plat No. 97-27 Section, Township, Range Section 18, T1 S, R1E, S.M., AK. General area description Seward Marine Industrial Center City Seward Total Acreage 92.993 SURVEYOR Company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATERn on siteliCity WATERQon site ❑✓ City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and ▪ Preliminary plat NON-REFUNDABLE submittal fee $200.00- ['Certificate to plat for ALL parcels included in the subdivision ▪ Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) o Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. KPB 20.30.030(A) KPB 20.30.170 KPB 20.30.210 APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Stacy Wessel Signature: 669,1.444./ e-mail: stacyy@aklands.com Phone: (907) 744-LAND Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SU9N T2ED Receipt # Resolution 2025-007 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; / V/ b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; V 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; V 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; / v 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; / V/ 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto / 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; N/A 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; N/A 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A Subdivision Name: Date ((kAN LANDS — fond Surveying — November 13, 2024 City of Seward Planning Commission City Hall Building 410 Adams St. Seward, AK 99664 Resolution 2025-007 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com Subject: Request for Exceptions to Regulations for Subdivision of Block 10, Fourth of July Creek Subdivision - SMIC Dear Members of the City of Seward Planning Commission, The City of Seward is undertaking two concurrent subdivision projects (replats) within the Seward Marine Industrial Center (SMIC), which is situated on the eastern side of Resurrection Bay at the end of Nash Road, just six road miles from the city center. SMIC is a specialized heavy industrial area encompassing 0.15 square miles of coastal land, owned entirely by the City of Seward. It serves as a critical hub for maritime services, including full -service shipyards, maritime boat areas, and port facilities. The area is constantly evolving to meet the maritime needs of Alaska. The purpose of this letter is to request exceptions to Kenai Peninsula Borough (KPB) Code 20.30.030(A), 20.30.170, and 20.30.210 for both replats. These exceptions are essential to facilitate important community enhancements and support ongoing industrial developments. Part One: Spring Creek Campground Replat The first replat involves subdividing Block 10, Fourth of July Creek Subdivision Seward Marine Industrial Center, Plat No. 97-27, into two lots, one of which encompasses the current Spring Creek Campground area. Currently, Block 10 encompasses 92.993 acres. The campground is located in the northern section of SMIC and is fronted by Nash Road, a 100-foot dedicated public right-of-way. The subdivision aims to divide Block 10 along an existing fence line, designating the campground area as Tract A, which will be 22.469 acres. This campground has historically been used by visitors and residents for day -use recreation, camping and fishing. By creating a distinct parcel, the City intends to utilize this area independently to better serve public needs. The southern portion of the parcel, to be labeled Tract B, fronts Tract A4—a private service road —and will comprise the remaining 70.534 acres. Page 1 of 4 134 Resolution 2025-007 Part Two: Fourth of July Beach Park Development The second replat, conducted concurrently but to be recorded afterward, involves subdividing Tract B into two lots. One of these lots will absorb Lot 3, Block 8, Fourth of July Creek Subdivision SMIC (Plat 2002-22), forming a single lot intended for a park already known as Fourth of July Beach, located west-southwest of Sorrel Road. The new parcel will eventually be rezoned into a park zoning designation. Additionally, Lot 4A-4, Block 7, JAG Replat will be subdivided into two lots to create a parking area supporting the park. Both the park area and parking lot have dedicated fee simple rights - of -way abutting the new lots, fronted by Sorrel Road, a 60-foot right-of-way. The remaining portions will continue to support SMIC's industrial operations and are fronted by Tract A4, a private road. Exceptions Requested 1. Exception to KPB Code 20.30.030(A) - Proposed Street Layout Requirements and KPB Code 20.30.210 - Lots Access to Street KPB Code 20.30.030(A) states that streets provided on the plat must provide fee simple right-of-way dedications to the appropriate governmental entity. KPB Code 20.30.210 requires that each lot shall abut on a fee simple dedicated street except as provided by KPB 20.30.030(B). o Explanation: In the Spring Creek Campground Replat, proposed Tract A fronts Nash Road, a fee simple dedicated right-of-way available for public use. However, Tract B, the southern remainder, does not front a dedicated right-of- way but fronts on Tract A4, a private 60-foot-wide tract developed as a service road serving SMIC's needs. The City wishes to retain control over this tract to manage access within SMIC, ensuring safety and operational efficiency. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property ■ Controlled Industrial Access: SMIC's heavy industrial nature requires controlled access to ensure safety and security for operations and personnel. Introducing dedicated public rights -of -way could compromise these critical needs. ■ Unique Ownership Structure: The City owns all lands within the subdivision, including Tract A4, allowing for internal management of access without impacting public road systems. Page 2 of 4 135 Resolution 2025-007 3. Necessity for Preservation and Enjoyment of a Substantial Property Right ■ Operational Efficiency and Safety: Retaining private control over Tract A4 is essential for managing traffic flow, restricting unauthorized access, and maintaining safety protocols within the industrial area. ■ Practical Compliance: Granting these exceptions is the most practical way to comply with the intent of the KPB Code while addressing the unique requirements of an industrial maritime center. 4. No Detriment to Public Welfare or Injury to Other Property • Uninterrupted Access: All lots will continue to have access via Tract A4 or Sorrel Road, ensuring no lot is denied access. ■ Enhanced Public Amenities: Creating dedicated park and campground areas enhances public welfare by providing recreational spaces without impeding industrial operations. • Safety Considerations: Controlled access reduces the risk of accidents in heavy industrial zones, protecting both the public and industrial personnel. 2. Exception to KPB Code 20.30.170 - Block Length Requirements KPB Code 20.30.170 requires blocks to be not less than 330 feet nor more than 1,320 feet in length. o Explanation: The current block configuration and proposed subdivisions do not conform to these block length requirements due to the unique layout and ownership structure of the industrial area. All lands within the subdivision are owned by the City, and block lengths are dictated by existing industrial uses and geographic constraints. The block was originally subdivided in 1997. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property ■ Geographic Constraints: The area's geography and existing industrial infrastructure make it impractical to conform to standard block length requirements. ■ Existing Industrial Uses: Operational needs of the industrial facilities require larger parcels for efficient functioning. 3. Necessity for Preservation and Enjoyment of a Substantial Property Right ■ Operational Efficiency: Strict adherence to block length requirements would disrupt existing industrial operations and hinder efficient land use. ■ Practical Compliance: Granting the exception allows the City to optimize land use while maintaining compliance with the overall intent of the code. Page 3 of 4 136 Resolution 2025-007 4. No Detriment to Public Welfare or Injury to Other Property • No Impact on Adjacent Properties: Since the City owns all surrounding land, there is no adverse effect on neighboring properties. • Public Benefit: The subdivision facilitates the creation of public amenities such as parks and campgrounds, enhancing community welfare. Additional Considerations • Compliance with Road Width Standards: Tract A4 has been established with a width of 60 feet, meeting KPB Code requirements for road dedication widths and ensuring adequate access dimensions. • Historical Precedent: The City has previously undertaken similar plats and replats within SMIC to meet evolving needs. These have been reviewed and approved by the Seward Planning and Zoning Commission and the Kenai Peninsula Borough, setting a precedent for the current request. • Future Ownership Considerations: As the City is the sole owner of the lands within the subdivision and plans to retain ownership, the exceptions will not adversely affect future development or ownership transitions. Conclusion In light of the special circumstances and the unique configuration of SMIC—bounded by Resurrection Bay —the City of Seward respectfully requests that the Commission grant the exceptions to KPB Code 20.30.030(A), 20.30.210, and 20.30.170 for both replats. These exceptions are necessary for the practical, safe, and efficient development of the area and align with the intent of the KPB Code without causing detriment to public welfare or adjacent properties. This will also provide additional parks for the public while keeping the industrial area secure and operational. We appreciate your consideration of this request and are available to provide any additional information or answer any questions you may have. Sincerely, 3Z7 �zi Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor Page 4 of 4 137 AKLANDS Lond Surveying October 21, 2024 Vince Piagentini Kenai Peninsula Borough 144 N. Binkley St. Soldotna, AK 99669 Subject: Spring Creek and Park Replat — Letter of Authorization Resolutip@ q-ag Anchorage, AK 99515 (907) 744-LAND. aklands@aklands.com http://aklands.com Mr. Piagentini, I, TcLsc-Y. , is the owner or authorized agent of Lot 1, Block 10 and Block 10, Fourth of July creek Subdivision Seward Marine industrial Center (proposed -Spring Creek Replat) and Lot 4A-1, Block 7, Fourth of July creek Subdivision Seward Marine Industrial Raibow Replat (Proposed Park Replat) and authorize AK Lands, Land Surveying LLC to represent us before the City of Seward and Kenai Peninsula Borough for all requests related to the easement vacation, platting action, and its related activities. City of Sward r�ic;ci.441{\ Dc ,`t1/4-C k'►lkAcC(Z Date 1 of 1 138 Resolution 2025-007 Planning Department 144 N. Hinkley Street, Soldotna, Alaska 99669 • (907) 714-2200 ' (907) 714-2378 Fax PETITION TO VACATE PLATTED RIGHT OF WAY / PLATTED PUBLIC EASEMENT / PLATTED PUBLIC AREA PUBLIC HEARING REQUIRED Upon receipt of complete application with fees and all required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. Initially, a sketch may be included with the vacation petition for review by the Planning Commission. After the Planning Commission takes action on the vacation, a Subdivision Plat must be prepared by a licensed land surveyor. The plat will be processed in accordance with KPB 20.10.080. Platting authority is vested in the Planning Director. SUBMITTAL REQUIREMENTS A platted right of way vacation (ROWV) application will be scheduled for the next available planning commission meeting after a complete application has been received. -$500 non-refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to the vacation fees. n- City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. n50' Public Access Esmt. platted public right of way proposed to be vacated was dedicated by the plat of Fourth of July Creek Sub. Seward Marine Industrial Center subdivision, filed as Plat No. 97-27 in the Seward Recording District. n3 copies of the plat or map showing the platted right of way to be vacated. Must not exceed 11 x 17 inches in size. Area to be vacated must be clearly depicted, Proposed alternative public access to be shown and labeled on the sketch. n- REASON FOR VACATING The petitioner must attach a statement with reasonable justification for the vacation of the platted right of way / platted easement / platted public area. Has the platted right of way been fully or partially constructed? Yes i No Is the platted right of way used by vehicles / pedestrians / other? Yes ✓ No Is alternative right-of-way being provided? / Yes No Are there utility easements associated with the right of way to be vacated? / Yes No Is the platted right of way and or associated utility easement in use by any utility company? ✓ Yes No If so, which utility provider? Public Works -Sewer LEGAL DESCRIPTION ADJOINING LAND: Lot, Block, Subd. or street address Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Plat No. 97-27 Section, township, range Section 18, T1 S, R1 E City (if appliicabre) Seward General area SM1C, West of Nash Road The petition must be signed by owners of a majority of the land affected by the platted right of way proposed to be vacated. Each petitioner must include address and legal description of his/her property. Attach additional signature sheets if needed. Submitted by: Land Owner Name (printed):City of Seward Signature) e-mail:cbringhurst@cityofseward.net Address: . Owner of: Land Owner: Name (printed): Signature e-mail: Owner of: Address: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE tt 139 ((kAN DS — Land Surveying — January 6, 2025 City of Seward Planning Commission 410 Adams St. Seward, AK 99664 Subject: Public Access Easement Request Dear Commission Members of the City of Seward: Resolution 2025-007 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com AK Lands, Land Surveying seeks to replat Block 10 of the Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Plat No. 97-27 into two separate lots. The northern lot, already functioning as a campground and recreation area, will be rezoned as a park. The remaining portion will continue to serve industrial operations. Currently, Block 10 is zoned industrial, and its northern lot includes a gravel pad near Resurrection Bay, bordered by a creek to the north and industrial activities to the south. Visitors regularly use the northern portion for camping, RV parking, and fishing. By subdividing and rezoning this area as a park, the City of Seward will provide safe, exceptional camping opportunities while preserving public access to the waterfront. Request for Vacation of Public Access Easement We respectfully request vacation of the public access easement overlapping the existing utility easement. We do not seek to vacate the utility easement itself. Because the northern lot will be officially dedicated to public park use, an additional public access easement is unnecessary. There is no road or right-of-way in this easement, and no future road construction is anticipated. The campground will remain open to the public, fully meeting public access needs. Criteria for Granting an Exception 1. Special Circumstances (Standard 1) The property is unique in that it borders both a busy industrial zone and popular recreational area. Splitting the lot for designated uses aligns with how the land is already being utilized. 2. Preservation and Enjoyment of Property Right (Standard 2) Vacating the public access easement is the most practical way to support park development and maintain public use. It simplifies land management, allowing the City of Seward to continue offering recreational opportunities without redundant encumbrances. 3. No Detriment to Public Welfare or Surrounding Properties (Standard 3) This action will not harm neighboring properties or the broader community. The public still retains full access to the park for camping, RV use, and fishing. There is no change to existing traffic patterns or infrastructure, and utilities remain protected under the existing easement. Thank you for considering this request. We believe the proposed replat, park designation, and public access easement vacation is in the best interest of both the public and the City of Seward. Page 1 of 2 140 Resolution 2025-007 For any questions or additional information, please feel free to contact me by phone or email. Sincerely, 3ta.7_6?),244.41 AK Lands, Land Surveying, LLC by Stacy Wessel Attachments: 250106 Spring Preliminary Plat -Public Access Vacation.pdf SW97-27 - Seward Marine Industrial Center .pdf Application for KPB Platted Public Easement.PDF 250105 Preliminary Plat-Spring.PDF Page 2 of 2 141 Resolution 2025-007 0 z W O J N z z 0 _ Z LLJ LLJ U J H H Z uJ w w w 77-1 VICINITY MAP z O O 0 0 N O Y THE 50-FOOT PUBLIC ACCESS EASEMENT O W w H Z ¢ Q CC W ¢ CC O cc cC OQ? z2o O J H H Q Z zQa (n W 0 Q cco Op w z O } w O Z H = Z w w Q H J = cCLLIJIK O D (ilU Z Q N w 0 0 �w w(n2 1- O W W 2 W w(l w H cc 0 ]CaJOo Q 2 H LL O >O00Y J wu 0 Z O J cWc CO . O L O LL' } W XZZQw0 W 0 W g w ) H 0 [Li) < E 0 0 W 0 H Q (n Q Z LL> o w J w w O ccz x>> w cnoQUwOw OLL vi Z a (. OC N o 0 O 0 J LL O Q Q LL LL Q W 0 J (9 W H SKY W 2O N H d Q� H Z ZO PO BOX 110485 Lii o Ln _1O m $ E < N • 0 0 U ‹ -0 Zc N (f) 1 LL (6 J -a O co ▪ co cc O • ^ ru m U N- Q Z z o Q ro rn t Q 0 N QI z 142 Resolution 2025-007 U E � s of OWNERSHIP CERTIFICATE r o VN —::— �aall�j App co E 5 ai P £f ILI o � 20 December, 1997 C z w J PLAT APPROVAL seoco-cl 97-a7 143 M MTtl A VICINITY MAP SCALE km ms 0 0 628 LeF Q' >> 144 Resolution 2025-008 RESOLUTION 2025-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTIES LOCATED AT 3207, 3311, & 3314 SORREL ROAD, CREATING THE FOURTH OF DULY BEACH PARK REPLAT Documents: • Agenda Statement • Resolution 2025-008 • Attachments: o Property Map o Floodplain Map o Preliminary Plat o Application 145 Resolution 2025-008 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Planning and Zoning Commission Subject: Resolution 2025-008: Recommending Kenai Peninsula Borough Approval of the Preliminary Plat of the Properties Located at 3207, 3311, & 3314 Sorrel Road, Creating the Fourth of July Beach Park Replat Background and justification: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. Under SCC 16.01.015, no preliminary plat may be submitted to the Kenai Peninsula Borough Planning Commission without prior consent of the city council. This preliminary plat is dividing Tract B in the preliminary Spring Creek Park Replat, Block 10, Fourth of July Creek Subdivision, SMIC, into two tracts of land to be known as, Tract B-1 and B- 2, Block 10, Fourth ofJuly Creek Subdivision, SMIC, Fourth ofJuly Beach Park Replat. Proposed Tract B-2 will also absorb Lot 3, Block 8, Fourth ofJuly Creek Subdivision, SMIC Ship's Drydock Replat. This plat will also divide Lot 4A-4, Block 7, Fourth of July Creek Subdivision, SMIC, JAG Replat into two parcels, Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subdivision, SMIC, Fourth of July Beach Park Replat During the 2023 update of the Municipal Lands Inventory and Management Plan, the Commission recommended that the Fourth of July beach and access area be cleaned up and platted into one parcel so that it could be rezoned to Park. The Commission also recommended that a parcel on the north side of Sorrel Road be platted as a separate parcel for additional parking. This preliminary plat is the first step in fulfilling those recommendations. Seward City Code § 16.01.015(A) states that "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 sections 16.05.015." Tract B-2 and Lots 4A-5 and 4A-6 do not have access to city water, sewer, and electricity. However, the parcels are currently only used for parking and beach access. There are no plans to change this use or to further develop the land. Thus, a subdivision agreement will not be required with this plat. 146 Resolution 2025-008 The east side of Tract B-1 and B-2 and all of Lots 4A-5 and 4A-6 are located within a FEMA mapped flood zone D, which means that there are possible but undetermined flood hazards, however, a flood hazard analysis has not been conducted yet for those areas. The west side of Tract B-1 and B-2, the portions primarily located within the tidelands, are in a VE flood zone. This flood zone indicates a coastal area with a high risk of flooding from storm surges and wave action. Any development occurring within these flood zones will require additional permitting and regulations. All conditions required by Seward City Code § 16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the plat, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zoning: The property is currently zoned Industrial (I). Size: Tract B-1 will be 56.963 acres. Tract B-2 will be 15.331 acres. Lot 4A-5 will be 2.760 acres. Lot 4A-6 will be 0.716 acres or 31,168 square feet. Utilities: Tract B-1 has access to city water, sewer, and electricity on the east side of the property. Tract B-2 and Lots 4A-5 and 4A-6 do not currently have access to city water, sewer, and electricity. Existing Use: The parcels are used for a boat harbor, storage, parking, recreational day use, and beach access. Access: Tract B-1 will have access to Mustang Avenue, Morris Avenue, and Nash Road. Tract B-2 will have access to Sorrel Road. Lot 4A-5 will have access to Sorrel Road and Olga Street. Lot 4A-6 will have access to Sorrel Road. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, Tract B-1 and B-2 have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D and VE. Lots 4A-5 and 4A-6 are located within a FEMA flood zone D. Any development within these hazard areas would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. Vol 1, Chapter 3.6.1.2 147 Resolution 2025-008 Strategic Plan: Other: • Ensure that Municipal land acquired for or converted to long- term or permanent park or recreational uses are officially dedicated as park land N/A Total amount of funds listed in this legislation: This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: Budgeted Line item(s): Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water Attorney Signature: Not applicable Comments: $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Administration Recommendation X Adopt Resolution Other: 148 Resolution 2025-008 Sponsored by: Planning and Zoning Commission Public Hearing: January 27, 2025 CITY OF SEWARD, ALASKA RESOLUTION 2025-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTIES LOCATED AT 3207, 3311, & 3314 SORREL ROAD, CREATING THE FOURTH OF JULY BEACH PARK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the current parcel is three tracts of land, Tract B comprising the tidelands and harbor to the west of SMIC and the Fourth of July beach, Lot 3 comprising the parking and beach access to Fourth of July beach, and Lot 4A-4 comprising parking and storage; and WHEREAS, during the 2023 update of the Municipal Lands Inventory and Management Plan, the Seward Planning and Zoning Commission recommended that the Fourth of July beach area be platted as a single parcel and that a portion of uplands be designated for future parking; and WHEREAS, the proposed plat will divide Tract B into two parcels, Tract B-1, which will encompass the harbor to the west of SMIC, and Tract B-2, which will include Lot 3, will encompass the Fourth of July beach, parking, and adjacent tidelands; and WHEREAS, Lot 4A-4 will be divided into Lots 4A-5 and 4A-6, with Lot 4A-6 being the lot that will be designated as a potential future parking area for Fourth of July beach; and WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and WHEREAS, the size of Tract B-1 and B-2 and Lots 4A-5 and 4A-6 meet the required minimum lot size and lot width for the Industrial zoning district; and WHEREAS, all of Lots 4A-5 and 4A-6 and portions of Tract B-1 and B-2 are located within a FEMA mapped flood zone D; and WHEREAS, the west side of Tract B-1 and B-2 are located within a FEMA mapped flood zone VE; and WHEREAS, any construction within these designated flood zones would require additional permitting; and WHEREAS, there are no plans to change the current use of parking and beach access, or further develop Tract B-2 and Lots 4A-5 and 4A-6; and 149 Resolution 2025-008 CITY OF SEWARD, ALASKA RESOLUTION 2025-008 WHEREAS, Tract B-1 has access to city water, sewer, and electric; and WHEREAS, a subdivision agreement will not be required with this plat; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Council hereby recommends that, in accordance with Seward City Code Section 16.01.015, the Kenai Peninsula Borough approve the submittal of the preliminary plat of Tract B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Replat; Lot 3, Block 8, Fourth of July Creek Subdivision, SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7, Fourth of July Creek Subdivision, SMIC, JAG Replat; Located at 3207, 3311, and 3314 Sorrel Road; Creating Tracts B-1 & B-2, Block 10 and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subdivision, SMIC, Fourth of July Beach Park Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27t" day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 150 Industrial Plat Boundary Proposed subdivision boundary roposed Lot 4A 400 feet Preliminary Plat Application Property Map RES 2025-0XX - Subdividing Tract B, Block 10, Fourth of July Creek Subd., Seward Marine Industrial Center (SMIC), Spring Creek Replat; Lot 3, Block 8, Fourth of July Creek Subd., SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7, Fourth of July Creek Subd., SMIC JAG Replat; Creating Tracts B-1 & B-2, Block 10 and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subd. SMIC, Fourth of July Beach Park Replat Location: 3207, 3311, & 3314 Sorrel Road Parcel #: 14534040 & 14534049 & 14534049 151 N500 feet Preliminary Plat Application Floodplain Map • RES 2025-0XX - Subdividing Tract B, Block 10, Fourth of July Creek Subd., Seward Marine Industrial Center (SMIC), Spring Creek Replat; Lot 3, Block 8, Fourth of July Creek Subd., SMIC Seward Ship's Drydock Replat; and Lot 4A-4, Block 7, Fourth of July Creek Subd., SMIC JAG Replat; Creating Tracts B-1 & B-2, Block 10 and Lots 4A-5 & 4A-6, Block 7, Fourth of July Creek Subd. SMIC, Fourth of July Beach Park Replat Location: 3207, 3311, & 3314 Sorrel Road Parcel #: 14534040 & 14534049 & 14534074 152 Resolution 2025-008 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 '(907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ❑✓PRELIMINARY PLAT REVISED PRELIMINARY PLAT (no fee required) ▪ PHASED PRELIMINARY PLATO PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Fourth of July Creek Sub , Seward Marine Industrial Center, Park Replat PROPERTY INFORMATION: legal description See attached Section, Township, Range Section 18, T1 S, R1E, S.M., AK. General area description Seward Marine Industrial Center City Seward Total Acreage 92.993 SURVEYOR Company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATERn on siteliCity WATERQon site ❑✓ City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and ▪ Preliminary plat NON-REFUNDABLE submittal fee $200.00- ['Certificate to plat for ALL parcels included in the subdivision ▪ Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) o Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. KPB 20.30.030(A) KPB 20.30.170 KPB 20.30.210 APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Stacy Wessel Signature: -ta. ,,, 6,),2.dd2" Phone: (907) 744-LAND e-mail: stacy(a�aklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUINgT4ED Receipt # Resolution 2025-008 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; / V/ b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; V 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; V 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; / v 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; / V/ 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto / 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; N/A 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; N/A 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A Subdivision Name: Date Resolution 2025-008 Park Replat Property Information: Legal Description Subdivision Of: TRACT B, BLOCK 10 FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER,SPRING CREEK REPLAT FILED UNDER PLAT NO. 2025-XX AND LOT 3, BLOCK 8, FOURTH OFJULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT, FILED UNDER PLAT 2002-22 AND LOT 4A-4, BLOCK 7 FOURTH OFJULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, JAG REPLAT FILED UNDER PLAT NO. 2024-XX 156 ((kAN LANDS — fond Surveying — November 13, 2024 City of Seward Planning Commission City Hall Building 410 Adams St. Seward, AK 99664 Resolution 2025-008 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com Subject: Request for Exceptions to Regulations for Subdivision of Block 10, Fourth of July Creek Subdivision - SMIC Dear Members of the City of Seward Planning Commission, The City of Seward is undertaking two concurrent subdivision projects (replats) within the Seward Marine Industrial Center (SMIC), which is situated on the eastern side of Resurrection Bay at the end of Nash Road, just six road miles from the city center. SMIC is a specialized heavy industrial area encompassing 0.15 square miles of coastal land, owned entirely by the City of Seward. It serves as a critical hub for maritime services, including full -service shipyards, maritime boat areas, and port facilities. The area is constantly evolving to meet the maritime needs of Alaska. The purpose of this letter is to request exceptions to Kenai Peninsula Borough (KPB) Code 20.30.030(A), 20.30.170, and 20.30.210 for both replats. These exceptions are essential to facilitate important community enhancements and support ongoing industrial developments. Part One: Spring Creek Campground Replat The first replat involves subdividing Block 10, Fourth of July Creek Subdivision Seward Marine Industrial Center, Plat No. 97-27, into two lots, one of which encompasses the current Spring Creek Campground area. Currently, Block 10 encompasses 92.993 acres. The campground is located in the northern section of SMIC and is fronted by Nash Road, a 100-foot dedicated public right-of-way. The subdivision aims to divide Block 10 along an existing fence line, designating the campground area as Tract A, which will be 22.469 acres. This campground has historically been used by visitors and residents for day -use recreation, camping and fishing. By creating a distinct parcel, the City intends to utilize this area independently to better serve public needs. The southern portion of the parcel, to be labeled Tract B, fronts Tract A4—a private service road —and will comprise the remaining 70.534 acres. Page 1 of 4 157 Resolution 2025-008 Part Two: Fourth of July Beach Park Development The second replat, conducted concurrently but to be recorded afterward, involves subdividing Tract B into two lots. One of these lots will absorb Lot 3, Block 8, Fourth of July Creek Subdivision SMIC (Plat 2002-22), forming a single lot intended for a park already known as Fourth of July Beach, located west-southwest of Sorrel Road. The new parcel will eventually be rezoned into a park zoning designation. Additionally, Lot 4A-4, Block 7, JAG Replat will be subdivided into two lots to create a parking area supporting the park. Both the park area and parking lot have dedicated fee simple rights - of -way abutting the new lots, fronted by Sorrel Road, a 60-foot right-of-way. The remaining portions will continue to support SMIC's industrial operations and are fronted by Tract A4, a private road. Exceptions Requested 1. Exception to KPB Code 20.30.030(A) - Proposed Street Layout Requirements and KPB Code 20.30.210 - Lots Access to Street KPB Code 20.30.030(A) states that streets provided on the plat must provide fee simple right-of-way dedications to the appropriate governmental entity. KPB Code 20.30.210 requires that each lot shall abut on a fee simple dedicated street except as provided by KPB 20.30.030(B). o Explanation: In the Spring Creek Campground Replat, proposed Tract A fronts Nash Road, a fee simple dedicated right-of-way available for public use. However, Tract B, the southern remainder, does not front a dedicated right-of- way but fronts on Tract A4, a private 60-foot-wide tract developed as a service road serving SMIC's needs. The City wishes to retain control over this tract to manage access within SMIC, ensuring safety and operational efficiency. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property ■ Controlled Industrial Access: SMIC's heavy industrial nature requires controlled access to ensure safety and security for operations and personnel. Introducing dedicated public rights -of -way could compromise these critical needs. ■ Unique Ownership Structure: The City owns all lands within the subdivision, including Tract A4, allowing for internal management of access without impacting public road systems. Page 2 of 4 158 Resolution 2025-008 3. Necessity for Preservation and Enjoyment of a Substantial Property Right ■ Operational Efficiency and Safety: Retaining private control over Tract A4 is essential for managing traffic flow, restricting unauthorized access, and maintaining safety protocols within the industrial area. ■ Practical Compliance: Granting these exceptions is the most practical way to comply with the intent of the KPB Code while addressing the unique requirements of an industrial maritime center. 4. No Detriment to Public Welfare or Injury to Other Property • Uninterrupted Access: All lots will continue to have access via Tract A4 or Sorrel Road, ensuring no lot is denied access. ■ Enhanced Public Amenities: Creating dedicated park and campground areas enhances public welfare by providing recreational spaces without impeding industrial operations. • Safety Considerations: Controlled access reduces the risk of accidents in heavy industrial zones, protecting both the public and industrial personnel. 2. Exception to KPB Code 20.30.170 - Block Length Requirements KPB Code 20.30.170 requires blocks to be not less than 330 feet nor more than 1,320 feet in length. o Explanation: The current block configuration and proposed subdivisions do not conform to these block length requirements due to the unique layout and ownership structure of the industrial area. All lands within the subdivision are owned by the City, and block lengths are dictated by existing industrial uses and geographic constraints. The block was originally subdivided in 1997. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property ■ Geographic Constraints: The area's geography and existing industrial infrastructure make it impractical to conform to standard block length requirements. ■ Existing Industrial Uses: Operational needs of the industrial facilities require larger parcels for efficient functioning. 3. Necessity for Preservation and Enjoyment of a Substantial Property Right ■ Operational Efficiency: Strict adherence to block length requirements would disrupt existing industrial operations and hinder efficient land use. ■ Practical Compliance: Granting the exception allows the City to optimize land use while maintaining compliance with the overall intent of the code. Page 3 of 4 159 Resolution 2025-008 4. No Detriment to Public Welfare or Injury to Other Property • No Impact on Adjacent Properties: Since the City owns all surrounding land, there is no adverse effect on neighboring properties. • Public Benefit: The subdivision facilitates the creation of public amenities such as parks and campgrounds, enhancing community welfare. Additional Considerations • Compliance with Road Width Standards: Tract A4 has been established with a width of 60 feet, meeting KPB Code requirements for road dedication widths and ensuring adequate access dimensions. • Historical Precedent: The City has previously undertaken similar plats and replats within SMIC to meet evolving needs. These have been reviewed and approved by the Seward Planning and Zoning Commission and the Kenai Peninsula Borough, setting a precedent for the current request. • Future Ownership Considerations: As the City is the sole owner of the lands within the subdivision and plans to retain ownership, the exceptions will not adversely affect future development or ownership transitions. Conclusion In light of the special circumstances and the unique configuration of SMIC—bounded by Resurrection Bay —the City of Seward respectfully requests that the Commission grant the exceptions to KPB Code 20.30.030(A), 20.30.210, and 20.30.170 for both replats. These exceptions are necessary for the practical, safe, and efficient development of the area and align with the intent of the KPB Code without causing detriment to public welfare or adjacent properties. This will also provide additional parks for the public while keeping the industrial area secure and operational. We appreciate your consideration of this request and are available to provide any additional information or answer any questions you may have. Sincerely, 3Z7 ei Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor Page 4 of 4 160 ((kAN LANDS — fond Surveying — November 13, 2024 City of Seward Planning Commission City Hall Building 410 Adams St. Seward, AK 99664 Subject: Request to Vacate a 5-Foot Utility Easement — Lot 3, Block 8 Dear Members of the City of Seward Planning Commission, Resolution 2025-008 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com In conjunction with our previous request for exceptions to certain Kenai Peninsula Borough (KPB) Codes related to the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Park Replat, the City of Seward is also requesting the vacation of a platted 5-foot utility easement. Request Overview The City of Seward seeks to vacate the platted 5-foot utility easement located along the west 5 feet of Lot 3, Block 8, Fourth of July Creek Subdivision SMIC, Seward Ship's Drydock Replat, Plat 2002-22. This lot is part of an ongoing platting action where it will be absorbed into a newly created Tract located within Block 10, Fourth of July Creek Subdivision SMIC, Plat No. 97-27. Justification for Vacation • No Existing Utilities: The City of Seward Electric, Water, and Sewer GIS applications indicate that there are no utilities within the platted 5-foot utility easement. Therefore, vacating the easement will not disrupt any existing utility services. • Facilitating Development: If the utility easement were to remain in its current position, it could obstruct development within the new lot configuration. Vacating the easement will allow for optimal land use and facilitate creative development opportunities. • Potential for Easement Relocation: If needed, the 5-foot utility easement can be relocated from the former lot line to a location that better serves this development and any future utility requirements. Benefit to the Community Granting the vacation of the 5-foot utility easement will enable the City of Seward to proceed with creating a new lot that enhances economic opportunities and supports the community's development goals. This action aligns with our efforts to improve public amenities and promote efficient land use within SMIC. Page 1 of 2 161 Resolution 2025-008 Conclusion We believe that this request meets the criteria for easement vacations under KPB regulations. Vacating the easement will not adversely affect any existing utilities or properties and will contribute positively to the area's development. We appreciate your consideration of this request and are available to provide any additional information or answer any questions you may have. Sincerely, '' ,, ll �ZLCi.�.c1_ Lf/ Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor 2 of 2 162 AKLANDS Lond Surveying October 21, 2024 Vince Piagentini Kenai Peninsula Borough 144 N. Binkley St. Soldotna, AK 99669 Subject: Spring Creek and Park Replat — Letter of Authorization Resolutimm Anchorage, AK 99515 (907) 744-LAND. aklands@aklands.com http://aklands.com Mr. Piagentini, I, TcLsc-Y. , is the owner or authorized agent of Lot 1, Block 10 and Block 10, Fourth of July creek Subdivision Seward Marine industrial Center (proposed -Spring Creek Replat) and Lot 4A-1, Block 7, Fourth of July creek Subdivision Seward Marine Industrial Raibow Replat (Proposed Park Replat) and authorize AK Lands, Land Surveying LLC to represent us before the City of Seward and Kenai Peninsula Borough for all requests related to the easement vacation, platting action, and its related activities. City of Sward r�ic;ci.441{\ Dc ,`t1/4-C k'►lkAcC(Z Date 1 of 1 163 Resolution 2025-008 req uo sfie;ea co SG N J T--1 r-I roc , ru ®' 164 Resolution 2025-009 RESOLUTION 2025-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2026 INTERNATIONAL DUMP TRUCK AND ACCESSORIES FOR THE PUBLIC WORKS DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $190,000 Documents: • Agenda Statement • Resolution 2025-009 • Attachments: o Sourcewell Pricing Quote 165 Resolution 2025-009 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Doug Schoessler, Public Works Director Subject: Resolution 2025-009: Authorizing the City Manager to Purchase a 2026 International Dump Truck and Accessories for the Public Works Department for an Amount Not to Exceed $190,000 Background and justification: The Street Department identified and asked to replace our oldest 2003 International Dump Truck, vehicle # 136, during the latest budget sessions. The council approved $190,000 for the dump truck purchase in the 2025 Motor Pool Budget. The City of Seward is a member of Sourcewell, a cooperative purchasing vendor. Sourcewell utilized competitive procurement for government agencies to obtain pricing for the dump truck purchase. The sales price is $180,120.24 with RWC International for and the dump truck. This truck will provide reliable service long into the future. This purchase keeps with the established motor pool vehicle replacement policy "Standardization of Equipment is in the City's best interest." Public Works recommends the purchase of a 2026 International HV607 Chasses Dump truck and accessories for an amount not to exceed the $190,000 as approved in the 2025 budget. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: 2025 Motor Pool Budget Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in the amount of: $ Creates a savings in the amount of: $ 166 Resolution 2025-009 Has no fiscal impact Funds are (✓): X Budgeted Line item(s): 03000-1310-8103 Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: S X Yes Attorney Signature: Not applicable Comments: IIIP Administration Recommendation X Adopt Resolution Other: 167 Resolution 2025-009 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2026 INTERNATIONAL DUMP TRUCK AND ACCESSORIES FOR THE PUBLIC WORKS DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $190,000 WHEREAS, the replacement of unit #136, a 2003 International dump truck, which is over 23 years old with 6,597 hours, is necessary to maintain our fleet of dependable vehicles; and WHEREAS, this vehicle will allow the Public Works Department to keep our city streets cleared of snow in the winter and move gravel debris in the summer; and WHEREAS, the City of Seward is a member of Sourcewell, pricing that includes discounts for government purchasing; and WHEREAS, the 2025 Motor Pool Budget approved by Council Resolution #2024-059 includes $190,000 for the purchase of a new dump truck; and WHEREAS, Sourcewell issued a Request for Proposals (RFP) for competitive bids for these class 6, 7, and 8 size truck chassis with related equipment, and awarded a contract to RWC International for $180,120.24; and WHEREAS, the purchase of an International dump truck is consistent with the City of Seward's policy of the standardization of equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to purchase the 2026 International Dump Truck from RWC Group, and related accessories in an amount not to exceed $190,000. Section 2. Funding in the amount of $190,000 from Motor Pool Fund reserves account for the purchase of a 2026 International dump truck, from the account 03000-1310-8103 Motor Pool Capital Equipment. 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 27th day of January 2025. 168 u Delete 8 Archive Q Report ' Reply «- r Reply all -0 Forwar. Resc,� u 2025 -E9309 , F City of Seward - Snow Haul HV607 6x4 Dump Truck ,❑+ 5908-04....2.25.pdf 2324.23...52024.xlsx fdi CA2324-23 R...2.pdf oa+ CA2325-23 R...2.pdf JJVV-V'1 LVLV IIVVV / LVLJ \,/... v LJL'Y.LJLJ V1UCI JI IGG�-YY 111 l\.... v O 293 KB 103 KB v Show all 4 attachments (2 MB) Q Save all to OneDrive - City of Seward y Download all External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jason, Attached is the 2025 Sourcewell pricing for a new dump truck similar to the one from 2019, but with an upgraded J-Craft dump body. It also has 16K front axle and suspension in lieu of 14K, which was what the one in 2019 had. The total price for everything is $180,120.24 FOB Anchorage, AK. If you use the State of Alaska CA2324 contract for the truck chassis and CA2325 contract for the body, your total price would be roughly $282,524 plus freight from Henderson Body in Manchester, IA. That will add roughly $14,000 to the price. I've attached the pricing worksheet and contracts just so you have them. Thanks for the opportunity again Jason. I really appreciate it. Kind Regards, RINC GROUP --» Run Right. OD 1111111111481 Mike Lash General Manager, Alaska Mobile: 9073502325 Direct: 9012650225 Email: mlash[dirwcgmp.com 7880 Sandlewood Place I Anchorage, Alaska 99507 www.rwcgrc po 1SU2U 4005 TRUCKS BUN INGE ®"thuR ce 4110 �.. a1 .1,,,.¢od.1a1 �1 COLLINS. 4 Reply r-3 Forward 169 Resolution 2025-009 A INTERNATIONAL Prepared For: City of Seward Jason Coumoyer PO BOX 167 SEWARD, AK 99664- (907)224 - 5051 Reference ID: 2026 Stock Dump January 02, 2025 Presented By: RWC INTERNATIONAL, LTD. Mike Lash 7880 SANDLEWOOD PLACE ANCHORAGE AK 99507 - (907)279-9591 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. AXLE CONFIG: APPLICATION: MISSION: DIMENSION: ENGINE, DIESEL: TRANSMISSION, AUTOMATIC: CLUTCH: AXLE, FRONT NON -DRIVING: AXLE, REAR, TANDEM: CAB: TIRE, FRONT: TIRE, REAR: SUSPENSION, REAR, TANDEM: PAINT: 40.2 291 187 Model Profile 2026 HV607 SBA (HV607) 6X4 Construction Dump Requested GVWR: 56000. Calc. GVWR: 56000. Calc. GCWR: 80000 Calc. Start / Grade Ability: 22.04% / 2.31 % @ 55 MPH Calc. Geared Speed: 70.6 MPH Wheelbase: 187.00, CA: 119.90, Axle to Frame: 55.00 {Cummins L9 350} EPA 2024, 350HP @ 2200 RPM, 1050 lb-ft Torque @ 1200 RPM, 2200 RPM Govemed Speed, 350 Peak HP (Max) {Allison 3000 RDS} 6th Generation Controls, Close Ratio, 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-Ib GVW and GCW Max, On/Off Highway Omit Item (Clutch & Control) {Mentor MFS-16-143A} Wide Track, I -Beam Type, 16,000-Ib Capacity {Mentor MT-40-14X-4DCR} Single Reduction, 40,000-Ib Capacity, .433"(11 mm) Wall Housing Thickness, Driver Controlled Locking Differential in Forward -Rear and Rear -Rear Axle, R Wheel Ends Gear Ratio: 5.86 Conventional, Day Cab (2) 385/65R22.5 Load Range L HAC 3 (CONTINENTAL), 479 rev/mile, 68 MPH, All -Position (8) 11 R22.5 Load Range G HDR2+ (CONTINENTAL), 491 rev/mile, 75 MPH, Drive {Hendrickson HMX EX 400} Walking Beam, 40,000-Ib Capacity, 54" Axle Spacing, Rubber Springs, with Transverse Torque Rods, Rubber End Bushings Cab schematic 100WL Location 1: 9036, Cool Gray Light (Std) Chassis schematic N/A 170 Proposal: 5908 -04 Resolution 2025-010 RESOLUTION 2025-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REJECTING ALL PROPOSALS FOR THE NORTHEAST HARBOR UPGRADES PROJECT Documents: • Agenda Statement • Resolution 2025-010 • Attachments: o Revised Project Bid — Turnagain 171 Meeting Date: To: Through: From: Resolution 2025-010 City Council Agenda Statement January 27, 2025 City Council Kat Sorensen, City Manager Tony Sieminski, Harbormaster Subject: Resolution 2025-010: Rejecting All Proposals for the Northeast Harbor Upgrades Project Background and justification: In November 2024, the Seward Harbor released an RFP to upgrade a section of the Northeast Harbor floats. The intent was to upgrade X and R to Heavy Duty docks to accommodate more berths during the busy spring/fall seasons, add a transient Y float and power to K float. We closed the RFP on December 17th, and three proposals were evaluated and scored by a committee. With a tie between two of the proposals but both being over budget it was determined to scale down the project. To fall within our budget, we removed some requests from the original project, focus on X and R float and allow each to summit a new proposal. The City received revised proposals and determined that Turnagain Marine was the most responsive and responsible proposer for this project in the amount of $6,995,000. Based on subsequent conversations regarding priorities, it was determined to be in the best interest of the city to reject all proposals submitted for the Northeast Harbor Upgrades Project to concentrate on other projects in the Harbor with a greater return on investment. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: 172 Resolution 2025-010 X Budgeted Line item(s): Not budgeted Not applicable Fund Balance Information Affected Fund: General Boat Harbor Motor Pool Available Fund Balance X Yes SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Signature: /s Kody George Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 173 Resolution 2025-010 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REJECTING ALL PROPOSALS FOR THE NORTHEAST HARBOR UPGRADES PROJECT WHEREAS, in November 2024, the Seward Harbor released an RFP to upgrade a section of the Northeast Harbor floats; and WHEREAS, the intent was to upgrade X and R floats to heavy duty docks to accommodate more berths during the busy spring and fall seasons, add a transient Y float, and add power to K float; and WHEREAS, three proposals were received by the deadline for the RFP on December 17, 2024; and WHEREAS, after evaluating and scoring by a committee we had a tie between two proposals; and WHEREAS, both being over budget, it was decided to scale down the project and allow each to submit a new proposal; and WHEREAS, the city received multiple revised proposals; and WHEREAS, subsequently, administration determined that rejecting all proposals to be in the best interest of the city. This will allow the city to focus on projects with a greater return on investment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council rejects all proposals pursuant to SCC 6.30.080 D. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 174 Resolution 2025-010 CITY OF SEWARD, ALASKA RESOLUTION 2025-010 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 175 Resolution 2025-010 SCHEDULE OF VALUES — LUMP SUM BREAKDOWN Seward NE Harbor Upgrades Project REVISED BASELINE PROJECT - TIEBREAKER Item No. Item Description Quantity Unit Amount Dollars Cents 1 ENGINEERING DESIGN 1 LUMP SUM $135,000 00 2 MOBILIZATION/DEMOBILIZATION & CONSTRUCTION MANAGEMENT 1 LUMP SUM $430,000 00 3 ENVIRONMENTAL COMPLIANCE (PERMITTING & WILDLIFE OBSERVATION/REPORTING) 1 LUMP SUM $140,000 00 4 DEMOLITION, REMOVAL AND SALVAGE 1 LUMP SUM $235,000 00 5 F&I HEAVY DUTY MOORAGE FLOATS AT X- FLOAT 1 LUMP SUM $2,500,000 00 6 F&I MOORAGE FLOATS AT R-FLOAT (Revise to 10-ft wide float, delete steel pipe- mooring rail) 1 LUMP SUM $960,000 00 7 F&I GANGWAY 1 LUMP SUM $215,000 00 8 F&I TRESTLE 1 LUMP SUM $175,000 00 9 FURNISH PILING 1 LUMP SUM $495,000 00 10 INSTALL PILING 1 LUMP SUM $175,000 00 11 F&I POTABLE WATER SYSTEMS 1 LUMP SUM $145,000 00 12 F&I DRY STANDPIPE FIRE SUPPRESSION SYSTEMS 1 LUMP SUM $285,000 00 13 F&I POWER AND LIGHTING SYSTEMS AT X-FLOAT 1 LUMP SUM $515,000 00 14 FUEL SYSTEM REPLACEMENT AT R-FLOAT 1 LUMP SUM $472,500 00 15 FURNISH ANODES 1 LUMP SUM $32,500 00 16 INSTALL ANODES 1 LUMP SUM $85,000 00 BASELINE PROJECT TOTAL PRICE AMOUNT (IN FIGURES): $6,995,000.00 BASELINE PROJECT TOTAL PRICE AMOUNT (IN WORDS): Six Million Nine Hundred Ninety Five Thousand Dollars and Zero Cents COMPANY NAME: Turnagain Marine Construction AUTHORIZED SIGNATURE: \/1 176 Resolution 2025-011 RESOLUTION 2025-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2734.34 WITH R&M ENGINEERING FOR THE HARBORMASTER BUILDING AND UPLANDS SCOPING AND CONCEPTUAL DESIGN IN AN AMOUNT NOT TO EXCEED $95,530 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-011 • Attachments: o R&M Task Order 2734.34 177 Resolution 2025-011 City Council Agenda Statement Meeting Date: January 27, 2025 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Deputy City Manager Subject: Resolution 2025-011: Authorizing the City Manager to Execute Task Order 2734.34 with R&M Engineering for the Harbormaster Building and Uplands Scoping and Conceptual Design in an Amount Not to Exceed $95,530 and Appropriating Funds Background and justification: The Seward Harbormaster's Office was originally constructed in 1968 as part of the 1965 Harbor reconstruction project in the aftermath of the 1964 Good Friday earthquake. The Seward Boat Harbor has grown significantly since that time with multiple expansions. The building itself has had several remodels and major repairs but is far beyond its useful life. The building has many challenges including lack of space for personnel and equipment, the inability to see the harbor from the building, and the lack of nearby parking for people who want to do harbor business. The Port and Commerce Advisory Board, within the Seward Boat Harbor Master Plan, has recommended that the facility be moved to the South Harbor Uplands where there is space for a larger footprint. This location would also allow for a direct view of the harbor itself, the entrance to the harbor, and Resurrection Bay. In order for the city to be ready to receive funding, a 15% design and engineering needs to be completed. The city's investment in this facility will create the opportunity for a strong return on investment. In the Municipal Land Inventory and Use Plan, the recommendation for the South Harbor Uplands parcel is to, "...retain land ownership and continue public uses. This may also be a potential site for a new Harbormaster's office." Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1.7 Encourage and assist in the development of new public services and facilities 178 Resolution 2025-011 Strategic Plan: Other: 3.7.1.3 Continue to improve the quality and efficiency of governmental services Certification of Funds Total amount of funds listed in this legislation: $ 95,530 This legislation: Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are: Budgeted Line item(s): 11001-0000-8101 X $ 95,530 Not budgeted Not applicable Fund Balance Information Affected Fund: General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 461zi° X Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 179 Resolution 2025-011 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER 2734.34 WITH R&M ENGINEERING FOR THE HARBORMASTER BUILDING AND UPLANDS SCOPING AND CONCEPTUAL DESIGN IN AN AMOUNT NOT TO EXCEED $95,530 AND APPROPRIATING FUNDS WHEREAS, the Harbormaster's office was constructed in 1968 as part of the Harbor Reconstruction Plan after the 1964 Good Friday earthquake; and WHEREAS, the building has been remodeled a number of times, required major repairs, and is beyond its useful life; and WHEREAS, this is the next step to put the project in a ready status and make the City of Seward eligible for state and federal funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to execute Task Order 2734.34 with R&M Engineering. Section 2. Funding in the amount of $95,530 is hereby transferred and appropriated in the Harbor Major Repair and Replacement Fund Account no.11001-0000-8101 Infrastructure Expense Account. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of January 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 180 Resolution 2025-011 R&M CONSULTANTS, INC. ANCHORAGE I FAIRBANKS I JUNEAU October 17, 2024 R&M No. 2734.34 Jason Bickling Assistant City Manager City of Seward, Alaska 410 Adams St., City Hall Building Seward, Alaska 99664 RE: Task Order 34 - South Uplands Plan Scoping Dear Mr. Bickling, R&M Consultants, Inc. (R&M) is pleased to submit this fee proposal to the City of Seward under our On -Call Engineering Services contract to provide scoping of the South Harbor Uplands Plan, including consideration and concept design of a future Harbormaster Office. This proposed task order is in response to request from you and the Seward Harbormaster - Tony Sieminski. We reviewed the South Harbor Up/ands P/an and associated figures, which provides guidance on how the land should be developed for economic and recreational use. We understand the city's request is for R&M, supported by KPB Architects, to provide planning, surveying, engineering, and architectural services at a concept level. We propose the following for the South Uplands Plan Scoping task: • Harbormaster Facility Concept Design (KPB/ead) o Programming & Concept Design Options for the Harbormasters Facility o Building massing study to define form and function of the new Harbormaster Office o Deliverables building massing models & bubble diagrams, architectural design narrative • South Uplands Land Use Planning and Analysis (R&MLead) o Review existing Uplands Plan, conduct existing condition analysis and land use code review o Concept planning for redevelopment, reuse, improvements, or modifications o Deliverables.: narrative of findings and recommendations • Site Plan Concepts (R&MLead) o Plat Review and Research o Utility planning and concept engineering o Preliminary Design Concept Development RMCONSULT.COM 19101 VANGUARD DRIVE, ANCHORAGE, AK 99507 1907.522.1707 181 Resolution 2025-011 Page 2 of 2 o Deliverables: concept site plans, concept for preliminary plan, engineering narrative • Scoping Charrette in -person over two days with stakeholders to define needs of the building and site amenities • Several virtual meetings with City Staff • Presentation of final deliverables in -person to City Council All deliverables noted in the efforts above will be packaged into a final report to be submitted to City Council as an informational item following staff review and approval. Attached is a proposal cost breakdown for the task to be invoiced on a Time and Expense basis. Please contact me at toleson@rmconsult.com or 646-9645 if you have questions. Sincerely, R&M CONSULTANTS, INC. Taryn Oleson-Yelle, AICP Senior Planner, Project Manager (Signature) (Date) Accepted by the City of Seward Kat Sorensen, City Manager Jason Bickling, Deputy City Manager 182 911 Vanuard ive Anchorage, AK 99507 • R&M CONSULTANTS, INC. 212 F on tStreet #r150'• Fairbanks, AK 99701.907 452. 270 Engineering Fee Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: South Uplands Plan & Harbormaster Concept Des Project No: 2734.34 10/16/2024 Task Department Task Description Labor Expenses Total Cost 1 Engineering Plan Scoping & Facility Concept Design $ 46,230 $ 28,347 $ 74,577 2 Survey Preliminary Plat Concept $ 20,953 $ - $ 20,953 $ - $ - $ - $ - $ - $ - Total $ 95,530 10/17/2024 TO 34 R&M Fee Proposal_South Uptal3Plan Harbormaster Office - Scoping 1 of 8 A 7 R&M CONSULTANTS INC. I 2122 F oTsui 5 treet #150'. Fai banks, KK99701: 9900774. 07 52 1277007 Engineering Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Task: 1 Plan Scoping & Facility Concept Design Project No: 2734.34 10/16/24 SUB -TASK SUB -TASK DESCRIPTION 1.1 Project Management and Coordination LABOR HOURS PER JOB CLASSIFICATION Project Manager/ Senior Planner Prof 2 Site Devel. GM Prof 4 Utilities Staff GM Prof 5 Engineer Eng 1 Project Senior Engineer Planner Prof 2 Prof 2 Senior Land Surveyor (PLS) 16 8 2 1.2 Research & Plans, Code, As-Builts Review 8 2 8 2 8 1.3 Preliminary Uplands Design Concept Zoning 40 10 8 40 16 24 Land Use Parking Public Facilities Utilities Community Appearance Report 1.4 Scoping Charrette (2 days in person) 24 10 4 Prep & Attendance 1.5 Draft Deliverable Review & Comments 4 4 2 4 2 QC Review of Final Deliverables 4 4 1 Client review, respond to review comments 6 4 2 2 1.6 Presentation to City Council (in person) 10 6 Prep & Attendance TOTAL LABOR HOURS 112 44 13 56 20 40 0 LABOR RATES ($/HR) $152.38 $207.00 $241.50 $112.13 $158.13 $186.88 $201.25 LABOR COSTS ($) $17,066 $9,108 $3,140 $6,279 $3,163 $7,475 $0 EXPENSES DESCRIPTION QUANTITY UNIT PRICE PRICE MARKUP TOTAL PRICE Misc. Field Supplies 1 $ 150.00 $ 150.00 $ $ 150.00 R&M Vehicle Milage 512 $ 0.75 $ 384.00 $ - $ 384.00 Lodging & Meals (2 days, 1 night) 4 $ 343.00 $ 1,372.00 $ - $ 1,372.00 $ - $ - $ - SUB -CONTRACTORS SUB - TASK DESCRIPTION FIRM TOTAL PRICE COMMENTS: 1. Scoping Charrette will be over 2 days in City of Seward, PM will attend both days, Site Development GM and Surveyor will attend one day focused on Uplands Planning 2. KPB will lead Harbormaster Facility concept design, R&M will lead South Uplands land planning and site development concepts. 3. 4. Harbormaster Facility Concept Design KPB $ 24,037 TOTAL LABOR $ 46,230 TOTAL EXPENSES $ 1,906 SUBCONTRACTORS $ 24,037 SUBCONTRACTORS MARK-UP $ 2,404 TOTAL SUB- $ 24,037 TOTAL T&E COST $ 74,577 TO 34 R&M Fee Proposal_South UpId4 Plan Harbormaster Office - Scoping 2 of 8 9101 uard ve • Anchorage, R & M CO N S U LTA N TS, INC . 212 Front Street #150 •Fairbanks, AK 970°1'907.452.5270907.522.1707 ° Engineering Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Task: 2 Preliminary Plat Concept Project No: 2734.34 10/16/24 SUB -TASK SUB -TASK DESCRIPTION LABOR HOURS PER JOB CLASSIFICATION rroJect Manager/ Site Staff Project Senior Senior Devel. GM Utilities Engineer Engineer Planner Planner Prof 4 GM Prof 5 Eng 1 Prof 2 Prof 2 Prnf'J Senior Land Surveyor (PLS) 2.1 Project Management and Coordination 8 4 2.2 Research & Utilities Perlimiary Design Concept 8 4 40 Review & Comments 2 8 Final Concept for Preliminary Plat 2 16 2.3 Scoping Charrette (in -person) 8 2.4 Presentation to City Council 8 TOTAL LABOR HOURS 16 0 0 0 0 0 92 LABOR RATES ($/HR) $152.38 $207.00 $241.50 $112.13 $158.13 $186.88 $201.25 LABOR COSTS ($) $2,438 $0 $0 $0 $0 $0 $18,515.00 EXPENSES DESCRIPTION QUANTITY UNIT PRICE PRICE MARKUP TOTAL PRICE Misc. Field Supplies R&M Vehicle Milage $ 150.00 $ $ 0.75 $ COMMENTS: This estimate is to produce a concept design for the subdivision of Tract H, Seward Original Townsite Waterfront Park Replat (Plat No. 2012-4). The concept will subdivide the existing tract into lease lots and a larger lot to facilitate the construction of a new Harbor Master's building. $ $ $ No fieldwork or platting services are included in this estimate. Expenses are included in Task 1. SUB -CONTRACTORS SUB - TASK DESCRIPTION FIRM TOTAL PRICE TOTAL LABOR TOTAL EXPENSES SUBCONTRACTORS SUBCONTRACTORS MARK-UP $ 20,953 TOTAL SUB- $ TOTAL T&E COST TO 34 R&M Fee Proposal_South UpIHO Plan Harbormaster Office - Scoping $ 20,953 3 of 8 Resolution 2025-011 1< P B August 26, 2024 Don Potter Project Manager R&M Consultants, Inc. 9101 Vanguard Drive Anchorage, AK 99507 RE: South Uplands Plan Seward Harbormaster Building - Concept Design Fee Proposal Dear Don: ARCHITECTS Thank you for the opportunity to provide a proposal for concept design efforts for the South Uplands Plan — Harbormaster Building in Seward, AK. Please find below our understanding of the scope of work as well as our fee proposal. Scope of Work: 1. Attend scoping Charrette in Seward with client (2-days) 2. Assist with the development of a facility program for Harbormaster building and site amenities 3. Prepare multiple Concept design drawings (massing Models) and design narrative 4. Attend virtual meetings with client and R&M to address questions and discuss development of concept designs ((2) 2-hour meetings) 5. Post-charrette development of drawings/design narrative and minutes 6. Develop package for presentation to City Council 7. Present concepts to City Council Deliverables: 1. Building massing models & bubble diagrams 2. Site plans — By R&M 3. Architectural Design narrative 4. Architectural components of the Presentation package Schedule: • Draft Deliverables —10 business days from Scoping Charrette • Final Deliverables — 5 business days from City Council Presentation Fee Summary: • Scoping Charrette in Seward o 2-days (includes mtg/travel & reimbursables) $4,733 • Draft Concept Designs, narratives and presentation materials $12,520 • City Council Presentation & Final Report o 1-day (includes mtg/travel and reimbursables) $6,784 Total Fee: $24,037 500 L Street, Suite 400 Anchorage, AK 99501 P:96'4.7443 F: 907.274.7407 www.kpbarchitects.com Resolution 2025-011 KPB Exclusions & Assumptions: • Fees are Time and Expense T&E (NTE) • Travel mileage based @ $.067/mile • KPB Architects are only providing architectural conceptual design/scope • Project Management by R&M • Concept cost estimate (if required via R&M by sub -consultant) • Other required engineering not included in KPB's fee proposal ARCHITECTS Thank you for the opportunity and please feel free to contact us should you have any questions. We look forward to working with R&M Consultants again! Sincerely, KPB Architects .Y6 Michael A Prozeralik, AIA President/Managing Principal 187 Agenda Item: Discuss updates to the council agenda January 27, 2025 DRAFT for discussion only Additions in yellow and deletions in strikcthrough 2.10.066 Agenda. A. Order of business. The order of business for the regular meetings of the city council shall be as follows: 1. Call to Order; 2. Pledge of Allegiance; 3. Roll Call; 4. Proclamations and Awards 5. Citizen Comments of any Subject Except those Items Scheduled for Public Hearing; 6. Approval of Agenda and Consent Agenda a. Minutes of Preceding Meeting b. Introduction of Ordinances c. Resolutions d. Other Items 7. Special Orders, Presentations and Reports In Person Reports and Presentations a. Proclamations and Awards a. City Manager Report b. City Clerk Report c. City Attorney Report d. Other Reports and Announcements f. Presentations 7. Consent Agenda a. Minutes of Preceding Meeting b. Introduction of Ordinances c. Resolutions d. Action Memoranda c. Other Items 8. Public Hearings a. Ordinances for Enactment b. Resolutions Requiring Public Hearing 9. Unfinished Business 10. New Business (Supp. No. 29-1, Update 2) Created: 2024-12-17 11:50:44 [EST] Page 1 of 3 188 Agenda Item: Discuss updates to the council agenda January 27, 2025 a. Resolutions Ordinances for Introduction b. Action Memoranda Resolutions c. Other New Business 11. Informational Items and Reports a. Boards and Commissions Minute:. 1. Planning and Zoning Commission 2. Port and Commerce Advisory Board 3. Historic Preservation Commission a. Boards & Commissions reports and recommendations to Council b. Other Items 12. Citizen Comments 13. Council and Administration Comments and Response to Citizen Comments 14. Executive Session 15. Adjournment B. Consent agenda - use of. 1. Items on the council agenda which are considered routine by the city manager and city clerk shall be on the consent agenda. 2. Unless the mayor or a council member specifically requests that an item be removed from the consent agenda, all items appearing under the consent agenda are approved with a single motion, no discussion, and one vote. If an item is removed from the consent agenda, the item shall be considered under the regular meeting agenda. C. Council member agenda items. Council members who wish to add items to the agenda must present the item, in writing, to the city clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. D. Prior to the final vote on the agenda, a council member may delete any item from the agenda or postponing any item on the agenda to a subsequent council meeting. However, if any member objects, the member wishing to delete or postpone an agenda item must make a motion to do so. The motion requires a second and must receive four affirmative votes for approval. E. No matters other than those on the agenda shall be acted upon by the city council; provided, matters that seem to be emergencies or of an urgent need by the mayor, or any council member, or the city manager, with an explanation of the emergency or urgency stated in open council meeting, may with the consent of the council majority present, be considered and acted upon by the council. (Ord. 457, 1978; Ord. 482, § 1(part), 1980; Ord. 547, § 1, 1985; Ord. 92-17; Ord. 93-13; Ord. 93-22; Ord. 96-12; Ord. No. 2022-011, § 1, 8-22-2022; Ord. No. 2023-002, § 1, 2-13-2023) 2.10.071 Council packet. A. All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the council at the regular meeting shall be submitted to the city clerk not later than 12:00 p.m. on the Tuesday preceding the Monday meeting. (Supp. No. 29-1, Update 2) Created: 2024-12-17 11:50:44 [EST] Page 2 of 3 189 B. The city clerk shall prepare the agenda for all matters according to the order of business, numbering each item consecutively. C. A complete copy of thc agenda and supporting materials shall be provided to each council member, the city manager, and department h ads no later than 7:00 p.m. on the Saturday preceding thc council meeting. C. The agenda will be published on the city website and posted on the four designated bulletin boards during the week prior to the meeting. D. Thc agenda packet shall be available to the public in the city clerk's office at 9:00 a.m. on thc day of the council meeting and in thc council chambers during ach meeting. The agenda packet shall be published on the city website by 5:00 p.m. on the Friday preceding the council meeting. The packet must also be available in council chambers during each meeting. E. Thc agenda will be published in the local newspaper during the week prior to the meeting. (Ord. No. 2022-011, § 1, 8-22-2022; Ord. No. 2023-002, § 1, 2-13-2023) (Supp. No. 29-1, Update 2) Created: 2024-12-17 11:50:44 [EST] Page 3 of 3 190 City Council Memorandum Meeting Date: January 27, 2025 To: City Council From: Daniel Meuninck, Community Development Director Subject: Receive Council feedback on allowing one member of the Planning and Zoning Commission to live outside Seward City Limits if they live in the greater Seward area and own and operate a business on their property inside city limits Background and justification: The terms for the Planning and Zoning Commissioners end in February. This year there will be three seats opening on the Commission. This discussion item is being added to get the City Council's thoughts on allowing one member of the Planning and Zoning Commission to reside outside of city limits if that individual lives in the greater Seward area and owns and operates a business on a property they own inside Seward city limits. For context, on July 22nd, 2024, City Council appointed the final member to the current Planning and Zoning Commission. Prior to that date, it had been almost a year from when the last time the Planning and Zoning Commission had a full Commission (September 2023). And prior to that, the Commission was not a full strength for almost another full year from October 2021 — August 2022. Recent vacant positions even led to the Commission not being able to meet during the month of March in 2024 due to a lack of quorum. During the period this past year when there were vacant seats on the Commission, Community Development staff was recruiting the community to apply for the open positions. This included reaching out to several community organizations. During a presentation to the Seward Chamber of Commerce, feedback from the community, when the open seats were brought up, was that there was interest in the business community to serve on the Commission, but many of the business owners lived outside of city limits. It was suggested that the City consider allowing an individual serve on the Commission if they owned and operated a business inside city limits. There is precedence for this type of allowance in other jurisdictions. Soldotna, for example, allows two of their seven Planning and Zoning Commissioners to reside outside Soldotna city limits. Two of the main benefits of making this sort of allowance would be to allow the Seward owned business community to have representation on the Commission as well as provide more competition for individuals who wish to serve on the Commission. Community Development staff has had to get creative in ways to recruit for the Commission in the past and can continue to do so. Having this conversation is exploring one of those avenues and will help our staff understand the foundation we are working with as we look to continue to fill these important seats in the future. 191 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes December 4, 2024 Volume 4, Page 169 CALL TO ORDER The December 4, 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 Board Member Dwyane Atwood led the Pledge of Allegiance to the flag. ROLL CALL There were present: Bruce Jaffa, presiding, and Benjamin Smith Dwayne Atwood Melissa Schutter Jesse Groom Norm Regis comprising a quorum of the Board; and Tony Sieminski, Harbormaster Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Ashleigh Lipsey, Executive Assistant Excused — Smith, Groom Absent — None Vacant — One CITIZEN COMMENTS ON ANY SUBJECT Phil Kaluza, inside city limits, spoke on heat pump incentives, emphasizing return on investment and reducing oil use for heating. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Atwood/Regis) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approve November 6, 2024, PACAB Meeting Minutes 192 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes December 4, 2024 Volume 4, Page 170 SPECIAL ORDERS, PRESENTATION, AND REPORTS City Administration Report Executive Assistant Ashleigh Lipsey reported on the tree lighting ceremony, parking enforcement, and harbor project updates. City Clerk Kris Peck noted a laydown for PACAB on a draft of a city clerk sponsored ordinance regarding the board. PACAB discussed the laydown with the clerk and a possible revised meeting schedule. Other Reports and Announcements Alaska Railroad Report Seward Port Manager Dwayne Atwood updated the board on cargo operations and cruise ship schedules. He said there was a presentation on dock projects and shore power planned for PACAB on January 15, 2025. Chamber of Commerce Report Chamber Board President Melissa Schutter reported on the ongoing discussions of bed tax funding and contract negotiations between the chamber and the city. Presentations Comprehensive Plan Surveys by Community Development Director Daniel Meuninck and City Planner Courtney Bringhurst NEW BUSINESS Other New Business Discuss Rebates and Incentives for Alternative Energy Jaffa summarized prior discussions on heat pump block rate proposals. Electric Operations Supervisor Taylor Crocker discussed Advanced Metering Infrastructure (AMI) benefits, including real-time monitoring and potential incentives. Special guest Phil Kaluza emphasized implementing heat pump programs without delays. PACAB discussed AMI costs, policy steps, and potential upgrades. 193 City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes December 4, 2024 Volume 4, Page 171 INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings PACAB calendar update: PACAB cancelled their December 18, 2024 work session due to proximity to Christmas Holiday. PACAB rescheduled their Wednesday, January 1, 2025 meeting rescheduled to January 15, 2025 due to New Year's Day Holiday. This meeting would replace the work session. BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Lipsey appreciated Meuninck and Bringhurst for their community wide presentations on the Comprehensive Plan. Lipsey drew attention to the new City Manager Newsletter as a way for the community to stay informed. Sieminski supported Community Developments efforts with the Comprehensive Plan surveys and encouraged everyone to complete the surveys. He said it was nice to see an audience in the front row. Regis thanked Community Development for the presentation on surveys, and thanked Phil Kaluza for the information on the heat pumps. Regis mentioned the community Christmas Party at the Sealife Center tomorrow and Santa was going to be there with snacks and drinks Schutter thanked the Community Development presenters today. She thanked Taylor Crocker and Phil Kaluza for sharing their expertise. She thanked city administration for the wonderful Christmas light decorations. Lastly, she mentioned the Seward Rotary Club had partnered with the Parks & Recreation Department for a Breakfast With Santa event on on Dec 14, 2024. Regis added more information on upcoming Christmas events. Atwood echoed previous comments. He appreciated the presentation from Community Development and the Comprehensive Plan surveys. He thanked the City Clerk for being proactive with the draft ordinance. Atwood recalled the seasonal PACAB hiatus was geared towards board members who were gone all summer for fishing. He thanked Taylor Crocker for information on metering and power. Lastly, Atwood wished everyone a happy holiday season. Jaffa highlighted the open position on PACAB and the sunset of the heat loop committee, potential scalable options for library heating. Jaffa suggested if the board wanted to comment and provide feedback for code changes on the ordinance to email comments to the clerk. Spoke to administration on the comprehensive planning and thanked them for an excellent presentation by Danny and Courtney. He also thanked Taylor and Phil for coming in and speaking. Kurtz added that Groom was excused for this meeting. 194 City of Seward, Alaska December 4, 2024 ADJOURNMENT The meeting was adjourned at 1:40 p.m. Port and Commerce Advisory Board Meeting Minutes Volume 4, Page 172 Approved but not yet signed Jodi Kurtz Bruce Jaffa Deputy City Clerk Chair (City Seal) 195 City of Seward PO Box 167 Seward, Alaska 99664 January 13, 2025 Kris Peck, City Clerk City of Seward Re: Work Session Request for Monday, February 10, 2025 Mr. Clerk, City Manager's Office Kat Sorensen, City Manager ksorensen@cityofseward.net RECEIVED JAN 13 2025 OFFICE OF THE CITY CLERK Please consider this my written request, as required by Seward City Code 2.10.030 (D)(1), for a work session on Monday, February 10, 2025 at 6:00 p.m. on the following topic: Design and engineering for the Seward Fire Station Thank you, G t Sorensen, City Manager APPROVED IC 1 196 To: The Honorable Sue McClure The Seward City Council Kat Sorensen, City Manager Jason Bickling, Assistant City Manager Ashleigh Lipsey, Executive Assistant From: Sebastian O'Kelly, Genevieve Cowan, Brad Gilman & CJ Zane Re: Washington Report Date: January 7, 2025 119th Congress Republicans were successful in securing control of the Presidency and both bodies of Congress in this year's elections. President-elect Trump will be sworn in on January 20th. Members -elect of Congress were sworn in on January 3rd, the day when the House of Representatives elected its Speaker. Speaker Mike Johnson (R-LA) won election to another term of the position, despite concerns from some hardline conservatives. A total of 218 Republicans voted for Johnson. Rep. Thomas Massie (R-KY) voted for House Majority Whip Tom Emmer (R-MN). Reps. Keith Self (R-TX) and Ralph Norman (R-SC) voted for people other than Johnson but changed their vote after a lengthy break in the proceedings. All 215 Democrats voted for House Minority Leader Hakeem Jeffries (D-NY). Congress will be in session more than usual for the first few months of 2025 and will have a busy agenda. The Senate will be considering confirmation of Trump Cabinet nominees. Both bodies will also be developing legislation to implement the major elements of the Trump Campaign platform concerning immigration, energy production, and 2017 tax cuts extension. These parts of the Trump agenda will be considered in a process called "reconciliation" which is a mechanism that can bypass a Senate filibuster provided certain tax and spending criteria are met and deemed "in order" by the Senate Parliamentarian. The President-elect's plans for tariff increases do not require Congressional approval. They will proceed on a separate track, although it's possible they could be included in reconciliation legislation as revenue offsets for tax cuts extension. The Republican margins of control in both the House and Senate are very tight. In the Senate, Republicans were able to gain 4 seats and have a 53-47 seat advantage. In the House of Representatives, the Democrats gained one seat. Three House Republicans have resigned or are resigning after being re-elected to pursue positions in the Trump Administration. This ensures that for the first quarter of this year, the Republicans will have 217-215 margin, the closest margin of party control in the House since 1930. The three vacant House seats will be filled by special elections in 2025, with the general election for the two Florida vacancies held April 1 and the New York vacancy later in the year. Republicans will be favored in the three races. With Senator Marco Rubio (R-FL) nominated as Secretary of State and Senator J.D. Vance (R-OH) 197 becoming Vice President, those seats will be filled by Gubernatorial appointment. Under those states' laws, those appointed to fill Senate seats can serve until the next election cycle. In Alaska, Rep. Peltola lost a close race to Nick Begich. Mr. Begich is in the process of hiring staff and getting his DC office set up. He will be serving on the Transportation & Infrastructure and Natural Resources Committees. These are the same Committees Rep. Young and Rep. Peltola served on and are good committees to sit on from an Alaska perspective. Ms. Peltola has not declared her future political plans. In the Senate, Senator Murkowski will likely Chair the Interior Appropriations Subcommittee as well as the Indian Affairs Committee. She will also be a senior member of the Energy & Natural Resources Committee. When Senator McConnell (R-KY) retires in 2026, she will move up the number two position on the Senate Appropriations Committee. Depending on whether Senator Susan Collins (R-ME) decides to run for re-election in 2026, Senator Murkowski could then become Chair (or Ranking Member) of the full Appropriations Committee, the position that Senator Stevens held his last few years of service. Senator Murkowski is up for re-election in 2028. She has not indicated her plans and is unlikely to do so until after the 2026 mid-term elections. Senator Sullivan will retain his seats on the Armed Services; Commerce, Science & Transportation; and Environment & Public Works Committees. As a Member of the Commerce, Science & Transportation Committee, he is currently Ranking Member of its Oceans, Fisheries, Climate Change, and Manufacturing Subcommittee and will likely be its Chair this Congress. He will also likely Chair the Armed Services Committee's Readiness and Management Support Subcommittee. He has also joined the Senate DOGE Caucus (see below). Senator Sullivan will be running for re-election in 2026. There is currently no announced opponent. FY 2025 Appropriations & Congressionally Directed Spending/Community Projects (CDS/CP) Congress has pushed final consideration of the FY 2025 appropriations bills into the first quarter of 2025. While not ideal from an agency budgeting and management standpoint, delay in enactment of the annual appropriations bills until Q1 is not unusual and has occurred three of the last four years. The Federal government is currently operating under a Continuing Resolution (CR) until March 14. The CR also incorporated disaster relief funding (including for fisheries — see Oceans & Fisheries section) as well as a one year extension of Farm Bill programs. Included in the pending FY 2025 appropriations bills are the following CDS/CP projects that were part of the submissions to Senator Murkowski and Rep. Peltola earlier in the year by the City — Aging Water Mains Replacement ($4 million) and SMIC Waterfront Infrastructure Upgrades ($250,000). The Water Mains project was submitted by Senator Murkowski while Rep. Peltola submitted the SMIC project to the respective Senate and House Appropriations Committees. Both projects await the final outcome of the FY 2025 appropriations process. 198 FY 2026 Appropriations & Congressionally Directed Spending/Community Projects (CDS/CP) The turnaround to submit CDS/CP project requests for the FY 2026 appropriations bills is happening quickly. Senator Murkowski's online submission portal opened on January 2nd and close on February 14th. Her submission portal can be found at the following link Appropriations and CDS Request Page. Senator Sullivan does not submit CDS/CP project requests to the Appropriations Committee. We don't know yet what will be Rep. Begich's policy. For any City requests, we will handle the online submissions but recommend that the projects be ranked in order of priority by you and endorsed in a resolution. Senator Murkowski's office has also asked that projects pending in the FY 2025 Appropriations Bills be re -submitted as well. Clean Port Emissions Grant EPA has awarded the City a $45.7 million grant to install clean emissions port infrastructure technology and equipment. The Alaska Delegation supported this project with a letter to the EPA Administrator urging its award. Seward Fast Response Cutter Dock The National Marine Fisheries Service has approved the USCG request for a permit to mitigate the impact of dock pile removal and driving on the hearing of nearby marine mammals as part of the FRC dock project. We are still waiting on the final FY 2025 appropriations bills for the outcome of the $17 million needed to fully fund construction of the dock. These funds would be added to the $25 million in appropriations that were enacted in FY 2024. $17 million was included in the House Appropriations Bill funding the Coast Guard, but no funds are in its Senate counterpart. Lowell Creek Tunnel — 0 & M ResponsibilAy Congress has enacted the Water Resources Development Act of 2024 (WRDA) which includes language that extends the Corps' 0 & M responsibilities for the Lowell Creek Tunnell from 2027 to 2032, or until such time as the new project is built, whichever comes first. In flood years, LCT tunnel 0 & M costs can be significant. Senator Sullivan sponsored the provision while Rep. Peltola provided support in the final House -Senate negotiations. Department of Government Efficiency (DOGE) Under the leaderships of tech entrepreneurs and businessmen Elon Musk and Vivek Ramswamy, President-elect Trump has formed the Department of Government Efficiency (DOGE) to develop recommendations to streamline Federal government operations, cut wasteful spending, reduce regulations, and eliminate, restructure or privatize certain departments and agencies. 199 DOGE is not actually a department per se, but an outside advisory body that will make recommendations. Those recommendations will be non -binding and it will be up the Executive and Legislative Branches (or both) to consider and decide on how/whether to implement them. The DOGE will be in operation until July 4, 2026, the date of America's 250th anniversary. We will closely monitor and report on the DOGE's activities, given that its recommendations could have significant costs or benefits for Alaska communities. DOGE has already had an impact on the timing, substance and enactment of the latest CR. Social Security Benefits Legislation For State & Local Government Employees Congress has passed legislation to address Social Security benefit inequities in many Federal, State and local government pension plans (including in Alaska) impacting almost 3 million retirees nationwide. The legislation repeals the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Under current law, the WEP reduces the Social Security payments for an individual receiving a public pension from a job not covered by Social Security. For example, a public school teacher who does not earn Social Security but works during the summer in another job covered by Social Security gets a lesser benefit, even though they pay into the system for enough quarters to be eligible for Social Security benefits. Likewise, the GPO affects the spousal benefits of people who work as Federal, State, or local government employees — including police officers, firefighters, and educators — if the job is not covered by Social Security. The GPO reduces by two-thirds the benefit received by surviving spouses who also collect a government pension. The cost of the bill is estimated at $196 billion over 10 years and is not "paid for" and therefore will move forward the projected insolvency of Social Security Trust Fund by 6 months. The legislation passed on a bipartisan vote and is strongly supported by the Alaska Congressional Delegation. Department of Transportation Grant Opportunities Federal DOT has announced two new grant opportunities as follows. • USDOT's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program provides grants for surface transportation infrastructure projects with significant local or regional impact. The FY2025 RAISE NOFO is now open. Applications are due no later than 11:59 p.m. ET on January 30, 2025. Visit the RAISE webinar series page to join an upcoming webinar or find recordings and materials from past webinars. • FHWA has posted the Fiscal Years (FY) 2024-2026 NOFO for the Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) Discretionary Grant Program, a competitive grant program created by BIL to help make surface transportation more resilient to natural hazards, including climate change, sea level rise, flooding, extreme weather events, and other natural disasters. This NOFO offers a total of up to $876 million in funding through two application periods, including up to $576 million for FYs 2024 and 2025, and up to $300 million for FY 2026. The FY 2024-2025 application period opened on October 25, 200 2024, and will remain open for applications through February 24, 2025. Visit the PROTECT Discretionary Grant Program Website to find recordings and slides from webinars FHWA hosted in November on the PROTECT grant opportunity. Fisheries & Oceans • Ballast Water Management on Commercial Fishing Vessels: Back on October 9th the EPA published the Final Rule on national ballast water management program requirements including on commercial fishing boats. The definition of ballast water is very comprehensive and included any liquid stored in any manner that may affect stability. ROMEA staff worked on this issue for years (EPA mtg early 2019, webinar & comments 2020 & 2021) to secure an exemption for the industry from these requirements for liquids/ice/brine/fresh water/chilled sea water taken on board commercial fishing vessels. The October 2020 Trump Administration proposed rule contained our preferred industry exemption and that language was ultimately retained by the Biden EPA. See this quote from the Rule (89 FR 82074 at page 82091...EPA is clarifying here that the definition of "ballast water" does not include discharges of fresh water, sea water, or ice carried onboard a vessel for food safety and product quality purposes and as such are not subject to the ballast water requirements in the final rule. Since 2006 ROMEA staff helped to secure exemptions from both EPA's incidental discharge AND ballast water requirements for Clients in the commercial fishing industry from AK and the rest of the country. We can finally close the books on these issues! • Fisheries Disaster Assistance: The Continuing Resolution includes $300 million in funding for fisheries disasters. These funds will cover fisheries disasters that have been declared by the Secretary of Commerce but not yet funded, including for a number of Alaska fisheries. • North Pacific Right Whale Critical Habitat Designation: We continue to expect NOAA to issue a revised and expanded ESA critical habitat (CH) area for Eastern North Pacific right whales off AK. So far, there is no clear indication of when this proposed rulemaking will occur. • Western North Pacific Gray Whale DPS: NOAA has issued a revised but non - substantive description of the WNP Gray Whale Distinct Population Segment (89 FR 102000). While the population is listed as "endangered", there is currently no critical habitat designated in U.S. waters. In the past and rarely, individual WNP gray whales have wandered into the U.S. EEZ off the West Coast & Alaska. At this time, we do not consider the conservation and management of this DPS to be a threat to AK fisheries. • Rep. Peltola Fisheries Bills: None of the fish bills introduced by AK Rep. Peltola received any House committee action and none passed Congress this year. These included -- o The Bycatch Reduction and Mitigation Act which would have provided increased funding for NOAA's Bycatch Reduction and Engineering Program (BREP); and 201 create a national grant program which could accept donations to promote bycatch reduction technology, including on smaller fishing vessels. o The Bottom Trawl Clarity Act which would have required the Regional Fishery Management Councils to limit use of any mobile gear with "substantial" bottom contact to only certain areas of the ocean. o The FISH Act which would have addressed fisheries and ecological resilience, regional seafood infrastructure and industry competitiveness issues. o The Domestic Seafood Production Act which would have required the USDA to develop an action plan to increase U.S. seafood processing of seafood and mariculture through the use of grants and cooperative agreements. The bill also includes a ban on offshore aquaculture. • FISHES Act Update: Congress has passed S. 4262/H.R. 5103 --"Fishing Impacts to Streamline untimely Regulatory Hurdles Post Emergency Situation Act" ("FISHES" Act) to put statutory timeline requirements on approval and funding of fishery disaster spend plans submitted to NOAA. On a related topic, earlier this fall Rep. Nancy Mace (SC-R- 1St) introduced a bill (H.R. 10010; the "Protect American Fisheries Act of 2024") to further amend the fishery disaster provisions by adding "economic cause" (i.e. the direct result of impacts on U.S. seafood markets due to activities of a foreign entity) as a justifiable Federal fishery disaster. For this Congress, the Mace provision will not become part of the national fishery disaster reform effort. • Magnuson Stevens Act (MSA) Reauthorization: The MSA reauthorization effort for the 118th Congress never fully materialized. On June 27th former HNR WWF Subcommittee chairman (and current WWF Subcommittee Ranking Member) Rep. Jared Huffman (D-CA) reintroduced his MSA reform bill titled "Sustaining America's Fisheries for the Future Act" (SAFFTFA). Joining Mr. Huffman on the bill was Rep. Peltola (D-AK). House Natural Resources Committee staff has already reached out to ROMEA staff to discuss MSA reforms under a Republican -controlled Congress in 2025. The Democratic Caucus has selected Rep. Huffman to be the Ranking Member of the Full Committee in the next Congress. • Aleutian Islands Oil Spill Recovery And Planning: The Natural Resources Disaster Act Federal Trustees led by NOAA and the U.S. Fish & Wildlife Service has issued for public comment its Draft Damage Assessment and Restoration Plan for recovery and prevention measures from the oil spill caused by M/V Selendang Ayu accident. The recommendations are intended to benefit the entire region. The plan recommends creation of a new Aleutian Watch Program along with communications upgrades to better monitor and track vessel traffic through the Aleutian Islands. • Heart of the Ocean "PRIME" AK Marine Sanctuary: Back in a July 2023 hearing on the NOAA budget and in response to a question from AK Senator Sullivan, NOAA Administrator Richard Spinrad stated that the agency has "no plans to initiate the designation process" for the HOA proposal. In December 2023 NOAA again reiterated the agency had no plans to proceed with a formal designation. However, these statements do not remove the sanctuary from potential monument designation by executive action 202 pursuant to the Antiquities Act. On this same topic -- a national industry coalition (one that ROMEA staff participate with on behalf of our clients) sent a letter to President Biden opposing the designation of marine monuments in the waning days of the Administration. Over 150 commercial fishing associations, companies, and coastal communities, including from Alaska, signed the letter. • NOAA To Revise National Standard Guidelines for 4, 8 & 9: We understand NOAA is still considering revising the implementing guidelines for National Standards 4 (allocation), 8 (impacts to communities), and 9 (bycatch, including the "practicability" standard), of the Magnuson -Stevens Fishery Conservation and Management Act (MSA). The Agency had issued a Notice of Proposed Rulemaking (ANPRM) back in May 2023 (See 88 FR 30934). A Proposed Rule was reportedly at OMB for final review this fall and was expected to publish in December 2024 or January 2025 for public comment. However, we note that the rulemaking is geared toward issues related to climate change and environmental justice — thus, it remains to be seen whether the initiative survives the change in Administration. We will continue to monitor the issue. • H2B Visa News: On November 12th Kentucky Senator Rand Paul introduced S.5299, the "Paperwork Reduction for Farmers and H2A Modernization Act" which would give the seafood industry access to workers with H2A Visas. The bill did not move out of the Senate Judiciary Committee and thus, will not become law this year. In related news -- back on November 21' Maine Senators Susan Collins and Angus King announced that Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and Department of Labor (DOL) Acting Secretary Julie Su are expected to make an additional 64,716 H- 2B temporary nonagricultural worker visas available for Fiscal Year 2025 (FY 25), on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. Additional program details are expected in a pending rulemaking • Coastal Habitat Conservation Act of 2023 Becomes Law: The Coastal Habitat Conservation Act of 2023 passed Congress and was signed into law on December 11th as P.L. 118-138. The bipartisan legislation (composed of elements from H.R. 2950 and S. 1381) enables the USFWS to provide funding for projects related to coastal habitat restoration, monitoring and protection. • USCG Merchant Mariner Online Credentialing: The USCG has issued a final rule that will implement a new online system for mariners to apply and pay for their credentialing. The rule also removes the requirement for in -person oath -taking. • NOAA's Seafood Import Monitoring Program (SIMP) Update: In November NOAA Fisheries announced the outcomes of its successful comprehensive review of the U.S. Seafood Import Monitoring Program (SIMP) with issuance of an action plan to strengthen and enhance the Program's ability to combat illegal, unreported, and unregulated (IUU) fishing and seafood fraud. The actions we have identified address concerns and recommendations raised by more than 7,000 diverse stakeholders in industry, governments foreign and domestic, academia, fishery managers, and the public. This plan aims to ensure parity for the domestic seafood industry and improve our ability to ensure U.S. seafood imports are legally harvested. 203 NOAA Fisheries plans to amend SIMP to fundamentally improve the program and our ability to meet the following goals: o Enhance NOAA Fisheries' ability to combat IUU fishing through improved traceability and risk detection, strengthening the sustainability of seafood globally o Contribute to government -wide efforts to address forced labor in the global seafood supply chain o Strengthen the integrity and fairness of global seafood supply chains by promoting fair seafood trade practices around the world o Improve NOAA Fisheries implementation of SIMP and building our capacity to maintain and grow the Program Program changes will require updating, expanding, and modernizing the technology that SIMP uses. All of these improvements can be made internally or through regulatory changes, and do not require new statutory authorities. NOAA Fisheries intends to publish a proposed rule outlining these changes for public comment followed by a final rule thereafter. This fall, NOAA Fisheries will begin implementing certain actions, including rulemaking and technical and programmatic updates, as resources allow. The timeline of these actions is subject to change. As NOAA Fisheries implements the action plan, existing SIMP requirements and reporting obligations remain active. In implementing changes to SIMP, NOAA Fisheries will continue to support industry to minimize disruptions, reduce the effort needed to satisfy program requirements, identify supply chain risks, and increase confidence in the compliance process. 204 January 2025 2025 January 2025 Th February SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 29 30 31 Jan 1, 25 2 3 4 II New Year's Day 5 6 7 8 9 10 11 7-00pm PRt7 Mtgl 12 13 14 15 16 17 18 I6:00pm CC WS (Design & Eng Fire Stnl I 12:00pm PACAB Mtg 7.00pm CC Mtg 19 20 21 22 23 24 25 6:00pm P&Z WS 26 27 28 29 30 31 Feb 1 I 5:30pm CC PZ Joint WS 5:30pm HPC IWS/Mtg 7:00pm CC Mtg Council Calendar 1 205 1/23/2025 11:15 AM February 2025 February 2025 Th March 025 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 9 10 11 12 13 14 15 16 17 18 19 20 21 22 16 17 18 19 20 21 22 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 26 27 28 29 30 31 Feb 1 2 3 4 5 6 7 8 7-00pm PFit7 Mtgl I 12:00pm PACAB Mtg 9 10 11 12 13 14 15 7:00pm CC Mtg 16 17 18 19 20 21 22 II President's Day I 1 6:00pm P&Z WS I 112:00pm PACAB WS 23 24 25 26 27 28 Mar 1 1 7.00pm CC Mtg Council Calendar 2 206 1/23/2025 11:15 AM March 2025 March 2025 April SuMo TuWe Th Fr Sa SuMo TuWee TTh h Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 23 24 25 26 27 28 Mar 1 2 3 4 5 6 7 8 7:OOpm PPi7 Mtgl I 12:00pm PACAB Mtg 9 10 11 12 13 14 15 7.00pm CC Mtg 16 17 18 19 20 21 22 6:OOpm P&Z WS I I 12:00pm PACAB WS 23 24 25 26 27 28 29 7.00pm CC Mtg 30 31 Apr 1 2 3 4 5 n Seward's Day Council Calendar 3 207 1/23/2025 11:15 AM