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Home My WebLink About02222010 City Council PacketVft, Seward City Council Agenda Packet Happy Birthday! February 22, 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska !� CITY COUNCIL MEETING AGENDA ` {Please silence all cellular phones and pagers during the meeting ) February 22, 2010 7:00 p.m. Council Chambers Willard E. Dunham Mayor Term Expires 2011 Jean Bardarson Vice Mayor Term Expires 2010 Robert Valdatta Council Member Term Expires 2011 Tom Smith Council Member Term Expires 2011 Vanta Shafer Council Member Term Expires 2011 Marianna Keil Council Member Term Expires 2010 Linda Amberg Council Member Term Expires 2010 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZENS' 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 2 minutes per speaker and 30 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards L Sponsor Appreciation Night....................................Pg. 4 2. Teen and Youth Center Adelmann Award ............... ..Pg. 8 B. Borough Assembly Report C. City Manager Report D. Mayor Report .................................................. . Pg. 11 E. Chamber of Commerce Report F. Other Reports, Announcements and Presentation PUBLIC HEARINGS A. Resolutions Requiring a Public Hearing 1. Resolution 2010-012 Authorizing The Disposal Of Lot AU, Forest Acres Subdivision, Subject To A Public Use Easement, To Steve And Maureen Lemme In Exchange For $4,000 And A Public Use Easement On Lot ZZ, Forest Acres Subdivision For The North Forest Acres Levee/Road Project, And Appropriating Funds........................................pg. 14 City of Seward, Alaska Council Agenda February 22, 2010 2. Resolution 2010-013, Recommending Kenai Peninsula Borough Approval Of The Two Lakes Park Preliminary Replat Which Establishes The Outer Boundaries Of The Two Lakes Park, Includes The Vacation Of All Interior Undeveloped Rights -Of -Way, Easements And Interior Platted Lot Lines; And Dedicates Additional Easements And Extends The Vista Avenue Right -Of -Way North Providing Legal Access To USS 1931, Located Predominately Within The Park Zoning District................................................................. Pg. 29 8. UNFINISHED BUSINESS -None 9. NEW BUSINESS A. Resolutions * 1. Resolution 2010-014, Authorizing The City Manager To Enter Into An Agreement With West Construction Company At A Rate Of $4.88 Per Cubic Yard For An Amount Not -To - Exceed 19,900 Cubic Yards Of Rock From The Quarry For An Extension To The Breakwater At The Seward Small Boat Harbor .......................................... ...Pg. 53 2. Resolution 2010-015, Affirming Council Support For Fluoridation Of The Public Water Supply To Improve Oral Health, And Directing The City Manager To Determine The Requirements And Costs For Safely Adding Fluoride To The Community Water System And Report On Grants And Other Funding Sources For Subsidizing Those Costs .............Pg. 62 *3. Resolution 2010-016, Amending The 2009 Budget To Account For Unbudgeted Revenues From Exxon Valdez Oil Spill Settlement Proceeds................................Pg. 68 *4. Resolution 2010-017, Amending The 2009 Budget And Appropriating $430,411.62 From The State Of Alaska To The Public Employees Retirement System On Behalf Of The CityOf Seward........................................................................ ...........Pg. 70 *5. Resolution 2010-018, Authorizing A Memorandum Of Understanding With Providence Health & Services To Account For The Transfer Of Funds Necessary To Facilitate Debt Service Payments Associated With Seward Mountain Haven................................Pg. 74 *6. Resolution 2010-019, Approving Amendment #7 To The Employment Agreement With TheCity Clerk........................................................................... ......... Pg. 80 *7. Resolution 2010-020, Authorizing The Transfer Of $8,150 In Unexpended Grant Funds From The 2009 Library Budget Into A Special Revenue Fund To Complete The 1964 Earthquake Documentary Film....................................................................Pg. 83 B. Other New Business Items * 1. Approval of the February 8, 2010 regular city council meeting minutes... ......Pg. 90 *2. Appoint Tena Morgan and Sandra Roach' to the Seward Planning & Zoning Commission with a term to expire February 2013...........................................Pg. 98 *3. Non objection to the liquor license renewals for BPO Elks Lodge #1773, The Seward Alehouse, The Breeze Inn, and The Marina Restaurant....................................Pg. 100 City of Seward, Alaska Council Agenda February 22, 2010 4. Discussion whether Seward should respond to the Request for Information online to volunteer as a test case for faster internet service with Google ..........................Pg.. 117 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Examples of letters sent to students and coaches congratulating them on placing in the Alaska Tsunami National Ocean Science Bowl February 2010 .........................Pg. 122 B. Mayor and Council letter sent to the Kenai Peninsula Borough Mayor and Assembly re: Opposition to Ordinance 2009-052............................................. .....Pg. 128 C. Mayor letter sent to Senator Lisa Murkowski, re: ASLC..................... ... Pg. 129 D. Preliminary December 2009 City Financials with fund balances and risk assessment report................................................................................................ ... Pg. 130 E. Providence Seward Medical Center Financials for November 2009............. Pg. 155 F City/Harbor Write off list.................................................................Pg. 156 G. Park and Recreation Annual Reports.................................................Pg. 161 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda February 22, 2010 Seward Parks & Recreation Sponsor Appreciation WHEREAS, quality recreation to good physical and mental well-being as well as the overall quality of life; and WHEREAS, community recreation and leisure opportunities create beneficial connections within our community; and WHEREAS, recreation events enhance the desirability of locations for businesses and stimulate tourism revenues to increase a total community economic development model; and WHEREAS, the Seward business community regularly invest company dollars sponsoring teams, races, special holiday events, dances, tournaments, recreation supplies and camps combining to serve as an insurance plan for our collective quality of life; and WHEREAS, without the annual commitment of business owners and managers, the people of Seward would be without many of their favorite annual programs; and WHEREAS, it is important and appropriate to publicly thank our community Sponsors. NOW, THEREFORE, BE IT RESOLVED THAT TODAY HAS BEEN DESIGNATED AS PARKS AND RECREATON SPONSOR APPRECIATION NIGHT; and BE IT FURHTER RESOLVED THAT all citizens of this great city join in this recognition of all the benefactors of quality recreation by thanking our sponsors. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd Day of February, 20.10. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 0 COUNCIL AGENDA STATEMENT Meeting Date: February 22, 2010 `err► Through: Phillip Oates, City Manager From: Karin Sturdy Parks & Recreation Director Agenda Item: Parks & Recreation Sponsor Appreciation Night BACKGROUND & JUSTIFICATION: We appreciate this opportunity to sincerely thank our Seward Parks & Recreation Department (SPRD) sponsors. Our neighbors who are business owners, managers or just friendly people have teamed together with SPRD to help fund many of our town's favorite events. We thank our community leaders and partners, volunteer coaches, business sponsors, and the many, many volunteers. We congratulate them on a job well done, and request them to keep up the good work. It is highly valued! Please find within the attached reports the listing of sponsors who bring us regular programs such as Terry's Tires' Bike Rodeo, Elks' Breakfast with Santa, Three Bears Pumpkin Prowl and the up -coming Breeze Inn Avalanche Classic to name just a few of the dozens of sponsored programs. And to the sponsors who contribute more than one event, we send our double thanks! We have printed certificates of appreciation for each sponsor and have invited them by mail to attend tonight's Council meeting. As Mayor Willard E. Dunham reads each sponsor name, we have asked the representative to come forward, be recognized and receive a certificate. Listing of sponsors in alphabetical order: attached We have attempted to include every Program Sponsor. We regret any omissions and would appreciate the opportunity to recta the situation immediately. Please let us know. Seward Parks & Recreation Department: Mountains of Recreation Giving 110% in 2010 J A Flyn' Skein ACOA Adelmann Family Alaska Livin Alaska Railroad - Louie Bencardino Alaska Railroad Corp - Jim Kubitz Alaska Safe Kids Alaska Sailing Tours Alaska SeaLife Center Alaska Shop Alaska Wildland Adventures Alaska's Beads & Things / Alaska Tanning Ale house Alysse Zimmerman American Legion Americorp Volunteers Anderson Tug & Barge APEX gym - Gale Apollo Arctic Paradise B&B & Stained Glass ASFA / SVFD Auto Tech AVTEC Bakery at the Harbor Bardy's Trail Rides Bay Cafe Bear's Den B&B and Lodging Best Western Edgewater Bike Shop Billy Beck Bob and Meg Veek Bob Stark Bookkeeping Services Boy Scouts Brass Lantern Bed & Breakfast Breanna Bardarson Breeze Inn Breezeway Espresso Caleb Adelmann Camai House B&B Camp Creekside Candy Norman Chef Kevin Lane Chinooks Waterfront Restaurant Chris Fulwider Chris Polasek Christos Palace Cindy Travers - USCG City of Seward City of Seward Street & Water Department City of Seward; Parking Mgnt Crystal Barlow Custom Creations Darrin Trobaugh Dave and Dana Paperman Dave Stancil David Kingsland Dependable Janitor - Connie Dirty Dog House Docs (Moriarty) Dorothy Urbach Eric Olsen Espresso Simpatico Essential 1 Exit Glacier Guides Exit Glacier Lodge Exit Glacier Tans F/V Chandalar; William & Amy Hankins Farm Bed & Breakfast Fish House Forget -Me -Not GCI Girl Scouts Glacier Family Clinic Glen Anderson Glen Schiff Grants Electronics Hamners, Peggy and Dave Harmon Construction Helly Hansen Hohl Family Holland America (Dot Bardarson) Hotel Seward IditaRide Sled Dog Tours Inn at Tern Lake J & R Fisheries Jake Cinereski Jamie Fredrickson Jared Wallace J-Dock Jeanette Kiokun c/o Avtec Jenni Regis Jeremy Rogers Joe Hewitt John and Dawn Osenga Jolund & Monica Luther Judy Merritt Kalani Geronimo Karie VanDuesen Karin Sturdy Kenai Fjords Tours Kerry Romig Kim Gordan Kim Kowalski -Rogers Kirk DesErmia Knots So Fast Feed Kris Erchinger Kruzof Fisheries, LLC KKNI Kyle Schneider Linda Ferkinoff Lions Club rIS n Liquid Adventures Lisa Bildeaux Lisa Musick (Roo's Rascals) Lucky and Sharon Wilson Lutheran Church Maggie Wilkins Major Marine Tours Marathon Ministries Mark Clemens Mari Nelson Melanie Hauze Metco Methodist church Michael "Huck" Elliot Mitch Harris Monica Cooper Neeka Erchinger Nicole Nelson; ASLC Northern Highlights Beauty Salon NPS/USFS Once In A Blue Moose One Shot Photography Pamala Gruhert Peggy Ventura Peking Restaurant Pit Bar; attn. Frank Dahl Polar Bear Association Providence Seward Medical Center Railway Cantina Rainy Days Internet Cafe Ray's Waterfront Rebecca Wesley Renoun Tours Resurrect Art Coffee House Gallery Resurrection Rentals Resurrection Roadhouse Rez Body Works Rich & Nancy Perea Rose Szymanski Ruth Pullins Sacred Heart Parish Safeway Sam Young Sandy Roche Sarah Spanos Scenic Mountain Air Inc. Seward Animal Clinic Seward Arts Council Seward Bike Shop Seward City News Seward Community Library Seward Elks Lodge Seward Emblem Club Seward Fisheries Seward Food Bank Seward High School Seward Plumbing & Heating Seward Police Association / SPD Seward Resort Seward Seahawk Boosters Seward Senior Centers Center Seward Ship Ace - Mark Milligan Seward Volunteer Fire Dept Seward Waterfrong Lodging Sew'n Bee Cozy Sharon Pollard Shelly Jackson Shirley Dieckgraeff Shoreside Petroleum SHS National Honor Society SMC Computer Services Softly Silk Sons of the American Legion Sourdough Sue's Bear Lake Lodging Spring Creek Corrections Stylin' Stitches Sunny Cove Sea Kayaking Co. Suzette Camm T.R.A.I.L.S. TelAlaska Terry's Tires The Apex Gym LLC The Pit The Ranting Raven The Sea Bean Three Bears TLC Bodyworks Tom Callahan Tony's Travel Club TYC Councils Urbach's US Coast Guard Auxiliary Valerie Rose Victorian Serenity By The Sea Von & Christy Terry Wells Fargo Wendy's Finer Things Yoly's Bistro Yukon 5 COUNCIL AGENDA STATEMENT Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager From: Karin Sturdy Parks & Recreation Director Agenda Item• TYC Adelmann Appreciation Award BACKGROUND & JUSTIFICATION: We congratulate Logan Adelmann and Derek Brasch on being the fourth and fifth Teen Council members in Seward history to receive the Adelmann Appreciation Award. This prestigious award is presented to graduating seniors during their final year at Seward High School, in preparation of their scholarship applications. This award represents a candidate who has served in leadership roles in each of the available Teen and Youth Center mentoring programs. Recipients served as a member of the Youth Council in fifth and sixth grades, in Junior Council in seventh and eighth grades and in Teen Council all four years of high school. These men join an elite group of only three who have served every year on all three TYC Councils: Youth, Junior and Teen Council, and have served all possible eight years as a council member. These years show an impressive dedication and commitment to our community and strong beliefs in the value of volunteering. We appreciate these leaders. We are very thankful for the many and varied hours and service activities contributed to the Teen and Youth Center, Seward Parks and Recreation and the City of Seward. We anticipate these men will further bring honor and recognition to the TYC and their hometown of Seward as they prepare for life in college or vocational choices. Congratulations from all of us and very best wishes in your bright future! The recipients of this award receive a letter for their use in scholarship and college application, their name on the AAA wall of fame posted at the TYC and a personal plaque. 01 Om 010 Dz" City of Seward, Seward Alaska Seward Parks and Recreation Participant and Volunteer! I HUnK you for your years of participating and volunteering. We appreciate the 400+ hours you volunteered for Seward! A46*-� 0.10 LOJA4,, City of Seward, Seward Alaska Seward Parks and Recreation Participant and Volunteer Thank you for your years of participating and volunteering. We appreciate the 400+ hours you volunteered for Seward! 110 Final January/Half February Report This has been a busy period for City Manager Oates, Vice Mayor Bardarson, and myself. It began with travel to Juneau, meeting with our legislators. We have a personal interest in some boat harbor infrastructure funding which will affect seven harbors around the state. These are in Juneau, Skagway, Sitka, Seward, Bethel, Aleutians East Borough, and Thorn Bay. We met with both House and Senate leaders of these communities and personally gave each a letter requesting support for the funding for a Municipal Harbor Grant Program. Each community has agreed to match 100% for their individual proposal as required by the rules of the Department of Transportation grant. Since these meetings Manager Oates has contacted each of his colleagues and I have called each mayor. Hopefully this will spur a movement to get the legislature to provide the funding. We also met with other legislators on other city business. We laid out our requests as well as our feelings on the need to pass some cruise tax funding projects, and GRETC was approved by five of the six utilities. Anchorage, for some reason and after the fact, has held back. We met with the Commissioner of Labor, "Click" Bishop, on the AVTEC budget requests. He is always a pleasure to meet with and is serious about obtaining the best opportunity for Alaskan workers to compete in the job markets of today. He reminds me a lot of Commissioner Henry Benson under Governor Bill Egan. We met again with DOT Commissioner Leo Von Scheben and his Deputy. Phillip gave them our proposal to satisfy that crazy bill concerning contaminated water found in the state right-of-way while planning our water mains. The department is still sitting on our road earmark from three years ago (and now a smaller amount than I remember?) I am of little faith on this issue! *%m, We were able to get an hour with the governor's staff to speak about our projects and the coal facility lawsuit. This is the first time in four years we have had the opportunity to speak one-on-one with anyone in the governor's office. Times are indeed different in Juneau. The governor even lives in the mansion and is not drawing per diem for living at home! I had a good meeting with Asst. Attorney General Michael Ford about the lawsuit and asked for his help. He indicated a willingness to bring it to the attention of the Attorney General. I have followed up with a letter to the Governor also, asking for his help. I introduced the vice mayor and manager to Rep. Cissna and we talked about our Wellness Program and plans for Seward to improve health services. I invited her to tour Mountain Haven. She is the foremost leader on health care in the House and can be of help with our community needs in the future. Getting on her contact list we can monitor what is happening on state health care issues and legislation as it is being developed. The vice mayor had an opportunity to meet with Capt. Thomas Colby and Anil Mathur, President and CEO of Alaska Tankers Co., LLC. The firm operates out of Valdez hauling for BP to California. They are a tugboat and tanker company. They asked a lot of questions about the Seward harbor and shipyard facilities. She invited them to come to Seward on their next visit to tour the port. We spread out and networked with AML and various other business groups that were in Juneau doing what we were. For so early in the session it was quite busy. We also had dinner with Senator Stevens and Rep. Seaton at the home of Kent and Jenny Dawson. We are so lucky to have these connections. It was on to D.C. We found snow, wind, sunshine and cold weather. With all the security in place now 11 you do not move freely anymore in the capital. You must have verifiable appointments. The meeting with John Katz, Alaska's "Man in Washington", was a pleasure as usual. How he keeps up with it all is amazing. He was well aware of our problems, re: the coal facility, boat harbor, GRETC railbelt issues, and the research vessel. He congratulated the vice mayor and I on being invited to the official signing that initiates construction of the vessel. We met with the Senate Energy Committee professional staff, Russ Kelly, director. He gave us an insight into progress of energy legislation movement on the national level and what to watch for. They put us on their distribution list and advised us on several key measures that will be coming out in March and April. We met with former Senator Kim Elton who was appointed senior advisor to the Secretary of the Interior on matters regarding Alaska. He gave us a good rundown of what to expect this next year re Corps of Engineers funding for Alaska. I asked if this administration is going to sign the Law of the Sea protocols and was told yes, as far as he knew. He gave me copies of the Interagency Ocean Policy Task Force report which gives a fair outline of their progress to date. We had about 40 minutes with Senator Begich. We gave him an update on our requests, including possible use of stimulus funds. He feels there will be considerable opportunity for communities who have done a good job of preparing for the funds, especially with new jobs and holding present jobs after the initial funds have been spent. He was pleased that funds are still in place for "Tiger Grants" and encouraged us to push on our applications. We were given a great gift. A member of one of the firms Brad Gilman deals with, was not able to use his tickets to the Wizard/Celtics BB game so the box seats were offered to us. That is the way to watch a basketball game! The Wizards didn't win but it was great fun. We had breakfast with UAF VP of Public Affairs, Martha Stewart. She was pleased Jean and I were going to the ship signing. We talked about upgrading of the Seward Marine Station with the arrival of the ship. We met with Lloyd Pike, general counsel, Pacific Ocean Division Integration team leader, Corps of Engineers on Lowell Creek tunnel and breakwater completion. We also met with Admiral Barrett of the Office of Federal Coordinator for the Alaska gas line. He said Seward is the best choice for a major pass -through for supplies for the line, BUT only the ports that make preparations early could expect to land the big contracts. He doubted there will be any up -front funding to prepare for the project as there had been for TAPS. He will be in Alaska this summer and we invited him to visit Seward. Winding up our Washington trip were meetings with Sen. Murkowski and Rep. Young. We had good sessions with both re: future funding and programs. The delegation is united on some energy and Denali funding. We spoke about the Lowell Point road and the coal lawsuit. Congressman Young offered a good insight re: transportation funding and asked to be kept aware of our Corps projects. He will be in Seward this summer. From there Jean and I went on to Green Bay and Marietta, Wisconsin for the signing of the documents that provide for the construction of the research vessel. We felt a huge sense of pride and sense of accomplishment after years of lobbying for the vessel in conjunction with the University. Attending were the heads of National Science Foundation, three congressmen (two from Wisconsin, one from Michigan), Sen. Feingold's chief of staff, three mayors of area cities (near the shipyard), FOX News, and UAF chancellor and vice chancellor, the UAF Dean of Fisheries and about 60 others. Seward was given special recognition for its doggedness in keeping pressure on to spur building of the ship and especially for being the future homeport. 12 It was very humbling for Seward to get such recognition. We are in the science world's window and must work hard to sustain that. There is a lot of work ahead. With the Alaska SeaLife Center, UAF Seward Marine Center, the Qutecak Hatchery and the AVTEC Marine Technical Unit the possibilities are endless. The ship will have a crew of about 20+ and 300-500 visitors/science types spread out over each year. The University folks made a point of mentioning plans to upgrade the uplands and campus, something we have been waiting for a long time. Since our return there have been two GRETC meetings and I presented the Mayor's Trophy at the National Science Fair and gave greetings from Seward to approximately 60 scientists who visited from Hawaii, Oregon, Washington and Alaska for the 5 h Annual Alaska Stranding Network gathering. Lastly, on the 20t' I participated in the ceremonial start of the Iditarod Race at Bear Lake as there was no snow at Mile Zero! Willard E. Dunham, Mayor P.S. A special thanks is extended to Jean and her staff of the Clerk's Office for the great job they did in putting together a photo array of Seward. It was a very important tool in our meetings to be able to show our town and its facilities to those who have never visited us. The book is available for people to use by contacting that office. 13 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISPOSAL OF LOT AU, FOREST ACRES SUBDIVISION, SUBJECT TO A PUBLIC USE EASEMENT, TO STEVE AND MAUREEN LEMME IN EXCHANGE FOR $4,000 AND A PUBLIC USE EASEMENT ON LOT ZZ, FOREST ACRES SUBDIVISION FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, AND APPROPRIATING FUNDS WHEREAS, the Seward City Council approved Resolution 2007- 41 on April 23, 2007, authorizing the "2007 Red Line" Alignment for the North Forest Acres Levee/Road Project (the "Project"); and WHEREAS, the Seward City Council approved Resolution 2008-46 on May 27, 2008, authorizing the city manager to negotiate with property owners to acquire easements, rights -of -way and/or property purchase agreements as necessary to facilitate construction of the North Forest Acres levee/road; and WHEREAS, construction of the Project requires a public use easement of 15,654 square feet (sf) out of a total 30,019 sf parcel currently owned by Steve and Maureen Lemme, identified on Plat 78-4 as Forest Acres Subdivision Lot ZZ; and WHEREAS, Lot ZZ was appraised at $40,000, equating to $1.33/sq. ft, resulting in a value for the public use easement of approximately $21,000; and WHEREAS, the property owner wishes to enter into a land exchange with the City in lieu of receiving monetary compensation for the public use easement, and proposes to acquire the City -owned parcel identified on Plat 78-4 as Forest Acres Subdivision Lot AU which is located across Dimond to the west of Lot ZZ, and the City agrees to transfer ownership of Lot AU to the property owner with the understanding that the City will retain a public use easement on 13,394 sf of Lot AU as needed to construct the Project, leaving a remaining useable portion of Lot AU equal to 26,659 sf; and WHEREAS, Lot AU was appraised at $40,000, equating to $1/sf, equating in a value for the useable portion of Lot AU equal to $26,659, and resulting in a total exchange of City property equal in value to $26,659 (plus a $4,000 cash incentive to expedite transaction) with private property valued at $21,000; and WHEREAS, the Seward Planning and Zoning Commission has authorized disposal of Lot AU; and WHEREAS, this exchange is hereby found to be in the public interest because it fairly compensates the private property owner for the public use easement acquired on their property, transfers Lot AU back into private ownership and back on the tax rolls, allows for development of portions of Lots ZZ and AU (the portions not encumbered by public use easement areas), and satisfies the City's need for these parcels to construct the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: 14 CITY OF SEWARD RESOLUTION 2010-012 fir►, Section 1. The recitals stated above are incorporated by reference herein. For the reasons stated above, the City Council finds it is in the best interest of the City of Seward to dispose of Lot AU, while maintaining a public use easement on 13,394 sq. ft. of Lot AU as needed to construct the North Forest Acres Levee/Road Project, subject to the terms contained in the Purchase and Sale Agreement attached hereto. Section 2. The City Manager is hereby authorized to acquire a public use easement on 15,654 sq. ft. of Lot ZZ as depicted in the Purchase and Sale Agreement attached hereto, and to execute the Purchase and Sale Agreement in substantially the form presented at this council meeting. Section 3. Funds in the amount of $9,000 are hereby appropriated from the North Forest Acres Levee Project account to account no. 666-666X-5910 for the purpose of paying any necessary closing costs, escrow, or other costs associated with this property exchange, including a $4,000 incentive for expediting the closing of this transaction. Section 4. This resolution shall take effect (30) days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 15 Council Agenda Statement Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager From: Kristin Erchinger, Finance Director \ JIII``, Agenda Item: Property Swap with Lemme to facilitate acquisition of Public Use Easement required for North Forest Acres Levee/Road Project BACKGROUND & JUSTIFICATION: The City of Seward has been collaborating with state and federal resource agencies since 1999 to construct a levee to mitigate the impact of future flood events in Seward. Phase I of this project was completed in 2002. Phase II involves construction of a combined levee/road intersecting Dimond Boulevard on the western end of the levee, and intersecting the Seward Highway on the eastern end. In order to construct the levee/road (the "Project'), the City must acquire properties in whole or in part, as is in the case with this proposed purchase of a public use easement ("PUE"). This resolution authorizes the acquisition of a public use easement (PUE) on Lot ZZ owned by Steve and Maureen Lemme. The City proposes to purchase a PUE amounting to 15,654 square feet, leaving 14,386 sf of Lot ZZ unencumbered by the PUE area, and therefore useable by the Lemmes. The appraised value of this parcel is $40,000, equating to $1.33/sf, resulting in a PUE value estimated at $21,000. The City owns Lot AU across Dimond to the west of Lot ZZ. The property owner desires to be compensated for the PUE on lot ZZ that will be conveyed to the City with Lemme's acquisition of the City's Lot AU. The City can dispose of Lot AU but must maintain a 13,394 sf public use easement on Lot AU for the purpose of constructing the Project. This will leave an unencumbered remainder of parcel AU equal to 26,659 sf. LotAU is not cleared or filled and is overburdened with cottonwood, spruce, and alder trees. Although larger than Lot ZZ, Lot AU is also appraised at a value of $40,000, and given its total size of 40,052 sf, the value of Lot AU is calculated as $1 per sf. This results in a calculated value of $26,659 for the unencumbered portion of Lot AU which will be the useable portion of Lot AU. In summary, this action will result in the City "swapping" Lot AU (with a value of $26,659 after encumbered with a PUE) for a public use easement on Lot ZZ (with a PUE value of $21,000). In addition, the City has offered $4,000 as an incentive to expedite the closing of this transaction. This exchange is reasonable and in the best interest of the public because it transfers Lot AU back into private ownership placing it on the tax rolls, allows for development of portions of Lots ZZ and AU, and satisfies the City's need for the portions of these parcels required to construct the North Forest Acres Levee/Road. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 16 CITY OF SEWARD RESOLUTION 2060- j,� io FISCAL NOTE The City will sell Lot AU (but will maintain a public use easement on the property equal to 13,394 sD to Steve and Maureen Lemme in exchange for a public use easement on Lot ZZ which is owned by the Lemmes, plus a cash contribution of $4,000. The value of the unencumbered portion of the City's Lot AU which will be useable by the Lemmes is $26,658. The value of the public use easement the City will purchase from Lot ZZ is $21,000. At closing, the City will pay all costs related to processing, recording, and closing this transaction, estimated not to exceed $5,000. Approved by Finance RECOMMENDATION City Council approve Resolution 2010- r`, authorizing a land swap between the City of Seward and Steve and Maureen Lemme, in addition to a $4,000 cash payment, to facilitate the construction of the North Forest Acres Levee/Road Project. 17 Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-25 A RESOLUTION OF THE SEWARD PLANNING AND 'ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING A RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION WHEREAS, the City of Seward is pursing purchase of Lot Z7_, Forest Acres Subdivision, according to Plat No. S-17; and a boundary survey of Forest Acres Subdivision, according to Plat 78-4, Records of the Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, this parcel is one of the three primary properties remaining for which the City requires access for the North Forest Acres Levee/Road Project; and WHEREAS, since the City does not currently own the parcel and a purchase agreement will be before Council at a later date, the City has not previously identified this parcel as available for disposal; and WHEREAS, as part of the purchase agreement, the sellers are requesting; a lease agreement with them in lieu of personal property relocation; and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, this proposal is before the Commission for review and recommendations to the City Council regarding the pros and cons of disposal of the nominated parcel by negotiation in the event the property is purchased by the City of Seward; and WHEREAS, pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, this proposal is before the Commission for review and written recommendations, including any special lease conditions the Commission determines to be in the public interest in the event the property is purchased by the City of Seward; and WHEREAS, the proposal along with written Planning Commission and stall' comments and recommendations shall be submitted to the City Council; and WHEREAS, the nomination I'or disposal and lease is consistent with the Comprehensive Plan, Municipal Lands Management Plan and the Seward Marine Industrial Center Plan. M Seward Planning and Zoning Commission Resolution 2009-25 Page 2 of 3 NOW, THEREFORE, BE 1T RESOLVED by the Seward Planning and Zoning ... Commission that: Section 1. The Commission finds that because the City is pursuing the purchase of Lot ZZ. Forest Acres Subdivision specifically for the North Forest Acres levee Project and the sellers have agreed to sell the property with the condition that the City enters into a lease agreement in lieu of personal property relocation, then the recommendation to Council is to dispose of this property by ]case within the purchase negotiations. The Commission further finds that the public benefit is well demonstrated with the requested f15,654 square foot north portion of Lot ZZ, Forest Acres Subdivision as a Public Use Easement in compliance with the development of the North Forest Acres Levee Project. Section 2. The Commission has reviewed the submitted proposal and makes the following lease recommendations in the event that the purchase negotiations are successful: a) Lessees may use only that portion of the Leased Land not subject to the Public Use Easement as shown on Exhibit A. b) Lessees shall comply with all Seward City Code requirements, specifically including but not limited to, Seward City Code Chapter 15.25 Floodplain Management. c) Lessees shall comply with all State and Federal permits and approvals, including but not limited to those required by, the U.S. Army Corps of Engineers, the Environmental Protection Agency, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. d) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of the adjacent or other lands. e) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would damage, impact the operation or impact the effectiveness of the levee. t) Any additional staff comments and recommendations shall be considered during the lease negotiation process. g) Initial ]case payments shall be determined within the purchase negotiations, based on fair market rental value. Section 3. This resolution shall take effect immediately upon its adoption. 19 Seward Planning and Zoning Commission Resolution 2009-25 Page 3 of 3 ..� PASSED AND APPROVED by the Seward Planning and "Zoning Commission this 1st day of December 2009. THE. CITY OF SEWARD Sandie Roach, Chair AYES: Ecklund, Morgan, DeMarco, Heinrich, Roach' NOES: None ABSENT: Stauffer ABSTAIN: None VACANT: One ATTEST: Lewis', CM C y Clerk • F , (City Seal) OF J��9'`. • ,•��Ilraw u w • • r� CITY OF SEWARD AGREEMENT FOR EXCHANGE OF REAL PROPERTY THIS AGREEMENT is between STEVE D. LEMME and MAUREEN LEMME, herein referred to as "LEMME", whose mailing address is PO Box 1735, Seward, AK 99664- 1735, and the CITY OF SEWARD, a municipal corporation of the State of Alaska, hereinafter referred to as the "CITY", with address of 410 Adams Street, Seward, Alaska 99664. For and in consideration of the mutual promises set forth below, LEMME and the CITY agree as follows: EXCHANGE OF REAL dated real property as follows: PROPERTY Subject to City of Seward Resolution No. _, LEMME and the CITY agree to exchange (a) CITY agrees to convey to LEMME that certain real property, hereinafter referred to as "LOT AU," more particularly described as: LOT "AU", FOREST ACRES SUBDIVISION, according to Plat No. S-17; and A BOUNDARY SURVEY OF FOREST ACRES SUBDIVISION, according to 1%AW Plat 78-4, Records of the Seward Recording District, Third Judicial District, State of Alaska; Subject to that certain public use easement, more particularly described as: PUBLIC USE EASEMENT: That portion of LOT "AU," FOREST ACRES SUBDIVISION, according to Plat No. S-17; and A BOUNDARY SURVEY OF FOREST ACRES SUBDIVISION, filed as 78-4, Records of the Seward Recording District, Third Judicial District, State of Alaska, more particularly described as: Beginning at the Northeast corner of Lot AU, which is the True Point of Beginning; Thence S16059'36"E, 79.11', along the East boundary of Lot AU; Thence N89147'15'W, 34.19'; Thence along a curve concave to the North, having a radius of 1450', through an arc length of 160.46', with a chord bearing N87102'33'W, 160.37', to a point on the West boundary of Lot AU, Thence N00008'25'W, 67.08', along the West boundary of Lot AU; Thence N89051'25"E, 171.39' along the North boundary of Lot AU, to the True Point of Beginning. Containing 13,394 Square Feet, more or less, as shown as EXHIBIT B subject to taxes and assessments not in default or arrears, and further subject to reservations, restrictions, and easements of record. Agreement For Exchange of Real Property; Lemme / City of Seward Page 1 of 8 Gg (b) LEMME agrees to convey to CITY that interest in certain real property, hereinafter referred to as "PUE ZZ," more particularly described as: PUBLIC USE EASEMENT: That portion of LOT "ZZ," FOREST ACRES SUBDIVISION, according to Plat No. S-17; and A BOUNDARY SURVEY OF FOREST ACRES SUBDIVISION, filed as 78-4, Records of the Seward Recording District, Third Judicial District, State of Alaska, more particularly described as: Beginning at the Southwest corner of Lot ZZ; Thence N16159'36'W, 130.07', along the West boundary of Lot ZZ, to the True Point of Beginning. Thence N16059'36'W, 79.05', along the West boundary of Lot ZZ, to the Northeast corner of Lot ZZ; Thence N89051'25"E, 183.29', along the North boundary of Lot ZZ, to the Northeast comer of Lot ZZ; Thence S43017'39"E, 103.35' along the East boundary of Lot ZZ, to the Southeast corner of Lot ZZ; Thence S89047'32'VV, 231.06'; to the True Point of Beginning. Containing 15,654 Square Feet, more or less, as shown as EXHIBIT A; 2. CONSIDERATION. The consideration for each conveyance is the exchange of real property interests and fulfillment of the mutual promises herein. At closing, the CITY shall pay $4,000.00 to LEMME if LEMME has executed and delivered this Agreement to the CITY by noon on February 9, 2010. 3. CONDITIONS TO EXCHANGE. The obligations of the CITY and LEMME to close on the exchange of LOT AU and PUE ZZ (Lot AU and PUE ZZ, collectively referred to as the "Property") shall be subject to the following conditions and understandings: (a) The exchange of property is subject to approval of the City of Seward City Council. (b) There is no litigation or other claim which has any probability or reasonable likelihood of success, that challenges or controverts the CITY'S action to exchange the Property; and (c) At completion of testing, if any, PUE ZZ is found to be suitable for City of Seward purposes and free of hazardous materials. 4. LEMME RELEASE OF ALL CLAIMS. For and in consideration of the Property exchange, LEMME furthermore agrees to release any and all claims LEMME has against the CITY or the CITY'S successors, heirs, and/or assigns, arising out of or relating to the conveyances of LOT AU and PUE ZZ. This release shall include the release of any and all claims for any issues pertaining to trespass, condemnation blight, and inverse condemnation, for costs and attorney's fees or for any other claims pertaining to the planning, improvement construction, acquisition or conveyance of LOT AU and PUE ZZ. This release is to be broadly construed to effectuate its intent that any and all claims that have been raised or could have been raised by LEMME relating to the conveyances described herein are released. Agreement For Exchange of Real Property; Lemme / City of Seward Page 2 of 8 2 5. LEASES. LEMME warrants and represents that the only persons or entities other than LEMME who have oral or written leaseholds or other possessory interest in PUE ZZ are set forth in the following space and that an accurate copy of the written lease or statement of terms of an oral lease is attached hereto: NONE Any lessee deposits held by LEMME shall be transferred to the CITY at closing. 6. TITLE. LEMME represents that LEMME owns fee title to Lot ZZ free and clear of all encumbrances except those of record. CITY represents that CITY owns fee title to Lot AU, free and clear of all encumbrances except those of record. 7. ENCUMBRANCES AND ASSESSMENTS. Rights reserved in Federal Patents, Territorial or State Deeds, Zoning Regulations, benign easements and subdivision covenants, if any, shall not be deemed as encumbrances to be discharged. PUE ZZ shall be delivered to the CITY at time of closing free of all mortgages, liens, judgments, and any taxes or assessments in default or arrears. The amount of any such encumbrances which are known liens on the Property shall be paid by LEMME. 8. PRORATING. Taxes shall not be prorated and any assessments shall be prorated as of the date of closing. 9. CLOSING COSTS. Closing costs including costs of the preparation and recordation of documents required for closing shall be paid by the CITY. Parties shall be 11%■.r responsible for their respective attorney fees and costs at closing. 10. CLOSING AND ESCROW. The closing of this transaction shall be held at the earliest practical date consistent with the terms and conditions herein. However, closing shall be held no later than NINETY (90) days from the date of acceptance shown below. Such closing shall be processed by First American Title in Seward. A copy of this agreement shall be deposited with the escrow agent by the CITY. This agreement shall serve as the escrow instructions. At closing: (a) LEMME shall execute and deliver to the escrow agent a public use easement document conveying PUE ZZ to the CITY. (b) CITY shall execute documents creating a public use easement in Lot AU, as described in Section 1(a) above. (c) CITY shall execute and deliver to the escrow agent a Warranty Deed conveying LOT AU, subject to the public use easement as referenced in Section 10(b) above, to LEMME. (d) CITY shall deliver to the escrow agent in municipal or cashiers check, the consideration described in Section 2 above, if applicable, plus closing fees, less any LEMME costs to clear title. Agreement For Exchange of Real Property, Lemme / City of Seward Page 3 of 8 .1 (e) All other conditions precedent to closing shall have been performed. 11. POSSESSION. LEMME shall deliver possession of PUE ZZ to the CITY as of the date of closing. Any personal property left on PUE ZZ after the date of closing shall be deemed abandoned by LEMME, unless otherwise agreed. The CITY shall deliver possession of Lot AU to LEMME as of the date of closing. 12. RISK OF LOSS. Risk of loss due to fire, earthquake, acts of God, or other calamity shall rest on LEMME for PUE ZZ and the CITY for Lot AU until closing and the CITY has the option to rescind this agreement if such event shall occur or close the transaction as provided hereafter. 13. HAZARDOUS WASTES/MATERIALS. LEMME represents and warrants the following: (a) LEMME and Lot ZZ are in full compliance with all laws, regulations, rules and legal requirements of the federal, state and local municipalities regarding environmental protection and site remediation as of the date of execution of this Agreement; (b) No actions, suits, claims or other proceedings have commenced either regarding the disposal, discharge or release of hazardous material at or from Lot ZZ or alleging a violation or noncompliance with any environmental law; and (c) There are no underground storage tanks on Lot ZZ. 14. WAIVER OF ALASKA STATUTE 34.70. The parties agree that AS 34.70 [Disclosures in Residential Real Property Transfer] does not apply to this transaction and waive the applicability of AS 34.70. 15. AGENTS, COMMISSIONS AND PROFESSIONAL ADVICE. Neither party is represented by a real estate broker or other person to whom a commission is owed in connection with this transaction. Each party has consulted with, or has had an opportunity to consult with, the party's own independent advisors, including experts, attorneys and tax advisors. Other provisions of this agreement notwithstanding, each party shall bear its own costs under this section. 16. DEFAULT. If either parry to this agreement shall be unable to deliver a marketable title to the Property, the CITY has the option of either (a) closing the transaction notwithstanding such state of title or, (b) with respect to liens or encumbrances which can be liquidated or discharged by the payment of a sum of money, requiring the owner to pay off and cause to be discharged said liens or encumbrances, and thereafter closing the transaction. 17. ENTIRE AGREEMENT. This document and its attachments contains the entire Agreement between the parties. It may not be modified except in writing and signed by the parties. 18. TIME. Time is of the essence of this agreement. Agreement For Exchange of Real Property; Lemme / City of Seward Page 4 of 8 ?4 `fir► 19. SURVIVAL AND SUCCESSION. The terms and conditions of this Agreement shall survive the completion of the transaction that is the subject of this Agreement and shall be binding upon the heirs, successors or assigns of the parties hereto. 20. FURTHER ASSURANCES. Whenever requested to do so by the other party, LEMME or the CITY promptly and expeditiously shall execute, acknowledge and deliver any and all such conveyances, assignments, confirmations, satisfactions, releases, instruments of further assurance, approvals, consents and any and all further instruments and documents as may be reasonably necessary, expedient, or proper in order to complete any and all conveyances, transfers, sales, and assignments herein provided, and to do any and all other reasonable acts and to execute, acknowledge and deliver any and all documents reasonably requested in order to carry out the intent and purpose of this Agreement, including but not limited to subdividing and platting the land containing the Property. 21. GOVERNING LAW AND VENUE. This Agreement shall be governed by, construed under, and enforced in accordance with the State of Alaska. Venue shall be in the Alaska Superior Court in Anchorage, Alaska. 22. FOREIGN PERSON. LEMME represents and warrants that LEMME is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and the Income Tax Regulations adopted thereunder. 23. GRANT OF LICENSE. LEMME agrees that the CITY may enter upon the PUE ZZ ,,. during the period that this Agreement is effective after the City Council has approved this Agreement to make any and all examinations, investigations, surface and subsurface investigations, audits, reviews, inspections, tests, surveys and appraisals and to conduct and carry out any and all engineering studies and operations that the CITY may desire, at the CITY's sole cost and expense. This license for entry includes the right of the CITY or its agents and contractors to install utilities and construct access roads over the rights -of -way portions of the Property, beginning on the effective date of this Agreement. In the event that Closing does not occur, the CITY, in the CITY's sole discretion, may either (1) remove all improvements from and restore PUE ZZ to substantially its original condition or (2) leave any roads constructed and utilities installed in place and leave PUE ZZ in reasonably clean and useable condition. Agreement For Exchange of Real Property; Lemme / City of Seward Page 5 of 8 LEMME: o STEVE. D. LEMME DATE: MAUREEN LEMME ATTEST: DATE: Iq o CITY: -A CITY OF SIMARD BY: PHILLIP E. OATES TITLE: City Manager DATE: Agreement For Exchange of Real Property; Lemme / City of Seward Page 6 of 8 Im SW 114 .SEC 27 �o S8 51 25 "W 253. 18 ^ - N89'51 25 "E 183.29'- R` --— `.. \DA PUBLIC USE EASEMENT 15, 654 S.F. } z rn S89 47 32 'W 231.06' AU . Lot ZZ \ 14, 386 S. F. Remainder �0 0. z 0 1 A'D40" YY AT f.... ...... A=.Wm. Nicholos Cline; 10 s •1 �'EssaaA�-` ♦♦• RECORD DOCUMEA S Plot Number 78-4, Seward Recording District R.S. No. 2008-22, Seward Recording District NOTE Basis o7 Bearing is per Record o7 Survey Number 2008-22, Seward Recording District. � � 1 1 0 � 1 1 , � LEGEND ,Y. Found Monument LS 5152 7997 ' 4 Northeast corner Lot AV ® Found 112" Rebor EXHIBIT A Agreement For Exchange of Real Property; Lemme / City of Seward lr r` PARCEL MAP PUBLIC USE EASEMENT LOT ZZ FOREST ACRES SUBDIVISION CITY OF SEWARD NORTH FOREST ACRES LEVEE PROJECT PARCEL NUMBER RES Oa5 Within Section 34, TIN, RIW, S.M., Ak. CLINE & ASSOCIATES P.O. BOX 2703 SEWARD, ALASKA 99664 907-224-7324 FIELD BOOK. 08-6 DA7E.10108109 DWG_ 08-34PAR5 SCALE. 1 "=50' Page 7 of 8 SW 74 SEC 27 _ N89 51 25 E 178 23' �33 16' _.. �� --�' 41. 79 ' � '25 _ — - — 40.00 N89 51 E 171 39 UC3 �o o o PUBLIC USE EASEMENT �,� off, N 13, 394 S F. < ." CHORD N87 :02 L=160. zL 46 ' R=1450. 00 ' 34. 19' A V o S89`47'15"W I o T� V 00 cn F G,f AU z �o _ 0.612 Ac. Remainder co m- Z I � - — �40.00'1 S89'S1 35 "W 231.63' 40.00 ' Y \ \ AY I IOF AT LEGEND ® Found Rebor & AL Cop LS 3333 T Found Monument LS 5152, 1991 ® Found Rebor & AL Cop LS 5152 ® Found 112" Rebor Wm. Nicholas Cline �FESSIONPL RECORD DOCUMENTS: Plot Number 78-4, Seward Recording District R.S. No. 2008-22, Seward Recording District NOTE Basis of Bearing is per Record of Survey Number 2008-22, Seward Recording District. EXHIBIT B Agreement For Exchange of Real Property; Lemme / City of Seward Page 8 of 8 np M Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-013 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE TWO LAKES PARK PRELIMINARY REPLAT WHICH ESTABLISHES THE OUTER BOUNDARIES OF THE TWO LAKES PARK, INCLUDES THE VACATION OF ALL INTERIOR UNDEVELOPED RIGHTS -OF -WAY, EASEMENTS AND INTERIOR PLATTED LOT LINES; AND DEDICATES ADDITIONAL EASEMENTS AND EXTENDS THE VISTA AVENUE RIGHT-OF-WAY NORTH PROVIDING LEGAL ACCESS TO USS 1931, LOCATED PREDOMINATELY WITHIN THE PARK ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City owned lands, establishing the perimeter boundary of the historical area commonly known as Two Lakes Park; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Federal Addition — Two Lakes Park Replat; and WHEREAS, this platting action will vacate all interior lot lines, undeveloped Rights -of - Way, and undeveloped utility easements creating three (3) parcels totaling 28.392 acres; and WHEREAS, the parcel known as Two Lakes Park contains 25.014 acres having a legal description of Block 15B; the parcel known as Alaska Vocational Technical Center (AVTEC), located at the Southeast edge of Two Lakes Park having a legal description of Block 6B contains 3.058 acres; and the third parcel included in this platting action is privately owned having a legal description of Lot 1A, Block 16 Federal Addition contains 8,295 square feet; and WHEREAS, this platting action will provide access to adjoining parcel USS 1931 by the dedication of a 60 foot Right -of Way extension of Vista Avenue as requested by the private owners of USS 1931; and WHEREAS, the State has agreed to convey title o the western portion of the First Avenue Right -of -Way, which contains the main entrance into Two Lakes Park, back to the City; and WHEREAS, the Planning and Zoning Commission held several public work sessions during which the Public and the Commission expressed strong requests that the Two Lakes Park be held in perpetuity as a Park; and City of Seward, Alaska Resolution No. 2010-013 Page 2 of 4 WHEREAS, Harriman Lake (later known as First Lake) was proposed as a Park by Mrs. Hazel. Ray of the Seward Women's Club in 1937 and with the financial support and dedication of the City Council and the American Legion the area was developed into the beginnings of what has become known as Two Lakes Park; and WHEREAS, local historian and author, Mary J Barry, noted on page 42 in Volume I of her book Seward Alaska A History of the Gateway City, that the original homestead of D. C. Brownell Sr., which included the First Lake area, was purchased by the City of Seward for a subdivision and a park in 1950; and WHEREAS, Two Lakes Park was recommended to the Seward Register of Historic Places by the Historic Preservation Commission Resolution 99-04 and accepted to the Register by Seward City Council Resolution 1999-055; and WHEREAS, the areas included within this replat are currently zoned Park (P), Single Family (R1), Urban Residential (UR), Resource Management (RM) and Institutional (INS); this replat does not create any non -conforming structures or lots within any of the current zoning districts; and `"VOO WHEREAS, no subdivision installation agreement is necessary because all parcels are currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, either by the proposed platting action or by separate written agreements the current and proposed utilities and accesses have been provided for and/or protected, and WHEREAS, the Emergency Access Escape Route used during the 1964 Earthquake is shown on the plat and shall be protected by a Reciprocal Access Permit and Easement Agreement between the owners of US 1931 and the City which shall be recorded as a separate document prior to recording of the final plat; and WHEREAS, the Reciprocal Access Permit and Parking Agreement between the State (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2010-02, recommending the Seward City Council and the Kenai Peninsula Borough approval of the replat. City of Seward, Alaska Resolution No. 2010-013 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the Two Lakes Park Replat subject to the following conditions: 1. The Reciprocal Access Permit and Easement Agreement between the owners of USS 1931 and the City shall be signed and recorded before the final plat is recorded. 2. The Reciprocal Access Permit and Parking Agreement between the State (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded. 3. The title transfer for the western half of the vacated First Avenue Right -of -Way shall be signed before the final plat is recorded. 4. Change note of access to the unsubdivided remainder of USS 703 to read: "existing access via Lowell Canyon Road" (not Jefferson). 5. Add a note stating public access to Block 15B is provided by the public Rights -of - Way of Second Avenue, Hulm Lane and Vista Avenue. 6. Request the surveyor remove the documentation of the existing historical evacuation trail depicted on Lot 1, Callahan Replat. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped interior Rights -of -Way as proposed by the replat. Section 3. The Seward City Council further approves the acquisition of the western 40 feet of the vacated First Avenue Right -of -Way. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by Seward City Council this 22 day of February 2010. 31 City Council Agenda Statement Meeting Date: February 22, 2010 Through Phillip Oates, City Manager Christy Terry, Community Development Director From: Donna Glenz, Associate Planner Agenda Item: Resolution 2010-`��recommending City Council and Kenai Peninsula Borough approval of the Federal Addition - Two Lakes Park preliminary replat BACKGROUND & JUSTIFICATION: Attached for the Council's approval and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "no preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." Cline and Associates was hired to survey and establish the boundary of the area commonly `` W known as Two Lakes Park. This replat contains an area totaling approximately 28.392 acres and is located west of Second Avenue between A Street and Hulm Lane. The majority of the area, approximately 25 acres, known as Two Lakes Park is owned by the City. The second parcel included in this replat is approximately 3 acres and commonly known as the AVTEC Second Avenue facility and is owned by the State of Alaska. The third and final parcel included within this replat is located north of the AVTEC parcel and abuts Second Avenue. This parcel contains 8,295 square feet and is privately owned. This platting action will vacate all interior lot lines, undeveloped Rights -of -Way and undeveloped utility easements. The replat also dedicates a 60 foot Right -of -Way extension of Vista Avenue, providing legal access to the privately owned parcel USS 1931, located to the west of the Two Lakes Park area. This 60 foot Right -of -Way access was specifically requested by the owners of USS 1931. The replat also dedicates utility and emergency access easements. The Community Development staff and the Planning and Zoning Commission have worked with the surveyor, the public through both public meetings and in the office and with the adjacent property owners to develop the platting action before you. The development of this replat has been a goal of the public and City staff for many, many years. Replatting of the Two Lakes Park area has been on the Planning and Zoning Priority List as approved by Council for many years. Credit for the years of work done on the history and continued efforts to accomplish this replat is given to former Community Development Directors/Planners Kerry Martin and Rachel James. 32 Seward _ =�-�vnunia3it7rr Agenda Statement - Resolution 2010,92- Page 2 of 5 Research history of the area has produced some interesting facts. Harriman Lake (later known as First Lake) was proposed as a Park by Mrs. L. V. (Hazel) Ray of the Seward Women's Club in 1937 and with the financial support and dedication of the City Council and the American Legion the area was developed into the beginnings of what has become known as Two Lakes Park. Local historian and author, Mary J Barry, noted on page 42 in Volume I of her book Seward Alaska A History of the Gatewa Cit , that the original homestead of D. C. Brownell Sr., which included the First Lake area, was purchased by the City of Seward for a subdivision and a Park in 1950. And Two Lakes Park was recommended to the Seward Register of Historic Places by the Historic Preservation Commission Resolution 99-04 and accepted to the Register by Seward City Council Resolution 1999-055. During the public work sessions both the public and the Planning and Zoning Commission expressed strong requests that the Two Lakes Park be held in perpetuity. Based on information from the surveyor and the Borough platting officer the plat is not the venue to accomplish the dedication in perpetuity. At the request of the public and the Planning and Zoning Commission, staff plans to continue pursuing ways to dedicate this area as a Park in perpetuity. At the time of the 1964 earth quake and tsunami a North/South emergency route was established through the Park and the abutting USS 1931 parcel. The tsunami had destroyed the lower route between the lagoon and the boat harbor. For many years it has been a goal of staff and the community to reestablish this route as an emergency evacuation route. However a portion of the route encroaches into the privately owned parcel USS 1931. The current owners of USS 1931, Robert and Patricia Linville have worked with the staff and are graciously willing to sign a Reciprocal Access Easement Agreement with the City that would allow the emergency access route through their parcel. Staff is currently working with the City attorney to produce the agreement, which shall be signed and recorded before the final plat is recorded. The main entrance into Two Lakes Park has historically been located within the western portion of the First Avenue Right -of -Way located to the West of the AVTEC parcel. Generally when a right-of-way is vacated half of the right-of-way is dedicated to each abutting property However, in this case the entire First Avenue Right -of -Way was originally dedicated from the Federal Addition Subdivision and when vacated would remain with the original subdivision. Through negotiations with the State an agreement has been reached to split the right-of-way in half with the western half being conveyed from the State back to the City. Staff is also working on the re -write of the Reciprocal Access and Parking Agreement between AVTEC and the City. Both of the documents shall be signed before the final plat is recorded. SUBDIVISION REVIEW: Zoning: This replat contains Five (5) zoning districts. The larger area known as Two Lakes Park is predominantly zoned Park (P). The AVTEC and City parcel to the North are zoned Institutional (INS). The privately owned parcel is zoned Urban Residential re are several small areas located along the eastern boundary of the Park that are currently zoned Single Family (R1). 33 uY1cs� Seward P erring-Eommission Agenda Statement — Resolution 2010-� Page 3 of 5 These small areas are remaining from a replat and land trade accomplish several years ago. A portion (approximately 2 acres) at the South end of the Park is currently zoned Resource Management (RM). This replat does not create any non -conforming lots or structures. Once the platting action has been completed and recorded the Community Development Staff intends to bring a rezone recommendation before the Planning and Zoning Commission and the Council to "clean-up" the zoning within the Park. Utilities: The properties are served by all necessary utilities; therefore a subdivision agreement is not required. The proposed platting action provides utility easements for all existing utilities and current accesses. Existing Uses: The large parcel to be known as Lot 15B contains the approximate 25 acres known as Two Lakes Park. The approximate 3 acre parcel to be known as Lot 6B contains the AVTEC Second Avenue Facility. The 8,295 square foot parcel to the north of AVTEC is currently vacant land and privately owned. Flood Zone: This area is not located within a FEMA mapped Flood Zone. However the area contains two lakes and a marshy wetland area and several small streams. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X 2.0 Community Vision and Values for 2020 Recreation: "We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. (Bullet 3, page 12) Protect open space by ensuring that Two Lakes Park is platted, zoned, and dedicated for park purposes in perpetuity. Public Safety: We value a safe community and a feeling of security. (Bullet 5, page 14) Establish alternative north -south routes throughout the community for emergency evacuations. 3.6.1. (page 25) Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. 3.6..1.1 (page 25) (Bullet 5) Complete the Two Lakes Park improvement plan, including interior lot line vacations. 2. Strategic Plan (1999) X — Recreation and Leisure (page 12) Develop and Improve Public Playgrounds (Bullet 2) Complete Two Lakes Park Improvement Plan 34 Seward Pl nn �r ni sion Agenda Statement —Resolution 2010 Page 4 of 5 3 (Bullet 2) Complete Two Lakes Park Improvement Plan 3. All Hazard Mitigation Plan (July 2004) X C. Mitigation Measures (page 22) — — Acquire land within the city to develop a secondary evacuation route that bypasses the Seward lagoon and boat harbor areas. Provide barriers to this route and designate it as a recreational trail for use outside of emergency access. (Planning and Zoning Commission, May 6, 2004) 4. Seward City Code (See above review) Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of this platting action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. Additionally staff has solicited review assistance and support from several members of the community who have had long standing interests in the Two Lakes Park area. At the time of this publication the Community Development Department has received three written comments. Two were letters from adjacent property owners, both expressing strong support for the replat. The third letter was from an adjacent property owner to the southeast, regarding the emergency access trail and easement noted on the plat. Staff has addressed this concern by adding a condition 6 requesting the historical access depicted on the replat be removed from the adjacent Lot 1, Callahan Replat. Staff has also received several verbal questions and/or comments from the public. The questions were clarification regarding the boundary of the Park. All questions were answered and comments followed for support of the Two Lakes Park replat. No comments in objection to the replat have been received. FISCAL NOTE: Costs for surveying were paid in 2009. Filing fees to the Kenai Peninsula Borough for the re - plat are not to exceed $500.00 and will be paid in 2010. Approved by Finance Department: ' Seward Plante ission Agenda Statement — Resolution 2010 gr Page 5 of 5 / 3 ATTORNEY REVIEW: Staff is currently working with the City attorney to produce the Reciprocal Access Easement Agreements, and the title exchange document for the west portion of the vacated First Avenue Right of Way. RECOMMENDATION: Approve City Council Resolution 2010-f,3 recommending Kenai Peninsula Borough approval of the Federal Addition — Two Lakes Park Replat, subject to certain conditions. J� Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2010-02 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE TWO LAKES PARK PRELIMINARY REPLAT WHICH ESTABLISHES THE OUTER BOUNDARIES OF THE TWO LAKES PARK, INCLUDES THE VACATION OF ALL INTERIOR UNDEVELOPED RIGHTS -OF -WAY, EASEMENTS AND INTERIOR PLATTED LOT LINES; AND DEDICATES ADDITIONAL EASEMENTS AND EXTENDS THE VISTA AVENUE RIGHT-OF-WAY NORTH PROVIDING LEGAL ACCESS TO USS 1931, LOCATED PREDOMINATELY WITHIN THE PARK ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City owned lands, establishing the perimeter boundary of the historical area commonly known as Two Lakes Park; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Federal Addition — Two Lakes Park Replat; and WHEREAS, this platting action will vacate all interior lot lines, undeveloped Rights -of - Way, and undeveloped utility easements creating three (3) parcels totaling 28.392 acres; and WHEREAS, the parcel known as Two Lakes Park contains 25.014 acres having a legal description of Block 15B; the parcel known as Alaska Vocational Technical Center (AVTEC), located at the Southeast edge of Two Lakes Park having a legal description of Block 6B contains 3.058 acres; and the third parcel included in this platting action is privately owned having a legal description of Lot IA, Block 16 Federal Addition contains 8,295 square feet; and WHEREAS, this platting action will provide access to adjoining parcel USS 1931 by the dedication of a 60 foot Right -of Way extension of Vista Avenue as requested by the private owners of USS 1931; and WHEREAS, the State has agreed to convey title o the western portion of the First Avenue Right -of -Way, which contains the main entrance into Two Lakes Park, back to the City; and 37 Seward Planning and Zoning Commission Resolution 2010-02 Page 2 of 4 WHEREAS, the Planning and Zoning Commission held several public work sessions during which the Public and the Commission expressed strong requests that the Two Lakes Park be held in perpetuity as a Park; and WHEREAS, Harriman Lake (later known as First Lake) was proposed as a Park by Mrs. Hazel. Ray of the Seward Women's Club in 1937 and with the financial support and dedication of the City Council and the American Legion the area was developed into the beginnings of what has become known as Two Lakes Park; and WHEREAS, local historian and author, Mary J Barry, noted on page 42 in Volume I of her book Seward Alaska A History of the Gateway City, that the original homestead of D. C. Brownell Sr., which included the First Lake area, was purchased by the City of Seward for a subdivision and a park in 1950; and WHEREAS, Two Lakes Park was recommended to the Seward Register of Historic Places by the Historic Preservation Commission Resolution 99-04 and accepted to the Register by Seward City Council Resolution 1999-055; and WHEREAS, the areas included within this replat are currently zoned Park (P), Single Family (RI), Urban Residential (UR), Resource Management (RM) and Institutional (INS); this replat does not create any non -conforming structures or lots within any of the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because all parcels are currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, either by the proposed platting action or by separate written agreements the current and proposed utilities and accesses have been provided for and/or protected, and WHEREAS, the Emergency Access Escape Route used during the 1964 Earthquake is shown on the plat and shall be protected by a Reciprocal Access Permit and Easement Agreement between the owners of US S 1931 and the City which shall be recorded as a separate document prior to recording of the final plat; and WHEREAS, the Reciprocal Access Permit and Parking Agreement between the State (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and NOO 38 Seward Planning and Zoning Commission %4W Resolution 2010-02 Page 3 of 4 WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with a public notice sign. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Two Lakes Park Replat to the Kenai Peninsula Borough for approval subject to the following conditions: 1. The Reciprocal Access Permit and Easement Agreement between the owners of USS 1931 and the City shall be signed and recorded before the final plat is recorded. 2. The Reciprocal Access Permit and Parking Agreement between the State 1�kw (AVTEC) owners of Lot 6B and the City shall be signed and recorded before the final plat is recorded. 3. The title transfer for the western half of the vacated First Avenue Right -of -Way shall be signed before the final plat is recorded. 4. Change note of access to the unsubdivided remainder of USS 703 to read: "existing access via Lowell Canyon Road" (not Jefferson). 5. Add a note stating public access to Block 15B is provided by the public Rights -of - Way of Second Avenue, Huhn Lane and Vista Avenue. 6. Request the surveyor remove the documentation of the existing historical evacuation trail depicted on Lot 1, Callahan Replat. Section 2. The Commission further recommends the City Council approve the vacation of all undeveloped interior Rights -of -Way as proposed by the replat. Section 3. The Commission further recommends the City Council approve the acquisition of the western 40 feet of the vacated First Avenue Right -of -Way. J� Seward Planning and Zoning Commission Resolution 2010-02 Page 4 of 4 Section 4. The Commission further recommends Kenai Peninsula Borough approval of the Two Lakes Park Replat subject to the above conditions. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of February 2010. THE CITY OF SEWARD, ALASKA II I Sandie Roach', Chair AYES: Ecklund, Stauffer, DeMarco, Heinrich, Roach' NOES: None ABSENT: Morgan ABSTAIN: None VACANT: One ATTEST: .J se�am'!ae Je ewis, CM '• ov SI �•'eee Ci Clerk .• °$_■■ -• ,■ • e (City Seal) � o ^� SE • 0 1.pP��',o�o ��oFp to ` 40 City of Seward, Alaska Planning Commission Minutes February 2, 2010 Volume 6, Page 3 8 3 ►' New Business Items requiring a Public Hearing — Resolution 2010-02 of the Planning and Zoning Commission recommending City Council and Kenai Peninsula Borough approval of the Two Lakes Park preliminary replat which establishes the outer boundaries of the Two Lakes Park, includes the vacation of all interior undeveloped Rights -of -Way, easements and interior platted lot lines; and dedicates additional easements and extends the Vista Avenue Right - of -Way North providing legal access to USS 1931, located predominately within the Park Zoning District / Glenz reviewed Resolution 2010-02. She noted the platting of Two Lakes Park had been a goal of the Community Development Department and the City of Seward for many years. She reviewed the replat established the exterior boundary of the park and also vacated all interior rights of way and established utility and emergency access easements. The owners of USS 1931, Bob and Patty Linville, worked diligently to accommodate the plat, Glenz explained, then outlined the conditions. In response to a question from Commissioner Ecklund, Glenz explained she had received verbal communication from a supporter of the replat noting they had attempted to submit written comments but the email had not been received. The supporter was responding to a notice that was provided to property owners who had a holding within 300 feet of the park boundary. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Seward resident Carol Griswold spoke in favor of the park plat. Griswold noted that longtime resident Pat Williams had told stories of swimming in the park as a child. Over the years, the property had generally been considered to be a park, Griswold said. Thanks were extended to everyone involved in the park effort, including former Seward Community Development Department Director Kerry Martin. Seward resident Kerry Martin said that he had worked on the park project for many years, beginning in 1980. Kerry noted the park area had been considered for a residential subdivision and other uses in the past. It was important that the land be maintained as a park, Martin said. Commissioner Heinrich requested City of Seward Fire Department Chief David Squires describe the emergency access easement route at the park boundary. Squires explained the extent of the work involved in gaining access for the emergency route. Squires said some details need to be worked out, including a plan for shared access at the northern end of the park that would not create any imposition for the adjoining property owner. Heinrich asked if the emergency route might be gated at the entry points. 41 City of Seward, Alaska Planning Commission Minutes February 2, 2010 Volume 6, Page 3 8 4 Squires explained the route was to be gated and the city manager had the ability to declare an emergency. In response to a question of the classification of the route and whether it was a designated right of way, Squires explained the route access was allowed via easement. It was planned that the route be regularly brushed out. Roach' said it was important to note the value of the emergency access route as part of the park plan. No one else requested to be heard and the public hearing was closed. Motion (Ecklund/Stauffer) Approve Resolution 2010-02 Ecklund noted a typo in the resolution title and requested housekeeping change from "plated" to platted in that reference. Ecklund also asked about a letter received from adjacent property owner Carol Ann Lindsey and the concerns expressed about any potential for a southern access to the park. Glenz explained condition 6 of the recommended conditions requested the surveyor remove the depiction of the historic trail from the adjoining property. She noted the historic trail depiction was only informational and did not grant public access at that point to the park. Motion Passed Unanimous Unfinished Business — None New Business -- Schedule 2010 work sessions and community meetings to update Title 15 Glenz explained the City of Seward had designated the update of Title 15 as a priority. She noted the proposed schedule for work sessions and public meetings had been requested at the January 19th Commission work session. Ecklund asked if the City Council has expressed any concerns about the proposed schedule. Glenz said City Council had not expressed any concerns about the timing of the meetings. Ecklund noted the timing of notices and advertising for the public meetings was important, in order to hold critical public meetings before some seasonal residents leave Seward in the autumn. Motion (Stauffer/Ecklund) Setting the dates for the work sessions and community meetings to update Title 15 as: Feb. 16, wind turbine work session; April 42 19 City of Seward, Alaska February 2, 2010 Commission Comments Planning Commission Minutes Volume 6, Page 3 8 6 Stauffer asked if the Community Development Department was providing the public with any technical information about wind energy conversion systems. Glenz said the information provided in the agenda packet was available Ecklund said she was pleased that Two Lakes Park is being formally recognized as a park. It is her hope that the community is able to benefit from the park in perpetuity, she said. Heinrich said he will be quite busy at work in the near future, but will make every attempt to attend the various meetings and work sessions. Roach' said she was very pleased with the progress that had been made with the Two Lakes Park platting effort. She also thanked staff for work completed in preparation for the meeting. The transit meeting held earlier in the month was part of an effort to improve transportation infrastructure and services in Seward. The public will determine what is needed, and eventually there will be grant funding, she added. It was very important to get a consensus from the community about what the transportation needs were. Citizens' Comments Kerry Martin, in response to earlier discussion, explained the differences between a right- of-way and an easement. Carol Griswold thanked the Commission for supporting the Two Lakes Park plat. Griswold also offered several ideas for the Commission to consider during 2010, including: improving methods by which the City of Seward can create public access to public properties when they are blocked or landlocked; an ordinance requiring public input for all public building construction and large commercial projects; the City of Seward encouraging and promoting electric vehicle use. Dave Squires congratulated the Commission for supporting Two Lakes Park and approving Resolution 2010-02. Squires also thanked the Community Development Department for soliciting input from other departments when preparing the preliminary replat. Commissions and Administration Response to Citizens' Comments Ecklund supported Griswold's request that the City get involved in promoting the use of electric vehicles. Ecklund asked Griswold to provide any information about what had been done to promote electric vehicle use in other Alaska cities. She stated she would like to take the material, if available, to the next work session. Stauffer said she had been under the impression that the Two Lakes Park area had already been formally designated as a park. She was very pleased with the recent work and thanked everyone involved in moving the park plat forward. 3 City of Seward, Alaska Planning Commission Minutes February 2, 2010 Volume 6, Page 3 8 7 Glenz thanked the Commission for all their hard work, as well as former Community Development directors Kerry Martin and Rachel James for their efforts to bring the Two Lakes Park plat forward. She noted that a platted emergency access route was a major accomplishment for the community. Continuing to state the park evacuation route had been a goal of the Comprehensive Plans since the 1964 Earthquake, when portions of the Seward Highway were rendered impassable. Adjournment Meeting adjourned at 8:45 p.m. Dwayne Atwood, Sandie Roach' Community Development Assistant Chair (City Seal) 4- R n M Current Zoning Map Z\ Two Lakes Park Replat " 0 187.5 375 Feet Mapping Assistance by I i I Alaska Map Co. J Single Family Urban Residential Institutional Council Resolution 2010- Date February 22, 2010 Chocked by: DGlenz CERRFMATE fY DIRO NW AND OEMARON ab aa,y c,rtlA' Mel w w Ma awn eI Ma rw PrlprN Moen sN hwDN eN Maf a UNSUBDIM ED REMAINDER U.S.S. 703 Gan a..waver.., ex a.a,wnb ma pWNc .A ft raf-eF-en, by wr M ,vnnrrl zAB ADrn, v— (e,iating ocena wo Afw— S4eet) I PAAD E wf .0 Yenwr .. LTfr NSbaad P. saaa0. 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UMalY 6ASCYENT v" L 1 1' ' Second Lake BLOCK 158 25.014 Ac. rq•Anr a u�.r a7 ,s",nfl"r '•.•• oil I I I I I I I I I 1 IY \, — —I— —I. —I— —I— —I— —I— —I— —I— — — —I— — — — — — — — — — — — - —I— SmD57o7 3r 6wam I>ff n, Rooas'ro•w m., SECOND AVE. ---- ---- 1 I ro I I � I I I Iz I la I I I I I I I I I i I I I I i a I i I I 66.00' — s66�o •� r.�zo— T- Y- — — —1 L- — — — — — — P I rroomYo'w 6noo —L—L—L—L�. ,m, dl4S7,4q I� NUE A-------------------- "'- VISTA AVE. (40' R.O.W.) 129 SF. ------I T-A 1 I--- R a W DEOlG I I I I s� I I I I I ,A g I (7) I I y I II -----I---L J I I i� ti /ei I HULM CIRCLE Z /* l I A-srv6roJ' �� @DIRIQARY IAVE DATA �S7UWJi' lb e�. 1 F — — i s �rriJ�l''•1O1.Or' \ lA CLIFF VIEW PL. I I L — — 1 —T—T—T—T—T—� I ftiOG 1MY ACCESS t Un 1 2 r—T--r—r—r—r—r—.r--r—T---r—r-------------/ 'e z l l l l l l l l l l l I Ll I I I I I I I I I I I I 1. AY �• za I I I I I I I I I I I I CRAMC SCALE � mum 'i miE.]TFl♦ omm @ ®Lh3EI6ri] Elm MET - ERA ffumr-- 3<� maW�r_r• FEDERAL ADD17ION CUN£ AND ASSOCIATES LAND SURVEYORS .16 .M -WA Po M 2M "MD. As 6966e c c c January 21, 2010 City of Seward City Planner P. 0. Box 167 Seward, AK 99664 Anchorage, AK 99501 RECEIVED ZJL2 5 2010 .ff_� Subj: Planning and Zoning Commission Resolution 2010-02, Two Lakes Park Replat Dear Mrs. Terry: I have received notice of the Two Lakes Park Replat and the preliminary replat drawing, Thank you for sending that out. As you may know, I own the two properties at the southeast corner of this proposed replat; Callahan Replat Lot 1 and 704 First Avenue described as T IS R I W See 1. Seward Meridian SW Beginning at the NW Conger Block 6 Federal Addition to Seward. thence West 95.54 ft thence South to North Line of Anderson Property thence East to east line First Avenue thence north to Point of Beginning. These two properties join at the southeast corner of the proposed replat and do not have an easement to match the proposed easement shown on the preliminary replat. I would suggest ending the drawing of the trail and utility easement at the location where it begins to curve towards the southeast corner to eliminate any misconception there is, or will be, an easement for access to this trail from either of these lots. As shown on the preliminary replat, it infers an easement will be given across both lots. I do not intend to grant an easement across either or both lots at any time. I would appreciate your assistance in making this detail abundantly clear in the proposed replat. if you have any questions, please give me a call. Sincerely, ar r` Carol Ann Lindsey 49 February 2, 2010 Seward Planning and Zoning Commission City of Seward PO Box 167 Seward, Alaska 99664 Commission Representatives, <LCEIVED IJ3 JW 0 3 2010 Per .;:._. I just received the notification of the meeting to take place this evening in Seward regarding the Two Lakes Park. I am unable to attend in person and I appreciate the opportunity to testify my support of the preservation of this park area adjacent to my home at 7113rd Avenue in Seward. This area is a treasure within the city for its residents to enjoy, whether they reside nearby as I do or elsewhere in the community. It has in its natural layout a beauty that well established parks in any major city would envy! An impressive array of vegetation, rocky out-croppings, waterfalls, clear running creeks, deep pond sized lakes and wetland habitat with a well maintained trail and excellent views from every vantage point. Whether a winter walk or ski, a summer jog with your dog or a quiet walk with a loved one, the city leadership could not wish for nor afford a greater asset within its limits. From my childhood attending Seward High School, (adjacent now AVTEC) and through many years of walks with my dog greeting neighbors on the trail I have valued this area. I have also feared that short term gain and poor planning might endanger its ongoing preservation. I strongly support efforts to maintain the current boundaries and establishing a long term Replat and the vacation of all interior undeveloped rights -of -way, easements and interior plated lot lines; and dedication of additional easements and extends the vista avenue right of way North providing legal access to USS 1931, located predominately within the Park zoning district. This action would serve well the residents of the entire city and its visitors for many years to come. Rarely does a more worthy opportunity come to preserve the on -going value and quality of life then in this action by all of you. The loss of this area for its residents is nearly unthinkable and once lost, never will be regained. Sincerely, S2nf Ji, Oma, David S. Kasser Property Owner 7113rd Avenue, Seward lead December 3 0, 2009 Donna Glenz Associate Planner City of Seward PO Box 167 Seward, AK 99664 Re: Two Lakes Park Plat Dear Donna: RECEIVED DEC 3 0 200y Per - - Following our meeting last Wednesday during which we were able to review the latest version of the Federal Addition -- Two Lakes Park Replat, I write this letter to state my support for the plat as it now stands. A park is not really a park when it is bisected by dozens of lot lines and right of ways. This plat vacates those lines and the unused, unneeded, and geographically impossible right of ways, while at the same time dedicating new right of ways necessary to access adjoining private lands. As an adjoining land owner and one of many Two Lakes Park users and supporters in Seward, I know I am not alone in stating my support for this project. Another benefit is the creation of a dedicated emergency access over the route which provided the only way in or out of town following the 64 quake. As the plat now moves on through the approval process, please forward my letter of support on to the Planning Commission, the Council, and the Borough. Thanks for working with me on this issue. Sincerely, i Robert Linville PO Box 1753 Seward, AK 99664 51 Current Zoning Map Two Lakes Park Replat 0 187.5 375 Feet I i I Mapping Assistance by Alaska Map Co. 52 Single Family Urban Residential IT - 1-0 Institutional Council Resolution 2010- Date February 22, 2010 Checked by: DGlenz Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST CONSTRUCTION COMPANY AT A RATE OF $4.88 PER CUBIC YARD FOR AN AMOUNT NOT -TO -EXCEED 19,900 CUBIC YARDS OF ROCK FROM THE QUARRY FOR AN EXTENSION TO THE BREAKWATER AT THE SEWARD SMALL BOAT HARBOR WHEREAS, after authorization through WRDA in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers; and WHEREAS, construction of the breakwater was completed in FY 2005; and WHEREAS, a number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor; and WHEREAS, after examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error; and WHEREAS, a subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost-effective and technically -viable solution; and WHEREAS; the Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater; and WHEREAS, the breakwater extension requires an estimated 19,900 cubic yards of rock; and WHEREAS, West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States; and WHEREAS, West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84-6, commonly referred to as the Seward Marine Industrial Center ("SMIC"), whose location is within Section 17, T1S, RIS, Seward Meridian ("the Quarry"); and 53 CITY OF SEWARD, ALASKA RESOLUTION 2010-014 WHEREAS, West shall have non-exclusive rights to remove Rock from the Quarry during the term of this Agreement; and WHEREAS, the City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property; and WHEREAS, West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future, and West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry; and WHEREAS, the city manager and the public works department looked at historical data for pricing of rock from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value; and WHEREAS, the cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project; and WHEREAS, the City wishes to enter into an agreement whereby West may extract rock 14,00 from the Quarry for use on the Project without interfering with other users at the Quarry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to enter into an agreement, in substantial form as presented at this meeting, with West Construction Company to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor in accordance with a contract between West and the United States. Section 2. The City will be reimbursed for rock removed from the Quarry at the rate of $4.88 per cubic yard on or before the first day of each month without demand or notice from the City. Section 3. The cost of the rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February 2010. Council Agenda Statement Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to Enter into an Agreement with West Construction Company Contract at the rate of $4.88 per cubic yard for an amount not -to -exceed 19,900 cubic yards of rock from the City's Quarry for an extension to the breakwater at the Seward Small Boat Harbor. BACKGROUND & JUSTIFICATION: After authorization through the Water Resources Development Act (WRDA) in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers. The construction of the breakwater was completed in FY 2005. A number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor. Examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error. A subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost- effective and technically -viable solution. The Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater. The breakwater extension requires an estimated 19,900 cubic yards of rock. West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States. West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84-6, commonly referred to as the Seward Marine Industrial Center ("SMIC" ), whose location is within Section 17, TIS, RIS, Seward Meridian ("the Quarry"). West shall have non-exclusive rights to remove Rock from the Quarry during the term of this Agreement. The City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property. West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future. West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry. The City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the Quarry. The city manager and the public works department looked at historical data for pricing of rock 5-3 from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value. The cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project. INTENT: To enter into an agreement with West Construction Company for $4.88 per cubic yard and provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor. ATTORNEY REVIEW: YES CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Revenues from the sale of quarry rock will benefit the City's general fund in an amount not to exceed $97,112.00. Approved by Finance Department: } RECOMMENDATION: Council to approve Resolution 2010- authorizing the city manager to enter into an agreement, in substantial form as presented at this meeting, with West Construction Company at the rate of $4.88 per cubic yard for an amount not -to -exceed 19,900 cubic yards of rock from the Quarry for an extension to the breakwater at the Seward Small Boat Harbor. E.6 ROCK REMOVAL AGREEMENT CITY OF SEWARD ROCK QUARRY, SMIC This Rock Removal Agreement ("Agreement") is entered into and made effective this day of , 2010 by and between the City of Seward, Alaska ("City") and West Construction Company, an Alaskan corporation ("West") (collectively, the "Parties"). RECITALS WHEREAS, West has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor (the "Project"), in accordance with a contract between West and the United States; and WHEREAS, West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract C of the Fourth of July Creek Tracts according to Plat 84-6, commonly referred to as the Seward Marine Industrial Center ("SMIC"), whose location is within Section 17, T1 S, RIE, Seward ' Wl Meridian ("the Quarry"); and WHEREAS, City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the Quarry; and WHEREAS, the City Council has approved this Agreement pursuant to its Resolution No. 2010- NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein the Parties hereby memorialize their agreement. CONTRACT PROVISIONS 1. Contracting Officer. Pursuant to SCC 7.25.001(2), the Contracting Officer and the person authorized by City to administer, modify, or change this agreement is W.C. Casey, Public Works Director, or his designee. 2. Removal of Rock. City agrees that West may remove up to 19,900 cubic yards ("C.Y.") of rock from the Quarry (10,400 C.Y. core rock, 3,500 C.Y. "B" rock, 6,000 C.Y. "A" rock), such rock to be used by West to fulfill its contractual obligations to provide 57 rock to the Project and for no other purpose. West shall, at its own expense and risk, perform all site preparation, blasting, sorting, removal, and transportation operations (the "Work") necessary to remove the rock. 3. Condition of the Quarry/Performance Bond. City makes no representations or warranties, express or implied, as to the condition of the Quarry or the existence, accessibility, quantity, quality or nature of any rock or other materials therein. West agrees to utilize the Quarry in an "as -is" condition. Upon Completion of its Work, West shall restore the Quarry and the quarry access roads to the same condition or better as exists at the time of commencement of West's Work. Prior to commencing work, West shall obtain a performance bond in an amount of at least ten thousand dollars ($10,000) for the benefit of the City for use in restoring the Quarry or access roads, provided that payment of the principal amount of the bond to the City shall not limit West's liability or obligations. 4. Compensation. City will be reimbursed for rock removed from the Quarry at the rate of $4.88/C.Y. on or before the first day of each month without demand or notice from the City. Payments which are more than 30 days past due shall accrue interest at the rate of .875% per month. Notwithstanding the above, West shall be in default of this Agreement if any payment is not made when due. West shall also pay all such applicable fees or charges as set forth in the City of Seward Terminal Tariff or other applicable City document as amended from time to time. All payments shall be accompanied by a monthly report of the amount of each size of rock removed, in accordance with paragraph 5. Within 30 days following expiration or termination of this Agreement, West shall deliver a final report to the City identifying in a summary fashion the classifications and total volume of rock removed from the Quarry and the total amounts due and paid to the City. 5. Measurement of Rock Removed From Quarry. Measurement of the quantity of rock removed from the Quarry will be by cross -sectional analysis of the completed Project and shall be verified by invoices submitted by West to the Manager of the Project and a representative of the United States Army Corps of Engineers. West shall be responsible for obtaining the services of, and for all costs associated with retaining and utilizing, a qualified person to determine the volume actually removed from the Quarry; such person shall be subject to approval by the City, which approval shall not be unreasonably withheld. 6. Commencement and Completion of Work. Subject to obtaining the performance bond as described in paragraph 3 and providing proof of the insurance described in paragraph 7, West is authorized to commence work immediately. Rock and other material created during blasting and removal for the project shall be available forthe Project. Excess rock and material not used for the project shall remain the City's property and shall be sorted and classified by West prior to expiration of this Agreement. All work Page 2 58 shall be completed and all equipment shall be removed 30 days following completion of the Project or on December 31, 2010, whichever comes first. 7. Insurance. West shall provide workers' compensation insurance at statutory limits, general liability and contractual liability insurance in the amount of two million dollars ($2,000,000) and one million dollars ($1,000,000) per occurrence, and comprehensive automobile liability insurance (covering bodily injury and property damage including all owned, hired, and non -owned vehicles) in the amount of one million dollars ($1,000,000) per occurrence, with the City as an additional named insured. Coverage under such insurance shall also include an explosives extension covering explosion, collapse and underground property damage hazards. City shall be provided certificates of all such insurance within thirty (30) days prior to removal of Rock under the terms of this Agreement. Such insurance must provide that City shall be given thirty (30) days' notice prior to any cancellation, termination, or non -renewal of the policy. 8. Indemnification. West agrees to indemnify, defend, and hold harmless City (including its employees, officers, and agents) from any and all claims, liabilities, causes of action, and demands, of any character or nature whatsoever, arising in favor of third parties and arising out or of relating to this Agreement or the performance of any Work or obligations hereunder. 9. Records. West shall keep accurate records of the rock removed from the Quarry for use on the Project. City shall have the right to audit West's records concerning the size, volume and weight of rock of rock removed from the Quarry. 10. No Assignment. West may not assign its rights and benefits under this Agreement without the express prior written consent by the City Council for the City. Any attempt at such assignment shall be a default of this Agreement. 11. Non -Exclusive Rights. West shall have non-exclusive rights to remove Rock from the Quarry during the term of this Agreement. This Agreement shall not be construed as giving West (a) the right to remove Rock from the Quarry for any other purpose other than for use in fulfilling its contractual obligation to provide rock to the Project, (b) the right to remove any materials other than the rock as described in Section 2 of this Agreement, (c) any rights to access or utilize the Quarry following expiration of this Agreement, (d) the right to remove rock in any way contrary to instructions, if any, requested by the Contracting Officer, or (e) any other rights whatsoever except as expressly granted by this Agreement. The City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property. West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future, and West expressly agrees to take Page 3 59 all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry. 12. Permits. West shall obtain, at its own expense, all necessary permits, rights - of -ways, or other consents from all governmental agencies and shall comply with all applicable federal, state, and local laws, statutes, regulations, and ordinances, including Chapter 7.25 of the Seward City Code of Ordinances. West's authorization to remove Rock from the Quarry is conditional upon West's prior receipt of required permits. 13. Amendment. This Agreement may be amended, modified, or extended at any time by mutual agreement of the Parties, but any such amendment must be in writing, dated, signed by the Parties, and attached hereto. 14. Choice of Law and Venue. The Parties agree that this Agreement shall be governed by the laws of the State of Alaska, and venue for any dispute shall be in Anchorage, Alaska. 15. Remedies Upon Default. The City shall have the right, but not the obligation, to terminate this Agreement following ten days written notice of default to West. West shall have the right to cure such default within the notice period and thereby avoid termination, provided that no other default and cure have occurred in the prior six months. Notwithstanding termination, the City retains its rights to be reimbursed for all rock removed up to and including the date of termination, and all other remedies available at law or equity. Paragraphs 3, 4, 6, 7, 8, 9 and 12 shall survive termination. 16. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to this subject. There are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained herein, and any prior oral or written understandings are hereby extinguished. 17. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Page 4 60 In IN WITNESS WHEREOF the Parties hereto have executed this Agreement, the day and year first above written. ATTEST: Jean Lewis, CMC City Clerk WEST CONSTRUCTION COMPANY, INC. in CITY OF SEWARD Phillip Oates City Manager 61 President Page 5 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AFFIRMING COUNCIL SUPPORT FOR FLUORIDATION OF THE PUBLIC WATER SUPPLY TO IMPROVE ORAL HEALTH, AND DIRECTING THE CITY MANAGER TO DETERMINE THE REQUIREMENTS AND COSTS FOR SAFELY ADDING FLUORIDE TO THE COMMUNITY WATER SYSTEM AND REPORT ON GRANTS AND OTHER FUNDING SOURCES FOR SUBSIDIZING THOSE COSTS WHEREAS, the Seward City Council is the governing body of the City of Seward and recognizes that there is community support for the fluoridation of the City of Seward public water system; and WHEREAS, the Seward City Council recognizes that dental tooth decay is a chronic disease and that community fluoridation is a public health measure that benefits all individuals; and WHEREAS, fluoridation of community water supplies is supported by numerous professional heath organizations including the American Public Health Association, American Dental Association, World Health Organization and the American Medical Association; and NWO WHEREAS, the Center for Disease Control and Prevention has named water fluoridation as one of the ten greatest public health achievements and in 2005 marked the 60t' anniversary of water fluoridation in the United States; and WHEREAS, SGS (the City's certified lab) conducted a standard water test aimed at detecting fluoride levels of 0.1 parts per million and higher on March 9, 2009, and fluoride was not detected in the Seward City water; and WHEREAS, the United States Public Health Service (USPHS) established the position that the optimal concentration for fluoride in the United States should be in the range of 0.7 to 1.2 parts per million; and WHEREAS, fluoridation of community water supplies at an optimal level has been shown to reduce the incidence of tooth decay; and WHEREAS, community water fluoridation simply adjusts the level of fluoride that occurs naturally in water to the level considered optimal in helping to protect against tooth decay as shown in 72.4% of the U.S. population served by public water systems that are optimally fluoridated; and WHEREAS, the Council of State Governments resolution on community water fluoridation supports state efforts to provide community water fluoridation; and 62 CITY OF SEWARD, ALASKA '%, RESOLUTION 2010-015 WHEREAS, the Indian Health Service may contribute up to 21 % of the capital infrastructure costs for the fluoridation of community water; and WHEREAS, there are pros and cons to adding fluoride to community water supplies and there is passion among both the proponents and opponents of fluoridation; and WHEREAS, resolution 2009-043 addressed the issue of whether fluoride should be added to the City of Seward water, and authorized placing the question on the ballot as an advisory vote to allow the qualified voters to advise the City Council on whether or not to fluoridate the water; and WHEREAS, resolution 2009-043 advisory ballot was titled as follows: "Proposition 1. (Advisory) Shall fluoride be added to the City of Seward water to the level of (0.7-1.2 parts per million) recommended by the U.S. Public Health Service"; and WHEREAS, the results of the October 6, 2008 regular election which included an advisory vote were as follows: Election Day votes (Yes: 229 versus No: 206); after canvass votes (Yes: 50 versus No: 28); and the total votes were (Yes: 279 and No: 234); and WHEREAS, the advisory vote on adding fluoride to the City of Seward's water was non binding; and WHEREAS, at the January 11, 2010 council meeting the Seward City Council was given information concerning the pros and cons of fluoridating the City of Seward water supply in the range of 0.7 to 1.2 parts per million. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city council recognizes and supports the public health benefits of community water fluoridation for preventing dental decay and is committed to the safe and effective practice of water fluoridation as defined by the Centers for Disease Control Preventions' Engineering and Administrative Recommendation to Water Fluoridation. Section 2. The city council directs the city manager to hire a qualified professional engineering firm for an amount not to exceed $50,000, to determine the impacts and requirements in terms of equipment, training, infrastructure, and safeguards of adding fluoride to City of Seward water system. The findings and conclusions from this study, and other requirements for the water system, shall be considered by the city council prior to the appropriation of funds for adding fluoride to the City of Seward water supply. M, CITY OF SEWARD, ALASKA RESOLUTION 2010-015 Section 3. The city council also directs the city manager to report back to the city council all grants and funding sources that may be available to subsidize the costs of adding fluoride to the City of Seward water supply. Section 4. Once the city council appropriates funds for the fluoridation of the City of Seward water supply, the city manager will initiate actions for fluoridation of the water supply to a minimum level of 0.7 and not to exceed 1.2 parts per million, the recommended fluoride level of fluoride in public water supplies according to the U.S. Public Health Service. 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 22nd day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 64 19 Council Agenda Statement Meeting Date: February 22, 2010 To: City Council Through: Phillip Oates, City Manager Agenda Item: Resolution 2010-_L5, affirming council support for fluoridation ofthe public water supply to improve oral health, and directing the city manager to determine the requirements and costs for safely adding fluoride to the community water system and report on grants and other funding sources for subsidizing those costs BACKGROUND & JUSTIFICATION: Providence, the City of Seward, and other Health and Wellness Entities have met to discuss how to improve the health and wellness of the Seward community. This "Wellness for All" initiative originated with the 2008 publication of Seward Region's Community Needs Assessment and the information in the report. The Wellness For All Group's overarching goal is to improve wellness in the Seward community. Four sub -groups were created focusing on smoking cessation, obesity, increasing awareness of programs and opportunities available in the community, and improving oral health. The improving oral health subgroup focused on water fluoridation as a preventative tool against dental disease. The fluoride issue has gathered a lot of attention both for and against putting fluoride in the City of Seward water. Based on over 60 years of research, the United States Public Health Service (USPHS) established the optimum concentration for fluoride in the United States in the range of 0.7 to 1.2 parts per million. Fluoridation of community water supplies involves the addition of fluoride to the public water supply to an optimal level to reduce the incidence of tooth decay. Community fluoridation is a public health measure that benefits individuals without access to regular dental care. Fluoridation of community water supplies is supported by numerous professional health organizations including the American Public Health Association, American Dental Association, World Health Organization, and the American Medical Association. The Center for Disease Control and Prevention has named water fluoridation as one of the ten greatest public health achievements and in 2005 marked the 60th anniversary of water fluoridation in the United States. On March 9, 2009, SGS (a certified testing lab) conducted a standard water test for fluoride. This test did not detect fluoride under .10 parts per million in the Seward City water. The United States Public Health Service (USPHS) established the opinion that the concentration for fluoride in the United States should be in the range of 0.7 to 1.2 parts per million. Fluoridation of community water supplies at an optimal level has been proven to reduce the incidence of tooth decay. Funding from the Indian 615 Health Service may be available to contribute up to 21 % of the capital infrastructure costs for the fluoridation of community water systems. There are pros and cons to adding fluoride to community water supplies and there is passion among both the proponents and opponents of fluoridation. Resolution 2009-043 placed the issue ofwhether fluoride should be added to the City of Seward water on the ballot as an advisory vote allowing the qualified voters to advise the City Council on whether to fluoridate the water or not. The advisory ballot was titled as follows: "Proposition 1. (Advisory) Shall fluoride be added to the City of Seward water to the level of (0.7-1.2 parts per million) recommended by the U.S. Public Health Service." The results of the October 6, 2008 regular election were as follows: Election Day votes (Yes: 229 versus No: 206); after canvass votes (Yes: 50 versus No: 28); and the total votes were (Yes: 279 and No: 234). This vote was non binding, letting Council consider the voting results as a recommendation for action. The Seward City Council is the governing body of the City of Seward and the Seward City Council has recognized that there is community support for the fluoridation of the City of Seward public water system. The Seward City Council also recognizes that dental tooth decay is a chronic disease and the most common chronic disease found in rural Alaska children. At the January 11, 2010 council meeting the City Council was given information concerning the pros and cons of fluoridating the City of Seward water supply in the range of 0.7 to 1.2 parts per million. At the council meeting the city council directed the city manager to bring back a subsequent resolution supporting the fluoridation of the City's water supply to a minimum level of 0.7 and not to exceed 1.2 parts per million and begin the actions that are necessary to safely add fluoride to City of Seward water with the following conditions: 1. The city council directs the city manager to hire a qualified professional engineering firm for an amount not to exceed $50,000, to determine the impacts and requirements in terms of equipment, training, infrastructure, and safeguards of adding fluoride to City of Seward water system. The findings and conclusions from this study, and other requirements for the water system, shall be considered by the city council prior to the appropriation of funds for adding fluoride to the City of Seward water supply. 2. The city council also directs the city manager to report back to the city council all grants and funding sources that may be available to subsidize the costs of adding fluoride to the City of Seward water supply. 3. Once the city council appropriates funds for the fluoridation of the City of Seward water supply, the city manager will initiate actions for fluoridation of the water supply to a minimum level of 0.7 and not to exceed 1.2 parts per million, the recommended fluoride level of fluoride in public water supplies according to the U.S. Public Health Service. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 68 FISCAL NOTE: This resolution authorizes expenditures not to exceed $50,000 for hiring an engineering firm. Costs exceeding $50,000 will necessarily comebefore, council for approval. Approved by Finance Department: ATTORNEY REVIEW: No RECOMMENDATION: City Council approve Resolution 2010-, affirming council support for fluoridation of the public water supply to improve oral health, and directing the city manager to determine the requirements and costs for safely adding fluoride to the community water system and report on grants and other funding sources for subsidizing those costs 67 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE 2009 BUDGET TO ACCOUNT FOR UNBUDGETED REVENUES FROM EXXON VALDEZ OIL SPILL SETTLEMENT PROCEEDS WHEREAS, the City of Seward received $1,622,052.36 as its share of the Exxon Valdez Oil Spill Qualified Settlement Fund punitive damages interest proceeds which were not anticipated in the 2009 annual operating budget; and WHEREAS, the City's total share of all recoveries to -date, net of 22.4% attorneys fees, is $2,980,405.01; and WHEREAS, it is necessary to modify the 2009 Budget retroactively in order to more accurately reflect estimated annual revenues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The amount of $1,622,052.36 is hereby accepted from the Exxon Qualified 14,10 Settlement Fund to account 101-0000-4630, retroactive to December 31, 2009. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2010. THE CITY OF SEWARD ALASKA Willard E. Dunham, Mayor M Council Agenda Statement Meeting Date: February 22, 2010 From: Kristin Erchinger, Finance Director ll t" Through: Phillip Oates, City Manager Agenda Item: Supplemental Appropriation of Revenues — Exxon Valdez Settlement Proceeds BACKGROUND & JUSTIFICATION: The City of Seward received a check in the amount of $1,622,052.36, representing its share of the Exxon Valdez Oil Spill Qualified Settlement Fund proceeds related to punitive damages interest earnings. While the City was expecting some level of settlement earnings, it was unclear whether we would receive the money in 2009 or 2010, and the amount of the settlement check was not known. Since the funds were received in 2009, the budget for 2009 should be amended to account for these revenues which were not originally anticipated in the 2009 budget. The City of Seward has been awarded a total of $3,448,626.34 to -date as our share of recoveries, prior to payment of mandatory attorney fees to the settlement fund. The City has received three checks: $544,551 from CRAW Funds; $813,801.65 from Exxon Qualified Settlement Funds; and this check for $1,622,052.36 for punitive damages interest earnings, bringing the total cash receipts from the Exxon Valdez Oil Spill to $2,980,405.01. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: The intent of this action is to modify the 2009 Budget to reflect unanticipated revenues from the Exxon Valdez Oil Spill punitive damages interest earnings. FISCAL NOTE: These proceeds will be used to bring the City of Seward's General Fund fund balance account into compliance with our budget policy, which requires reserves sufficient to cover three to six months' expenditures and transfers -out in the General Fund. F, Approved by Finance)U,_ ,� ATTORNEY REVIEW: no RECOMMENDATION: The City Council authorize a retroactive amendment to the 2009 Budget to reflect unbudgeted receipt of Exxon Valdez Oil Spill settlement proceeds. 613 Sponsored by: Oates M CITY OF SEWARD, ALASKA RESOLUTION 2010-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE 2009 BUDGET AND APPROPRIATING $430,411.62 FROM THE STATE OF ALASKA TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM ON BEHALF OF THE CITY OF [1 Balm I'll 1: WHEREAS, two bills passed during the 2008 Alaska legislative session (House Bill 310 and Senate Bill 125) and one bill passed during the 2009 Alaska legislative session (House Bill 81) had a marked impact on the public employees' retirement system (PERS) costs of Alaska's municipal employers in 2009; and WHEREAS, House Bill 310 appropriated $241,600,000 for deposit into the defined benefit plan in the public employees retirement system, as an additional state contribution for the fiscal year ended June 30, 2009, and House Bill 81 appropriated $107,953,000 into the same plan for the fiscal year ending June 30, 2010; and WHEREAS, Senate Bill 125 converted the PERS to a cost -sharing plan, whereby all PERS employers share one uniform PERS rate, as opposed to the previous method of individual employers having their own employer rates; and .1400 WHEREAS, Senate Bill 125 also capped the PERS contribution rate for employers at 22 percent for all PERS defined benefit contributions, even though the Alaska Retirement Management Board adopted rate was 35.22 percent for 2009 and 27.65 percent for 2010, resulting in a subsidy from the State of Alaska equal to 13.22 percent of employer covered wages in 2009 and 5.65 percent in 2010 for PERS defined contribution employees; and WHEREAS, for the City of Seward, the State of Alaska's coverage of costs in excess of 22% results in a cost savings to local taxpayers of $430,411.62 in 2009; and WHEREAS, it is necessary to modify the 2009 Budget in order to reflect the State's payment for PERS contributions made on behalf of the City of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The amount of $430,411.62 is hereby accepted from the State of Alaska, as payment on behalf of the City of Seward PERS, and the 2009 Budget is retroactively amended to December 31, 2009, as follows: 1) $332,833.19 for PERS reimbursement to account 101-0000- 4680-0200 allocated to General Fund departments; $49,326.58 to account 401-4360-4680-0200 CITY OF SEWARD RESOLUTION 2010-o1'? allocated to Harbor departments; $2.79 to account 402-4020-4680-0200 allocated to 402-4020- 5060; $2,892.42 to account 417-4500-4680-0200 allocated to SMIC departments; $19,633.59 to account 501-0000-4680-0200 allocated to Electric departments; $13,879.89 to account 701- 7110-4680-0200 allocated to Water departments; and $11,843.16 to account 703-7120-4680- 0200 allocated to Wastewater departments. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day of February, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, City Clerk THE CITY OF SEWARD ALASKA Willard Dunham, Mayor 71 COUNCIL AGENDA STATEMENT Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager From: Kristin Erchinger, Finance Director` Agenda Item: 2009 Budget Amendment appropriating State PERS contribution BACKGROUND & JUSTIFICATION: In 2008, the State legislature passed House Bill 310, appropriating $241.6 million directly to PERS on behalf of Alaska municipalities, to help offset retirement liability cost increases to local taxpayers. In 2009, the legislature passed House Bill 81, appropriating $107.9 million to help subsidize PERS costs for employers. This amount is being paid directly to the City's PERS account with the State of Alaska Division of Retirement & Benefits. While the funds did not come directly through the City, we are nonetheless required to account for the State's contribution on the City's books, and to book the corresponding expense. In 2008, Senate Bill 125 was passed, capping the annual PERS contribution rates for employers at 22%, and creating a cost -sharing plan in which all employers pay the same employer contribution 114 p rate. This was a departure from the previous plan, in which every employer was assigned a different employer cost rate, depending on their individual experience. The Alaska Retirement Management Board established the 2009 PERS employer contribution rate at 35.22%, and the 2010 rate at 27.65%. Since the State is contributing funding for rates exceeding 22%, the State is contributing 13.22% of City of Seward annual wages toward retirement contributions in 2009, and 5.65% in 2010. The State is on a fiscal year ending June 30, so the City applies the 2009 rate to employee wages for the period January 1 through June 30, 2009, and the 2010 rate for wages for the period July 1 through December 31, 2009. For the City's calendar year 2009, the State's contributions to PERS on the City's behalf, totals $430,411.62. Municipal governments in Alaska have benefited significantly by the State's coverage of PERS costs in excess of 22%. However, it is important to note that the legislature may, at any time, modify the amount of subsidy provided by the State toward PERS contributions. Any future reduction in the State's current practice of covering contribution rates exceeding 22%, will equate to equivalent additional required contributions by the City. CONSISTENCY CHECKLIST: 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable 72 Yes No M CITY OF SEWARD RESOLUTION 2010-; Page Two FISCAL NOTE: The State's contribution of $430,411.62 is considered a State grant award and is recognized as such on the City's financial statements, and an equivalent amount is recorded as retirement expense, allocated on a pro-rata basis, to each department's operating budget. Approved by Finance Department,,k�, RECOMMENDATION: Council approve Resolution 2010-DLI retroactively amending the 2009 Operating Budget by appropriating $430,411.62 from State grant revenues, to various fund retirement expense accounts, on a pro-rata basis, to accounts XO1-XXXX-5060. i3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH PROVIDENCE HEALTH & SERVICES TO ACCOUNT FOR THE TRANSFER OF FUNDS NECESSARY TO FACILITATE DEBT SERVICE PAYMENTS ASSOCIATED WITH SEWARD MOUNTAIN HAVEN WHEREAS, the Seward City Council passed Resolution 2006-28 on March 13, 2006 and Resolution 2007-50 on May 14, 2007, authorizing the issuance of $27 million in revenue bonds for the purpose of financing, designing, constructing and equipping a new long-term care facility in Seward, known as Seward Mountain Haven ("SMH"); and WHEREAS, the primary mechanism for repayment of these bonds is the capital cost component of patient charges, including Medicare revenues, generated from Seward Mountain Haven, which began operations on October 1, 2009; and WHEREAS, the City will utilize 100% of the capital cost component of patient revenues for the sole purpose of repaying bond debt and capital costs of Seward Mountain Haven; and WHEREAS, the City and Providence Health and Services are entering into a Memorandum *404 of Understanding to ensure that the capital cost -related revenues of Seward Mountain Haven are transferred to the City to be deposited into the Seward Mountain Haven Debt Service Fund to be designated solely for the purpose of bond repayment and capital costs. 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 sign the Memorandum of Understanding between the City of Seward and Providence Health & Services, in substantial form as attached hereto. Section 2. The City will account for and segregate the revenues associated with the capital costs of the facility, in the Seward Mountain Haven Debt Service Fund, and will utilize those funds to pay debt service and capital costs associated with Seward Mountain Haven. 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 22nd day of February, 2010. 14 Council Agenda Statement Meeting Date: February 22, 2010 From: Kristin Erchinger, Finance Director r""A14� Through: Phillip Oates, City Manager Agenda Item: Memorandum of Understanding with Providence Health y & Services to transfer long-term care facility revenues to pay debt service and capital costs BACKGROUND & JUSTIFICATION: The Seward City Council authorized the issuance of $27 million in revenue bonds to finance, design, construct, and equip Seward's new long-term care facility, Seward Mountain Haven (SMH). The annual debt service payments on the bonds will be approximately $1.97 million. The revenues to repay the bonds will come directly from revenues of Seward Mountain Haven. The purpose of this action is to establish a Memorandum of Understanding (MOU) whereby Providence Seward Medical &Care Center will remit to the City, the portion of patient revenues attributable to capital costs. These funds can then be segregated by the City into the Seward Mountain Haven Debt Service Fund, to be used to repay bond debt and capital costs of SMH. The MOU agrees to utilize the State of Alaska's allocation methodology for determining which portion of patient revenues are attributable to capital costs, and to use that proportion of revenues from the facility, to pay debt service on the bonds. It should be noted that the State currently rebases the facility's rate every four years. This rate is critical to the determination of how much funding the City will receive to repay bonded debt. As census fluctuates and operating costs increase over time, the reimbursement rate will change, and this will have a direct bearing on the resources available to pay for debt service. Therefore, it is extremely important that to the extent that there may be a surplus of funds available in the Seward Mountain Haven Debt Service Fund at any given time, those funds not be utilized for any other purpose than repayment of debt. Otherwise, in a future four-year rebasing cycle, it is possible that the reimbursements will be insufficient to cover debt costs. Also, given that in the first year of the bonds, the City requested interest -only payments, it was expected that we would generate some modest level of excess cash to ensure the availability of cash flow to make early debt payments. Ultimately however, these funds will be needed to make debt service payments. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: The intent of this action is to ensure that all revenues received at the long-term care facility which are proportionally attributable or allocable to the capital component of the daily rate (as opposed to the portion attributable to other non - capital costs), be transferred from the current manager of the facility, Providence Seward Medical & Care Center, to the City of Seward, to fund debt service and capital payments related to Seward Mountain Haven. FISCAL NOTE: There axe no costs associated with entering into this Memorandum of Understanding. Approved by Finance ATTORNEY REVIEW: no RECOMMENDATION: The City Council authorize the City Manager to enter into a Memorandum of Understanding with Providence Health & Services, to ensure that the portion of patient revenues attributable to capital costs of Seward Mountain Haven, be made available to the City to pay for debt service and capital costs of Seward Mountain Haven. i' J MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEWARD AND PROVIDENCE HEALTH & SERVICES This Agreement is made this day of February, 2010, by and between the City of Seward ("City") and Providence Health & Services ("Providence") as manager of Providence Seward Medical & Care Center ("PSMCC" -- which includes Seward Mountain Haven) for the purpose of ensuring that Seward Mountain Haven revenues are available to the City to pay required debt service payments on revenue bonds issued to construct and equip Seward Mountain Haven. WHEREAS, the City and Providence are parties to a Management and Operating Agreement ("Agreement") which became effective October 8, 2008 and which expires April 8, 2013; and WHEREAS, said Agreement includes provisions for Providence's management of Seward Mountain Haven and for its financial management of PSMCC; and WHEREAS, effective October 1, 2009, Seward's new long-term care facility was opened and PSMCC vacated the former Wesley facility and began operations of Seward Mountain Haven, on behalf of the community of Seward; and WHEREAS, the City of Seward issued $27 million in revenue bonds to finance and equip Seward Mountain Haven on March 18, 2008, pursuant to Resolution 2006-28 passed by the Seward City Council on March 13, 2006 and subsequently amended by Resolution 2007-050 approved on May 14, 2007; and WHEREAS, the revenues of Seward Mountain Haven were pledged as security to repay said revenue bonds; and WHEREAS, revenues from Seward Mountain Haven are collected by PSMCC and this MOU proposes to establish the procedure by which revenues will be transferred from PSMCC to the City for purposes of repaying bonded indebtedness. NOW THEREFORE, the parties hereby agree as follows: 1. A primary consideration in the issuance of revenue bonds for Seward Mountain Haven was the fact that under current Medicaid rate -setting regulations, reimbursement rates are established in large part, on a cost -based reimbursement methodology. This methodology is assumed to, over the long -run, recover the capital costs associated with Seward Mountain Haven from the capital -component of reimbursement rates. It is the capital portion of the reimbursement rate which is intended by this MOU to be used to repay bonded debt. The capital component of the Medicaid reimbursement rate would apply to patients who are eligible for Medicaid at the time of receiving service at Seward Mountain Haven. The City l� 1 and Providence understand that the Medicaid reimbursement methodology is II%Ir, subject to change, and therefore provides no guarantee of future revenues to repay facility capital costs. 2. The parties agree that all the revenues resulting from operation of Seward Mountain Haven will be allocated first for the purpose of capital debt repayment, then for operations, and finally, for additional capital purchase or investment. 3. The parties understand that any anticipated cash shortfall, whether identified in the annual budget or recognized subsequent to passage of the annual budget, will require coordination between the City and Providence to determine how to address the shortfall. The City is more likely to require operational solutions to address revenue shortfalls, than to expect contributions from the Seward City Council. The City has expressed its expectation that the facility will strive to operate at a break-even, and therefore operational changes will be expected in order to balance the budget. 4. Section 1(b) of the Agreement states,"the City shall continue to own and have financial responsibility for PSMCC. The City shall also have control over the facility other than day-to-day operations." The parties understand therefore, that funds associated with operating PSMCC, whether operating or capital in nature, are the City's responsibility, and the City has the authority to determine that revenues are used first to repay debt, and then to pay for operations. The City has the financial obligation however, as defined in the Agreement, to cover any shortfalls associated with PSMCC (to include Seward Mountain Haven). 5. Section 12 of the Agreement defines the City's obligations to ensure that sufficient funds are on hand to pay the costs of PSMCC, and defines Providence's sole discretion to require payment by the City for any shortfall. The City and Providence continue to work cooperatively to ensure that such shortfalls are timely repaid by the City as required by the Agreement. 6. The parties agree that all funds paid by PSMCC to the City of Seward related to Seward Mountain Haven capital costs, will be segregated by the City into a debt service fund to be used solely for the repayment of bond debt and capital costs. 7. PSMCC agrees to issue monthly checks to the City of Seward paid two months in arrears to allow for cash flow challenges. To simplify the accounting for cash flow purposes, PSMCC will utilize the State of Alaska DHSS long-term care capital -component daily rate applied to all patient days each month, regardless of payor. Then, at least once per year (and at a minimum, as necessary to ensure accurate financial statements for both PSMCC and the City), PSMCC will calculate a true -up based on actual payor mix, and the City will remit back to PSMCC, any overpayment made by PSMCC to the City during the period. The true -up will reflect the agreed -upon methodology for charging each individual patient on the basis of payor type, as follows: 77 2 a. For Medicaid Patients: PSMCC will utilize the State of Alaska DHSS long-term care capital -component daily rate applied to patient days each month, for Medicaid -eligible patients. For 2009 patient days (October 1, 2009 through December 31, 2009), this rate has been established at $254.07. For 2010 patient days, this rate has been tentatively established at $261.96. Both parties understand that in accordance with Mr. Jack Nielson's letter to Christopher Bolton dated December 29, 2009, this rate is subject to adjustment based on a final audit by DHSS of the capital costs of Seward Mountain Haven, and that an adjustment to this daily rate can be made by DHSS. The City agrees to refund back to PSMCC any overpayment which may result from DHSS's reduction in the permanent rate from the initial temporary rate. b. For self -pay and other payors: PSMCC agrees to utilize the same pro- rated formula derived from the DHSS long-term care per -day rate, as the basis upon which to pay the City of Seward a portion of revenues derived from self -pay patients. For example, the 2009 long-term care daily rate is set at $666.79, with 3 8. 1 % of that rate representing capital costs associated with Seward Mountain Haven. Therefore, 38.1% of the daily rate associated with self -pay patients will be remitted to the City of Seward for 2009 patient days. For 2010 patient days, the long-term care daily rate is tentatively set at $682.52 with 38.3% of the daily rate associated with capital costs associated with Seward Mountain Haven. Therefore, 38.3% of the daily rate associated with self -pay patients will be remitted to the City of Seward for 2010 patient days. Both parties understand that these DHSS figures are tentative and subject to change, and that PSMCC may retroactively adjust the daily rate based on a revision by DHSS to the capital component of the daily rate, which may result in a revised pro -rated capital cost percentage. Both parties agree that PSMCC will only remit to the City of Seward, that portion of pro -rated self -pay revenues actually collected by PSMCC attributed to Seward Mountain Haven. c. For Veterans Administration ("VA") patients: For so long as the Veterans Administration utilizes the same long-term care daily rate reimbursement methodology as used by Medicaid, the same pro -rated formula will be utilized as in 7(a) above, for determining the payment to the City for VA patients. If the VA payment methodology should change in the future, the City and PSMCC agree to work together to determine a reasonable allocation of revenues to the City for the repayment of capital debt service, and to attach an explanation of such written allocation as an addendum to this MOU. W This agreement constitutes the entire agreement between the parties. All amendments to this agreement must be in writing. AGREED TO BY AND BETWEEN: For CITY OF SEWARD: Phillip Oates, City Manager Date For PROVIDENCE HEALTH & SERVICES: Al Parrish, Chief Executive Officer Date M Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2010-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT #7 TO THE EMPLOYMENT AGREEMENT WITH THE CITY CLERK WHEREAS, Jean Lewis has been employed by the City Council in Seward, Alaska as the City Clerk since May 22, 2002; and WHEREAS, the City Clerk does not participate in standard employee step increases or cost of living allowances (COLA) as outlined in the Seward City Code, and any increase in pay or annual leave accrual must be by an amendment to the employment agreement; and WHEREAS, the City Council agrees to give a 2.5% increase which would be the equivalent to a 2.5% merit increase with a satisfactory performance evaluation; and WHEREAS, Lewis' contract states City Council agrees to review Lewis' salary annually prior to adoption of the City's fiscal budget; and WHEREAS, this anticipated increase was in the 2010-2011 budget that was passed on ' November 23, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Amendment No. 7 to the City Clerk's employment agreement dated May 13, 2002 between the City of Seward and Jean Lewis which increases her annual salary by 2.5% is hereby approved and attached herein. Section 2. The effective date of the salary increase shall begin February 28, 2010, the next full pay period. 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 22nd day of February, 2010. EO Council Agenda Statement Meeting Date: February 22, 2010 From: Jean Lewis, City Cler Agenda Item: Resolution2010-019, amending the City Clerk Employment Agreement. 131-1U LUKUUNL) & J uN I1r1C;A ION: Jean Lewis has been employed by the Seward City Council as the City Clerk since May 22, 2002. The city clerk does not participate in standard employee step increases or cost of living allowances (COLA) as outlined in the Seward City Code, and any increase in pay must be by an amendment to the employment agreement. The attached resolution reflects a 2.5% increase over the clerk's current salary, which is the equivalent of all city employees who receive a merit increase with an acceptable annual evaluation per the city's rate scale. This annual evaluation took place on February 8, 2010. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Above request was factored into the FY 2010-2011 budget. f .? Approved by Finance DepartmentG'1,;�.� •� RECOMMENDATION: Council approve Resolution2010-019, amending the employment contract of Jean Lewis to allow for a 2.5% pay increase. 81 EMPLOYMENT AGREEMENT FOR JEAN LEWIS AMENDMENT #7 The employment agreement for city clerk services dated May 13, 2002 between the City Council of the City of Seward and Jean Lewis, is hereby amended as follows: ➢ Amends paragraph 2 of the original employment agreement to read, " Lewis shall be paid at the rate of $63,946.36 per year." This change is effective the first full pay period after 2/22/10, or beginning 2/28/2010. Except as provided herein, all other terms and conditions of the agreement dated May 13, 2002 and subsequent amendments remain in force and effect. City of Seward, Alaska Willard E. Dunham, Mayor Attest: Johanna Dollerhide, Assistant City Clerk 82 Jean Lewis, City Clerk Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE TRANSFER OF $8,150 IN UNEXPENDED GRANT FUNDS FROM THE 2009 LIBRARY BUDGET INTO A SPECIAL REVENUE FUND TO COMPLETE THE 1964 EARTHQUAKE DOCUMENTARY FILM WHEREAS, with the passage of Resolution 2009-087 on September 14, 2009, the Seward City Council accepted grant funds totaling $18,150 from Rasmuson Foundation ($10,000), Alaska Humanities Forum ($3,150), and the Seward Community Library Association ($5,000); and WHEREAS, $10,000 of the grant funds were spent in 2009, leaving $8,150 in grant funds unspent at the end of the fiscal year; and WHEREAS, this resolution authorizes the transfer of remaining funds into a Special Revenue Fund in order to prevent the lapse of grant funds at year-end, leaving a balance of $8,150 to be spent on production of the 1964 Earthquake documentary NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Unspent grant funds in the amount of $8,150 are hereby transferred from the General Fund account no. 101-0000-3 071-0826 to the Library Special Revenue Fund account no. 826-0000-3070-0101. Section 2. This resolution is retroactive to December 31, 2009. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22°d day of February, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 83 Council Agenda Statement Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager i From: Patricia Linville, Library Director Agenda Item: Transfer $8,150 in unexpended Library Grant Funds to Special Revenue Fund to prevent grant funds from lapsing at year-end. BACKGROUND & JUSTIFICATION: With the passage of Resolution 2009-087 on September 14, 2009, Council accepted grant funds totaling $18,500 received from Rasmuson Foundation ($10, 000), Alaska Humanities Forum ($3,150) and the Seward Community Library Association ($5,000). The funds were appropriated into the 2009 library budget and $10,000 was spent. Although work on the documentary was expected to be complete in 2009, it was not. A completion date of March 15, 2010 has been confirmed. Because the remaining $8,150 will not be expended until the project is complete, this resolution will move these funds into a Special Revenue Fund account, enabling staff to pay invoices received from the documentary producers through the project's completion. Unspent General Funds lapse at year-end, meaning that they are no longer available to spend. Therefore, the remaining grant funds must be put into a Special Revenue Fund in order to be available for expenditure across more than one fiscal year. A copy of Resolutions 2008-132 and 2009-087 are attached as back up to this request. CONSISTENCY CHECKLIST: 1. Comprehensive Plan 2. Strategic Plan 3. Other: 4. Not applicable ATTORNEY REVIEW: No Yes No FISCAL NOTE: The transfer of $8,150 in unspent grant funds out of the General Fund will prevent the grant funds from lapsing at year-end. ,/, '110- RECOMMENDATION: City Council approve Resolution 2010-A authorizing the transfer of $8,150 in unexpended grant funds from the General Fund account no. 101-0000-3071-0826 to the Library Special Revenue Fund account no. 826-0000-3070-0101. `14 Sponsored by: Oates r CITY OF SEWARD, ALASKA RESOLUTION 2008-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS 1N THE AMOUNT OF $3,500 FROM ALASKA HUMANITIES FORUM TO BE UTILIZED TO FUND PRODUCTION OF A 1964 EARTHQUAKE DOCUMENTARY AND APPROPRIATING FUNDS WHEREAS, the 1964 Good Friday Earthquake movie has been shown to students, local residents and visitors at the library since the early 19805s; and WHEREAS, donations received from those attending the movie have enabled the Seward Community Library Association to assist in purchasing books and media and provide additional program support for the library; and WHEREAS, Seward Community Library Association has committed $6,500 to produce a new documentary to replace the outdated presentation; and WHEREAS, grant requests were submitted to the Alaska Humanities Forum for $3,500 and Rasmuson Foundation for $10,000 to assist in funding a new 1964 Earthquake documentary; and WHEREAS, this resolution will accept $3,500 from Alaska Humanities Forum although payment will not be requested pending notice of funding received from Rasmuson Foundation. 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 execute a grant agreement with Alaska Humanities Forum, in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to accept grant funds totaling $3,500 from the Alaska Humanities Forum, to the Library Grants Account no. 101-0000-4360-0040, and to appropriate the amount of $3,500 to the library contracted services account no. 101-1500-5390. Section 3. This resolution to take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 81h day of December 2008. 3 CITY OF SEWARD, ALASKA RESOLUTION 2008-132 THE CITY OF SEWARD, ALASKA illi"rd Dunham, Vice Mayor AYES: Valdatta, Bardarson, Smith, Kellar, Keil, Dunham NOES: None ABSENT: Corbridge ABSTAIN: None ATTEST: .lean ; ewis � City Clerk (City Sea]) ��eH e•, Of �' •� t w a M P 10 41 •...�...:• P`" �. F eeeo •nRa. asp 86 Revised Budget Narrative Good Friday Earthquake: Seward, Alaska March 27, 1964 The total cost to complete a 20-30 minute DVD production to commemorate the Good Friday Earthquake is estimated at $20000. This sum was quoted by a professional videographer who completed a similar project for the Seward in 2003. The estimate was $1000 to $1500 per minute of documentary. The $1000 figure was used in the estimate because the library and museum have footage identified and ready for production which would make the project easier to put together. The break down of the estimated funding sources is below: Source Total Alaska Humanities Forum $3500 Seward Community Library Association $6500 Rasmuson Foundation $10000 Total $20000 Seward Community Library Association (SCLA) and the Seward Community Library (SCL) have used the funds earned from the donations by viewers of the Earthquake movie to support the programs and services of the library since the early 80's. During 2007 the movie brought a total of $6400 to the library association. The $5000 committed to this project is seen as an investment not only to continue the revenues that the movie generates but also to update and enhance the learning adventure that occurs each day at the library for viewers. An application to Rasmuson Foundation has been submitted simultaneously with this AKHF application. The r $10000 requested is a Tier 1 grant. Rasmuson will decide to fund this project pending successful funding from AKHF. Seward Community Library and Rasmuson have a history of collaboration. In 2002 SCL received $7883 from Rasmuson to purchase shelving for the junior/young adult section. The project was completed with $1500 raised by the SCLA and a $1000 donation from an anonymous local donor. In 2007 another Rasmuson grant for $2980 was added to $750 from the Alaska Railroad and $600 from the City of Seward to purchase a table, new sofas and chairs for the library seating area. Each of these grants was completed successfully. 8-7 Agenda Statement Meeting Date: December 8, 2008 To: Mayor Corbridge and Council Members From: Patricia Linville, Library Director 1-�' Through: Phillip Oates, City Manager Agenda 1t.ern: Resolution 2008 ]Accepting Grant Funds in the Amount of $ 3500 from Alaska Humanities Forum to be Utilized to Fund Production of a 1964 Earthquake Documentary and Appropriating Funds BACKGROUND & JUSTIFICATION: Since the early 1980's, the Earthquake Movie has been shown at Seward Community Library. Two 30 minute videos are shown daily during the summer months and upon special request from student groups. Donations received from these presentations are used to support programs and services of the library through the Seward Community library Association (SCLA). The original production was created as a slideshow with a cassette tape narrative. The second half of the program was a 16mm U.S. Army black and white film of their reaction to the disaster with footage of the tsunami in Seward. Today, the library shows the same production in a slightly different format. The slide show has been turned into a video. Now the pictures move across the screen as the history teacher's narration relates the gory details. The 16mm Army film has migrated to a videocassette, still black and white as the snow and soot the day after the earthquake. Library staff and the SCLA agree a new documentary that utilizes current technology and reflects updated local knowledge and conditions is needed. Quotes to produce the documentary were received at approximately $1,000 per minute. Total production costs are estimated at $20.000. Grant applications were submitted to Alaska Humanities (AKHF) and Rasmuson Foundation with a match of $6,500 committed by SCLA. AKHF has committed $3,500 to the project. Rasmuson funding is currently pending. Although this Resolution will accept the AKHF grant funding, payment will not be requested until/unless the Rasmuson request for $ I O,000 is awarded. This resolution will accept the $3,500 from AKHF and appropriate those funds into the library 2009 budget. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. 68 FVA FISCAL NOTE: There is no local match required by th City. for this project. Approved by Finance Department: RECOMMENDATION: City Council approves Resolution 2008-I authorizing the City Manager to accept grant funds from the Alaska Humanities Forum and appropriate $3,500 to the library budget to assist in the production costs of a 1964 Earthquake documentary. M City of Seward, Alaska City Council Minutes February 8, 2010 Volume 38, Page CALL TO ORDER*100 The February 8, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Bob Valditta Tom Smith Marianna Kell Vanta Shafer comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney ABSENT — Linda Amberg CITIZENS' COMMENTS ON ANY SUBJECT:- EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Betty Skinner hoped, -the council had read the packet she gave at the last council meeting from a study off Iofthe internet She asked why fluoride became an issue since oral hygiene was not on the origuial wellness program aril vvliy it was even put on the ballot at the last election. Skinner urged council to slow down the process and have drinkable water for everybody. She stated cost was an issue along pvith the economic crisis around the country. It had not been established that fluoride was needed in the water and,'questioned how much was safe to ingest. She thought topical was a better way to go andpeople could go to their physician or dentist for fluoride. Skinner worried about the health issues for elders and how this would affect everyone. She wanted a true and factual study on the feasibility to ensure it wouldn't be a burden on taxpayers if implemented. Jim Herbert reported that the community hosted the National Ocean Science Bowl over the past weekend with over 200 students, parents and coaches participating with 23 Alaska teams in this academic competition. He acknowledged and thanked the University, the Alaska Sealife Center, Icicle Seafoods, National Park Service and the Seward coaches and volunteers. He said this took a lot of community involvement. Herbert also mentioned there was free tax preparation at the Senior Center. He said last year, over 300 tax preparations had resulted in over $300,000 of refunds for the NVAd area. City of Seward, Alaska February 8, 2010 City Council Minutes Volume 38 Page Tom Tougas, addressed increasing the rent on harbor lease sites. He said there were 32 sites leased, with his price from $78.35 per square foot, proposing to $97.00 sq ft. He stated the city had not spent a penny on those lots that people had invested in. He wanted to know why the city would increase the rates by 25% when all businesses in Seward were struggling to survive. Tougas thought the city was sending a message to boat harbor businesses that it didn't care if they survived. His rent was about $8,000 a year and he remarked that the city would lose sales tax revenue once businesses closed. He requested this topic be put on for a public hearing. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) Approval of Agenda `and Consent Agenda The minutes were pulled from the consent agenda. Motion Passed Unanimous SPECIAL ORDERS, PRESENTATIONS AND REPORTS' Proclamations and Awards A Proclamation Was Read DesignatingYebruary 20 Arid 21, 2010, Juriro Wada And Alfred Lowell For Blazing And Marking The Seward Ta Iditarod Trail And Presented To Dan Seavey, President Of The Seward Trailblazers. Borough Assembly Report. Assembly Person Sue McClure stated the city was set to receive the borough cruise ship head. tax monies soon. The issue on service area vacancies being appointed by the Mayor and_approvedby the Assembly instead of appointments by the board itself was up for the final, vote, althoughshe felt it could be withdrawn. Another topic of interest was the Ordinance 2016 001, which conveyed ten acres of borough land to the City of Soldotna for the cemetery. The remaining issue was price, and the City of Soldotna would build and maintain it, but the whole borough could use it. Another ordinance which would prohibit a person from serving on the borough` -a sembly and a,city council at the same time was being introduced. McClure had enjoyed being a,science judge in the National Ocean Science Bowl over the weekend. City Manager's Report. City Manager Phillip Oates had just come back from a legislative visit to Juneau and Washington D.C. and thought it had been a good strategy going early to get more time with all representatives and senators. A coalition of legislators from other communities was brought together on a library funding bill and the municipal harbor grant program. Oates stated the city had four cruise ship head tax projects once money was appropriated. They were: a security dock, relocating the Coast Guard building, establishing a pedestrian corridor on Port Avenue and a water storage tank. Oates encouraged the state legislature for approval of a state GO bond for completing the SMIC basin and $2 million dollars to combat erosion on Lowell Point Road. They had also partnered with the Alaska Sealife Center for their intake project, the Shellfish Hatchery and AVTEC, and spoke about future a Spring Creek Correctional Center expansion. Oates, Mayor City of Seward, Alaska City Council Minutes February 8, 2010 Volume 38, Page Dunham and Vice -Mayor Bardarson then travelled to Washington D.C. to establish networks and talk about projects such as; Lowell Creek tunnel, waterfront improvements, roads, hospital health clinic expansion, language and usage changes for the Park Service's private and public conferences in their new building, east harbor dredging, harbor expansion cost share forgiveness, and the shellfish hatchery. Oates stated it was a privilege to support and lobby for these vital community projects on behalf of the City. Oates stated there were no purchases between $10,000450,000, nor RFP's. He stated the Alaska Municipal League Joint Insurance Association (AMLJIA) would be holding their July 2010 Board meeting in Seward. A faulty pressure gauge leaking lubricating oil was discovered at the Fort Raymond Generation facility. Most of the oil was contained within the secondary containment and the site was being monitored by the electric department and cleanedlip using disposal techniques outlined in the Spill Prevention, Control and Countermeasures (SPCC) plan. Oates reported the harbor was in the process of slip transfers and new assignments based on the involuntary relinquishment list. Of 40 slip holders, 1$ either paid or gave up thetr slips. A new anti -freeze collection site would be installed at R-float this.sprmg„along with used oil containment tanks at D, F, J and R-floats, which had been in place'sin& 1992 and was in dire need of replacement. S-float would have fire extinguishers added before the boating season began, bringing the whole float system up to city code. Oates also reported pump problems were addressed and solved within the water and wastewater system. Several technological upgrades were initiated, setbacks obtaining site control for the new water storage tank were- being evaluated, and staff was preparing for a second round of ARRA funding if it we' to come available. *404 ➢ Community Development. Incorporation of zoning for small wind turbines would be addressed at the next Planning & Zoning Commission work session. ECl/Hyer and Rise Alaska would return to Seward for the final Library/Museum 35% Schematic Design Presentation on FeblWary 11, 2Q.1U The, PEC, Building Committee and Library Museum Committee would also,. meet to review the proposed plans. Community Development Director Chesty Terry atfended a two day training in Anchorage titled "Entrepreneurial and Small- Business DkXelopmentg -Strategies" by the International Economic Development Council through theT, niverty of Alaska Center for Economic Development. This was a fantastic opportunity, .develop additional tools to help sustain the community's economic viabihfy end while partnering with the Chamber of Commerce in augmenting services for new and establishedbusinesses within the community. ➢ Finance Department. More than 500 customers took advantage of the first full month of electronic bill paying for their monthly utility bill, representing more than 20% of all utility customers. The department also received its 16`h consecutive Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officer's Association of the United States and Canada, for its comprehensive annual financial report for the year ended December 31, 2008. In response to questions, he stated the Lowell Creek tunnel was in good shape for the next 10-15 years. Catastrophic failure was always a possibility in case of natural disaster. W City of Seward, Alaska February 8, 2010 City Council Minutes Volume 38 Page City Attorney's Report. Cheryl Brooking reported on their usual monthly duties along with accessing rock quarry materials, vessel impoundments, levee road acquisitions and quiet title action at the Two Lakes Park area. Work had begun on documents to be filed in the Resurrection Bay Conservation Alliance (RBCA) litigation that was remanded back to the Federal District Court. The briefing was due Monday, with oppositions and replies happening thereafter. Brooking stated at the Southwest Alaska Municipal Conference, recently held in Anchorage, the three issues were: broadband access, fisheries and energy. She spoke about the recent Supreme Court decision in Citizens United vs. Federal Election Commission which overruled a prior case on election finance law dealing with corporate financing, time limits, advertising funding, governmental interests, influencing elections, etc., and the conclusions the Court came up with She said`the Court upheld the disclosure requirements because government did have a valid interest providing the electorate about the spending sources. Brooking said this was a fascinating read; quoting the federalist papers, history, free speech and the election process and how campaign's work and how far you restrict that in a democratic government. She noted the state legislature was addressing what this decision meant to the State of Alaska. Mayoral Report. Mayor Willard Dunham stated the legislative trip to Juneau was the busiest he had been to. They saw 22 legislators in two days 'They met with legislators of each district on the bill of interest for seven harbors. Other topics and discussions were the library, hospital, DOT, coastal plans and the AVTEC expansion. Dunham spent one hour in the Governor's office and met with the Attorney General about lawsuit assistance'for the Alaska Railroad, and Aurora Energy Services litigation. He went`-_' ent onto=Washington D.C. and also spoke of the ARR lawsuit. His meeting with the Office of the Federal Coordinator of the Natural Gas Project went well, with the possibility of Seward being a primary:port when a pipeline was built. Dunham said the City needed to plan now, for stoxage areas andio handle heavy equipment. Vice -Mayor Jean Bardarson reported on -the trip to Marionette, Wisconsin and how they toured the shipyard that was building the arcticresearchvessel Sikuliaq. This ship was being built with ARRA funding and would create jobs in Wisconsin. She thought the infrastructure was fascinating and:explamed how they would build modules and combine them at the end. The building of this ship would begin m four months, after the design work was complete and would house researchers, educators and sc entists'from all over the world. She thanked the Chancellor for partnering with the city and picking Seward for the homeport of this vessel, and she also thanked Dan Oliver for having "Seward" printed on all ship illustrations. Other Reports;. Announcements and Presentations A report was given by Bryan Zak, SW Regional Director of Alaska Small Business Development Service for small business services. Council Suspended The Rules To Allow Ron Wille To Speak Since He Missed Citizen's Comments. Ron Wille, Operations Manager at Kenai Fjords Tours, stated the 2% increase in lease rates was actually a 25% increase. He provided a handout and explained the lease rate on one parcel had 93 City of Seward, Alaska City Council Minutes February 8, 2010 Volume 38, Page increased 147% in 2005. In total this represented a $5000 increase for their two properties in the harbor. Wille explained that 2009 was a difficult year for all businesses. Many businesses had to cut costs to stay profitable and asked the council to cut governmental costs instead of always increasing costs. He thanked them for their consideration. PUBLIC HEARINGS - None NEW BUSINESS Resolution 2010-011, Amending The City Parking Fees Schedule For City -Owned Parking Lots, Temporarily Decreasing Daily Parking Fees. Effective May 1. 2Q10 Through December 31, 2010. Motion (Bardarson/Shafer) Approve --it $61 - tion 2016=011 Oates reminded parking fees had been reduced from'$10 to $5 because of the economic times which ended at the beginning of 2010. This extended those reduced'fEes for another year and would convert back to $10 a day when it would sunset at the end of -the -,'War 2010. He explained the impact on all harbor lots. Valdatta thought $10 was still a good rate. Keil reminded that council had voted it be $S for the budget. Motion Passed (4-2) Yes: Smith, Shafer, Keil, Bardarson No: Valdatta, Dunham OTHER NEW BUSINESS, The January41, 2010,Regular City Council Meeting Minutes Were Approved by unanimous consent. The January 25, 2010 Regular City Council Meeting Minutes. Motion (Smith/Bardarson) Remove The Words, "Stated Even Though It Was Not Required, They" From Page 18. The January 25, 2010 Regular City Council Meeting Minutes Were Amended And Approved By Unanimous Consent. Discussion and guidance on setting the percentage of land value for annual city lease rental charges. City Attorney Cheryl Brooking stated the instructions to the appraiser were to come up with the fair market value on a fee simple basis, or in another section, to do a lease rate analysis and come �2! City of Seward, Alaska February 8, 2010 City Council Minutes Volume 38 Page up with a fair market rent value. If council chose to not raise lease rates now, those rate percentages would be determined by the appraiser. The only question was to establish the rate percentage ahead of time and simplify the appraiser's work, or have the appraiser set the fair market value for these existing leases. Brooking reminded that rates were established every five years during an appraisal. Community Development Director Christy Terry reminded that RFP criteria had come to the council for approval, and a clause was taken out of the RFP that talked about setting the percentage. She would issue an addendum tomorrow telling proposers that setting the percentage was part of the RFP. She clarified that in the individual leases, the leaseholder had a procedure to object to the fair market value set by the appraiser. Council Agreed To Have The Land Appraisal. The Rates Would` Be Established By The Land Appraisal And The Appeal Process. It Was Agreed By Unanimous Consent To Add A Sentence About "Home -Rule" And Approve The Draft Letter In Opposition To KPB Ordinance:2009-051 Which Would; Allow Service Area Board Members Vacancies Be Appointed By The Mayor And Confirmed By The Assembly Instead Of Appointed By A Majority Of The Reirnaining Board. INFORMATIONAL ITEMS AND REPORTS (No action require Letter to Senator Gary Stevens re: FY2011 fundt"ng4or.municipal- harbor facility grant program. COUNCIL COMMENTS Shafer hoped the other legislators would lobby on Seward's behalf on the harbor funding like Seward had done for them. She was very happy the arctic research vessel was being built and notified everyone that a Christmas movie was due to be made in Seward. Smith was now'totally confused about the appraisal process. Valdatta was asking -people to move their vehicles for snow removal along the roadways. He thought there should be an ordinance to ticket people who did not move their vehicles. Keil was glad the Mayor, City Manager and Vice -Mayor got the opportunity to travel to Juneau, Washington D C and Wisconsin, and was pleased Seward was represented at the shipyard. Bardarson thanked the community for sending them to lobby for city projects. She stated it was an educational trip for her and the ship was great. She believed it would bring more business to Seward. Bardarson also thanked the volunteers of the National Ocean Science Bowl, the member who was helping with taxes at the senior center, and congratulated the finance department on their achievement award. Dunham indicated that participants of the National Ocean Science Bowl got tuition credit on 95 City of Seward, Alaska City Council Minutes February 8, 2010 Volume 38, Page future scholarships. He thought it was an indication of things to come with the ship and education opportunities and thought the value to Seward was amazing. He thanked Crowley Marine for being in the harbor and bringing their vessels in to do maintenance work during the winter. He hoped the Alaska Film Industry could give a presentation sometime. Dunham noted the passing of an institution, D.E. Wood. He was a great community member, poet, critic, and it was definitely an end of an era with his passing. CITIZENS' COMMENTS Tom Tougas said other communities were working together to help: their businesses during difficult times. He thought Seward was shifting from sales tax economytoafixed cost economy and stated it was a cooperative process to build sales tax and improve the community. Tougas stated Seward was turning into the most expensive city to do business in He was down"zing as fast as he could and paid moorage and head tax on top of the 8% lease rate He felt the council needed to talk to the harbor businesses before these institutional facilities were gone. With a declm"ulation, he did not want to see the private sector destroyed. Betty Skinner mentioned the Episcopal Church fed _the children meals that were involved with the National Ocean Science Bowl. She noted they were always very polite and always a joy. She also re -stated she would share information on water fluoridation if anyone was interested. COUNCIL AND ADMINISTRATION RESPONSE,:TO CITIZENS' COMMENTS — None Council recessed at 9:25 p.m. Council resumed at 9:30 p.m. EXECUTIVE SESSION Motion (Bardarson/Shafer) Go into executive session to discuss possible pending litigation commitments in regards to Alaska Community Action on Toxics and Alaska Chapter of the Sierra Club vs. Alaska Railroad Corporation and Aurora Energy Services, LLC. Motion Passed Unanimous Council went into executive session at 9:32 p.m. Council came out of executive session at 9:57 p.m. Motion (Keil/Shafer) Go into executive session to conduct the City Clerk Evaluation. Motion Passed Unanimous 96 n City of Seward, Alaska February 8, 2010 City Council Minutes Volume 38, Page Council went into executive session at 9:58 p.m. Council came out of executive session at 10:20 p.m. ADJOURNMENT The meeting was adjourned at 10:22 p.m. G7 CITY OF SEWARD, ALASKA APPLICATION FOR THE SEWARD PLANNING AND ZONING CO NAME: i 'L v--C- 0") ( � C STREET ADDRESS: i:' �l MAILING ADDRESS: 0 : C, , ; x i 11-1 11 c —6 JAN 2 8, 2010 0 THE HOME TELEPHONE: qc i - BUSINESS PHONE: C� G' E-MAIL ADDRESS: 2- 2-0 2, HOWLONG IN THE CITY LIMITS OF SEWARD: 14 PRESENLY EMPLOYED AS: List any special training, education or background you have which may help you as a member of the Commission. Gam. c , ti V C Coo) n Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: k'� o I am specifically interested in serving on the Planning and Zoning Commission because: Have you ever served on a similar commission elsewhere? Yes or No If so, where? And when? Are you available for meetings Tuesday evenings? \I C. i If appointed, are you willing to travel: Often Occasionally Rarely Never Signature Date �g 16 2�10 CITY OF SEWARD, ALASKA FE8 �f APPLICATION FOR THE ��t � S WARD PLANNING AND ZONING COMMISSION NAME: oa-a-k-) STREET ADDRESS:_ MAILING ADDRESS: lJU• 44:OX 3al HOME TELEPHONE: .2a A/ • 9& -' / BUSINESS PHONE: E-MAIL FAX: 90 U I rze-t- HOW LONG IN THE CITY LIMITS OF SEWARD:__ PRESENLY EMPLOYED AS: O/JP�'0-ttOnS Sy-1St),�-� - First S Clet?l List any special training, education or background you have which may help you as a member of the Commission. S-Ei-�-ii Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: A/® I am specifically interested in serving on the Planning and Zoning Commission because: Have you ever served on a similar commission elsewhere? Yes o No If so, where? And when? Are you available for meetings Tuesday evenings? yes - If appointed, are you willing to travel: Often Occasionally �arely Never Signature Date a9 Page 1 of 2 Johanna Dollerhide From: Jaramillo, Henreeda (DPS) [reeda.jaramillo@alaska.gov] Sent: Thursday, January 14, 2010 3:10 PM To: Johanna Dollerhide Cc: SMorgan @borough. kenai.ak.us; assemblyclerk@borough.kenai.ak.us; Lauri @ borough. kenai.ak. us Subject: 2010-2011 - Renewal Notification - Seward Follow Up Flag: Follow up Flag Status: Red Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included below. 2010-2011 Lic # Establishment Name License Type Premise Location Owner Name 4670 BPO Elks Lodge Club 419 5th Ave BPO Elks Lodge #1773 177 Breeze Inn Beverage Dispensary -Tourism 1311 4th Ave Juris Mindenbergs 324 Seward Alehouse, The Beverage Dispensary 215 4th Ave Seward Wheelhouse Inc. We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS O4.11.520. Additional information concerning filing a „% "protest" by a local governing body under AS O4.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct 2/17/2010 100 Page 2 of 2 subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 15 AAC 104.335(a)(3), AS O4.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. 101 2/17/2010 Page 1 of 10 Johanna Dollerhide From: Morgan, Shellie [SMorgan@borough. kenai.ak.us] Sent: Wednesday, February 17, 2010 8:31 AM To: Johanna Dollerhide Subject: FW: Liquor License Renewal Notification Good Morning, This was a strange one. It shows me on the original sent list; however, I never received it until Soldotna City sent it to me, and I see that you were not on the original sent list. Sorry. I try to catch that. Thank you, Shellie Morgan -Saner Borough Deputy Clerk Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Alaska 99669 Ph. 907-714-2163 Fax. 907-714-2388 From: Holland -Williams, Dawn R (DPS) [mailto:dawn.holland-williams@alaska.gov] Sent: Thursday, January 21, 2010 9:26 AM To: Morgan, Shellie Subject: RE: Liquor License Renewal Notification Wow — that's strange. Thank you for letting me know. Dawn Holland -Williams Alcoholic Beverage Control Board 5848 E Tudor Rd Anchorage AK 99507 907-269-035O PH 907-272-9412 FX From: Morgan, Shellie [mailto:SMorgan@borough. kenai.ak.us] Sent: Thursday, January 21, 2010 9:24 AM To: Holland -Williams, Dawn R (DPS) Subject: FW: Liquor License Renewal Notification Hi Dawn, 102 2/17/2010 Page 2 of 10 I wanted to let you know, that this original email was never received by myself. I see that it was addressed to my also; however, it never came through. Teresa sent it to me yesterday, and we will process as quickly as possible. Thank you, Shellie Morgan -Saner Borough Deputy Clerk Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Alaska 99669 Ph. 907-714-2163 Fx. 907-714-2388 From: Teresa Fahning [mailto:tfahning@ci.soldotna.ak.us] Sent: Wednesday, January 20, 2010 2:51 PM To: Morgan, Shellie Subject: FW: Liquor License Renewal Notification Shellie — here's the one I was talking about that has Buckets on the list. T From: Holland -Williams, Dawn R (DPS) [maiIto: dawn. holland-williams@alaska.gov] Sent: Wednesday, January 06, 2010 3:14 PM To: Johnson@ci.homer. ak.us; tfahning@ci.soldotna.ak.us; Kenai; SMorgan@borough.kenai.ak.us Subject: Liquor License Renewal Notification I C; 3 2/17/2010 Page 7 of 10 Outside City Limits Type: Beverage Dispensary Lic #: 1189 DBA Name: Vagabond Inn Premise Address: 38515 Kalifornsky Beach Rd Owner: Vagabond Inn Inc Mailing Address: PO Box 1662, Kenai, AK 99611 Outside City Limits Type: Beverage Dispensary Lic #: 484 DBA Name: Gwin's Lodge Premise Address: Mile 52 Sterling Hwy Owner: Gwin's Lodge Inc Mailing Address: 14865 Sterling Hwy, Cooper Landing, AK 99572 Seward Type: Restaurant/Eating Place Lic #: 3021 DBA Name: Marina Restaurant Premise Address: 1321 4th Avenue Owner: C Scott Bald & Carol Lallatin Mailing Address: PO Box 845, Seward, AK 99664 Soldotna Type: Brewery Lic #: 4546 DBA Name: Kenai River Brewing Co Premise Address: 241 N Aspen St Ste#100 Owner: Kenai River Brewing Company Mailing Address: 241 N Aspen St Ste#100, Soldotna, AK 99669 Soldotna Type: Restaurant/Eating Place Lic #: 418 4 2/17/2010 AGENDA STATEMENT Meeting Date: February 22, 2010 From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Non -objection to the Liquor License applic tion renewal for BPO Elks Lodge #1773 BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license renewal application for BPO Elks Lodge #1773. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Club Liquor License application for BPO Elks Lodge #1773. 13 MEMORANDUM Date: February 22, 2010 To: Michelle Endresen, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the application of liquor license for BPO Elks Lodge #1773. The following business has applied for a renewal of their club liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials BPO Elks Lodge #1773 — Liquor License #4670 Club Finance/Leases "JI A— 65� Finance/Utilities 6 Police Chief l— lowf` Fire Chief It �bg KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK January 25, 2010 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License: 44670 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license 11#4. renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Club BPO Elks Lodge #1773 - License 44670 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, , Johni Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File Vl f AGENDA STATEMENT Meeting Date: February 22, 2010 From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Non -objection to the Liquor License applic tion renewal for The Seward Alehouse. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license renewal application for The Seward Alehouse. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Beverage Dispensary Liquor License renewal application for The Seward Alehouse. i(r8 Rn In MEMORANDUM Date: February 22, 2010 To: Michelle Endresen, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the application of liquor license for The Seward Alehouse. The following business has applied for a renewal of their beverage dispensary liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials The Seward Alehouse, #324 Beverage Dispensary Finance/Leasesl rx /ti Finance/Utilities Police Chief Fire Chief J_ KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVICIONO BOROUGH CLERK January 25, 2010 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License: #324 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal applications and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Beverage Dispensary Seward Alehouse, The #324 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File 1 1 V AGENDA STATEMENT Meeting Date: February 22, 2010 From: Johanna Dollerhide, Assistant City Clerk r Agenda Item: Non -objection to the Liquor License application renewal for The Breeze Inn. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license renewal application for The Breeze Inn. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Beverage Dispensary — Tourism Liquor License renewal application for The Breeze Inn. ill MEMORANDUM Date: February 22, 2010 ' To: Michelle Endresen, Finance — Leases Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the application of liquor license for The Breeze Inn. The following business has applied for a renewal of their beverage dispensary - tourism liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials The Breeze Inn #177 Beverage Dispensary - Tourism Finance/Leases� Finance/Utilitiescze Z�� _ Police Chief ��_ 3� j Fire Chief_ —_ 112 KENAI PENINSULA BOROUGH 144 North Binkley Street a Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 a FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak.us ° JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK January 25, 2010 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License: # 177 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal applications and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Beverage Dispensary -Tourism Breeze Inn # 177 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File 13 AGENDA STATEMENT Meeting Date: February 22, 2010 From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Non -objection to the Liquor License applic on renewal for The Marina Restaurant. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license renewal application for The Marina Restaurant. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Restaurant/Eating Place Liquor License renewal application for The Marina Restaurant. 114 MEMORANDUM Date: February 22, 2010 To: Michelle Endresen, Finance — Leases Kati Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk Subj: Verifying Compliance for the application o liquor license for The Marina Restaurant. The following business has applied for a renewal of their restaurant/eating place liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials The Marina Restaurant, #3021 Restaurant/Eating Place Finance/Leases _ O KI Finance/Utilities_ Police Chief_ ��- Fire Chief 0 k �_ .115 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2160 • FAX: (907) 714-2388 "< Toll -free within the Borough: 1-800-478-4441, Ext 2160 EMAIL: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, CIVIC BOROUGH CLERK February 2, 2010 Ms. Dawn Holland -Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507-1286 Re: Application for Renewal of Liquor License: #3021 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal applications and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Restaurant/Eating_Place Marina Restaurant #3021 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, John! Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File 116 19 Memorandum Date: February 22, 2010 To: Mayor Dunham, City Council From: Jean Lewis, City Cler Subj: Google Request A community member brought it to my attention that Google is planning to build and test ultra- high speed broadband networks in a small number of trial locations across the country. By their website instructions, if your community was chosen, they would offer services at a competitive price. Residents or community members can sign up online on one link, or governments can sign up online on another link. They encourage responses from city managers, elected officials and Mayors. So it appears communities must volunteer for this experiment, that fiber optic connections would be installed and lines could be installed to the local internet service providers GCI and Telalaska. In seeking information from our two local internet providers, Telalaska will have to get back to me, and GCI states they are already working with Google to get fiber optics to some rural communities in Alaska. GCI informed me they have proposed to run fiber optic to Seward citizens before, but had been turned down, so there appears to be issues with that. I have alerted the electric department that they may get questions on this topic. Attached is some information off Google's website. Council can discuss whether this is worth looking into or not. --Jean 17 Google Fiber for Communities: Instructions Page 1 of 1 Sian in Got-sle k.;? Home Instructions Project Overview Submission/Procedures and Timeframe Instructions 1. All responses to this RFI should be submitted through the interactive response forms found on this website. In order to respond to Legal Statements this RFI, you will have one of two options: i. Full community response by a local government interested in having its community serve as a trial location. FAQ ii. Other interested parties and non -governmental respondents, explaining why the trial should be held in the respondent's community. 2. If any item in the Local Government RFI is unclear, a written request for clarification may be sent to Google. Such requests must be sent only through this website by selecting the contact link in your response. 3. An FAQ can be found here. 4. The completed response to the RFI (local government or by other interested parties) must be submitted through this website. The interactive response forms are designed to allow you to begin your response, save it, and come back to it for further work. The response will only be finally complete when you have clicked the "Send response" button. Once you have sent your response, it can no longer be edited. 5. All responses must be submitted no later than 5:00 pm (PT) on the Response Deadline date. Any submission submitted after the deadline will not be accepted; however, Google may make exceptions at its sole discretion. 6. Responses will be evaluated and ranked by a selection team designated by Google for that purpose. Google may make a decision on how to proceed with respect to responses at any time without further notice. Upon completion of Google's evaluation, Google will provide information about the responses and next steps. As one possible outcome of the RFI, a short list of responding communities may be asked to provide further information, though this will only occur at Google's discretion. 7. All communications to Google regarding the Local Government RFI must be made solely through this website, please use the contact link in your response. 02010 Google - Google Home - Privacy Policy - Terms of Service http://www.google.com/appserve/fiberrfi/public/instructions 2/16/2010 Google Fiber for Communities: FAQ Page 1 of 1 o .I Home FAG Proiect Overview Expand allCollapse all Instructions What is Google planning to build Google is planning to build and test ultra -high speed broadband networks in one or more trial locations across the country. We'll deliver Leal Statements Internet speeds more than 100 times faster than what most Americans have access to today over 1 gigabit per second, fiber -to -the -home connections. We'll offer service at a competitive price to at least 50,000 and potentially up to 500,000 people. FAQ Why is Goo-gle doing this9 Our goal is to experiment with new ways to help make Internet access better and faster for everyone. What criteria will Google use to select the communities for this proie t? Above all, we're interested in deploying our network efficiently and quickly, and are hoping to identify interested communities that will work with us to achieve this goal. We also want to want to work with a community where we can bring significant benefits to residents and develop useful proofs -of -concept that can have a broader impact. For example, we're looking for opportunities to experiment with deployment techniques that can inform and accelerate broadband deployment elsewhere as well. To that end, we'll use our RFI to identify interested communities and to assess local factors that will impact the efficiency and speed of our deployment, such as the level of community support, local resources, weather conditions, approved construction methods and local regulatory issues. We will also take into account broadband availability and speeds that are already offered to users within a community. The RFI is a first step — we plan to consult with local government organizations, as well as conduct site visits and meet with local officials, before announcing our final decisions. When does Gooale expect to ann^unce a target c nunity� We plan to announce a target community or target communities this year. How much will the services cost? The final price has not yet been determined, but we intend to offer service at a competitive price. Why would consumers need 1 Gbps connections? In the same way that the transition from dial -up to broadband made possible the emergence of online video and countless other applications, ultra high-speed bandwidth will drive more innovation — in high -definition video, remote data storage, real-time multimedia collaboration, and others that we cannot yet imagine. It will enable new consumer applications, as well as medical, educational, and other services that can benefit communities. If the Internet has taught us anything, it's that the most important innovations are often those we least expect. When does Goals expect to h_ avQ 3 1 C_,bps network up and runnina? Today s announcement is the first of many steps along the way. It's too early to announce a definite launch date, but our hope is to have a network up and running as soon as possible. Right now our focus is on finding the right communities for our trial. What do you mean by "at least sn nnn d potentially uR to 500,000 people?" We have not yet determined the size of the trial, which will be based in large part on the availability of appropriate locations. We expect that we will provide this service to a minimum of 50,000 people and up to as many as 500,000 people, most likely in multiple communities. Can I submit on behalf of a non -city municipality? Yes, we will accept responses from any type of municipality including counties, military bases, reservations, etc. Please use the "local governments' link if you are a government or municipal official; otherwise please use the "residents and community groups" link. Who is allowed to submit a response on behalf of a municipality Respondents should clearly state the position in which they represent their city. We encourage responses from city managers, elected officials, and mayors. If you do not represent your city, please submit a statement of interest for residents and community groups. What if I don't have all the information needed to complete the RFI? We are asking municipalities to provide as much information as possible about their location, but all submissions are welcome. Please fill in as many of the fields as you can and let us know of any special circumstances that might be affecting your submission. 02010 Google - Google Home - Privacy Policy - Terms of Service 1j 9 http://www.google.com/appserve/fberrfi/public/faq 2/16/2010 Google Fiber for Communities: Project Overview Page 1 of 1 Sion in G4�igle Home Project Overview Project Overview What is Google doing and what does it seek to achieve? Instructions Key Dates: Legal Statements Issuance of RFI: FAQ February 10, 2010 Response Deadline: March 26, 2010 Google reserves the right to modify any of these dates. Any changes will be published on this website. Imagine sitting in a rural health clinic, streaming three-dimensional medical imaging over the web, and discussing a unique condition with a specialist in New York. Or downloading a high -definition, full-length feature film in less than five minutes. Or collaborating with classmates around the world while watching live 3D video of a university lecture. Universal, ultra high-speed Internet access will make all this, and more possible. We've urged the FCC to look at new, and creative ways to get there in its National Broadband Plan —and now we're announcing an experiment of our own. Google is planning to build, and test ultra -high speed broadband networks in a small number of trial locations across the country. We'll deliver Internet speeds more than 100 times faster than what most Americans have access to today with 1 gigabit per second, fiber -to -the - home connections. We'll offer service at a competitive price to at least 50,000, and potentially up to 500,000 people. As a first step, we're putting out a Request for Information (RFI) to help identify interested communities. We welcome responses from local government, as well as members of the public. Our goal is to experiment with new ways to help make Internet access better, and faster for everyone. Here are some specific things that we have in mind: • Next generation apps: We want to see what developers and users can do with ultra high -speeds, whether it's creating new bandwidth -intensive "killer apps" and services, or other uses we can't yet imagine. • New deployment techniques: We'll test new ways to build fiber networks; to help inform, and support deployments elsewhere, we'll share key lessons learned with the world. • Openness and choice: We'll operate an "open access" network, giving users the choice of multiple service providers. And consistent with our past advocacy, we'll manage our network in an open, non-discriminatory, and transparent way. Like our WiFi network in Mountain Viewthe purpose of this project is to experiment and learn. Network providers are making real progress to expand and improve high-speed Internet access, but there's still more to be done. We don't think we have all the answers — but through our trial, we hope to make a meaningful contribution to the shared goal of delivering faster and better Internet for everyone. 02010 Google - Google Home - Privacy Policy - Terms of Service 120 http://www.google.com/appserve/fiberrfi/public/overview 2/16/2010 Google Fiber for Communities: Legal Statements Page 1 of 1 Sian in Got�qle Home Instructions Legal Statements FAQ Legal Statements Confidential Information Notice Google does not seek any proprietary or confidential information as part of your response. Accordingly, please do not submit any information that you do not want to become publicly available. Google will not be under any obligation to treat submissions as confidential, and Google may disclose submissions to third parties as part of the evaluation process. All information and data contained in your response should be submitted on an unrestricted basis. Disclaimers Legal Status This RFI does not constitute, and should not be interpreted as, a contract between Google and any entity or person for the performance of any obligation. Instead, the RFI seeks to identify required information from communities, and to establish a common framework within which an agreement for a fiber trial may be reached. The submission of a response to the RFI, and subsequent evaluation of that response by Google, also does not constitute a contract or any type of agreement between Google and any respondent for the performance of any obligation. Only the execution by Google of a written contract will obligate Google in accordance with the terms and conditions contained in any such contract. All responses to this RFI become the property of Google. Responses to this RFI may not be made by employees of, consultants to or other persons connected with Google. By submitting a response to either portion of this RFI, each respondent certifies that no employee of, consultant to, or other person connected to Google who has been or is associated with the respondent has participated in preparation of the response. Any personal information Google receives as part of the RFI will be used by Google only for purposes of planning and running the services. Google will only share this information with third parties where necessary for planning and running the services. Cost of RFI This RFI does not commit Google to pay any expense incurred by you in the preparation of your response. 02010 Google - Gooale Home - Privacy Policy - Terms of Service http://www.google.com/appserve/fibenfi/public/legal 2/16/2010 Date: February 12, 2010 To: Memorandum City Council Members City Cler6 . Subj: National Ocean Science owl Letters sent by Mayor Dunham From: Jean Lewis, Attached are a couple of examples of the 30 letters Mayor Dunham sent congratulating students and coaches of the teams that placed 1st, 2nd, and 3`d in the Alaska Tsunami National Ocean Science Bowl in Seward the first weekend in February. Congratulatory letters were also sent to the team that won the 2010 Mayor's Award and the Red Lantern Award. City pins and postcards were also sent with each individual letter. 122 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 February 10, 2010 Ignatius Beans Memorial School Complex P.O. Box 32105 Mountain Village, AK 99632 RED LANTERN CLASSROOM ENHANCEMENT AWARD TEAM JUVENILE GANNETS Dear Team Juvenile Gannets; City of Seward, Alaska 1%3 1965 2005 AllAll-Amrica City r Thank you very much for participating in the Alaska Tsunami National Ocean Sciences Bowl here in Seward, Alaska. I would like to congratulate you and your team on winning the Red Lantern Classroom Enhancement Award. As you know, this award acknowledges the hard work and completion of both the research and quiz portions of the Tsunami Bowl, plus enables your school to purchase valuable class resources. With climate changes taking place in our great state of Alaska, and around the world, we need the talents of young scholars to move us forward in this fast changing world. Thank you again for your participation, and dedication to ocean science. It was an honor to have you travel all the way here, and we hope to see you again next year. Sincerely, Willard E. Dunham Mayor of Seward, Alaska 123 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 February 10, 2010 Coach Lindsay Butters & Alice Dou-Wang Prince William Sound Science Center P.O. Box 705 Cordova, AK 99574 THIRD PLACE TEAM, NOTORIOUS DAWGSHARKS Dear Ms. Butters and Ms. Dou-Wang; City of Seward, Alaska 1963 1965 2005 All -America City t Thank you very much for participating in the Alaska Tsunami National Ocean Sciences Bowl here in Seward, Alaska. I would like to congratulate you and your Third Place Team, Notorious Dawgsharks. It was an honor to have you here. With climate changes taking place in our great state of Alaska, and around the world, we need the talents of young scholars to move us forward in this fast changing world. Thank you again for your participation and dedication in educating our youth. We hope to see you again next year. Sincerely, Willard E. unham Mayor of Seward, Alaska '6' 4 R February 10, 2010 Coach Chris Backstrum South Anchorage High School 13400 Elmore Road Anchorage, AK 99504 Dear Mr. Backstrum; City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 SECOND PLACE TEAM, TEAM STARFISH City of Seward, Alaska 1963 1965 2005 All -America City r Thank you very much for participating in the Alaska Tsunami National Ocean Sciences Bowl here in Seward, Alaska. I would like to congratulate you and your Second Place Team, Team Starfish. It was an honor to have you here. With climate changes taking place in our great state of Alaska, and around the world, we need the talents of young scholars to move us forward in this fast changing world. Thank you again for your participation and dedication in educating our youth. Hope to see you again next year. Sincerely, Willard E. Dunham Mayor of Seward, Alaska City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 City of Seward, Alaska 1963 1965 ?" All -America City r rive FIRST PLACE TEAM, HOT TROPIC SWARD PERPETUAL fiROPHy, SOALADAOBS ems.. 1 the Alaska Tsunami National Ocean Sciences B owl here in �T ate.you and your First Place Team, Hot Tropic: It was an honor to rt� competing during the final competition in St. Petersburg, Florida in 4 rY e You and your team, Soadaobs f .your school until the next Tsunami Bowlomp competition. e perpetual Mayor's Trophy kplace in ourgreat state of Alaska, and around the u-s°forward in this fast changing world. world, we need the talents of r participation and dedication in educating our youth. Hope to P see you again next L ^ jj2} 'fir.✓ City df Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 February 10, 2010 Carly Casipit Juneau -Douglas High School .10014 Crazy Horse Drive Juneau, AK 99801 Dear Carly; TEAM SOALADAOBS, WINNER OF MAYOR'S TROPHY CRY of Seward, Alaska 1963 1%5 2005 AII•Aftd merica City r Thank you very much for participating in the Alaska Tsunami National Ocean Sciences Bowl here in Seward, Alaska. I would like to congratulate you and your team on winnin the 201 was an. honor to have you here. g 0 Mayor's Trophy. It � pith climate c yosc h ges -faking place in our great state of Alaska, and around the world, we need th ung "o ars to move us forward in this fast changing world. e talents of Thank,you again -for your participation, dedication and for "loving the sea." We hope to Yew'• p see you again next 1 2` 7 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 February 9, 2010 RE: OPPOSITION TO ADOPTION OF ORDINANCE 2009-052 Kenai Peninsula Borough Office of Mayor David R. Carey 144 N. Binkley Soldotna, AK 99669 Honorable Mayor Carey, Borough Assembly Members; City of Seward, Alaska 1963 1965 2005 AIl•America City On February 16, 2010, you will be hearing Kenai Peninsula Borough Ordinance 2009-052 which would allow that area board members be appointed by the Borough Mayor and confirmed by the Borough Assembly instead of by the majority of the remaining service area board members. We wish to send this letter in opposition to this borough code amendment of Title 16, Service Areas. Although we see the reasoning, we feel the importance and power for area boards to be allowed to approve their own members outweighs the borough's desire for uniformity with procedures. In Alaska Statutes 29.20.180, that refers to governing bodies, this gives the authority to appoint qualified people in vacancies to the remaining members. If 2nd class boroughs need voter or property owner approval to form a service area board, it just seems to make sense that a majority of those members should be able to appoint during vacancies to their own boards. Being a home -rule city, we feel our area boards should have the authority to choose their own member's vacancies. In the Seward area, we have three boards affected by this change. The Lowell Point Emergency Service Area Board, the Seward/Bear Creek Flood Service Area Board and the Bear Creek Fire Service Area Board. Every one of these boards held meetings and unanimously opposed this change to the borough code, and would like to remain appointing vacancies by a majority vote of their board. So, for these reasons, the Seward City Council stands united with our local service area boards and adamantly opposes this ordinance change which would take the area board's power to appoint their own members during a vacancy, and give it to the Borough Mayor and Assembly for appointment and approval instead. Thank you for your consideration in this matter. Sincerely, G Mayor Willard E. Dunham and the Seward City Council 1» 8 City of Seward P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038. February 4. 2010 The Honorable Lisa Murkowski United States Senate Washington, D.C. 20510 Dear Senator Murkowski: It is my understanding that the Alaska Seal-ife Center ("ASLC") has submitted a list of projects for Your consideration in the Fiscal Year 2011 appropriation process. I am currently serving as the Mayor of the City of Seward and also sit on the Board of Directors for the ASLC. The ASLC has requested funding for the following projects: (1) research and rehabilitation care for marine mammals under the jurisdiction of NOAA; (2) research and rehabilitation care for marine mammals and seabirds under the jurisdiction of the Fish and Wildlife Service; (3) research relating to the recovery efforts of Steller's and Spectacled Eiders; and (4) a climate change education program. 1 am familiar with these projects and personally support ASLC's efforts to obtain federal funding for each of them. Sincerely, illard E. Dunham, Mayor The City of Seward City of Seward, Alaska,x. Monthly Budget Report (PRELIMINARY) For the Quarter ended December 31, 2009 We are pleased to provide this PRELIMINARY budget report for the quarter ended December, 2009. This data is current as of February 15, 2010, but is subject to change due to closing entries which will impact 2009, as the finance department closes the books and prepares for the annual audit. This preliminary report shows that at the end of 2009, the City of Seward's General Fund experienced a surplus of more than $340,000 excluding the $1.6 million check from the EXXON settlement; this is a significant feat, given the significant adverse impact of reduced tourism and spending, on local governments throughout the nation. Including the settlement check, the surplus increases to just under $2 million. The intent of this report is to provide transparent financial and budgetary information to the public, and to present information in a format that combines narrative and graphical elements, to make it easier to understand. The report includes the following components: 1) the narrative report explains the highlights of financial results for the General Fund; 2) cash balances in all City funds; and 3) risk area assessment. This monthly report includes data for the City's General Fund and the Harbor, SMIC, Electric, Water, Wastewater, and Parking Enterprise Funds. It includes supplemental appropriations made from the General Fund fund balance since the passage of the initial 2009 Budget. We welcome comments from the City Council or the public as to how we may improve this document to make it more useful for timely decision making. The following pages of this report contain information on the major sources of revenue for the General Fund, with a focus on providing historical perspective on the timing of revenues and the City's typical revenue cycle. Revenues are compared on a monthly basis over four years. Revenues are then compared according to major revenue category (taxes, licenses/permits, intergovernmental, charges for services, and miscellaneous) across years, to see whether major revenue sources are increasing or decreasing. And finally, year-to-date revenues are examined to predict whether we can expect to meet budgeted revenue goals. An analysis of expenditures demonstrates the typical pattern of spending during the year. For example, debt service payments are generally made semi-annually (June and October), snow removal costs are higher in the winter, and campgrounds gear up in the Spring. In this analysis, expenditures are compared on a monthly basis, and then by category, showing the trend in costs for each major category (salary, benefits, purchased services, supplies/maintenance, general and administrative, capital and debt, and other). The presentation of this financial information aims to meet the requirements for financial reporting as defined by the Seward City Council in Resolution 2008-59. If you have questions or require additional information, please feel free to contact finance director Kristin Erchinger at (907)224-4064, or by e-mail at kerchinger@cityofseward.net. December 2009 Financials as of 2/15/10 130 12,000 10,000 8,000 0 6,000 4,000 2,000 GENERAL FUND Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 2004 0 2005 0 2006 0 2007 0 2008 0 2009 This graph presents the monthly distribution of all revenues of the General Fund, which includes Taxes, Charges for Services, Intergovernmental, Licenses/Permits, and Miscellaneous. The graph highlights the revenue cycle of the General Fund and demonstrates that the majority of General Fund revenues are collected in the second half of the year. Revenues are higher in 2009 than in 2008 by $534,969, due primarily to the one-time receipt of Exxon Valdez Oil Spill settlement proceeds in the amount of $1,622,052.36. The following graph aggregates revenues into primary categories. This graph reflects revenues through December for the current year and five prior years. General Fund revenues come primarily from Taxes, Charges for Services, and Intergovernmental Revenues, in that order. This graph shows that through December, revenues are higher in 2009 than in the prior year for licenses/permits and miscellaneous revenues, and lower for taxes, intergovernmental revenues, and charges for services. December 2009 Financials as of 2/15/10 2 to "S 6,000 y 5,000 b 4,000 0 H 3,000 2,000 1,000 Graph 3 - Revenue Comparison by Category - Through December Taxes License/Permits Intergovernment Charges for Misc. Services ■ 2003 - 200t ■ 2005 ■ 2006 ■ 2007 0 2008 ■ 2009 Revenues through December are $534,969 higher than the previous year, due in part, to the following: 1) Property tax receipts are $24,679 higher; 2) Sales tax revenues are $520,923 lower; 3) Hotel/motel room tax is $77,970 lower; 4) Licenses and permit fees are $85,010 higher; 5) Intergovernmental revenues are lower than the prior year by $342,184, reflecting last year's receipt of energy relief from the State, which the City will not receive in 2009; 6) Penalties and interest are lower by at least $173,489, although this figure is subject to year-end adjustment as allocations between funds occur; and 7) Miscellaneous revenues are higher by NWAO $1,578,474 due to the one-time Exxon settlement fund receipts. December 2009 Financials as of 2/15/10 1J"2 GENERAL FUND Analysis of Expenditures The graph below depicts the typical spending pattern of the General Fund. Spending in the General Fund is fairly equally distributed across the year, although slightly less in the early months of the year. Expenditures tend to rise toward the summer with the ramping up of campground operations, and then again at year-end due to snow removal operations and in the past two years, due to adjustments made to account for the State's contributions to PERS on behalf of the City. Graph 4 shows that in comparison to the prior year, costs are lower through December than the same period in 2008, by $333,658. This is due, in large part, to the one-time contribution of $500,000 in 2008 to cover hospital shortfalls. In addition, staff made efforts to keep costs down in anticipation of reductions in revenues resulting from the national recession and its adverse impact on local sales tax revenues. Expenditures have especially been reduced in the categories of travel and education ($25,233 lower than 2008), legal ($36,708 lower), contracted services ($124,810), and expenditures for building repairs ($33,246 less), and supplies and equipment ($45,784 lower). Costs were higher in salaries and benefits by $341,165, or 5.6%, due primarily to increased retirement and health insurance costs, and wage increases from a 4.6% cost -of -living adjustment. 12,000 10,000 8,000 - 6,000 4,000 2,000 Graph 4: Expenditure Comparison (by Month) Through December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 13 2004 0 2005 0 2006 0 2007 0 2008 ■ 2009 Graph 5 below shows that compared with 2008, costs are higher in only salary and benefit costs through December, while all other cost categories have lower spending through December than in the prior year. December 2009 Financials as of 2/15/10 4 IJ 4,000 3,500 3,000 c 2,500 H 2,000 1,500 1,000 500 Graph 5 - Expenditure Comparison (by Category) Through December Salaries Benefits Purchased Supplies & General & Capital & Debt Services Maint. Admin. 0 2003 2004 0 2005 ■ 2006 0 2007 0 2008 ■ 2009 Expenditures through December 2009 are $333,658 lower than through December, 2008, despite salaries and benefits being $341,165 higher. Expenditures came in under budget by approximately 4.93%. General Fund revenues ($11,132,355) and transfers -in ($1,787,067.80) total $12,919,422.80. General Fund expenditures ($9,644,995) and transfers -out ($1,312,265.93) total $10,957,260.93. This results in a net surplus or increase to the General Fund fund balance at the end of 2009, of $1,962,161.87. As mentioned previously, most of this surplus is due to the one-time Exxon receipt of $1,622,052.36, but this leaves a remaining surplus not due to the Exxon Settlement Funds, of $340,109.51. Given the significant reduction in sales tax revenue and bed tax revenue during the year, as well as the impact of the recession on cities throughout the nation, Seward has fared very well in 2009. December 2009 Financials as of 2/15/10 134 Dept GL Sub Account Name ---------------- Department: General 0000 4110 0100 Real Property Ta $ 0000 4110 0200 Personl Property 0000 4110 0210 Vehicle Regist. 0000 4120 0100 City Sales Tax 0000 4130 0300 Hotel/Motel Room 0000 4190 0100 Tax Pen/Interest 0000 4230 0100 Taxi Permits 0000 4230 0200 Building Permits 0000 4230 0300 Dog Licenses 0000 4230 0400 DMV- Drivers Lic 0000 4230 0401 DMV - Motor Vehi 0000 4230 0500 Misc Permit 0000 4230 0600 Business License 0000 4330 0175 PILT-AK Sealife 0000 4330 0900 P.I.L.T. - Other 0000 4350 0110 Alaska Liquor Ta 0000 4350 0130 Alaska Raw Fish 0000 4350 0131 Fish Res.Landing 0000 4350 0140 Revenue Sharing- 0000 4350 0150 Safe Communities 0000 4350 0170 Jail Contract 0000 4350 0180 Dispatch Contrac 0000 4350 0190 KPB 911 Dispatch 0000 4350 0192 NPS Dispatch Con 0000 4360 0040 Library Grants 0000 4360 0050 Fire Dept. Grant 0000 4410 0110 Copying Charge 0000 4410 0120 Sales Tax Credit 0000 4410 0300 Zoning Fees 0000 4410 0410 Project Manageme 0000 4410 0470 Admin - SMIC 0000 4410 0500 Admin - Harbor 0000 4410 0501 Admin. - Parking 0000 4410 0510 Admin - Electric 0000 4410 0520 Admin - Water 0000 4410 0530 Admin - Sewer 0000 4410 0560 Admin - Jail 0000 4410 0900 Admin, - Other 0000 4420 0110 Misc. Dog Fees 0000 4420 0250 Misc. Jail Reven 0000 4420 0275 Misc. Police Rev 0000 4420 0400 Misc Dispatching 0000 4430 0150 Shop Dept Work O 0000 4470 0010 P&R: Public Use 0000 4470 0020 P&R: Punchcards 0000 4470 0030 P&R: Class Regis 0000 4470 0040 P&R: Facility Re 0000 4470 0050 P&R: Tournaments 0000 4470 0060 P&R: Special Eve CITY OF SEWARD Monthly Budget Report General Fund Revenue Detail by Line Item 2009 2008 2009 Thru 12/09 Thru 12/08 Variance Budget -------------------- --------- ---------- 705,463 $ 245,603 27,570 3,616,836 284,034 1,546 1,415 99,000 735 23,927 62,509 3,980 23,400 75,831 9,091 19,750 421,405 229,606 449,472 48,500 48,240 16,990 16,840 5,000 265 84,860 83,177 311,666 9,322 812,986 224,280 136,966 75,830 2,465 1,111 921 10,240 2,853 4,618 30,767 71,427 404 3,774 17,972 662,860 $ 263,491 27,606 4,137,758 362,004 1,236 1,400 35,777 785 19,490 49,275 4,269 18,960 80,126 16,600 403,571 175 269,316 378,969 449,472 48,500 48,480 23,608 7,191 15,176 4,000 250 281,804 76,239 285,661 8,082 745,152 205,567 125,538 97,008 20 2,225 790 4,684 10,240 4,315 22,971 70,513 393 8,857 12,571 42,603 $ (17,888) (36) (520,923) (77,970) 310 15 93,223 (50) 4,438 13,233 (289) 4,440 (4,295) 9,091 3,150 17,834 (175) (39,710) (378,969) (240) (6,618) (7,191) 1,664 1,000 15 (196,944) 6,938 26,005 1,240 67,834 18,713 11,428 (21,178) (20) 240 321 (3,764) 2,853 303 7,796 914 11 (5,083) 5,401 650,000 $ 250,000 25,000 4,130,000 375,000 2,000 1,200 75,000 750 28,000 84,673 5,000 21,000 30,000 20,000 360,000 5,000 233,135 450,000 48,500 48,000 2,000 15,000 4,000 500 70,000 83,179 311,668 9,322 812,986 224,280 136,966 75,830 2,000 800 10,000 20,000 4,500 18,000 57,000 300 6,500 14,500 Variance 55,463 (4,397) 2,570 (513,164) (90,966) (454) 215 24,000 (15) (4,073) (22,164) (1,020) 2,400 45,831 9,091 (250) 61,405 (5,000) (3,529) (528) 240 (2,000) 16,990 1,840 1,000 (235) 14,860 (2) (2) 465 311 921 240 (17,148) 118 12,767 14,427 104 (2,726) 3,472 Bud to Act % Change 8.5 k (1.8) 10.3 (12.4) (24.3) (22.7) 17.9 32.0 (2.0) (14.5) (26.2) (20.4) 11.4 152.8 (1.3) 17.1 (100.0) (1.5) (0.1) 0.5 (100.0) 12.3 25.0 (47.0) 21.2 23.3 38.8 2.4 (85.7) 2.6 70.9 25.3 34.6 (41.9) 23.9 CITY OF SEWARD Monthly Budget Report General Fund Revenue Detail by Line Item 2009 2008 2009 Bud to Act Dept GL Sub Account Name Thru 12/09 Thru 12/08 Variance ------------------- Budget Variance --------- % Change ------ ---- 0000 ---- 4470 ---- 0080 ---------------- P&R: Shower Fees ---------- $ 11,816 ---------- $ 12,365 $ (549) $ 13,555 $ (1,739) (12.8)% 0000 4470 0110 P&R: Pavilion Fe 1,474 457 1,017 400 1,074 268.4 0000 4470 0120 P&R: Camping Fee 271,012 261,171 9,842 275,000 (3,988) (1.5) 0000 4470 0121 Mini -Service cam 223,121 228,175 (51054) 238,000. (14,879) (6.3) 0000 4470 0150 P&R: Misc. Incom 548 1,097 (550) 1,500 (952) (63.5) 0000 4470 0160 P&R Work Order R 1,731 4,147 (2,416) 2,500 (769) (30.8) 0000 4490 0100 Library Service 8,559 6,441 2,118 3,500 5,059 144.5 0000 4490 0110 Library Circulat 6,240 6,359 (119) 5,000 1,240 24.8 0600 4510 0000 Fines - General 11,836 18.209 (6,373) 17,000 (5,164) (30.4) 0000 4610 0010 GF Investment In 21,215 206,456 (185,241) 180,000 (158,785) (88.2) 0000 4610 0030 GF Interest on R 3,354 9,556 (6,202) 40,000 (36,646) (91.6) 0000 4610 0120 GF Penalty &Inte 28,796 10,842 17,954 11,000 17,796 161.8 0000 4620 0100 GF Land Rent & L 69,106 52,871 16,235 44,000 25,106 57.1 0000 4620 0160 Jail Facility Re 30,000 6,000 24,000 30,000 - - 0000 4620 0200 Municipal Bldg R 58,715 71,559 (12,844) 48,000 10,715 22.3 0000 4630 PY Legal Recover 1,622,052 - 1,622,052 90,000 1,532,052 1702.3 0000 4640 0100 Surplus Equipmen 5,831 560 5,271 5,000 831 16.6 0000 4680 0100 Federal Project 13,774 175 13,599 7,367 6,408 87.0 0000 4680 0200 State Project Fu 344,413 289,117 55,296 74,906 269,506 359.8 0000 4680 0900 Spec.Proj.Other 840 - 840 15,000 (14,160) (94.4) 0000 4690 0100 Garbage Contract 60,558 62,574 (2,016) 65,000 (4,442) (6.8) 0000 4690 0200 SVAC Maintenance 600 2,400 (11800) 2,400 (11800) (75.0) 0000 4690 0500 City Clerk Fees 96 414 (318) 300 (204) (68.0) 0000 4690 0600 Coll./Doubtful A 3,084 2,829 255 2,000 1,084 54.2 0000 4690 0700 Insurance Recove 396 - 396 - 396 - 0000 4690 0900 Misc Service Fee 89 180 (90) - 89 - 0000 4690 0910 Vending Machine 4,149 4,556 (407) 2,000 2,149 107.5 0000 4880 0490 Misc. Revenue 6,302 45,900 (39,598) 2,500 3,802 152.1 Total Revenues ---------- $ 11,132,355 ---------- $ 10,597,386 --------- $ 534,969 $ ---------- 9,897,517 --------- $ 1,234,838 ------ 12.,5 Ps n City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through December, 100% of year has expired PRELIM THROUGH DECEMBER ------------------------ ---------------- AL Account Name 2008 Actual YTD Budget --------------------- Annual g of 2009 variance Budget variance Budget Annual Bud Salaries Overtime $ 3,160,871 $ 3,366,165 $ 205,295 $ 3,153,237 - $ (298,377) $ 169,616 130,000 (39,618) 3,664,542 91.86 � Standby Time 7,153 153,237 (23,237) 153,237 84.84 Unemployment Wage 17,190 6,560 (593) 7,700 (1,140) 7,700 Leave Time 329,810 24,947 7,758 15,800 9,147 15,800 57.89 157.89 In Lieu of FICA 7,171 338,942 9,132 367,365 (28,423) 367,365 92.26 Retirement Benefi 996,553 6,118 1,091,937 (1,053) 6,914 (79 8848 Health Insurance 891,346 95,384 802,977 288,960 2,9,977 80 35. 99 193.76 Workers' Comp,033) 976,736 85,390 1,041,769 (65 1,041,769 Medicare 146,030 122,904 (23,126) 101,989 20,915 101,989 . 120.51 69,531 72,128 2,597 76,712 (4,584) 76,712 94.02 Total Persnl Sery 5,795,272 6,136,437 341,165 6,239,005 (102,568) 6,239,005 98.36 Audit Advertising 57,000 33,506 60,586 34,974 3,586 59,400 1,186 59,400 102.00 Subscriptions/Due 1,468 38,350 (9,293) 38,460 20 Travel/Subsistent 13,247 19,167 5,920 28,460 (9,293) 28,460 67.35 67.35 Communications 93,649 78,858 (14,790) 117,384 (36,526) 117,384 67,18 Education/Trainin 78,115 81,234 3,119 64,575 16,659 64,575 125.80 Legal 38,300 27,857 (10,443) 54,400 (26,543) 54,400 51.21 162,380 125,672 (36,708) 135,000 (9,328) 135,000 93.09 Other Spec Servic 8,864 16,379 7,515 22,000 (5,621) 22,000 Utilities 330,806 347,769 16,963 349,400 (1,631) 349,400 74.45 Heating Fuel 78,741 45,497 (33,244) 80,750 (35,253) 99.53 Rents & Leases 91,070 91,293 224 80,750 56.34 Insurance 237,277 227,082 (10,194) 99,022 (7,729) 99,022 92.20 Maintenance & Rep 274,967 285,000 254,900 (27,818) 254,900 89.09 Contracted Servic 381,296 10,033 269,555 15,445 269,555 105.73 Library Bks.& Mat 256,486 (124,810) 319,130 (62,644) 319,130 80.37 vehicle Supplies 20,247 26,076 5,829 26,500 (424) 26,500 98.40 Uniform Allowance 4,648 7,229 2,581 7,800 (571) 7,800 92.68 8,762 3,418 (5,343) 6,800 (3,382) 6,800 50.27 Operating Supplie 277,541 263,021 (14,520) 266,550 (3,529) 266,550 Gas & Lube 114,380 76,376 (38,004) 111,800 (35,424) 111,800 98.68 Equip,Furn,Tools 95,512 64,248 (31,264) 94,167 (29,919) 68.31 Safet y E quip/Supp 13,616 10,807 (2,809) 94,167 68.23 Janitorial Suppli 8,336 8,357 26,900 (16,093) 26,900 40.18 Inmate Meals 12,490 9,669 21 8,750 (393) 8,750 95.51 Postage/Misc.Frei 41,823 37,366 (2,821) 13,500 (3,831) 13,500 71.62 Equipment Rental 50,913 (4,457) 37,700 (334) 37,700 99.11 Motor Pool Rent 30,004 (20,908) 58,308 (28,304) 58,308 51.46 Sister City Progr 363,150 3,809 363,150 - 363,150 _ 363,150 100.00 Municipal Lobby F 1,500 (2,309) 4,000 (21500) 4,000 37.50 it contributions 128,647 673,085 136,123 236,301 7,476 147,000 (10,877) 147,000 92.60 fir►' (436,704) 236,381 _ Bad Debt Expense 14,392 1,273 (13,118) 236,381 100.00 Genl Govt Admin F 72,100 75,830 1,000 273 1,000 127.35 Contingency 41,453 3,730 75,830 - 7,0 100.00 8,139 (33,313) 30,000 (21,861) 30,00000 27.13 City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through December, 100t of year has expired PRELIM THROUGH DECEMBER ANAL --------------------- ---------------------------------------------------------------- Actual YTD Budget Annual $ of Account Name 2008 2009 Variance Budget Variance --------- Budget ---------- Annual Bud ------- ----------------- Elections $ -- - ------ 3,278 ---------- $ 2,908 --------- $ (370) ---------- $ 3,500 $ (592) $ 3,500 83.09 Promotion 1,817 4,808 2,991 5,100 (292) 5,100 94.27 Vol Fireman Stipe 17,000 18,000 1,000 18,000 - 18,000 100.00 Bank,credit card 4,280 4,118 (162) 35,700 (31,582) 35,700 11.54 Misc. Expenses 28,458 95,497 67,039 93,470 2,027 93,470 102.17 Principal 98,999 156,323 57,324 156,322 1 156,322 100.00 Interest Expense 93,656 88,130 (5,526) 90,945 (2,815) 90,945 96.90 Buildings 51,409 18,162 (33,246) 5,000 13,162 5,000 363.25 Capital Equipment 51,639 60,016 8,377 83,107 (23,091) 83,107 72.22 Misc. Programs 8,726 3,773 (4,953) --------- 6,162 ---------- (2,389) --------- 6,162 ---------- 61.23 ------- Total Expenses $ ---------- 9,978,653 ---------- $ 9,644,995 $ (333,658) $ 10,144,773 $ (499,77B) $ 10,144,773 95.07 k F5 1318 Im City of Seward FUND; 401 - Small Boat Harbor Enterprise Fund- LineItemItem Revenue Summary by Fund Through December, 100% of year has expired PRELIMINARY - THROUGH DECEMBER -------------- ANNUAL Name 2008 Actual YTD Budget --------------------- Annual � of -_-Account --- 2009 ---------- Variance --------- Budget Variance Budget Annual Bud EF Interest Reven $ 78,391 $ 15,195 $ (63,196) ---------- $ 38,000 _----- " ---------- __ Sales Fixed Asset 71 $ (22,805) $ 38,000 _ 39.99 Special Revenue 91,590 - (71) _ - - Spec Proj Revenue 44,797 49,327 4,529 Other Misc Revenu - 49,327 - - Amortization of C - 546,515 893 653,625 893 11500 (607) 1,500 59 Amort.Bond Premiu 8,375 10, 556,432 97,193 556,432 17.54 117.47 - (8,375375) Transient Moorage 441,814 404,513 (37,301) 402,500 _ Moorage 911,852 1,777,887 866,034 2,013 402,500 100.50 Boat Lift Fees 83,909 921,900 855,987 921,900 192.85 Wharfage 51 729 89,247 5,338 89,250 (3) 89,250 100.00 Land Rents & Leas 342,924 33,766 (17,963) 55,000 (21,234) 55,000 61.39 Labor and Service 7,937 353,511 10,587 343,426 10,085 343,426 102.94 Land Lease Credit (52,128) 8,998 (52,128) 11061 4,500 4,498 4,500 199.95 Misc. Harbor Reve 99,075 101,087 - (51,533) (595) ,450 15) (100.63 Harbor Power Sale 232,243 186,626 2,012 (45,617) 100,450 637 00 100,450 100.63 - ------ ------- 240,000 (53,374) 240,000 77,76 Total Revenue $ $ $ - $ ---------- $ 921,122 $ -2,889,095 =3,622,547 c-733,452 a2,701,425 - -2,701,425-134.10 Account Name Salaries Overtime Standby Time Leave Time In Lieu of FICA Retirement Benefi Health Insurance Workers' Comp Medicare Total Persnl Sery Advertising Subscriptions/Due Travel/Subsistent Communications Education/Trainin Legal Utilities Power for Resale Heating Fuel Insurance Maintenance & Rep Contracted Servic Operating Supplie Gas & Lube Equip,Furn,Tools Safety Equip/Supp Janitorial Suppli Postage/Misc.Frei Equipment Rental Motor Pool Rent Depreciation Expe Bad Debt Expense Harbor Overhead Harbor Allocation P.I.L.T. Reclass PILT to T Bank,credit card Misc. Expenses Principal Interest Expense Amort.BondlssueCo Capital Equipment City of Seward FUND; 401 - Small Boat Harbor Enterprise Fund Line Item Expenditure Summary by Fund Through December, 100% of year has expired PRELIM THROUGH DECEMBER ANAL --------------------- ---------------------------------------------------------------- Actual YTD Budget Annual % of 2008 2009 variance Budget variance Budget ---------- Annual Bud ------- ---------- ---------- $ 421,893 $ 422,183 --------- ---------- $ 291 $ 471,003 $ --------- (48,820) $ 471,003 89.63 4 24,477 17,812 (6,665) 43,761 (25,949) 43,761 40.70 11,507 12,257 750 11,462 795 11,462 106.94 44,192 45,199 1,007 48,504 (3,305) 48,504 93.19 1,862 - (1,862) - - - - 153,519 161,035 7,516 130,706 30,329 130,706 123.20 131,535 155,813 24,278 146,519 9,294 146,519 106.34 41,426 30,631 (10,795) 24,775 5,856 24,775 123.64 8,790 7,555 (1,235) 8,437 (882) 8,437 ---------- 89.54 ------- -------------------- 839,200 852,485 ------------------- 13,285 885,167 --------- (32,682) 885,167 96.31 5,119 3,204 550 650 7,371 7,011 12,091 11,543 2,285 1,949 9,972 34,250 77,210 69,890 147,197 187,645 9,717 6,483 86,205 78,263 61,348 32,453 59,650 81,189 31,836 26,428 25,687 18,487 21,800 7,022 5,315 4,813 7,356 6,473 7,641 5,185 51,043 51,043 1,012,180 1,122,742 2,670 - 1,116,882 1,013,571 (954,715) (6.90,792) 147,859 208,170 (147,859) (208,170) 12,488 13,587 2,686 3,129 - 340,OOD 388,282 312,633 5,929 - - 4,550 (1,914) 5,500 100 1,000 (360) 6,500 (548) 10,000 (336) 7,500 24,278 22,000 (7,320) 83,279 40,449 160,000 (3,234) 10,000 (7,942) 95,221 (28,895) 36,200 21,538 65,400 (5,408) 31,450 (7,200) 18,000 (14,778) 20,000 (502) 5,250 (883) 6,800 (2,456) 10,000 - 2,000 - 51,043 110,561 1,043,963 (2,670) 20,450 (103,311) 1,013,571 263,923 (690,697) 60,311 141,287 (60,311) (141,287) 1,099 14,000 443 2,000 340,000 359,040 (75,649) 366,721 (5,929) - 4,550 - Total Expenses $ 3,054,994 $ 3,605,885 $ 550,891 $ 3,661,358 $ 10 (2,296) 5,500 (350) 1,000 511 6,500 1,543 10,000 (5,551) 7,500 12,250 22,000 (13,389) 83,279 27,645 160,000 (3,517) 10,000 (16,956) 95,221 (3,747) 36,200 15,789 65,400 (5,022) 31,450 487 18,000 (12,978) 20,000 (437) 5,250 (327) 6,800 (4,815) 10,000 (2,000) 2,000 - 51,043 78,779 1,043,963 (20,450) 20,450 - 1,013,571 (95) (690,697) 66,883 141,287 (66,883) (141,287) (413) 14,000 1,129 2,000 (19,040) 359,040 (54,088) 366,721 4,550 - ------- ---------- (55,473) $ 3,661,358 58.26 65.00 107.86 115.43 25.99 155.68 83.92 117.28 64.83 82.19 89.65 124.14 84.03 102.71 35.11 91.68 95.19 51.85 100.00 107.55 100.00 (100.01) 147.34 (147.34) 97.05 156.43 94.70 85.25 98.48 % F5 In City of Seward FUND: 403 - Parking Enterprise Fund Line Item Revenue Summary by Fund Through December, 100% of year has expired PRELIMINARY - THROUGH DECEMBER --------------------------------------- ANNUAL Account Name ZOOB Actual YTD 2009 Budget -------'------------- Annual °s of ' ----- Variance Budget - - --------- Variance Budget Annual Bud Parking Fees $ 240,341 $ ---------- 162,120 $ (78,221) $ 131,450 - -----_ ---------- ------- EF Interest Reven 16,513 $ 10,670 $ 151,450 107.05 4 S Spec: Proj Revenue 11 (16,513) 6,000 (6,000) 6,000 - (11) Total Revenue ----------- $ $ ----- --- ---------- $ $ ------------------- ==`256,865 -162,120 Es(94,744) 6m6157,450 $ ====4,670 $==6157,450 -102.97 t 141 Account Name Salaries Overtime Unemployment wage Leave Time Retirement Benefi Workers' Comp Medicare Total Persnl Sery Advertising Travel/Subsistent Communications Education/Trainin Other Spec Servic utilities Rents & Leases Insurance Maintenance & Rep Contracted Servic Vehicle Supplies Operating Supplie Gas & Lube Equip,Furn,Tools Safety Equip/Supp Postage/Misc.Frei Motor Pool Rent Depreciation Expe Bad Debt Expense Genl Govt Admin F P.I.L.T. Reclass PILT to T Bank,credit card Misc. Expenses Infrastructure Co Capital Equipment city of Seward FUND: 403 - Parking Enterprise Fund Line Item Expenditure Summary by Fund Through December, loot of year has expired PRELIM THROUGH DECEMBER ---------------------------------------------------------------- Actual YTD Budget 2008 2009 Variance Budget Variance --------- ---------- ---------- $ 73,825 $ 75,123 ------------------- $ 1,298 $ 92,317 $ (17,194) $ 265 543 278 - 543 5,443 6,734 1,291 - 6,734 11 17 6 - 17 29 15 (14) - 15 3,435 5,019 1,583 868 4,151 5,662 5,779 117 ---------- 7,062 (1,283) --------- -------------------- 88,671 93,231 --------- 4,560 100,247 (7,016) Total Expenses $ ANNUAL --------------------- Annual % of Budget Annual Bud ---------- ------- 92,317 81.38 % 868 578.20 7,062 81.83 ------- ---------- 100,247 93.00 _ 79 79 1,500 (1,421) 1,500 5.28 _ - - 1,500 (11500) 1,500 - 827 1,163 336 900 263 900 129.24 _ _ - 1,000 (1,000) 1,000 - - - - 11500 (11500) 1,500 - 309 541 232 400 141 400 135.17 _ _ - 1,000 (11000) 1,000 - 3,486 3,148 (338) 3,500 (352) 3,500 89.95 1,058 2,314 1,256 5,000 (2,686) 5,000 46.28 - 1,927 1,927 - 1,927 - - - 34 34 500 (466) 500 6.81 4,930 2,933 (1,997) 7,000 (4,067) 7,000 41.90 2,244 1,759 (485) 2,000 (241) 2,000 87.95 _ _ _ 225 (225) 225 - 995 314 (681) 250 64 250 125.60 214 600 386 850 (250) 850 70.60 13,000 13,000 - 13,000 - 13,000 100.00 6,208 4,994 (1,214) 6,000 (1,006) 6,000 83.23 15 - (15) - - - - 8,082 9,322 1,240 9,322 - 9,322 100.00 19,227 12,970 (6,258) 20,496 (7,526) 20,496 63.28 (19,227) (12,970) 6,258 (20,496) 7,526 (20,496) (63.28) 16 51 35 25 26 25 204.32 _ _ - 200 (200) 200 - _ - - 250,000 (250,000) 250,000 - - 60,506 60,506 118,693 (58,187) ---------- 118,693 50.98 ------- ---------- ---------- 130,055 $ --------- 195,916 $ ---------- 65,861 $ 524,612 $ --------- (328,696) $ 524,612 37.34 % In City of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Revenue Summary by Fund Through December, 100t of year has expired PRELIMINARY ------------------------------------------ - THROUGH DECEMBER Account Name 2008 Actual YTD Budget ----- 2009 ---------- Variance Budget Variance F Interest Reven $ 7,773 $ - $ --------- (7,773) ---------- $ Sales Fixed Asset _ $ _ Spec Proj Revenue 2,892 2,892 _ Amortization of C 523,543 523,543 _ 2,892 Moorage - 523,543 Boat Lift Fees 704 2,678 1,975 4,125 (1,447) 118,352 96,306 (22,045) 110,000 (13,694) Storage Fees 81,059 264,095 183,037 100,000 164,095 Wharfage 2,590 9,718 7,128 4,250 Land Rents & Leas 71,084 71,211 128 5,468 Labor and Service 1,489 72,669 (1,458) Misc. Harbor Reve 2,BS6 218 (1,271) 1,000 (783) 414 (2,472) - 414 Harbor Power Sale 24,779 27,121 2,342 20,000 --------- 7,121 Total Revenue $ 838,723 $ --------- 998,196 $ 159,473 $ 835,587 $ 162,609 $ 143 ANNUAL --------------------- Annual 's of Budget Annual Bud 523,543 100.00 4,125 64.93 110,000 87.55 100,000 264.10 4,250 228.65 72,669 97.99 11000 21.75 20,000 135.60 835,587 119.46 z City of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Expenditure Summary by Fund Through December, 100% of year has expired PRELIM THROUGH DECEMBER ANNUAL ---------------------------------------------------------------- Actual YTD --------------------- Budget Annual % of Account Name 2008 2009 Variance Budget Variance ---------- Budget Annual Bud ------- ----------------- Salaries $ ---------- 54,183 $ ---------- 62,192 --------- $ 8,010 $ ---------- 66,479 --------- $ (4,287) $ 66,479 93.55 0 Overtime 4,592 1,754 (2,838) 5,426 (3,672) 5,426 32.32 Standby Time 74 - (74) - - - - Leave Time 5,536 6,349 813 7,078 (729) 7,078 89.70 Retirement Benefi 9,954 9,787 (166) 5,147 4,640 5,147 190.16 Health Insurance 27,500 754 (16,746) 21,384 (20,630) 21,384 3.52 Workers, Comp 4,540 5,443 902 4,561 882 4,561 119.34 Medicare 858 927 69 1,162 (235) 1,162 79.78 Total Persnl Sery ---------- 97,237 ---------- 87,206 --------- (10,031) ---------- 111,237 --------- (24,031) ---------- 111,237 ------- 78.40 Communications - 1,420 1,420 - 1,420 - - Legal 33,827 26,635 (7,192) 10,000 16,635 10,000 266.35 Other Spec Servic - 1,313 1,313 - 1,313 - - Utilities 9,776 9,755 (21) 11,000 (1,245) 11,000 88.68 Power for Resale 25,034 29,551 4,517 30,000 (449) 30,000 98.50 Heating Fuel 7,093 1,418 (5,675) 10,000 (8,582) 10,000 14.18 Insurance 14,963 12,975 (1,988) 17,800 (4,825) 17,800 72.89 Maintenance & Rep 27,299 45,042 17,743 44,000 1,042 44,000 102.37 Contracted Servic 25,998 32,155 6,157 42,000 (9,845) 42,000 76.56 Operating Supplie 1,573 5,625 4,052 5,500 125 5,500 102.27 Gas & Lube 9,202 4,938 (4,263) 8,000 (3,062) 8,000 61.73 Equip,Furn,Tools 50 1,411 1,360 2,500 (1,089) 2,500 56.42 Postage/Misc.Frei 1,228 1,692 463 6,000 (4,308) 6,000 28.19 Depreciation Expe 642,634 642,521 (114) 642,010 511 642,010 100.08 Harbor Overhead 323,450 189,886 (133,564) 189,886 - 189,886 100.00 Harbor Allocation (123,717) (117,822) 5,895 (117,822) - (117,822) (100.00) P.I.L.T. 18,549 32,044 13,495 19,150 12,894 19,150 167.33 Reclass PILT to T (18,549) (32,044) (13,495) (19,150) (12,894) (19,150) (167.33) Misc. Expenses 47,217 5,583 (41,634) - 5,583 - - Principal - 55,094 55,094 55,094 - 55,094 100.00 Interest Expense 6,589 4,924 (1,665) 5,372 (448) 5,372 91.66 AmortDefLoss93Bon - - - 38,425 (38,425) 38,425 - Amort.BondIssueCo - - - 2,410 (2,410) 2,410 - Buildings - 3,240 3,240 - 3,240 - - Total Expenses $ ---------- 1,149,452 $ ---------- 1,044,561 --------- $ (104,891) $ ---------- 1,113,412 --------- $ (68,851) $ ---------- 1,113,412 ------- 93.82 % Im CITY OF SEWARD Monthly Budget Report Electric Fund Revenue Detail by Line Item 2009 2008 Dept GL Sub Account Name Thru 12/09 Thru 12/08 ------------ -------------------- Department: General 0000 4180 0200 Assessment Inter $ 3,218 $ 3,940 0000 4600 0010 EF Investmnt Int - 218,133 0000 4600 0030 EF Repo Interest _ 12,940 0000 4600 0120 EF Penalties/Int 36,296 40,285 0000 4640 0100 Surplus Equipmen - 0000 4675 Special Revenue 31115 _ 12,298 0000 4680 0200 State Project Fu 19,634 16,731 0000 4690 0600 C011./Doubtful A 0000 4700 0000 Amort of CIA -Gen - 855,565 177 837,189 0000 4710 Amort.Bond Premi 8,366 8,366 0000 4801 0000 Residential 2,831,034 2,670,579 0000 4802 0000 SG Service 1,445,536 1,365,748 0000 4803 0000 LG Service 3,237,743 3,305,699 0000 4805 0000 Industrial Sales 1,062,875 800,879 0000 4806 0000 Harbor Fund Powe 293,913 196,318 0000 4807 0000 Street & Yard 66,422 66,060 0000 4825 Chugach Coop Div 56,128 63,039 0000 4880 0420 Turn on Fees 11,650 14,325 0000 4880 0430 Work Order Reven 20,228 27,052 0000 4880 0470 Equipment Rental 19,232 22,121 0000 4880 0480 Joint Pole Use 10,008 22,020 0000 4880 0490 Misc. Revenue _ 7,403 ---------- ---------- Total Revenues $ 9,977,746 $ 9,714,417 $ 2009 Bud to Act Variance Budget Variance % Change S (723) $ 2,643 $ 575 21.8 $ (218,133) 150,000 (150,000) (100.0) (12,940) 30,000 (30,000) (100.0) (4,090) 30,000 61196 20.7 (3,115) - (12,298) _ 2,902 - 19,634 - (177) _ _ 18,376 836,957 18,608 2.2 - 8,366 _ _ 160,455 2,886,924 (55,890) (1.9) 79,788 1,546,632 (101,096) (6.5) (67,957) 3,546,939 (309,196) (8.7) 261,996 812,659 250,216 30.8 97,594 244,000 49,913 20.5 362 74,000 (7,578) (10.2) (6,911) - 56,128 (2,675) 20,000 (8,350) (41.6) (6,824) 45,000 (24,772) (55.0) (2,889) 20,000 (768) (3.8) (12,012) 10,500 (492) (4.7) (7,403) _ _ 263,329 $ 10,264,620 $ (286,874) (2.8)% 1.45 City of Seward FUND: 501 - Electric Fund Line Item Expenditure Summary by Fund Through December, loot of year has expired PRELIM THROUGH DECEMBER ---------------------------------------------------------------- Actual YTD Budget Account Name 2008 2009 variance Budget variance ----------------- Salaries $ ---------- 597,506 $ ---------- 619,665 $ --------- 22,159 $ ---------- 742,889 $ --------- (123,224) $ Overtime 76,572 80,155 3,583 47,257 32,898 Standby Time 80,003 75,207 (4,796) 77,652 (2,445) Electric Meal All 3,327 4,098 771 3,645 453 Unemployment Wage 1,805 4,043 2,238 - 4,043 Leave Time 53,917 58,316 4,399 70,998 (12,682) Retirement Benefi 141,577 129,993 (11,585) 130,898 (905) Health Insurance 131,499 135,711 4,212 145,152 (9,441) Workers' Comp 77,284 63,694 (13,590) 56,439 7,255 Medicare 22,032 13,019 (9,013) 13,967 (948) Union Benefits 19,865 16,881 (2,984) 20,000 (3,119) Sal.& Ben.w/o cre (168,164) (114,916) 53,248 (200,000) 85,084 Total Persnl Sery ---------- 1,037,224 ---------- 1,085,866 --------- 48,642 ---------- 1,108,897 --------- (23,031) ANNUAL --------------------- Annual 4 of Budget Annual Bud ----------------- 742,889 83.41 47,257 169.62 77,652 96.85 3,645 112.43 70,998 130,898 145,152 56,439 13,967 20,000 (200,000) 1,108,897 Advertising 2,611 1,322 (1,289) 2,500 (1,178) 2,500 Subscriptions/Due 26,982 26,387 (594) 29,023 (2,636) 29,023 Travel/Subsistenc 68,796 38,150 (30,646) 80,'500 (42,350) 80,500 Communications 13,984 41,325 27,341 55,000 (13,675) 55,000 Education/Trainin 12,255 3,157 (9,097) 25,750 (22,593) 25,750 Legal 41,586 21,722 (19,864) 56,000 (34,278) 56,000 Other Spec Servic 18,575 10,000 (8,575) 15,000 (5,000) 15,000 Utilities 45,623 22,229 (23,394) 61,880 (39,651) 61,880 Power for Resale 4,414,335 5,514,338 1,100,003 4,700,000 814,338 4,700,000 Heating Fuel 5,011 9,167 4,156 9,682 (515) 9,682 Fuel for Generato 37,416 33,645 (3,771) 45,000 (11,355) 45,000 Rents & Leases 28,984 44,772 15,788 56,550 (11,778) 56,550 Insurance 70,346 68,518 (1,827) 69,720 (1,202) 69,720 Maintenance & Rep 49,239 161,445 112,206 143,750 17,695 143,750 Contracted Servic 99,877 121,354 21,477 159,300 (37,946) 159,300 Vehicle Supplies 2,100 8,321 6,221 1,500 6,821 1,500 operating Supplie 296,959 328,115 31,156 330,800 (2,685) 330,800 Oper.Supp.w/o cre (143,010) (112,418) 30,592 (220,000) 107,582 (220,000) Gas & Lube 33,881 31,260 (2,621) 34,880 (3,620) 34,880 Testing - - - 5,150 (5,150) 5,150 Equip,Furn,Tools 10,573 28,142 17,569 33,500 (5,358) 33,500 Safety Equip/Supp 2,567 2,491 (76) - 2,491 - Postage/Misc.Frei 20,271 32,132 11,862 22,550 9,582 22,550 Equipment Rental 3,750 5,665 1,915 18,500 (12,835) 18,500 Motor Pool Rent 77,000 77,000 - 77,000 - 77,000 Util. Deposit Int 1,340 1,393 53 1,200 193 1,200 Depreciation Expe 1,391,915 1,414,379 22,464 1,384,464 29,915 1,384,464 Bad Debt Expense 20,077 15,035 (5,042) 23,000 (7,965) 23,000 Genl Govt Admin F 745,152 812,986 67,834 812,986 - 812,986 P.I.L.T. 679,082 722,218 43,136 724,916 (2,698) 724,916 82.14 99.31 93.50 112.85 93.21 84.40 (57.46) 97.92 52.87 90.92 47.39 75.14 12.26 38.79 66.67 35.92 117.33 94.98 74.77 79.17 98.28 112.31 76.18 554.73 99.19 (51.10) 89.62 84.01 142.49 30.62 100.00 116.10 102.16 65.37 100.00 99.63 City of Seward FUND: 501 - Electric Fund Line Item Expenditure Summary by Fund Through December, 100% of year has expired PRELIM THROUGH DECEMBER ---------------------------- ANNUAL Account Name 2008 Actual YTD Budget --------------------- Annual % of 2009 ------- Variance --------- Budget Variance Budget Annual Bud PILT to T $ (679,082) $ (722,218) $ (43,136) $ ---------- (724,916) $ --------- 2,698 ---------- _ _Reclass Bank,credit card 22,717 27,036 $ (724,916) (99 63)% Misc. Expenses 13,309 4,319 25,000 2,036 25,000 108.14 Principal 78,319 65,010 43,950 34,369 43,950 178.20 Interest Expense - 200,488 305,000 305,000 305,000 - 305,000 100.00 Amort.BondIssueCc 372,259 171,770 367,024 5,235 367,024 101.43 Loss on Fixed Ass 8,425 10,872 8,425 _ 3,521 4,904 3,521 239.28 - (10,872) _ Capital Equipment - 109,227 109,227 _ 109,227 Total Expenses $ $ 10,748,165 $ 2,056,934 $ $ $ c8,691,231 @9,888,577 -859,588 =9,888,$77 -108.69 147 City of Seward FUND: 701 - Water Enterprise Fund Line Item Revenue Summary by Fund Through December, 1000 of year has expired PRELIMINARY - THROUGH DECEMBER ANNUAL ---------------------------------------------------------------- Actual YTD Budget --------------------- Annual % of Account Name 2008 2009 variance Budget Variance Budget Annual Bud ----------------- EF Interest Reven ---------- $ 113,714 ---------- $ 22,804 $ --------- (90,909) ---------- $ 105,000 --------- $ (82,196) $ ---------- 105,000 ------- 21.72 Special Revenue 16,527 - (16,527) - - - - Spec Proj Revenue 12,362 14,501 2,139 - 14,501 - - Other Misc Revenu - 555 555 - 555 - - Amortiaation of C 32,033 34,800 2,767 32,033 2,767 32,033 108.64 Residential Sales 358,347 359,181 834 370,000 (10,819) 370,000 97.08 SG Service 104,193 124,947 20,754 110,000 14,947 110,000 113.59 LG Service Sales 159,245 156,038 (3,207) 188,484 (32,446) 188,484 82.79 SMIC Sales 64,015 51,795 (12,220) 74,000 (22,205) 74,000 69.99 Industrial Sales 145,267 119,711 (25,576) 160,000 (40,289) 160,000 74.82 Ship Water 106,614 81,390 (25,224) 92,000 (10,610) 92,000 88.47 Misc. Operating R 60,838 78,600 17,762 62,200 16,400 62,200 126.37 Total Revenue ---------- $ 1,173,174 ---------- $ 1,044,323 $ --------- (128,851) ---------- $ 1,193,717 --------- $ (149,394) $ ---------- 1,193,717 ------- 87.48 k R n 148 City of Seward FUND: 701 - Water Enterprise Fund Line Item Expenditure Summary by Fund Through December, 100% of year has expired -------------------------------------------------------- PRELIM THROUGH DECEMBER Actual YTD Budget Account Name 2008 2009 Variance Budget Variance Salaries $ 128,066 $ 138,596 $ --------- 10,530 $ 154,510 $ (15,914) $ Overtime 18,996 8,604 (10,392) 3,943 4,661 Standby Time 6,525 6,909 384 9,457 (2,548) Leave Time 14,887 16,229 1,342 18,750 (2,521) In Lieu of FICA 494 494 - 494 - Retirement Benefi 44,136 45,574 1,438 39,111 6,463 Health Insurance 32,606 28,905 (3,702) 43,884 (14,979) Workers' Comp 91959 8,263 (1,695) 8,760 (497) Medicare 2,220 -- ---------- 2,329 109 2,218 ill Total Persnl Sery 257,890 255,902 ------------------- (11988) 281,127 --------- (25,225) Advertising Subscriptions/Due Travel/Subsistenc Communications Education/Trainin Legal Utilities Heating Fuel Insurance Maintenance & Rep Contracted Servic Operating Supplie Gas & Lube Testing Equip,Furn,Tools Safety Equip/Supp Postage/Misc.Frei Equipment Rental Motor Pool Rent Depreciation Expe Bad Debt Expense Genl Govt Admin F P.I.L.T. Reclass PILT to T Bank,credit card Misc. Expenses Principal Interest Expense Infrastructure Co Capital Equipment Total Expenses $ 180 224,308 205,567 1,115 935 11000 115 726 486 (240) 11500 (1,014) 6,255 1,427 (4,828) 4,000 (2,573) 6,535 6,758 223 61500 258 600 970 370 4,500 (3,530) - 53 53 5,000 (4,948) 132,901 114,624 (18,277) 155,000 (40,376) - - - 1,000 (11000) 5,785 5,534 (252) 10,000 (4,466) 62,074 52,381 (9,692) 55,000 (2,619) 45,894 48,167 2,272 220,000 (171,833) 19,807 15,014 (4,793) 19,000 (3,986) 7,188 8,281 1,093 61600 1,681 8,067 51090 (2,977) 7,000 (1,910) 11,340 5,133 (6,206) 8,000 (2,867) 1,773 1,007 (766) 2,500 (1,493) 6,029 5,172 (857) 51000 172 1,075 4,750 3,675 1,000 3,750 4,000 4,000 - 4,000 214,909 (9,399) 212,142 427 79,883 79,883) 2,523 837 2,372 224,280 (77,743) 2,984 1,994 --------------------- 1,086,196 (96,637) $ 1,490,139 E� (73,937) 81,094 989,559 149 2,767 372 327 (16) 494 (129,356) (327) (114,a71) (40,000) (500,580) $ ANNUAL Annual V of Budget Annual Bud 154,510 69.70 t 3,943 218.20 9,457 73.06 18,750 86.55 494 99.95 39,111 116.53 43,884 65.87 8,760 94.33 2,218 104.99 ----------------- 281,127 91.03 1,000 111.51 1,500 32.40 4,000 35.67 6,500 103.97 4,500 21.56 5,000 1.05 155,000 73.95 11000 _ 10,000 55.34 55,000 95.24 220,000 21.89 19,000 79.02 6,600 125.47 7,000 72,71 8,000 64.17 2,500 40.26 51000 103.44 11000 475.00 4,000 100.00 212,142 101.30 2,000 118.60 224,260 100.00 78,070 99.56 (78,070) (99.58) 3,000 99.46 1,500 132.93 114,071 - 55,419 (133.42) 40,000 _ 40,000 202.74 1,490,139 66.41 $ City of Seward FUND: 703 - wastewater Enterprise Fund Line Item Revenue Summary by Fund Through December, loot of year has expired ---------------------------------------------------------------- PRELIMINARY - THROUGH DECEMBER ANNUAL Actual YTD Budget --------------------- Annual % of Account Name ----------------- 2008 ---------- 2009 Variance Budget Variance Budget Annual Bud EF Interest Reven $ 26,577 ---------- $ 2,652 $ --------- (23,925) ---------- $ 30,000 --------- $ (27,349) $ ---------- 30,000 ------- 8.84 % Special Revenue 19,537 - (19,537) - - - - Spec Proj Revenue 11,980 12,464 484 - 12,464 - - Amortization of C 215,801 219,722 3,922 214,611 5,111 214,611 102.38 Residential Sales 442,269 445,190 2,921 430,000 15,190 430,000 103.53 SG Service 110,287 107,520 (2,768) 108,000 (480) 108,000 99.56 LG Service Sales 179,035 179,191 156 195,000 (15,809) 195,000 91.89 SMIC Sales 49,878 40,898 (8,980) 56,000 (15,102) 56,000 73.03 Misc. Operating R 19,622 ---------- 7,016 (12,606) 2,500 4,516 2,500 280.65 Total Revenue $ 1,074,986 ---------- $ 1,014,653 $ --------- (60,333) ---------- $ 1,036,111 --------- $ (21,458) $ ---------- 1,036,111 ------- 97.93 % Account Name Salaries Overtime Standby Time Leave Time In Lieu of FICA Retirement Benefi Health Insurance Workers' Comp Medicare Total Persnl Sery Advertising Subscriptions/Due Travel/Subsistenc q Communications �r Education/Trainin Legal Utilities Heating Fuel Rents & Leases Insurance Maintenance & Rep Contracted Servic Library Bks.& Mat Operating Supplie Gas & Lube Testing Equip,Furn,Tools Safety Equip/Supp Postage/Misc.Frei Equipment Rental Motor Pool Rent Depreciation Expe Bad Debt Expense Genl Govt Admin F P.I.L.T. Reclass PILT to T Bank,credit card Misc. Expenses Principal Interest Expense Infrastructure Co Capital Equipment City of Seward FUND: 703 - Wastewater Enterprise Fund Line Item Expenditure Summary by Fund Through December, 100tc of year has expired -------------------------------------------------------------- PRELIM THROUGH DECEMBER Actual YTD Budget 2008 2009 Variance Budget Variance $ 124,456 $ 120,650 $ (3,807) $ 109,280 $ 11,370 7,129 8,641 1,512 2,808 5,833 6,525 6,909 384 5,750 11159 14,625 13,237 (1,387) 13,270 (33) 494 42,017 30,336 8,862 2,046 236,489 2,696 596 4,840 91,453 1,400 7,370 74,876 27,357 6,664 7,188 7,980 4,172 1,581 4,516 1,075 4,000 275,746 1,313 125,538 64,087 (64,087) 2,983 10,050 5,054 Total Expenses $ 904,935 $ 494 - 494 39,086 (2,931) 27,493 28,905 (1,431) 28,620 7,178 (1,684) 10,233 2,186 ---------- 140 --------- 1,452 227,285 (9,204) ---------- 199,400 - - 500 146 (21549) 1,200 1,218 622 2,500 5,374 535 4,500 325 325 3,000 53 53 5,000 107,809 16,356 105,000 5,251 3,852 1,500 - - 500 7,501 130 8,500 24,517 (50,360) 79,500 46,709 19,353 341,000 13 13 - 9,025 2,361 19,000 9,509 2,321 6,750 11,845 3,865 17,000 5,234 1,062 6,000 11186 (395) 1,000 3,974 (542) 5,500 4,750 3,675 4,000 4,000 - 4,000 280,429 4,683 277,289 2,954 1,641 1,300 136,966 11,428 136,966 62,385 (1,702) 63,320 (62,385) 1,702 (63,320) 3,117 134 31000 2,443 (7,607) 11000 57,571 57,571 57,571 4,411 (644) 4,466 212,500 212,500 20,000 2.4,990 24,990 40,000 1,201,104 $ 296,169 $ 1,356,939 $ .y 11,593 285 (3,055) 734 27,885 (500) (1,054) (1,282) 874 (2,675) (4,948) 2,809 3,751 (500) (999) (54,983) (294,291) 13 (9,975) 2,759 (5,155) (766) 186 (1,526) 750 3,143 1,654 (935) 935 117 1,443 (55) 192,500 (15,010) (155,835) $ ANNUAL --------------------- Annual t; of Budget Annual Bud $ 109,280 110.40 %- 2,808 307.74 5,750 120.16 13,270 99.75 494 99.95 27,493 142.17 28,620 100.99 10,233 70.14 1,452 150.55 ---------- ----�--- 199,400 113.98 500 - 1,200 12.20 2,500 48.72 4,500 119.43 3,000 10.83 5,000 1.05 105,000 102.67 11500 350.08 S00 - 8,500 88.25 79,500 30.84 341,000 13.70 19,000 47.50 6,750 140.88 17,000 69.67 6,000 87.24 1,000 118.61 51500 72.25 4,000 119.75 4,000 100.00 277,286 101.13 1,300 227.21 136,966 100.00 63,320 98.52 (63,320) (98.52) 3,000 103.89 11000 244.34 57,571 100.00 4,466 98.76 20,000 1062.50 40,000 62.48 1,356,939 88.52 $ Pr1tJj,1iAA1r5 12/0 M CASH BALMGF-5 ALL FUN05 P ALSO ALS 15-Feb-10 07:32 PM R City of Seward Audit Lead Sheet as of FUND: 001 - Central Treasury Adj Entry Reclas Sub Last Year This Year This Year Debit/ Adjusted Debit GL ----- Acct ----- Description -------------------- Balance ------------- Budget ---------- Balance ------------- Credit Balance Credi ------- --------- ------ ASSETS: 1020 Cash- Treasury $ 1,146,215.54 $ - $ 3,814,139.35 $ - $ - $ _ 1021 0000 Non -designated - - 516,842.00 - - - 1030 0010 Investments 38,175,964.31 - 15,914,270.12 - - - 1300 0101 General Fund (4,977,778.04) - (6,244,636.29) - - _ 1300 0102 Motor Pool Fund (1,103,582.30) - (1,204,535.48) - - - 1300 0103 Capital Acquistion (160,993.89) (251,527.89) - - _ 1300 0104 Compensated Leave (376,604.58) - (376,604.58) - - - 1300 0203 St. & Sidewalk Bond (11,236.12) - (11,236.12) - - _ 1300 02e8 Lawing/Ft.Ray.T-Line (630,640.10) - (630,640.10) - - - 1300 0215 ALPAR - - (445.54) - - - 1300 0220 Two Lakes Park (2,520.19) - (2,520.19) - - 1300 0271 FY97 Muni Grants - - 77,286.09 - - 1300 0274 Sm Boat Harbor Exp (417,153.99) - (291,468.30) - - - 1300 0276 B Street Dock - - 99,832.27 - - _ 1300 0283 Campground Imprvmnts - - 492.61 - - _ 1300 0315 SBH Repair/Renovate (92,375.99) - (11,537.41) - - - 1300 0401 Harbor Fund (1,169,083.24) - (174,114.45) - - - 1300 0402 Harbor MRRF Fund (353,852.50) - (573,239.45) - - - 1300 0403 Parking Revenue Fund (430,786.46) - (392,622.68) - - - 1300 0417 SMIC Operations (126,456.90) - (246,249.82) - - _ 1300 0501 Electric Fund (3,103,126.09) - (1,149,664.33) - - _ 1300 0502 Electric MRRF (838,105.41) - (874,233.74) - - - 1300 0505 Stndby Elec Generatr (5,505,445.73) - (2,354,246.65) - - _ 1300 0600 Fourth & Adams Park (8,523.98) - (8,523.98) - - - 1300 0651 Police Cap. Projects 39,831.50 - 529.96 - - _ 1300 0660 - - 1,913.50 - - _ 1300 0666 NCRS Flood Mitigate 63,189.98 - 136,350.99 - - - 1300 0668 Networking, Web Page (396,661.42) - (75,340.78) - 1300 0670 Hospital Grants (16,074,163.58) - (530,150.63) - - - 1300 0700 Water MRRF (4,019.00) - (4,019.00) - - - 1300 0701 Water Fund (1,320,496.61) - (1,486,128.12) - 1300 0702 Wastewater MRRF (163,938.31) - (163,938.31) - - - 1300 0703 Wastewater Ent. Fund (356,103.76) - (134,526.12) 1300 0704 Forest Acres/Gateway (29,422.62) - (30,662.62) - - - 1300 0706 B/U Gen & Lift Sta#3 (43,621.54) - (23,882.01) - - _ 1300 0708 Fire Hydrant Phase 2 (61,912.00) - (61,912.00) - - - 1300 0710 Water Source Study 33,374.26 - 10,418.41 - - 1300 0713 3rd Ave Water Main (45,000.27) - (45,000.27) - - 1300 0801 Hospital Debt Svc. (1,063,260.23) - (436,440.88) - - 1300 0804 Teen Council Fund (34,944.50) - (39,560.23) - - _ 1300 0806 Harbor Revenue Bond (556,957,06) - (1,074,950.20) - - _ 1300 0810 Hoben Park (18,449.79) - (18,124.79) - - - 152 ALSO ALS 15-Feb-10 07:32 PM City of Seward Audit Lead Sheet as of FUND: 001 - Central Treasury Adj Entry Sub Last Year This Year This Year Debit/ GL Acet Description ----------------------------- Balance Budget Balance Credit 1300 0811 Parks Capital Projec $ (91929.14) ---------- ------------- $ - $ (7,293.15) $ ------- - $ 1300 0826 Library S.R.Projects (3,000.03) - 21,683.30 - 1300 0851 Fire Dept. Grants - - 1,274.84 - 1300 0866 Natural Disasters ------------- 23,694.01 - 48,810.78 - (7,995.77) ----------------------- - 1,713,928.11 ------- - 1 Reclas Adjusted Debit Balance Credi DRA1r'1' CITY OF SEWARD FINANCIAL RISK -AREA ASSESSMENT Note: This is a work -in -progress, in draft form only, and should not be considered complete; 2115110 Risk Corrective Priority Description - General Fund Goal Status Scorecard Action Suggestions Utilize one-time revenues to build reserves; halt addifl appropriations; 1 General Fund reserves 3-6 month reserves ($2.75 - $5.5 million) Reserves est. $3.5 million; within band develop plan to rebuild reserves Appropriations not covered by grants included S30K floor repairs, 2 Unbudgeted supplemental appropriations $0 $204,692 not covered by grants S124,692 sand shed rebuild, S25K Tiger grant P.v did superj.b in 2009, limitbrg losses which were expected in excess 3 Hospital losses Expected > $100,000 month Loss equals $116,000 at 11/09 for 2009 — of 51.5 million 4 Revenue projections Failure to increasesales tax cap had adverse impact of $70,000; revenues Budget anticipated increase insales tax cap to $I 000 nave in less than 2008 by $520,923 (prelim) and under budget by Sales tax $ 4,130,000 but also anticipated cap remains at $500 for rent -• 1 }} / , �; $513,164. PILT from enterprise funds On track Failed to meet budget by 590,966; under prim year by t Hotel tax $ 375,000 $77,970. Revenue sharing $ - Came in am budget and prior year Property tax On track; slightly above budget Receipt of $1,622,052.36 from Oil Spill setflement, punitive damages Unbudgeted/unanticipated revenues Exxon Oil Spill settlement proceeds interest. r +: Develop Infrastructure Condition and Replacement Plan, with a plan for 5 Adequate R&M funding Continuing to defer maintenance funding Used one-time revenuesharing to tu 6 Funding of capital improvement plan capital improvement plan Need to develop dedicated revenue source fm C@ 7 Depreciation reserves to replace infrastructure None Motor flool reserves being built; w; +�^ 7 General Fund repay S 1.25 million loan quicker, policy of not raiding 8 Motor Pool reserves Replacement Plan completed in 2009 ; t p , I ' this fund; better education Develop strategy to build reserves in order to reduce deductible, reduce 9 Insurance reserves $ 126,418 premlmas Expenditures tor 2UU9came m un er Reward departments for fiscal constraint by developing policy to transfer 10 Expenditures within budget budget by nearly $500K (prelimin) surplus to depreciation, reserve find Met targeuten us 11 Hospital debt service reserves $ 950,000 shortfall; balance 12/31/09 $436K — a $500K reserves used sewer 2007-2009 hospital losses 12 Future financial threats PERS cost increases State legislature has passed Bill to cover above 22%. Develop strategy to ensure long-term fire ncial viability of Alaska Sealife ASLC reserve levels and operational shortfalls Curter, including adequate reserve levels 13 Prioritized un-funded requirements 14 hiadequate depreciation reserve funds for Enterprise Funds Need to follow City's policy of funding reserves Electric bonds will impact ability to fund t4; 4 a �i Completed rate review for enterprise funds, and 15 Enterprise Fund financial condition infrastructure replacement in future. - infrastructure condition assessments in 2009 C l C 12/14/2009 3:26 PM Run Date - 12/14/09 @ 3:26 PM Providence Health & Services DET OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of November 2009 % Variance % Variance Last Year % Variance Actual MTD Budget MTD MTD Actual YTD Budget YTD YTD Actual YTD YTD Gross Service Revenues: 46 62 (25.8%) Acute Care -Inpatient 1,276 689 85.2% 781 63.4% 391 389 0.5% Acute Care -Outpatient 5,571 5,416 2.9% 5,189 7.4% 121 118 2.5% Primary Care 1,447 1,300 11.3% 1,390 4.1% 659 523 26.0% Long-term Care 6,016 5,818 3.4% 5,455 10.3% - 16 - Homecare & Hospice (21) 178 (111.8%) 143 (114.7%) - - - Housing & Assist. Living - - - - - 1,217 1,108 9.8% Total Gross Service Revenues 14,289 13 1 6.6% 12,958 10.3% Revenue Deductions: 22 23 (4.3%) Charity Care 195 307 (36.5%) 213 (8.5%) - - - Medicaid Charity - - - - 125 136 (8.1 %) Medicare & Medicaid 701 1,682 (58.3%) 1.522 (53.9%) (1) 4 (125.0%) Negotiated Contracts 59 58 1.7% 59 - 238 46 417.4% Other 1,076 583 84.6% 339 217.4% 384 209 83.7% Total Deductions 2,031 2,630 (22.8%) 2,133 �4 8 833 899 (7.3%) Net Service Revenue 12,268 10,771 13.8% 10,826 13.2% - - - Premium Revenue - - - - Rental and Education Revenue - 43 12 258.3% Other Operating Revenue 101 131 (22.9%) 173 (41.6%) 876 911 (3.8%) Total Net Operating Revenues 12,359 10,902 13.4% 10,998 12.4% Expenses from Operations: - - Purchased and Healthcare Expenses - - - - Other Expenses from Operations: 633 595 6.4% Salaries & Wages 6,824 6,700 1.9% 6,131 11.3% 209 178 17.4% Employee Benefits 1,949 2,030 (4.0%) 1,749 11.4% 11 2 450.0% Professional Fees 57 27 111.1 % 73 (21.9%) 67 56 19.6% Supplies 725 651 11.4% 667 8.7% 180 220 (18.2%) Purchased Service 1,736 2,451 (29.2%) 1,823 (4.8%) 2 2 - Depreciation 20 20 - 20 - - 1 (100.0%) Interest and Amortization 13 14 (7.1 %) 20 (35.0%) 9 60 (85.0%) Bad Debts 658 817 (19.5%) 775 (15.1%) - - Healthcare Taxes - - - - 287 44 552.3% Other Expenses 994 484 105.4% 509 95.3% 1,398 1,168 20.7 Total Other Exp from Operations 12,976 13,194 (1% 11,767 10.3% 1,398 1,158 20.7% Total Operating Expenses 12,976 13,194 (1.7%) 10.3% (522) (247) (111.3%) Excess of Rev Over Exp from OPS (617) (2,292) 73.1% (769) 19.8% - - - Non -Operating Gain (Loss) 1 1 0.0% 2 (50.0%) (522) (247) (111.3%) Excess of Revenues Over Expenses (616) (2,291) 73.1% (767) 19.7% Other Activity -Unrestricted 500 - - Increase (Decrease) in UR Net Assets L1161 1767) 84.9% 1 MEMORANDUM DATE: December 18, 2009 TO: Phillip Oates, City Manager FROM: Kristin Erchinger, Finance Director RE: Harbor accounts receivable write-offs for 2009 Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write-off the attached harbor accounts receivable. The cancellation list includes customers whose mail is undeliverable, have no forwarding address, who we have been unable to serve through small claims court action, whose accounts have been inactive, who have abandoned vessels in the harbor or SMIC, or who have small account balances which do not justify the cost of further collection attempts. The cancellation process is an accounting procedure that reduces the accounts receivable to an amount that is likely to be collected, and results in halting further accrual of interest and late fees on accounts that may never be collected. However, the finance department does not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action will then be pursued through collections procedures. This year the write-off list for the harbor is exceptionally high. The reason for that has to do with vessels which have been abandoned in SMIC for a number of years in the storage yard. It has come to my attention that over the course of the last three years, the harbor was not booking storage charges to those customers who abandoned their vessels, under the assumption that the City would not get paid and should therefore not revenues which were not expected to be collected. However, generally accepted accounting principles require that we book revenue for the services that we provide, and then we write those revenues off to bad debt if they are assumed uncollectible. Therefore, staff made a material adjustment to SMIC revenues in the current year which resulted in a significant increase in storage fee revenues, offset by the write-off of those revenues as bad debt expense. If you approve the cancellation of the attached harbor accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information, as required by the Code. If you have any questions, please contact me. Thank you. Approved for write -of . Kristin Erchinger, Finance Director Approv d for write-off: Phillip Oates, City Manager 156 MEMORANDUM DATE: December 17, 2009 TO: Kris Erchinger FROM: Kari Anderson SUBJECT: 2009 Write Off List The Harbor staff was previously trained to stop charging storage fees, or any other charges, for vessels in the harbor and SMIC storage yards once the vessel had a balance that was written off. Many of these vessels had balances that were written off in prior years, so the storage fees were no longer charged. The problem was identified this year and inquiries were made to the Finance Director and the City Attorney for input on the proper way to handle this, both legally and in accordance with the current Generally Accepted Accounting Practices (GAAP). The harbor was informed that there was no legal reason to stop charging the storage fees and as far as GAAP, we should have been charging the storage fees (and writing them off if there was no real expectation of receiving payment on these vessels). Several of these accounts were 3 to 4 years behind it storage fees and when they were brought current in July of this year, it created a large jump it storage revenues and the balance ofthe accounts receivable account. The harbor was also advised that the write off should be done in 2009 as well so that the huge increase in revenues would be offset by the expense of the bad debt and have inilinal affect on the fund balances. The harbor successfully completed the sale of impounded and abandoned vessels in November of 2009. The city has not sold or destroyed abandoned vessels since 1998. The harbor has taken steps to inplenent a process of placing a lien on any vessel that allows their account balance to grow without making any payments or attempting to contact us. The harbor feels that this will prevent the large account balances that have developed over the years, and minimize the number of vessels that need to be impounded. Kari Anderson MEMORANDUM DATE: November 17, 2009 TO: Phillip Oates, City Manager FROM: Harbor Office Assistants THROUGH: Kari Anderson, Harbormaster " Kris Erchinger, Finance Director Als� SUBJECT: Seward Boat Harbor Write -Off for Auklet Red Account We request the authorization to write offthe remaining balance ofthe Auklet Red account which was impounded and sold. The original attempt to sell the boat for the balance due was unsuccessful. The second attempt was made to sell the boat with a minimum bid of $1,000. The successful bid came in at $7,078, leaving a balance of $7,799.35 which cannot be collected from the previous owner. If you have any questions, please call. Seward Boat Harbor Write Off TotalKadel Ter Auklet Red sold at impound Approved By: Date: 11jalol Finance Director Approved By: Date: 0 City Manager 158 ' 1�Er#_BxalRec# Name 2 3 7 8 91 13 17 20 24 25 26 31 32 33 34 35| 36� 37� 38 30 4O� 41:1 42^ 43 44 45 4647, 48.� 4Q 5U� 51 w � S2~ 53 ~�, n o* 56 � '„ i j � ��`:, � Motion, allow '7ykX'%J' �.� III-',>>r'+, 'a��,);%n �;a�'�I I� rig r (, �: i / / �� 7 !� - r 3�` X v v. �,d a 7 .,� ju �X�� , � .� j� a� S iu, _ �.3��,i � 3it'��t ��, �-�a9��i✓;2�,�. '��a 13 Z ��,:� _ a�l�,vn� f3L�nr9.4-�� COUNCIL AGENDA STATEMENT Meeting Date: February 22, 2010 Through: Phillip Oates, City Manager From: Karin Sturdy Parks & Recreation Director Agenda Item: Parks & Recreation Year End Report BACKGROUND & JUSTIFICATION: Each January our Parks & Recreation team meets for several hours in an annual in-service. During this time we update our five year plan; develop our Department theme for the year, celebrate the victories of the past year and set professional goals and team New Year's Resolutions. Several years ago we also added the tradition of bringing our perspective of the past year's success to the City Council. Each Division is tasked with presenting its highlights as they pertain to our board of directors. Our team will be presenting these written reports to Council. Attachments: Community Schools 2009 report Campgrounds 2009 report TYC 2009 report Sports & Recreation 2009 report Paid Parking 2009 report Seward Parks & Recreation Department: Mountains of Recreation Giving 110% in 2010 161 Seward Parks & Recreation 2009 End of the Year Report SPORTS & RECREATION Revenues: 2008 2009 +/- Punch cards $ 14,168.97 $ 25,528.50 +.$11;359:53 Class Registration $ 20,564.00 $ 21,863.93 + $1,299.93 Public Use $ 2,787.00 $ 2,876.50 + $ 89.50 Special Events $ 9,637.54 $ 13,716.65 + $ 4,168.61 Facility Rentals $ 200.00 $ 69.00 - $ 131.00 Tournaments $ 7,455.00 $ 3,627.00 - $ 3,828.00 Picnic Area Reservations $ 424.00 $ 1,917.50 + $ 1,493.50 Sponsor $ 11,433.80 $ 9,930.58 - $ 1,503.22 Total Revenue $ 66,942.06 $ 79,545.66 + $12,603.60 * Note: Punch cards up in 2009, due to more customers purchasing Punch cards or annual passes. This is better for the customer who saves money, and better for the City in efficiency and revenues. Programs & Special Events Held: # of visits • Kids' Carnival 250 • SHS UYBL Days 75 • Stylin' Stitches Diaper Derby 75 • Super Saturday Clean Up 260 • Terry's Tires Bike Rodeo 170 • MLB's Pitch, Hit & Run 20 • Soccer Play Day 45 • Elks Soccer Shoot 50 • B.A.S.I.C.S Hoops Camp ill • 2 x 2 Basketball Tourney (Oktoberfest) Canceled • Nikiski Pool Trip 55 • SEIRP Camp 54 • Pumpkin Prowl 75 • Community Halloween Carnival 800 • Family Masquerade Ball 100 • Teen 2 on 2 Basketball Tourney Canceled • Turkey Reverse Volleyball Tourney Canceled • Elk's Breakfast with Santa 140 Easter Egg Hunts 170 • UYBL Jamboree 50 • Mini Hoops Camp w/ Lil T 141 • Middle Time (open gym for middle schoolers) 139 • Special Olympics Practice 169 • Racquetball Lessons 13 0 Super Saturday Clean Up 162 260 • Super Saturday BBQ & Awards 20 1�4w • Pink Cheeks Awards at the Elks 60 • SIERP Camps 54 • Ice Cream in the Park 35 • Disco Skate (New Program) 50 • Harlem Ambassadors Show 500 Leagues: • Basketball League, Fall & Winter season. 4 teams each / 32 players • Competitive Volleyball, Fall & Winter seasons. 6 teams each / 48 players • Recreational Volleyball, Spring & Fall season, 4 teams / 30 players • Urbach's Youth Basketball League, 8 teams / 86 players / 8 coaches • Competitive Softball, 6 teams / 72 players • Recreational Softball, 4 teams / 48 players • Youth Soccer League, 4 teams / 40 players / 4 coaches • Archery League 70 Participants throughout season • Racquetball League 203 Participants throughout season Tournaments: Races: • Wells Fargo Polar Bear Jump Off Basketball Tournament: 10 teams; 350 attendance • Breeze Inn Avalanche Classic Basketball Tournament: 9 teams; 350 attendance • TelAlaska Volleyball Spring Classic Tournament: 6 teams; 110 attendance • EOS (End of Season) Volleyball; 70 / Basketball; 65 / Softball Tourneys: 10 teams; 200 attendance • EOS Urbach Youth Basketball Tournament: 7 teams 200 participants • 4`h of July 2 on 2 Basketball Tourney: 35 participants • Polar Bear Pink Cheeks Triathlon: 745 participants • Exit Glacier Run: 250 participants • Bear's Den Bear Bell Run: 75 participants • Fall Re -Run: Canceled (but coordinated with the ASLC Rescue Run) Drop -in Programs: Badminton, Racquetball, Weight Room, Open Gym, Rollerskating, Wallyball, Volleyball, Basketball Total number of Participants (program visits) Served: (includes AVTEC Students) 41,062 Volunteer Hours Contributed: 1,351 Comments: Continuing to offer new leagues, events and tourneys to cater to a variety of customers. We encourage kids and adults of any skill and ability levels to participate in our programs. Our goal is to provide a positive atmosphere and a safe and fun place to recreate. Thanks to AVTEC for allowing the public to use the Student Services Center for many of these Sports & Recreation indoor programs! SPRD Sponsors Leagues • Yukon • Breeze Inn • TelAlaska a TelAlaska UYBL • Peking • Wells Fargo • • Urbach's ACOA Volleyball Comp & Rec Special Events ` • Bear's Den B & B . AVTEC • Fish House • ASLC (2 teams) Summer Splash • Harmon Construction • John & Dawn Osenga • Renown Tours • J & R Fisheries • Dr. Mike & Maya Moriarty • Alehouse • KFT • Essential One • Renown Tours • TelAlaska Girls Hoops Camp • Seward Plumbing • Kenai Fjords . ACOA • Shoreside Petroleum • City of Seward • Stylin' Stitches Teen 2 on 2 Basketball Tourney • Teen Council Soccer • Seward High School Basketball Leagues • Hankins • AVTEC F/V Chandalar Diaper Derby • Seward Fisheries • Stylin' Stitches • TelAlaska Races & Tournaments • TYC Councils • Peking • Tony's Egg Hunt Races • Dr & Mike Moriarty • Bear's Den B&B • American Legion Softball Comp & Rec Leagues • Polar Bear Association • Seward Resort • ASLC (2 teams) • Resurrection • Safeway • Alehouse Roadhouse/NPS/USFS/KFT 0 TYC Councils • Custom Creations • TYC Councils • KFT • SVFD Bike Rodeo • Metco • Terry's Tires • Roadhouse Tournaments • SPD 1 6i 4 • BSA • Bike Shop • AK Safe Kids • TYC Councils Pumpkin Prowl • Safeway • TYC Councils • Seward Resort • Glacier Family Medicine Breakfast with Santa • Elks • Polar Bear Association • Silver Dollar Vending • Senior Citizens Center • TYC Councils Kids Carnival • SSCC • TYC Councils Seward Parks & Recreation 2009 Year End Report TEEN & YOUTH CENTER: Bottom line good news? Revenues are up! Attendance is up, V0IUnLCCI MUIN aiv up. Lay %-aiaiy registrations breaking records! Revenues: 2008 2009 +�- Public Use $1,624.25 $ 970.00 - $654.25 Punch Cards $9,094.00 $ 8,993.50 - $100.50 Class Registration $43,838.25 $ 49,186.80 + $5,348.55 Rentals $280.00 $ 183.00 - $97.00 Special Events $1,902.40 $ 2,543.65 + $641.25 Scholarships $ 4,000.00 + $4,000.00 Liability $ 335.00 + $335.00 Sub Total $56, 738.90 $ 66,211.95 + $9,473.05 Teen Council Funds $30,118.67 $ 42,416.37 + $12,297.70 Total Revenues $86,857.57 $108,628.32 + $21,770.75 Attendance: 2008 2009 +/- Special Events 2,731 1,418 - 1,313 Elementary K - 6th 8,272 8,264 - 8 Middle School 7th & 8th 737 231 - 506 High School 9th —12th 912 790 - 122 Middle Time 332 208 - 124 Totals 12,984 10,911 Volunteer Hours 2008 2009 +/- Adults or Alumni 382 381.5 - 0.5 Council Members 822.5 680 - 142.50 Totals 1,204.5 1,061.5 - 143 Council Hours Divided Youth Council 288.5 Junior Council 172 Teen Council 219.5 Total 680 The following events were held at or by the TYC during the past year: Dances: Elem, MS, HS,& Community Kids Carnival Schools out camps (8) Summer Day Camps (13, one -week camps) Spring Break Camp Christmas Camp & New Year s Camp 16C R Field Trips (5) Hosted Birthday parties TYC Rentals 4th of July Float and Booth Tri Fun A Thon Council meet Council Pizza & Presentation Eat Dessert First Summer Splash Pizza Parties Council Trip Parent Group Meetings (PG13) DJ Club Events ASP & Middle Time & "Neon Nites" .67 Revenues & Attendance Comparison Parking Mon hly Visits (revenues divided by daily price ($5 or $10) 2006 2007 2008 2009 April & May 2,510 2,644 3,522 2,273 June 5,727 6,160 4,112 4,612 July 11,163 10,559 7,213 9,092 August 2,734 10,351 7,292 8,416 September 2,256 2,228 719 1,718 sub -totals 24,390 31,942 22,858 26,111 Parking Permits Monthly Total (slip holder, Employee, Veh w/ Trailer) 2006 2007 2008 2009 April & May 647 643 546 546 June 190 186 172 177 July 84 84 80 43 August 39 39 45 13 September 1 3 1 1 sub -totals 961 955 844 780 Campgrounds Monthly Visitor Nights 2006 2007 2008 2009 April 391 581 263 90 May 2,889 3,130 2,703 2,993 June 7,743 8,333 7,041 7,741 July 9,788 10,677 10,077 8,938 7,847 9,313 7,946 7,483 ,August September 2,855 2,622 1,679 2,447 sub -totals 31,513 34,6561 29,709 29,692 Campgrounds Total Monthly Revenues Tent + Dry + Utility + Showers) 2006 2007 2008 2009 April $3,554.72 $5,977.36 $2,214.96 $ 976.73 May $41,682.09 $45,536.56 $46,394.16 $ 49,381.43 June $109,034.20 $118,133.02 $120,239.02 $ 132,233.19 Jul $140,270.74 $147,398.89 $165,899.15 $ 152,034.53 ,August $109,775.96 $132,987.02 $141,631.37 $ 127,144.32 September $43,397.63 $32,052.78 $31,140.18 $ 44,494.98 subtotals $447,715.34 $482,085.63 $476,378.66 $ 506,265.18 Parking lot daily fees (2009) = $5, (2008) = $10, (2007) = $5. �S M in February 2010 _ February 2010 March 2010 S M T W T F S S M T W T F S City Council Meeting City Council Meeting Meeting Preservation Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Security Rep 1 2 3 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 1920 21 22 23 24 25 26 27 28 29 30 31 Nand Richey 1 119 2/17/2010 12:01 PM March 2010 7:30pm P&Z Meeting March 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2425 26 27 28 29 30 31 April 2010 S M T W T F S 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 10 11 12 1 6:00pm CC WS with 6:30pm CC WS 6:00pm Flood Plain 12:00pm Task Board 6:30pm CPC WS with Meeting CI Kenai Peninsula 7:00pm City Council N Meeting Borough) 1 15 5:30pm 6:00pm City Council Meeting 17 11:OOam�' 5:30pm Historic Preservation Meeting 8:00am Social Security Rep 23 24 25 26 2A Nanci Richey 2 L/1//4V1V 14:V1 n-i r0 April 2010 TPVVN City Council Meeting City Council Meeting Meeting P&Z Work Session PACAB Work Session Preservation Meeting April 2010 S M T W T F S 1 2 3 4 5 6 7 8 910 11 12 13 1415 16 17, 18 19 20 21 22 23 24 25 2627 28 29 30 Security Rep Nand Richey 3 171. May 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3031 111 2/17/2010 12:01 PM