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Home My WebLink About11282011 City Council Packet Seward City Council Agenda Packet - - I I% "4 IIP ..- :�. 11 lik . i . s . , . • Happy Thanksgiving! November 24 2011 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska All-A CITY COUNCIL MEETING AGENDA °1 {Please silence all cellular phones and pagers during the meeting} g g} November 28, 2011 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be iven the Vice Mayor g first opportunity to speak. Time is Y limited to 2 minutes per speaker and 30 minutes total time for this Term Expires 2012 agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer 1. Seward Library designated a Star Library by Library Council Member Journal .Pg. 4 Term Expires 2013 2. Recognition of John Foutz on his recent designation as Certified Utility Manager Marianna Keil 3. Recognition of Dwayne Atwood on his recent designation g as Council Member Flood Plain Manager Pg. 7 Term Expires 2012 4. Recognition of Tom Smith for his service on the Seward City Council Ristine Casagranda 5. Recognition of Willard Dunham for his service as Mayor on the Council Member Seward City Council Terre Expires 2012 B. Chamber of Commerce Report C. City Manager's Report James Hunt D. Other Reports and Presentations City Manager 1. Presentation by the Friends of the Jesse Lee Home. Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda November 28, 2011 Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring A Public Hearing 1. Resolution 2011 -104, Authorizing The City Manager To Enter Into A Special Contract With Icicle Seafoods, Inc. For Discounted Electric Rates For Seward Fisheries Pg. 9 2. Resolution 2011 -105, Authorizing The City Manager To Enter Into A Special Contract With The Seward Association For The Advancement Of Marine Science (SAAMS) For Adjusted Electric Rates Pg. 16 B. Ordinances Requiring A Public Hearing 1. Ordinance 2011 -006, Revising Seward City Code Section 5.45.015 (Hotel /Motel Room Tax — Levy Of Tax), Eliminating All Exemptions From The Hotel /Motel Room Tax, Effective January 1, 2012 Pg. 24 8. NEW BUSINESS A. Resolutions 1. Resolution 2011 -106, Approving The City Of Seward's Calendar Year 2012 City Legislative Priorities Pg. 27 2. Resolution 2011 -107, Amending The City Of Seward's Calendar Year 2012 State Legislative Priorities .Pg. 32 *3. Resolution 2011 -108, Electing To Participate In The Alaska Municipal League Joint Insurance Association (AML /JIA) Loss Control Incentive Program For The City Of Seward For 2012 Pg. 37 4. Resolution 2011 -109, Authorizing A Contract Through December 31, 2012, With All Alaska News Unlimited, LLC For Display Advertising In The Seward Phoenix Log At A Reduced Rate Of $275.50 Per Week .... 40 B. Other New Business Items *1. Non objection to liquor license renewal for Gateway Liquor and Food Mart...Pg. 44 2. Discussion and direction on filing an objection to the liquor license renewal for Thorn's Showcase Lounge Pg. 47 3. Discussion and direction on changing Council's Order of Business to change the agenda item of "Citizens' Comments On Any Subject Except Those Items Scheduled For Public Hearing" from two minutes to three minutes. (Terry) P 58 4. Discussion and direction on purchasing wind energy from the Fire Island Wind Project from Chugach Electric Association Inc . Pg. 59 9. INFORMATIONAL ITEMS AND REPORTS 10. COUNCIL COMMENTS 11. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] City of Seward, Alaska Council Agenda November 28, 2011 Page 2 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda November 28, 2011 Page 3 t6 Corm 4 I s e. 'city MuSeJ� q� S WHEREAS, the Seward Community Library Museum was awarded a rating of five out of five stars and named a "Star Library" by the Library Journal Index of Public Library Service in its 2011 America's Star Libraries report; and WHEREAS, only 262 of the 7513 rated libraries were awarded "star" status, and only 35 of the 262 received a five -star rating; and WHEREAS, the Seward Community Library Museum was one of five libraries in Alaska rated as a five star library; and WHEREAS, the ratings are calculated based on four per- capita criteria, including library visits, circulation, program attendance and public Internet computer use; and WHEREAS, the Seward Community Library Museum was one of the top ten Star libraries nationwide when rated with other libraries whose expenses were within the same range; and WHEREAS, this marks the fourth consecutive year that the Seward Community Library Museum has received a five -star rating. NOW THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby congratulate the Seward Community Library Museum for its prestigious national recognition for excellence and for its continued commitment to our community. Dated this 28 day of November, 2011 David Seaward, Mayor fi t _ a l x . 1 i t 1 t t! a ° t � 4 ' :'' � ,t fi. �. �� : :1 € ; . $ [ .. � {. E �. t�( E a ' � � . :a. € '.. 1 z � €F.s, e z � � € f� `� t� a{ _::< $ ... ... t s a � x - t � $ . €5 2 # iF �E a a , r x � ; € € $ � € €4 � :' €: a= ? .: ,s: ' # t . ,t t. '€ 'I,.g . to �® . III a s CITY ' 4 • ' € O F SW � CERTIFICATE OF RECOGNITION t', d O GNITI ON ` , a Ej g PRA' H'� € ,, P � t €�E €'. >f ,, q ° . Y-E E . . (J-1 , 3 €, 4 pY i 2r �'tg Ea E �9 at Z t € :_ , ,, F or His Recent Designation As A Certified Utility Manager €# Congratulations On This Great Achievement And ' �- g d Thank. 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' ASSOCIATION OF srAm -,,--. ,,•,:,,,.- , ,..,,.,:... ... , , .,..._ ._,..:. ,..„.., . k. ' ( .. ... . . .. . ... , . . . . . ,.. .... , . .. ....,.. ..._. . , . ' - • ' - , FIA LAIN -...,;.,1•11 A.......sfEERs ..,:s,::.INC. ,, ........:., .c. . . .. . . •., . --,- 1 -7 - . , ., , , ._.., , ., , , , , , , , .,.. . . s ' ,: z , ..,,,,k P, ,., 2 ••.: :. - ,,. , - , -,- z•I , -- ..... CER111 CAn: , 0. Ni CLEM'S -.i,.-..:- . ,._ . ,... , .. ... ,.. ,..„, . , ... .,,... . ....... ..... ...„ , .... , .. ...... .,,:..::,,,,, ... ....... .._, .,.... . . .. ... _ , .. ...., .. . . ,,.:.... HEREBY CERTIFIES THAT PURSUANT TO THE PROVISIONS OF THE::CHARTER FOR THE .........., . _ . .. . , , ,... ERTIFIEDFLOOD,PLAIN MANAGER PROGRAM , -,- '. :•,. „ , , . _ . . . ' .. - _.- • - • - . - , : ,,. , , . .. ..... , . • ' : '.'........- ....I; .......,.:,,, .' ...' A twoo d , _. , ,.. .. :. • ... „ .,. 0 V • _ r:' . . ( . .:....,. — • •,.:',''.;.:.. ... --%•-- .-',.::=:-'-. •::.-.- Dwayne A wood, CFM ( IS DULY REGISTERED AS AN -- --,1 7 ( . iiSFPIK CERTIFIED FLOODPLAIN MANAGER ' , , ii, ,,:::::: IN TESTIMONY WHEREOF THIS CERTIFICATE HAS. BEEN ISSUED .BY' THE AUTHORITY OF THE .-:/ CERTIFICATION BOARD OF REGENTS, CERTIFICATE NO. US-11-06017, ISSUED 9/23/2011. THIS .4,-.. CERTIFICATE SHALL EXPIRE 1/31/2014, UNLESS RENEWED ACCORDING, TO THE RULES OF THIS BOARD. . . _ . .,,.' .--k• : - ( ( ... (-..••■•%r • 1 SF PA,„ :4-, --.' '-,.1•':-. "4., . .. -. --.. .. ) \ 1" ,,,,,-_;. M® CF .:.'-' - , :,,...,...„-,,_-_, , „.......,,,, y CERTIFICATIO : 1 ARD OF REGENTS ASSOCIATION OF STATE FLOODPLAIN MANAGERS . 4 0 T I PRESIDENT, THOMAS V. MOR,EY, CFM EXECUTIVE DIRECTOR, LARRY A. LARSON, P.E., CFM. \ ... 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FOR DISCOUNTED ELECTRIC RATES FOR SEWARD FISHERIES WHEREAS, Icicle Seafoods operates Seward Fisheries year -round and provides full -time employment in the City; and WHEREAS, job creation, job retention, and promotion of fishing and fish processing are important to residents and the City of Seward; and WHEREAS, economic stability of operations of Seward Fisheries is necessary to the region and residents of Seward; and WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and WHEREAS, the Utilities Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utilities Manager recommended that the City Council approve the special contract with Seward Fisheries based on current financial hardship resulting from growing competition from offshore fish processor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a Special Contract for Electric Rates ( "Contract ") in substantially the form presented at this meeting. Section 2. The Recitals stated above are incorporated herein by reference as findings of the City Council. Section 3. This resolution shall be effective immediately. The contract shall be effective January 1, 2012. 1 Council Agenda Statement Meeting Date: November 28, 2011 sFiy a To: City Council ,,, Through: James Hunt, City Manager 41 v P From: John Foutz, Electric Utility Manager Agenda Item: Special Contract with Icicle Seafoods, Inc. for Discounted Electrical Rates for Seward Fisheries BACKGROUND & JUSTIFICATION: The electric tariff industrial rate, as of January 1, 2010, was abolished. The electric tariff allows, "special contracts to be negotiated by the utilities manager with a customer that have demand in excess of 750 kilowatts (kW) or that have unique power requirements that cannot be reasonably addressed by the large general service tariff" Seward Fisheries' unique requirements include; year round employment for Seward residents, economic influx to the Seward area, seasonal demand in excess of 750 kW, and the importance of retaining a business in the community. Seward Fisheries claims that if they pay the `large general service' rate they will not be able to maintain their facility profitably and would be forced to close it. If that were to happen the impact on Seward would be negative with the loss of jobs, tax revenue and revenue to the city owned utilities as well as a potential loss of revenue to small local businesses. INTENT: To sign a special contract with Icicle Seafoods, Inc. for Seward Fisheries for a special electric rate lasting two years. 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 X (List Below) No Electric Rates & Charges: Page 2 -2: 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. FISCAL NOTE: In 2009 Seward Fisheries was charged a rate of $0.00574 per Kilowatt-hour for an energy charge and $10.25 per Kilowatt for a demand charge. The proposed rates are based on the previous special contract which expires in December 2011. The following suggested rates are calculated by charging 10% above the amount for 2011 and an additional 5% above the 2012 amount. The city council added a ten percent increase effective January 1, 2012 to all rates and a five percent increase effective January 1, 2013 to all rates. Ib The suggested rate in energy and demand for Seward Fisheries is $0.00891 /kWh and $12.86/kW respectively for 2012 and $0.00936 /kWh and $13.50 /kW for 2013. Any other charges or rates that may be applicable will follow the Large General Service rate class. The following table shows the 2011 rate as a basis per month, followed by the approximate amounts Seward Fisheries will pay in 2012 under the Large General Service or by Special Contract. Also included is the percentage over the 2011 rate. Signing Icicle Seafoods to a special contract will increase their electric bill by approximately 4.05% and an approximate dollar amount of $2,319.47 per month and $27,833.64 per year. If Icicle Seafoods pays the Large General Service rate the percentage increase would be 72.33% and an increase to annual revenue of $497,075.28. ICICLE SEAFOODS Note: July was the highest month Large General Special and the lowest month (207 kW and Current Service 2012 Contract 2012 82,800 kWh) was January for usage Jul -11 Estimated Monthly Bill Electric Operations & Infrastructure Fee $31.50 $36.39 $36.39 Energy charge (rate) $0.00810 $0.08987 $0.00891 Avg. cust kWh 517,500 310,500 * 517,500 $4,191.75 $27,904.64 $4,610.93 $0.05368 207,000 * $11,111.76 Energy charge $4,191.75 $39,016.40 $4,610.93 Fuel Charge (rate = $0.065908 @ 7/11) $0.065908 $34,107.39 $34,107.39 $34,107.39 Demand Charge (per kW) $11.69 $15.76 $12.86 Avg. Cust kW 1620 1620 1620 $18,937.80 $25,531.20 $20,833.20 Total Electric per month $57,268.44 $98,691.38 $59,587.91 Increase per month: $41,422.94 $2,319.47 Percentage overall increase: 72.33% _ 4.05% * based on average split; actual may vary Approved by Finance Department: ATTORNEY REVIEW: Yes XC No RECOMMENDATION: The City Council pass resolution 2011 - I , giving the City Manager authorization to enter into a special contract with Icicle Seafoods for special electric rates for the Seward Fisheries location. ICICLE SEAFOODS Note: July was the highest month and the lowest month (207 kW and Current Large General Service 2012 82,800 kWh) was January for usage Jul -11 Estimated Monthly Bill Electric Operations & Infrastructure Fee $31.50 $36.39 Energy charge (rate) $0.00810 $0.08987 Avg. cust kWh 517,500 310,500 * $4,191.75 $27,904.64 $0.05368 207,000 * $11,111.76 Energy charge $4,191.75 $39,016.40 Fuel Charge (rate = $0.065908 @ 7/11) $0.065908 # # # # # # ## $34,107.39 Demand Charge (per kW) $11.69 $15.76 Avg. Cust kW 1620 1620 # # # # # # ## $25,531.20 Total Electric per month # # # # # # ## $98,691.38 ( Increase per month: # # # # # # # ## Percentage overall increase: 72.33% * based on average split; actual may vary 1■ Special Contract 2012 Large General Service 2012 Large General Service 2012 Lowest Possible Highest Possible $36.39 $36.39 $0.00891 $0.08987 $36.39 517,500 0 * $0.08987 $4 ,6 1p.93 517,500 $0.00 $46,507.73 $0.05368 $0.05368 517,500 * 0* $27,779.40 $0.00 $4,610.93 $27,779.40 $34,107.39 $34,107.39 $46,507.73 $34,107.39 $12.86 $15.76 1620 1620 $15.76 $20,833.20 1620 $25,531.20 $25,531.20 $59,587.91 $87,454.38 $106,182.71 $2,319.47 $30,185.94 4.05% $48,914.27 52.71% 85.41% SPECIAL CONTRACT FOR ELECTRIC RATES This Special Contract for Electric Rates ( "Contract ") is between the City of Seward ( "City ") whose address is P.O. Box 167, Seward, Alaska 99664 and Icicle Seafoods whose address is 4019 21 Ave. W., Seattle, WA 98199. WHEREAS, Icicle Seafoods operates Seward Fisheries year -round and provides full -time employment in the City; and WHEREAS, job creation, job retention, and promotion of fishing and fish processing are important to residents of Seward; and WHEREAS, economic stability of operation of Seward Fisheries is necessary to the region and residents of Seward; and WHEREAS, except during a peak season in the summer, the actual demand for electric power is lower than 750 kW; and WHEREAS, the Utility Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utility Manager has recommended that the City Council recognize the unique power requirements of Seward Fisheries. The parties hereby agree as follows: Section 1 Effective Date and Term. This Contract shall become effective January 1, 2012, upon approval by the City Council for the City and execution by each party. This Contract shall remain in effect until December 31, 2013. Upon expiration or termination, Icicle Seafoods shall resume a Large General Class of Service for Seward Fisheries, as described in the City's tariff, without further action by the parties. Section 2. Rate Adjustment. Throughout the term of this Contract Icicle Seafoods shall be entitled to electrical rates and charges as described below: Rates stated in the City of Seward Electric Tariff applicable to Large General Service shall apply except as follows: Energy Charge: $0.00891 per kilowatt hour (kWh) effective from January 1, 2012 to December 31, 2012. $0.00936 per kilowatt hour (kWh) effective from January 1, 2013 to December 31, 2013. \Lk Demand Charge: $12.86 per kilowatt (kW) effective from January 1, 2012 to December 31, 2012. $13.50 per kilowatt (kW) effective from January 1, 2013 to December 31, 2013. The minimum Monthly Billing Demand shall be 750 kW. Rate changes established by Chugach Electric Association (CEA) through the Regulatory Commission of Alaska (RCA) shall be passed directly through to Icicle Seafoods without any markup trom the City. Section 3, Requirements, Icicle Seafoods represents that it currently faces financial difficulties and is looking for ways to reduce its costs while continuing to operate and maintain a unique and vital facility to the residents of Seward. It is expressly agreed and understood that the rate adjustments described in Section 2 of this agreement shall apply only to Seward Fisheries in Seward, Alaska and shall not apply to any other properties or operations of Icicle Seafoods. Section 4. Assignment. This Contract shall not be assigned. Section 5. Amendments. Any amendments, including extension of term, rate adjustments, or other provisions of this Contract, shall be agreed to in writing and signed by both parties following approval by the Seward City Council. Executed this day of , 2011. ICICLE SEAFOODS By: C1 /1/1 cE(c! w,QE - yJ ts: P ; e -side t MA it) AL _ CITY OF SE lA.D Recomm ed by: � Jat Tes Hunt John Foutz, J #i IV4tagel City Manager ATTEST: Johanna Kinney, CMC City Clerk 1�' Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2011 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SPECIAL CONTRACT WITH THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE (SAAMS) FOR ADJUSTED ELECTRIC RATES WHEREAS, SAAMS and the City are parties to the Amended and Restated Agreement for Lease Of Tract 2a, Waterfront Tracts And Adjacent Tidelands, And The Lease, Operation And Maintenance Of The Alaska SeaLife Center; and WHEREAS, SAAMS operates the Alaska SeaLife Center year -round and provides full -time employment in the City; and WHEREAS, job creation, job retention, and promotion of marine research and economic development are important to residents of Seward; and WHEREAS, economic stability of operation of the Alaska SeaLife Center is necessary to avoid requiring the City to assume operation of the facility; and WHEREAS, after starting on the industrial rate, SAAMS actual demand for electric power for the Alaska SeaLife Center site is not lower than 750 kW; and WHEREAS, the Utilities Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utilities Manager recommends that the City Council approve the special contract with SAAMS based on current financial hardships. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a Special Contract for Electric Rates ( "Contract ") in substantially the form presented at this meeting. Section 2. The Recitals stated above are incorporated herein by reference as findings of the City Council. Section 3. This resolution shall be effective immediately. The contract shall be effective January 1, 2012. �b Council Agenda Statement P l o se* Meeting Date: November 28, 2011 � .� 9 �a To: City Council 4 �A 1∎P Through: James Hunt, City Manager From: John Foutz, Electric Utility Manager Agenda Item: Special Contract with Seward Association for the Advancement of Marine Science for Discounted Electrical Rates for the SeaLife Center BACKGROUND & JUSTIFICATION: As of January 1, 2010, the City of Seward electrical tariff will no longer have an `Industrial Rate.' For SAAMSchanging to the higher `Large General Service' rate in a one year time period would be financially damaging. The electric tariff allows, "Special Contracts to be negotiated by the Utilities Manager with a customer that have demand in excess of 750 kilowatts (kW) or that have unique power requirements that cannot be reasonably addressed by the large general service tariff" In the case of Seward Association of the Advancement of Marine Science (SAAMS) these unique power requirements include a monthly demand in excess of 750 kW, full -time employment for Seward residents, economic stability for Seward, and the promotion of essential marine research. SAAMS financial stability relies on an electric rate which is comparably less than the larger General Service rate. SAAMS claims that if they pay the higher rate they could not maintain the SeaLife Center profitably, and may be forced to close. If the facility closes the impact would be great and would include higher unemployment rates, loss of revenues to the Seward area, less attraction to the area by visitors and the City of Seward would be forced to take over the facility. The special contract applies only to the SeaLife Center site, and not to any other operations of SAAMS. INTENT: To sign a special contract with SAAMS for a special electric rate for two years, giving them time to become more financially stable. 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) Electric Rates & Charges: Page 2 -2: 3. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customer that have a demand in excess of 750 kW or that have a unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. FISCAL NOTE: In April 2009 SAAMS started being charged a rate of $0.00574 per Kilowatt -hour for an energy charge and $10.25 per Kilowatt for a demand charge. The proposed rates are based on the 2011 t-1 special contract rate. The following proposed rates are calculated by charging 10% above the amount for 2011 and an additional 5% above the 2012 amount. The city council added a ten percent increase effective January 1,. 2012 to all rates and a five percent increase effective January 1, 2013 to all rates. The suggested rate in energy and demand for SAAMS is $0.00891/kWh and $12.86/kW respectively for 2012 and $0.00936/kWh and $13.50 /kW for 2013. Any other charges or rates that may be applicable will follow the Large General Service rate class. The following table shows the 2011 rate as a basis per month, followed by the approximate amounts SAAMS will pay in 2012 under the Large General Service or by Special Contract. Also included is the percentage over the 2011 rate. Signing SAAMS to a special contract will increase their electric bill by approximately 3.15% and an approximate dollar amount of $1356.06 per month and $16,272.72 per year. If the Sealife Center pays the Large General Service rate the percentage increase would be 78.00% and an increase to annual revenue of $402,962.04. SEALIFE CENTER Large General Special Current Service 2012 Contract 2012 Jul -I 1 Estimated Monthly Bill Electric Operations & Infrastructure Fee $31.50 $36.39 $36.39 Energy charge (rate) $0.00810 $0.08987 $0.00891 Avg. cust kWh 447,840 268,704 * 447,840 $3,627.50 $24,148.43 $3,990.25 $0.05368 179,136 * $9,616.02 Energy charge $3,627.50 $33,764.45 $3,990.25 Fuel Charge (rate = $0.065908 @ 7/11) $0.065908 $29,516.24 $29,516.24 $29,516.24 Demand Charge (per kW) $11.69 $15.76 $12.86 Avg. Cust kW 844.8 844.8 844.8 $9,875.71 $13,314.05 $10,864.13 Total Electric per month $43,050.95 $76,631.13 $44,407.01 Increase per month: $33,580.17 $1,356.06 Percentage overall increase: 78.00% 3.15% * based on average split; actual may vary Approved by Finance Department: Y ,u ATTORNEY REVIEW: Yes X No RECOMMENDATION: \g The City Council pass resolution 2011 - giving the City Manager authorization to enter into a special contract with Seward Association for the Advancement of Marine Science for special electric rates for the SeaLife Center facility. 1°i SEALIFE CENTER Current Large General Service 2012 Special Contract 2012 Large General Service 2012 Large General Service 2012 JuI -1 1 Estimated Lowest Possible Highest Possible Monthly Bill Electric Operations & Infrastructure Fee $31.50 $36.39 $36.39 $36.39 $36.39 Energy charge (rate) $0.00810 $0.08987 $0.00891 $0.08987 $0.08987 Avg. cult kWh 354,916 212,950 * 354,916 0 * 354,916 * $2,874.82 $19,137.78 $3,162.30 $0.00 $31,896.30 $0.05368 $0.05368 $0.05368 141,966 * 354,916 * 0 * $7,620.76 $19,051.89 $0.00 Energy charge $2,874.82 $26,758.54 $3,162.30 $19,051.89 $31,896.30 Fuel Charge (rate = $0.065908 rD 7/1 1) $0.065908 # # # # # # ## $23,391.80 $23,391.80 $23,391.80 $23,391.80 Demand Charge (per kW) $11.69 $15.76 $12.86 $15.76 $15.76 Avg. Cust kW 663.3 663.3 663.3 663.3 663.3 $7,753.98 $10,453.61 $8,530.04 $10,453.61 $10,453.61 Total Electric per month # # # # # # ## $60,640.34 $35,120.53 $52,933.69 $65,778.10 y) C� 'Increase per month: # # # # # # # ## $1,068.43 $18,881.59 $31,726.00 `Percentage overall increase: 78.08% 3.14% 55.45 % 93.17 * based on average split; actual may vary SPECIAL CONTRACT FOR ELECTRIC RATES This Special Contract for Electric Rates ( "Contract ") is between the City of Seward ( "City ") whose address is P.O. Box 167, Seward, Alaska 99664 and the Seward Association for the Advancement of Marine Science ( "SAAMS ") whose address is P.O. Box 1329, Seward, Alaska 99654. WHEREAS, SAAMS and the City are parties to the Amended and Restated Agreement for Lease Of Tract 2a, Waterfront Tracts And Adjacent Tidelands, And The Lease, Operation And Maintenance Of The Alaska SeaLife Center: and WHEREAS, SAAMS operates the Alaska SeaLife Center year -round and provides full -time employment in the City; and WHEREAS, job creation, job retention, and promotion of marine research and economic development are important to residents of Seward; and WHEREAS, economic stability of operation of the Alaska SeaLife Center is necessary to avoid requiring the City to assume operation of the facility; and WHEREAS, after starting the industrial rate, the actual demand for electric power is not lower than 750 kW; and WHEREAS, the Utilities Manager is authorized to negotiate a special contract, subject to approval by the City Council, for customers who have a demand in excess of 750kW or that have unique power requirements that cannot be reasonably addressed by the Large General service tariff; and WHEREAS, the Utilities Manager has recommended that the City Council recognize the unique power requirements of SAAMS for operating and maintaining the Alaska SeaLife Center for the City. The parties hereby agree as follows: Section 1. Effective Date and Term. This Contract shall become effective January 1, 2012, upon approval by the City Council for the City and execution by each party. This Contract shall remain in effect until December 31, 2013. Upon termination or expiration SAAMS shall resume a large general Class of Service, as described in the City's tariff, without further action by the parties. Section 2. Rate Adjustment. Throughout the term of this Contract SAAMS shall be entitled to electrical rates and charges as described below: dNl Rates stated in the City of Seward Electric Tariff applicable to Large General Service shall apply except as follows: Energy Charge: $0.00891 per kilowatt hour (kWh) effective from January 1, 2012 to December 31, 2012. $0.00936 per kilowatt hour (kWh) effective from January 1, 2013 to December 31, 2013. Demand Charge: $12.86 per kilowatt (kW) effective from January 1, 2012 to December 31, 2012. $13.50 per kilowatt (kW) effective from January 1, 2013 to December 31, 2013. The minimum Monthly Billing Demand shall be 750 kW. Rate changes established by Chugach Electric Association (CEA) through the Regulatory Commission of Alaska (RCA) shall be passed directly through to SAAMS without any markup from the City. Section 3. Requirements. SAAMS represents that it currently faces financial difficulties and is looking for ways to reduce its costs while continuing to operate and maintain the Alaska SeaLife Center to a standard that is comparable to other well- operated and well - maintained marine research facilities throughout the United States. It is expressly agreed and understood that the rate adjustments described in Section 2 of this agreement shall apply only to the Alaska SeaLife Center and shall not apply to any other properties or operations of SAAMS. Electric service is subject to interruption by the City when peak demand is in excess of what the City can generate. Section 4. Assignment. This Contract shall not be assigned. Section 5. Amendments. Any amendments, including extension of term, rate adjustments, or other provisions of this Contract, shall be agreed to in writing and signed by both parties following approval by the Seward City Council. Executed this ___ day of _ _ , 2011. S •- E - W . ARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE - Tara Riemer Jones` President and CEO CITY OF SC! \lq. D Recommended.. by: 41 Jd: :Fes Hunt Jdhh F outz, Ut►I►%y,M`4nagef/ City Manager ATTEST: Johanna Kinney, CMC City Clerk Sponsored by: Administration Introduction: November 14, 2011 Public Hearing: November 28, 2011 Enactment: November 28, 2011 CITY OF SEWARD, ALASKA ORDINANCE 2011 -006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING SEWARD CITY CODE SECTION 5.45.015 (HOTEL/MOTEL ROOM TAX - LEVY OF TAX), ELIMINATING ALL EXEMPTIONS FROM THE HOTEL/MOTEL ROOM TAX, EFFECTIVE JANUARY 1, 2011 WHEREAS, Initiative Ordinance No. 95- 01 -INIT was placed before the voters at the regular election in October, 1995, and was approved by a majority of the voters voting on the question, thereby establishing a 4% Hotel/Motel Room tax, and creating Seward City Code 5.45.015, which provides the authority for the imposition of a hotel/motel room tax; and WHEREAS, SCC 5.45.015 (b) currently provides for exemptions from payment of hotel/motel room tax on government, non - profit, and church organizations; and WHEREAS, the community of Seward does not receive sales tax or property tax revenues from government, non - profit and church organizations doing business within the community, and does provide substantial services which benefit these organizations; and WHEREAS, these organizations will continue to be exempt from real property taxes in Seward; and WHEREAS, the United States, the State of Alaska, and instrumentalities and political subdivisions of the State will continue to be exempt from the hotel/motel rent tax to the extent and in the manner required by State and federal law; and WHEREAS, it is the intent of the Seward City Council that churches and nonprofit organizations, who are exempt from real property taxes, do not receive an exemption from the hotel/motel room tax, in order to reduce the subsidies currently afforded organizations exempt from income taxation and to allocate a portion of the cost of City services to organizations enjoying the benefits of those services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 5.45.015 — Levy of Tax is amended as follows: Strikeout = Delete Bold = New CITY OF SEWARD, ALASKA ORDINANCE 2011 -006 (a-) There is hereby levied a tax on all hotel/motel rent • : - - ,- , • - - ` . ` = = = - - - - • :. equal to four percent of the • hotel/motel rent. (b) The following rent is exempt from the tax levied by subsection (a) of this section: b - - --- ._ ! - - - 1 _ . __ -•, manager. the city manager. Section 2. The effective date of the elimination of exemptions from the Hotel/Motel Room Tax is January 1, 2012. Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 28 day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) MEW COUNCIL AGENDA STATEMENT Meeting Date: November 14, 2011 A ar Se "i Through: James Hunt, City Manager \, From: Kristin Erchinger, Finance Director W it) 41 4ASM - Agenda Item: Elimination of Exemptions from Hotel/Motel Room Tax BACKGROUND & JUSTIFICATION: During the 2012/2013 budget process, the City administration was asked to consider alternative means to cut services and/or enhance revenues. One suggestion was to eliminate the exemptions from the hotel /motel room tax. This exemption currently applies to government entities (as required by federal law) and to 501(c) non - profit entities and churches organized as nonprofit corporations. A significant portion of the community's land is owned by tax - exempt entities such as government entities and non - profits. Therefore, a disproportionate share of the services provided by the local government are paid for by citizens, since as much as fifty percent of the property receiving City services is not taxable. This Ordinance will eliminate exemptions from the payment of hotel/motel tax, to the extent that these exemptions are not required by law. INTENT: The intent of this resolution is to require all tax - exempt organizations to contribute to the hotel/motel room tax, other than government entities for which the exemption is legally mandated. 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. ATTORNEY REVIEW: X Yes No FISCAL NOTE: This action will likely increase taxable hotel /motel room sales but the magnitude of potential increase is not known because hotel/motel room tax returns are not currently required to list whether a non - taxable sale is the result of a sale to a government or non - profit entity. Approved by Finance Department: RECOMMENDATION: OKI Ma Vl ( f.. Council approve Reoelution 2011- Ob(s authorizing the elimination of exemption from the hotel/motel room tax, subjecting non - profit entities to the payment of the City's hotel/motel bed tax. �,b Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2011 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CITY OF SEWARD'S CALENDAR YEAR 2012 CITY LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top state legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. This list of city projects is hereby declared to be the official city priority list for the City of Seward for calendar year 2012. A. BENEFICIAL LEGSISLATION 1. Support for the Friends of the Jesse Lee Home B. PUBLIC FACILITIES & INFRASTRUCTURE 1. $2 million for new water storage tank and distribution system 2. $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop 3. $15.7 million to construct a new Public Safety Building and Jail 4. $2 million for Fort Raymond Satellite Fire Station for the construction of a 100'x 80' metal building to house emergency response equipment, shelter supplies, a communication equipment room, and an area for a backup EOC 5. $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care �1 CITY OF SEWARD, ALASKA RESOLUTION 2011 -106 6. $229 thousand for hospital capital equipment 7. $600 thousand for wastewater infrastructure rehabilitation 8. $500 thousand to construct a new Animal Control Facility 9. $1 million for accomplishing levee maintenance and bed load removal in the Fourth of July Creek and providing better protection from flooding to the Spring Creek Correctional Center 10. $100 thousand for improving City ADA accessibility 11. $12.3 million for the Friends of the Jesse Lee Home for the restoration of the Jesse Lee Home as a statewide leadership school C. PORT, HARBOR, AND INDUSTRIAL AREA 1. $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings 2. $100.5 thousand for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, D floats 3. $600 thousand for replacing "D" Float in the Seward Small Boat Harbor 4. $3.6 million for engineering and installation T, U, V, W floats as the final phase of East Harbor expansion 5. $200 thousand for facility security improvements to the Seward Marine Industrial Center North Dock to be in compliance with Homeland Security Facility Requirements outlined in 33 FR part 105 6. $575 thousand for building a Handicap Accessible Fish Cleaning Station in the Northeast Launch Ramp Area of the Seward Small Boat Harbor 7. $250 thousand for paving and improving drainage in the northeast parking lot of the Seward Small Boat Harbor 8. $450 thousand for paving the road and parking lot on the South Seward Small Boat Harbor Uplands area 9. $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center 10. $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the R/V Sikuliaq 11. $1.7 million for doubling the capacity of the ship lift (syncrolift) and improving dock capabilities at the Seward Marine Industrial Center 12. $15 million for expanding the Alaska Railroad freight dock 13. $175 thousand for completing construction of an ADA Boardwalk in the Small Boat Harbor from Port Avenue to the end of the South Harbor Uplands 14. $25 thousand to upgrade the Harbor Security Camera System 15. $4.5 million for completing sheet piling and adding moorage along the north side of the Seward Small Boat Harbor 16. $150 thousand to improve public restrooms in the Seward Small Boat Harbor CITY OF SEWARD, ALASKA RESOLUTION 2011 -106 17. $500 thousand for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal 18. $2 million for building a new water storage tank and distribution system that will establish the excess capacity that is necessary to provide water and improved fire protection to cruise ships (this funding will match approximately $2.5 million from stimulus funding and low- interest loans) 19. $275 thousand to prevent erosion that threatens a U.S. Coast Guard communication tower that transmits emergency communications to cruise ships and other marine vessels D. ELECTRIC 1. $12 million for upgrading the transmission line to 115KV in Seward to reduce line loss while improving efficiency and reliability of power distribution throughout the service area 2. $300 thousand for installing automatic electrical metering equipment to improve customer service, outage management, and load management 3. $85 thousand for establishing redundant capabilities for providing electrical power during emergencies to the downtown and hospital area of Seward E. ROADS AND STREETS 1. $100 thousand for improving City ADA accessibility 2. $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems 3. $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area) F. STUDIES AND PLANS 1. $2 million appropriation to the Army Corps of Engineers for reconnaissance and initiation of a feasibility study for flood risk reduction at Lowell Creek in Seward 2. $60 thousand for studying the feasibility of a hydro - electric plant to produce renewable energy in Seward 3. $150,000 for a comprehensive flood master plan 4. $100,000 for a land study for City bench property 5. $150,000 for coastal beach erosion master plan 6. $100,000 for water and storm water master plan 7. $100,000 for road and infrastructure study of undeveloped city property) .°, CITY OF SEWARD, ALASKA RESOLUTION 2011 -106 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 28`" day of November, 2011. TIIE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement e se A d b Meeting Date: November 28, 2011 ' 4' qS,"P From: Jim Hunt, City Manager Agenda Item: Calendar Year 2012 City Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top State and Federal legislative priorities. The list of projects is compiled into a package that is then distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough, and our lobbyists. This prioritized list validates the projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolution through State government. This year we have also compiled a list of projects that are in the planning phase and /or may qualify for grants. In order to quality for most grants, the City must include these projects on the City priority list. Many of these projects are also on the State and Federal priority list. The items excluded on the State and Federal priority list will, most likely, be added as the planning phase develops and broadens. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from State and Federal levels of government to improve the City of Seward. To qualify for most appropriations and grants, the list of City priorities must be approved in a public process by the City Council. 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. ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2011 -106, approving the City of Seward's Calendar Year 2012 City Priorities. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2011 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD'S CALENDAR YEAR 2012 STATE LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top state legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans; and WHEREAS, this resolution is an amendment of the City of Seward 2012 State Legislative Priorities established in Resolution 2011 -083. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following list of legislative projects is hereby declared to be the official amended legislative priority list of the City of Seward for the 2012 State of Alaska legislative session: 1. STATE FUNDED PROJECTS A. PUBLIC FACILITIES (1) $575,000 to refurbish the Lowell Canyon 400,000 gallon water tank. (2) $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop (City will provide land for the new building). (3) $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care (City provides $500 thousand annually for hospital financing of capital improvements). (4) $500,000 for Alaska SeaLife Center building system replacement, to replace core 3a CITY OF SEWARD, ALASKA RESOLUTION 2011 -107 building control and security systems. (5) $250,000 for Alaska SeaLife Center Ozonation system replacement. B. PORT, HARBOR, AND INDUSTRIAL AREA (1) $52.75 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, and barge landings for the Coastal Villages Fishing Fleet move from Seattle to Alaska. (2) Full funding ($23 Million) for the State of Alaska, Department of Transportation and Public Facilities, Municipal Harbor Grant Program to provide ($1.1 million) matching funds to replace "D" Float in the Seward Small Boat Harbor. (3) $101,000 for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, and S Floats. (4) $500,000 to pave the apron and add a wash down pad at the 50 ton travel lift. (5) $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center. (6) $4.5 million for adding moorage (T, U, and V floats) along the north side of the Seward Small Boat Harbor. (7) $1.7 million for doubling the railway capacity of the ship lift (syncrolift) and associated upland improvements to meet new requirements for repair work on Coast Guard vessels at the Seward Marine Industrial Center. (8) $100,000 for a card -lock crane at the travel lift dock. C. ELECTRIC (1) $1.5 million to repair and replace one mile of transmission line into the Fort Raymond Substation with 115kV compatible equipment (this is a project supported by the Alaska Railbelt Cooperative Transmission and Electric Company — ARCTEC — because the current condition of the transmission line exceeds the estimated life expectancy of 50- years). (2) $17 million for upgrading the transmission line to 115KV in Seward (and upgrading transformers and other equipment for the higher voltage) to reduce line loss while improving efficiency and reliability of power distribution throughout the service area. (3) $450,000 for installing automatic electrical metering equipment to improve customer service, outage management, and load management (the City will provide a 100% match of $450,000 to complete the project). (4) $85,000 for establishing improvements to redundant capabilities for providing electrical power during emergencies, such as a tsunami, to the downtown and hospital area of Seward (the City will provide a 100% match of $85,000 for the proj ect). CITY OF SEWARD, ALASKA RESOLUTION 2011 -107 D. ROADS, STREETS, AND ADA ACCESIBILITY (1) $100,000 for improving City ADA accessibility. (2) $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems. (3) $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area). E. PUBLIC SAFETY (1) $6 million for a replacement Seward Fire Station (City will provide a match of land). (2) $25 million for a replacement Public Safety Building for Courthouse, Jail and Police and State agencies enforcement headquarters (City will provide a match of land). (3) $450,000 for a rescue truck. 2. CRUISE SHIP HEAD TAX OR CRUISE SHIP GAMBLING TAX (1) $200,000 to continue the seasonal shuttle bus for cruise ship passengers. (2) $1.31 million for Seward Dock Enhancements: Includes $450,000 for a cruise ship baggage conveyor system, $360,000 a covered walkway at the Train Station, $150,000 for a second mooring bollard to accommodate a second cruise ship and $200,000 for extending the dock security lighting. (3) $300,000 for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal. (4) $220,000 for West Dock Maintenance and Repair. Includes repair of piles with severe corrosion for $100,000, repair of the cathodic protection system for $50 thousand, repair of sewer system $30,000, $15,000 for camel and fender repairs and miscellaneous repairs $25,000). (5) $500,000 for building and parking upgrades to the Lindsey Intermodal Facility. (6) $75,000 for Seward Emergency Services operational response to cruise ship passengers and cruise ship emergencies. 3. STATEWIDE PROJECTS (1) $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the R/V Sikuliaq. (2) $155,000 in the Department of Corrections Operating Budget to add an emergency wastewater bypass (with valves and piping) to keep the Spring Creek Correctional Facility sewage system operational in the event of a system failure. (3) $300,000 to improve the access to the Seward Airport across the railroad tracks. (4) $9.6 million for Phase 1 of the East Dock Extension: 300 feet to improve access for c'7)A CITY OF SEWARD, ALASKA RESOLUTION 2011 -107 cruise ships. Phase 2 would include an additional 200 feet extension for $6.4 million. 4. BENEFICIAL LEGISLATION (1) Support for the Friends of the Jesse Lee Home. (1 ".2.) Support the passage of House Bill 184 reallocating the fish tax to provide a greater share to local municipal governments. (.,---.)(3 )Legislative support for increased cash infusion into PERS /TRS retirement system in order to offset unfunded retirement system liabilities, to make future contribution rates more affordable for the State and local governments. ? (4iAppropriation for upgrading Seward Highway (MP 18 -25.5) in the State Transportation Improvement Program (STIP). )Appropriation for upgrading Seward Highway (MP 25.5 -36) in the STIP. «f Appropriation for upgrading the Sterling Highway (MP 45 -60) in the STIP. , 40( - 1) Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels. r 8)Return of service to Seward by the State Ferry Tustumena. Alternative Energy Programs that encourage and fund participation by the City and its electrical utility customers. 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 28 day of November, 2011. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk, CMC (City Seal) Council Agenda Statement of Sess. Meeting Date: November 28, 2011 >' From: Johanna Kinney, City Clerk 414 Agenda Item: Calendar Year 2012 State Legislative Priorities BACKGROUND & JUSTIFICATION: At a special meeting on November 2, 2011, City Council approved Resolution 2011 -083, which established the City of Seward's 2012 State Legislative Priorities. After discussion during the November 14, 2011 regular council meeting, council gave direction to staff to bring forward an amending resolution to include support for the Friends of the Jesse Lee Home under the section, "Beneficial Legislation." This resolution encompasses this direction. Administration annually compiles a list of projects and legislation for consideration as our state legislative priorities. After validation of the list through a public process, and approval by the City Council, the list is given to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. These priorities focus the efforts of Administration and the City Council in our lobbying efforts as we seek funding or other resolution through State government. Frequently, the list of projects and legislation is updated at the beginning of the legislative session. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State of Alaska to improve the City of Seward. To qualify for most appropriations and grants, the list of State priorities must be approved in a public process by the City Council. CONSISTENCY CHECKLIST Where applicable, this resolution is consistent with guidance and directives in the Seward City Code, City Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and the City Council Rules of Procedures. ATTORNEY REVIEW: Yes No X RECOMMENDATION Council discuss and vote on Resolution 2011 -107, amending the City of Seward's Calendar Year 2012 State Priorities. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2011 -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ELECTING TO PARTICIPATE IN THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION (AML /JIA) LOSS CONTROL INCENTIVE PROGRAM FOR THE CITY OF SEWARD FOR 2012 WHEREAS, the City of Seward is a member of the Alaska Municipal League Joint Insurance Association (hereinafter "AMLJIA "); and WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward; and WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide; and WHEREAS, the AMLJIA will provide all written program material necessary, and offer assistance to participants; and WHEREAS, pool members that participate in the Loss Control Incentive Program and complete the required activities, will have the opportunity to earn a discount on their contribution; and WHEREAS, it is the City of Seward's policy to provide a safe environment for its elected officials, employees, citizens, and the visiting public; and WHEREAS, the Loss Control Incentive Program will enhance such an environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA Section 1. The Seward City Council elects to participate in the AML /JIA Loss Control Program for the 2012 policy year. 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 28 day of November, 2011. 31 Council Agenda Statement lin 4 Ofr SFt Meeting Date: November 28, 2011 4 s� a ' To: James Hunt, City Manager From: Sarah Spanos, Personnel Officer Agenda Item: Participating in the AMLJIA Loss Control Incentive Program BACKGROUND & JUSTIFICATION: The City of Seward is a member of the Alaska Municipal League Joint Insurance Association (AMLJIA). AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward. AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide. AMLJIA will provide all written program material necessary and offer assistance to participants. Pool members that participate in the Loss Control Incentive Program and complete the required activities will have the opportunity to earn a discount of up to Five Percent (5 %) on our contribution. In 2010 the City participated in the Loss Control Program and was awarded approximately $14,795 and in 2011 was awarded $18,112 which has been dedicated to lowering our annual premium and purchasing safety supplies. In 2012, we would like to continue these efforts. It is the City of Seward's policy to provide a safe environment for its elected officials, employees, citizens, and the visiting public. In order to qualify for this Loss Control Incentive Program the City must do the following: 1. Provide tracking logs to document all safety activities. 2. Pass a resolution annually electing to participate in this program. 3. Provide reports and inspections timely and on a semiannual basis. 4. Engage an active Safety Committee to include agendas, notes, specific topics and minutes. 5. Provide model safety plans and training. The City has been actively engaged to complete the above requirement to continue to qualify for this Program. INTENT: To pass a resolution to participate in the AMLJIA Loss Control Incentive Program for 2012. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: There is no financial cost for this program Approved by Finance Department: , / .1 J,/. e. RECOMMENDATION: Council approves Resolution 2011- I n and authorizing the City Manager to participate in the AMLJIA Loss Control Incentive Program. Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2011 -109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT THROUGH DECEMBER 31, 2012, WITH ALL ALASKA NEWS UNLIMITED, LLC FOR DISPLAY ADVERTISING IN THE SEWARD PHOENIX LOG AT A REDUCED RATE OF $275.50 PER WEEK WHEREAS, the City Clerk's Office produces, on a weekly basis, display advertisements announcing City of Seward meetings which are required by law; and WHEREAS, these ads are usually produced in the Seward Phoenix Log under the section known as the "City Calendar "; and WHEREAS, the City's contract for advertising expires every December; and WHEREAS, the Seward Phoenix Log has provided advertising services in the past and has given the City a huge measure of flexibility in meeting deadlines in order to guarantee that advertising occurs during established code - required, and Alaska Open Meeting Law time frames; and WIIEREAS, quotes were requested in October by the City Clerk's Office and received by the Seward Phoenix Log, the Seward Journal, and the Anchorage Daily News by November 4, 2011; and WHEREAS, All Alaska News Unlimited, LLC —The Seward Phoenix Log submitted the lowest quote at $9.00 per column inch which equates to $270.00, plus a $5.50 fee for the city's required affidavit of publication; and WHEREAS, it is required by charter and code and in the public interest to publish the bulk of the City's ads in a newspaper of general circulation. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to sign an advertiser's agreement with All Alaska News Unlimited, LLC — The Seward Phoenix Log for a flat rate of $275.50 per week for the period January 1, 2012, through December 31, 2012, with funding taken from advertising account 101- 1110 -5120. Section 2. This resolution shall take effect immediately upon its adoption. L\V Agenda Statement Meeting Date: November 28, 2011 r4OF seise o From: Johanna Kinney, City Clerk •., Ap 4 �ASIW Agenda Item: Annual contract for advertising with All Alaska NIP News Unlimited, LLC BACKGROUND & JUSTIFICATION: Per our city code, the city must advertise in a paper of local circulation, or "newspaper of the city." All Alaska News Unlimited, LLC also offers optimal flexibility for submission with our deadlines and code requirements, plus provides the city with a mailed copy of the notarized proof of publication it needs. In late October, the City Clerk's Office requested quotes from newspapers that circulate in the City of Seward — the Seward Phoenix Log, the Seward Journal, and the Anchorage Daily News. All Alaska News Unlimited, LLC — The Seward Phoenix Log submitted the lowest quote of $9 column inch, which equates to $270.00 per week, plus a $5.50 notarized affidavit of publication (which is legally required). This is a decrease in the fee currently charged by the Seward Phoenix Log, and per approval of the 2012 -2013 budget, is budgeted for this purpose. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: No FISCAL NOTE: The estimated annual rate for the city calendar is now $15,428 and is charged from Mayor /Council account 101 -1110 -5120. Per approval of Resolution 2011 -094, this amount will be incorporated into the 2012 and 2013 biennial budg- . Finance _.I / ' 00 . 114» /t RECOMMENDATION: 0 Council approve Resolution 2011- , and authorize the City to sign a contract with All Alaska News Unlimited, LLC for the period January 1, 2012 through December 31, 2012 at a rate of $9.00 per column inch (pci) plus $5.50 affidavit charge for the city calendar ad. Nov. 4, 2011 Seward City Clerk City of Seward. Alaska As the long- standing newspaper of record in the City of Seward, we are pleased to provide this quote for the advertising of the City Calendar during the year 2012. Additionally we offer more as part of a package. For the display advertising placed by the City Clerk, such as the weekly City Calendar, the cost per column inch (one column wide by one inch tall) would be $9. The ad cost of the half page calendar ad would be $270 per week. The deadline for the content for the City Calendar ad will be 5 p.m. each Tuesday the week of publication. If The LOG needs to print at an earlier time (Thanksgiving week for instance) the deadline will change. At least one week's notice will be provided on these occasions. This same $9 /c.i. rate would apply to any display ads placed by the City Clerk. Ads other than the City Calendar must be placed by noon Monday the week of publication. Public Notices placed by the Seward City Clerk's office will be discounted 25% from the open rate of $2.25 per line. Affidavits of publication will be provided by the publisher for each unique advertisement at a cost of $5.50 per affidavit. Lastly, to further the City of Seward exposure on the internet, a small (310 x 150 pixel) web ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the duration of this agreement at no additional charge. The content of the ad will be provided by the City Clerk and can be changed as needed, no more often than weekly. The ad will link to a URL of the City's choice. Thank you for the opportunity to provide this quote. The LOG looks forward to continuing to publish advertising for the City of Seward. Regards, /Y — Annette Shacklett Publisher ALL ALASKA NEWS UNLIMITED, LLC dba dba PhThiiiiiix LOG Tundra DRUMS P.O. Box 103, Seward, AK 99664 907 - 224 -4888 • circulation @)TheSewardPhoenixLOG.com ADVERTISING AGREEMENT This agreement is between All Alaska News Unlimited (AANU) dba The Seward Phoenix LOG and the City of Seward, Clerk's Office hereinafter referred to as the "Advertiser." The Advertiser agrees to advertise in products of AANU, as described below, for a period of twelve months from the effective date of this advertising agreement. • TYPE RATE ❑Volume Agreement $ per year $ • Periodic Agreement • Weekly $9 per column inch ❑ Every Other Week ($270 per half page) ❑ Monthly Any ads placed by City Clerk • Other. Describe: Public Notices placed by the Seward City Clerk's office will be discounted 25 %. Affidavits of publication will be provided by the publisher for each unique advertisement at a cost of $5.50 per af- fidavit. A 310 x 150 pixel ad for The City of Seward will be placed on The Seward Phoenix LOG website and run for the dura- tion of this agreement at no additional charge. The content of the ad will be provided by the city clerk and can be changed as needed, no more often than weekly. The ad will link to a URL of the City's choice. Describe any other contingencies: The Seward City Clerk will submit content for the weekly City Calendar by 5 p.m. each Tuesday the week of publi- cation. If The LOG needs to print at an earlier time (Thanksgiving week, for instance) the deadline will change. At least one week's notice will be provided on these occasions. Ads other than the City Calendar must be placed by noon Monday the week of publication. First Advertisment Runs (Effective Date): January 5, 2012 AANU agrees to not increase the rates during the term of this agreement unless printing costs increase more than 15 percent, If AANU increases rates Advertiser will receive 30 days notice of such increase and will have the option to modify Advertisers commitment level or cancel the contract without penalty to Advertiser. Except for those rate adjustments listed above, AANU will not increase rates to Advertiser during the term of this agreement. If Advertiser runs more advertising than committed, then Advertiser may be eligible for a rebate for all advertising placed during the term of this contract. The rebate will be determined by recalculating Advertiser's billing at the rate that would have applied had advertiser signed for the volume actually ran. Any rebate earned will be issued in the form of a credit to the advertiser's bill, but in no case will the resulting credit reduce Advertiser's actual dollar volume below the minimum level for that commitment. If Advertiser does not complete the commitment, for any reason, then ANUU reserves the right to recalculate Advertisers bill based on the actual volume achieved and to increase Advertiser's bill (short rate). In recognition of this agreement, the parties affix their signatures as follows: Advertiser Signiture Print Name AANU Signiture Print Name Copies to: Advertiser, Sales Representative and Publisher ALL ALASKA NEWS UNLIMITED, LLC dba The Seward .. _ P.O. Box 103, Seward, AK 99664 . . . . .. . . ., \ , ., 907-224-4888 :! x : . „ , . . . „ : . advertising @TheSewardPhoenixLOG.com 1 r► AGENDA STATEMENT w Meeting Date: November 14, 2011 :y pF sF 911 ■ From: Johanna Kinney, City Clerk , Agenda Item: Non - objection to the Liquor License application 41 450 for Gateway Liquor and Food Mart BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license application for Gateway Liquor and Food Mart. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Package Store Liquor License application for Gateway Liquor and Food Mart. MEMORANDUM ' C of SF�, Date: November 14, 2011 9 � ' y n To: Michelle Endresen, Finance — Leases 414.A-sr; Kali Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Kinney, City Clerk . Subj: Verifying Compliance for the application of liquor license for Gateway Liquor and Food Mart. The following business has applied for a renewal of their package store liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Gateway Liquor & Food Mart #2683 Package Store Finance/Leases Finance/Utilities Police Chief <? Fire Chief 1_� KENAI PENINSULA BOROUGH 143 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us `''• •�''°"`+ JOHNI BLANKENSHIP BOROUGH CLERK November 17, 2011 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non- Objection of License Renewal Business Name Gateway Liquor & Food Mart License Type ▪ Package Store License Location ▪ City of Seward License No. • 2683 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk JB /klr cc: Applicant City of Seward KPB Finance Department File ("\b AGENDA STATEMENT Meeting Date: November 28, 2011 40F SE 90 � a1 From: Johanna Kinney, City Clerk = Agenda Item: Discussion and direction on fi ing an objection 4 Sr• P to the liquor license renewal for Thorn's Showcase Lounge. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Thorn's Showcase Lounge. While the City of Seward Police Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business, the Fire Department does. The attached memorandum from Fire Chief David Squires states Thorn's Showcase Lounge is not in compliance with the adopted Fire Code. Several of the violations have "a significant impact to the safety of the occupants of the building and the structure itself." According to Alaska State Statute 04.11.480, a local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing the application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510(b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, and unreasonable. In addition to the right to protest, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing body's determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as described under AS 04.11.510(c). Alaska Statute, Sec. 04.11.330. Denial of license or permit renewal. (a) An application requesting renewal of a license shall be denied if (1) the board finds, after review of all relevant information, that renewal of the license would not be in the best interests of the public Alaska Statute, Sec. 04.11.370. Suspension and revocation of licenses and permits. (a) A license or permit shall be suspended or revoked if the board finds (6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state; FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Give formal (voting) direction if the local governing body intends to object to the liquor license renewal for Thorn's Showcase Lounge. MEMORANDUM e { or SFw Date: No vember 14, 2011 0 ;7 To: Michelle Endresen, Finance — Leases 4cASt‘P Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Kinney, City Clerk Subj: Verifying Compliance for the renewal of liquor license for Thorn's Showcase Lounge. The following business has applied for renewal of liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Thorn's Showcase Lounge Beverage Dispensary License #1130 Finance/Leases t Finance/Utilities %- f_ Police Chief IC -�'` Fire Chief y\ of sets, 4 LASKP Memo To: Johanna Kinney, City Cle From: David Squires, Fire Chief . Date: November 16, 2011 Re: Renewal of Liquor License for Thorn's Showcase Lounge The purpose of this memo is to inform you that Thom's Showcase Lounge is not in compliance with the adopted Fire Code. Several of the violations have a significant impact to the safety of the occupants of the building and the structure itself. Until the violations are corrected, I cannot sign off on the renewal. Sc ,k KENA/ PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • F AX: (907) 714 -238 ( ) ( ) 8 Toll -free within the Borough: 1- 800 - 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us cZY JOHN! BLANKENSHIP BOROUGH CLERK November 17, 2011 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name Thorn's Showcase Lounge License Type Beverage Dispensary License Location City of Seward License No. • 1130 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB /kir cc: Applicant City of Seward KPB Finance Department File Johanna Kinney From: Lambert, Christine C (DPS) <christine.lambert @alaska.gov> Sent: Thursday, October 27, 2011 10:36 AM To: jjohnson @ci.homer.ak; kachemak @xyz.net; kring @borough.kenai.ak.us; cityclerk @cityofseldovia.com; Johanna Kinney; cityclerk @ci.soldotna.ak.us Subject: October Liquor License Renewals Processed Attachments: KPB 10- 27- 11.doc I attach notice of the liquor license renewal applications received and processed by the ABC Board. If you have questions or comments, please feel free to contact me. Thank you, Chris OhriztinR C. 1.9ambgrt Licensing & Records Supervisor fi3C Board (907) 269 -0359 phone (907) 272 -9412 fax Spam Not spam Forget previous vote HOMER Type: Restaurant /Eating Place Lic #: 3210 DBA Name: Cafe Cups Premise Address: 162 W Pioneer Ave. Owner: Bivalves Inc Mailing Address: 162 W Pioneer Ave, Homer 99603 Type: Winery Lic #: 4506 DBA Name: Ring of Fire Meadery Premise Address: 178 E Bunnell Ave. Owner: Alaska Meads LLC Mailing Address: 178 E Bunnell Ave, Homer 99603 KACHEMAK Type: Winery Lic #: 4374 DBA Name: Bear Creek Winery Premise Address: 60203 Bear Creek Road Owner: Bear Creek Winery LLC Mailing Address: PO Box 164, Homer 99603 KENAI Type: Beverage Dispensary - Tourism Lic #: 1859 DBA Name: Uptown Motel /Louie's Premise Address: 47 Spur View Drive Owner: Schilling Alaska Inc Mailing Address: 47 Spur View Drive, Kenai 99611 Type: Beverage Dispensary — Tourism Duplicate Lic #: 2237 DBA Name: Uptown Motel /Back Door Lounge Premise Address: 47 Spur View Drive Owner: Schilling Alaska Inc Mailing Address: 47 Spur View Dr., Kenai 99611 53 Type: Restaurant/Eating Place — Public Convenience Lic #: 4740 DBA Name: Acapulco Mexican Restaurant Premise Address: 10672 Kenai Spur Hwy. Ste 108 Owner: Hector Santana Mailing Address: 10672 Kenai Spur Hwy, Ste. 108, Kenai 99611 Type: Package Store Lic #: 4878 DBA Name: Wal -Mart Supercenter #4474 Premise Address: 10096 Kenai Spur Hwy. Owner: Wal -Mart Stores Inc. Mailing Address: 702 SW 8` Street Dept 8916, Bentonville, AR 72716 OUTSIDE CITY LIMITS Type: Beverage Dispensary Lic #: 407 DBA Name: 4 Lands Bar & Liquor Premise Address: 54728 Industrial Ave Kenai Spur Road Owner: Bar R & R Corp. Mailing Address: PO Box 8583, Nikiski 99635 Type: Package Store Lic #: 408 DBA Name: 4 Lands Bar & Liquor Premise Address: 54728 Industrial Ave Kenai Spur Road Owner: Bar R & R Corp. Mailing Address: PO Box 8583, Nikiski 99635 Type: Beverage Dispensary - Tourism Lic #: 2147 DBA Name: The Duck Inn Premise Address: 43187 K -Beach Road Owner: Rosin Investments, Inc. Mailing Address: 395 Endicott Drive, Soldotna 99669 Type: Restaurant/Eating Place - Seasonal Lic #: 3647 DBA Name: Kenai Fjords Wilderness Lodge Premise Address: Fox Island Owner: CIRI Alaska Tourism Corporation Mailing Address: 2525 C Street, Ste. 405, Anchorage 99503 Type: Beverage Dispensary Tourism - Seasonal Lic #: 3823 DBA Name: Resurrection Roadhouse Premise Address: Mile .7 Exit Glacier Road Owner: CIRI Alaska Tourism Corporation Mailing Address: 2525 C Street, Ste. 405, Anchorage 99503 Type: Restaurant/Eating Place — Public Convenience Lic #: 4782 DBA Name: Kingfisher Roadhouse Premise Address: 19503 Sterling Hwy. Owner: Kingfisher Roadhouse LLC Mailing Address: PO Box 538, Cooper Landing 99572 SELDOVIA Type: Restaurant /Eating Place — Public Convenience Lic #: 4391 DBA Name: Tide Pool Cafe Premise Address: 267 Main Street Owner: Matthew F. Gallien Mailing Address: PO Box 30, Seldovia 99663 SEWARD Type: Beverage Dispensary Lic #: 1130 DBA Name: Thorn's Showcase Lounge , Premise Address: 208 Fourth Ave. Owner: Thorn's Showcase Lounge LLC Mailing Address: PO Box 1261, Seward 99664 Type: Package Store Lic #: 2683 DBA Name: Gateway Liquor & Food Mart Premise Address: 1400 B Third Ave. Owner: Harbor Gateway Inc Mailing Address: PO Box 944, Seward 99664 SOLDOTNA Type: Restaurant /Eating Place Lic #: 418 DBA Name: Buckets Sports Grill Premise Address: 43960 Sterling Hwy. Owner: Buckets North Inc Mailing Address: 226 Susieana Lane, Kenai 99611 Type: Restaurant /Eating Place — Public Convenience Lic #: 4183 DBA Name: Acapulco Restaurant Premise Address: 44758 Sterling Hwy. Owner: Juan A. Rodriguez Mailing Address: 44758 Sterling Hwy., Ste. A, Soldotna 99669 Type: Package Store Lic #: 4376 DBA Name: Fred Meyer #017 Premise Address: 43 843 Sterling Hwy. Owner: Fred Meyer Stores Inc. Mailing Address: Po Box 305103, Nashville, TN 37230 -5103 We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance have been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director Meinatiae C. 4awdete Christine C. Lambert Licensing & Records Supervisor 269 -0359 Christine.lambert@alaska.gov Memorandum ,, se Date: November 28, 2011 o To: Mayor Seaward, Council Members A • From: Johanna Kinney, City Clerk Subj: Discussion on changing Agenda Item "Citizens' Comments On Any Subject Except Those Items Scheduled For Public Hearing" Councilmember Terry has expressed interest in a council discussion on changing the council agenda item citizens' comments on any subject except those items scheduled for public hearing from two minutes to three minutes. Below is how the Council Rules of Procedure currently reads: ADDRESSING THE COUNCIL BY THE PUBLIC, RULE 27: (c) Citizens' Comments and Discussion. Members of the public or their authorized representatives may address the Council by oral communications on any matter concerning the City's business or any matter over which the Council has control. There shall be two opportunities provided for such comments: (1) Citizens' comments on agenda items not scheduled for public hearing. The Clerk shall make available sign -in sheets on which persons desiring to speak during this time may indicate their desire to do so. All presentations under this agenda item shall be limited to two minutes per person and shall also be limited to a total time of not more than thirty minutes. (2) Citizens' comments. This agenda item shall appear at the end of the agenda following all action items. Comments concerning any item over which the Council has control may be made. All presentations under this agenda item shall be entitled to five minutes per person unless otherwise stated by the Mayor or the Presiding Officer. Each person shall have only one opportunity to speak under this agenda item. Clerk Note: If council would like to change the time limit for citizen comments, it would require a resolution amending the City Council Rules of Procedure. ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Recommendation: Council discuss changing this time limit option to three minutes. If council would like to see this change occur, direct the City Clerk to bring forward a resolution amending the City Council Rules of Procedure at a future council meeting. Johanna Kinney From: John Foutz Sent: Friday, November 11, 2011 11:54 AM To: Johanna Kinney Cc: Kris Erchinger; Jim Hunt Subject: Official Offer from Chugach for Fire Island Attachments: chugach proposal wind.pdf; Chugach bill Oct2011.pdf Hi Johanna, Attached is the letter from our wholesale supplier for power, Chugach Electric Assoc. (CEA), asking if the City of Seward would like to purchase energy produced from the Fire Island wind generation project. I have also attached the latest bill from Chugach for comparison purposes. In the letter the price to CEA from CIRI is $0.097 /kWh which means our price would have to be higher than that. By comparison the attached bill shows us paying the energy price of $0.00612 /kWh plus a fuel charge of $286,828.57 divided by 5,045,012 kWh, which equals $0.05685 for a total of $0.06297/kWh last month. The average for this year is $0.06950. Although my immediate reaction is no, I think this should be a decision made by the public. Jim: If you agree, please add this as a discussion item to the council meeting. Please let me know if you have any questions. Thank you, John Foutz City of Seward Electric Utility Manager Office: 907 - 224 -4071 CHUG POWERING ALASKA'S FUTURE November 9, 2011 Mr. John Foutz Utility Manager City of Seward P.O. Box 167 Seward, AK 99664 Subject: Participation in Fire Island Wind Project Dear John: Chugach Electric Association, Inc. (Chugach) and Fire Island Wind, LLC entered into a Power Purchase Agreement dated June 21, 2011. The agreement is for the annual purchase of approximately 50,000 MWh of energy from eleven wind turbines that will be located on Fire Island. The collective nameplate capacity of the units is 17.6 MW. Chugach submitted the agreement to the Regulatory Commission of Alaska (Commission) on June 23, 2011 and the Commission opened Docket U -11 -100 to adjudicate the case. After investigation and a public hearing, the Commission issued Order No. 5 on October 10, 2011 approving Chugach's request to recover the purchased power costs of the project through its fuel surcharge process. The Commission imposed additional conditions, including filing requirements related to integration and pricing. With the necessary approvals in place, the project is now moving forward and is expected to be commercially operational during the fourth quarter of 2012. In the docket, Chugach proposed that the entire project costs and related energy would be assigned to Chugach's retail customers. However, Chugach also stated it would offer its wholesale customers the opportunity to participate in the project if it were to move forward. I am writing to inquire as to whether there is interest from the City of Seward to also purchase wind energy from the project. In this manner, such purchases could be included as part of the energy requirements used to meet load requirements under the existing wholesale power sales agreement, or possibly through other contractual arrangements. Wind energy purchases from Fire Island will include renewable energy credits that can, in turn, be provided directly to the City of Seward or its participating customers under a green pricing program. Chugach has not yet finalized its specific retail pricing proposal for energy from the project. Currently, Chugach is evaluating three cost recovery options for its retail members: 1) Straight - line recovery; 2) Scheduled rates (constant price in real terms over the 25 -year period); and, 3) Green Pricing Program. Chugach will submit a formal raternaking proposal to the Commission by March 31, 2012. The evaluation of these options can be expanded to include energy purchases at the wholesale G &T level. Chugach Electric Association, Inc 5601 Electron Drive, PO. Box 196300, Anchorage, Alaska 99519.6300 • (907) 563-7494 Fax (907) 562 -0027 • (800) 478 -7494 www.chugachelectric com • info @chugachelectric.com Mr. John Fouts, Utility Manager, City of Seward Page 2 of 2 Participation in Fire Island Wind Project November 9, 2011 General Contract Conditions The Fire Island Wind contract is for a 25 -year period, commencing January 1, 2013. The contract price for energy delivered from the project to the Chugach system is $0.097 per kWh over the entire 25 -year period. The performance risk of the contract resides with Fire Island Wind, LLC to deliver contracted output at the agreed -upon price. Chugach expects to incur additional operations - related costs initially expected to be $0.3 to $0.4 million per year, which is expected to increase moderately over the term of the contract. Chugach may incur additional costs associated with the integration of the project on the system, but at this time these costs are not expected to be significant. Chugach would welcome the opportunity to discuss the project in more detail with you, including alternative purchase arrangements that may be conducive to Seward's needs. Please contact Lee Thibert, Senior Vice President, Strategic Planning and Corporate Affairs, by December 31, 2011 if there is any interest in discussing this in more detail. Sincerely, CHUGACH ELECTRIC ASSOCIATION, INC. Bradley W. Evans Chief Executive Officer CHUGACH ELECTRIC ASSOCIATION, INC. P. O. BOX 196300 CHUGACH ANCHORAGE, Alf 99519 -6300 (907) 563 -7494 FAX (907) 562 -0027 POWERING ALASKA'S FUTURE City of Seward Date: November 4, 2011 Attn: John Foutz Invoice No: 31019 P. O. Box 167 Account No: 1422013000 -2101 Seward, Alaska 99664 Page 1 of 2 Seward Electric System Billing demand and energy from October 1 at 00:01 to October 31, 2011 at 24:00 per Chugach Electric Association, Inc. electronic readings. Detailed load infonnation for this invoice is available online at http : / /emeter.chugachelectric.com. Description Units Rate per Unit Amount Customer Charge 2 Meters $150.00 $300.00 Demand Charge 8,743 kW $8.99 $78,599.57 Energy Charge 5,045,012 kWh $0.00612 $30,875.47 Fuel and Purchased Power Costs - September 2011 $286,828.57 Subtotal $396,603.61 Alaska Energy Authority Bradley Lake Credit - October 2011 ($13,503.00) Total Amount Due $383,100.61 Peak billing demand occurred on Tuesday, October 25th, 2011, at 10:15. Please note: Payment due no later than Monday, November 21, 2011. (15 days from original Chugach fax / mailing date or first business day after due date) CHUGACH ELECTRIC ASSOCIATION, INC. CHUGAZIT P. O. BOX 196300 6300 ANCHORAGE, AK 99519 -6300 POWERING ALASKA'S FUTURE (907) 563 -7494; FAX (907) 562 -0027 Date: November 4, 2011 • Invoice No: 31019 Page 2 of 2 Seward Electric System Billing Load Seward Billing Peak: Tuesday, October 25th, 2011, at 10:15. Load Factor: 77.6 %; Average Power Factor: 98.72% Location Direction Meter No. Channel kW kWh Daves Creek Substation Out 2010105307 1 8,743.30 5,045,012.10 (Breaker 952; ] 15 kV) In 2010105307 2 0.00 0.00 Net 8,743.30 5,045,012.10 Lawing (Pole) Out 2010105317 1 0.00 0.00 In 20/0105317 2 0.00 0.00 Net 0.00 0.00 Seward Billing Load (supplied by Chugach) 8,743.30 5,045,012.10 Seward System Load data provided for informational purposes only. Seward Electric System Load Seward System Peak: Tuesday, October 25th, 2011, at 10:15. Seward Load Factor: 77.6% Location Direction Meter No. Channel kW kWh Daves Creek Substation Out 2010105307 1 8,743.30 5,045,012.10 (Breaker 952; 115 kV) In 2010105307 2 0.00 0.00 Net 8,743.30 5,045,012.10 Laving (Pole) Out 2010105317 1 0.00 0.00 In 2010105317 2 0.00 0.00 Net 0.00 0.00 Fort Raymond Unit 3 94011272 2 0.00 0.00 Generation Units 4, 5 & 6 98127011 1 0.00 7.20 Net 0.00 7.20 Seward System Load (supplied by Chugach and Seward) 8,743.30 5,045,019.30 63 November 2 011 SuM o November December 2011 o TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 4 5 6 7 8 9 10 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Oct31 Nov]. 2 3 4 5:30pm Spc CC Mtg > 0 z O 7 8 9 10 11 11:30am Seward Comm Veteran's Day; Office's 0 z 14 15 16 17 18 7:OOpm City Council M 6:30pm P &Z Work Ses 6:30pm Historic Preser 9:OOam Social Security co r-+ O z 21 22 23 24 25 Thanksgiving ; Office's Thanksgiving; Office's u, N N > O z 2 —` 29 30 Dec 1 2 7:OOpm City Council M j N u v 0 00 > O z Nanci Richey 1 11/21/2011 8:39 AM by D ecember 2011 December2011 January 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 Monday Tuesday Wednesday Thursday Friday Nov 28 29 30 Dec 1 2 N v N W > O Z 5 6 7 8 9 7:OOpm CC Worksessio ` 7:30pm P &Z Meeting 11:30am Seward Comm N 12 — � 13 14 15 16 :00pm City Council M L v Q1 0 19 20 21 22 23 12:OOpm Christmas Eve; 12:OOpm PACAB Work 5 9:OOam Social Security 12:OOpm Christmas Eve; 6:30pm Historic Preser N r-i V Ql 0 26 27 28 29 30 Christmas; Offices Clos 7:OOpm City Council M V v 0 Nanci Richey 1 11/21/2011 8:39 AM