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Home My WebLink About08222011 City Council PacketSeward City Council Agenda Packet August 22, 2011 City Council Chambers Beginning at 7:00 p.m. Levee Road Ribbon Cutting 1963 1965 2005 The City of Seward, Alaska an nm CITY COUNCIL MEETING AGENDA {Please silence all cellular phones and pagers during the meeting} August 22, 2011 7:00 p.m. Council Chambers Vanta Shafer 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE Council Member C. ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson D. have signed in will be given the first opportunity to speak. Time is Vice Mayor E. limited to 2 minutes per speaker and 30 minutes total time for this Term Expires 2012 agenda item.] Council Member 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta PUBLIC HEARINGS of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2011 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards Vanta Shafer 1. Founder's Day Proclamation ......... ............................Pg. 4 Council Member 2. National Preparedness Month .... ............................... Pg. 5 Term Expires 2011 3. Welcome to Alaska Recreation and Parks Association ...... Pg. 6 Marianna Keil B. Chamber of Commerce Report Council Member C. City Manager's Report Term Expires 2012 D. Mayor's Report E. Other Reports and Presentations Ristine Casagranda Council Member Term Expires 2012 PUBLIC HEARINGS Phillip Oates A. Resolutions for public hearing City Manager 1. Resolution 2011 -061 Authorizing The City Manager To Johanna Kinney Enter Into A Lease Agreement With The United States City Clerk Of America For Tract A, Marina Subdivision, Seward Small Boat Harbor, For The Purpose Of Operating A Cheryl Brooking Marine Dispatch Building ... ............................Pg. 8 City Attorney City of Seward, Alaska Council Agenda August 22, 2011 Page 1 2. Resolution 2011 -062 Authorizing The City Manager To Enter Into An Amendment To The Lease Agreement 75 -055 With The United States Of America For Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor, For The Purpose Of Extending The Term Of The Lease To October 31, 2011 .............................. ............................Pg. 68 8. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2011 -004, An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public .............................. ............................Pg. 73 *2. Ordinance 2011 -005, An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending Portions Of Seward City Code 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public ...................... ............................Pg. 100 B. Resolutions *1. Resolution 2011 -063 Appropriating Funds In The Amount Of $7,322.00 From The Harbor Enterprise Fund Balance To Cover Excess Costs Associated With Critical Float Repairs.................................................................. ............................... P g. 114 *2. Resolution 2011 -064, Appropriating $250,000 In Grant Funds From The State Of Alaska For Alutiiq Pride Shellfish Hatchery Improvements And Expanding Shellfish Aquaculture In Alaska ................................................... ............................Pg. 116 *3. Resolution 2011 -065 Appropriating $304,290 In Library Grant Funds And Approving Amendment No. 3 For The Contract With ECI /Hyer For Architectural Services During The Construction Phase Of The Seward Museum / Library ...........................Pg. 120 *4. Resolution 2011 -066 Appropriating $144,965 In Library Grant Funds And Approving Amendment No. 4 For The Contract With Rise Alaska For Project Management During The Construction Phase Of The Seward Museum / Library ...........................Pg. 126 *5. Resolution 2011 -067, Authorizing The City Manager To Submit An Application To The Alaska Energy Efficiency Revolving Loan Fund For An Aggregate Amount Not To Exceed $678,533, To Pay The Cost Of Energy Upgrades At The Alaska SeaLife Center Building.Pg.131 B. Other New Business Items *1. Approval of the August 3, 2011 City Council Special Meeting Minutes and the August 8, 2011 City Council Regular Meeting Minutes .............. ............................Pg. 135 City of Seward, Alaska Council Agenda August 22, 2011 Page 2 *2. Schedule a special meeting for August 29, 2011 to approve the contract for marine engineering services for the Seward Marine Industrial Center for the development of a harbor breakwater and harbor expansion project to follow adjournment of the 6:00 p.m. Building Codes Work Session. 9. INFORMATIONAL ITEMS AND REPORTS A. June Providence and City Financials ............... ............................Pg. 143 10. COUNCIL COMMENTS 11. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda August 22, 2011 Page 3 F WI on August 28, 1903 eighty -three men, women and children arrived in Resurrection Bay on the steamship Santa Ana; and 'A IEREAS, aboard this steamer were two brothers, John and Frank Ballaine, who arrived on the Lowell Homestead; and WHEREAS settlers cleared the town site, erected buildings and began construction on the Alaska. Central Railroad, later to become the Alaska Railroad; and WHEREAS, u1 March 1903, John Ballaine bestowed upon the town the name Seward in honor of William H. Seward, Secretary of State to President Lincoln; and WHEREAS, their landing date of August 28, 1903 is remembered as Seward's Founders' Day; and WHEREAS, the Resurrection Bay Historical Society is creating; a new exhibit for. the grand opening of the Seward Community Library Museum called "My Favorite Thing" which w�ill feature objects of significance to the conullunity; and WHEREAS, members of the Historical Society are seeking su7port from the comnnrnity by accepting donations of treasured items for the exhibIt's inaugural debut, and WHEREAS, i.n celebration of Seward's founders the Seward Museum will be hosting an Open House on Sunday, August 28, 20I1 from 12:00 to 5:00 p.m. with free admission and refreshments, and attendees will have the opportunity to select their "favorite thing" for inclusion in the community- driven exhibit. NOW THEREFORE I, Willard E. Dunham, Mayor of the City of Seward, Alaska, do hereby encourage all citizens to join in the celebration of our city and acknowledge FOU 12E s DAY SUNDAY, AUQU T 28',, 20`1.1 Dated this 22 "d of August, 2011 THE CITY OF SEWARD.. ALASKA Willard. E. Dunham, Mayor LA NATIONAL PREPAREDNESS MONTH SEPTEMBER 2011 WHEREAS, 2011 marks the ten -year anniversary of the September 11, 2001 terrorist attacks on the United States; and WHEREAS, in memory of those events, September has annually been declared National Preparedness Month; and WHEREAS, "National Preparedness Month" creates an important opportunity for every resident of the City of Seward to prepare their homes, businesses and communities for any type of emergency including natural disasters and potential terrorist attacks; and WHEREAS, investing in the preparedness of ourselves, our families, businesses and communities can reduce fatalities and economic devastation in our communities and in our nation; and WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Kenai Peninsula Citizen Corps and other federal, state, local, tribal, territorial, private and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and WHEREAS, emergency preparedness is the responsibility of every citizen of the City of Seward and all citizens are urged to make preparedness a priority and work together to ensure that individuals, families and communities are prepared for disasters and emergencies of any type; and WHEREAS, all citizens of the City of Seward are encouraged to participate in citizen preparedness activities and asked to review the Ready Campaign's website at ready.gov and become more prepared. THEREFORE, BE IT RESOLVED that the City of Seward hereby proclaims September, 2011 as National Preparedness Month, and encourages all citizens and businesses to develop their own emergency preparedness plan, and work together toward creating a more prepared society. Dated this 22nd day of August, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor pro environ parks' r b atib n',j - , n d wII -Iz WHEREAS, this year's annual educat'ic following ARPA . sections: Aquatics Wi Adaptive, and E�Da.rd.s W' COMIMISsI M WHEREAS, the Seward Pa rk§:; 8t KRe�r Living Center, AVTEC Nationa Community Services, Kenai -.Pen iit Center; and WHEREAS, the AVTEC gym I will serve who directly serve ARPA members. NOW, THEREFORE, be it resolved that th ; j hereby proclaim that Septern ber 71h- : 1'() ALASKA RgCR 11 �- (n UN; ax THE CyTY OF SE11V WILL IRDE (n Agenda Statement Meeting Date: August 22, 2011 From: Karin Sturdy, Parks & Recreation Director Through: Phillip Oates, City Manager Agenda Item: Welcome Alaska Recreation & Park Association 36 years ago around a small, round table in the downtown Anchorage pub, the Woodshed, a group of dedicated professionals talked about the missing resources in Alaska for continuing the important work of parks and recreation. Out in the Lower 48, these people had known strong state associations to provide education, networking, training and resource sharing. They knew if an association were to form THEY were the core group. They toasted the Alaska Recreation & Park Association, rolled up their sleeves, doled out the roles and started building:.. The ARPA is an affiliate of National Recreation & Park Association. ARPA's mission is to provide support to agencies, institutions, businesses, organizations and individuals who provide or advocate for parks, recreation and wild land programs. The mission is pursued by: providing a forum of ideas and information; promoting the personal, environmental, social and economic benefits of parks and recreation; coordinating, organizing and promoting quality education programs; and preparing and providing educational information relating to parks, recreation and wildlands. This year's annual education conference will serve professionals and volunteers from the following ARPA Sections: Aquatics, Wildlands, Recreation Services, Park Maintenance, Therapeutic and Adaptive, and Boards & Commissions. A special education tract for Senior Citizens' services has also been prepared. On behalf of the ARPA Host Committee, thank you for warmly welcoming the ARPA Conferees. Our host hotel is again the Breeze Inn, and our sessions and the EXPO will be held at AVTEC Student Services Center. The following partners have worked with the Seward Parks & Recreation Department to welcome the participants, instructors and private companies: Seward Independent Living Center, AVTEC, National Park Service, US Forest Service Seward Ranger District, SeaView Community Services, Kenai Peninsula Borough School District, and Providence Seward Medical Center Seward Parks & Recreation: Mountains of Recreation Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR TRACT A, MARINA SUBDIVISION, SEWARD SMALL BOAT HARBOR, FOR THE PURPOSE OF OPERATING A MARINE DISPATCH BUILDING WHEREAS, the UNITED STATES OF AMERICA, specifically the U.S. ARMY, ( "Lessee ") has requested an existing lease agreement with the City of Seward for 2,546 square feet, more or less, within Tract A, Marina Subdivision, Seward Small Boat Harbor, Kenai Peninsula Borough Plat number 2010 -10, Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the preliminary plat was approved by the Planning and Zoning Commission Resolution 2006 -25; and WHEREAS, the Seward City Council approved Resolution 2007 -013 recommending the approval of this subdivision and creating Tract A; and WHEREAS, the Seward Resort has utilized this area through a temporary license agreement with the City since 2007 as a staging area for their vessel operations on X float; and WHEREAS, City administration has worked with the US ARMY for five years on site plan development, platting, access agreements, and lease documents for Tract A; and WHEREAS, the property is zoned HC, Harbor Commercial, and the proposed use by the US ARMY meets a demonstrated need for active military personnel, retired military personnel and their guests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a lease agreement with the UNITED STATES OF AMERICA in substantial form as presented at this meeting. Section 2. This resolution shall take effect thirty (30) days after its adoption and posting. Upon the effectiveness of this resolution, the lease will be effective September 30, 2011. N Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Kari Anderson, Harbormaster Agenda Item: Approving a Lease with the U.S. ARMY for Tract A, Marina Subdivision BACKGROUND & JUSTIFICATION: After the Army lost it marine dispatch facility located on Ballaine as a result of the 1964 earthquake, the Army built a new facility off Port Avenue in the Small Boat Harbor where they dispatched their vessels until 1983. A letter from the Seward City Manager, Ronald Garzini, dated July 20, 1983, requested that the Army consider relocating it operation to the East Side of the Harbor near X Float on property owned by the Corps of Engineers (COE). The Army agreed to the request. On May 1, 1984 the U. S. Army Engineer District, Alaska granted a permit to the Department of the Army, 6` Infantry Division (Light), to use a 100' x 100' parcel of land, containing approximately 0.23 of an acre for the construction and placement of a temporary boat dispatch building in the Seward Boat Harbor. The permit was extended twice, and expired April 30,1999. On September 23, 1999 the U.S. Army Engineer District granted a quitclaim deed to the City of Seward for two parcels of land in the Seward Harbor, specifically for the purpose of improving the harbor and extending the breakwater to the east. Since this date, the harbor expansion project has begun, and construction in the eastern harbor has included the relocation of the breakwater, X float, and the installation of Z float. During the summer of 2006, representatives from the Seward Resort met with the City Manager and presented a plan to remove the dispatch facility, as it did not meet the requirements of the city's building codes. Throughout this time, the Seward Resort (Army) has operated their vessel dispatch operations out of a temporary trailer through a license use agreement with the City of Seward. The Seward Resort was able to secure the funding for the new dispatch facility and submitted a letter of intent to the City Manager that they had secured federal funding and were moving forward with an RFP. From 2006 until today, the US ARMY and City have worked together on platting efforts, geotechnical studies, and access agreements for this parcel. The Planning and Zoning Commission approved Resolution 2006 -25 (attached) recommending borough approval of the subdivision of ATS No. 174, with the NW I /4 of Section 3, Township 1 South, Range 1 west, Seward Meridian, Marina Subdivision, to create a Tract A. The Seward City Council approved Resolution 2007 -13 (attached) approving the platting action and proposed Tract A. The access agreement to connect Tract A to Port Avenue was approved in March, 2010. The preliminary plat was approved by the Kenai Peninsula Planning Commission on March 12, 2007 and the plat was finalized and recorded on October 1, 2010. INTENT: To approve a lease with the U.S. Army in the NE Harbor for the operation of a vessel dispatch building. 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 or Other Plans or Policies: Yes (List Below) No 1.) Comprehensive Plan Economic Development, Small Boat Harbor Development: expand and maximize potential of the existing harbor 2.) Strategic Plan Growth Management and Land Use Planning: Promote residential and commercial development inside the city 3.) Municipal Lands Management Plan Leases:... continue to dispose of commercial and industrial lands through long term leases... 4.) Small Boat Harbor Management Plan Lands:... ensure that existing lease sites are fully developed FISCAL NOTE The annual lease rate was established per the findings of the 2010 appraisal report for this parcel. GOVERNMENT shall pay CITY annual rent of $2,160 (Two thousand one hundred sixty dollars and zero cents) at the rate of $540 (Five hundred forty dollars and zero cents) per quarter in arrears commencing on the Effective Date. Rent for a lesser period shall be prorated. The annual rental payment shall be adjusted on July 1, 2015, and on the same date every five years thereafter (each a "Rental Adjustment Date "). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value of the Premises at the highest and best use of the Premises. The U.S. Army will be charged attorney fees for the development of this lease, per Resolution 1994- 10 1 Lease Administration Policies and Procedures. Approved by Finance Department: ATTORNEY REVIEW Yes X No RECOMMENDATION: Council approve Resolution 2011 - authorizing the City Manager to enter into a lease agreement with the United States ARMY for Tract A, Marina Subdivision. 10 Kenai Peninsula Borough Planning Department 144 North Binkley Street Soldotna, Alaska 99669 -7599 (907) 714 -2200 toll free within the Borough 1 -800- 478 -4441, extension 2200 ? FAX (907) 714 -2378 email: planning @borough.kenai.ak.us March 14, 2007 NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF MARCH 12, 2007 RE: Marina Subdivision Seward Resort Addition Preliminary Plat The Plat Committee reviewed and granted conditional approval to the subject preliminary plat during their regularly scheduled meeting of March '12, 2007. Please contact the Planning Department if you need additional information. This notice and unapproved minutes of the subject portion of the meeting were sent March 14, 2007 to: City of: City of Seward PO Box 167 Seward, AK 99664 Advisory Planning Commission /Community Council: N/A Survey Firm: Cline and Associates PO Box 2703 Seward, AK 99664 Subdivider /Petitioner: City of Seward PO Box 167 Seward, AK 99664 Seward Resort PO Box 329 Seward, AK 99664 KPB File Number: 2007 -032 AGENDA ITEM E . SUBDIVISION PLAT PUBLIC HEARINGS Marina Subdivision Seward Resort Addition KPB 2007 -032; Cline /City of Seward Staff Report reviewed by Patti Hartley Location: Proposed Use: Zoning: Sewer/Water: Assessing Use: Supporting Information City of Seward Harbor Commercial HC — Harbor Commercial City Tideland Survey Plat Committee Meeting: 3/12/07 The proposed plat will create a 2,546 square foot lot from a 1968 tideland survey. The intent is for the City of Seward to enter into a lease with the US Army to develop a new marine dispatch building. Seward Planning Commission reviewed the proposed plat on December 5, 2006. Main discussion topics included utilities to the new tract, modification /disposition of the existing building, zoning district requirements, and the flood hazard zone. The Seward Commission postponed action to their next meeting so the applicant and city staff could work out issues regarding the existing building. On January 4, 2007, the Seward Commission adopted Resolution 2006 -25, which recommended granting approval of the proposed plat subject to: a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system. Borough staff comments: Staff recommends the access easementbe accepted on behalf of the publicbythe City of Seward, either by document or by a signed acceptance statement on the plat. If the easement is accomplished by document, staff recommends the recording information be noted on the final plat. Documentation is required from the city prior to final plat to show that an installation agreement is in place or that no agreement is required. b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. Borough staff comments: Staff recommends a letter from the City of Seward be submitted prior to final plat confirming the existing building has been removed or has been modified so it complies with the zoning district: On February 12, 2007, the Seward City Council adopted Resolution 2007 -013 recommending Borough approval of the proposed plat. Per the Seward Planning Commission minutes, a flood hazard zone affects the subdivision. The appropriate note is on the plat. The City minutes indicate the developer will be responsible for showing the location of the building in the floodplain. Development within the subdivision may be subjectto the administrative policies and /or enforceable policies ofthe KPB Coastal Zone Management Program (Ordinance 90 -20). Per Planning Commission Resolution 2000 -25, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on the final plat. If no response is received within 30 days, staff will assume they have no requirements regarding the subdivision and it may be finalized. If the Certificate to Plat shows the property is affected by private covenants, staff recommends the recording KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES PAGE 21 UNAPPROVED MINUTES information of the private covenants and restrictions of record in effect at the time the final plat is approved be noted on the plat (KPB 20.16.140). Staff recommends that notes be placed on the final plat indicating any exceptions granted by the Plat Committee with the meeting date, Exception(s) Requested A. KPB 20.20.200 Access to Streets. Findings 1. The subdivision is within the City of Seward. 2. The subdivision must comply with the requirements of the zoning district. 3. The Seward Planning Commission recommended granting conditional approval of the proposed subdivision on January 4, 2007. 4. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 5. A condition of City of Seward plat approval was provision of an access easement by the lessee. 6. The proposed subdivision is adjacent to Lot 4A Block 2 Replat Marina Subdivision, which is designated as public parking and access easement by Plat SW 96 -28. T Perthe submittal, the final portion of the access will be determined and documented prior to recording the plat. 8. Per the submittal, the exception is necessary for the lessee to update their lease and continue their long -term use of this parcel. 9. Per the submittal, a special circumstance affecting the property is lack of platted right -of -way access to the public dock facilities in this area. 10. Prior to final approval, documentation is required from the City regarding an installation agreement and building compliance with setbacks. Staff reviewed the exception request and recommends granting approval. Staff recommends the Committee select the findings they determine are applicable, make additional findings if needed, be the findingstothe following facts, and vote on the exception in a separate motion. 20.24.010 provides that the commission (committee) may authorize exceptions to any of the requirements set forth in Title 20. This section also states - The commission (committee) shall find the following facts before granting any exceptions: 1. That special circumstances or conditions affecting the property have been shown by application; Findings 1, 2, 5 -10 appear to support this fact. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 1, 2, 5 -10 appearto support this fact. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1 -7, 9,10 appearto support this fact. Exception Required KPB 20.20.190 Minimum Lot Size Findings 1. Tract A is within the City of Seward. 2. Tract A contains 2546 square feet, KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES UNAPPROVED MINUTES PAGE 22 3. Under Borough Code, minimum size for lots connected to a public water and sewer system is 6000 square feet. 4. The tract is zoned Harbor Commercial (HC). 5. There is no minimum lot size in the HC zone. 6. The subdivision must comply with the requirements of the zoning district. 7. The Seward Planning Commission recommended granting conditional approval of the proposed subdivision on January 4, 2007. 8. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 9. Per the City of Seward approval, the lessee will be responsible for engineering and installation of connection to the city sewer system. Staff reviewed the exception request and recommends granting approval. Staff recommends the Committee selectthe findings they determine are applicable, make additional findings if needed, tie the findings to the following facts, and vote on the exception in a separate motion. 20.24.010 provides thatthe commission (committee) may authorize exceptions to any of the requirements set forth in Title 20. This section also states - The commission (committee) shall find the following facts before granting any exceptions: 1, That special circumstances or conditions affecting the property have been shown by application; Findings 1, 2, 4 -9 appear to support this fact, 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 1, 4 -9 appear to support this fact. 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1, 4 -9 appear to support this fact. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: Clarify the city limits with a distinctive line style in the Vicinity Map. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF THE FINAL PLAT IN ACCORDANCE WITH TITLE 20 INCLUDE: 2. Add Kenai Peninsula Borough to the title block. 3. Include the names of the city official and lessee who will sign the plat under their signature lines. 4. Survey and monumenta.tion must meet the ordinance requirements (KPB 20.16.160). 5. Conform to conditions of KPB Planning Commission Resolution 78 -6. 6. Compliance with Ordinance 90-38 (Substitute) - Ownership. 7. Compliance with Ordinance 90-43 Easement Definition. 8. Compliance with Ordinance 93 -59 - Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN NOTICE THEREOF WiTH THE BOROUGH PLANNING DIRECTOR ON A FORM PROVIDED BY THE BOROUGH WITHIN 10 DAYS AFTER KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES PAGE 23 UNAPPROVED MINUTES 1y NOTIFICATION OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR PUBLICATION 2.40.080 BOROUGH CODE OF ORDINANCES). THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON WHICH RECONSIDERATION IS BASED. END OF STAFF REPORT Chairman Johnson read the rules by which public testimony is taken. Chairman Johnson opened the meeting for public comment. Seeing and hearing no one wishing to comment, Chairman Johnson closed the public hearing and opened discussion among the Committee. MOTION: Commissioner Tauriainen moved, seconded by Commissioner Gross to grant exception to KPB 20.20.200, Access to Streets; adopting the 10 findings cited by staff, tying them to the three facts in the following manner. Fact 1. That special circumstances or conditions affecting the property have been shown by application. Findings 1. The subdivision is within the City of Seward. 2. The subdivision must comply with the requirements of the zoning district. 5. A condition of City of Seward plat approval was provision of an access easement by the lessee. 6. The proposed subdivision is adjacent to Lot 4A Block 2 Replat Marina Subdivision, which is designated as public parking and access easement by Plat SW 96 -28. 7. Perthe submittal, the final portion of the access will be determined and documented prior to recording the plat. 8. Per the submittal, the exception is necessary for the lessee to update their lease and continue their long -term use of this parcel. 9. Per the submittal, a special circumstance affecting the property is lack of platted right -of -way access to the public dock facilities in this area. 10. Prior to final approval, documentation is required from the City regarding an installation agreementand building compliance with setbacks. Fact 2. That the exception is necessary for the preservation and enjoyment of a substantial properly right and is the most practical manner of complying with the intent of this title. Findings 1. The subdivision is within the City of Seward, 2. The subdivision must comply with the requirements of the zoning district. 5. A condition of City of Seward plat approval was provision of an access easement by the lessee. 6. The proposed subdivision is adjacent to Lot 4A Block 2 Replat Marina Subdivision, which is designated as public parking and access easement by Plat SW 96 -28, 7. Per the submittal, the final portion of the access will be determined and documented prior to recording the plat. 8. Per the submittal, the exception is necessary for the lessee to update their lease and continue their long -term use of this parcel. 9. Per the submittal, a special circumstance affecting the property is lack of platted right -of -way access to the public dock facilities in this area. 10. Prior to final approval, documentation is required from the City regarding an installation agreement and building compliance with setbacks. Fact 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1. The subdivision is within the City of Seward. 2. The subdivision must comply with the requirements of the zoning district. KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES PAGE 24 UNAPPROVED MINUTES 3. The Seward Planning Commission recommended granting conditional approval of the proposed subdivision on January 4, 2007. 4. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 5. A condition of City of Seward plat approval was provision of an access easement by the lessee. 6. The proposed subdivision is adjacent to Lot 4A Block 2 Replat Marina Subdivision, which is designated as public parking and access easement by Plat SW 96 -28. 7. Per the submittal, the final portion of the access will be determined and documented prior to recording the plat. 9. Per the submittal, a special circumstance affecting the property is lack of platted right -of- -way access to the public dock facilities in this area. 10. Pdorto final approval, documentation is required from the City regarding an installation agreementand building compliance with setbacks. VOTE: The motion passed by unanimous consent. i LUCCIO YE G ROSS HU CHINSON JOHNSON YES RIAINEN 5 YES YES MOTION; Commissioner Gross moved, seconded by Commissioner Hutchinson to grant exception to KPB 20.20.190, Minimum Lot Size, citing the 9 findings as presented by staff, tying them to the three facts in the following manner. Fact 1. That special circumstances or conditions affecting the property have been shown by application. Findings 1. Tract A is within the City of Seward. 2. Tract A contains 2546 square feet. 4. The tract is zoned Harbor Commercial (HC). 5. There is no minimum lot size in the HC zone. 6. The subdivision must comply with the requirements of the zoning district. 7. The Seward Planning Commission recommended granting conditional approval of the proposed subdivision on January 4, 2007. 8. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 9. Per the City of Seward approval, the lessee will be responsible-for engineering and installation of connection to the city sewer system. Fact 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title. Findings 1. Tract A is within the City of Seward. 4. The tract is zoned Harbor Commercial (HC). 5. There is no minimum lot size in the HC zone. 6. The subdivision must comply with the requirements of the zoning district, 7. The Seward Planning Commission recommended granting conditional approval of the proposed subdivision on January 4, 2007. 8. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 9. Per the City of Seward approval, the lessee will be responsible for engineering and installation ofconnectionto the city sewer system. Fact 3. That the granting of the exception will not be detrimental to the public welfare or injuriousto other property in the area in which said property is situated. Findings 1. Tract A is within the City of Seward. 4. The tract is zoned Harbor Commercial (HC). 5. There is no minimum lot size in the HC zone. 6. The subdivision must comply with the requirements of the zoning district. KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES PAGE 25 UNAPPROVED MINUTES �b 7. The Seward Planning Commission recommended granting conditional approval ofthe proposed subdivision on January 4, 2007. 8. The Seward City Council recommended granting approval of the proposed subdivision on February 12, 2007. 9. Per the City of Seward approval, the lessee will be responsible for engineering and installation of connection to the city sewer system. VOTE: The motion passed by unanimous consent. LUCCIO G ROSS Proposed Use: Residential, Recreational, Agricultural, Commercial Zoning: Unrestricted S YES YES I YE I YES CHINSON YESNSON i YESRIAINEN I — ary l MOTION: Commissioner Gross moved, seconded by Commissioner Hutchinson to grant approval of thee pr elimin plat as presented by staff. VOTE: The motion passed by unanimous consent. CARLUCCIO GROSS HUTCHINSON JOHNSON TAURIAINEN SYES YES YES YES YES YES AGENDA ITEM E . SUBDIVISION PLAT PUBLIC HEARINGS Tagala Subdivision Rainwater Addition No. 2 KPB 2007 -067; Integrity/Rainwater Staff Report reviewed by Patti Hartley . Plat Committee Meeting: 3/12/07 Location: West of Skyline Drive, Soldotna area Proposed Use: Residential, Recreational, Agricultural, Commercial Zoning: Unrestricted Sewer/Water: On -site Assessing Use: Residential Supporting Information: The proposed plat subdivides a 4.6 -acre lot from a 52 -acre tract. Lot 7 contains more than 200,000 square feet, or nominal five acres. A soils report is not required. The appropriate wastewater disposal note is on the plat. Tract A -2 and Lot 7 front Hayride Street, a constructed right -of -way. Tract A -2 fronts Jefferson Avenue, a dedication over a section line easement on the southern boundary. Per the submittal and satellite imagery, this portion of Jefferson Avenue appears to be a lowwet area. The 50 -foot temporary turnaround easement on the southwestern corner has been carried forward from the parent plat. The pond on Tract A -2 and private farm trails affecting this subdivision have been carried forward from the parent plat. During the review of the parent plat staff noted that further subdivision of Tract A -1 (Tract A -2 on the subject plat), would require right -of -way dedication and block length to be addressed. Lot 7 appears to encompass the only structures on this portion of the property. The farm trail on Lot 7 appears to end at the structures. Satellite imagery indicates the area west and south of Lot 7 is a cleared field with Slikok Creek and its wet areas southerly of the cleared area. Rights -of -way west of Lot 7 include a cul -de -sac (Melinda Way) and a closed loop (Faith Lane). Eventual dedication to connect Hayride Street to an extension of Kayeway Road in the subdivision to the west will eventually be required. The current preliminary has left a strip of land over 100 feet in width between the west boundary of Lot 7 and the west boundary of Tract A -2. Future dedication requirements through this parcel may result in and unusable 40 -foot strip or a dedication of over 100 feet in width. Staff recommends the owners consider the overall plan KENAI PENINSULA BOROUGH PLAT COMMITTEE MARCH 12, 2007 MEETING MINUTES PAGE 26 UNAPPROVED MINUTES �--1 2030 - 001137-0 A Recording Dist: 314 - Seward s 8/9/2010 11:11 AM Pages: 1 of 4 After R ecordine Return to: City of Seward Attention: Harbormaster P.O. Box 167 Seward, Alaska 99664 This page is included for recording purposes only. ACCESS AGREEMENT FOR LOADING AND UNLOADING ON SEWARD PROPERTY THIS ACCESS AGREEMENT, effective the 1st day of January, 2010, is made and entered into by and between the CITY OF SEWARD, ALASKA, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is P.O. Box 167, Seward, Alaska 99664, hereinafter referred to as "CITY" and the UNITED STATES OF AMERICA, whose address is P.O. Box 6069, Elmendorf AFB, Alaska 99506 -0898, hereinafter referred to as "PERMITEE'; Premises CITY hereby grants to the PERMITTEE a right of access for loading and unloading individuals, equipment and supplies, subject to all of the terms and conditions hereinafter stated, from the Public Parking and Access Easement located on Lot 4A -1, Block Two Marina Subdivision, Coast Guard Replat across a portion of Alaska Tidelands Survey 174 generally described as X Float Road and X Float Road extension. 2. P ose. The purpose of this access agreement is to allow the PERMITTEE use of the above described land to access the following site prior to the term of the Lease Agreement to begin in 2010 (the "Lease "): MARINA SUBDIVISION- SEWARD RESORT ADDITION: A SUBDIVISION OF A PORTION OF ALASKA TIDELANDS SURVEY 174 LOCATED WITHIN THE NW '/ SECTION 3 TOWNSHIP I SOUTH, RANGE 1 WEST SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT, CITY OF SEWARD 3. Use. The access route may be used by PERMITTEE'S employees, agents, invitees, contractors and subcontractors for the purpose of loading and unloading individuals, equipment and supplies at the site described in paragraph 2 in the City's Small Boat Harbor. No portion of the access route may be used for storage or parking. 4. Tern The term of this temporary access agreement shall begin on January 1, 2010 and will terminate upon execution of the Lease. The terms of this access agreement will be included in the Lease language. Consideration In consideration for use of the land, PERMITTEE shall pay the CITY $100.00 annually until a Lease for the property is executed and shall, at PERMITTEE's expense, construct and install all signs and take other actions necessary to let its employees and the public know that parking is not allowed. 6. Access Route Location The access route shall be generally described as X Float Road extension, a continuation of X Float Road located within the Public Parking and Access Easement located on Lot 4A -1, Block Two, Marina Subdivision, Coast Guard Replat, through Alaska Tideland Survey 174, provided that the Harbormaster will provide ••ftl °° IIIINIAIIIVIAI�lldllll C� 2010-001137-0 reasonable notice of any change in route or temporary restrictions reasonably necessary to manage the area. 7. Liability and Indemnity CITY makes no representations regarding the suitability of the site for PERMITTEE 's intended use. Except and to the extent solely caused by CITY's own negligence or intentional misconduct, CITY shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of PERMITTEE, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees or invitees. Any liability of PERMITTEE for property damage, personal injury, or death shall be governed by the Federal Tort Claims Act ( "FTCA "), 28 U.S.C. 2671 et seq. pursuant to the provisions of the FTCA, the PERMITTEE assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this license. Any requirement for the payment or obligation of funds by the PERMITTEE shall be subject to the availability of appropriated funds, and no provision herein shall be interpreted to require obligation of payment of funds in violation of the Anti - Deficiency Act, 31 U.S.C. 1341. By acceptance hereof and subject to the provisions of the Federal Tort Claims Act, 28 U.S.C. 2671, et seq., the PERMITTEE assumes full responsibility for the activities, equipment, and personnel incident to this Permit. 8. Interest This does not convey an interest in land, is personal to the PERMITTEE, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. CITY OF SEWARD, ALASKA Phillip, City Manager UNITED STATES OF A RICA By: Deputy Chief Real Estate Divisio Its: U.S. Army Engineer District, Alaska ATTEST: ean Lewis, CMC, City Clerk � B usp 9t (City Seal) �ti� O ' 00 W4 ® 5 E.� ; Iva ° - SUBMITTED BY: Kai Anderson, Harbormaster Page 2 of 3 111111111111111111111111111111111 STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. THIS IS TO CERTIFY that on thi day of , 20 tObefore me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Phillip Oates, known to me and to me known to be the city manager for the CITY OF SEWARD, ALASKA, and authorized to execute documents on behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. IN WITNESS year hereinabove writ hereunto set my my seal the day and ♦ Notary Pub is in an d oi My commis ion expire OF V STATE OF ALASKA I11�1�N�) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this A of , V la «l-- , 201 a, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared *,A S. Aro n4 4 ri known to me and to me known to be the Deputy Chief Real Estate Division of U.S. Army tngineer District, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the United States of America for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. ``��P. •• � Notary Public in and for s s. My commission expires: ti'•.. ;mot y 15 R PI °. °° 3 of 11111111111111 1111 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006- 25 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE SUBDIVISION OF ATS NO. 174, WITHIN THE NW % OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, MARINA SUBDIVISION, SEWARD RESORT ADDITION, TO CREATE A "TRACT A" WHEREAS, Cline and Associates on behalf of the Department of the Army has submitted a preliminary plat which would create "Tract A' by the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition, to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the property is zoned HC, Harbor Commercial; and WHEREAS, this platting action creates a new lot known as Tract A with an area of approximately 2546' square feet; and WHEREAS, the proposed subdivision meets the requirements of Title 15, the Seward Land Use Code; and WHEREAS, the newly created lot may be leased to the Department of the Arrny by the City of Seward for the development of a new marine dispatch building; and WHEREAS, the property is currently serviced by municipal water and electric services; and and WHEREAS, the property is not currently serviced by municipal sewer service; WHEREAS, the Utilities Department has stated that a modified subdivision agreement may be required for this subdivision for the provision of sewer service and may be provided for in the lease agreement. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the City Council and the Kenai Peninsula Borough approve the "Tract A" by the subdivision of ATS No. 174, located within the NW % of Section 3, Township 1 South, Range 1 West Seward Meridian, Marina Seward Planning and Zoning Commission Resolution 2006 -25 Page 2 of 2 Subdivision, Seward Resort Addition, subject to the following conditions: a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system. b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. Section 2. The Cormmission recommends the newly created lot be available for disposal by lease. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of January, 2007. THE CITY OF SEWARD, ALASKA M�ianna Keil, Chair AYES: Clark, Hicks, Hohl, Keil, Roach', Smith NOES: None ABSENT: Anderson ABSTAIN: None ATTEST: Jean Lewis City Clerk may' l,� °� ^�i. `• -. u tnx o t:y .. '� ,' x .r (City Seal} ' F wee ms _ .�„✓yto'`. LEASE AGREEMENT between CITY OF SEWARD, ALASKA and UNITED STATES OF AMERICA Acting by an d through the SECRETARY OF THE ARMY City of Seward Resolution No. US Army Corps of Engineers Lease No. DACA855- 1100064 Effective 30 September 2011 City of Seward: / United States of America / City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page TABLE OF CONTENTS ARTICLEI — LEASED LAND ................................................................................................ ..............................1 1.1 PREMISES ..................................................................................................................... ..............................1 1.2 COVENANT OF QUIET ENJOYMENT ..................................................................... ..............................1 1.3 RESERVED ................................................................................................................... ..............................1 1.4 PROPERTYACCEPTED " AS- IS' :.............................................................................. ..............................1 1.5 PERMITS ....................................................................................................................... ..............................1 1.6 PLATTING ..................................................................................................................... ..............................2 ARTICLE2 — LEASE TERM .................................................................................................. ..............................2 2.1 LEASE TERM ................................................................................................................ ..............................2 2.2 RENEWAL OPTION .................................................................................................:... ..............................2 2.3 TERMINATION ............................................................................................................ ..............................3 ARTICLE 3 — RENTAL RATE.. .3 3.1 RENTAL ......................................................................................................................... ..............................3 3.2 CENTRAL CONTRACTOR REGISTRATION ( CCR) ............................................... ..............................3 3.3 ELECTRONIC FUNDS TRANSFER PAYMENT ..................................................... ............................... 4 3.4 RENTAL ADJUSTMENTS .......................................................................................... ............................... S 3.5 PROCEDURE FOR RENTAL ADJUSTMENT .......................................................... ............................... S 3.6 EFFECT OF LATE APPRAISAL BY CITY ............................................................... ............................... 6 3.7 APPRAISAL BY GOVERNMENT ............................................................................... ............................... 6 3.8 EFFECTIVE DATE OF ADJUSTED RENTAL RATE ............................................. ............................... 7 3 .9 PROMPT PAYMENT . ................................................................................................ ............................... 7 ARTICLE4 — USE OF PREMISES ......................................................................................... ..............................8 4.1 USE OF PREMISES .................................................................................................... ............................... 8 4.2 OBLIGATIONS OF GOVERNMENT ......................................................................... 8 ............................... 4 .3 OBLIGATIONS OF CITY ............................................................................................ ............................... 9 4.4 DAMAGES .................................................................................................................... ........................:....11 4.5 NO PREFERENTIAL RIGHTS TO USE PUBLIC FACILITIES II ........................... ............................... 4.6 ADEQUACY OF PUBLIC FACILITIES ................................................................. II ............................... 4 .7 RESERVED .................................................................................................................. .............................11 4.8 TIME FOR PAYMENT OF UTILITIES .................................................................... .............................11 City of Seward: / United States of America( l City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page ii 4.9 OTHER USES ............................................................................................................... .............................I1 4.10 MUTUALITY OF OBLIGATION ............................................................................... .............................11 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS ...................................................... .............................12 5.1 UTILITIES .................................................................................................................... .............................12 5.2 WARRANTY .................................................................................................................. .............................12 5.3 THIRD PARTYIMPROVEMENTS ............................................................................ .............................12 5.4 EASEMENTS ............................................................................................................... .............................13 ARTICLE 6 - CONSTRUCTION BY GOVERNMENT ....................................................... .............................13 6.1 IMPROVEMENTS ON PREMISES ............................................................................ .............................13 6.2 CITYREVIEW OF CONSTRUCTION ....................................................................... .............................14 ARTICLE 7 - RETURN OF LEASED LAND /SITE ............................................................. .............................14 7.1 RETURN OF PREMISES IN ORIGINAL CONDITION ........................................ ............................... 14 7.2 RETURN OF PREMISES INDIFFERENT CONDITION ....................................... .............................14 ARTICLE8 - FORCE MAJEURE ......................................................................................... .............................14 ARTICLE 9 - GOVERNMENT'S ACTS OF DEFAULT ..................................................... .............................15 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE ................................................. .............................16 10.1 RIGHTS OF CITY ............................................................................................:........... .............................16 10.2 SURRENDER OFPREMISES .................................................................................... .............................16 10.3 NO TERMINATION OF OBLIGATION TO PERFORM ........................................ ............................... 16 10.4 RIGHTS CUMULATIVE ............................................................................................. .............................16 10.5 NO WAIVER OF RIGHT ....................................................... ............................... .............................. 16 ARTICLE 11— DEFAULT BY CITY DURING THE TERM ............................................. .............................16 11.1. DEFAULTBYCITY ..................................................................................................... .............................17 11.2 TERMINATIONFOR DEFAULT ............................................................................... .............................17 ARTICLE 12 - TITLE TO IMPROVEMENTS INSTALLED BY GOVERNMENT ........ .............................17 12.1 REAL PROPERTYIMPROVEMENTS ...................................................................... .............................17 12.2 REMOVAL OF PERMANENT REAL PROPERTY IMPROVEMENTS ...............:.. .............................17 12.3 PERSONAL PROPERTY ........................................................................................... ............................... 17 City of Seward: / United States of America / . ,a(o City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page iii ARTICLE 13 - ASSIGNMENT OR SUBLEASE ................................................................... .............................17 13.1 ASSIGNMENT OF LEASE OR SUBLEASING ......................................................... .............................17 13.2 ASSIGNMENT OF LEASE FOR SECURITY ............................................................ .............................17 13.3. ASSIGNMENT TO AFFILIATE ................................................................................. .............................18 ARTICLE14 - INSURANCE .................................................................................................. .............................18 ARTICLE - CONDEMNATION ........................................................................................ .............................18 IS .1 CLAIMS ..................................... ......................... . . . . .. .................. . . . . .. _ 14 I5.2 TERMINATION ........................................................................................................... .............................19 ARTICLE16 — DISPUTES ...................................................................................................... .............................19 16.1 CONTRACT DISPUTES ACT ...................... .......................................................... .............................19 16.2 CLAIMS ........................................................................................................................ .............................19 16.3 DATE OF DECISION.. 20 16.4 ALTERNATE DISPUTE RESOLUTION. ARBITRATION ..................................... .............................20 16.5 INTEREST PAYMENT .............................................................................................. ............................... 21 16 .6 PERFORMANCE OF LEASE ................................................................................... ............................... 21 ARTICLE 17 - MAINTENANCE AND REPAIRS ............................................................... .............................21 17.1 NORMAL MAINTENANCE ...................................................................................... ............................... 21 17.2 SAFETYISSUES .......................................................................................................... .............................21 17.3 COST OF REPAIRS ..................................................................................................... ............................:22 17.4 FIRE AND CASUALTYDAMAGE ............................................................................. .............................22 ARTICLE 18 - ENVIRONMENTAL CONCERNS .............................................................. .............................22 18.1 HAZARDOUS MATERIALS ....................................................................................... .............................22 18.2 PERMITS AND REPORTING ...................................................................:............... ............................... 24 ARTICLE 19 - ESTOPPEL CERTIFICATES /STATEMENT OF LEASE ........................ .............................24 19.1 REQUESTS FOR STATEMENTS OF LEASE .......................................................... .............................24 19.2 CONDITIONS FOR STATEMENTS OF LEASE ...................................................... .............................25 ARTICLE 20 - CONDITIONS AND COVENANTS ............................................................. .............................25 ARTICLE 21- NO WAIVER OF BREACH ........................................................................ ............................... 25 City of Seward: / United States of Americ 14 f ,Q-� City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page iv ARTICLE 22 - TIME OF THE ESSENCE ............................................................................ .............................25 ARTICLE 23 - COMPUTATION OF TIME ......................................................................... .............................25 ARTICLE24 — SUCCESSORS BOUND ................................................................................ .............................25 ARTICLE 25 — INTEGRATED AGREEMENT ................................................................... .............................26 ARTICLE26 - GOVERNING LAW ....................................................................................... .............................26 ARTICLE 27 - PARTIAL INVALIDITY ............................................................................... .............................26 ARTICLE 28 - RELATIONSHIP OF PARTIES ................................................................... .............................26 ARTICLE 29 - EXAMINATION OF RECORDS ................................................................. .............................26 ARTICLE 30 - GRATUITIES TO GOVERNMENT EMPLOYEES .................................. .............................26 30.1 GOVERNMENT MAY TERMINATE . ..................................................................................................... 26 30.2 PURSUIT OF REMEDIES ........................................................................................ ............................... 27 30.3 RIGHTS AND REMEDIES NOT EXCL USIVE ....................................................... ............................... 27 ARTICLE 31- OFFICIALS NOT TO BENEFIT .................................................................. .............................27 ARTICLE - INTERPRETATION ....................................................................................... .............................27 ARTICLE - CAPTIONS ...................................................................................................... .............................27 ARTICLE34- AMENDMENT ................................................................................................ .............................27 ARTICLE - NOTICES ........................................................................................................ .............................27 ARTICLE 36 — ATTACHMENTS TO LEASE ..................................................................... .............................28 City of Seward: / United States of America tnm t . City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 1 LEASE AGREEMENT THIS Lease, made and entered into this date by and between the CITY OF SEWARD, a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose address is P.O. Box 167, Seward, Alaska 99664, and whose interest in the property hereinafter described is that of owner (as certified), for itself, for its heirs, executors, administrators, successors, and assigns, hereinafter called the CITY, and the UNITED STATES OF AMERICA, acting by and through the Secretary of the Army, whose address is U.S. Army Engineer District - Alaska, Real Estate Division (CEPOA -RE), P.O. Box 6898, JBER, Alaska 99506 -0898, hereinafter called the GOVERNMENT. WHEREAS, the GOVERNMENT desires to lease land from the CITY for the construction, maintenance and operation of a marine dispatch building; and WHEREAS, the Seward Planning & Zoning commission has approved disposal by lease of uplands owned by the CITY in the Seward Small Boat Harbor; and WHEREAS, the City Council of CITY has determined that lease of the Premises to the GOVERNMENT for the purposes described herein would be in the public interest; NOW THEREFORE, the parties, for the consideration of the premises and the consideration hereinafter mentioned, and the mutual benefits to be derived therefrom, hereto covenant and agree as follows: L1 PREMISES. CITY hereby Leases to GOVERNMENT the following described premises: Approximately 2,546 gross square feet, more or less, of land (the "Premises ") described as: Tract A, Marina Subdivision Seward Resort Addition, according to Plat 2010 -10 recorded in the Seward Recording District, Third Judicial District, State of Alaska, more particularly shown on Exhibits A and B, attached hereto and made a part hereof. Premises will be used for the construction, maintenance and operation of a marine dispatch building for purposes related to the use of GOVERNMENT'S vessels moored at the CITY'S Small Boat Harbor. 1.2 COVENANT OF QUIET ENJOYMENT. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Premises as part of recording of a plat by CITY, and the provisions of this Lease, CITY hereby covenants and warrants that it is unaware of any prior conflicting use of the Premises that would adversely affect GOVERNMENT'S intended use of the subject parcel. 1.3 RESERVED. 1.4 PROPERTYACCEPTED "AS IS ". GOVERNMENT acknowledges that it has inspected the Premises and accepts the same "as- is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Premises in Article 1.1 or Exhibit A hereto. 1.5 PERMITS. GOVERNMENT, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Premises. CITY may from time to time, upon request of GOVERNMENT, execute such documents, petitions, applications and authorizations as may City of Seward: / United States of America tk4 V-- City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 2 be necessary, as the underlying fee owner, to file with an agency or public body responsible therefore, an application for conditional use permits, zoning and re- zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and. operation of the facilities of GOVERNMENT permitted on the Premises by the terms of this Lease. However, nothing in this section shall be construed as requiring CITY to support or to approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, GOVERNMENT shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or procedures of the City of Seward. Nothing in this sections imposes any duty or responsibility on CITY to assist GOVERNMENT in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right -of -way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 PLATTING. In the event CITY elects to replat, CITY agrees to include the Premises in such replat in accordance with reasonable requests by GOVERNMENT. If GOVERNMENT requests a r-eplat of the Pr-emises prior- to that time, CITY shall assist GOVERNMENT in the pmparatien and filing of the replat, the costs of such assistance shall be borne by the GOVERNMENT. GOVERNMENT agrees to accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Premises or the plat of CITY -owned real property adjacent to the Premises. ARTICLE 2 – LEASE TERM 2.1 LEASE TERM. a. This Lease is entered into in accordance with Federal Management Regulation, Subchapter C —Real Property, Part 102 -73 —Real Estate Acquisition, Subpart B— Acquisition by Lease, Sections 102 - 73.145, 102 - 73.150, and 102 - 73.155 and in accordance with CITY'S authorization Resolution No. 2011 Upon effectiveness of the resolution and upon execution of this Lease by CITY and GOVERNMENT, the Lease Term shall commence on September 30, 2011 (the "Effective Date "), subject to termination and renewal rights as may be hereinafter set forth. The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on September 29, 2031. b. GOVERNMENT'S obligation and legal liability for performance of this Lease beyond September 30, 2012, is contingent upon the availability of annually appropriated funds. Nothing in this Lease shall constitute, or be deemed to constitute, an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. 2.2 RENEWAL OPTION. The Government shall have the right to renew this lease for an additional five (5) year period, under the same terms and conditions provided herein by providing written notice to the Lessor of the Government's renewal at least 90 days prior to the expiration of the current term, provided that this lease shall in no event extend beyond September 29, 2036. City of Seward: / United States of America 3� City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 3 2.3 TERMINATION. GOVERNMENT may terminate this Lease in whole or in part at any time after September 30, 2012 by giving at least ninety (90) days' notice in writing to CITY; and no rental shall accrue after the effective date of termination. ARTICLE 3 – RENTAL RATE GOVERNMENT shall pay CITY annual rent of $2,160 (Two thousand one hundred sixty dollars and zero cents) at the rate of $540 (Five hundred forty dollars and zero cents) per quarter in arrears commencing on the Effective Date. Rent for a lesser period shall be prorated. Payment shall be made without demand by electronic funds transfer (EFT — direct deposit) payable to: City of Seward, Kenai Peninsula Borough, State of Alaska. Payments shall be made by: U.S. Army Corps of Engineers Finance Center (CEFC -AO), 6830 Integrity Drive, Millington, TN 38054 -5045. Billing inquires or invoices should be directed to the Finance and Accounting Officer, U.S. Army Engineer District, Alaska, P.O. Box 6898, JBER, Alaska 99506 -0898. 3.2 CENTRAL CONTRACTOR REGISTRATION (CCR). a. In order to do business with the United States of America, CITY acknowledges the requirement that must be registered with un and Bradstreet and m the CCR database prior to award, during performance, and through final payment of any contract entered into with GOVERNMENT. To remain active, insuring prompt payment of rent, CITY is required to update, or renew, its registration annually. Rental payments cannot be processed to CITY without an active CCR. No change of ownership of the Leased premises will be recognized by GOVERNMENT until the new owner registers in the CCR system. b. CITY shall enter in the appropriate block, on the GSA Form 3518, entitled Representations and Certifications, the legal entity's name and address, followed by the DUNS or DUNS +4 number that identifies CITY's name and address exactly as stated in the Lease. The DUNS number will be used by GOVERNMENT to verify that CITY is registered in the CCR database. c. If CITY does not have a DUNS number, it shall contact D &B directly to obtain one. (1) CITY may obtain a DUNS number by calling D &B at 1- 866 - 705 -5711 or via the Internet at http: / /www.dnb.com. (2) CITY should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business as, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. City of Seward: / United States of Americ 3� City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 4 (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). d. If CITY does not become registered in the CCR database in the time prescribed by the Government, rental payments to CITY will be delayed until such registration is completed. e. Processing time, which normally takes 48 hours, should be taken into consideration when registering. CITY is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from GOVERNMENT'S reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, CITY is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this Lease and is not a substitute for a properly executed contractual document. (1) If CITY has legally changed its business name, "doing business as" name, or division name (whichever is shown on the Lease), or has transferred the assets used in performing the contract, CITY shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Government Contracting Officer a fully revised and initialed/signed GSA Form 3518, entitled Representations and Certifications, along with written notification of its intention to (A) change the name in the CCR database; and (B) provide the Government with sufficient documentation to verify and confirm the legally changed name or change in ownership. (2) If CITY fails to comply with the requirements of paragraph g.(1) of this clause, or fails to perform the agreement at paragraph g.(1)(B) of this clause, and, in the absence of a properly executed novation or change -of -name agreement, the CCR information that shows CITY to be other than CITY indicated in the Lease will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Lessor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the CCR database. Information provided to the Lessor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Lessor will be considered to be incorrect information. g. CITY may obtain information on registration and annual confirmation requirements via the internet at http: / /www.ecr.gov or by calling 1- 888 - 227 -2423, or 269 -961 -5757. 3.3 ELECTRONIC FUNDS TRANSFER PAYMENT. City of Seward: / United States of America -6- 13 City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 5 a. GOVERNMENT will make payments under this Lease by electronic funds transfer (EFT), unless otherwise waived (for hardship or tracking reasons of CITY). CITY must, no later than 30 days before the first payment: (1) Designate a financial institution for receipt of EFT payments. (2) Submit this designation to GOVERNMENT or other GOVERNMENT official, as directed. b. CITY must provide the following information: (1) The American Bankers Association 9 -digit identifying number for Automated Clearing House (ACH) transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (2) Number of account to which funds is to be deposited. (3) Type of depositor account ( "C" for checking, "S" for savings). (4) If CITY is a new enrollee to the EFT system, CITY must complete and submit UFC- DISB -4 (Direct Deposit Authorization Form), before payment can be processed. c. If CITY, during the performance of this contract, elects to designate a different financial institutinn for the receipt of any payment, the appropriate GQVMNMF-Na official must receive notice of such change and the required information specified above no later than 30 days before the date such change is to become effective. d. The documents furnishing the information required in this clause must be dated and contain the: (1) Signature, title, and telephone number of CITY or CITY's authorized representative. (2) CITY's name. (3) Lease number. e. CITY's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 3.4 RENTAL ADJUSTMENTS. The annual rental payment shall be adjusted on July 1, 2015, and on the same date every five years thereafter (each a "Rental Adjustment Date "). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value of the Premises at the highest and best use of the Premises. The highest and best use of the Premises shall be determined without regard to GOVERNMENT'S intended or actual use of the Premises unless that use is coincidentally the highest and best use of the Premises. CITY shall complete such appraisal and deliver a copy of the appraisal report to GOVERNMENT not less than ninety (90) days before each Rental Adjustment Date. 3.5 PROCEDURE FOR RENTAL ADJUSTMENT. a. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Premises in accordance with this Article 3, exclusive of improvements placed thereon by City of Seward: / United States of America 1 I L I City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 6 GOVERNMENT but inclusive of all improvements made by CITY (including those made before or subsequent to this Lease). The appraiser's report shall be delivered to GOVERNMENT not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Premises shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless GOVERNMENT objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, GOVERNMENT shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and GOVERNMENT shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at GOVERNMENT'S expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. b. If GOVERNMENT'S appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20 %), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If GOVERNMENT'S appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20 %), then, unless CITY and GOVERNMENT agree on a rate themselves, the adjusted annual rental rate of the Premises shall be determined in accordance with the Contract Disputes Act of 1978, or if both parties agree, by arbitration as provided for in Article 16 of this Lease. 3.6 EFFECT OF LATE APPRAISAL BY CITY. If for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to GOVERNMENT ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to GOVERNMENT at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to GOVERNMENT. 3.7 APPRAISAL BY GOVERNMENT. If for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the GOVERNMENT by the Rental Adjustment Date, GOVERNMENT may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at GOVERNMENT'S expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, GOVERNMENT must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of GOVERNMENT'S election to obtain an appraisal. If CITY objects to GOVERNMENT'S appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to GOVERNMENT of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. if the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by GOVERNMENT'S appraisal by no more than twenty percent (20 %), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from GOVERNMENT'S appraisal by more than twenty percent (20 %), then, unless CITY and GOVERNMENT agree on a rate themselves, the adjusted annual rental rate of the Premises shall be determined in City of Seward: / United States of America(/ City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 7 accordance with the Contract Disputes Act of 1978, or if both parties agree, by arbitration as provided for in Article 16 of this Lease. 3.8 EFFECTIVE DATE OFADJUSTED RENTAL RATE. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to GOVERNMENT no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to GOVERNMENT, the adjusted rental rate shall be effective beginning with the next rental payment due date immediately following the date CITY delivers the appraisal report to GOVERNMENT. Notwithstanding the above, the exercise by either CITY or GOVERNMENT of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone GOVERNMENT's obligation to pay rent at the rate established by CITY. GOVERNMENT shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to GOVERNMENT, to the Rental Adjustment Date. In either case, the adjusted annual rental rate and effective date shall be memorialized by a supplemental agreement to this Lease. 3.9 PROMPT PAYMENT. a. The GOVERNMENT will make payments under the terms and conditions specified in this Article 3, and in accordance with the Prompt Payment Act (31 U.S.C. §3901). Payment. shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. b. Payment due date: Rent shall be paid quarterly in arrears and will be due on the first workday of each quarter, and only as provided for by the Lease. c. In the event there should be payments other than rent, the due date for making such payments shall be the later of the following two events: (1) The 30th day after the designated billing office has received a proper invoice from CITY. (2) The 30th day' after GOVERNMENT acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after CITY's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or CITY compliance with contract requirements. C. Invoice and inspection requirements for payments other than rent. (1) CITY shall prepare and submit an invoice to the designated billing office after completion of the work or service. A proper invoice shall include the following items: (i) Name and address of CITY. (ii) Invoice date. City of Seward: / United States of America "nub .3!s;- City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 8 (iii) Lease number. (iv) GOVERNMENT's order number or other authorization. (v) Description, price, and quantity of work or services delivered. (vi) Name and address of CITY official to whom payment is to be sent (must be the same as that in the remittance address in the Lease or the order). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) GOVERNMENT will inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7 -day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new invoice or notification. In either case, CITY is not entitled to any payment or interest unless actual acceptance by GOVERNMENT occurs. (lAn interest penalty shall be paid automatically by GOVERNMENT, without request from CITY, if payment is not made by the due date. (2) Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the Contract Disputes Act of 1978 (41 U.S.C. §7101 et seq).. ARTICLE 4 — USE OF PREMISES 4.1 USE OF PREMISES. CITY has limited land available for Lease. Use of the Premises by GOVERNMENT for a marine dispatch building, and uses necessary and incidental thereto, has been determined by the City Council of the City of Seward to be in the public interest. 4.2 OBLIGATIONS OF GOVERNMENT. GOVERNMENT may use the Premises only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a. The Premises shall be completely cleaned and restored to its original condition upon termination of this Lease that is, the condition existing prior to any operations by GOVERNMENT under this or any prior agreement, or in better condition, subject to the exceptions to restoration stated in Article 7 of this Lease. b. GOVERNMENT agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Premises except as permitted in Article 18 of this Lease. c. GOVERNMENT shall not use the Premises in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d. GOVERNMENT shall use the Premises only for the uses described in Section 4.1. A marine dispatch building shall be constructed and operated by GOVERNMENT on the Premises by September 30, 2013. City of Seward: / United States of America -�N/ -2�k City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 9 e. A site plan, attached as Exhibit B, has been submitted and approved by CITY. Any changes to this site require CITY approval, through the City Manager, prior to additional construction. GOVERNMENT's failure to obtain CITY approval of any changes to the site development plan or GOVERNMENT's failure to install the improvements according to the site development plan shall be a GOVERNMENT Act of Default under this Lease. GOVERNMENT shall pay for installation of all utilities in accordance with Article 5 of this Lease. f. GOVERNMENT shall not allow any camping or overnight lodging on the Premises. g. GOVERNMENT shall, at all times, maintain its use and operations within the boundaries of the Premises. There is no parking allowed near the Premises other than paid permit parking in designated areas. 4.3 OBLIGATIONS OF CITY. a. Subordination, Nondisturbance and Attornment. (1) CITY warrants that it holds such title to or other interest 'in the premises and other property as is necessary to GOVERNMENT's access to the premises and full use and enjoyment thereof in accordance with the provisions of this Lease. GOVERNMENT agrees, in consideration of the warranties and conditions set forth in this clause, that this Lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self - operative and that no further instrument shall be required to effect the present or subsequent subordination of this Lease. GOVERNMENT agrees, however, within twenty (20) business days next following GOVERNMENT's receipt of a written demand, to execute such instruments as CITY may reasonably request to evidence further the subordination of this Lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by CITY if such easement does not interfere with the full enjoyment of any right granted GOVERNMENT under this Lease. (2) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of GOVERNMENT under this Lease so long as GOVERNMENT is not in default under this Lease. CITY will include in any future mortgage, deed of trust or other security instrument to which this Lease becomes subordinate, or in a separate nondisturbance agreement, a provision to the foregoing effect. CITY warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to GOVERNMENT promptly upon demand. (3) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, GOVERNMENT will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of CITY under this City of Seward: / United States of America / 3-1 City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 10 Lease, so as to establish direct privity of estate and contract between GOVERNMENT and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the Lease had initially been entered into between such purchasers or transferees and GOVERNMENT; provided, fiuher, that GOVERNMENT and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this Lease, or other writings, as shall be necessary to document the foregoing relationship. (4) None of the foregoing provisions may be deemed or construed to imply a waiver of GOVERNMENT's rights. as a sovereign. b. Change of Ownership: (1) If, during the term of this Lease, including any renewals or extensions, title to the Premises is transferred to another party either by sale, foreclosure, condemnation, assignment, or other transaction, CITY (transferor) shall promptly notify GOVERNMENT of said transfer. The following information shall accompany such notification: (i) A copy of the deed or other appropriate instrument transferring title or sufficient interest to Lease to the Premises from the transferor to the new owner. (ii) a new owners taxidentification or social security number. (iii) The new owner's DUNS number and verification of CCR registration (2) The foregoing information must be received not later than twenty (20) days after the effective date of transfer of title. In any instance, failure to submit the documentation required for a transfer of title will result in a suspension of rental payments until such time as all documentation is received by GOVERNMENT. (3) When the title to Premises leased to GOVERNMENT is transferred, a supplemental agreement shall be entered into by the old and new owners and GOVERNMENT to reflect such change of ownership. c. Assignment of Claims. (1) CTTY, under the Assignment of Claims Act, as amended, 31 USC §3727, may assign its rights to be paid amounts due or to become due as a result of the performance of this Lease to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (2) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this Lease, and Assignment of Claims, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this Lease. (3) Subject to the applicable law and the ordinances of the City of Seward, CITY shall not furnish or disclose to any assignee under this Lease any classified document (including this Lease) or information related to work under this Lease, that has City of Seward: / United States of America �((1 31 City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 11 been clearly designated as classified in writing, until GOVERNMENT authorizes such action in writing. 4.4 DAMAGES. a. Any liability of GOVERNMENT for property damage, personal injury, or death shall be governed by the Federal Tort Claims Act (FICA), 28 U.S.C. §2671 et seq. GOVERNMENT shall not be liable for any loss, destruction or damages to the premises beyond the control and without the fault or negligence of GOVERNMENT, including but not restricted to, acts of nature, lightning, earthquakes, floods, or severe weather and acts of war or terrorism. b. Any requirement for the payment or obligation of funds by GOVERNMENT under this Lease shall be subject to the availability of appropriated funds, and no provision herein shall be interpreted to require obligation or payment of funds in violation of the Anti - Deficiency Act, 31 U.S.C. §1341. GOVERNMENT's liability under this clause may not exceed appropriations available for such payment and nothing contained in this Lease may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights CITY may have to make a claim under applicable laws for any other damages than provided herein. Except as provided in Section 4.1, this Lease does not grant to GOVERNMENT any exclusive rights to use any public port facilities. GOVERNMENT will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and GOVERNMENT shall not be entitled to any exclusive use. 4.6 ADEQUACY OF PUBLIC FACILITIES. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by GOVERNMENT, and GOVERNMENT has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by GOVERNMENT. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.7 RESERVED. 4.8 TIME FOR PAYMENT OF UTILITIES. GOVERNMENT will pay for utilities related to operations on the Premises including, but not limited to, water, sewer, electric, and waste disposal services, and GOVERNMENT's interest in this Lease and improvements thereon, if any, before such obligations become delinquent; provided that GOVERNMENT may, in good faith and before such delinquency, contest any such charge or assessment. 4.9 OTHER USES. This Lease shall not preclude the CITY from actively seeking other and additional tenants for space including those who would be in competition with GOVERNMENT or who might be interested in leasing the Premises should this Lease be terminated for any reason. 4.10 MUTUALITY OF OBLIGATION. City of Seward: / United States of America TV4 16 al� City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 12 The obligations and covenants of CITY, and GOVERNMENT'S obligation to pay rent and other GOVERNMENT obligations and covenants, arising under or related to this Lease, are interdependent. Either party may, upon issuance of and delivery to the other party of a final decision regarding a claim against the other party, set off such claim, in whole or in part, as against any payment or payments then or thereafter due under this Lease. No set off pursuant to this clause shall constitute a breach of this Lease. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 UTILITIES. GOVERNMENT, at GOVERNMENT's sole cost and expense, shall provide for the extension of public utilities to the Premises sufficient for GOVERNMENT's intended operations. In so doing, GOVERNMENT shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist GOVERNMENT, through consultation and review, in GOVERNMENT's planning and engineering of those improvements. All utilities will be located and sized in accordance to the City of Seward's Master Plan for the area Leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by GOVERNMENT within the public right -of -ways or within public utility easements will normally be accepted and maintained by CITY or other utility compatir, and may be used to serve other eustomers of GOVERNMENT's without payment of fees or reimbursement of construction cost to GOVERNMENT. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install- special fittings or equipment in order to serve other existing or future users. The additional direct costs of such over - sizing shall be borne by CITY or other party. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of over - sizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the over -sized material required by CITY or utility company. GOVERNMENT shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by GOVERNMENT with respect to any required permits for construction or operation of GOVERNMENT's facilities on the Premises, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by GOVERNMENT. 5.2 WARRANTY. CITY certifies any utilities up to the property line of the Premises to be in good serviceable and operating condition. 5.3 THIRD -PARTY IMPROVEMENTS. a. At the request of GOVERNMENT, CITY shall, from time to time, execute and deliver, or join in execution and delivery of: such documents as are appropriate, necessary, or required to impose upon the Premises in accordance with the terms of this Lease covenants, conditions and restrictions providing for the granting of uses of the Premises, or any part thereof: the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements "), all of which are for the purpose of the orderly development of the Premises as a commercial unit subject, however, to the conditions that follow: City of Seward: / United States of America /. 'A b City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 13 b. All such matters shall be limited to the Lease Term and shall terminate upon termination of this Lease for whatever reason. c. Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefore, and the cost and expense thereof shall be borne solely by GOVERNMENT. d. At the expiration of the Lease Term (including any extended period) third -party improvements on the Premises other than portable equipment shall become the property of CITY without the payment of any compensation to GOVERNMENT. 5.4 EASEMENTS. In order to provide for the orderly development of the Premises and adjacent lands, it may be necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Premises. As additional consideration for this Lease, CITY and GOVERNMENT each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of CITY land for the purpose of dedications and similar rights do not unreasonably interfere with GOVERNMENTIs operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to GOVERNMENT by CITY need not be exclusive to GOVERNMENT. ARTICLE 6 - CONSTRUCTION BY GOVERNMENT 6.1 IMPROVEMENTS ON PREMISES. GOVERNMENT shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and/or replace buildings and other improvements on the Premises, subject to the following conditions: a. The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by GOVERNMENT. b. The Premises shall at all times be kept free of mechanic's and material men's liens. c. GOVERNMENT shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Premises prior to commencement of construction. d. GOVERNMENT is solely responsible for resurveying and locating improvements on the Premises in such manner so as not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, GOVERNMENT shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Premises. City of Seward: / United States of America / L-k City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 14 e. GOVERNMENT acknowledges that the Premises may be in a coastal high hazard area, and that construction in this area may be limited or restricted. f. CITY may, as contemplated by Alaska Statutes, give notice of non - responsibility for any improvements constructed or effected by GOVERNMENT on the Premises. g. GOVERNMENT shall comply with all federal, state and local statutes and regulations with respect to such construction, including but not limited to all applicable building, mechanical, and fire codes. No permanent construction is allowed in any easement. 6.2 CITY REVIEW OF CONSTRUCTION. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof; and any future changes or additions to GOVERNMENT's facilities on the Premises, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require GOVERNMENT to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so or any obligation to do so in a particular way. GOVERNMENT shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. GOVERNMENT shall be solely responsible for completing all improvements according to GOVERNMENT's plans and specifications and shall bear- all fisk., mspensib4lity, and liability for pr-eperly surveying the F-ra-MR-seNs, construction and to place all improvements on the Premises without encroaching upon any rand, easements, rights -of -way, or setback requirements. GOVERNMENT shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND /SITE 7.1 RETURN OF PREMISES IN ORIGINAL CONDITION. Subject to the provisions of Article 12.1 herein, upon termination of this Lease for any reason, GOVERNMENT shall return the Premises to CITY in the same condition as at the commencement of this Lease, subject to normal, non - abusive use. The Premises shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during GOVERNMENT's operations or use of the Premises during this Lease. Prior to the expiration or termination of this Lease, or a reasonable time thereafter, GOVERNMENT shall restore the Premises to the same condition as that existing at the time of entering into the Lease. However, in accordance with Article 12 of this lease, GOVERNMENT shall retain the right to dispose of all permanent improvements placed on the land by sale or abandonment. 7.2 RETURN OF PREMISES INDIFFERENT CONDITION. Notwithstanding the provisions of Section 7.1 and 12.1 herein, upon termination of this Lease for any reason GOVERNMENT may return the Premises in a re- contoured or graded clean, safe, and stable condition different from its original condition provided CITY grants written approval of GOVERNMENT's plans for development of the Premises' contours, including its plans for material extraction and final grade. 11 CST sEa01)tWO - M*1J City of Seward: / United States of America TmiL y;k City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 15 In the event either GOVERNMENT or CITY is delayed, without fault or negligence of the party, from performance of any of its obligations under this Lease due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake /tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - GOVERNMENT'S ACTS OF DEFAULT Each of the following shall be a "GOVERNMENT Act of Default" under this Lease and the terms "acts of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: a. Failure by GOVERNMENT to pay promptly when due the rent required to be paid under this Lease, subject to the Prompt Payment Act as referenced in Article 3.9. b. Failure by GOVERNMENT to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this Lease for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to GOVERNMENT by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, "shall not constitute an act of default if corrective action is instituted by GOVERNMENT within the applicable period and diligently pursued until the default is corrected. c. Reserved. d. GOVERNMENT's failure to comply with any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska or of the United States Government applicable to GOVERNMENT' use of the Premises, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such non - compliance has been given by the agency charged with the enforcement of such laws, regulations or permits to GOVERNMENT; provided, however, if such non- compliance be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by GOVERNMENT within the applicable period and diligently pursued until the GOVERNMENT is in compliance. Furthermore, if GOVERNMENT shall contest such alleged non - compliance through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of GOVERNMENT. e. Failure of GOVERNMENT to construct and operate a marine dispatch building by September 30, 2013. f. Failure of GOVERNMENT to maintain its operations within the Premises or to keep the public rights of way clear. g. Failure to promptly pay when due any user, wharfage, or other charges by City of Seward and associated with the Seward Small Boat Harbor. City of Seward: / United States of Americ 7�� City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 16 h. Reserved. i. Use of the Premises, or any portion of the Premises, for camping or overnight lodging. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE 10.1 RIGHTS OF CITY Whenever an act of default by GOVERNMENT shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights, to the extent that they are consistent with the Contract Disputes Act (41 U.S.C. §7101 et seq.) and Article 16 of this Lease: a. CITY may declare this Lease terminated; b. Recover all damages incurred by CITY by reason of GOVERNMENT's default or breach to the extent allowable under applicable law, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting including costs of necessary renovation and alteration of the Premises, and any real estate commissions actually paid. C. Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and --- .- - - - - -- r-ecover-all- costs - and_ expense_ incurr _ed_b_y- CIT- Y- to- r-emoue_ violating- impr-ouements.-- .— _._.— __..___ 10.2 SURRENDER OF PREMISES. If GOVERNMENT does not immediately surrender possession of the , Premises after termination by CITY or upon demand by CITY, CITY may forthwith enter into and upon and repossess the Premises and expel GOVERNMENT without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.3 NO TERMINATION OF OBLIGATION TO PERFORM. No expiration or termination of this Lease shall expire or terminate any liability or obligation to perform of GOVERNMENT's which arose prior to the termination or expiration except insofar as otherwise agreed to in this Lease. 10.4 RIGHTS CUMULATIVE. Each right and remedy of CITY provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this Lease or now or thereafter existing at law, or in equity or by statute or otherwise. 10.5 NO WAIVER OF RIGHT. No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11- DEFAULT BY CITY DURING THE TERM City of Seward: / United States of America �/ y� City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 17 11.1. DEFAULT BY CITY. Each of the following shall constitute a default by CITY under this Lease: a. Failure to perform any requirement of this Lease as and when required provided any such failure shall remain uncured for a period of thirty (30) days next following CITY's receipt of notice thereof from GOVERNMENT. b. Repeated and unexcused failure by CITY to comply with one or more requirements of this Lease shall constitute a default notwithstanding that one or all such failures shall have been timely cured pursuant to this clause. 11.2 TERMINATION FOR DEFAULT. If a default by CITY occurs, GOVERNMENT may, upon 30 days' notice to CITY, terminate this Lease. ARTICLE 12 - TITLE TO IMPROVEMENTS INSTALLED BY GOVERNMENT 12.1 REAL PROPERTYIMPROVEMENTS. All improvements constructed by GOVERNMENT on the Premises, such as buildings, foundations, electric or other utilities, ditches, sewer lines, water lines, dikes or berms and similar improve ments, shall remain the property of GOVERN u pon ter mination of this i.,ease zor any reason, and (AJ VERNMENT shall retain the right to dispose of any improvements by either sale or disposal.. 12.2 REMOVAL OFPERMANENTREALPROPERTYIMPROVEMENTS GOVERNMENT, upon termination of this Lease for any reason, shall not be required to remove or pay removal costs for any permanent real property improvements placed on the property by GOVERNMENT during the term of the lease. However, nothing herein shall be interpreted to preclude any supplemental agreement for removal or payment of removal costs. 12.3 PERSONAL PROPERTY. Upon termination of this Lease for any reason other than default by GOVERNMENT, and subject to CITY's consent at such time, GOVERNMENT may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the Lease, trade fixtures and equipment from the Premises provided that GOVERNMENT shall repair any damages to the Premises caused by such removal. ARTICLE 13 - ASSIGNMENT OR SUBLEASE 13.1 ASSIGNMENT OF LEASE OR SUBLEASING. The parties recognize that this Lease has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the Lease are personal to GOVERNMENT and CITY has granted the Lease in reliance upon the individual character and financial capability of GOVERNMENT. Therefore, GOVERNMENT shall not assign this Lease without CITY's prior written consent, in CITY's sole discretion. GOVERNMENT may not sublease all or any portion of the Premises or buildings or improvements located thereon. 13.2 ASSIGNMENT OF LEASE FOR SECURITY. City of Seward: / United States of America TM LJ, City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 18 Notwithstanding Section 12.1 above, GOVERNMENT may assign, encumber or mortgage its interest in this Lease or improvements on the Premises, by deed of trust or other security instrument, to an institutional lender ( "Lender) for development of or operations on the Premises, provided that Lender shall be subject to all obligations of GOVERNMENT under the terms of this Lease upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of GOVERNMENT under this Lease. Lender shall have the right (without being required to do so and without thereby assuming the obligations of GOVERNMENT under this Lease) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "GOVERNMENT Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided. a. If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this Lease or re -let the Premises unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b. If the default for which notice is given is a breach of Article 10.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as GOVERNMENT or Lender remains in possession of the Premises and satisfies - -- GOVERNMENT's- obligations under the - terms ofthis Lease. -U ponforeclosur-e -or- other-- --- ---- — -- - assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser or transferee shall remain bound by each and every term of this Lease. 13.3. ASSIGNMENT TO AFFILL4TE. Notwithstanding Section 12.1 above, GOVERNMENT may assign this Lease to an affiliate of GOVERNMENT as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which GOVERNMENT maintains a substantial membership interest; provided, however, that GOVERNMENT's full faith and credit shall remain obligated under this Lease as though the assignment had not taken place. ARTICLE 14 - INSURANCE Inasmuch as GOVERNMENT is a sovereign entity, it is self - insured; and as such, is not required to carry liability or any other type of commercial insurance. Any claim against the GOVERNMENT shall be submitted in accordance with the appropriate federal regulation befitting the nature of the claim. ARTICLE 15 - CONDEMNATION 15.1 CLAIMS. If all or any part of the Premises is condemned for a public use by any government agency or other duly authorized entity, CITY and GOVERNMENT shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither GOVERNMENT nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of GOVERNMENT's Leasehold interest, CITY shall transmit to GOVERNMENT the amount of such specific damages so found, if any. City of Seward: / United States of America TIA I wim City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 19 15.2 TERMINATION. If part but not all of the Premises is condemned for public use, GOVERNMENT shall make a good faith determination as to whether or not the taking of the part of the Premises designated for condemnation will prevent it from continuing to operate on. the Premises. If GOVERNMENT determines in good faith that the condemning of such part of the Premises will prevent it from continuing to operate on the Premises, GOVERNMENT may notify CITY in writing to this effect, and this Lease shall then be terminated for all purposes effective fifteen (15) days from the date GOVERNMENT sends such notice to CITY, or at such other later date as GOVERNMENT shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this Lease. GOVERNMENT shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Premises is subject. If at the time of such partial taking for public use, GOVERNMENT determines that such partial taking will not prevent it from continuing to operate,- then GOVERNMENT and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when GOVERNMENT is effectively prevented from utilizing the condemned land. ARTICLE 16 — DISPUTES 16.1 CONTRACT DISPUTES ACT. This Lease is subject to the Contract Disputes Act of. 1978, as amended (41 U.S.0 §7101 et.seq.). Except as provided in the Act, all disputes arising under or relating to this Lease shall be resolved under this Article 16, 16.2 CLAIMS. "Claim," as used in this Article 16, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by CITY seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this Article 16, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. a. A claim by CITY shall be made in writing and, unless otherwise stated in this Lease, submitted within 6 years after accrual of the claim to GOVERNMENT for a written decision. A claim by GOVERNMENT against CITY shall be subject to a written decision by GOVERNMENT. (1) CITY shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (2) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (3) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflect the contract adjustment for which the City of Seward believes the United States of America is City of Seward: / United States of Americ City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 20 liable; and that I am duly authorized to certify the claim on behalf of the City of Seward." b. The certification may be executed by any person duly authorized to bind CITY with respect to the claim. 16.3 DATE OF DECISION. For CITY claims of $100,000 or less, GOVERNMENT must, if requested in writing by CITY, render a decision within 60 days of the request. For CITY - certified claims over $100,000, GOVERNMENT must, within 60 days, decide the claim or notify CITY of the date by which the decision will be made. GOVERNMENT's decision shall be final unless CITY appeals or files a suit as provided in the Act. 16.4 ALTERNATE DISPUTE RESOLUTION. ARBITRATION. a. If the claim by CITY is submitted to GOVERNMENT or a claim by GOVERNMENT is presented to CITY, the parties may, by mutual consent, agree to use an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. M.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than Fifty Thousand Dollars and No /100s ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than Fifty Thousand Dollars and No /100s ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than Fifty Thousand Dollars and No /100s ($50,000). All such claims over $50,000 will be resolved pursuant to the aforementioned Contract Disputes. Act. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b. Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this Lease, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c. Written notice of requests for arbitration of disputes may be served by either party to this Lease upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long -term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. City of Seward: / United States of America / y� City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 21 d. Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e. In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. 16.5 INTEREST PAYMENT. GOVERNMENT shall pay interest on the amount found due and unpaid from (1) the date that GOVERNMENT receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that GOVERNMENT initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which GOVERNMENT receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. 16.6 PERFORMANCE OF LEASE. CITY and GOVERNMENT shall proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under the Lease. ARTICLE 17 - MAINTENANCE AND REPAIRS 17.1 NORMAL MAINTENANCE. During the entire term of this Lease and every extension hereto, if any, GOVERNMENT shall, at GOVERNMENT's sole cost, risk and expense, maintain the Premises, including any improvements placed thereon by GOVERNMENT, in as good condition as received or constructed by GOVERNMENT, subject to normal, non - abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by GOVERNMENT, perform maintenance and preventative work on the Premises, exclusive of improvements placed thereon by GOVERNMENT, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Premises for eventual development by GOVERNMENT or others by grading, filling or contouring the Premises. Any such work performed by CITY shall be at CITY's sole expense and risk unless GOVERNMENT agrees, in advance and in writing, to share such expense and risk. GOVERNMENT shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Premises. 17.2 SAFETYISSUES. CITY may notify GOVERNMENT in writing of any deficiencies in the performance of GOVERNMENT's maintenance responsibilities as they relate to public health or safety and GOVERNMENT shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of GOVERNMENT's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the City of Seward: / United States of America MI&I 4°\ City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 22 repairs, then CITY may engage an independent engineering consultant well- versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then GOVERNMENT shall pay the cost of the report and perform such work in accordance therewith at GOVERNMENT's cost, risk and expense, subject to availability of Congressional appropriation of funds. 17.3 COST OF REPAIRS: a. Should GOVERNMENT dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary, then GOVERNMENT may either deduct from future rental payments the cost of such repairs and report or be reimbursed therefore. b. If any facility or service provided by CITY to the Premises shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in GOVERNMENT's use of the ,Premises or operations there from, GOVERNMENT shall either construct such improvements at GOVERNMENT's own cost or reimburse CITY for such work, subject to availability of funds from Congressional appropriation. 17.4 FIRE AND CASUALTYDAMAGE. If the entire premises are destroyed by fire or other casualty, this Lease will immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by GOVERNMENT, GOVERNMENT may terminate the Lease by giving written notice to CITY within 15 calendar days of the fire or other casualty; if so terminated, no rent will accrue to CITY after such partial destruction or damage; and if not so terminated, the rent will be reduced proportionately by supplemental Lease agreement hereto effective from the date of such partial destruction or damage. Nothing in this Lease shall be construed as relieving CITY from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of CITY. ARTICLE 18 - ENVIRONMENTAL CONCERNS 18.1 HAZARDOUS MATERIALS. a. Condition of Site. GOVERNMENT has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the Premises in "as is" condition. GOVERNMENT may elect, at GOVERNMENT's sole cost, to conduct a baseline soils test prior to execution of this Lease. b. Release of CITY. Any other provision of the Lease to the contrary notwithstanding, GOVERNMENT releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this Lease, and resulting from the use, keeping, storage or disposal of Hazardous Materials on the Premises by GOVERNMENT or arising from GOVERNMENT's operations at the Premises except for those claims City of Seward: / United States of America / City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 23 arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Premises or any cleanup, removal or restoration mandated by a federal, state ' or local agency or political subdivision or by law or regulation. c. Use of Hazardous Materials on the Site. (1) GOVERNMENT shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises except for such Hazardous Material as is necessary to conduct GOVERNMENT's authorized use of the Premises. (2) Any Hazardous Material permitted on the Premises as provided in this paragraph, and all containers therefore, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. (3) GOVERNMENT shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Premises or elsewhere; or (b) condition, use or enjoyment of the Premises or any other area or personal property. (4) GOVERNMENT hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Premises by GOVERNMENT, its authorized representatives and invitees, and GOVERNMENT shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d. Damages. CITY may file a claim pursuant to Article 16 of this Lease from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: (1) The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Premises, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; (2) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Premises; (3) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Premises; and/or (4) Any violation of any laws applicable thereto; provided, however, that this Section 18 .1 (d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur prior to or during the term of this Lease; and (2) arise in whole or in part from the use of, operations on, or activities on the Premises by GOVERNMENT or GOVERNMENT's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other City of Seward: / United States of America P�/K/ City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 24 persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities GOVERNMENT may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease. e. Operator. For all purposes, GOVERNMENT shall be deemed the operator of any facility on the Premises. f. Hazardous Material Defined. As used in this Lease, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are deemed as industrial waste hazardous waste, extremely hazardous waste or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this Lease, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g. Environmental Law Defined. As used in this Lease, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. §9601 et seq.), and the Clean Water Act (33 U.S.C. §1251 et seq.) 18.2 PERMITS AND REPORTING. a. Permits Required by Other Governmental Agencies. GOVERNMENT shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to GOVERNMENT commencing work under this Lease. GOVERNMENT shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. CITY, through the City Manager, may order GOVERNMENT to immediately cease any operations or activities on the Premises if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this Lease. b. Correspondence With and Reports to Environmental Agencies. GOVERNMENT shall immediately provide CITY with copies of all correspondence and notices, including copies, of all reports between GOVERNMENT and any state, federal or local government or agency regulating Hazardous Material which relate to GOVERNMENT's operations on or use of the Premises. ARTICLE 19 - ESTOPPEL CERTIFICATES /STATEMENT OF LEASE 19.1 REQUESTS FOR STATEMENTS OF LEASE Either party shall at any time and from time to time upon not less than thirty (30) days' prior written request by the other party and a prospective lender or purchaser of the Premises, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing City of Seward: / United States of America ZW/ City of Seward Resolution No, Lease No. DACA85 -5- 1100064 Page 25 certifying that the same is issued subject to the conditions stated in this clause and, if such is the case, that (1) the Lease and its amendments, if any, are in full force and effect; (2) the date to which the rent and other charges have been paid in advance, if any; and (3) whether any notice of default has been issued. 19.2 CONDITIONS FOR STATEMENTS OF LEASE Statements issued by GOVERNMENT pursuant to this Article are subject to the following conditions: a. That they are based solely upon a reasonably diligent review of GOVERNMENT's Lease file as of the date of issuance; b. That GOVERNMENT shall not be held liable because of any defect in or condition of the Premises; c. That GOVERNMENT does not warrant or represent that the Premises comply with applicable Federal, State and local law; d. That CITY, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable pre - purchase and pre - commitment inspection of the Premises by inquiry to appropriate Federal, State and local Government officials; and e. That such statement shall be certified by the appropriate Contracting Officer having authority to so do. ARTICLE 20 - CONDITIONS AND COVENANTS All the provisions of this Lease shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 21- NO WAIVER OF BREACH No failure by either CITY or GOVERNMENT to insist upon the strict performance by the other of any term, covenant or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach; shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this Lease, but each and every term, covenant and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 22 - TIME OF THE ESSENCE Time is of the essence of this Lease and of each provision. ARTICLE 23 - COMPUTATION OF TIME The time in which any act provided by this Lease is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. ARTICLE 24 — SUCCESSORS BOUND City of Seward: / United States of America 7�Y 4(. 51 City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 26 Each and all of the terms, covenants and conditions in this Lease shall bind, and inure to the benefit of, CITY and GOVERNMENT and their respective heirs, executors, administrators, successors, and assigns. ARTICLE 25 — INTEGRATED AGREEMENT THIS LEASE, UPON EXECUTION, CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE MATTERS COVERED BY THIS LEASE; AND NO PRIOR WRITTEN OR ORAL AGREEMENT, EXPRESS OR IMPLIED, SHALL BE ADMISSIBLE TO CONTRADICT THE PROVISIONS OF THE LEASE.ARTICLE 26 - GOVERNING LAW This Lease shall be governed by, construed and enforced in accordance with the laws and regulations of the United States of America, the State of Alaska, and the City of Seward. In the event of any conflict between said laws and regulations, the higher authority shall prevail. ARTICLE 27 - PARTIAL INVALIDITY If any provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. ARTICLE 28 - RELATIONSHIP OF PARTIES Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and GOVERNMENT; and neither the method of computation of rent, nor any other provisions contained in this Lease nor any acts of the parties, shall be deemed to create any relationship between CITY and GOVERNMENT other than the relationship of lessee and lessor. ARTICLE 29 - EXAMINATION OF RECORDS CITY agrees that any duly authorized GOVERNMENT representative shall have the right to have access to and to examine any directly pertinent books, documents, papers, and records of CITY involving transactions related to this Lease, in connection with an official audit of this Lease, until the expiration of three (3) years after final payment of the agreed rental. This Article 29 shall not be construed as obligating CITY to maintain any books, documents, papers or records, and CITY shall not be subject to any penalty or act of default as a result of disposing or destroying CITY books, documents, papers or records pursuant to CITY's record retention policies. ARTICLE 30 - GRATUITIES TO GOVERNMENT EMPLOYEES 30.1 .GOVERNMENT MAY TERMINATE. The GOVERNMENT may, by written notice to the CITY, terminate the right of the CITY to proceed under this Lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the CITY, or any agency or representative of the CITY, to any officer or employee of the GOVERNMENT with a view toward securing a Lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such Lease, provided, that the existence of City of Seward: / United States of America ISL\ City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 27 facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. 30.2 PURSUIT OF REMEDIES. In the event this Lease is terminated as provided in paragraph 30.1 hereof, GOVERNMENT shall be entitled to pursue the same remedies against CITY as it could pursue in the event of a breach of the Lease by CITY. 30.3 RIGHTS AND REMEDIES NOT EXCL USIVE. The rights and remedies of GOVERNMENT provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Lease. ARTICLE 31- OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this Lease, or to any benefit that may arise there from; but this provision shall not be construed to extend to this Lease if made with a corporation for its general benefit. ARTICLE 32 - INTERPRETATION The language in all parts of this Lease shall in all cases be simply construed according to its fair meaning and not for or against CITY or GOVERNMENT as both CITY and GOVERNMENT have had the opportunity to seek assistance of counsel in drafting and reviewing this Lease. ARTICLE 33 - CAPTIONS Captions of the articles, paragraphs and subparagraphs of this Lease are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease. ARTICLE 34- AMENDMENT This Lease is subject to amendment in writing, agreed to and executed by both parties hereto. ARTICLE 35 - NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given the day after the time of mailing. All notices, demands and requests from GOVERNMENT to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD P.O. Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to GOVERNMENT shall be given to GOVERNMENT at the following address: City of Seward: / United States of America / �( City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 28 Department of the Army U.S. Army Engineer District, Alaska Real Estate Division (CEPOA -RE) P.O. Box 6898 JBER, Alaska 99506 -0898 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 36 — ATTACHMENTS TO LEASE The following documents are attached and hereby made part of the Lease. Exhibit A: Plat 2010 =10 Exhibit B: Site Plan City of Seward: / United States of America / S6 City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 29 IN WITNESS WHEREOF, the parties hereto have executed this Lease the dates herein set forth. CITY: GOVERNMENT: CITY OF SEWARD UNITED STATES OF AME CA Phillip Oates Acting by and through the City Manager SECRETARY OF THE ARMY Thomas M. Kretzschmar Date: Chief of Real Estate Real Estate Contracting Officer U.S. Army Engineer District, Alaska Date: ATTEST: Johanna Kinney, CMC City Clerk City of Seward: / United States of America City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 30 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2011, before me, the undersigned, allotary Public in and for the State of Alaska, personally appeared Phillip Oates, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 2nd day of August, 2011, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Thomas M. Kretzschmar, known to me and to me known to be the Chief of Real Estate of the US Army Corps of Engineers, Alaska District, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the United State of America for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year fast hereinabove written. Q . titii� uDecrib d and sworn t0 before nw NOTARY : Not Public in and for Alaska r i ' �' % PUBLIC My Commission Expires: QJ'j•.. :��'�� °�hr�rF t-Av Car�n,t mFn*w u Adz DE City of Seward: / United States of America �. City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 31 EXHIBIT A PLAT 2010 -10 S89W't8'W 47. LEGEND ejf Fo 3 114' Al. Cep Monument = - • Found Reba k At Cap LS 5152 TRACT A • Found Reber 8• PL Cop LS 7569 s a s nm • Found 518' Robor 2546 Sq. Ft � � � O Set 518x24' Reba & P/. qp LS 7569 164.69' Measured 711h Surrey (164.7Y) Recdd Data Plot 96 -28 8 I I — — — — L -- 42' to V7X/TY EASELWT R 00' 27.00 A -WW21' N895B'" ptQP0 -2629' BRG�N4456 071r DETAIL 1' =20' LOT a,( I ' MANNA SURD v (161.7Y) 164.69_ 5893824'W 1T50.02' u 6x3 (B6esW4WW 11 Soon I KI e ss sem- ro LI g l I� 1 I I I A kg L,— J " LOT 4A vIN MARWA SUBO m BLOCK 2 REPLAT i Io PuNk Porftg and f Ao asmnent Is � Seward Boat Harbor i I� t I I /* (58959 134{6') 1 saarQB'W 1J4.55' I CT ATS 174 oetan� ' �.•` eo F rJAM, OlGIOU 3265 A ' 1 1 DAZED MAY /S, 1861 � T .. �WA AY ABOL£ I ML.LW PM ALO.AA 710E PLAT APPROVAL DATA FOR MAW W 5098 MALW m 10112118e4 MA, plat Was goprowd by the Kanol Pen61sulo Borough Planning I commimion at the meethg ot. n rt, , 0 -7 Resurrection Bay City of Seward: / United States of America M IS 1 City of Seward Resolution No. Lease No. DACA85 -5- 1100064 Page 32 EXHIBIT A — CONT. WASTEWATER DISPOSAL Plans far saeovatr airoml, that most modatary requirements are an life of the Deportment of Endranmental Conservation. NOTES 1 MIS portal his abject to fine City of Sowards Z—hg and Land Use RegWatiars. 2 KPB 2 a200 (ACV too g ran ted treets) and KPB o 2a20.790 (Mhknum Lot She) by the KPB Plat Committee at the meeting of March lZ 2007. 1 Access ban this parcel to Part Avenue R.O.W. I, provided by platted PuWk Access Easement through Lot 44 block Z Marko Suba6`lakn and by Aces Agreement through Areska'Tidelands. Survey No. 174. recorded os SM 2010--001137–q. Seirard Recording Disb*L 4 file parcel may be located h a dsaknofad good hazard area If such h the ease than development must comply w/o Chapter 1525 of the Ctly of Seward lard use regtdoUane 5 No permanent structures May be cansbvoted or placed within an eassrnertf Not wove interfere wKh the ability of the utarly fo use the comment v INN.\ �''` lil - Wit I VICINITY MAP 1, " - 1 rote CER77RCATE OF OWNERSHIP AND DEDICA77ON I hereby tardy that -w are -the owmrs of-the red property shown and desertbd herwah and that vas hereby adopt this plan of subeovislan, and grant o9 easements by our /roe consent .' Photo Oaks; City Manager City of Seward 'P.O. Box 167 ns Seward 99664 FOR PA % I SUBSCRIBED D SW 10 BEFORE' ME THIS /'1 M DAY OF fUpfrr f„!r 2B rn NOT�SKA MY COMMIS9001 ENP/RES sURwYOR's cm7incyE i I hereby certify that I am prapMy rogl :tared and licensed - to practice land surveying h the Stota of Alaska this plot represents o survey made by me or under my diet! suprWon, the monuments shoat hereon actually exist as described and all dimensions and other data6s are correct to the normal standards of prctke of land surveywa in the State of Alaska. Q,�!A�Znro /�/ DATE g � Plat # _ * Mc Len; war. rnh. MARINA 'SUBDIVISION SEWARD RESORT ADD177ON A SUBDI NSION OF A POR770N OF.• - ALASKA TIDELANDS SURLY NO 174 +: ..:y PLAT NUMBER 55 LOCATED WITHIN THE NW 114 SEC77ON 3 TOWNSHIP 1 SOUTH, RANGE 1 WEST SWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT CITY OF SEWARD KENAI PENINSULA BOROUGH CLINE AND ASSOCIATES LAND SURVEYORS 416 4th A14NU£ PO BOX 2703 SEWARD. AK 99664 /onpl apt_pipa CIY� /OA'1 oaysnnn N0.: 05-59FP I KP.B. ALE * City of Seward: / United States of America L+ ID City of Seward Resolution No. Lease No. DACA85- 5- 1100064 Page 33 EXHIBIT B SITE PLAN This site plan is in substantially final form, subject to the City's building permit process and final approval by the City Manager with regard to locating utilities I 1 B: Con'' Romp I � EKISTMG i' I D I / r I - —W —_ _ W. 1µ, 9 � 6 ,_ ` s FORGED •53 �� ' • • 1 }6, W / > SANITARY ', °,� i• °• 90l e £ E i ..I'�569 / / SEWER LINE; m a � � 0 y a• 'p o —B' SANITARY SEWER o GRAVITY LINE FROM NEW Found Rebbr & Al. Cop LS5152 SMER RETAINAGE q� STRUCTURE. CONNECT To 2 'Q EXISTING SS. MANHOLE Fsisting Property Lines ON. NORTH SIDE of 4 b PUBLIC TOILET FACILITY BUILDING. (APPROX. Ball Fire Hydrant DISTANCE NORTH) v rn (ALTERNATE Or 1 FORCE MAN FULL Utility Pole. DISTANCE) 5'-O' BUILDING { �� 8956 18 V!47,00 - I 546 S posed Le se I � dT � I II m I I s3 1 (40 I a WATER MEN ml' 1 ' I q LDCATSON SEMI I ' L =31.42' �7.00_ R= 20.00' TANEC4t I _R936'18 "E PUMP i i qn � Craa+w4 Road �' 0' -0' BUILDING; SETBACK t � . inN - 8 g A 9 v 51 INN, FA 1 \ %ISTMG CAP _ — . LEGEND B Found Rebbr & Al. Cop LS5152 0 Found Reb & PI. Cop LS7569 ING • Found Rebor Fsisting Property Lines —�'- Proposed Loose Boundaries )ER � Fire Hydrant ' Sollords ' Light Pole •" Utility Pole. m relecomm Pedestal °O Woter Volve Sign l =� Electric transformer PROPOSED BUILDING AND UTILITY EXTENSIONS City of Seward: / United States of America �1 Sponsored by: City Manager CITY OF SEWARD, ALASKA RESOLUTION 2007 -013 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF SUBDIVISION OF ATS NO. 174, WITHIN THE NW '/. OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, MARINA SUBDIVISION, SEWARD RESORT ADDITION, TO CREATE A "TRACT A" WHEREAS, Cline and Associates on behalf of the Department of the Army has submitted a preliminary plat which would create "Tract A" by the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of section 3, Township 1 south, Range 1 west, Seward Meridian in Marina Subdivision, Seward Resort Addition, to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the Seward Planning and Zoning Commission approved the preliminary plat with conditions at their regular meeting January 4, 2007; and WHEREAS, the property is zoned HC, Harbor Commercial; and WHEREAS, this platting action creates a new lot known as Tract A with an area of approximately 2546 square feet; and WHEREAS, the proposed subdivision meets the requirements of Title 15, the Seward Land Use Code; and WHEREAS, the newly created lot may be leased to the Department of the Army by the City of Seward for the development of a new marine dispatch building; and WHEREAS, the proposed Tract A is currently serviced by municipal water and electric services; and WHEREAS, the property is not currently serviced by municipal sewer service and the Seward Public Works Department has stated that a modified subdivision agreement may be required for this subdivision for the provision of sewer service or be provided for in the lease agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that:. Section 1. The City Council recommends that the Kenai Peninsula Borough approve the subdivision of ATS No. 174, within the NW '/z of section 3, Township 1 South, Range l West, Seward Meridian, Marina Subdivision, Seward Resort Addition, to create a "Tract A", subject to the following conditions: a. The lessee will be responsible for provision of an access easement, as required and, �U. 6 CITY OF SEWARD, ALASKA RESOLUTION 2007 -013 engineering and installation of connection to the city sewer system; b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. Section 2. This resolution shall take effect immediately upon adoption PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12' day of February, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) ,4 7 Agenda Statement Meeting Date: February 12, 2007 Through: Marvin Yoder,, IInnte i City Manager From: D. Scott Willid�;'Interim Planner Agenda Item: Recommending Seward City Council and Kenai Peninsula Borough approval of the subdivision of ATS No. 174, within the NW '/4 of section 3, Township I South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, to create a "Tract A" BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat for the subdivision of Alaska Tideland Survey (ATS) 174, within the NW '/4 of Section 3, Township I South, Range l West, Seward Meridian, Marina Subdivision, Seward Resort Addition to form a new "Tract A." Cline and Associates, on behalf of the Department of the Army, has submitted a preliminary plat delineating the proposed subdivision. The resulting parcel will consist of an area approximately 2,546 square feet. The newly created parcel will be leased by the City of Seward to the Department of the Army for the development of a marine dispatch center and operator's apartment. The property is physically located on the southwest comer of the "Z" float and launching ramp parking lot, north of the Seward Harbor. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. Since the City of Seward is the property owner, the approval of City Council is also required for this platting action. The Seward Planning and Zoning Commission passed P &Z Resolution 2006 -25 at their January 4th, 2006 meeting, which recommended approval of the preliminary platting action, subject to certain conditions. Subdivision Review: Z The subject property is zoned Harbor Commercial (HC). Size: The newly created Tract A will be 2,546 square feet. The lot size created by this subdivision conforms to the Seward Land Use code because there is no minimum lot size required in the Harbor Commercial zoning district. Utilities Tract A is currently connected to electrical service. Water service is also connected but ,U% 8 may not be sufficient to accommodate future uses of the intended development and will require an upgrade. Sewer service is not connected to the building and, in addition to a water service upgrade if necessary, will require a subdivision agreement or provision in the lease agreement to establish responsibility for the installation. A fire hydrant is located an acceptable distance to the north of the proposed Tract A. Existing Use: The existing use of the parcel "area" is for the Seward Resort Marina dispatch. The newly created lot will have the same use. Access: Access to the newly created Tract A will be through the north harbor parking lot via an access easement to be filed by the applicant prior to final platting. Flood Zone The newly created lot appears to be within a Coastal V Flood Zone as mapped by FEMA and is subject to further determination, and development may require a floodplain development permit, variance and elevation certificate, as may be appropriate. CONSISTENCY CHECKLIST YES NO NIA 1. Comprehensive Plan (2006) X _ The Comprehensive Plan encourages the "growth and development of efficient, functional small boat harbor that meets Seward's commercial and recreational needs." SCP 3.5. 1,1 (page 23 Vol. 1). 2. Strategic Plan (1999) X The Strategic Plan for Economic Base supports the development of undeveloped commercial property under bullet item five. (page 5) 3. Municipal Land Management Plan (MLMP) (1995) X In the "Disposal" section and subsection "Lease" of the MLMP, disposal of city-owned land is discouraged with given to preference of long -term lease(s); The Plan also cites: Parking Lot East Harbor and NE Launch Ramp (Marina Subdivision Block 1 Lot 4) A + 4 acre parcel within the Harbor Commercial district originally acquired by state tideland patent and developed from dredge fill during construction of the small boat harbor. Located off of Port Avenue, it was recently graded and partially paved for parking in support of the new boat launch ramp and X float. The launch ramp was constructed in 1994 with grant money under the condition that the city dedicate +200 mixed parking spaces to accommodate ramp users. A public restroom will be constructed on site before the 1995 season begins. The subdivision plat incorrectly includes lands deeded to the US Govt for development of the small boat harbor. Recommendation: Retain land ownership and continue use for public parking. Replat to separate out federally owned portion. Consider leasing portions not needed for parking. Seek fee simple ownership of tidelands associated with the harbor. Harbor Fund (map 4 -39) 0 65 FISCAL NOTE: The City will not incur any expenses from this platting action. All costs associated with the platting shall be bome by the applicant Approved by Finance Department t6d- RECOMMENDATION: Staff recommends Council approval of Resolution 2007 -XX, recommending that the Kenai Peninsula Borough approve of the subdivision of Alaska Tidelands Survey 174 located within the northwest 1/4 of Section 3, Township 1 south, Range I west, Seward Meridian in Marina Subdivision, Seward Resort Addition subject to the conditions below. a. The lessee will be responsible for provision of an access easement, as required and, engineering and installation of connection to the city sewer system; b. The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat. IQ S WAST11YAT 11 DISPOSAL_ plana IW -A—t., 4p,Ww, that _t ro at.taY «aPUemmb m R. at th. Ooporlmrnl of Eawp.nwlal Can—tbn. �+ MO O J (� m I cm..+l. 2Wrt. I H � I e• ,G � I A, l'w.rM �� , 2sm 59 rt $ PaNnnq .I l -JI.dY 1 ' It.A0.d0• I � N 7f la o.,Anr I 1 — --- ----------- iS I N � I O� I I NOTES I Thh P*,.0 1. .')"t to th. Gly of S— Z-,h, eM toad U.. Roqublim.. 2 Thr Pl W1kq Iles olll roq N m mwplba to XPO 20.20.200..NCh rat kw [ranto9. m bdeal.d u.0. 3 Thh ps el my be loao t. h e b.IpINA na.! Aa[oN am, If .00h la, U. cola, UMI d i v 000,o 1 mart —%Y .ILA Cnepler 1125 a Y er Se.wE IaM a.. r.9datlen.. LEGEND B Fwad R.bor 14 N. 132 • Fwn1 155 Raba: k A. Co, Co LS7560 • Fwdd R.bw 0 Si SAU24 Raba, A: N. Cap LS JS69 H F 4 Hpdmml 01Nly Pd. Td.oan P.d..td 10 E1.011, Ima- CITY OF SEWARD NOV 14 7006 PLANNING OFFICE % PLAT APPROVAL Inb Pbl .w wpr...d by tA. X—' Pmhfw. e. P-1.9 m Comrom d the m..M9 d: 8 - 0 Ofn.lai SE'XAllb a I{IIMP[L1XAA pAY x VII.INI l T MAY 1 lath . t mk CERTIFtCAX OF O'MIERS IP AND OEOK'AT1ON I bemOY MKy that w. w. lM awnW. tw ..W ao a— . d IesN.d b.non d 1M1 .. ber. eM b) a W t UN den dl wbdMalart wont all owemenb by r rw conwnl City of Sawwd P.O. Bo. 167 Seward, AK 98661 NOi RYS ACKNOVILEDGMENT FOR IBSORM AND S902K TO BEFORE ME INS BAY OF m H07ARY FOR ALASKA MY COWASS H EWIRCS LESSEE CERTIFICATE I h.reby .WOy IF.! w or. th, Iw... of th. Preprty w ene.w Ml.on, and that w .—by apps- this wbdirldm. Sewwd Resort R.O. Ba. 329 Seworq AK 99664 NOr�gr9 �� EnnM uF fop SUBSCa•CD AND 9110411 TO BEFORE ME TNS DAY OF , 20 NOTARY FOR ALASKA MY COMIASSTON EXPIRES MARINA SU801 VISION SEWARD RESORT ADDITION A SUDDINSION OF A POR77ON OF: ALASKA WELANDS SURVEY NO 174 LOCATED W7HIN THE NW 114 SECTION 3 TOWNSHIP i SOUTH. P.ANGE 1 NLSr SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT G7Y CF SEWARD CLINE AND ASSOCIATES LAND SURVEYORS 410 41b AVENUE FO &W 2707 SEWARD, M 99664 19071 724 -J32A FAX (907) 22. -6066 SURVEYOR'S CERTIFICATE I hor.by .vDfy that; I am Prof• +b requb.ed and 1—aod to Woclke 1— mnwl/n9 1, Ow Slate of —Na, Ul. plat Irpr..mb a Nlvey made by me W W my dl t t Lpe lWo, th. __.I, sham h_ b twly mbt w described, dad all d" h ebne and ather data%. are -t I. Iho n d . P—tkw of Amd oar.yar. h U. Stab or Alcat¢ OF Q, DATE y y a 49u, I I I I F F — 1 9 � 'y `G o WAST11YAT 11 DISPOSAL_ plana IW -A—t., 4p,Ww, that _t ro at.taY «aPUemmb m R. at th. Ooporlmrnl of Eawp.nwlal Can—tbn. �+ MO O J (� m I cm..+l. 2Wrt. I H � I e• ,G � I A, l'w.rM �� , 2sm 59 rt $ PaNnnq .I l -JI.dY 1 ' It.A0.d0• I � N 7f la o.,Anr I 1 — --- ----------- iS I N � I O� I I NOTES I Thh P*,.0 1. .')"t to th. Gly of S— Z-,h, eM toad U.. Roqublim.. 2 Thr Pl W1kq Iles olll roq N m mwplba to XPO 20.20.200..NCh rat kw [ranto9. m bdeal.d u.0. 3 Thh ps el my be loao t. h e b.IpINA na.! Aa[oN am, If .00h la, U. cola, UMI d i v 000,o 1 mart —%Y .ILA Cnepler 1125 a Y er Se.wE IaM a.. r.9datlen.. LEGEND B Fwad R.bor 14 N. 132 • Fwn1 155 Raba: k A. Co, Co LS7560 • Fwdd R.bw 0 Si SAU24 Raba, A: N. Cap LS JS69 H F 4 Hpdmml 01Nly Pd. Td.oan P.d..td 10 E1.011, Ima- CITY OF SEWARD NOV 14 7006 PLANNING OFFICE % PLAT APPROVAL Inb Pbl .w wpr...d by tA. X—' Pmhfw. e. P-1.9 m Comrom d the m..M9 d: 8 - 0 Ofn.lai SE'XAllb a I{IIMP[L1XAA pAY x VII.INI l T MAY 1 lath . t mk CERTIFtCAX OF O'MIERS IP AND OEOK'AT1ON I bemOY MKy that w. w. lM awnW. tw ..W ao a— . d IesN.d b.non d 1M1 .. ber. eM b) a W t UN den dl wbdMalart wont all owemenb by r rw conwnl City of Sawwd P.O. Bo. 167 Seward, AK 98661 NOi RYS ACKNOVILEDGMENT FOR IBSORM AND S902K TO BEFORE ME INS BAY OF m H07ARY FOR ALASKA MY COWASS H EWIRCS LESSEE CERTIFICATE I h.reby .WOy IF.! w or. th, Iw... of th. Preprty w ene.w Ml.on, and that w .—by apps- this wbdirldm. Sewwd Resort R.O. Ba. 329 Seworq AK 99664 NOr�gr9 �� EnnM uF fop SUBSCa•CD AND 9110411 TO BEFORE ME TNS DAY OF , 20 NOTARY FOR ALASKA MY COMIASSTON EXPIRES MARINA SU801 VISION SEWARD RESORT ADDITION A SUDDINSION OF A POR77ON OF: ALASKA WELANDS SURVEY NO 174 LOCATED W7HIN THE NW 114 SECTION 3 TOWNSHIP i SOUTH. P.ANGE 1 NLSr SEWARD MERIDIAN, ALASKA SEWARD RECORDING DISTRICT G7Y CF SEWARD CLINE AND ASSOCIATES LAND SURVEYORS 410 41b AVENUE FO &W 2707 SEWARD, M 99664 19071 724 -J32A FAX (907) 22. -6066 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE LEASE AGREEMENT 75 -055 WITH THE UNITED STATES OF AMERICA FOR LOT 2, BLOCK 6, MARINA SUBDIVISION, SEWARD SMALL BOAT HARBOR, FOR THE PURPOSE OF EXTENDING THE TERM OF THE LEASE TO OCTOBER 31, 2011 WHEREAS, the UNITED STATES OF AMERICA, specifically the U.S. Coast Guard, ( "Lessee ") has requested a lease term extension to its existing lease agreement with the City of Seward for 7,500 square feet, more or less, within Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor, Kenai Peninsula Borough Plat number 2000 -166, Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the current lease has been in effect since February 27, 1986 and the Lessee has submitted a request for a one month extension of the lease term; and WHEREAS, the Alaska Railroad has a lease agreement with the City of Seward for a portion of land where the U.S. Coast Guard building crosses the lot line; and WHEREAS, it is in the best interest of the of the City of Seward to allow this one -month extension to facilitate the relocation of the USCG shore - support facilities and the USCG Cutter Mustang to the north -east harbor during the same time - frame; and WHEREAS, there were no extensions allowed by the original Lease, however this lease amendment acknowledges the Lessee shall have a final extension for one month beginning on September 30, 2011 through October 31, 2011; and WHEREAS, the Lease Agreement is a no cost extension, however the U.S. Coast Guard will be paying for their new lease site in the north -east Harbor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Based on the recitals above, that are hereby incorporated as findings, we find that this lease extension at less than fair market value will serve the public interest. Section 2. The City Manager is hereby authorized to enter into an amendment of the lease agreement with the UNITED STATES OF AMERICA in substantial form as presented at this meeting, to extend the Lease term to October 31, 2011 and to include amendments to the Lease as described in the above recitals. b� CITY OF SEWARD, ALASKA RESOLUTION 2011 -062 Section 3. This resolution shall take effect thirty (30) days after its adoption and posting. Upon effectiveness of this resolution, the amendment will be effective October 1, 2011. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of August, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) l�� FISCAL NOTE The Lease Agreement is a one month (October 1 -31, 2011) extension for no additional fees. The U.S. Coast Guard will be paying for their leased site in the north -east harbor beginning October 1St Approved by Finance Department: J{�� ATTORNEY REVIEW YES X NO RECOMMENDATION Council approve Resolution 2011- g� the extension of lease number 75 -055 with the U.S. Coast Guard to October 31, 2011 and amending the lease. FORM GSA JUL 87 276 SUPPLEMENTAL AGREEMENT DATE SUPPLEMENTAL LEASE AGREEMENT NO. 0030 TO LEASE NO. DTCG89 91 -L -J DL -058 PREMISES: SEWARD SUPPORT FACILITIES THIS AGREEMENT, made and entered into this date by and between City of Seward Whose address is P.O. Box 167 Seward, Alaska 99664 -0167 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective 1 October 2011 as follows: The Government extends the lease for one (1) month in FY2012 for the month of October 2011 at no cost to the Government. The lease extension would provide the Government in coordination with the Lessor additional time to relocate the Support Facility Building and restore the leased premises. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR: City of Seward Phillip E. Oates BY LESSOR City Manager (Signature) (Title) IN PRESENCE OF Kan Anderson Harbormaster (Signature) (Title) UNITED STATES OF AMERICA Leslie B. Decena Realty Specialist Portfolio Management Branch CG SILC Product Line Division By direction BY -- (Signature) (Official Use) FORM GSA JUL 87 276 WAkr 9574 .=WMW xaom'I5'w 9De.07 ]e0m'15'E Einwgen.r v.w.. P.6e.vkn x aly Aaa.a. Ep..m.nl r l Lot le 105.11 1 I m R I w 1JL00" NOC,1'16'E I2 1' m ° - - - - - - - lgw+t =« wxP la _ - u 1' Q.44' JI.06'J1.Ofi' ]I.16' 11.06' Alaska m - -- - - -- - - - -- -- - - - - „ _�„ a,.D6 ° m.o ------ _ - - _ _ Lot 3 5013]'01'w 169.atN n LDt 4 $ °o _ C u G .]m pyo ti 'Y b °vtA rv Y0 V Railroad Noow s w e.fie] sr �� ar lQPo ^ O ' A 25.Sfi 'm i ° m z SOOm'IS'E 1]1.00' 1 INIe MI $ °j S W' ob 6. r6'/ NI6' /I} e Ivwi MW V __- Un/ .. .q'vWwa<w.wm °I1 1" le 'n .E a• 16. 105. ___ ^-------- _ 0 1f1 /F( lu lal vf18 - E ISS29' '° IGI W 1•I. Lot 1 Ifl I: lil m °1 w,f I:I r _532 1w•1 9n 11 Block 6 �m ig' _ Lotyg Lot 1 - �� " t� U I, I I b l m __________ ______________________________� �__________1_____J L_____ ________________ - -- Noo'ao'1s Sso. <. c1s r - � solnsss nfi.xr - I e ott 1 2 �1 I « n I I L�i/.aw.Emaau._ {E 50o'x]'J3" 80.1fi' 1195' . I r � Imo �� RFSSSS FfF'i1iFfEfl"ILS7FII�14'7t3iR5� tf: S�FS• [3rm7 F?•FFS>r� a SRRICS'WE I14.41 ' EI° I al:u I ®twJiF7 �i ;'�}Y•EiQ�F2!<•3t''�471:!�fRL11 Lot 14 RJ i el 10.591 Sf. - I e Lot 17 - t2FRF4[£'� ' �F> �fbF'�S� gF 7L ^.�f��711[;�7ti167CIG>�Y4'l� F�•3t:'1G7 (i1 ®k4�5FX1:£7• � :� tfffii*_� @'F�ft�ti F!�IFE -y Eb7 E!•7 Cry F?S�� F!3C�i ERSi CQSFY!�".� CIIi?� Y� �iRCti€� 3F� tC�!- Y�:�Si F1.?7G^I�t[d167[E�'74[SE�F� LIF1C7 [ilrr:7lSRi F?�•�LS.R�9n.!• '� f}l�- �Flix•:'l IETii��7 F1f�6F<Y,� ®[•:- .� '�S��FI�3�'•7 RRTYFIi LLL1R•�9 FfIR9FF'L�E>aC[FF3�'Y� ilEF7 iS]t[>a CFTS74Z4;• r - � solnsss nfi.xr - I e ott 1 2 �1 I « n I I L�i/.aw.Emaau._ {E 50o'x]'J3" 80.1fi' 1195' . I r I mwN][w.ew, ( �tTFRR�FG:7tFS�� Lot 13 rJ,p a SRRICS'WE I14.41 ' EI° I al:u I ®twJiF7 �CF}SZ �15III�1�tFS�'i Lot 14 RJ i el 10.591 Sf. - I e Lot 17 - r - � solnsss nfi.xr - I e ott 1 2 I « n I I L�i/.aw.Emaau._ {E 50o'x]'J3" 80.1fi' 1195' . I r I mwN][w.ew, ( Nn Lot 13 rJ,p a SRRICS'WE I14.41 ' EI° I al:u I E Lot 14 RJ i el 10.591 Sf. - I e Lot 17 - Z Fourth Avenue NO1n0'15'W Biq' r tx.52' ti52' - t NOOYp'15'w 65.0f Let 7 Detail 'A' - R,. 1 = w' e4' r4 WMV (saroz'ia z JD m) ND -B E x a0.2 HA k'i JI Q� 95/4 NDDm s 900m nA h CERTIFICATE OF SURVEYOR Alaska Railroad - -_r , _ �. .�IT op � E JPA[�s EZ w q . . up.m�mx oml n �_ _. _: -: � � -` .- ,^, .r+"` uwww [...w..1 n ,� c - ® � 4 /// iQ �� a1 mNmm.nta anewl n...pn :IVmr ••NI as a.ac�era pna zr vIN a vWl e 3 I 9 t 5 7 8 9 0111 f3 some so'w s>6as ai am,nakna pAe em« a.laa «.. >, «I m m....ma L ot 16 1 e F ® _ anCe.Ea .1 pr «Ike ac knE aurnpra M me 9ule of xp.4a. 2 S52 Ac. I Park _ ry (NI'JB`20'E 6)9I2'j N01']8'Ot'E 816 - _u _.^': - �L - Ie6x la m,. ss.os - !! D.1w •e Block 6 r 15 -W q 4 a Iif&1 1 I 1] „az sf. 2 : I 14 - fit r - Lot 17 11'a.`� ° A X: n \ l c6 S @ - aet[ Bpaa el R.., (BOm )99.01') )969)' _ ul.] - C) i I IaeJ p. - v.m1;.+ - - -T61.-19• Fourth ^. ° ID - I at].Jr] w�o' - - _ -- - _ - Q W �mU --0 8 r; Lat a h « r " n x.23• Avenue x/om'o. Izae.er - -e19 AG �3 ° e °I Bml) m .. ql« " Lm 91% �M- cll_ >ww Block .2000 -19_ c ----- - - - - -T - 10 I; $o r °^ a $ 4 ^P : ' : Y --^ -. (JaD.lr) sao.a' 1 gg g 3 I�� 9 �c �.�g PLAT APPROVAL RECOR ED SS dens A� - nlr ^ ° n I =n• �) _ SCWa xEC. qST. N I^ CJ !1 K , i' Block 8 n L u_ QQ 2185 PUT wA8 APPROSED BY INE BExAI PFNWSUTA BOROUGH PLANMNG DAIS Z 1 -_ - -- .1°^nIZ ziN L_N0.1e' - :1 a e C04Y590N AT ME 14El9,G 1r '5ep 6w 25 Loeo 'a s32' .o' I y ( � 6 - - - -- - - . = J �1 NENwI PENWSUTA BaiNb, �OUFSlEO BY; rzGmn sunrs:n A Y � 665 SWrtS dnM � � p.1 up +n - 6ENM. AUSNw 99611 Third (SO]-21'00'w 1x>x.D') NOJZJ'19 "E 12)L10' (66106') 6 62.99'�� $ _ Avenue - _ KPB FILE No. 2000 - 166 A LEGEND: V MON-1 (IWn6 Ia. --Y) o 1 -112' A °w. cap (plro ty.«n« 1«,1a) o 2' N„ Pm..11n 1 n 1 (moeo o s /6' .we. Ilwnp) Px xut (rpana) N 1 -1/2' Num. Cm (sal) Q MAC xo[ (a.l) ( ) RECORa 0 111 wtn 6 11 6 - N Norbw Sub6i.isim ( I K-D 0 nw - a.an. Subnlwron NOTES: 1) quekp.nen[ el Ines. Iola is auej«I 1. IR. CRY .1 kww6'. [mnq regub0ona. zl N. u e�sipi: l O.Oalm�an ° I o�ona pwb wn1°I.aa apP.ewe s) I.I. w Inn maawaw, . a.,yni.a nova s�ve 5.25 (lasee m w u wneli e 6.t «mine W. Ne.plion el In. 1111Y meY e p %W to can. rvc wn. .) N d<POiu. Plena Iw « aapeaa. In gulp w a .nla m we pl Ine AMaFa gpwOne t of Enwonmml Conse.upllen.� 6) RRiot of way aen9 C. el Lot 1 Ne4 10 b cen<N.nt 1. wl- bu[4g .M. No cwnwa wwe «I b C. sime 6w 6u[M9 •e. i. W. prap«IY Ib. on6 1R .R. mowunenl. 6) An o NPB 30.20.200 W th. N .equiea a 1I rota Mut en o ea ganlea eY Ine PB a.n1ry Cw.uwbaien a SeplwMw x000. [ umh 9 Oo (smwcbw @Qobwmmdm CERTIFICATE of OWNER ;HIP and DEDICATION -ES CEROfY MAT IRE ARE W O R(5) °Y W R- PROPERYY I SNOwI AND pESCPoBEIt NM- AND THAT wE HEREBY R4WI - 0..W OF NBM -i AND BY my FREE CpISENT -RYE ALE RIGHTS -OY- AY MS) PUBLIC AREAS TD PUBLIC U% AND -11' ALL EASEMExTS t° 1NE USE 910yM / � � Sewn .... IISSI -0161 NOTARY'S ACKNOWLEDGMENT SUBSCR6E0 ANB Swat BEFORE ME llp5 1L oAY Of _�[[�!' x000 faw ! :I6I+h1aa.ICG 4Y CONM1590N EIPIRES ^� /T/ `a ��__ l 9J .: Sponsored by: Planning and Zoning Commission Introduction Date: August 22, 2011 Public Hearing Date: September 12, 2011 Enactment Date: September 12, 2011 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011 and 7/19/2011, specifically addressed 15.10.140 Definitions; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Title 15.10.140 is hereby amended as follows: (StfikEethfett = deletions and are bold, Underline = additions and are bold Italic) 15.10.140 -- Definitions A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (parenthetical references are for cross reference only) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: --13 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 2 of 18 (a) Is clearly incidental to and customarily found in connection with a principal building or use; Is subordinate to and serves a principal building or use; (c) Is subordinate in area, extent or purpose to the principal building or use served; Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and (e) Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid - mounted or other moveable structures. (Accessory or mother -in -law apartment: See dwelling, efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. S. Alteration. Any change, addition or modification in the construction, location or use of a building. 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player- operated amusement devices. 7. Antenna. A device used to transmit and /or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. Includes satellite dish. (Apartment. See Dwelling) 8. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, 71� CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 3 of 18 and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use Brewing is for on- premise consumption 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory building, exclusive of external steps. 13. Building, existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. 14. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right - of -way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: fa The elevation of the highest adjoining sidewalk or ground surface within a five -foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or jLbi An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 15. Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) - 1 -T CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 4 of 18 16 Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17 Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 19. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre - school and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre - school and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out - patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. 24. Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25. Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots pe r under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. 6 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 5 of 18 (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27. Convenience store. A small -scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive -in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. (a) Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling "). (b) Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. ( Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. jLdj Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. 1I CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 6 o 18 fej Efficiency apartment (also called accessory, mother -in -law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. fD Guest house. An accessory building occupied on a temporary basis solely by non - paying guests. &J Mobile home. A factory -built home designed to be used as a year - round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. (h) Modular home_ A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. ( Multiple family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. f& Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. j k& Single-family, detached. A building designed and /or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. & Two-family or duplex. A building containing two single - family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. fM, Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment "). 1I CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 7 of 18 (n) Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37. Greenhouse, commercial. A light - permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) 38. Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 8 of 18 39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) 43. Housinz Structures providing housing for groups of people, such as students, employees or nursing home residents I Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by sever-a! rooms and in which there are no individual cooking facilities. 1'j Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. M Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. ( Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long -term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The M4 CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 9 of 18 term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex- convicts or other housing facilities serving as an alternative to incarceration. (e) Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. Required off - street loading space shall not be included as an off - street parking space. 48. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. (a) Bed and breakfast. An owner occupied and operated single- family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include boardinghouses and separate apartments which are leased on a month -to- month or longer basis. (b) Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day -to -day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The 2, CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 10 of 18 term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. jLcj Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. ( Hotel. A facility with six or more guest rooms and on premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. jLej Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: -L A. A single lot of record; 2: B. A portion of a lot of record; 3. C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or 4. D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. !Laj Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. P � CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 11 of 18 (c) Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. (e) Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. jD Lot, interior. A lot other than a corner lot. 1ki Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side. Lot boundary not a front lot line or a rear lot line. Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 1' CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 12 of 18 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple family. See Dwelling) 56 Non - conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57. Non - conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. 60 Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area A structure or an open area, other than a street, alley or other right-of-way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, �,y CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 13 of 18 tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 69. Parking space, off - street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right -of -way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66 Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68. Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69. Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting /archery ranges. 71. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial ti CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 14 of 18 occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75. Recycling collection point. An incidental use serving as a neighborhood drop - off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public /quasi - public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76 Repair service, householdlappliance. A business establishment where repairs are made to appliances and furniture. 77 Residence. A home, abode or place where an individual is actually living at a specific point in time. 78. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79. Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to- consume state and whose principal method of operation includes one or both of the following characteristics: (a) Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and /or jLbj A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. 80 Restaurant, fast-food An establishment whose principal business is the sale of quickly prepared ready to eat food and /or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive -in and carry -out restaurants. M t CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 15 of 18 81. Right -of -way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 82. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or non - profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and 12th grade. 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86. Setback. The required minimum distance from right -of -way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87 Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 89. Storage. A structure or designated area that provides space f or storing. (a) Container. An accessory storage use consisting of containers such as semi - tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is placed on an approved foundation; the unit is r ' e efea, '`* `' of S''' °' ap inted to match the primary building on the property; and the unit is located outside any setbacks. Railroad box M No, CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 16 o 18 cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use /building, building, and structure.) Containers are considered a structure and must comply with current adopted building codes. LhJ Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. Lcl Self - service. A building or group of buildings consisting of individual, small, self - contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. f I Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90 Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is removed when the deso-- 94. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 95 Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding IM 100 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non - profit within the city by operating on a door -to -door, street corner or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Um c CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 17 of 18 (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96 Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 97 . Vehicle, motor. A self - propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98. Vending. The sale of food, services or merchandise. (a) Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right -of -way. 99. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water- dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101 Water- related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. ( Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. r CITY OF SEWARD, ALASKA ORDINANCE 2011 -004 Page 18 of 18 f_bj Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. Lcl Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12 th day of September, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) I'm Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC)15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 18 months the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held seven (7) public work sessions specifically reviewing and amending Seward City Code (SCC) 15.10.140 Definitions. The Planning and Zoning Commission reviewed and discussed the definition section of the City Code in depth and found the section to be confusing in the organizational layout. While the Commission has recommended a complete re- organization, very few additions, deletions or changes were recommended. SCC15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the reorganization of the definition section, several categories have been established and the definitions pertaining to those specific categories have been moved into the category. All definitions have been numbered for easier reference. Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff explanation follows) (Strikediroug =deletions and are bold, Underline additions and are bold Italic) 11 Brewpub An establishment that is primarily an eating place which includes the brewing of beer as an accessory use Brewing is for on- premise consumption The public has expressed interest in developing a "brewpub" within the City. Current City code does not address or allow brewpubs. Through forward thinking the Commission has recommended the addition of the above definition to define brewpubs within the SCC. 44 Housing Structures providing housing for groups ofpeople, such as students, employees or nursing home residents. With the reorganization of the definition portion of the code, it was determined the SCC did not contain a specific "housing" definition to categorize the examples under; therefore the "housing" category has been proposed. (a) Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared rooms and in which there are no individual cooking facilities. The public has proposed that new designs in housing and accommodations generally provide for sanitary facilities in each shared room not a common facility shared by several rooms. C�1 45. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Because Seward is a port city and much of the community owns some type of watercraft, it has been determined that watercraft should be included within the "Junk" definition. 90. Storage. A structure or designated area that provides space for storing With the reorganization of the definition portion of the Code, it was determined the SCC did not have a specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been proposed. jLaj Container. An accessory storage use consisting of containers such as semi - tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is placed on an approved foundation; the unit is reef d, skii4ed or- si de painted to match the primary building on the property; and the unit is located outside any setbacks. Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use/building, building, and structure.) Containers are considered a structure and must comply with applicable building codes. 94. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is removed when the designated time period, ftetwity or- use for- WL.*-L the temporary strueture was er-eeted has eeased. Through continued discussions and assistance from the Building Department the above changes to the Container Storage and Temporary Structure definitions have been proposed. The proposed change to the definitions removes current conflict between the City Zoning Code and the City Building Code. 96 Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 4-50 100 consecutive days in a calendar year, of selling and delivering goods and /or services, wares and merchandise for profit or non - profit within the city by operating on a door -to -door, street corner or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Over the years the City has received numerous inquiries and complaints regarding Transient merchants / temporary businesses within the City. In the review process the Commission has recommended strengthening the requirements and shortening the operation time. 99. Vending. The sale of food, services or merchandise With the reorganization of the definition it was determined the SCC did not have a specific "Vending" definition to categorize the examples under; therefore the "Vending" category has been proposed. 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 proposed Code change updates and incorporates public requests by re- organizing and amending several sections of the current SCC15.10.140 Definitions Code. As required by Seward City Code§ 15.01.035(c)(2) &(3) the Planning and Zoning Commission held apublic hearing on August 2, 2011 and now forwards written recommendations to the City Council for adoption. FISCAL NOTE: None. ATTORNEY AND STAFF REVIEW: YES X No The attached Ordinance was submitted to the City Attorney for review and recommendation. RECOMMENDATION: Council introduces Ordinance 201 �- , on August 22, 2011 and conducts a public hearing and adopts Ordinance 2014- 004 on September 12, 2011, re- organizing and amending several sections of the Seward City Code 15.10.140 Definitions. 13� Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011 -09 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2011- _, amending various portions of Title 15.10.140 Definitions; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2 day of August 2011. THE CITY OF SEWARD / Sandie Roach', Chair AYES: Butts, Morgan, Heinrich, Roach' NOES: None ABSENT: Ecklund ABSTAIN: None VACANT: Two ATTEST: f hanna Krone CMC • ••• °' °•• Clerk Y� • °� 4��0�' + ty gCal) SEAL OF ° 'rihsanasaa,0 1 1 City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 3 8 Call to Order The August 2, 2011 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Butts led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Steven Heinrich Dale Butts Tena Morgan comprising a quorum of the Commission; and Michelle Weston, Assistant City Manager Donna Glenz, City Planner Dwayne Atwood, Planning Assistant Excused was: Cindy Ecklund City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • Commissioner Cindy Ecklund was unavailable for meetings through the month of August. • Exit Glacier Road was closed at Mile 7.5 due to flooding. • A pre -bid meeting for the Seward Marine Industrial Center engineering analysis was scheduled for 1 p.m. Thursday, August 4. The proposed project was to support the relocation of the Coastal Villages Region Fund fleet from Seattle, Washington. • The Seward Community Library / Museum Project site was to be fenced later in the week, and work was slated to begin during the 2012 construction season. • The Scheffler Creek footbridge project was nearly complete, with only surface paving remaining. • The Forest Acres levee extension was complete and the ribbon cutting ceremony was slated for 4:30 p.m. Monday, August 8. Other Reports, Announcements & Presentations -None Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 3 9 Motion (Heinrich/Morgan) Approve the Agenda and the Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: May 3, 2011 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011 -09 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Amend Portions of Seward City Code 15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public Glenz described and noted the proposed changes to the Seward City Code (SSC) included in the City Council Ordinance attached to Resolution 2011 -09. Numerous work sessions were held during the previous 18 months in making the changes to SSC15.10.140, Definitions, Glenz noted. The proposed changes to the City Code had been submitted to the City Attorney for review. No members of the public had expressed concerns over any of the changes. Staff recommended approval. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Heinrich/Morgan) Approve Resolution 2011 -09 Morgan noted there had been considerable review and discussion during the past several months. Roach' agreed that additional discussion was not required. Motion Passed Unanimous New Business Items requiring a Public Hearing Resolution 2011 -10 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending the City Council Amend Various Sections of the Seward City Code to Include Portions of 15.10.220 Development -� s City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 4 0 Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table to Change, Update and Accommodate the Wishes of the Public Glenz described and noted the proposed changes to the Seward City Code (SSC) included in the City Council Ordinance attached to Resolution 2011 -10. Numerous work sessions were held during the previous 18 months in making the changes and updates, Glenz noted. Glenz specifically explained the addition to the Land Uses Allowed permitting chickens and rabbits on certain smaller residential lots. Roach' noted the intention of the code change was to accommodate residents who had expressed an interest in allowing chickens on smaller lots within the City. Commissioner Heinrich questioned whether the provision that chickens and rabbits not be allowed on lots with more than two dwelling units was written as intended. Morgan said the intention to allow chickens should not be allowed at apartment complexes. Glenz suggested that the Commission put the resolution on the table, then move to amend the specific citation to limit chickens and rabbits to parcels with only one dwelling unit. Glenz also pointed out that other fowl are covered in another portion of the code, not in the portion specifically allowing chickens and rabbits on some smaller residential lots. Morgan added the reason chickens and rabbits were added, specifically, was because of public requests and interest. The code change required pens and enclosures, which was not previously addressed, she stated. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Butts) Approve Resolution 2011 -10 Heinrich said he brought up the restriction on the number of dwelling units per parcel to make sure the chicken allowance was written as intended. Roach' asked Administration if a parcel with a home and a mother -in -law apartment counted as a duplex under the current City Code. Glenz stated the mother -in -law apartment did not change the property use to a duplex, unless rent is charged. Once the unit becomes a rental, which has happened several times, the parcel was then two - family, or a duplex. III City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 41 Motion (Heinrich/Butts) Amend Ordinance, Section 15.10.225.(e)7 Land uses allowed, Livestock to read, "Chickens or rabbits are not allowed on lots with more than one dwelling unit." Motion Passed Unanimous Roach' pointed out the Commission could then continue the discussion on any portion of Resolution 2011 -10 and the accompanying Ordinance. Heinrich said the amendment addressed his only concern. Main Motion Passed Unanimous Unfinished Business – None New Business — None Informational Items and Reports (No action required) National Flood Insurance Program Newsletter, January /April National Flood Insurance Program Newsletter, May /June National Flood Insurance Program Newsletter, July /August Commissioner Seabury Resignation Letter Cabana Thank You Letter At the request of the Commission, Glenz explained the Thank You letter to the Cabana Family was sent as a courtesy from Community Development Department. The department attempts to thank all property owners who comply with requested code compliance complaints of the department and the public. In this case, the property owner had several derelict vehicles which were cleaned up. Several members of the public responded favorably to the cleanup effort, which involved the residential property near the corner of Third Avenue and Madison Street. Commission Comments Morgan said she was pleased with the passage of Resolution 2011 -09 and Resolution 2011- 10, which involved several months of work by the Commission and staff. Butts said the proposed changes to Title 15 should show the City Council and public that the Planning & Zoning Commission has been productive. City of Seward, Alaska Planning Commission Minutes August 2, 2011 Volume 6, Page 4 4 2 Heinrich said the allowance of chickens and rabbits should be somewhat limited, because it could be expanded if there are additional requests for changes. Roach' thanked Commissioners and Administration for recent efforts. Roach' also mentioned public concern about illegal bunkhouses. She requested staff to explain crew housing and how bunkhouses are approved. Glenz said bunkhouses are an issue every summer. Bunkhouses are intended for workers, such as cannery employees or construction laborers, where sanitary facilities are shared with several rooms and there are no individual cooking facilities. A conditional use permit is required for bunkhouses, and they are only allowed in the Auto Commercial, Industrial and Institutional zoning districts. Glenz explained the problem was the use of larger houses in residential zoning districts. When several workers were housed in residential homes as roommates, neighbors often complain about the number of parked vehicles and other issues. Roach' said the bunkhouse issue was brought to her attention recently because a member of the public complained about a property with excess trash. Glenz said the department would like to talk with anyone who has concerns or information about illegal bunkhouses. Citizens' Comments Weston said that the Alaska State House and Senate Joint Transportation Committee would be visiting Seward on September 7. A multi- agency emergency exercise was also scheduled for the second week in August, Weston said. Commission and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:37 p.m. Dwayne Atwood, Sandie Roach' Community Development Assistant Chair (City Seal) Sponsored by: Planning and Zoning Commission Introduction Date: August 22, 2011 Public Hearing Date: September 12, 2011 Enactment Date: September 12, 2011 CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, the 6/21/2011 public work session specifically addressed the Developments Requirements and Development Requirements Table; and WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the 1/25/2011 public work sessions specifically addressed 15.10.225 Land Uses Allowed and the Land Uses Allowed Table; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its August 2, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Table15.10.220 — Development Requirements Table is hereby amended as follows: (Stfiledueughs = deletions and are bold; Underline = additions and are bold Italic) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Lot 30 35 35 40 40 35 50 100* 100 100* 30 50 10 Coverage ( %) *(See 40 Note 6, next page) 100 CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 2 of 10 Section 15.10.225. - Land uses allowed is hereby amended as follows: (Stfil = deletions and are bold; Underline = additions and are bold Italic) (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform adopted Building Code door /window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two - family residential districts, lodging is limited to a home occupation within an owner - occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single - family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multi - family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding X0100 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 100 days. (3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. �U� CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 3 of 10 (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the city except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. (d) Commercial electronic towers, satellite dishes and antennas are allowed in accordance with Table 15.10.225 of this chapter subject to the site being fenced. (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to rive chickens (hens) or rabbits are allowed in accordance with Table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. t (3 � CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 4 of 10 Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows: (Stfikethfeu& = deletions and are bold; Underline = additions and are bold Italic) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory Building 0 O 0 0 0 0 0 0 0 0 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. O 0 0 Q 0 Agriculture 0 Airport and related services 0 C Amusement or recreation facility 0 0 O Animal shelter 0 C Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 0 0 0 0 Art gallery O 0 0 Q 0 Assemblages, temporary large, i.e., circus, fair P P P P P P P Attraction, permanent major visitor C C C C C Auditorium 0 0 0 Auto repair, i.e., mechanic, glass body, upholstery C 0 Auto service /gas station 0 0 0 Auto /RV sales and rentals 0 0 0 Boat sales 0 0 0 g Boat, commercial building /fabrication 0 0 Boat, harbor /marina C C C C C Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 A C Brew ub C C Bulk material, i.e., concrete, gravel, sand, asphalt C � C Business, marine retail sales and service 0 0 0 0 g C Business, package liquor 0 0 0 �. N CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 5 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Business, retail sales and service 0 0 0 0 Business, retail sales and service, industrial 0 Campground, camper park, RV park C/P C/P C/P C/P C/P C/P Campground, employee C/P Car /boat wash 0 0 0 Cemetery 0 C 0 Center, community /civic 4; O 0 C C Center, mariner's 0 0 0 0 Center, senior or teen C C C 0 i 0 C C Child care, licensed center C C 0 0 0 C Child care, licensed home 0 H 8 H 04; H O 0 0 0 0 0 Church C C C C C C 0 O 0 0 Clinic, medical 0 0 0 0 0 Clubs, fraternal /lodges /social /veterans C 0 0 C Cluster subdivision C C C Communications, commercial satellite dishes, towers, poles, and antennas less than 3 meter (4-5 9.8 feet) diameter or 75 feet in height 0 0 0 0 0 0 Communications, commercial satellite dishes, towers, poles, and antennas 3 meter (44 9. 8 feet) diameter or greater than 75 feet in height 0 C C C Correctional/ prison facility I I C C C C Crematory ra 0 Docks /wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 8 C 0 Drinking establishment, i.e., bar, nightclub, lounge C C C ' OL� CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 6 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 JR3 UR OR AC HC JCB I I RM INS P Drive -in facility —fast food, C A C C banking, etc. — C — I Dwelling, apartment in a 0 0 0 0 0 A commercial building (limited to C one unit) — Dwelling, apartment in a 0 0 C C commercial building (two or — more units) Dwelling, apartment, mother -in- 0 0 0 0 0 0 0 law or accessory Dwelling, attached single- C C C C C C C family, i.e., townhouse, row — Dwelling, condominium C C C C C C C Dwelling, detached single- family 0 0 0 0 0 0 0 C A C Dwelling, group home 0 0 0 0 0 0 g C Dwelling, guest house 0 0 g C Dwelling, multi- family (3 or C C C C C C C more units) — Dwelling, two - family or duplex 0 0 0 0 0 C g C Dwelling, watchman or 0 C caretaker — Emergency services, pub /vol; C C C C C C 0 C 0 0 C 0 i.e., fire, ambulance, rescue — — Financial institution, i.e., bank, C 0 0 S&L Flea market, open air retail C C C other than occasional — Fuels, bulk storage and sales C Golf course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/ nursery— 0 0 0 commercial Grocery, convenience store C C C 0 0 0 Q Grocery, supermarket, foodmart 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 7 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 JR3 UR OR AC HC CB I RM JINS P Health club C C 0 0 0 Home occupation 0 0 0 0 0 0 0 0 0 0 Hospital C C House rental on a nightly basis P P P P P P Housing, bunkhouse C C C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning 10 C 0 0 Library 0 10 0 0 Livestock Excluding Chickens & Rabbits P P Livestock, Chickens £t Rabbits P P P P P P P P P Lodging, BEtB, rooms, duplex and accessory apartment H/P H/P H/P H/P H/P JO/P 0/P 01P 0/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C 0 C C Lodging, multifamily dwelling apartment P P P P P 6 p P Lumber yard /building supply C 0 C Manufacturing— noxious, heavy C Manufacturing, light fabrication, assembly C 0 Merchant, transient 0 0 0 0 Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales 10 0 Mobile medical unit 1 0 0 0 Mortuary/ funeral home 0 0 0 Museum C 0 0 0 0 0 t, 66 CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page S of 10 Districts: Principally Residential Principally Commercial Principally Public IRM Uses RR R1 R2 R3 UR OR AC HC CB I INS P Office, boat charter, guide 0 0 0 0 0 A C Office, business or professional 0 0 0 0 0 Office, government/ quasi- 0 0 0 0 0 0 0 government administration Office, mobile /temporary on P P P P P P P P P P P P P construction site Office, home, professional 0 0 0 0 0 Parking lot A A 0 0 0 0 0 0 0 0 C C Personal services, i.e., beauty, 0 0 0 0 shoe, tailor Planned unit development C C C C C C Playground, public tot lot 0 0 0 0 0 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skating Recreation, outdoor, i.e., 0 C C C miniature golf Recreation, shooting range C C C Recycling center C C 0 C Recycling, self - service drop -off 0 0 0 0 0 0 0 0 point Repair service, i.e., large C C 0 appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C C commercial timber harvesting Restaurant, food service, 0 0 0 0 0 C catering Rooming or boarding house 0/P 4; 0/P 0/P O/P Salvage —auto, wrecking, scrap, C junkyard G, CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 9 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Sawmill or lumbermill C School, college C C A C School, public /private elementary/ secondary C C C C C C C C C School, vocational C 0 0 C 0 g C Seafood processing, i.e., canning, rendering C C C C Shop, i.e., welding, sheetmetal, machine, steel fab. C C 0 Shop, i.e., wood, signs, cabinet, upholstery C C 0 C 0 Shopping center (mall) Ic C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container A C A C A C A C A C g C g C g C g C 0 0 C C Storage, explosives P Storage, outdoor, yard, material /equipment C 0 0 C Storage, self service 0 0 0 0 Storage, warehouse and distribution 0 0 6 0 C Studio, radio/ television j j C 0 0 0 0 C Tanks, aboveground associated with service station C C 4; 0 Taxidermy 0 0 0 0 0 Terminal, i.e., bus, truck, freight 0 C 0 C Terminal, marine /boat passenger 0 C 0 0 C Theater, concert, movie 0 0 A Tool /equipment rental 0 0 Trier -, to ^^rte y offlGe Temporary Structure C C C C C C C C C C Utility facility, public electric, water, sewer, etc. C C C C C C 0 0 0 0 0 0 1(l I? CITY OF SEWARD, ALASKA ORDINANCE 2011 -005 Page 10 of 10 Districts: Principally Residential Principally Commercial IOR Principally Public Uses RR R1 R2 1113 UR AC HC JCB I I RM INS P Vehicle impound lot 0 0 Vending machine repair, storage O G O C Veterinary hospital C C C Wind Energy Conversion Systems (WECS) 0 0 0 0 0 0 0 0 0 0 0 0 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12" day of September 2011. THE CITY OF SEWARD, ALASKA Willard Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) k b 1 Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15. 10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 18 months the Planning and Zoning Commission has held numerous public work sessions to review and update portions of Title 15 of the City Zoning Code. The Commission held six (6) public work sessions specifically reviewing and amending Sections 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table and one (1) work session specifically addressed the Development Requirements Table 15.10.220. The Commission has reviewed and discussed the Land Uses Allowed and the Land Uses Allowed Table sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during several of the work sessions. The Commission addressed and accommodated all public concerns and input through the proposed changes. While no public requests were submitted for the Development Requirements Table, the Commission reviewed and recommended an increase in the Maximum Lot Coverage for the Office Residential Zoning District. (As depicted below) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Lot 30 35 35 40 40 3-5 50 100* 100* 100* 30 50 10 Coverage ( %) 40 The Commission has recommended several minor changes and updates to SCC §15.10.225 Land Uses Allowed. Specific additions, deletions or changes are as follows: (Proposed changes are indented and the staff explanation follows and the margin) (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform adopted Building Code door /window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. ho The State of Alaska adopts a revised Building Code approximately every three (3) years. Once the State has adopted the code the City then follows by local adoption. At the time the current Zoning Code was adopted the building code title in place was the Uniform Building Code. Since then the title of the building code has changed to the International Building Code. To eliminate current and future title changes it has been recommended to remove the specific title and use the verbiage of "adopted" Building Code. (c) Transient merchants as defined in section 15.10.140(b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage ofequipment shall be limited to a period not exceeding 4750 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 100 days (3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. (4) Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property line, permanent structure or other transient merchant. (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or compliment the vehicle or trailer prior to operation. (7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure the proper disposal of all garbage collected on the site. (8) The use of generators is prohibited. (9) No transient merchant shall conduct business on property owned or operated by the city except in accordance with chapter 8.10 of this Code. (10) Transient merchants shall conform to all federal, state and local laws. The City has received many comments and complaints regarding the conditions and visual clutter of the Transient Merchants facilities, especially during the non -use months of the year. The intent of a transient merchant is that the facilities needed are mobile and in place for a very short time. The proposed changes to the transient merchant requirements are to insure that the Transient Merchant remains transient and the vehicle(s) used for the business are removed at the end of the season or the 100 day period. (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal or not less than 20,000 square feet for every two small animals (excluding chickens & rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to fve chickens (liens) or rabbits are allowed in accordance with Table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. The addition of chickens (hens) and rabbits to the Livestock code is in response to requests from the public to allow chickens on the smaller parcels within the residential zoning districts of Seward. The current code does not allow for any livestock animals on lots less than 20,000 square feet. This essentially limits livestock to the Forest Acres area of Seward. Through research and discussion the proposed addition to the SCC would follow what other communities, including Anchorage, have adopted for the keeping and rearing of chickens and rabbits. No other change to the current livestock code has been requested. The current livestock code includes other barnyard fowl. Allowing no more than 5 chickens (hens) or rabbits by permit will meet the requests of the public. Table 15.10.225. - Land Uses Allowed Table The Land Uses Allowed Table has not been review or updated in many years. The Commission held many work sessions and listened to the comments from the public. The proposed changes reflect the many hours of review and discussion by the Commission. 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: This proposed Code change would update and incorporate public requests by amending several sections of the current 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to Change, Update and Accommodate the Wishes of the Public As required by Seward City Code§ 15.01.035(c)(2) &(3) the Planning and Zoning Commission held a public hearing on August 2, 2011 and now forwards written recommendations to the City Council for adoption. FISCAL NOTE: None. ATTORNEY AND STAFF REVIEW: YES X No The attached Ordinance was submitted to the City Attorney for review and recommendation. RECOMMENDATION: Council introduces Ordinance 2010- c)()5 , on August 22, 2011 and conducts apublic hearing and adopts Ordinance 2014- W5 on September 12, 2011, amending sections of SCC 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to Change, Update and Accommodate the Wishes of the Public \ 2�' SPONSORED by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011 -10 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND VARIOUS SECTIONS OF THE SEWARD CITY CODE TO INCLUDE PORTIONS OF 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED; and 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2011 -_, attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of August 2011. THE CITY OF SEWARD, ALASKA X L"6-) ) Sandie Roach', Chair AYES: Heinrich, Morgan, Butts, Roach' NOES: None ABSENT: Ecklund ABSTAIN: None VACANT: Two ATTEST: J J ' ohanna Kinney, CMC City Clerk ° °° o *�e�ses• i of se;k (City Seal) SJ `a o i � • t � Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS IN THE AMOUNT OF $7,322.00 FROM THE HARBOR ENTERPRISE FUND BALANCE TO COVER EXCESS COSTS ASSOCIATED WITH CRITICAL FLOAT REPAIRS WHEREAS, the Seward Small Boat Harbor Enterprise fund 2011 budget was approved by Resolution 2009 -107 and included $10,000 for maintenance and repair for the Float System Department; and WHEREAS, the Seward Small Boat Harbor has experienced some unexpected damage to the concrete floats, including a vessel fire in January 2011 and two separate incidents by a vessel causing structural damage in February and July, 2011; and WHEREAS, these unforeseen accidents required immediate repairs and have diminished the Harbor Enterprise account 401 - 4001 -53 80 for maintenance and repairs on the Float System; and WHEREAS, the Seward Harbor is requesting appropriating a portion of the funds spent to repair the floats after these three incidents in the amount of $7,322.00 from the Harbor Enterprise Fund Retained Earnings Account 401- 0000 -3050 to the 401 - 4001 -5380, 2011 budget; and WHEREAS, $15,225 have been billed to the responsible parties and $10,187 has already been deposited into the Harbor Enterprise Fund Retained Earnings Account 401 - 0000 -3050. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The 2011 Budget is amended to authorize additional appropriations as follows: The sum of $7,322 be appropriated from the Harbor Enterprise Fund Retained Earnings Account 401- 0000 -3050 and transferred to Harbor Floats Maintenance and Repair account 401- 4001 -5380. 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 22 day of August, 2011. N Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Norman Regis, Deputy Harbormaster Agenda Item: Appropriating $7,322 from the Harbor Enterprise Fund Returned Earnings Account into 401 -4001- 5380 2011 Budget. BACKGROUND & JUSTIFICATION: The Seward Harbor has suffered a substantial loss to the 401 - 4001 -53 80 2011 budget account due to a boat fire in January 2011 and two major tug /dock impacts in the harbor in February and July 2011. These three incidents total over $7,322 in repairs for contracted services and materials. These were unforeseen expenditures to 401-4001-5380, and there are not enough remaining funds within the 2011 budget to cover expenses in order for the Harbor to continue its maintenance and repair of the floats throughout 2011. The harbor is requesting these funds be appropriated from the Harbor Enterprise Fund Returned Earnings Account and placed into the 401- 4001 -5380 2011 budget. The vessels creating these damages have been billed for the damages; the responsible parties have been billed for the repairs and that revenue has been placed into the Harbor Enterprise Fund Returned Earnings Account. The original 2011 Maintenance and Repair budget for the floats was $10,000 and this has been exhausted as of August 5, 2011. INTENT: To amend the 2011 Small Boat Harbor Float budget and appropriate $7,322. for repairs to the Harbor floats from Returned Earnings account into the Small Boat Harbor Floats Maintenance and Repair line item of the 2011 Budget. 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 or Other Plans or Policies: Yes (List Below) No FISCAL NOTE As of July 31, 2011, $10,187 has been paid into the Harbor Enterprise Fund Returned Earnings Account from these incidents. Approved by Finance Department: ATTORNEY REVIEW Yes No X RECOMMENDATION: Council approve Resolution 2011- D 3 appropriating $7322 from the Harbor Enterprise Fund Returned Earnings Account into 401 - 4001 -5380 2011 Budget. l�� Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, APPROPRIATING $250,000 IN GRANT FUNDS FROM THE STATE OF ALASKA FOR ALUTIIQ PRIDE SHELLFISH HATCHERY IMPROVEMENTS AND EXPANDING SHELLFISH AQUACULTURE IN ALASKA WHEREAS, the State of Alaska has granted the City of Seward $250,000 in funds for the Alutiiq Pride Shellfish Hatchery; and WHEREAS, the funds will be used to improve the Shellfish Hatchery and expand the Shellfish industry in Alaska; and WHEREAS, shellfish aquaculture is a growth economic industry in Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby accepts grant funding in the amount of $ 250,000 from the State of Alaska for the Aluiitq Pride Shellfish Hatchery improvements and expanding shellfish aquaculture in Alaska. Section 2. Funding in the amount of $250,000 is hereby appropriated from state grant revenues account number 101- 0000 - 4680 -0200 to grant pass through account number 101 -1180- 5998. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of August 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 116 Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Michelle Weston, Assistant City Manager Agenda Item: Alutiiq Pride Shellfish Hatchery Funding Appropriation BACKGROUND & JUSTIFICATION: The City of Seward received a 2012 State Legislative Grant of $250,000 for the Alutiiq Pride Shellfish Hatchery. The funding will continue facility maintenance and improvements in energy efficiency, with $100,000 going towards developing reliable oyster seed. The project scope of work is outlined in the 2011 Alaska Legislature project snapshot report as attached. INTENT: To authorize the City Manager to appropriate $250,000 in state funding for the Alutiiq Pride Shellfish Hatchery. 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 or Other Plans or Policies: FISCAL NOTE This project is funded entirely by grant funds with no match required. Approved by Finance Department: ATTORNEY REVIEW Yes No —X, RECOMMENDATION: 0 � 4 Recommend approval of Resolution 2011 - appropriating $250,000 as a grant from the State of Alaska for the Alutiiq Pride Shellfish Hatchery. F) Total Project Snapshot Report 2011 Legislature Agency: Commerce, Community and Economic Development Grants to Named Recipients (AS 37.05.316) Grant Recipient: Seward Project Title: TPS Report 52180v1 Federal Tax ID: 92- 6000086 Project Type: Remodel, Reconstruction and Upgrades Seward - Alutiq Pride Shellfish Hatchery Upgrade State Funding Requested: $250,000 House District: 35 / R Future Funding May Be Requested Brief Project Description: Upgrading the Alutiq Pride Shellfish Hatchery and Expandinq Shellfish Aauaculture in Alaska, rultuinW rlan: Total Project Cost: $250,000 Funding Already Secured: ($0) FY2012 State Funding Request: ($250,000) Project Deficit: $0 Funding Details: Half of the project costs will be invested in labor. The equivalent of two summer construction jobs will be involved in different phases project completion. Detailed Project Description and Justification: The Alutiq Pride Shellfish Hatchery (APSH) is requesting a $250,000 capital budget project to continue facility maintenance and improvements in energy efficiency. This maintenance and infrastructure improvements will allow Alaska's only shellfish hatchery to fulfill its mission of rehabilitating weak shellfish stocks and meeting the needs of the state's shellfish farms. Accomplishing this mission will have a profound impact on shellfish and aquaculture businesses across the State of Alaska. APSH completed a substantial portion of its hatchery maintenance and upgrade program in 2010. In addition to facility maintenance, APSH focused upon improving energy efficiency. The most significant physical plant improvement was installation of a new marine water intake line. The old line was destroyed during the disastrous 2008 flood. The new intake line was a joint undertaking with the UAF School of Fisheries and Oceans Sciences marine research facility. A small but important addition was the construction of new walls to create contained lab space. The new modules provide scientists with the ability to conduct simultaneous experiments in the Mariculture Technical Center housed in the facility. The hatchery has installed modular water treatment systems consisting of bag and cartridge filters and UV radiation. In this way, heated water can be recirculated to minimize energy consumption. This also required the installation of electric water heaters to maintain the proper temperature. The prototype was installed and tested in 2009 and each of the six modules should have the system in place by the end of 2011. Despite a dramatic rise in energy costs the hatchery has reduced utility costs (fuel and electric) by 35% in 2010." The hatchery also removed rust on the interior walls, repaired cracks in the floor, installed a new heating system, and conducted a variety of smaller maintenance upgrades. In addition to tackling some of the maintenance issues at the Alutiiq Pride Shellfish Hatchery, $100,000 will be spent in conjunction with the Alaska Shellfish Growers Association and the Kachemak Shellfish Mariculture Association (KSMA) on Contact Name: Katie Koester Page 1 For use by Co -chair Staff Only: � P - r � d oOC� � � Contact Number: 235 -2921 \ 4:45 PM 5/27/2011 Total Project Snapshot Report 2011 Legislature TPS Report 52180v1 developing reliable oyster seed. The project will induce analyzing the feasibility of developing a regional oyster seed production facility at KMSA's facility on the Homer Spit. The Alutiiq Pride Shellfish Hatchery will deliver a report on the results of the trail facility in Homer and Oyster Seed Security in Alaska to the Senate Finance Committee by February 1, 2012. Project Timeline: When funding is secured, supplies will be purchased in August 2011 and construction could begin immediately thereafter. Constructi will be completed by December 2011. Entity Responsible for the Ongoing Operation and Maintenance of this Project: The Chugach Regional Resources Commission (CRRC) %OfdIIL mvt;wptent 1-ontact intormation: Name: Phillip Oates Title: City Manager City of Seward Address: 410 Adams Street Seward, Alaska 99664 Phone Number: (907)224 -4047 Email: poates @cityofseward.net Has this project been through a public review process at the local level and is it a community priority? RX Yes ❑ No For use by Co -chair Staff Only: Page 2 Contact Name: Katie Koester Contact Number: 235 -2921 4:45 PM 5/27/2011 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, APPROPRIATING $304,290 IN LIBRARY GRANT FUNDS AND APPROVING AMENDMENT NO. 3 FOR THE CONTRACT WITH ECl/HYER FOR ARCHITECTURAL SERVICES DURING THE CONSTRUCTION PHASE OF THE SEWARD MUSEUM/LIBRARY WHEREAS, the City of Seward is building a new library/museum and has received State of Alaska and private foundation funding for part of this project; and, WHEREAS, ECI /HYER provided architectural services for the design phase of the project; and WHEREAS, $41,242 is owed to ECl/HYER for preparing the building construction documents; and, WHEREAS, an additional $263,048 is required for architectural services during the construction phase of this project. 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 approve Amendment 3 to the contract with ECI /HYER in the amount of $304,290 for architectural services for the Seward Museum/Library project. Section 2. Funding in the amount of $304,290 is hereby appropriated from miscellaneous grant revenue account number 626 - 6261- 4680 -0200 to contracted services account 626 - 6261 -5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of August 2011. �� Council Agenda Statement Meeting Date: August 22, 2011 Through: Phillip Oates, City Manager From: Michelle Weston, Assistant City Manager Agenda Item: Appropriation of $304,290 for a contract amendment with ECI /HYER for architectural services during the construction phase of the Seward Museum /Libra ISAUKUROUND & JUSTIFICATION: The City of Seward has a contract with ECl/HYER to provide architectural services for the Seward Museum Library project. An approval of a total of $304,290 for Amendment #3 to the contract will provide for architectural services during the construction phase of the project. $41,242 of the funding has already been spent on preparation of construction documents, leaving $263,048 for architectural services during the construction phase. INTENT: To authorize the City Manager to appropriate $304,290 for Amendment #3 of the contract with ECI /Hyer for architectural services during the construction phase of the Library /Museum project. 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 or Other Plans or Policies: FISCAL NOTE The City of Seward has received $5,100,000 for this project from the State of Alaska, $500,000 from the Rasmussen Foundation, $500,000 from the National Endowment for Humanities and a pledge of $500,000 in private donations. The City of Seward has approved with Council Resolution 2011 -047 a general obligation bond not to exceed $3,700,000. It is anticipated that there will be increased annual operating costs with the new larger Museum /Library building. 626 - 6261 -5390 $304,290 Approved by Finance Department: ATTORNEY REVIEW Yes No —X. RECOMMENDATION: Recommend approval of Resolution 2011 - �� appropriating $304,290 for Amendment #3 of a contract with ECI /HYER to provide architectural services during the construction phase of the Seward Museum/Library Project. 1 �l CONTRACT NO: C09 -100 AMENDMENT NUMBER: 003 Agreement Between the CITY OF SEWARD And ECl/HYER SUBJECT: Amendment No. 3 to the professional services contract with ECI /HYER for architectural services related to the Seward Library and Museum Project authorized by Resolution No. 2010 -073, approved by the Seward City Council on August 9, 2010 ( "Contract "). RELATIVE TO: Construction of the Seward Library /Museum. The Agreement is hereby amended as follows: The City hereby authorized ECI /HYER to provide architectural services during the conduction phase of the project. The scope of work and cost proposal is attached in Attachment A. The cost for Amendment No.3 shall not exceed $304,290. All other terms and conditions of the Contract remain in effect and are unchanged. IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE THIS AGREEMENT: RISE ALASKA CITY OF SEWARD Date Phillip Oates, City Manager Date ATTEST: Johanna Kinney, City Clerk, CMC Date Rl� Seward Community Library and Museum Project Number 09- 0011/C. File August 10, 2011 Kent Crandall RISE Alaska 880 "H" Street Suite 101 Anchorage, Alaska 99501 RE: Professional Services Proposal for Construction Administration Dear Kent: Thanks for taking the time yesterday to review the professional services phase during construction and the budget that has been established for this effort. We reviewed our recommended budget proposal dated 6/29/2011 which included traditional A/E construction administration support, site visits for architect and engineer team members for QA /QC site observations and reimbursable expenses. The total was $365,779. We understand the established budget is $220,000. =ter We understand there are some adjustments to scope that should reduce the - - r overall effort. �r HYEK • PCL is now going to work through the winter which will shorten the construction schedule. • RISE intends to visit the site bi- weekly and therefore will review and certify all Contractor pay applications and will manage all issues involving time or money. • Site visits by the design team have been reduced and are as noted on the attached spread sheet. • Record documents will be provided by the Contractor. Attached is a revised spread sheet that acknowledges the scope adjustments and reductions of site visits, but the derivation was still somewhat arbitrary in that I reduced the mechanical and electrical proposal by 10% and the architectural effort by 25 %. This still did not quite achieve the budget goal that has been established. As you know from experience, the efforts during construction can be quite variable, depending on many factors. If the project evolves efficiently and quickly it certainly may be possible to reach your desired budget and retain the contingency that has been set aside. At this stage I believe it is probably prudent to forge ahead providing the A/E team with an authorization you are comfortable with. We shall all need to monitor the progress and expenditures as we proceed through ARCHITECTURE construction. INTERIORS 101 WEST BENSON SUITE 306 ANCHORAGE, AK 99503 907.561.5543 907.562.3213 FAX Kent Crandall August 10, 2011 Page 2 Please provide confirmation of the number you want me to plug in and I shall develop Amendment No. 3 as requested by Michelle. As a matter of housekeeping should we also include the outstanding authorization for bid phase services in Amendment No. 3 or should that be in a separate Amendment? Thanks for your help in working through this. Sincerely, ECI /Hyer, Inc. "I-Ir X - 7dje-� Terry K. Hyer enclosure cc: Deborah Holmes Jae Shin TH /amf HYER ECI /Hoer. Inc. Summary of Services Seward City Library Museum 8/9/2011 NOTES: • Summary of Site Visits - Timing as requested by RISE 8 - Architectural: 6 trips plus substantial and final completion 3 - Civil: 2 trips plus substantial 5 - Structural: 4 trips plus substantial 3 - Mechanical: 2 trips plus substantial 3 - Electrical: 2 trips plus substantial • Commissioning by others • Exhibits by others • Landscape services to be added if landscape alternate is included in construction contract — A 4M rinwrtif Q "M Architecture ECI /Hyer Landscape Corvus Civil Nelson Structural Nelson Mechanical AMC Electrical AMC TOTAL Basic Services Construction Admin. Office $126,500 $0 $10,230 $14,168 $33,000 $23,000 $206,898 Reimbursable Expenses $5,600 $5,600 Total Services $132,100 $0 $10,230 $14,168 $33,000 $23,000 $212,498 Construction Admin. Site Visits $16,800 $0 $5,500 $7,000 $7,260 $7,260 $43,820 Reimbursable Expenses $4,600 $350 $580 $600 $600 $6,730 Total Services $21,400 $0 $S,8501 $7,580 $7,860 $7,8601 $50,550 ECI /Hyer Services $143,300 Subconsuitant Services $107,418 Estimated Expenses $12,330 Grand Total Services $263,048 NOTES: • Summary of Site Visits - Timing as requested by RISE 8 - Architectural: 6 trips plus substantial and final completion 3 - Civil: 2 trips plus substantial 5 - Structural: 4 trips plus substantial 3 - Mechanical: 2 trips plus substantial 3 - Electrical: 2 trips plus substantial • Commissioning by others • Exhibits by others • Landscape services to be added if landscape alternate is included in construction contract — A 4M rinwrtif Q "M Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, APPROPRIATING $144,965 IN LIBRARY GRANT FUNDS AND APPROVING AMENDMENT NO. 4 FOR THE CONTRACT WITH RISE ALASKA FOR PROJECT MANAGEMENT DURING THE CONSTRUCTION PHASE OF THE SEWARD MUSEUM/LIBRARY WHEREAS, the City of Seward is building a new library /museum and has received State of Alaska and private foundation funding for part of this project; and, WHEREAS, RISE provided project management services for the design phase of the project; and WHEREAS, $144,965, is needed for RISE Alaska to provide project management services during the construction phase of the project. 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 approve Amendment 4 to the contract with RISE ALASKA in the amount of $144,965 for project management services for the Seward Museum/Library project. Section 2. Funding in the amount of $144,965 is hereby appropriated from miscellaneous grant revenue account number 626 -6261 - 4680 -0200 to contracted services account 626 - 6261 -5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of August 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor �a(0 Council Agenda Statement Meeting Date: Through: From: Agenda Item: August 22, 2011 Phillip Oates, City Manager Michelle Weston, Assistant City Manager Appropriation of $144,965 for a contract amendment with RISE Alaska for project management services during the construction phase of the Seward Museum/Library BACKGROUND & JUSTIFICATION: The City of Seward has a contract with RISE Alaska to provide contract management services for the Seward Museum Library project. An approval of an additional $144,965 for Amendment #44 to the contract will provide for project management services during the construction phase of the project. INTENT: To authorize the City Manager to appropriate $144,965 for Amendment #4 of the contract with Rise Alaska for project management services during the construction phase of the Library /Museum project. 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 or Other Plans or Policies: FISCAL NOTE The City of Seward has received $5,100,000 for this project from the State of Alaska, $500,000 from the Rasmussen Foundation, $500,000 from the National Endowment for Humanities and a pledge of $500,000 in private donations. The City of Seward has approved with Council Resolution 2011 -047 a general obligation bond not to exceed $3,700,000. It is anticipated that there will be increased annual operating costs with the new larger Museum /Library building. 626 - 6261 -5390 $144,965 Approved by Finance Department -� ATTORNEY REVIEW Yes No — X RECOMMENDATION: Recommend approval of Resolution 2011 - O appropriating $144,965 for Amendment 44 of a contract with RISE Alaska to provide project management services during the construction phase of the Seward Museum/Library Project. CONTRACT NO: C09 -091 AMENDMENT NUMBER: 004 Agreement Between the CITY OF SEWARD And RISE ALASKA SUBJECT: Amendment No. 4 to the professional services contract with RISE ALASKA for project management services related to the Seward Library and Museum Project authorized by Resolution No. 2009 -091, approved by the Seward City Council on September 28, 2009 ( "Contract "). RELATIVE TO: Construction of the Seward Library /Museum. The Agreement is hereby amended as follows: The City hereby authorized RISE ALASKA to provide project management services during the conduction phase of the project. The scope of work and cost proposal is attached in Attachment A. The cost for Amendment No.4 shall not exceed $144,965. All other terms and conditions of the Contract remain in effect and are unchanged. IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE THIS AGREEMENT: RISE ALASKA Date CITY OF SEWARD Phillip Oates, City Manager ATTEST: Johanna Kinney, City Clerk, CMC Date Date ��b SCLM PM Fee Estimate Construction and Closeout Phase 8/10/2011 2011 rate Aug Sept Oct Nov Dec Hours Jun Kent Crandall $ 150.00 40 60 Tech Support $ 50.00 10 60 10 60 10 40 10 260 40 $ 39,000 $ 2,000 Total 40 70 70 70 50 300 $ 41,000 2012 (rate adjusted for escalation) rate Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Hours Kent Crandall $ 155.00 35 Tech Support $ 60.00 10 35 10 35 10 35 10 55 10 58 10 60 10 60 10 50 10 60 10 60 10 40 10 583 120 $ 90,365 $ 7,200 Total 45 45 45 45 65 68 70 70 60 70 70 50 703 $ 97,565 2011 $ 41,000 2012 $ 97,565 Reimbursables: 32 Trips x $200 /per $ 6,400 TOTAL $ 144,965 298705 ALASKA August 10, 2011 Michelle Weston Community Development Director City of Seward P.O. Box 167 Seward, AK 99664 RE: Amendment #4 to Contact C09 -091 Seward Community Library Museum Project Management Dear Ms. Weston, We request an amendment to RISE Alaska's above referenced contract to extend Project Management Services through the construction phase for the Seward Community Library Museum, This Modification would increase our NTE fee by $144,965, to change the total contract amount to $298,705. The scope of services will be to manage the construction process for 17 months, including review of payment applications, review of change order proposals, facilitation of meetings, review of schedules, quality assurance inspections, managing Special Inspections and other services as outlined in our original agreement. I have included 10 hours per month for administrative /technical support. The additional fees are detailed on the attached SCLM Fee Estimate. Sincerely, Roe Sturgulewski President RISE Alaska LLC RISE ALASKA LLC • 880 H STREET, SUITE 101 i ANCHORAGE, ALASKA 99501 • PHONE 907.276.8095 a FAX 907.276.8609 s WWW.RISEALASKA.COM 1�o Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE ALASKA ENERGY EFFICIENCY REVOLVING LOAN FUND FOR AN AGGREGATE AMOUNT NOT TO EXCEED $678,533, TO PAY THE COST OF ENERGY UPGRADES AT THE ALASKA SEALIFE CENTER BUILDING WHEREAS, pursuant to AS 18.56.855, the Alaska Housing Finance Corporation ( "AHFC ") may make loans to a municipality from the Alaska Energy Efficiency Revolving Loan Fund (the "Fund ") for the purpose of funding energy efficiency improvements to buildings owned by the municipality; and WHEREAS, the City owns the Alaska SeaLife Center, and entered into a Lease and Operating Agreement with the Seward Association for the Advancement of Marine Science (the "SAAMS ") for the lease and operation of the Alaska SeaLife Center; and WHEREAS, SAAMS proposes to construct and acquire energy efficiency upgrades (the "Project ") at the Alaska SeaLife Center building, and has requested that the City borrow an amount not to exceed $678,533 from the Fund (the "Loan ") to pay the cost of the Project; and WHEREAS, this resolution authorize the City to apply for a loan, but does not commit the City to borrowing from AHFC. 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 apply for a loan from AHFC through the Alaska Energy Efficiency Revolving Loan Fund Program in an amount not to exceed $678,533. This authorization excludes entering into any loan agreement, and does not authorize borrowing by the City of Seward. Section 2 . This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 " day of August 2011. X31 Council Agenda Statement Meeting Date: August 22, 2011 From: Phillip Oates, City Manager Agenda Item: AEERLP Application for Energy Efficiency Improvements at Alaska SeaLife Center BACKGROUND In spring 2009 the Seward Association for the Advancement of Marine Science, dba, Alaska SeaLife Center ( SAAMS) commenced a Facility Improvement preliminary audit with Siemens Industry — Building Technologies Division (Siemens). The preliminary audit was completed in fall 2009 with a recommendation that the Alaska SeaLife Center building had the potential to achieve a potential 15 -20% energy cost saving over 10 years with completion of Facility Improvement Measures (FIM). In November 2009, SAAMS signed a Letter of Intent with Siemens to perform an investment grade energy audit. This audit was completed over the winter 2009 -2010 with a finding that a base energy project with a project cost of $678,533 could be financed by energy and operational savings from the project plus achieve energy and operational savings of $647,000 over a 20 -year project useful life. SAAMS would like to City to apply for a loan to finance these energy improvements. ALASKA ENERGY EFFICIENCY REVOLVING LOAN FUND PROGRAM (AEERLFP) The 2010 Alaska Legislature with the passage of SB 220 created the Alaska Energy Efficiency Revolving Loan Fund Program ( AEERLP) under the Alaska Housing Finance Corporation that provides financing for permanent energy efficient improvements to buildings owned by regional educational attendance areas, by the University of Alaska, by the State, or by municipalities in the State. Eligible borrowers obtain an Investment Grade Audit (IGA) as the basis for making cost - effective energy improvements, selecting from the list of energy efficiency measures identified with the Audit. As a City -owned facility, the ASLC cost - effective energy improvement measures identified in the Siemens audit are eligible for funding under the AEERLP. Loans are for a 15 -year term maximum and there are no penalties for early loan payoff. Interest rates vary between 4.25% to 5% depending on the loan term. SAAMS has proposed making debt service payments to the City from money saved as a result of the efficiency improvements that would otherwise be spent on energy costs. The City's loan would be repaid from amounts received from SAAMS and, if such funds are not available, by intercepting any other State funds that would otherwise be paid by the State to the City. ASLC PROPOSAL TO THE CITY SAAMS is seeking City Council authorization for the City administration to apply for an AEERLP loan to finance the base energy project developed from the Siemens audit consisting of a new building automations system, lighting control upgrades and HVAC balancing. The Detailed Investment Grade Audit (IGA) and Energy Services and cash flow analysis using a 4.375% annual interest rate financed over 14 -years shows the forecast energy and operational savings would retire the loan in 14- years, with cumulative net cash flow over 20 -years of $647,032. The benefits to the City and SAAMS include a project that is cash neutral (the payments are expected to equal the cost savings from the improvements); guarantees reduction in energy ,� -,a, usage (provided all Siemens requirements are met); reduces carbon emissions, provides new systems that reduce maintenance demands; and compliments the recently installed seawater heat pump system. Under the terms of the Siemens Performance Agreement, Siemens provides a firm price for the identified scope of work and the savings generated from energy, operational and maintenance savings repay the financing. Energy and operational savings are guaranteed to offset the cost of the loan payments. Siemens guarantees that the energy savings meet or exceed the cost of the financing, otherwise they pay the difference. Siemens has the option of implementing additional improvement measures at their expense to meet the guarantee. Ongoing measurement by SAAMS and verification will ensure that the guaranteed energy savings continue for the contract term. SAAMS representatives and Seward City Council met in a work session on May 23, 2011 to review the Siemens audit and AEERLP. As a result of the work session, the City Administration was requested to prepare the AEERLP corporate borrowing resolution for consideration by Council, and SAAMS was requested to prepare an amendment to the Lease and Operating Agreement for the SeaLife Center and an assignment agreement whereby SAAMS will assume all obligations for payment of the AEERLP loan and all obligations of Siemens to ensure Siemens' guaranteed cost savings remain effective. The AHFC has indicated that a 14 -year AEERLP loan could be made at 4.375% interest. Following Council adoption of the borrowing resolution, the application package can be submitted to AHFC who have indicated that a term loan commitment letter will shortly follow. This will authorize the loan, but will not commit the City to borrowing under the AEERLP. Under the provisions of the AEERLP regulations the application documentation is as follows: 1. Loan Application signed and dated (AHFC Form AEELRP -1); 2. Resolution authorizing the application; 3. Evidence of title vesting in the property — copy of warranty deed of preliminary title report; 4. Copy of an approved Investment Grade Audit and list of selected energy efficiency measures (scope of work); 5. Copy of Performance Contract; and 6. Other documentation as reasonably requested by AHFC. Upon receipt of an application for a loan under the program, AHFC will review the information and either issue a term loan commitment letter, decline the loan, or pend for additional information. AHFC will require the following documents to be executed for the loan closing: 1. Corporate Borrowing Resolution authorizing the borrowing and authorize the signers to enter into the loan transaction; 2. Promissory Note (there will also be promissory note executed by the ASLC to the city); 3. Loan Agreement (there will also be a loan agreement executed between the city and ASLC): 4. Assignment of Siemens Performance Contract Payment Guarantee to AHFC; 5. Approved scope of work, including anticipated draw schedule; 6. Legal opinion from city attorney regarding the transaction; 7. Any other documentation as requested by AHFC. 1 The AHFC will assess a .50% loan fee at the time of closing which will be the obligation of the ASLC to pay. The ASLC will also the pay the city's reasonable costs in completing the necessary loan documentation. INTENT: To authorize the city manager to make a non - binding application to AHFC for an Alaska Energy Efficiency Loan to fund energy efficiency measure at the Alaska SeaLife Center consisting of lighting controls, new building automation system (BAS), and HVAC balancing in the amount of $678,533. Authorization to enter into the loan will be subject to future city council resolution following public hearing on an amendment to the SAAMS /City Lease and Operating Agreement. 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 or Other Plans or Policies. FISCAL NOTE This is authorization to submit an application for an AEERLP and does to bind the City to enter into a loan or any other transaction with AHFC. Approved by Finance Department: 9/x � ATTORNEY REVIEW: Yes X No RECOMMENDATION: The City Council approves Resolution No. 2011 - l authorizing the City Manager to submit an Alaska Energy Efficiency Revolving Loan application to finance energy improvement measures at the Alaska SeaLife Center. t-�q City of Seward, Alaska Au st 03, 2011 City Council Minutes Volume 38 Page CALL TO ORDER The August 3, 2011 special meeting of the Seward City Council was called to order at 9:26 p.m. by Mayor Willard E. Dunham. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Ristine Casagranda comprising a quorum of the Council; and OTHER NEW BUSINESS EXECUTIVE SESSION Motion (Bardarson/Keil) Go into executive session on matters pertaining to pending litigation in Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics vs. The City of Seward to give direction to the City Attorney. Motion Passed Unanimous Council went into executive session at 9:26 p.m. Council came out of executive session at 10:00 p.m. COUNCILS' COMMENTS - None `�J City of Seward, Alaska City Council Minutes August 03 2011 Volume 38, Page CITIZENS' COMMENTS -None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 10:01 p.m. Johanna Kinney, CMC City Clerk (City Seal) v %6 City of Seward, Alaska August 8, 2011 City Council Minutes Volume 38 Page CALL TO ORDER The August 8, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Chief Tom Clemons led the pledge of allegiance to the fl' ag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, City Clerk Absent — Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING- None APPROVAL OF AGENDA'AND CONSENT AGENDA Motion (Bardarsou /Shafer) Approval of Agenda and Consent Agenda A discussion item wa"§ ,added under other new business to discuss the proposed budget calendar. Council added an item to schedule another work session on building codes under other new business. Motion Passed Unanimous The clerk read the following approved consent agenda items: The July 25, 2011 City Council Regular Meeting Minutes and the August 1, 2011 Special City Council Meeting Minutes Were Approved. City of Seward, Alaska City Council Minutes Aug 8 2011 Volume 38, Page SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Borough Assembly Report. Assembly Representative Sue McClure reported various issues going on with the Borough. There were several ballot items going before the voters on the ballot this year including the dissolution of the Lowell Point Service Area Board and reapportionment. The Assembly came up with language that put term of office for Assembly Members identical to the Mayor's, so it would not go on the ballot. The upshot was a couple offices might serve more than 6 years, but no one would have to be termed out after two years. They put on ballot the question of the reapportionment asking public if they wanted a nine member assembly or an eleven member Assembly. McClure stated she would report more on the propositions during the first September council meeting. She emphasized the service area board seats up at the election. There were seats open for election on the Lowell Point Service Area Board, the Bear Creek Fire Service Area Board, and the Seward Bear Creek Flood Service Area Board. The City of Seward seat on the Seward Bear Creek Flood Service Area Board was still empty as well as seats up for election. McClure implored people to sign up for the seats. She noted the Borough Assembly meetings were broadcasted on 88.1 FM for the public to listen to There would be a mayoral race this year, so far 2 of the six reported interest had filed so far, with the filing ending August 15, 2011. McClure encouraged the public to use the Seward Annex office; it was a useful place to obtain borough information. City Manager's Report, City Manager Phillip Oates stated there were purchases approved for between $10,000 since the last Council, Meeting. 250 -ton Travelift Slings were purchased for $15,460 including shipping, a dumpster for the North East Harbor to be located near Z float at $14,850 including shipping, in the Electricbepartment, payment to EPS (consultant) for their presentation to the City Council and to do calculations to verify the climatic design criteria requested by GCI $19,953.42, and an antifreeze holding tank with pump for the generation facility to pump out and recondition the antifreeze in the generators at $13,724.00. There was a ribbon cutting ceremony at the North Forest Acres Levee Road today, and the road was now open. Bill Nelsori would give a presentation on building the road and address if the road was built high enough._, In the Fire /Building Department, the building /remodel season was going well as indicated by the rise in the number of permits issued compared to last year. Oates encouraged the community to contact the Building Department for assistance with any questions about permitting requirements or the process. The Fire Department and other City personnel were assisting with the planning of Exercise "CHNGATUX" which was designed to conduct an all- hazards Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) Field Training Exercise (FTX) in order to create conditions to reinforce interoperability among the local stakeholders. This exercise would take place August 8 -12, 2011 in several different venues around town. �-S-i City of Seward, Alaska City Council Minutes August 8, 2011 Volume 38 Page The Finance Department was working to craft a Request for Proposal for waste management services which would go out in the fall. Criteria would be brought forward to the City Council prior to the RFP being distributed. The city had received some good information from the Seward Wildlife Community Conservation Program concerning bear resistant garbage cans, dumpster lids, and rates associated with these types of containers. The suggestions would be incorporated into the RFP. The contract with Alaska Waste expired next year, so this would be an issue that would come before the voters in October 2012. The finance department would also be seeking Requests for Proposal from accounting firms for auditing services. The scoring criteria would be based on the following: 20% - Cost -based 20% - Firm's size and estimate of labor hours require d to complete audit 20% - Experience with engagements similar to, Seward, in references 20% - Technical qualifications of the firm and individuals as to the audit 10% - Past performance on City contracts,: 10% - Proposal's responsiveness to understanding the scope of work Also, the finance department was beginning the process of researching new general ledger accounting software packages. Our current software was installed in 1989. The software company was now serviced by only one individual,; and it was recommended the city migrate away from the existing technology because it was so old` and difficult to support. In the Harbor, a municipal harbor matching grant was submitted to DOT Ports & Harbors for the replacement of D float. The award of this grant was dependent on state funding for FY 2013 for this program. The City would be I notified if the grant was awarded or not in July 2012. The 2011 Salmon Derby would begin August 13, 2011 and continue through August 21, 2011. The harbor had designated approximately 60 linear feet space on'`the north -west corner of X float as a seasonal loading zone for the public for the loading of passengers, kayaks, and equipment. City Administration met with representatives from several engineering firms on August 4, 2011 to answer questions regarding the request for proposals for enclosing the SMIC Basin and developing additional moorage that may benefit the Coastal Villages fleet. The electric department had completed the phasing protection at Fort Raymond substation. They do not yet have the parameters from Alaska Energy Authority (AEA) on the specifics of the state grant of $4 million; however they have been assured that any work started after July 1, 2011 can still be allocated to those funds. The electric department had started the engineering required to retire the old silencer for generator three. The new silencer would stand vertically next to the building instead of being mounted on the roof. Crews had replaced a secondary pole located on Adams Street in the alley between First and Second Avenues. The pole was a safety concern because of damage and cracks at the base. In Public Works, the SMC Dolphin Project 100% design was substantially complete, but construction would be delayed until 2012 due to permit hurdles. The Lowell Creek Bridge Repair and Tidal Surge Repair work had been inspected and the grants had been closed out. The only remaining work with the USCG Relocation was the electrical work, but that could not be completed until the USCG building was on the new foundation, staff was working with USCG in targeting the building relocation by early September /October 2011. Oates stressed the importance of moving the City of Seward, Alaska City Council Minutes August 8 2011 Volume 38, Page building before the ground froze. The construction for the Scheffler Creek Pedestrian Bridge was substantially complete as of August 11, 2011. A ribbon cutting ceremony would occur on August 22, 2011 at 4:30 p.m. The sidewalk bid package was complete, but staff would not advertise or award until a later time because the completion date was extended until May 2012. Mayoral Report, Willard Dunham stated he took some time off and went out of state last week. It had been a light month. He took executive officer of the Coast Guard Cutter Healy to lunch when they were in town and noted the Coast Guard vessel would be back in November, hopefully. They had talked a lot about the Coast Guard and shipyard and bringing the ships to Seward, and Dunham said he learned a lot about their status. It was a day of celebrations — he attended a ribbon cutting celebration for the Mariner's Memorial, the new Alaska SeaLife Center Overlook dedicated in Governor Walter Hickel's name, and a ribbon cutting ceremony "for the North Forest Acres Levee Road. Staff was in the process of scheduling Coastal Villages meetings ; and he hoped council would make a point to listen in and participate in some of these meetings. They would have a list of dates soon to distribute. Other Reports, Announcements and Presentations A Presentation was given by Bill Nelson of Nelson Associates on the North Forest Acres Levee. OTHER NEW BUSINESS. Council selected interview questions for the first round of City Manager interviews and decided to hold the interviews telephonically. Council "scheduled City Manager.interviews for August 17 and 18, 2011 at 6:00 p.m. After discussing the proposed budget calendar laid down by administration, council approved as proposed. Council scheduled#I continuation work session to discuss amending building codes for August 29, 2011 at 6:00 p.m. - City Clerk Johanna Kinney informed council there would likely be a special meeting schedule after<the adjournment of this work session, but would be scheduled at a later date. INFORMATIONAL ITEMS AND REPORTS (No action required COUNCILS' COMMENTS Valdatta said he had heard more support for the tot lot playground recently. There was some merit in keeping it, he stated. Shafer said after the appeal hearing, they had mentioned making the federal delegation aware of the funding AVTEC was waiting on to demolish the old culinary portion. Oates responded they I�At City of Seward, Alaska A_ ugust 8, 2011 City Council Minutes V olume 38, Page were working on that. There was an older citizen who wanted senior citizens to be exempt from sales tax. Shafer said she didn't think it was a feasible option, but wanted to bring it up to council. Keil said she also spoke with that individual with the sales tax exemption request. She said it would be difficult to cut out sales tax for anyone, but she hoped to look at budget cuts to hopefully not have to raise utility rates again. She urged the public to tell them what they think critical services were and were not. Keil said today was the day of ribbon cuttings and ceremonial duties for the city. She congratulated those who put together the Mariner's Memorial. Ermalee Hickel, who was at the SeaLife Center today for the dedication of the Walter Hickel Overlook, was a wonderful woman and it was great she could come down today. Keil offered a job well - done to staff to complete the levee road. Bardarson thanked the staff for their support on the levee road project. Thanks to everyone who moved the project forward. She gave thanks to the Mariner's Memorial folks for their work to move this forward. Dunham agreed this was a great day indeed with all the celebrations included. He was delighted Margaret Anderson and Iris Johnson were in attendance today for the Mariner's Memorial and it showed what our community was about. It was heartwarming to see the Hickel family here today with the overlook dedication at the Sealife "Center. The salmon derby started this weekend, Dunham hoped people signed up to serve as judges and volunteer. Also, Seward had openings on the Planning and Zoning Cornmission and needed help badly. He asked that someone please step forward to serve on this commission. Oates thought there could be some legal issues with exempting certain people from sales tax. CITIZENS' COMMENTS McClure said she was disappointed some sidewalks were not getting repaired this summer, especially near the senior center. She agreed with Dunham's comments a few years ago that the sidewalks were'a disgrace and hazardous. She didn't think Seward should be waiting to repair the sidewalks. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS City Clerk Kinney sought clarification if the council wanted to continue to receive late applications for the city manager position. Council directed the clerk to continue to accept them, but note the timeliness of the submission. Oates said he could attempt to fix the sidewalks at the end of the summer, possibly. The issue of time was a little more complex. Dunham wanted to get a review of the bad places in town. Oates said he had done that. The work was estimated $30,000 - 50,000. Shafer said she feared the city may run the risk of not doing it right in not taking the time to make sure the job is done correctly. lye City of Seward, Alaska City Council Minutes August 8, 2011 Volume 38, Page ADJOURNMENT 7/26/2011 10:59 AM Run Date - 7/26/11 @ 10:59 AM Providence Health & Services DET_OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of June 2011 % Variance Actual MTD Budget MTD MTD 157 157 0.0% 521 636 (18.1%) 127 182 (30.2°x6) 1,087 859 26.5% (8.7 %) 2,999 (7.2° /6) 1,892 1,834 3.2% Gross Service Revenues: Acute Care - Inpatient Acute Care - Outpatient Primary Care Long -term Care Homecare & Hospice Housing & Assist. Living Total Gross Service Revenues % Variance Last Year % Variance Actual YTD Budget YTD YTD Actual YTD YTD 1,134 943 20.3% 1,009 12.4% 2,782 3,047 (8.7 %) 2,999 (7.2° /6) 644 817 (21.2 %) 795 (19.0 %) 6,831 5,181 31.8% 4,639 47.3% 11,391 9,988 14.0 9,442 20.6 17 29 (41.4 %) 404 58 596.6°x6 (45) 6 (850.0 %) 155 51 203.9% 531 144 268.8% 1,361 1,690 (19.5 %) 13 7 85.7% 1,374 1,697 (19.0 %) 827 716 15.5% 184 209 (12.0 %) ( 6 (183.3 %) 101 75 34.7% 226 171 32.2% 2 2 20.5% 1 - - 172 86 100.0% 100 55 81.8% 1,608 1,320 21.8% 1,608 1,320 21.8% (234) 377 (162.1 %) Revenue Deductions: Charity Care Medicare & Medicaid Negotiated Contracts Other Total Deductions Net Service Revenue Premium Revenue Rental and Education Revenue Other Operating Revenue Total Net Operating Revenues Expenses from Operations: - Purchased and Healthcare Expenses _ Other Expenses from Operations: Salaries & Wages Employee Benefits Professional Fees Supplies Purchased Service Depreciation Interest and Amortization Bad Debts Taxes and Licenses Other Expenses Total Other Exp from Operations Total Operating Expenses Excess of Rev Over Exp from OPS 151 175 (13.7 %) 143 5.6% 1,240 2,335 275 749.1% 610 282.8% 37 16 27 (40.7 %) 29 (44.8 %) 20.5% 408 253 61.3% 215 89.8% 1,017 2,910 730 298.6 997 191.9% - 8,481 9,258 (8.4 %) 8,445 0.4% 489 436 12.2% 421 16.2% 2 3 (33.3 %) 3 (33.3 %) 429 332 29.2% 171 43 297.7% 188 (9.0 %) 6,875 8,652 9,301 (7.0 %) 8,633 0.2% 24.3% 4,479 4,271 4.9% 4,067 10.1% 1,240 1,257 (1.4 %) 1,205 2.9% 83 37 124.3% 28 196.4% 506 420 20.5% 466 8.6% 1,285 1,035 24.2% 1,017 26.4°x6 11 11 11 - 20 1 1,900.0% 2 900.0% 489 436 12.2% 421 16.2% 2 3 (33.3 %) 3 (33.3 %) 429 332 29.2% (345) 224.3% 8,544 7,803 9.5% 6,875 24.3% 8,544 7,803 9.5% 6,875 24.3% 108 1,498 (92.8 %) 1,758 (93.9 %) - Non-Operating Gain (Loss) - 1 (234) 377 (162.1 %) Excess of Revenues Over Expenses 108 1,498 (92.8 %) 1,759 (93.9 %) Other Activity- U nrestricte d (1,220) (1,559) 21.7°0 Increase (Decrease) in UR Net Assets (1,1121 200 (656.0 %1 7/26/2011 PRELIM - Run Date - 7/26/11 @ 10:59 AM ASSETS Current Assets: Cash and Cash Equivalents System Pooled Cash Mgmt Designated Cash & Cash Equiv Short Term Investments Assets Held Under Securities Lending Accounts Receivable, Net Affiliate Receivable Premiums Receivable Other Receivables Supplies Inventory at Cost Other Current Assets Current Port. of Assets -Use is LTD Total Current Assets Assets Whose Use is Limited: Mgmt Designated Cash and Investments Funds Held for Long -term Purposes Gift Annuity and Trust Funds Funds Held by Trustees Non - Current Assets Limited as to Use Property. Plant & Equipment: Gross Property, Plant & Equipment Less: Accumulated Depreciation Net Property, Plant & Equipment Other Assets: Unamortized Financing Cost Interaffiliate Notes Receivable Other (Intl. Long -term Investments) Total Other Assets Total Assets Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of June 2011 June 2011 December 2010 Actual Last Year (888) (414) 3,225 2,111 42 (18) 16 24 - 30 2,395 1,703 LIABILITIES & NET ASSETS Current Liabilities: Accounts Payable Accrued Compensation Affiliates Payable Payable to Contractual Agencies Deferred Revenue /Unearned Premiums Liability for Unpaid Medical Claims Liability for Risk - Sharing Liabilities Under Securities Lending Other Current Liabilities Short-Term Debt Current Portion of Long -Term Debt Total Current Liabilities 759 476 883 834 769 476 107 107 (85) (75) 22 32 29 30 29 30 3.205 2.241 Long -Term Debt: Master Trust Debt Loans from Affiliates Other Long -Term Debt Other Long -Term Liabilities Total Liabilities Net Assets: Unrestricted Temporarily Restricted Permanently Restricted Total Net Assets Total Liabilities and Net Assets June 2011 December 2010 Actual Last Year 209 223 883 834 48 420 - 30 3,688 1,231 4,828 2,738 55 69 4,883 2,807 (1,681) (569) 3 3 (1,678) (566) 3,206 2,241 10:59 AM BAL_SHT 8 7/26/2011 PRELIM - Run Date - 7/26/11 @ 10:59 AM Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Statement of Changes in Net Assets (in Thousands) Reported as of June 2011 UNRESTRICTED FUNDS Current Year to Date Prior Year to D ate Beginning of Year Excess of Revenues Over Expenses Restricted Contributions & Grants Net Assets Released from Rest. Interdivision Transfers Net Assets (Liabilities) Assumed Unrealized Gains(Losses) on Invest. Extraordinary Items & Other Total Change in Net Assets Ending Balance Beginning of Year Investment and Other Income Restricted Contributions & Grants Net Assets Released From Rest. Interdivision Transfers Net Assets (Liabilities) Assumed Unrealized Gains (Losses) on Inv. Extraordinary Items & Other Total Change in Net Assets Ending Balance (569) (371) 108 1,759 (1,219) ( (1,558) ( (1,112) 200 (1,681) (171) TEMPORARILY RESTRICTED FUNDS Current Year to Date Prior Year to D ate . 3 - 3 3 3 3 10:59 AM STMT_CHG y r 6s] City of Seward FUND: 101 - General Fund Line Item Revenue Summary by Fund Through June, 50% of year has expired l�o THROUGH JUNE ANNUAL ----------------------------------- ----------- Actual -- -- ---- YTD -- -- - - - - -- Budget --------------- Annual - -- - -- % of Account Name - -- 2010 2011 Variance Budget Variance Budget Annual Bud --- --- -- -- -- -- General Property $ -- -- -- - - -- 36,793 $ - -- --- - --- 28,262 --- - -- - -- $ (8,530) $ ---- - - -- -- 507,457 -- - - - ---- $ (479,194) $ --- -- --- -- 1,014,913 - - - - - -- 2.78 % Sales Tax Revenue 951,054 962,003 10, 94.9 1,963,263 (1,001,260) 3,926,526 24.50 Other Taxes 117,005 15,436 (101,569) 154,326 (138,890) 308,652 5.00 Penalties and int 1,102 739 (363) 750 (11) 1,500 49.26 Licenses & Permit 75,931 76,994 1,063 66,955 (9,961) 173,910 44.27 P.I.L.T. 2,467 3,103 636 42,000 (38,897) 84,000 3.69 Intrgvrmmntl Reve 317,292 295,150 (22,1.41) 548,250 (253,100) 1,096,500 26.92 General Governmen 856,599 1,005,032 148,433 921,720 83,313 1,843,439 54.52 Public Safety 6,210 6,620 410 6,400 220 12,800 51.72 Public Works 693 1,120 228 1,500 (380) 3,000 37.33 Recreation 247,854 268,589 20,735 305,250 (36,661) 610,500 43.99 Library /Museum 6,182 4,673 (1 7,250 (2,577) 14,500 32.23 Fines 3,388 3,316 (7'1) 8,500 (5,184) 17,000 19.51 GF Interest Reven 16,938 56,813 39,976 98,000 (41,187) 196,000 28.99 Rents and Royalti 105,952 98,167 (7,785) 62,239 35,928 124,478 78.86 Sales Fixed Asset 8,069 5,068 (3,001) 1,000 4,068 2,000 253.40 Spec Proj Revenue 80,512 15,805 (64,707) - 15,805 - - Other Misc Revenu 27,049 7,152 (19,897) 10,885 (3,733) 21,770 32.85 Misc. Operating R 5,554 --- - - -- - -- 248 ---- ------ (5,306) 1,000 (752) 2,000 12.40 Total Revenue $ 2,866,842 $ 2,854,292 --- - - - --- $ (12,549) $ -- -- - -- --- 4,726,744 -- -- -- - -- $(1,872,452) $ ---- ---- -- 9,453,488 - --- --- 30.19 % l�o City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE -- ----- --- ---- --------- ANNUAL Account Name 2010 Actual YTD --- - - -- -- Budget g --------------- Annual - - - -- _ % 2011 Variance Budget 4 Variance Budget of Salaries $ 1,713,456 $ 1 ,694,958 $ (18,4.98) $ ---- - - - - -- 1,855,483 --- - - - - -- ---- - - - - -- Annual Bud - - - - - -- Overtime 72,811 $ (160,525) $ 3,710,965 45.67 % Standby Time 5,216 52,577 (20,233) 65,478 (12,900) 130,955 40.15 Unemployment Wage g 17,118 5,229 13 3,915 1,314 7830 , 66.78 Leave Time 10,992 (6,126) 10,250 742 20,500 In Lieu of FICA 176,899 181,726 4,827 197,204 (15,478) 394,408 53.62 Retirement Benefi 6 584 7,900 1,317 3,457 4,443 6,914 46.08 Health Insurance 399,443 397,901 (1,542:) 424,885 (26,984) 649,770 114.26 Workers Comp 536,926 544,871 7,945 559,854 (14,982) 1,119,707 46.B2 61,080 61,616 536 48.66 Medicare 35,069 35,020 70,073 (8,456) 140,145 43.97 - -- (49) --- -- 38,206 (3,186) 76,412 45.83 Total Persnl Sery 3,024,601 2,992,791 - - -- (31,81.0) --- 3,228,803 (236,012) 6,457,606 a 6.35 Audit 58,835 61,249 2,414 Advertising 9 738 31,965 29.284 63,930 95.81 Subscriptions /Due 7,591 11,572 1,834 18,300 (6,728) 36,600 31.62 Travel /Subsistenc 47,315 7,458 (133) 12,550 (5,092) 25,100 29.72 Communications 37,983 60,616 13,301 45,300 15,316 90,600 66.90 Education /Trainin 11,885 33,948 (4,034) 48,266 (14,317) 96,531 35.17 Legal 14,839 2,954 20,915 (6,076) 41,830 35.47 Other Spec Servic 70,013 101,486 31,474 73,000 28,486 146,000 69.51 Utilities 11,033 230 (10,8a3) 10,000 (9,770) 20,000 1.15 Heating Fuel 150,800 175,838 25,038 173,900 1,938 347,800 50.56 Rents & Leases 27 40,308 13, 106 36,775 3,533 73,550 54.80 38.229 23,041 (15,188) 31,150 (8,109) Insurance 108,986 73,937 (35,050) 62,300 36.98 Maintenance & Rep 64,328 128,780 (54,843) 257,560 28.71 Contracted Servic 100,915 77,230 12,903 134,953 (57,722) 269,905 28.61 Library Bks.& Mat 97,591 (3,324) 130,565 (32,974) 261,130 37.37 Vehicle Supplies 13,045 8,516 (4,529) 12,500 (3 ,190) 25.000 34.06 Uniform Allowance 2,663 910 (1,753) 4,100 (3,190) 8,200 11.10 Operating Supplie 3,378 120,781 3,943 555 3,175 768 6,350 62.10 Gas & Lube 40,567 130,671 9,889- 132,790 (2,119) 265,580 49.20 Equip,Furn,Tools 18,591 47,185 6,61.8 56,225 (9,040) 112,450 41.96 Safety Equip /Supp 5,495 23,156 4,568 43,483 (20,324) 86,965 26.63 Janitorial Suppli 5,276 4,206 (1,288) 8,700 (4.494) 17,400 24.17 Inmate Meals 3,719 5,480 204 4,775 705 9,550 57.38 Postage /Misc.Frei 14,846 4,630 9'11 6,750 (2.120) 13,500 34.29 Equipment Rental 1 0,585 21,302 6,456 20,975 327 41,950 50.78 Motor Pool Rent 102,891 7,791 (2,794) 28,650 (20,859) 57,300 13.60 102,891 - 102,891 Sister City Progr - 205,782 50.00 2,000 2,000 2,000 Municipal Lobby F 77,833 72,082 (5,751.) - 4,000 50.00 Contributions 148,501 B7,750 78,925 (6,843) 157,850 45.67 Bad Debt Expense _ (60,751) 103,000 (15,250) 206,000 42.60 Genl Govt Admin F 39,786 41,454 i 750 (750) 1,500 Contingency 16,662 -,668 41,454 82,907 50.00 20,881 4,21.9 17,504 3377 , 35,008 59.65 � y� City of Seward FUND: 101 - General Fund Line Item Expenditure Summary by Fund Through June, 50s of year has expired � 4'9 THROUGH JUNE ANNUAL ----------------------------------- ---- ----- Actual ------- ------- YTD - --- -- Budget --------------- Annual -- - - -- < of Account Name --- ------ -- 2010 2011 Variance Budget Variance Budget Annual Bud - ----- Elections - -- - - - -- -- $ - $ -- -- - - -- -- - --- - - - --- $ - $ ---- - - -- -- 2,000 - --- - -- -- $ (2,000) ---- - - - --- $ 4,000 - - - - - -- - Promotion 3,387 1,575 (1,812) 21550 (975) 51100 30.89 Vol Fireman Stipe 9,000 10,000 1,000 10,000 - 20,000 50.00 Bank,credit card 3,352 3,900 548 10,500 (6,600) 21,000 18.57 Misc. Expenses 7,796 12,116 4,320 14,585 (2,469) 29,170 41.53 Principal 65,595 68,913 3,318 135,334 (66,421) 270,667 25.46 Interest Expense 3,403 11,985 8,582 41,525 (29,540) 83,050 14.43 Buildings - - - 47,500 (47,500) 95,000 - Capital Equipment 20,485 1,000 (19,485) 6,500 (5 13,000 7.69 Misc. Programs 1,322 -- -- - - -- -- 186 - --- - - - - -- (1,136) --- 2,750 (2,564) 5,500 3.39 Total Expenses $ 4,508,413 $ 4,466,662 - -- - -- $ (41,751) $ ---- ---- -- 5,067,111 -- - -- - - -- $ (600,449) ---- - -- --- $ 10,134,221 - - - - - -- 44.08 k � 4'9 FUND: 101 - General Fund DEPT: 1110 - Mayor and Council Line item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE - --- ----- -- --- -- --- --- ANNUAL GL 2010 Actual YTD -- - - - - -- Budget g -------------------- Annual _ - 2011 variance Budget g Variance % of - --- - - - - -- - Budget Annual B 5010 Salaries $ 13,500 $ 9,000 $ --- - - - - -- __ _ 5060 Retirement Benefi 182 (4, $ 9,225 $ (225) $ 18,450 a 5080 Workers Comp 121 (61) (61) 93 29 185 8.78 5090 Medicare 155 92 (63) 106 (14) 65.64 958 614 (34 212 43.30 ---- - -- --- ---- --- (-- ) 1,259 48.78 14,796 9,827 (4,968) - -- --- 10,053 - - ---- --- -- - -- -- --- -- -- (226) 20,106 48.88 5110 Audit 58,835 61,249 5120 Advertising 7 046 2,414 31,965 29,284 63,930 95.61 5130 Subscriptions /Due 3,273 8,106 1,060 11,000 (2,895) 22,000 36.84 5140 Travel /Subsistent 11,123 3,304 32 2,125 1,179 4,250 77.75 5150 Communications 20,960 9,837 11,000 9,960 22,000 5160 Education /Trainin 1,492 1,370 (121) 2,000 (630) 4,000 95.27 5370 Insurance 100 200 100 850 (650) 1,700 34.26 5440 Operating Supplie 298 2,874 166 (131) 450 (28 900 11.76 18.49 5460 Equip,FUrn,TOOls _ 1,988 (887) 5,000 (3,012) 10,000 19.88 5490 Postage /Misc.Frei 603 2,500 (2,500) 5,000 5560 Sister City Progr 975 373 900 75 1,800 54.19 5570 Municipal Lobby F 77,833 2, 000 2,000 2,000 4,000 50.00 5690 Contingency 3,507 72 082 (5,751) 78,925 (6,643) 157,850 45.67 5730 Promotion 3,081 2,500 (1,007) 5,000 (2,500) 10,000 25.00 1,433 1,1,648) 2,500 (1,067) 5,000 - -- -- --- ---- ----- 28.67 Total Expenses $ 184,860 $ 186,162 $ 1,302 $ - -- -- -- --- 166,268 _ __ $ 19,894 $ 332,536 55.98 FUND: 101 - General Fund DEPT: 1111 - Legislative - Boards & Commissions Line Item Expenditure Summary by Fund Through June, 500 of year has expired THROUGH JUNE GL 5010 Salaries 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5080 Workers' Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistent 5160 Education /Trainin 5370 Insurance 5440 Operating Supplie 5490 Postage /Misc.Frei ANNUAL Annual � of Actual YTD Budget 2010 2011 Variance Budget Variance ---- -- - - -- --- $ 11,207 $ - - - - -- 14,329 --- -- - - -- ---- $ 3,121 $ - - - --- 9,069 $ --- - - - --- 5,260 461 627 166 851 (224) 1,329 1,595 267 721 875 - 3,633 3,633 3,498 136 129 146 17 106 41 162 --- -- - - --- 208 45 139 69 ----- 13,288 - - -- 20,538 - -- -- - - -- 7,250 --- - - - - --- 14,383 -- - - - -- -- 6,155 ANNUAL Annual � of Budget Annual B ---- - - - - -- $ 18,138 -- - -- -- 79.00 1,702 36.83 1,441 110.69 6,995 51.94 211 69.20 278 74.73 ---- --- --- 28,765 -- - -- -- 71.40 - - - 425 (425) 850 - 930 125 (805) 525 (400) 1,050 11.90 250 439 189 550 (111) 1,100 39.93 103 - (103) 650 (650) 1,700 - 418 204 (213) 550 (346) 1,100 18.57 1,283 623 (660) 1,500 (877) 3,000 20.77 1 - -- - -- - - -- --- 1 --- - -- -- - - -- - - -- 250 (249) 500 0.29 16,273 $ 21,931 $ ---- 5,658 $ - - - - -- --- 19,033 $ -- - - -- - 2,898 $ --- - - ---- 38,065 - - ----- 57.61 Total Expenses $ `SV FUND: 101 - General Fund DEPT: 1115 - General Fund Legal Line Item Expenditure Summary by Fund Through June, 50% of year has expired \ !E� THROUGH JUNE -------------------------------- ANNUAL GL 2010 Actual YTD Budget ------------------- Annual a of -- 2011 Variance Budget g Variance Budget Annual B 5140 Travel /Subsistenc $ - - --- 5170 - $ Legal 84 $ 84 $ - $ 84 $ - -- 5390 70,013 Contracted Servic 101,486 31,474 73,000 28,486 _ 146,000 - 400 - (400) _ 69.51 ' -- Total Expenses $ 70,413 $ - ----- --- 101,570 $ - - - ---- _ - --- - - - - - - -- ____ - - - -- 31,158 $ 73,000 $ 28,570 $ 1 146,000 0 69.57 - \ !E� FUND: 101 - General Fund DEPT: 1120 - City Manager Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5030 Unemployment Wage 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5080 Workers' Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistenc 5150 Communications 5160 Education /Trainin 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5400 Library Bks.& Mat 5440 Operating Supplie 5450 Gas & Lube 5460 Equip,Furn,Tools 5490 Postage /Misc.Frei 5690 Contingency 5730 Promotion 5790 Misc. Expenses 119 8,078 1,374 11 3,647 5 6,473 398 89 13,155 56 Total Expenses $ 176,305 ANNUAL Annual % of THROUGH JUNE Annual B ---- - - - --- $ 189,721 --------------------------------------------------------------- - -- Actual YTD Budget 2010 2011 Variance Budget Variance - --- -- -- -- $ 92,305 $ --- - - -- -- 112,102 --- - - -- -- $ 19,796 $ ---- - - - - -- 94,861 --- -- ---- $ 17,241 2,270 - (2,270) - - 11,508 13,143 1,634 10,941 2,202 10,749 12,952 2,203 6,537 6,415 23,571 28,516 4,945 22,408 6,108 1,004 1,088 84 1,096 (7) 1,494 ---- - - 1,731 237 1,461 270 - - -- 142,901 -- - -- - - -- 169,532 --- - -- --- 2.6,630 ---- - - - - -- 137,302 - -- - --- -- 32,230 119 8,078 1,374 11 3,647 5 6,473 398 89 13,155 56 Total Expenses $ 176,305 ANNUAL Annual % of Budget Annual B ---- - - - --- $ 189,721 - - -- 59.09 - -- 21,881 60.06 500 13,074 99.07 9,500 44,816 63.63 1,751 2,191 49.68 251 2,921 ---- 59.25 (11) - -- - -- 274,604 - -- - 61.74 - -- 63.76 58.37 20.87 3.89 9.75 135.58 48.02 270.75 367.05 73.50 142.00 3.50 63.12 r�� - 500 (500) 1,000 - (119) 250 (250) 500 12,114 4,036 9,500 2,614 19,000 1,751 378 1,500 251 3,000 - (11) 500 (500) 1,000 1,878 (1,769) 4,500 (2,622) 9 29 24 375 (346) 750 487 487 2,500 (2,013) 5,000 96 96 - 96 - 10,846 4,373 4,000 6,846 8,000 480 83 500 (20) 1,000 2,707 2,707 500 2,207 1,000 2,936 2,848 400 2,536 800 18,381 5,226 12,504 5,877 25,008 142 86 50 92 100 35 35 500 (465) 11000 $ 221,415 $ 45,110 $ 175,381 $ 46,034 $ 350,762 63.76 58.37 20.87 3.89 9.75 135.58 48.02 270.75 367.05 73.50 142.00 3.50 63.12 r�� FUND: 101 - General Fund DEPT: 1121 - Management Information Systems Dept, Line Item Expenditure Summary by Fund Through June, 50 of year has expired THROUGH JUNE - --- ----- ------ ---- ---- -- - --- - -- ---- ----- ---- --------- ANNUAL GL 2010 2011 Actual YTD --- - - --- -- Budget ---- -- - - - - -- Annual _______ of - - -- Variance Budget 9 Variance Budget 5010 Salaries - $ 63,973 97 41Q --------- $ 65,480 $ __ -- - -- - -- - Annual B - - --- 5020 Overtime 517 1,507 $ 67,523 $ (2,043) $ 135,046 5030 Unemployment p yment Wage (103) 2,131 (1,716) 4,261 48.49 5040 Leave Time 43 (43) _ 9.72 5060 Retirement Benefi 6,939 7,816 7,484 544 7,748 (264) 15,495 48.30 5070 Health Insurance 15,714 7,989 173 5,580 2410 , 11,159 71.59 5080 Workers Comp 707 16,442 728 16,688 (245) 33,375 49.26 5090 Medicare 1 029 636 (69) 776 (138) 1,552 41.09 _ 1,069 40 1076 , (7) - -- - - -- 2,152 49.69 96,738 99,516 2,778 --- --------- 101,520 (2,004) -- - - - - - -- -203,040 - __- 49.01 5120 Advertising 5130 Subscriptions /Due 250 (250) 500 - 5140 Travel /Subsistent _ 1,140 25 25 250 (225) 500 5.09 5150 Communications 2,232 1,092 1,250 982 2,500 89 5160 Education /Trainin 2,466 1,540 (925) 2,000 (460) 4,000 5370 Insurance 2,375 3,886 1,513 2,500 1,388 5,000 38.51 5380 Maintenance 1,667 963 (705) 2,200 (1,237) 4,400 77.77 & Rep _ - 21.88 5390 Contracted Servic 2,500 (2,500) 5,000 _ 5440 0 Operating Su lie P 4 PP 20,980 3,250 (3,250) 6,500 5460 Equip,FUrn,Too1_s _ 17,613 (3,367) 11,000 6,613 22,000 80.06 5490 Postage /Misc.Frei 168 2,500 (2,500) 5,000 - 5790 Misc. Expenses _ 47 (121) 250 (203) 500 9.34 --------- - 250 (250) 500 _ Total Expenses $ 125,534 $ 125,825 $ - -- ------ ---------- 291 $ --- 129,720 -- ---- ---- - --- -- _____ - $ (3,895) $ 259,440 48.50 FUND: 101 - General Fund DEPT: 1130 - City Clerk Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE ANNUAL ----------------------------------- --- ------- Actual -- ------ YTD ---- -- - --- Budget --------------- Annual --- % - -- of GL - --- 2010 2011 Variance Budget Variance Budget Annual B 5010 ---- Salaries $ - -- --- --- 64,009 $ - - ---- 59,839 --- --- - -- $ (4,170) $ -- -- - - - - -- 70,687 - -- - - - - -- $ (10,847) $ -- -- -- - - -- 141,373 - - - -- 42.33 -- 5020 Overtime 255 632 377 829 (197) 1,658 38.10 5040 Leave Time 7,559 6,622 (937) 8,613 (1,991) 17,226 38.44 5060 Retirement Benefi 7,311 6,732 (579) 5,807 925 11,614 57.96 5070 Health Insurance 23,571 23,397 (174) 25,031 (1,635) 50,062 46.74 5080 Workers Comp 698 587 (111) 811 (224) 1,621 36.21 5090 Medicare ---- 1,015 - -- --- - 975 -- - -- --- (40) --- 1,120 (145) 2,239 43.53 104,418 98,783 -- - - -- (5,636) - --- - - - --- 112,897 - -- - - ---- (14,114) --- - --- --- 225,793 - - - -- 43.75 -- 5130 Subscriptions /Due 270 315 45 275 40 550 57.27 5140 Travel /Subsistenc 1,493 2,882 1,389 2,500 382 5,000 57.64 5150 Communications - 1 1 - 1 - 5160 Education /Trainin 971 1,971 999 1,250 721 2,500 78.82 5370 Insurance 1,921 1,091 (830) 2,750 (1,659) 5,500 19.83 5390 Contracted Servic 1,700 4,436 2,736 3,500 936 7,000 63.37 5440 Operating Supplie 98 - (98) - _ - - 5490 Postage /Misc.Frei 11 - (11) - _ 5500 Equipment Rental - - - 3,500 (3,500) 7,000 5720 Elections - - - 2,000 (2,000) 4,000 - 5790 Misc. Expenses -- - -- - - -- -- 142 142 - 142 - Total Expenses $ --- 110,882 $ - - ---- 109,620 --- - - - - -- $ (1,263) $ ---- - -- - -- 128,672 --- - - -- -- $ (19,052) $ - --- -- - --- 257,343 - --- 42.60 - -- FUND: 101 - General Fund DEPT: 1140 - Finance Department Line Item Expenditure Summary by Fund Through June, 50e of year has expired 5120 5130 5140 5150 5160 5370 5380 5390 5440 5460 5490 5790 5930 Advertising Subscriptions /Due Travel /Subsistenc Communications Education /Trainin Insurance Maintenance & Rep Contracted Servic Operating Supplie Equip,Furn,Tools Postage /Misc.Frei Misc. Expenses Capital Equipment 77 587 3,180 2,380 1,146 5,472 17,498 4,324 407 4, ' 205 1,253 - 330 105 3,817 2,335 1,620 2,932 15,924 - 5,709 _ 1,221 81 _ THROUGH JUNE 379,667 -- Total Expenses $ GL --- -- - - -- 312,492 $ (3,054) $ 2,750 ------------------------------ Actual YTD Budget 30,414 65.19 2010 -- --- - -- 2011 Variance Budget Variance 5010 Salaries $ 175,003 $ 178,697 $ __ 13,500 5020 Overtime 17,500 (1,576) 3,694 $ 189,834 $ (11,136) $ 5040 Leave Time 1,552 1,343 (210) 1,815 (472) 5060 Retirement Benefi i7 576 18,408 833 21,127 (2,718) 5070 Health Insurance 20,746 19,827 (919) 15,207 4,620 5060 Workers Comp 54,999 55,037 38 58,406 (3,369) 5090 Medicare 1,861 1,783 (77) 2,197 (414) 3,281 3,325 43 2,932 - --- -- -- -- 393 275,017 278,420 3,402 -- 291,517 - -- ,09 (13,097) 5120 5130 5140 5150 5160 5370 5380 5390 5440 5460 5490 5790 5930 Advertising Subscriptions /Due Travel /Subsistenc Communications Education /Trainin Insurance Maintenance & Rep Contracted Servic Operating Supplie Equip,Furn,Tools Postage /Misc.Frei Misc. Expenses Capital Equipment 77 587 3,180 2,380 1,146 5,472 17,498 4,324 407 4, ' 205 1,253 - 330 105 3,817 2,335 1,620 2,932 15,924 - 5,709 _ 1,221 81 _ 253 (482) 637 (45) 473 (2:,540) (1.,574) (4,324) 1,302 (205) (33) 81 379,667 -- Total Expenses $ -- -- -- -- 315,546 $ --- -- - - -- 312,492 $ (3,054) $ ANNUAL Annual o of Budget Annual B 379,667 47.07 1,500 3,630 36.99 2,750 42,253 43.57 69.39 30,414 65.19 (115) 116,811 47.12 4,394 40.58 2,500 5,864 56.69 6,750 583,033 47.75 225 105 450 73.33 750 (645) 1,500 7.00 2,750 1,067 5,500 69.39 2,450 (115) 4,900 47.66 1,250 370 2,500 64.78 6,750 (3,818) 13,500 21.72 17,500 (1,576) 35,000 45.50 4,250 (4,250) 8,500 _ 7,500 (1,791) 15,000 38.06 1,750 (1,750) 3,500 - 1,750 (529) 3,500 34.87 250 (169) 500 16.19 4,000 (4,000) 8,000 _ 342,692 $ (30,199) $ 685,383 45.59 FUND: 101 - General Fund DEPT: 1150 - Community Development Line Item Expenditure Summary by Fund Through June, 50e of year has expired GL 5010 Salaries 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5080 Workers' Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistenc 5150 Communications 5160 Education /Trainin 5360 Rents & Leases 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5440 Operating Supplie 5460 Equip,Furn,Tools 5490 Postage /Misc.Frei 5500 Equipment Rental 5730 Promotion 5790 Misc. Expenses ANNUAL - THROUGH JUNE - - -- -- %- of Budget --------------------------------------------------------------- -- -- - - -- -- 211,096 Actual YTD Budget 2010 2011 Variance Budget Variance - -- - - - - --- - $ 70,761 $ --- - ---- 44,327 - -- - -- --- $ (26,434) $ ---- - ----- 105,548 -- -- ----- $ (61,221) $ 7,566 4,316 (3,250) 11,225 (6,909) 8,200 4,642 (3,559) 8,436 (3,794) 27,511 14,652 (12,858) 32,900 (18,248) 773 431 (342) 1,226 (795) 1,142 1,154 11 1,627 (473) ---- - - - --- -- 115,953 --- - --- 69,521 --- - - - - -- (46•,432) -- -- - - - --- 160,960 --- - - - - -- (91,439) ANNUAL - --------------- Annual - - -- -- %- of Budget Annual B -- -- - - -- -- 211,096 - -- - - -- 21.00 22,449 19.22 16,871 27.51 65,800 22.27 2,451 17.57 3,253 35.46 321,920 21.60 260 - (260) - - - - 258 258 500 (242) 1,000 25.80 1,187 378 (808) 625 (247) 1,250 30.28 1,178 968 (209) 1,500 (532) 3,000 32.28 56 - (56) 800 (800) 1,600 - 13,989 - (13,989) - - - - 1,210 1,291 81 1,700 (409) 3,400 37.96 1,628 489 (1,139) 750 (261) 1,500 32.62 12,415 17,528 5,113 28,000 (10,472) 56,000 31.30 923 709 (214) 1,100 (391) 2,200 32.24 196 4,168 3,972 4,000 168 8,000 52.10 253 480 228 300 180 600 80.06 630 - (630) 750 (750) 1,500 - 250 - (250) - - - 35 --- - - - ---- - - -- - - -- -- (35) - 150,162 $ --- 95,791 $ - - - - -- -- (5.4,371) $ -- ---- -- 200,985 $ --- - ----- -- (105,194) $ --- - - - -- 401,970 - - - ---- 23.83 Total Expenses $ g �, FUND: 101 - General Fund DEPT: 1180 - General Services Line Item Expenditure Summary by Fund Through June, 500 of year has expired 1 THROUGH JUNE ANNUAL GL 2010 Actual YTD --- --- Budget --------------------- Annual " '- 2011 Variance Budget g Variance of - - - - --- - -- -- - - - - --- Budget Annual B 5030 Unemployment wage $ _ --------- ---------- _ _ ' S 1,0000 $ --- -- (1,000) $ --- ---- 2,000 ' 11000 -- ----- (1,000) -- --- 2,000 ----- - 5120 Advertising 5130 Subscriptions /Due 660 (660) 2,000 (2,000) 4,000 5150 Communications 28Q _ (103 400 (400) 800 _ 5370 Insurance 526 629 103 400 229 800 5380 Maintenance & Rep 314 211 (103) 500 (289) 11000 78.60 1,529 1,911 382 21.07 5390 Contracted Servic _ 1,500 411 3,000 63.70 5440 Operating Supplie 115 3,000 (3,000) 6,000 5450 Gas & Lube 167 9,215 9,100 4,500 4,715 91000 102.39 5460 Equip,Furn,Tools 31 (136) 350 (319 700 5465 Safety q p /Supp E ui _ 557 - 2,500 (2,500) 51000 4.40 5490 Postage /Misc.Frei 486 (71) 850 (364) 1,700 28.59 5500 Equipment Rental _,016 1,295 (706) Q1,722) 11150 (1,856) 2,300 (30.68) 1,339 44 5660 Bad Debt Expense - 1,339 _ _ 5770 Bank credit card 1,733 750 (750) 1,500 5790 Misc. Expenses 5,528 1,870 137 7,500 (5,630) 15,000 12.47 _10,156 -- 4,627 51000 5,156 10,000 101.56 Total Expen $ 13,724 25,141 $ - --- 1.1,417 $ - - - --- - -- -- - _ _ __ ___ - 31,400 $ (6,259) $ 62,800 _ 40 03 1 FUND: 101 - General Fund DEPT: 1181 - General Services Copier Line Item Expenditure Summary by Fund Through June, 50% of year has expired ANNUAL THROUGH JUNE --------------- Annual - - - --- % of --------------------------------------------------------------- Actual YTD Budget GL 2010 2011 Variance Budget Variance - - -- ---- 5440 Operating Supplie $ - - - - -- --- - - - - -- --- - - - - -- 493 $ - $ (493) $ -- -- - ----- 850 - -- - --- -- $ (850) $ 5500 Equipment Rental 3,432 3,097 (335) 4,000 (903) - Total Expenses $ --- - - -- -- - -- -- - --- --- - - - - -- 3,924 $ 3,097 $ (827) $ - --- - - ---- 4,850 --- -- - - -- $ (1,753) $ ANNUAL --------------- Annual - - - --- % of Budget Annual B ---- - - - - -- 1,700 - - - ---- - 8 38.71 - --- - - -- -- 9,700 - - - ---- 31.93 i s'g FUND: 101 - General Fund DEPT: 9190 - SVAC Expense Accumulation Line stem Expenditure Summary by Fund Through June, 50e of year has expired THROUGH JUNE ------------------------------- ANNUAL GL 2010 Actual YTD Budget g --------------- Annual - - --- 2011 Variance Budget g Variance Budget 5190 Other Spec Servic $ 10,000 $ - ------- -- Annual B 5370 Insurance 1,606 - $ (10,000) $ 5,000 $ (5,000) $ 10,000 5380 Maintenance & Rep 1,606 1,593 (14) 11600 (7) 3,200 49 - 77 5390 Contracted Servic (100) 199 (1,407) 375 (176) 750 26.54 5450 Gas & Lube - 100 _ 5490 Postage /Misc.Frei 614 1,066 452 1,000 66 2,000 - 4 3 _ (43) - 53.28 Total Expenses $ 13,770 $ --------- 2,857 $ --------- ---- 0 0,913) ----- _ ---- - - - - -- -- - - ------- _ $ 7,975 $ (5,118) $ 15 17.91 FUND: 101 - General Fund DEPT: 1191 - Contributions Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE --------------------------------------------------------------- Actual YTD Budget GL 2010 2011 Variance Budget Variance - - -- ---- - - - - -- --- - ----- --- - -- - -- --- -- - - --- --- - - - --- 5610 Contributions $ 146,501 $ 87,750 $ (60,751) $ 103,000 $ (15,250) $ 5790 Misc. Expenses - - - 1,500 (1,500) ---- - -- - -- --- - - - - -- --- - - - - -- - -- --- ---- --- -- - - -- Total Expenses $ 148,501 $ 87,750 $ (60,751) $ 104,500 $ (16,750) $ ANNUAL --------------- Annual - - - --- e of Budget Annual B ---- - - - --- 206,000 - -- - - -- 42.60 3,000 - --- - ---- -- 209,000 - - -- - -- 41.99 � 60 FUND: 101 - General Fund DEPT: 1210 - Police Department Line Stem Expenditure Summary by Fund Through June, 50% of year has expired ----- --- --- --- -- - - -- THROUGH JUNE ----------------------- ANNUAL GL 2010 Actual YTD --- Bud g ------------------- Annual s of - -- 2011 Variance Budget g variance Budget Annual B 010 Salaries $ 434,899 $ 435,520 S --- -- - -- -- ___ _______ - - - - -- 5020 Overtime 27,761 621 $ 471,711 $ (36,191) $ 943,422 a 6.16 5030 Unemployment Wage 29,997 2.,236 28,932 1,065 57,863 5040 Leave Time - 1,579 1, 579 3,250 (1,671) 6,500 51.84 5060 Retirement Benefi 47,864 49,669 1,805 52,213 (2,544) 104,426 24 29 5070 Health Insurance 51,440 1-42,777 53,511 2,071 39,982 13,530 79,963 47.56 5080 Workers Comp 147,307 4,530 152,186 (4,879) 304,372 66.92 17,244 17,793 549 18,769 48.40 5090 Medicare 10,083 10,084 (976) 37,538 47.40 - -- - - - - --- 10,866 - -- (782) 21,732 a_6.40 732,068 745,460 13,392 777,908 --- - - - - -- (32,448) ---- - - - - -- - - - - - -- 1,555,816 47.91 5120 Advertising 5130 Subscriptions /Due 120 1,121 228 108 500 (272) 11 000 22.80 5140 Travel /Subsistenc 8,831 1,108 (13) 4,390 (3,282) 8,780 12.62 5150 Communications 10,018 7,399 (.1,432) 6,500 899 13,000 56.92 5160 Education /Trainin 6,707 f3(805) 10,395 (3,688) 20,790 32.26 3,326 2,521 (BO5) 2,000 5190 Other Spec Servic 1 52 1 4,000 63.02 5370 Insurance ,033 30,423 230 (803) 1,250 (1,020) 2, 500 9.20 5380 Maintenance & Rep 25,097 (5,326) 34,000 (8,903) 68,000 36.91 5390 Contracted Servic 2,542 21,005 18,463 5,115 15,890 10,230 205.32 5430 Uniform Allowance 2,683 _ - 1,000 (1,000) 2,000 5440 Operating Supplie 61810 2,134 (548) 1,750 384 3,500 60.98 5450 Gas & Lube 6,621 (189) 7,250 (629) 14,500 45.66 7,603 9,298 'x,695 8,750 548 5460 Equip,Furn,Tools 2,669 11088 17,500 53.13 5465 Safety Equip /Su PP 557 (1,582) 3,250 (2,163) 6 16.73 5490 Postage /Misc.Frei 1,291 1,438 881 1,250 188 2,500 57.52 5500 Equipment Rental 1,505 214 1,000 505 2,000 75.26 5770 Bank,credit card 1,987 2,137 150 2,500 (363) 5,000 42.74 5790 Misc. Expenses 1,618 2,030 411 3,000 (970) 6,000 33.83 5990 Misc. Programs 48 156 108 11000 (844) 2,000 7.80 1,322 186 (1,136) 2,750 (2,564) 5,500 --- -- -- - -- - -- -- - --- 3.39 Total Expenses $ 816,069 $ 636, 347 $ 2:0,278 $ 875,558 --- -- -- -- ---- - - - - -- $ (39,211) $ 1,751,116 47.76 FUND: 101 - General Fund DEPT: 1211 - wail Line _item Expenditure Summary by Fund Through June, 50% of year has expired �6a -------------------------------- THROUGH JUNE --- --- --- -------- ANNUAL Actual ---- ---- YTD - - - --- Budget --------------- Annual - -- % - -- of GL --- 2010 - - --- -- 2011 -- --- - - -- Variance - Budget Variance Budget Annual B 5010 Salaries $ 116,757 $ 118,754 -- - - -- -- $ 1,997 $ ---- ------ 126,881 $ --- -- - - -- (8,127) $ ---------- 253,761 ------- 46.60 5020 Overtime 7,044 6,867 (177) 9,176 (2,309) 18,352 37.42 5030 Unemployment Wage - - - 500 (500) 1,000 - 5040 Leave Time 12,199 12,789 589 13,833 (1,044) 27,665 46.23 5060 Retirement Benefi 14,294 14,749 455 11,116 3,633 22,232 66.34 5070 Health Insurance 45,790 49,561 3,771 50,062 (501) 100,124 49.50 5080 Workers Comp 6,358 6,662 304 6,957 (294) 13,913 47.88 5090 Medicare 1 - --- - -- 1,970 - ---- -- -- 85 - -- - -- - -- 2,144 (173) 4,287 45.96 204,328 211,351 - 7,023 --- - - - --- 220,667 - -- - -- --- ---- (9,316) - - - --- 441,334 - - - - 47.89 - -- 5120 Advertising - - - 250 (250) 500 - 5130 5140 5150 5160 5360 5370 5380 5390 5430 5440 5460 5470 5480 5490 5670 5790 Subscriptions /Due Travel /Subsistenc Communications Education /Trainin Rents & Leases Insurance Maintenance & Rep Contracted Servic Uniform Allowance Operating Supplie Equip,Furn,Tools Janitorial Suppli Inmate Meals Postage /Misc.Frei Genl Govt Admin F Misc. Expenses --- 400 33 1,049 - 15,000 9,441 41 - 535 1,378 522 1 3,719 340 39,786 272 - ---- -- --- 549 261 1,660 355 15,000 8,032 - - 953 2,979 405 - 4,627 489 41,454 - --- - -- 149 228 612 355 - (.1,410) (41) - 418 1,601 (117) (1 908 148 1,668 (272) 350 1,250 1,250 1,000 15,000 10,650 750 500 500 3,000 750 750 6,750 500 41,454 250 199 (989) 410 (645) - (2,618) (750) (500) 453 (21) (345) (750) (2,123) (11) - (250) 700 2,500 2,500 2,000 30,000 21,300 1,500 1,000 1 6,000 1,500 1,500 13,500 1,000 82,907 500 78.37 10.44 66.40 17.75 50.00 37.71 95.33 49.65 26.99 34.28 48.85 50.00 - - - Total Expenses $ 277,935 $ 288,114 - -- -- - --- -- $ 10,179 $ -- - -- - -- 305,621 $ --------- - (17,506) $ -- - -- ---- 611,241 - - --- 4 7.14 -- �6a ANNUAL Annual e of FUND: 101 - General Fund 5,000 59.20 360 9.16 DEPT: 1212 - Animal Control 72,280 53.12 1,000 1,000 Line Item Expenditure Summary by Fund Through June, 50 of year has expired THROUGH JUNE GL 2010 -------------------------- Actual v TD Budget 2011 variance Budget Variance 5130 $ --- Subscriptions /Due - - - - - -- --- - - - - -- 5310 Utilities $ 75 $ 75 $ - $ 5370 Insurance 3,228 2,960 (268) 2,500 75 $ 5380 Maintenance & Rep 66 33 (33) 180 460 (147) 5390 Contracted Servic 45 36,1ap 108 64 500 (392) 5460 Equip,Furn,Tools _ 38,394 2,254 36,140 2,254 5500 Equipment Rental 35 500 (500) --- - - - -- -- -- 100 -- - - 65 500 (400) Total Expenses 3 $ -- - - --' - = 513 $ 2,157 $ 40,320 $ -_ - - 9 _ - - 41 = 670 1,350 $ ANNUAL Annual e of Budget Annual B 5,000 59.20 360 9.16 11000 10.81 72,280 53.12 1,000 1,000 10.00 80,640 51.67 (0 31 FUND: 101 - General Fund DEPT: 1220 - Fire Department Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5020 Overtime 5040 Leave Time 5050 In Lieu of FICA 5060 Retirement Benefi 5070 Health Insurance 5080 Workers- Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistent 5150 Communications 5160 Education /Trainin 5310 Utilities 5330 Heating Fuel 5360 Rents & Leases 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5420 Vehicle Supplies 5430 Uniform Allowance 5440 Operating Supplie 5450 Gas & Lube 5460 Equip,Furn,Tools 5465 Safety Equip /Supp 5490 Postage /Misc.Frei 5500 Equipment Rental 5530 Motor Pool Rent 5790 Misc. Expenses --------------------------------------------------------------- THROUGH JUNE --------------- Annual - - -- % -- of Budget ---- -- - - Actual YTD Budget 2010 ---- - - - - -- 2011 --- - - - Variance Budget variance $ 80,556 $ - -- 80,747 -- - -- ---- $ 191 $ ---- - - - - -- 87,255 $ --- - - - - -- (6,507) $ 114 593 479 224 369 9,450 9 528 10,083 (105) 1,975 1,975 - 988 988 9,274 8,767 (507) 7,099 1,668 23,571 23,594 24 22,845 749 6,332 6,893 561 7,355 (462) 602 ---- - ----- 631 -- - - - - --- 29 - -- 665 (34) 131,874 133,179 - - - --- ---- 1,305 - - - - -- 136,513 --------- (3,333) 75 2,280 2,628 550 33,202 4,751 2,916 12,782 2,017 1,917 100 1,384 3,084 2,836 3,595 493 55,088 395 261,967 $ 100 2,251 2,440 1, 150 34,306 7, 705 778 8,931 6,462 847 827 1, 657 3,723 1,815 300 711 55,088 262,270 25 (29) (189) 600 1,104 2,953 (2,137) (3,851) 4,445 847 (1,090) (100) 274 639 (1,021) (3,295) 218 (395) $ 303 250 250 2,000 6,240 1,000 35,000 9,000 2,050 15,500 14,625 3,200 425 3,250 3,500 3,500 3,250 1,000 900 55,089 $ 296,541 $ (250) (150) 251 (3,800) 150 (694) (1,295) (1,272) (6,569) (8,163) 847 (2,373) (425) (1,593) 223 (1,685) (2,950) (289) (900) (34,271) $ Total Expenses $ ANNUAL - --------------- Annual - - -- % -- of Budget ---- -- - - Annual B -- 174,509 - - --- 46.27 -- 448 132.46 57.50 20,166 49.48 49.01 1,975 100.00 42.81 14,197 61.75 18.99 45,690 51.64 28.81 14,710 46.86 22.09 1,330 47.47 12.92 273,025 48.78 500 - 500 20.00 4,000 56.26 12,480 19.55 2,000 57.50 70,000 49.01 18,000 42.81 4,100 18.99 31,000 28.81 29,250 22.09 6,400 12.92 850 - 6,500 25.50 71000 53.18 7,000 25.93 6,500 4.61 2,000 35.54 1,800 - 110,177 50.00 ---- -- - - -- - --- - -- 593,082 44.22 16.,- FUND: 101 - General Fund DEPT 1221 - Volunteer Training Line Item Expenditure Summary by Fund Through June, 50 of year has expired THROUGH JUNE ---- ------ -- ------- --- --- --- - -- -- -- ---- ANNUAL GL Actual YTD --- - - - - -- --------------- ' 2010 2011 Variance Budget Annual e of '---- Budget Variance ariance Budget 5080 Workers- Comp $ Annual B - --- -- - - -- - $ $ (3,350) $ - --- -- -- -- - ---- 6,700 - 3,350 (3,350) - - -- --- 6,700 _ 5140 Travel /Subsistenc _ 5160 E ducation /Trainin 2,044 1,049 (995) 1,750 5370 Insurance 529 180 (349) 2,125 (701) 3,500 29-98 5380 Maintenance & Rep 3,604 (3.604) 2,600 (1,945) (2,600) 4,250 4 24 5420 Vehicle Supplies 86 1,032 946 2,000 (968) 5,200 _ 5430 Uniform Allowance 100 (100) _ 4,000 25.81 5440 Operating Supplie 60 856 796 500 356 - 5460 Equip,FUrn,Tools 931 941 9 1,500 (559) 1,000 85.55 5490 Postage /Misc.Frei 3 ,116 2,783 (334) 4 958 (2,175) 3,000 31.35 5750 Vol Fireman Stipe 12 429 418 500 (71) 9,915 28.07 5790 Misc. Expenses 9 000 10,000 1- ,000 10,000 - 1,000 a 2.91 650 -- -- - (650) _ 20,000 50.00 Total Expenses $ 20,132 $ -- ----- -- _ - - -- " " - --------- ---- - - - - -' - 17,270 $ (2,863) $ 29,283 $ (12, (12,013) $ - -__ - -- 58,565 29 49 16.,- FUND: 101 - General Fund DEPT: 1222 - Emergency Preparedness Line Item Expenditure Summary by Fund Through June, 500 of year has expired � 6(0 --------------------------------- THROUGH JUNE ------- ANNUAL Actual ----------- YTD ---- -- -- - - -- Budget --------------- Annual -- -- -- % of GL - --- - 2010 -- - - - ---- --- 2011 - -- - -- variance Budget Variance Budget Annual B 5140 Travel /Subsistenc $ - $ - - -- - - -- -- $ - $ --- - - -- - -- 500 --- - - -- -- $ (500) $ ---- -- - - -- 1,000 - - -- - -- - 5150 Communications 169 239 69 2,755 (2,516) 5,509 4.33 5160 Education /Trainin - - - 750 (750) 1,500 - 5310 Utilities 422 778 356 425 353 850 91.51 5380 Maintenance & Rep - - - 250 (250) 500 - 5440 Operating Supplie - - 500 (500) 1,000 - 5460 Equip,Furn,Tools 250 (250) 375 (375) 750 - 5490 Postage /Misc.Frei ---- - - -- --- --- - - -- - 150 (150) 300 - Total Expenses $ 842 $ -- 1,017 --- - -- - -- $ 175 $ - -- - - - ---- 5,705 -- - - - - - -- $ (4,688) $ --- -- - ---- 11,409 -- - - --- 8.91 � 6(0 FUND: 101 - General Fund DEPT: 1230 - Engineering & Construction Line Item Expenditure Summary by Fund Through June, SOo of year has expired THROUGH JUNE -- -- -- - -- - -- ANNUAL ----------------------- -------- GL 2010 Actual YTD Budget Annual ------------ - -- ___ 2011 Variance t g Variance .=iance Bud % of " ' ---- Budget 5440 Operating Supplie $ - - ---$ 1 ------ - - -- Annual B ---- -- ---- $ -- -- - - --- 1 $ - - Total Expenses $ - - - ---- - $ 1 (0-1 FUND: 101 - General Fund DEPT: 1250 - Building Inspection Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5020 Overtime 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5080 Workers Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistenc 5150 Communications 5160 Education /Trainin 5360 Rents & Leases 5370 Insurance 5380 Maintenance & Rep 5440 Operating Supplie 5450 Gas & Lube 5460 Equip,Furn,Tools 5490 Postage /Misc.Frei 5500 Equipment Rental 5790 Misc. Expenses Total Expenses --------------------------------------------------------------- - THROUGH JUNE --------------- Annual - - ---- % of Budget ---- - - - - Actual YTD Budget 2010 -- -- - - - - -- --- 2011 Variance Budget Variance $ 30,917 $ - - - - -- 30,354 --- - -- - -- $ (563) $ ---- - - -- -- 32,608 --- - - - - -- $ (2,253) $ 315 134 (182) 1,575 (1,441) 3,559 3,817 258 3,990 (173) 3,243 3,613 370 2,632 981 7,857 9,446 1,589 10,530 (1,083) 342 298 (44) 379 (80) 456 -- -- - - ---- -- 473 - - - - --- 17 --- ------ 508 (35) 46,689 48,134 1,445 ---- - - - - -- 52,219 --- - -- - -- (4,084) ANNUAL - - --------------- Annual - - ---- % of Budget ---- - - - - Annual B -- 65,215 -- - -- 46.54 -- 3,149 4.24 1,307 7,979 4 7.83 2,250 5,263 68.65 (76) 21,059 44.85 2,592 757 39.41 710 1,015 46.56 2,500 104,437 46.09 62.50 68.33 30.18 42.40 19.28 48.50 7.28 44.17 �b7Z - - 100 (100) 200 125 125 - 100 25 200 231 1,538 1,307 1,125 413 2,250 858 782 (76) 1,296 (514) 2,592 350 1,060 710 1,250 (190) 2,500 - 778 778 - 778 - 2,367 578 (1,789) 1,500 (922) 3,000 420 - (420) 500 (500) 1,000 1,106 - (1,106) 750 (750) 1,500 176 166 (9) - 166 - 578 1,213 635 1,250 (38) 2,500 36 36 1 250 (214) 500 790 - (790) 1,000 (11000) 2,000 - - -- -- - - - ---- --- - - -- --- 250 (250) 500 $ 53,725 $ 54,411 $ -- 686 $ -- -- ---- --- 61,590 $ - - -- -- ---- (7,179) $ - -- --- 123,179 62.50 68.33 30.18 42.40 19.28 48.50 7.28 44.17 �b7Z � l�°1 FUND: 101 - General Fund DEPT':. 1310 - Street General Operations Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE - - -- -- -- --- -- -- -- - ---------------------------- ANNUAL GL 2010 2011 Actual YTD Budget g --------------- Annual - -- °s - -" Variance ance Budget variance Budget g of 5010 Salaries ---- '----- ------- Annual & 5020 Overtime 72,033 $ 66,349 $ (5,684) $ 66,984 $ (635) ---------- - - - - - -- 5022 Standby Time 6,057 4,352 (1,706) 2'102 $ 2,283 133,968 49.53 5040 Leave Time 1,670 2,283 613 - 4,203 103.54 7,533 7,394 (139) 2,283 _ - 5050 In Lieu of FICA 2,633 8,048 (654) 16,095 5060 Retirement Benefi 1,975 (658) 1,235 741 45.94 5070 Health Insurance 9,046 8,190 (856) 6,062 2,128 2,469 79.99 24,918 25,354 4 3 6 12,124 67.55 5080 Workers' Comp 4 999 19,045 6,309 38,089 5090 Medicare 4,916 (8 3'917 999 66.56 815 699 (116) 7,834 62.75 ---- - - - - -- ----- 521 -- -- - --- 1,041 67.15 129,705 121,511 (8,194) -- 107,912 -- - - - - - - - -- - - - -- 13,600 215,823 56.30 5120 Advertising _ 5130 Subscriptions /Due 75 (75 5140 Travel /Subsistent 50 - (50) 150 (150) 150 5150 Communications 22 347 225 500 (153) 300 92 82 (10) 1,000 34.68 5160 Education /Trainin _ 1,000 (918) 2,000 5310 Utilities 49,512 54,979 500 (500) 1,000 4.12 5370 Insurance 9,785 5,468 46,500 8,479 93,000 59.12 5380 Maintenance & Rep 8,798 7,327 (2,457) 11,000 (3,673) 22,000 5390 Contracted Servic 3,415 14,003 5,205 35,000 (20,997) 70,000 33.31 5440 Operating Supplie 21,170 2,534 (881) 10,000 (7,466) 20,000 20.00 5450 Gas & Lube 23,677 3,448 (17,722) 11,000 (7'552) 22,000 12.67 5460 Equip,Furn,TOOls 25,702 2:,024 30, 000 (4,298) 60,000 15.67 5465 Safety Equip /Supp 809 244 1,117 308 600 517 1,200 42.84 5490 Postage /Misc.Frei 2,333 277 33 750 (473) 11500 93.11 18.49 5500 Equipment Rental 2,021 (312) 2,500 (479) 5,000 5530 Motor Pool Rent _ 29,392 _ 29,392 500 (500) 1,000 40.42 5790 Misc. Expenses (12) 29'392 - 58,783 50.00 5920 Buildings 198 210 1,250 (1,052) 2,500 5930 Capital Equipment _ - 47,500 (47,500) 95,000 7.92 1,000 11000 _________- -- -- -- 1,000 _ - ota Expenses $ 279 092 $ --- 263,939 $ ---------- (15,153) --- ---------- __------ $ 336,128 $ (72,189) $ 672,256 39.26 � l�°1 FUND: 101 - General Fund DEPT: 1314 - Snow & Ice Line: Item Expenditure Summary by Fund Through June, 50% of year has expired i THROUGH JUNE ANNUAL -------------------------------- --------- Actual -- ----- ---- YTD ---- - - --- -- Budget --------------- Annual - - - --- % of GL -- -- 2010 2011 Variance Budget Variance Budget Annual B 5010 -- Salaries $ -- - -- - -- --- 22,919 $ - - - - -- 30,631 --- -- ---- $ 7,912 $ ---- -- - --- 33,402 -- - -- - - -- $ (2,571) $ -- -- - - - --- 66,804 --- - 46.15 - -- 5020 Overtime 20,166 5,742 (14,424) 11,670 (5,928) 23,340 24.60 5022 Standby Time 3,380 2,903 (477) 2,881 22 5,762 50.38 5030 Unemployment Wage 496 248 (248) - 248 - - 5040 Leave Time 2,645 3,193 549 3,298 (104) 6,595 48.42 5060 Retirement Benefi 4,689 3,978 (711) 3,232 746 6,463 61.55 5070 Health Insurance - 2,685 2,685 10,358 (7,673) 20,716 12.96 5080 Workers Comp 3,300 3,707 407 4,200 (493) 8,399 44.13 5090 Medicare - 452 --- --- - -- --- 400 - - - --- (53) - -- -- ---- 553 (153) 1,105 36.19 58,048 53,686 (4,362) -- -- -- -- -- 69,592 ----- - - -- (15,906) -- -- - - ---- 139,184 - ------ 38.57 5120 Advertising - - - 200 (200) 400 - 5140 Travel /SUbsistenc 2,019 77 (1,943) 200 (123) 400 19.21 5160 Education /Trainin - - - 300 (300) 600 - 5330 Heating Fuel 397 - (397) - - - - 5380 Maintenance & Rep 12,807 4,058 (8,749) 16,000 (11,942) 32,000 12.68 5390 Contracted Servic 2,286 896 (3,390) 3,000 (2,104) 6,000 14.93 5440 Operating Supplie 7,322 18,612 11,290 24,000 (5,388) 48,000 38.77 5450 Gas & Lube 67 1,032 965 1,250 (218) 2,500 41.29 5460 Equip,Furn,Tools - 4 4 200 (196) 400 1.05 5465 Safety Equip /Supp 89 24 (65) 250 (226) 500 4.76 5490 Postage /Misc.Frei 614 396 (218) 1,500 (1,104) 3,000 13.19 5530 Motor Pool Rent 18,411 18,411 - 18,411 - 36,822 50.00 5790 Misc. Expenses - - --- - -- - -- --- - - - - - - 250 (250) 500 - Total Expenses $ 102,059 $ -- 97,195 --- - - ---- $ (4,864) $ - --- - - - - -- 135,153 --- - --- -- $ (37,958) $ ---- -- - --- 270,306 - - - ---- 35.96 i GL 5010 Salaries 5020 Overtime 5022 Standby Time 5030 Unemployment Wag 5040 Leave Time 5050 In Lieu of FICA 5060 Retirement Benefi 5070 Health Insurance 5080 Workers Comp 5090 Medicare 5130 Subscriptions /Due 5140 Travel /Subsistenc 5150 Communications 5160 Education /Trainin 5310 Utilities 5330 Heating Fuel 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5400 Library Bks.& Mat 5440 Operating Supplie 5450 Gas & Lube 5460 Equip,Furn,Tools 5465 Safety Equip /Supp 5480 Inmate Meals 5490 Postage /Misc.Frei 5790 Misc. Expenses 5930 Capital Equipment Total Expenses Wage (9 7,628 2,068 2.03 3,432 33 (3,399) 33 _ 9,315 1,687 7,553 1,762 15,105 - 1,975 1,975 61.67 9,434 9,738 305 247 1,728 494 399.81 36,651 6.101 3,637 12,202 30,375 (6,276) 79.81 21,059 9,316 4,992 4,582 (410) 42.118 72.12 4,774 (191) 1,016 1,074 58 993 9,547 48.00 ---- - - - - -- 1,986 54.09 ----- ---- --- --- - - -- ---- - - - - - - - -- -- - - -- 145,226 134,556 (10,669) 114,080 20,478 228,159 58.98 26 720 694 1,000 (280) 3,342 2,287 (31055) 625 1,662 2,000 36.00 3,528 3,138 (391) 1,250 182.92 4,250 (1,112) 925 283 (642) 1,000 8,500 36.91 15,960 19,699 2,000 14.14 9 3,739 16,000 8,070 3,699 32,000 61.56 13,611 5,541 12,500 1,111 25,000 54.45 3,680 1,498 (2,182) 7,750 2,179 (,252) 15,500 9.67 2,140 (39) 6,000 5,294 (55,860) 16,000 13.38 890 (4,404) 1,000 - 368 (110) 2,000 44.50 368 - 368 16,789 5,222 (11,567) 14,000 (8,778) 28,000 793 1,697 904 18.65 3,625 (1,928) 7,250 2,085 4,001 1,915 23.40 4,500 (500) 91000 27 1,383 1,356 44.45 750 633 1,500 - 3 3 92.20 _ 449 1,496 1,047 3 - 600 896 1,200 124.66 99 36 (62) 750 (714) 1,500 20,485 - (20,485) - 2.42 - - - - - - -- ---------- S 28,957 - "-- - - ---- 2 28,957 $ 193,029 $ (35,929) $ 190,430 $ 2,599 $ 380,859 " - - - - -- 50.68 V� �� FUND: 1 101 - General Fund DEPT: 1 1340 - City S Shop Line Item Expenditure Summary by Fund Through June, 5 50% of year h has expired THROUGH JUNE ----------------------------- ------- - --- -- --- - -------- - ANNU 2010 2 2011 g Actual Y YTD B - -- _ --------------- - ___ -- -- - - - -- _ Variance B Budget V Variance Budget A _ B --- - Annual B S 74,574 $ $ 76,664 $ $ 2,090 $ 7 - - - - - -- --- - -- 1 - -- --- 7,333 7 759 ( (6,574) 5 70,270 $ $ - 140,540 - 54.55 166 4 42 2 2 050 ( (1,290) 4 4,099 1 18.52 (124) 1 1,034 V� �� FUND: 101 - General Fund DEPT: 1350 - Municipal Building Line item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5020 Overtime 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5060 Workers Comp 5090 Medicare 5120 Advertising 5150 Communications 5310 Utilities 5330 Heating Fuel 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5440 Operating Supplie 5450 Gas & Lube 5460 Equip,Furn,Tools 5465 Safety Equip /Supp 5490 Postage /Misc.Frei 5790 Misc. Expenses --------------------------------------------------------------- - THROUGH JUNE 50 238 238 - Actual YTD Budget 2010 2011 Variance Budget Variance $ 37,934 $ 38,953 $ 1,019 $ 40,003 $ (1,049) $ 214 386 172 765 (379) 4,305 4,680 375 4,899 (219) 4,132 4,250 118 3,282 968 15,714 16,442 728 16,688 (245) 3,963 3,087 (877) 4,379 (1,292) 581 --- - --- --- -- 598 16 633 (35) 66,844 --- - - -- 68,395 - -- - - -- -- 1,551 -- -- - ----- 70,648 -- - - - - --- (2,252) - - - 50 238 238 - 125 26,799 31,653 4,854 27,500 9,267 11,834 2.,567 9,000 4,058 1,991 (2,067) 4,250 1,963 1,111 (852) 13,000 5,125 1,381 (3,744) 3,000 3,160 3,036 (124) 5,500 179 176 (3) - - 8 8 250 - - - 125 270 124 (146) 300 - ---- --- - -- -- - - - - -- -- - 125 117,904 $ -- 119,947 $ -- -- --- --- 2,043 $ - -- - - -- 133,873 $ Total Expenses $ (50) 113 4,153 2,834 (2,259) (11,889) (1,619) (2,464) 176 (242) (125) (176) (125) (13,926) $ ANNUAL - 250 --------------- Annual - - - e - -- of Budget Annual B 80,005 48.69 4.27 1 25.21 11,000 9,797 47.77 1.53 6,564 64.75 600 33,375 49.26 - 8,758 35.24 1,266 47.20 141,295 48.41 100 - 250 95.20 55,000 57.55 18,000 65.74 8,500 23.43 26,000 4.27 6,000 23.01 11,000 27.60 500 1.53 250 - 600 20.75 250 - 267,745 44.80 3 FUND: 101 - General Fund DEPT: 1351 - Community Center Expense Line Item Expenditure Summary by Fund Through June, 500 of year has expired THROUGH JUNE --- -- -- -- --- -------------------------- ------------------ ANNUAL GL 2010 Actual YTD --- Bud g -------------------- Annual a ____ 2011 Variance Budget Variance of --- - --_'- Budget Annual B 5120 Advertising $ --- - - - - -- - -- -- -- - -- ------- 5310 Utilities - 1,142 $ 3,142 $ - $ 1,142 $ -- ---- - - - - - -- 5330 Heating Fuel 2,996 3,425 429 3,000 425 - 5370 Insurance 820 651 (16 1,900 (1,249) 6, 000 57.08 5380 Maintenance & Rep 1,678 846 (833) 2,000 (1,154) 3,800 4,000 17.13 5390 Contracted Servic 760 2,037 1,277 , (463) 21.14 5440 Operating Supplie 3,188 836 (2,352) 22, 50500 0 (1,665) 5,000 a 5490 Postage /Misc.Frei 214 351 137 351 5,000 6.73 16.71 5790 Misc_ Expenses 4 (48) - - - - --- - --- --- _ - - -_- 250 (25 0) 500 _ Total Expenses $ 9,70 d $ 9,267 - - - - - -- $ --- - - - -- -- _ ---- - - - - -- ' - -'- -- (417) $ 12,150 $ (2, 863) $ 24,300 --- - 38.22 3 FUND: 101 - General Fund DEPT: 1400 - Parks & Recreation- Administration Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5030 Unemployment Wage 5040 Leave Time 5050 In Lieu of FICA 5060 Retirement Benefi 5070 Health Insurance 5080 Workers' Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistenc 5150 Communications 5160 Education /Trainin 5370 Insurance 5390 Contracted Servic 5440 Operating Supplie 5460 Equip,Furn,Tools 5465 Safety Equip /Supp 5490 Postage /Misc.Frei 5790 Misc. Expenses Total Expenses $ 108,212 $ 106,674 $ (1,538) $ 96,611 $ 10,064 $ 193,221 55.21 THROUGH JUNE ANNUAL --------------------------------- -- --- -- Actual ---- --- --- ----------- YTD -- Budget --------------- Annual - --- -- % of 2010 -- 2011 Variance Budget Variance Budget Annual B ---- - - -- --- $ 53,645 $ - - - - -- 45,748 -- -- - -- -- $ (.7,896) $ ---- - - - - -- 44,123 $ - -- - - -- -- 1,625 $ ---- - - - - -- 88,246 - - - - - -- 51.84 631 - (631) - - - - 6,241 6,223 (17) 6,152 71 12,304 50.58 - 1,975 1,975 - 1,975 - - 5,479 5,950 471 4,050 1,901 8,099 73.47 15,714 20,956 5,242 10,345 10,611 20,689 101.29 561 397 (164) 626 (229) 1,251 31.72 814 - -- - - - ---- --- 708 - - - --- (106) - -- - - - --- 781 (73) 1,562 45.30 83,083 81,957 (1,126) --- - - -- - -- 66,076 --- -- - - -- 15,881 -- -- - ----- 132,151 - - - - --- 62.02 - - - 50 (50) 100 - - 175 175 250 (75) 500 35.00 109 771 662 750 21 1,500 51.42 1,926 1,898 (28) 3,500 (1,602) 7,000 27.11 37 65 28 700 (635) 1,400 4.62 1,401 942 (459) 1,800 (858) 3,600 26.16 19,790 20,040 250 20,000 40 40,000 50.10 181 308 126 625 (317) 1,250 24.62 1,399 - (1,399) - - - - - - - 75 (75) 150 - 286 519 233 225 294 450 115.36 - - - 2,560 (2,560) 5,120 - Total Expenses $ 108,212 $ 106,674 $ (1,538) $ 96,611 $ 10,064 $ 193,221 55.21 R5 FUND: 101 - General Fund DEPT: 1410 - Parks & Recreation- Parks Maintenance Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE -- - -- --- --- -- -- --- --- ANNUAL GL 2010 Actual YTD - - - Bud Budget g ----------- Annual -- - - - ____ 2011 Variance Budget Variance % of - - - -- - -- - Budget g Annual B 5010 Salaries $ - -- -_ " -- - - 5020 Overtime 52,794 $ 48,440 $ (4_ , 354) $ 57,392 2 $ (8,951) $ _ - _ -_- 5030 Unemployment p yment Wage 591 234 (357) ,106 (1,872) 114,783 42 20 5040 Leave Time 3,771 2,946 (826) 5,000 (2,054) 4,211 5.55 5060 Retirement Benefi 4,341 4,223 (118) 2.934 1,289 10,000 29.46 5070 Health Insurance 3,854 3 82 (25) 1,989 1,840 5,868 71.96 5080 Workers Comp 15,714 12,828 (2,886) 7,944 4,685 3,978 96.26 3,198 3,653 455 15,887 80.75 5090 Medicare 1,935 3,263 390 6,525 55.98 1,746 ( 189) 3,110 (1,364) ---- - - - - -- - -- ---- - 6,220 28.07 86,199 77,899 (81300) - - - -- 83,736 ------ - _- - - - - - -- - - - - - -- (5,837) 167,472 46.51 5120 Advertising 5130 Subscriptions /Due 40 325 286 - 325 _ 5140 Travel /Subsistenc 66 165 (165) 330 5150 Communications 24 (42) 125 (101) 250 5160 Education /Trainin 904 840 (63) 625 215 9.60 _ - 1,250 67-24 5310 Utilities 4,973 275 (275) 550 5330 Heating Fuel 308 6,611 1,638 6,475 136 12,950 5370 Insurance 5,815 439 131 575 (136) 1,150 51.05 38.14 5380 Maintenance & Rep 3,335 (2,480) 5,000 (1,665) 10,000 5390 Contracted Servic 4,446 4,235 (211) 5,700 (1,465) 11,400 33.35 5420 vehicle Supplies 750 750 250 500 500 37,15 5440 Operating Supplie 646 - (646) 375 (375) 750 150.00 5450 Gas & Lube 300 2,379 550 250 750 (200) 1,500 - 36.68 5460 Equip,Furn,Tools 5 48 2,191 (168) 4,250 (2,059) 8,500 25.78 5465 Safety Equip /Supp 5 857 310 1,750 (893) 3,500 24.50 5470 Janitorial Suppli 70 137 132 750 (613) 1,500 9.11 5490 Postage /Misc.Frei 375 2,577 2,508 1,650 727 3,700 69.66 5500 Equipment Rental 572 197 900 (328) 1,800 31.79 5790 Misc. Expenses 42 6 2,500 (2,500) 5,000 5930 Capital Equipment _ 724 298 _ 724 --------- - 1,500 (1,500) 3,000 Total Expenses $ 107,500 $ 102,067 $ --- (5,433) -- -- - -- -- - - -- - - -- - - -- __ - - -- $ _ 117,551 $ (15,484) $ 235,102 43.41 R5 FUND: 101 - General Fund DEPT: 1415 - Parks & Recreation- Campgrounds Line Item Expenditure Summary by Fund Through June, 50% of year has expired .1 -16 THROUGH JUNE ANNUAL ------------------------------------ ---- ---- Actual ---- --- YTD ----- -- - ---- --------------- Budget Annual -- -- 4 of -- GL - - -- ---- 2010 2011 variance Budget Variance Budget Annual B 5010 Salaries $ - - ---- --- 34,371 $ - - -- -- 37,950 --- - - -- -- ---- $ 3,580 $ - - - - -- 58,008 --- - - - --- $ (20,057) $ - --- --- - -- 116,015 - -- - - 32.71 -- 5020 Overtime 261 700 438 2,106 (1,406) 4,211 16.62 5030 Unemployment Wage 76 149 73 - 149 - - 5040 Leave Time 1,268 1,600 332 2,934 (1,334) 5,868 27.27 5060 Retirement Benefi 1,115 1,605 490 1,951 (346) 3,902 41.13 5070 Health Insurance - 3,692 3,692 8,744 (5,051) 17,487 21.11 5080 Workers Comp 2,007 2,808 801 3,233 (425) 6,466 43.42 5090 Medicare ---- 1,964 - - ---- -- 2,070 -- - - --- 106 --- -- ---- 3,103 --- (1,032) 6,205 33.37 41,062 50,575 9,513 --- - - -- 80,077 -- - - - -- -- (29,503) - --- - - - --- 160,154 --- - - 31.58 -- 5120 Advertising - - - 500 (500) 11000 - 5130 Subscriptions /Due - 30 (30) 60 - 5140 Travel /Subsistenc - - - 250 (250) 500 - 5150 Communications 115 98 (17) 300 (202) 600 16.34 5310 Utilities 9,131 16,182 7,051 31,500 (15,318) 63,000 25.69 5330 Heating Fuel 389 235 (154) 300 (65) 600 39.20 5370 Insurance - 808 808 3,000 (2,192) 6,000 13.46 5380 Maintenance & Rep 4,207 1,708 1 2:,500) 4,263 (2,555) 8,525 20.03 5390 Contracted Servic - 1,375 1,375 1,250 125 2,500 55.00 5420 Vehicle Supplies - 83 83 375 (292) 750 11.07 5440 Operating Supplie 4,049 2,932 (1,116) 2,500 432 5,000 58.65 5450 Gas & Lube 857 1,263 407 2,000 (737) 4,000 31.59 5460 Equip,Furn,Tools 370 250 (120) 1,875 (1,625) 3,750 6.67 5465 Safety Equip /Supp 296 162 (135) 300 (138) 600 26.94 5470 Janitorial Suppli 2,951 1,670 (1,281) 11150 520 2,300 72.61 5490 Postage /Misc.Frei 385 426 41 300 126 600 70.93 5500 Equipment Rental 1,108 24 (1,064) 11,000 (10,976) 22,000 0.11 5930 Capital Equipment -- -- - - - - -- - - -- - -- - -- 11000 (1,000) 2,000 - Total Expenses $ 64,919 $ 77,790 --- - - ---- $ 12,871 $ - -- - - -- - -- 141,970 - --- -- --- $ (64,179) $ - --- - - -- -- 283,939 - - - - - 27.40 -- .1 -16 ill FUND: 101 - General Fund DEPT: 1420 - Parks & Recreation- Sports & Recreation Line Item Expenditure Summary by Fund Through June, 50t of year has expired THROUGH JUNE -- -- -- '- -- -- -- --- ----- ------- ANNUAL GL 2010 2011 Actual YTD ------ ---- Bud et g ----------------- Annual ____ %- ___ Variance Budget Variance of - - " ' -- --30 Budget 4 Annual H 5010 Salaries $ '- " --- - -- 5020 Overtime 56,641 $ 54,569 $ (2,072) $ 50,551 $ - --- - - - - -- _____ 363 (333) 4,018 $ 101,102 53.97 5030 Unemployment P yment wage 609 - 30 - 5040 Leave Time 470 (139) 500 (30) - 5050 In Lieu of FICA 4,557 4,313 (244) 4,717 (404) 1,000 47.04 5060 Retirement Benefi 1,975 (1,975) 494 (494) 9,433 a5 72 . 5070 Health Insurance 5,035 4,341 (694) 3,374 968 988 - 5080 Workers Comp 15,714 9,867 (5,847) 16,688 (6,821) 6,747 64.34 5090 Medicare 633 570 (63) 590 (20) 33,375 29.56 11610 1,589 (21) 1,179 48.33 --- -- - - --- -- - --- --- -- - - - - -- 1,258 -- -- --- 331 2,516 63.14 87,136 75,748 (11,390) - -- 78,170 - -- -- ---- - - - - -- - - - -__- (2,422) 156,340 48.45 5120 Advertising 5130 Subscriptions /Due 216 1,260 1.,045 x,000 260 2,000 63.01 5140 Travel /Subsistenc 11 160 (160) 320 5150 Communications 1,614 45 34 650 (605) 1,300 - 3.46 5160 Education /Trainin 1,471 (143) 1,250 221 2,500 5360 Rents & Leases - - _ _ 283 (283) 565 58.83 _ 5370 Insurance 1,469 101000 (10,000) 20,000 5380 Maintenance & Rep 827 (642) 1,500 (773) 3,200 _ (98) (98) 25.65 5390 Contracted Servic 6,401 (98) - 5440 Operating Supplie 11,711 6,698 297 71000 (302) 14,000 47.84 5450 Gas & Lube 23,754 12,043 11,575 12,179 23,150 75 100 25 102.61 5460 Equip,Furn,Tools 580 - 100 _ _ 5465 Safety Equip /supp _ - (580) - - 5470 Janitorial Suppli 53 250 (250) 500 5490 Postage /Misc.Frei 618 543 490 - 543 - 5790 Misc. Expenses 355 1,100 482 1,800 (700) 3,600 30.55 152 --------- 150 357 300 169.00 Total Expenses $ 110,241 S 111,955 $ --- 1,714 $ - - ----- 113,888 --------- - --- -- - - -- - -- -- -- $ (1,932) $ 227,775 49.15 ill FUND: 101 - General Fund DEPT: 1422 - Parks & Recreation- Community Schools Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5080 Workers' Comp 5090 Medicare 5150 Communications 5440 Operating Supplie - 50 (50) 100 - 140 (140) 280 - --- - - - - -- --- - - ---- --- - - - - -- --- -- - - --- -- - --- - -- ---- -- - --- - - - ---- 1,876 $ 3,878 $ 2,000 $ 8,218 $ (4,340) $ 16,436 23.60 Total Expenses $ I'IT THROUGH JUNE ANNUAL ------------------------------------- ---- Actual ------ --- --- YTD ---- - - - --- Budget --------------- Annual - -- --- > of 2010 2011 variance Budget variance Budget Annual B -- -- - - ---- - $ 1,726 $ -- - - - --- 3,569 -- ----- -- $ 1,843 $ ---- - - - --- 7,379 --- - -- --- $ (3,810) $ - --- - - - - -- 14,757 - --- - -- 24.18 20 36 17 85 (49) 170 21.42 132 273 141 565 (292) 1,129 24.18 ---- -- - - -- --- 1,878 - - - - -- 3,878 --- --- - -- 2,000 -- -- --- - -- 8,028 --- - - - --- (4,150) -- -- - - - - -- 16,056 -- - - --- 24.15 - 50 (50) 100 - 140 (140) 280 - --- - - - - -- --- - - ---- --- - - - - -- --- -- - - --- -- - --- - -- ---- -- - --- - - - ---- 1,876 $ 3,878 $ 2,000 $ 8,218 $ (4,340) $ 16,436 23.60 Total Expenses $ I'IT 1lc� FUND: 101 - General Fund DEPT: 1430 - Parks & Recreation- Youth Center Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE - - - -- -- -- -- --- --- --- - -- --- -- -- --- -- -- -- --- --- --- ANNUAL GL 2010 Actual YTD --- - -- - -- Bud g et --- -------- Annual -- - - -- _ _ ____ 2011 Variance Budget variance o -- --" "-- Budget g Annual 3 4470 Recreation $ -- - - -' -' - ------ -- ---- -- -- 5010 Salaries - $ 299 $ 299 $ $ 299 $ -- - - -- - -- 5020 Overtime 70,183 63,710 (6,473) 69,871 (6,161) - 266 396 130 139,742 45.59 5030 Unemployment Wage 5 789 - 396 _ 5040 Leave Time (5'789) 4,428 4,444 16 5050 In Lieu of FICA _ 5'229 (785) 10,457 42.50 5060 Retirement Benefi 5,013 _ _ 494 (494) 988 5070 Health Insurance 15,714 4,866 (148) 3,889 977 7,777 _ 62.56 5080 Workers' Comp 18,127 2,413 21,059 (2,932 900 701 (199) 42,118 43.04 5090 Medicare 2,303 811 (110) 1,622 43.25 ?,139 (164) 2,096 ---------- - - -_ --- - --- ---- 4,192 51.03 104,596 94,083 (10,512) -- 103,448 ___ _______ (9,365) 206,696 45.47 5120 Advertising 5130 Subscriptions /Due _ 110 110 125 (15 250 13 90 77 44.00 5140 Travel /Subsistent 88 130 (40 260 34.62 5150 Communications 2,331 24 (64) 150 (126) 300 8.00 5160 Education /Trainin 1,741 (589) 1,880 (139 _ 3,760 46.32 5330 Heating Fuel 483 (483) 965 5360 Rents & Leases 902 902 902 - _ 5370 Insurance _ 214 214 - 214 _ 5380 Maintenance & Rep 2,204 1,145 (11059) 2,450 (1,305) 4,900 23.37 5390 Contracted Servic 408 _ a 0 (368) 2,000 (1,960) 4,000 1.00 5420 Vehicle Supplies _ 175 (175) 350 _ 5440 Operating Supplie 3,652 - 150 (150) 300 5450 Gas & Lube 7,293 3,641 6,000 1,293 12,000 60.78 5460 Equip,Furn,Tools 499 _ 260 (239) 1,000 (740) 2,000 12.99 5465 Safety Equip /Supp 125 - 3,475 (3,475) 6,950 _ 5470 Janitorial Suppli 206 ' (125) 100 (100) 200 5490 Postage /Misc.Frei 5 106 (100) 275 (169) 550 19.30 1,450 885 450 11000 900 161.08 Total Expenses $ 114,686 $ 107,459 $ - ---- (7,227) $ --- - -- --- 122,291 - -- - -- - _ _ - -_- $ (14,832) $ 244,581 a 3.94 1lc� FUND: 101 - General Fund DEPT: 1500 - Library Line Item Expenditure Summary by Fund Through June, 50% of year has expired GL 5010 Salaries 5030 Unemployment Wage 5040 Leave Time 5060 Retirement Benefi 5070 Health Insurance 5080 Workers' Comp 5090 Medicare 5120 Advertising 5130 Subscriptions /Due 5140 Travel /Subsistent 5150 Communications 5160 Education /Trainin 5190 Other Spec Servic 5310 Utilities 5330 Heating Fuel 5360 Rents & Leases 5370 Insurance 5380 Maintenance & Rep 5390 Contracted Servic 5400 Library Bks.& Mat 5440 Operating Supplie 5460 Equip,Furn,TOOls 5470 Janitorial Suppli 5490 Postage /Misc.Frei 5500 Equipment Rental 5790 Misc. Expenses 1,321 318 1,690 3,096 1,407 4,577 3,200 6,324 3,661 1,341 538 13,045 2,977 2,428 905 3,296 1,309 Total Expenses $ 187,234 ANNUAL Annual % of Budget Annual B - - - - - - -- -- -- --- 184,605 42.81 21,644 43.85 THROUGH JUNE 14,830 67.93 --------------------------------------------------------------- 66,749 Actual YTD Budget 2010 2011 variance Budget Variance - --- - -- - -- -- $ 82,748 $ - - - - - -- 79,026 --- - - - - -- $ 0,722) $ - -- -- ----- 92,303 $ --- - - - - -- (13,276) $ - 5,566 5,566 - 5,566 9,271 9,491 220 10,822 (1,331) 10,112 10,073 (38) 7,415 2,658 31,428 32,962 1,535 33,375 (412) 904 749 (155) 1,072 (323) 1,338 1,492 154 1,430 62 --- - - - - --- 135,800 --- - - - - -- 139,359 --- - - - - -- 3,559 ---- - - - - -- 146,416 --- - - - - -- (7,057) 1,321 318 1,690 3,096 1,407 4,577 3,200 6,324 3,661 1,341 538 13,045 2,977 2,428 905 3,296 1,309 Total Expenses $ 187,234 ANNUAL Annual % of Budget Annual B - - - - - - -- -- -- --- 184,605 42.81 21,644 43.85 800 14,830 67.93 4.44 66,749 49.38 S00 2,144 34.92 38.42 2,860 52.16 750 -- -- - - - - -- 292,832 - -- - 47.59 - -- 71 J.1, 250) 800 (729) 1,600 4.44 384 66 S00 (116) 1,000 38.42 1,637 (53) 750 887 1,500 109.15 4,019 923 3,500 519 7,000 57.41 1,547 140 1,250 297 2,500 61.87 - - 3,750 (3,750) 7,500 - 5,245 667 5,000 245 10,000 52.45 4,932 1,732 3,500 1,432 7,000 70.46 6,270 (54) 4,100 2,170 8,200 76.46 2,219 (1,442) 4,500 (2,281) 9 24.65 839 (503) 1,750 (912) 3,500 23.96 500 (38) 250 250 500 100.00 8,052 69,993) 12,500 (4,448) 25,000 32.21 6,262 3,285 5,000 1,262 10,000 62.62 2,743 315 2,500 243 5,000 54.86 583 (321) 750 (167) 1,500 38.88 5,074 1,778 4,000 1,074 8,000 63.42 1,094 (214) 1,500 (406) 3,000 36.48 81 81 250 (169) 500 16.20 $ 190,910 $ 3,676 $ 202,566 $ (11,656) $ 405,132 47.12 FUND: 101 - General Fund DEPT: 1910 - General Fund Debt Service Line Item Expenditure Summary by Fund Through June, 501- of year has expired THROUGH JUNE - - - -- -- -- -- --- --- ----- ---- ANNUAL GL 2010 Actual YTD --- -- - - - - -- Budget g --- ---- ---- -- Annual _ _ o ___ 2011 Variance Budget Variance or - --- - - - --- Budget g Annual B 5060 Retirement Benefi 206,951 $ ___ - - -- - " --- - - - -- 206,582 ---------- $ (369) $ 280,336 $ (73,753) $ - - --- -- - 560,671 36.85 206,951 206,582 (369) - - 280,336 _-- - - - - -- --- ------- - - - -_ -- (73,753) 560,671 36 85 5810 Principal 65,595 68,913 3,318 135,334 5820 Interest Expense -- - - 3,403 (66,421) 270,667 25.46 _ -- -1,775 €1,629) 41,525 (39,750) 83,050 ---- --- - - - --- 2.14 ---- - -- --- Total Expenses $ 275,949 - -- -- -- - -- 277,269 $ 1,321 $ - "' -- ,925) $ 457,194 $ (179 914,388 30.32 1 City of Seward FUND: 401 - Small Boat Harbor Enterprise Fund Line Item Revenue Summary by Fund Through June, 50k of year has expired 'Z 3 )-'� THROUGH JUNE ANNUAL -- - - -- --------------------------------------- -- Actual --------- ----- YTD --- -- -- -- Budget --------------- Annual % of Account Name 2010 2011 variance Budget --- - - - -- Variance --- - - - --- Budget ---- - -- - -- Annual Bud - -- - - -- - -------- -- ---- -- EF Interest Reven $ ---- - - - - -- 5,973 $ ---- - - - --- 6,962 --- - - - - -- $ 990 $ - - 10,500 $ (3,538) $ 21,000 33.15 % GF Interest Reven 2,433 - (2,43.3) - - - - Sales Fixed Asset 634 - (634) - - - - Other Misc Revenu 24 639 615 750 (111) 1,500 42.59 Amortization of C 314,123 313,587 (536) 376,087 (62,500) 752,174 41.69 Amort.Bond Premiu - - - 4,188 (4,188) 8,375 - Transient Moorage 228,351 230,567 2,21.6 211,023 19,545 422,045 54.63 Moorage 571,083 570,774 (309) 478,020 92,754 956,040 59.70 Boat Lift Fees 54,252 57,128 2,876 44,625 12,503 89,250 64.01 Capital Renewal F - 23,760 23,760 50,000 (26,240) 100,000 23.76 Wharfage 7,810 9,207 1,398 27,500 (18,293) 55,000 16.74 Land Rents & Leas 173,794 193,200 19,406 177,259 15,941 354,518 54.50 Labor and Service 5,658 8,593 2,935 2,750 5,843 5,500 156.23 Land Lease Credit (27,128) (31,532) (4,404) (25,767) (5,765) (51,533) (61.19) Misc. Harbor Reve 27,301 26,119 (1,182) 50,475 (24,356) 100,950 25.87 Harbor Power Sale 113,489 141,546 28,057 127,500 14,046 255,000 55.51 Total Revenue $ ---- -- -- -- 1,477,794 $ ---- - - - - -- 1,550,550 --- - - - --- $ 72,756 $ ---- ---- -- 1,534,910 -- - - - -- -- $ 15,640 $ ---- -- -- -- 3,069,819 - -- -- 50.51 -- 'Z 3 )-'� City of Seward FUND: 401 - Small Boat Harbor Enterprise Fund Line Item Expenditure Summary by Fund Through June, 50! of year has expired THROUGH J'LTNE ----- ---- - ----- ----------------------------- ANNUAL Account Name 2010 Actual YTD Bud et - - -- ------ Annual -- - ---- of - - - - -- 2011 Variance Budget a Variance - --- -- -- - - -- Budget Annual Bud Salaries $ 204,792 S 212,502 $ ---------- - - -- - -- - -- --- -- Overtime 4,274 7,710 $ 248,561 $ (36,058) $ 497,121 42.75 Standby Time 6 270 3,984 (250) 19,762 (15,778) 39,524 Leave Time 5,959 (31.1) 5,664 296 11,327 10.08 22,124 22,629 505 52.61 Retirement Benefi 54,508 56,817 27'011 (4,382) 54,022 41.89 Health Insurance 63,702 2,308 65,557 (8,740) 131,114 43.33 Workers' Comp 12,145 85,131 1,429 86,485 (3,354) 176,970 48.10 Medicare 10,499 (1,646) 14,965 (4,466) 29,929 3,546 3,571 25 35.08 ---- - - ---- - - - - - -- 4,483 (912) 8,966 39.63 Total Persnl Sery 391,363 401,092 __________ - - - - -- 9,729 474,487 (73,394) 948,973 42.27 Advertising 2,294 Subscriptions /Due 1,100 (1,193) 2,750 (1,650) 5,500 Travel /Subsistenc _ (3,620) (3,620) 500 (4,120) 11000 20.00 (361.95) Communications 295 809 514 3,750 (2,941) 7,500 Education /Trainin 3,252 3,412 159• 6,000 (2,588) 12,000 10.78 Legal 769 1,275 506 2 ,000 (725 4,000 28.43 CY Legal Recoveri 8,773 6,016 (2,757) 11,500 (5,484) 23,000 31.87 26.15 _ (20,721) (20,721.) Utilities 31,326 51,249 _ (20,721) _ Power for Resale 84,220 19,923 43,750 7,499 87,500 58.57 Heating Fuel 3,385 116,576 32,356 88,200 28,376 176,400 66.09 Rents & Leases 5,533 2,1.48 5,000 533 10,000 55.33 Insurance 48,318 4 16,175 4 (32,143) - 4 _ Maintenance & Rep 11,605 50,500 (34,325) 101,000 16.01 Contracted Servic 40,462 62,925 51,319 19,350 43,575 38,700 162.60 Operating Supplie 10,382 23,094 (17,368) 37,100 (14,006) 74,200 31.12 Gas & Lube 13,426 3,043• 16,375 (2,949) 32,750 40.99 Equip,FUrn,Tools 7 580 8,309 729 13,250 (4,941) 26,500 31.35 Safety Equip /Supp 3,849 3,008 5,074 1,225 9,250 (4,176) 18,500 27.43 2,650 (358) 3,000 (350) Janitorial Suppli 2,134 2,672 6,000 44.17 Postage /Misc.Frei 3,857 538 3,500 (828) 7,000 38.17 Equipment Rental 3,132 (72.5) 5,550 (2,418) 11,100 28.21 Motor Pool Rent 26,800 27,450 - 500 (500) 1,000 Depreciation Expe 543,445 543,155 6.50 27,450 54,900 50.00 Bad Debt Expense 1,882 (2:9.0) 605,332 (62,176) 1,210,663 44.86 Harbor Overhead 428,082 129 (1,753) 6,000 (5,671) 12,000 1.08 Harbor Allocation (271,813) a 60,506 32,423 460,506 - 921,011 50.00 (298,919) (27,106) (298,919) (1) P.I.L.T. 80,635 83,829 3,194 (597,837) (50.00) Reclass PILT to T (80,635) (83,829) 81,464 2,366 162,927 51.45 Bank,credit card 71106 (3,194) (81,464) (2,366) (162,927) (51.45) Misc. Expenses 1,239 21,886 14,780 20,000 1,886 a 0,000 54.71 Principal 240,086 1,732 493 1,000 732 2,000 66.61 interest Expense 140,692 256,193 16,105 203,097 53,096 406,193 63.07 Capital Equipment 134,249 (6,643) 163,244 (28,995) 326,487 41.12 3,450 3,4.50 - 3,450 _ Total Expenses $ 1 ,774,593 $ 1 ,850,012 $ 75,41.9 $ 1,984,020 $ (134,008) $ 3,968,040 46.62 City of Seward FUND: 403 - Parking Enterprise Fund Line Item Revenue Summary by Fund Through June, 50% of year has expired ANNUAL THROUGH JUNE -- - --- % of Budget ---------------------------------------------------------------- ---- - - - - -- 266,830 Actual YTD Budget Account Name 2010 2011 variance Budget variance --------- -- - - - - -- - Parking Fees $ --- - - -- -- ---- --- - -- 76,437 $ 93,383 --- - - - --- $ 16,946 $ ---- - - - - -- 133,415 --- - - - - -- $ (40,032) $ Fines - 609 609 - 609 EF Interest Reven 537 215 (322) 6,000 (5,785) ---- Total Revenue $ - - - - -- --- --- - - -- 76,974 $ 94,207 - --- --- -- $ 17,233 $ - -- - - - - - -- 139,415 -- -- - - - -- $ (45,208) $ ANNUAL --------------- Annual -- - --- % of Budget Annual Bud ---- - - - - -- 266,830 - - - - - -- 35.00 % 12,000 --- 1.79 - --- - -- 278,630 - - - - --- 33.79 % Advertising Annual City of Seward Budget Annual Bud Subscriptions /Due 205 FUND: 403 - Parking Enterprise Fund 750 (674) Travel /Subsistent Line Item Expenditure Summary by Fund 6`:50 1,375 (475) Through June, 500 of year has expired 190 THROUGH JUNE Education /Trainin Account Name 2010 (31.5) ----------------------------- Actual YTD Budget - --------- - ----- ---- --- 2011 - - -- Variance Budget Variance Salaries $ 26,663 $ - -- 28,381 - - -- - - - -- --- $ - - - - -- Overtime (250) Utilities 1,748 $ 51,807 $ (23,426) $ Unemployment Wage 174 1,052 878 - 1,052 Leave Time 7,860 7,048 (812) 3,500 3,548 Retirement Benefi 47 689 642 689 Health Insurance 41 586 545 - 586 Workers Comp Vehicle Supplies 534 534 2,247 (1,713) Medicare 1,490 1,359 (132) 533 826 (74) 2,013 --- 1,881 -- - - ---- (132) 3,543 (1,661) Total Persnl Sery 38,289 41,530 _________ _ Equip,FUrn,Tools 266 1,399 177 (85') 3,241 61,629 (20,099) Advertising Annual - - - --- % of Budget Annual Bud Subscriptions /Due 205 76 (128) 750 (674) Travel /Subsistent 250 _ 900 6`:50 1,375 (475) Communications 190 (190) Education /Trainin 549 233 (31.5) 11800 (1,567) Legal 750 (750) Other Spec Servic 250 (250) Utilities _ 8,885 8,885 1,250 7,635 Rents & Leases 204 _ 251 47 250 1 Insurance 1,474 _ - 500 (500) Maintenance & Rep 994 (480) 1,750 (756) Vehicle Supplies 902 2,968 2,067 3,000 (32) Operating Supplie 7 3,966 - (74) 500 (500) Gas & Lube 4,549 583 4,370 179 Equip,FUrn,Tools 266 1,399 177 (85') 50 127 Safety Equip /Supp 11959 (1,399.) 1,613 (1,613) Postage /Misc.Frei 584 159 (1,800.) 375 (216) Motor Pool Rent 6,500 141 (44.3) 350 (209) 6,500 _ 6,500 Depreciation Expe 6,819 8,378 1,550 Bad Debt Expense _ 3,657 4,722 Genl Govt Admin F 4,674 250 (250) P.I.L.T. 4,858 184 4,858 Reclass PILT to T 6,115 3,384 (2,733) 10,575 (7,291) (6,115) (3,384) 2,731 (10,675) Bank,credit card 345 7,291 Mist. Expenses 515 170 2,000 (1,485) Infrastructure Co 727 434 (293) 600 (166) Capital Equipment 21,833 - 79,500 (79,500) ---- 50,478 --- 28,645 - 50,478 Tota Expenses $ 91,017 $ - -- 132,026 $ ---------- 41,009 $ 178,115 $ (46,089) $ ANNUAL --------------- Annual - - - --- % of Budget Annual Bud 103,614 27.39 $ 7,000 100.68 4,493 1,065 7,085 123,257 11.88 127.57 26.55 33.69 1,500 2,750 380 3,600 1,500 500 2,500 500 1,000 3,500 6,000 1,000 8,740 100 3,225 750 700 13,000 7,313 500 9,715 21,350 (21,350) 4,000 1,200 159,000 5.08 32.73 6.48 355.40 50.17 28.40 49.47 52.04 177.34 21.20 20.13 50.00 114.57 50.00 15.85 (15.85) 12.88 36.17 356,230 37.06 % City of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Revenue Summary by Fund Through June, 50e of year has expired 7 a � THROUGH JUNE ANNUAL - -- -- ----------------------------------------- -------- Actual -- ----- YTD -- - - - - -- --------------- Budget Annual - "a of Account Name 2010 2011 variance Budget --- - -- -- variance --- - - ---- Budget ---- - - - - -- Annual Bud - - - -- -- -- ------ --- --- --- ---- EF Interest Reven $ - -- --- ---- 35 $ - - -- -- 33 --- - - ---- -- $ (2) $ - $ 33 $ - - Amortization of C 251,516 241,265 (10,252) 241,265 - 482,529 50.00 Moorage 629 2,855 2,226 1,313 1,542 2,625 108.75 Boat Lift Fees 33,952 73,519 39,567 57,500 16,019 115,000 63.93 Storage Fees 85,620 60,397 (25,22:3) 45,000 15,397 90,000 67.11 Wharfage 219 3,737 3,518 1,625 2,112 3,250 114.99 Land Rents & Leas 42,056 68,800 26,745 36,558 32,242 73,116 94.10 Labor and Service 120 861 741 500 361 1,000 86.08 Land Lease Credit - (3,600) (3,600) - (3,600) - - Misc. Harbor Reve 64 1,714 1,650 - 1,714 - - Harbor Power Sale 3,683 19,555 15,872 10,000 9,555 20,000 97.77 - Total Revenue $ --- - ----- - 417,893 $ --- --- --- 469,135 -- - - - ---- $ 51,242 $ ---- - - -- -- 393,760 - -- - - - - -- $ 75,375 $ ---- - - - - -- 787,520 - - ----- 59.57 7 a � City of Seward FUND: 417 - S.M.I.C. Enterprise Fund Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE -- - - -- -- --------------------------------------------------- ANNUAL Account Name 2010 Actual YTD - Budget Annual 2011 Variance Budget g Variance - - _ Budget Annual Bud S alaries $ 27,192 -- -- - - - - -- --- - - -___ ---- ---- - - $- 28,663 $ 1,471 $ ------- Overtime 432 21,614 $ 7,049 $ 43,227 66.31 Leave Time 2,208 614 182 1,719 (1,105) 3,437 % Retirement Benefi 2,400 192 2,349 52 17.85 3,226 3,166 G60) 4'697 51.10 Health Insurance - 1,844 1,322 3,687 Workers Comp 2,133 5,730 5,730 7,694 (1,964) 15,388 85.87 Medicare 1,980 (153) 1,302 678 37.24 24 2,603 76.06 __ ___ - -1 - - - -_- - 425 -- -- - 390 35 779 54.50 Total Persnl Sery 35,592 42,977 - - -- -- --- -- - - '- --- - -- - _-- - - - - -_ - - - - - -- 7,385 36,909 6,068 73,818 58.22 Advertising - Legal 2,821 250 (250) 500 - Utilities 6,199 5,587 2,766 4,000 1'587 8,000 69.89 Power for Resale 5,346 7,924 1,725 6,500 1,424 13,000 60.95 Heating Fuel 1,352 13,609 8,263 15,500 (1,891) 31,000 43.90 Insurance 2,555 1,202 5,000 (2,445) 10,000 Maintenance & Rep 7,327 3,043 (4,284) 8,900 (5,857) 17,800 25.55 Contracted Servic 8,344 6,220 (2,125) 16,500 (10,260) 33,000 17.10 Operating Supplie 12,824 10,189 (2, 614) 17,500 (7,311) 35,000 18.85 11069 4,990 3,9G�0 2,750 29.11 Gas & Lube 2 095 2,434 2,240 5,500 90 Equip,Furn,TOOls 933 339 5,000 (2,566) 10,000 24.34 Postage /Misc.Frei 123 761 (172.) 750 11 1,500 50.76 Depreciation Expe 311,167 681 558 3,000 (2,319) 6,000 11.35 Harbor Overhead 83,922 300,916 (10,252) 300,754 162 601,507 50.03 85,029 1,107 85,029 Harbor Allocation (42,183) (40,874) - 170,058 50.00 P.I.L.T. 9,943 1,309 (40,875) (81,749) (50.00) Reclass PILT to T (9,943) 16,678 6,735 9,275 7,403 18,550 89.91 Misc. Expenses 18,631 (16,678) (6,735) (9,275) (7,403) (18,550) (89.91) - (18,631) _ Principal - - _ Interest Expense 1550 - 29,515 (29,515) 59,030 - , -- - -- --- ---- - --- - 1 (689) -- ---- 1,033 (172) 2,066 41.67 T otal Expenses $ 457,133 $ 446,901 $ - -- ---- (10,232) $ -- ---- --- - -- --- - -- - ------ __ __ 498,015 $ (51,114) $ 996,030 a 4.87 City of Seward FUND: 501 - Electric Fund Line Item Revenue Summary by Fund Through June, 50: of year has expired 1 -i� THROUGH JUNE ANNUAL ---------------------------------- --- -- ------- Actual -- --- ---- YTD --- ------ Budget --------------- Annual - ----- e of Account Name 2010 2011 Variance Budget Variance - - - - -- Budget - -- - - --- -- Annual Bud - - - - - -- -- --- ------ - - - - -- Assessment Revenu - --- -- - - -- $ 500 $ - --- -- - - -- - --- - - -- -- $ (500) $ ---- --- - -- 1,325 - -- $ (1,325) $ 2,650 - ° s EF Interest Reven 21,810 35,629 13,820 53,500 (17,871) 107,000 33.30 Sales Fixed Asset 5,000 - (5 - - - - Amortization of C 432,190 439,898 7,708 572,076 (132,178) 1,144,151 38.45 Amort.BOnd Premiu - - - 4,183 (4,163) 8,366 - Residential Sales 1,349,110 1,601,366 252,256 1,521,608 79,758 3,043,216 52.62 SG Service 696,886 827,624 130,738 764,722 42,902 1,569,443 52.73 LG Service Sales 1,527,446 1,804,066 276,620 1,798,659 5,407 3,597,318 50.15 Indust. /Special C 425,275 593,043 167,768 475,494 117,549 950,988 62.36 Harbor Power Sale 94,321 136,059 41,738 131,815 4,244 263,630 51.61 Street & Yard Lig 33,329 34,718 1,389 37,750 (3,032) 75,500 45.98 Special Rate Sale 3,584 9,391 5,808 - 9,391 - - Misc. Operating R 22,880 9,371 (13, 510) 50,650 (41,279) 101,300 9.25 Total Revenue - --- - - - - -- $ 4,612,331 $ - --- -- -- -- 5,491,165 --- - -- --- $ 878,834 $ -- -- -- -- -- 5,431,781 --- - ----- $ 59,384 ---- -- - --- $ 10,863,562 - - -- --- 50.55 1 -i� City of Seward FUND: 501 - Electric Fund Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE - - - - -- --- - - -- -- - ---------- -- --- --- ---- ANNUAL Account Name 2010 Actual YTD - - - - - -- Bud et g ---- ---- -- - Annual --- _______ -_____ 2011 Variance Budget g Variance of - - - --- - --- - - - - -- Budget Annual Bud Salaries $ 343,065 $ 355,291 $ ---------- --------- ---- - - - --- - " - --- Overtime 41,802 12,22.5• $ 393,199 $ (37,908) $ 786,397 45.18 Standby Time 14,170 (27,632) 26,459 (12'288) % 40,186 39,585 (601) 52,917 26.78 Electric Meal All 3,495 42,276 (2'691) 84,552 46.82 Unemployment Wage 7,053 436 (3,060) 6,542 (6,106) 13,083 Leave Time 30,752 (7'05.3) 1,500 (11500) 3,000 3.33 In Lieu of FICA 34,621 3,868 39,206 (4,585) 78,411 _ Retirement Benefi _ 52,115 61,865 137 ( 137) 274 44.15 Health Insurance 76,524 76,894 9,75 64,846 (2,981) 129,692 47.70 Workers Comp 33,561 27,842 370 77'023 (128) 154,045 49.92 Medicare 6,688 (5,720) 46,845 (19,003) 93,690 28.72 U Union Benefits 8,134 6,700 12 8,678 (1,978) 17,355 38.61 Sal.& Ben.w /o cre (18,592) 8,734 600 10,000 (1,266) 20,000 43 .67 - 18,592 --------- (100,000) 100,000 (200,00 Total Persnl Sery 624,784 626,138 ---- - - - --- ________ - - -- 1,354 ' 616,708 9,430 1,233,416 50.76 Advertising 452 Subscriptions /Due 16,606 700 248 1,750 (1,050) 3,500 20.00 Travel /Subsistenc 6,669 16,424 (183) 16,750 (326) 33,500 49.03 Communications 8,492 12,197 5,529 41,500 (29,303) 83,000 14.70 Education /Trainin 6,795 (11698) 19,000 (12,205) 38,000 17.88 Legal 5,689 9,970 4,281 10,750 (780) 21,500 46.37 Other Spec Servic 16,472 4,359 (12,113) 51,750 (47,391) 103,500 4.21 Utilities 5,000 15,055 10,055• 7,500 7,555 15,000 100.37 25,205 36,017 10,812 36,500 (483) Power for Resale 2,069,177 2,369,372 300,195 73,000 49.34 Heating Fuel 8,060 2,150,000 219,372 4,300,000 55.10 Fuel for Generato 97,259 8,986 926 5,250 3,736 10,500 85.58 Rents & Leases 11,800 25 (97,2:35) 25,000 (24,975) 50,000 0.05 Insurance 33,767 12,671 871 14,500 (1829) , 29,000 a 3.69 Maintenance & Rep 27,067 24,492 (9,275) 38,500 (14,008) 77,000 31.81 Contracted Servic 66,982 31,883 4,815 68,200 (36,317) 136,400 23.37 Vehicle Supplies 60,013 (61969) 101,000 (40,987) 202,000 29.71 Operating Supplie 101 236,925 ' (101) 1,250 (1,250) 2,500 Oper.Supp.w /o cre (7,845) 123,246 (113,679) 148,350 (25,104) 296,700 41.54 Gas & Lube - 7,845 (100,000) 100,000 (200,000) E quip,Furn,Tools 14,585 1,243 13,990 (S9m) 21,250 (7,260) 42,500 32 _ 92 Safety Equip /SUpp 61030 2,310 1,068 12,250 (9,940) 24,500 9.43 Postage /Misc.Frei 11,532 262 (5,768) 4,250 (3,986) 8,500 3.08 Equipment Rental 17,417 9,797 (1,736) 9,525 272 19,050 51.43 Motor Pool Rent 81,500 2,279 (15,138) 11,350 (9'071) 22,700 10.04 Util. Deposit Int 562 82,500 1,0•QO 82,500 _ 165,000 50.00 Depreciation Expe 719,016 533 743,196 (29) 697 (164) 1,394 38.24 Bad Debt Expense _ 24,1.8Q 817,540 (74,344) 1,635,080 4 5.45 Genl Govt Admin F 407,642 - 13,500 (13,500) 27,000 423,646 6 0 423,646 P.I.L.T. 332,226 329,450 (2,777) 847,291 50.00 459,388 (129,938) 918,775 35.86 V) City of Seward FUND: 501 - Electric Fund Line Item: Expenditure Summary by Fund Through June, 50* of year has expired THROUGH JUNE ANNUAL --------------- - -- --- --------------------------------- --- ------- Actual. -- ----- --- ----- YTD - - - - -- Budget Annual * of Account Name 2010 2011 Variance Budget Variance -- - ---- -- Budget ---- --- --- Annual Bud -- ----- ----- -- -- --- -- - -- Reclass PILT to T $ - --- - - ---- (332,226) $ --- -- -- - -- (329,450) --- --- - -- $ 2,777 $ ---- - - ---- (459,388) $ 129,938 $ (918,775) (35.86)* Bank,credit card 12,297 18,792 6,495 25,000 (6,208) 50,000 37.58 Misc. Expenses 60 912 852 4,250 (3,338) 8,500 10.72 Principal 315,000 330,000 15,0.00 165,000 165,000 330,000 100.00 Interest Expense 150,234 144,421 (5,813) 221,410 (76,989) 442,820 32.61 Amort.BondIssueCo - - - 1,761 (1,761) 3,521 - Buildings - - - 20,000 (20,000) 40,000 - Infrastructure Cc 304,604 - (304,604) 252,500 (252,500) 505,000 - Capital Equipment 43,301 -- - --- 38,702 --- - - - - - -- (4,599) -- - -- - - -- 37,000 --- - -- - --- 1,702 -- -- - - - -- 74,000 ---- - - -- -- 52.30 - -- -- -- Total Expenses $ -- -- 5,337,686 $ ---- -- - - -- ---------- 5,169,681 - -- - - -- - -- ---- - - - - -- $ (168,005) $ --- - - - - -- --- -- -- -- 5,377,686 $ ---- - - - - -- - --- - ----- (208,005) $ --- - - - - -- - -- - - - - -- 10,755,372 - --- - -- - -- ---- - - - - -- 48.07 $ - - - - --- - - - - - -- City of Seward FUND: 701 - Water Enterprise Fund Line Item Revenue Summary by Fund Through June, 50; of year has expired THROUGH JUNE - -- ----- -- -- --- - -- ---- ---- ---- ---- ----- ANNUAL Account Name 2010 Actual YTD ---- -- Budget g -- - -- ---- - - An Annual - - -- _ _ _________ 2011 Variance Budget of - -' - - -- ---------- Variance Budget Annual Bud EF Interest Reven 14,204 $ ______ - - -- -- - - Amortization of C 10,858 $ (3,346) $ 34,000 $ (23,142) $ -- --- 14,720 13,826 (893) 68,000 15-97 Residential Sales 186,356 194,225 13,827 27,653 50.00 SG Service 45,597 7,869 198,261 (4,036) 396,521 48.98 LG Service Sales 81,676 47,158 1,561 61,681 (14,523) 123,362 SMIC Sales 85,709 4,033 82,609 3,101 38.23 24,966 30,277 5,311 165,217 51.88 Indust. /Special C 72,857 82,919 33,044 (2,766) 66,087 45.81 Ship Water 15,639 15,318 91962 71,594 11,325 143,188 57.91 Misc. Operating R 43,553 33,355 (321) 44,058 (28,740) 88,115 17.38 (10,198) 30,250 60,500 _ - - 55.13 Total Revenue $ 499,668 $ 513,645 ---- $ - - - --- - ---- ___ 13,977 $ 569,322 $ (55,677) $ 1,138,643 45.11 a City of Seward FUND: 701 - Water Enterprise Fund Line Item Expenditure Summary by Fund Through June, 50% of year has expired THROUGH JUNE ANNUAL --- - -- ---------------------------------- ---- --- -- Actual. ---- ----- ---- YTD -- - - ---- --------------- Budget Annual % of Account Name 2010 2011 Variance Budget Variance --- -- ---- -- Budget -- - - - - -- Annual - - - - - Bud -- - ---------- -- - - -- ---- Salaries $ - - - - -- -- 73,827 $ -- - - - - -- 76,442 --- - --- -- ---- $ 2,615 $ - - - - -- 97,770 $ (21,328) $ 195,539 39.09 °s Overtime 6,258 7,693 1,435 2,043 5,650 4,085 188.31 Standby Time 4,024 4,390 366 4,884 (494) 9,768 44.94 Leave Time 8,503 8,747 2:44 11,762 (3,014) 23,523 37.19 In Lieu of FICA 658 - (658) 247 (247) 494 - Retirement Benefi 16,776 17,495 719 24,823 (7,328) 49,646 35.24 Health Insurance 15,714 19,793 4,079 30,640 (10,847) 61,279 32.30 Workers Comp 4,438 4,483 45 6,573 (2,090) 13,146 34.10 Medicare 1,103 - -- 1,203 - -- --- 99 - -- -- ---- 1,453 --- - - - - --- (250) --- - - - -- -- 2,905 -- - - -- 41.39 ---- Total Persnl Sery - -- --- 131,301 - 140,245 8,944 180,193 - (39,948) -- 360,385 - - - - - 38.92 -- Advertising 311 - (311) 500 (500) 1,000 - Subscriptions /Due 599 821 222 600 221 1,200 68.44 Travel /Subsistenc 2,228 746 (1,481) 3,300 (2,554) 6,600 11.31 Communications 3,556 3,417 (140) 4,000 (583) 8,000 42.71 Education /Trainin 1,319 1,193 (126) 3,050 (1,857) 6,100 19.55 Legal - - - 5,000 (51000) 10,000 - Utilities 40,486 88,085 47,600 81,500 6,585 163,000 54.04 Heating Fuel - - - 500 (500) 1,000 - Insurance 2,550 1,569 (981) 6,000 (4,431) 12,000 13.07 Maintenance & Rep 3,892 9,380 5,488 36,000 (26,620) 72,000 13.03 Contracted Servic 26,974 35,789 8,815 195,000 (159,211) 390,000 9.16 Operating Supplie 14,881 7,718 (7,163) 19,500 (11,782) 39,000 19.79 Gas & Lube 2,803 3,224 421 4,300 (1,076) 81600 37.49 Testing 2,993 2,476 (551.7) 7,000 (4,524) 14,000 17.68 Equip,Furn,Tools 6,429 2,377 (4,052) 6,000 (3,623) 12,000 19.81 Safety Equip /Supp 55 27 (28) 3,500 (3,473) 7,000 0.38 Inmate Meals 28 - (28) - - - - Postage /Misc.Frei 1,969 3,309 1,341 2,750 559 5,500 60.17 Equipment Rental - - - 3,500 (3,500) 7,000 - Motor Pool Rent - 2,000 2,000 - 2,000 - - Depreciation Expe 102,302 104,264 1,961 101,067 3,197 202,133 51.58 Bad Debt Expense - - - 1,000 (1 2,000 - Genl Govt Admin F 112,457 116,872 4,415 116,872 - 233,744 50.00 P.I.L.T_ 37,660 30,589 (7,071) 38,680 (8,091) 77,360 39.54 Reclass PILT to T (37,660) (30,589) 7,071 (38,680) 8,091 (77,360) (39.54) Bank,credit card 1,286 1,835 549 4,000 (2,165) 8,000 22.93 Misc. Expenses 803 136 (667) 750 (614) 1,500 9.04 Principal - - - 71,267 (71,267) 142,534 - Interest Expense - - - 23,301 (23,301) 46,602 - Infrastructure Cc 3,301 - (3,301) 20,000 (20,000) 40,000 Capital Equipment --- 29,581 - - - ---- ---- - - - - - -- (29,581) --- - -- -- - - - Total Expenses $ 492,103 $ 525,482 - $ 33,379 $ ---- -- - - -- 900,449 -- -- -- - -- $ (374,967) $ ---- - -- --- 1,800,898 - - - - 29.18 --- ANNUAL --------------- Annual City of Seward - - -- of Budget Annual Bud 26,200 FUND: 703 - Wastewater Enterprise Fund 215,657 50.67 Line Item Revenue Summary by Fund 116,753 48.36 Through June, 50% of year has expired 44,058 37.52 THROUGH JUNE 2,000 Account Name 2010 1,087,565 ---------------------------- Actual. YTD Budget - _ -____ ---------- ---- 2--- Variance Budget Variance EF Interest Reven $ 1,545 $ --- __________ - Spec Proj Revenue - 1,076 $ (469) $ 13,100 $ (12,024) $ Amortization of C 250,200 250,2:00 - 250,200 Residential Sales 107,829 109,266 1,437 107,829 1,438 SG Service 230,834 240,872 10,038 242,319 (1,446) LG Service Sales 53,936 56,465 2,528 58,377 (11911) SMIC Sales 92,321 96,248 3,927 99,130 (2,882) Misc. Operating R 25,429 16,530 (8,899) 22,029 (5,499) 72 -- --- a - -- ---- 683 - - ---- 21.1 11000 (317) Total Revenue $ 512,365 $ 771,340 --- - - - - -- $ 258,975 $ _________ 543,783 $ 227,558 $ ANNUAL --------------- Annual - - % - - -- of Budget Annual Bud 26,200 4.11 215,657 50.67 484,637 49.70 116,753 48.36 198,260 48.55 44,058 37.52 2,000 34.15 1,087,565 70.92 % e �� City of Seward FUND: 703 - Wastewater Enterprise Fund Line Item Expenditure Summary by Fund Through June, 50% of year has expired 1C�L� THROUGH JUNE ANNUAL --------------------- ------------------------------------ ------ Actual -------- -------- YTD -- - --- Budget Annual % of Account Name 2010 2011 variance --- Budget ----- -- variance - -- - -- - -- Budget --- - - -- --- Annual Bud - - - ---- ----- ----- -- - - - -- ---- Salaries $ - - - - -- -- 72,531 $ --- -- - -- 76,926 - -- - - - - -- $ 4,395 $ 71,671 $ 5,255 $ 143,342 53.67 Overtime 6,907 3,832 (3,075) 1,433 2,399 2,865 133.75 Standby Time 3,167 3,264 97 2,933 331 5,866 55.64 Leave Time 7,743 8,940 1,197 8,453 487 16,906 52.88 In Lieu of FICA 658 - (658) 247 (247) 494 - Retirement Benefi 16,651 17,136 485 17,888 (752) 35,776 47.90 Health Insurance 15,714 19,290 3,576 20,532 (1,242) 41,064 46.97 Workers Comp 4,464 4,350 (114) 8,213 (3,863) 16,425 26.48 Medicare 1,041 1,141 100• ---- 996 - - - - -- 145 -- - - - - --- 1,991 --- - - - - --- 57.30 - - -- - -- ---- Total Persnl Sery --- - -- --- 128,876 - --- --- 134,878 - -- - - ---- 6,002 132,365 2,514 264,729 50.95 Advertising - - - 250 (250) 500 - Subscriptions /Due 2,757 2,620 (137) 500 2,120 1,000 262.00 Travel /Subsistenc 722 564 (158) 1,500 (936) 3,000 18.80 Communications 2,429 2,390 (39') 3,000 (610) 6,000 39.83 Education /Trainin 60 89 2:9 2,000 (1,911) 4,000 2.23 Legal - - - 2,500 (2,500) 5,000 - utilities 51,545 62,371 10,82:6 52,500 9,871 105,000 59.40 Heating Fuel - - - 850 (850) 1,700 - Rents & Leases - - - 250 (250) 500 - Insurance 3,616 2,719 (99 4,250 (1,531) 8,500 31.99 Maintenance & Rep 30,333 2,749 (27,584) 40,500 (37,751) 81,000 3.39 Contracted Servic 78,155 45,276 (32,879) 41,500 3,776 83,000 54.55 Operating Supplie 9,458 4,096 (5,362) 8,250 (4,154) 16,500 24.82 Gas & Lube 3,499 3,509 10 3,875 (366) 7,750 45.27 Testing 5,655 6,215 560 9,250 (3,035) 18,500 33.59 Equip,Furn,TOOls 707 85 (621) 3,000 (2,915) 6,000 1.42 Safety Equip /Supp 130 150 20 600 (450) 1,200 12.53 Postage /Misc.Frei 934 1,257 323 2,600 (1,343) 5,200 24.17 Equipment Rental - - - 2,750 (2,750) 5,500 - Motor Pool Rent - 2,000 2,000 - 2,000 - - Depreciation Expe 138,304 148,347 10,042 136,397 11,950 272,794 54.38 Bad Debt Expense - - - 650 (650) 1,300 - Genl Govt Admin F 68,677 71,372 2,696 71,373 - 142,745 50.00 P.I.L.T. 32,239 26,719 (5,520) 30,960 (4,241) 61,920 43.15 Reclass PILT to T (32,239) (26,719) 5,520 (30,960) 4,241 (61,920) (43.15) Bank,credit card 1,570 2,204 634 4,000 (1,796) 8,000 27.55 Misc. Expenses 89 - (89) 500 (500) 1,000 - Principal - 29,133 29,133 29,637 (504) 59,274 49.15 Interest Expense - 8,300 8,300 1,364 6,936 2,727 304.36 Infrastructure Co - - - 10,000 (10,000) 20,000 - Capital Equipment - --- -- -- - -- 9,943 - -- --- -- -- 9,943 - -- - - - - -- - -- -- ------ 9,943 - -- - - - - -- - ---- - -- - -- - - -- -- -- Total Expenses $ 527,515 $ 540,269 $ 12,754 $ 566,210 $ (25,941) $ 1,132,419 47.71 % 1C�L� r 8/17/20113:52 PM Nand Richey