Loading...
HomeMy WebLinkAbout01092017 City Council Packet Seward City Council Agenda Packet Welcome to the New Year! January 09, 2017 City Council Chambers Beginning at 7:00 p.m. HappyNewYear! HappyNewYear! 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} January 9, 2017 7:00 p.m. Council Chambers Jean Bardarson CALL TO ORDER Mayor PLEDGE OF ALLEGIANCE Term Expires 2017 ROLL CALL CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMSSCHEDULED FORPUBLIC HEARING Vice Mayor \[Thosewhohavesignedin will begiventhefirstopportunityto Term Expires 2018speak. Time is limited to3minutesper speaker and36minutes total time for this agenda item.\] Ristine Casagranda APPROVAL OF AGENDA AND CONSENT AGENDA \[Approval of Consent Agenda passes all routine items indicated Council Member byasterisk (*). Consent Agenda items are not considered separately Term Expires 2018 unlessa council memberso requests.Intheevent of such arequest,the item isreturned to the Regular Agenda\] David Squires SPECIAL ORDERS, PRESENTATIONS AND REPORTS Council Member Term Expires 2017 Proclamationsand Awards Borough Assembly Report Sue McClure CityManagerReport CouncilMember City Attorney Report Term Expires 2017 OtherReportsand Presentations Deborah Altermatt AnnualPort and Commerce AdvisoryBoard Report Council Member Term Expires 2017 IntroducingWELOVEUS,amethodologyfor creatingtheworldthatworksforeveryone,by Lynda Erik Slater Paquette(Casagranda) Council Member Term Expires 2018 PUBLIC HEARINGS James Hunt Ordinances ForPublic Hearing and Enactment City Manager 1.Ordinance 2016-009, Amending Seward City Code 15.10.220 Johanna Kinney Development Requirements –Notes, To Allow The Minimum Lot City Clerk Size Platting Of 3,000 Square Feet And Clarification Of Lot Size For Duplex Development. Will Earnhart City Attorney City of Seward, Alaska Council Agenda January 9, 2017 Page 1 8.UNFINISHED BUSINESS– None 9.NEW BUSINESS A.Ordinances For Introduction *1.Ordinance 2017-001,Amending Seward City Code 7.10.320 (J) (2), Reserved Moorage, Duration, Death -Removing “Annual” From TheTerm“Annual Moorage Fee”. Resolutions Resolution 2017-001, Authorizing An Additional $32,080.91 Toward Harbor Float Construction Representing TheState Of Alaska’sAdditionalAdministrative Fee Required After ProjectStart, And Appropriating Funds. Resolution 2017-002, Authorizing TheCityManagerToEnter Into A Cooperative Agreement With The State Of Alaska Department Of Fish & Game (ADF&G) Division Of Administrative ServicesForTheFederalAidIn Sport Fish Restoration Recreational Boating Access Program For The PurposeOfDesigning And Permitting AReplacementSeward South Harbor Launch Ramp. Resolution 2017-003, Authorizing TheIssuanceOfAGeneralObligationBond Of The CityInAPrincipalAmountNot To Exceed $3,000,000 To Finance Costs Of Capital Improvements ToRoads In The City,As Authorized By Resolution 2016-045 And Ratified By TheCity’sVoters At AnElection Held On October 4, 2016;AuthorizingTaxLevies To Pay ThePrincipalThereofAndInterest Thereon; AndAuthorizingTheSale Of TheBondTo The AlaskaMunicipalBond Bank On TheTermsAnd Conditions Provided In This Resolution. Other New Business Items *1. Approval oftheDecember12, 2016 City CouncilMeeting Minutes. *2. Continue the Port and Commerce AdvisoryBoard for 2017. *3.Non-objectionto the renewalofliquor license #2790forRay’sWaterfrontBar &Grill. *4. Non-objection to the renewalofliquor license #4696 for Gene’sPlace. *5Non-objection to the renewalofliquor license #3230 for Apollo Restaurant INFORMATIONAL ITEMSAND REPORTS(No Action Required) PlanningandZoningCommission Quarterly Report COUNCIL COMMENTS CITIZEN COMMENTS COUNCILAND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS ADJOURNMENT City of Seward, Alaska Council Agenda January 9, 2017 Page 2 3 4 Sponsored by:Planning and Zoning Commission Introduction Date: December 12, 2016 Public Hearing Date: January 9, 2017 Enactment Date: January 9, 2017 CITY OF SEWARD, ALASKA ORDINANCE 2016-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS –NOTES, TO ALLOW THE MINIMUM LOT SIZE PLATTING OF 3,000 SQUARE FEET AND CLARIFICATION OF LOT SIZE FOR DUPLEX DEVELOPMENT WHEREAS, City Council requested the Planning and Zoning Commission review and bring forward City Code amendments to allowthe platting and single family home development of 3,000 square foot lots; and WHEREAS,current City Code allows for the single family home development of existing originally platted 3,000 square footlots but does not allow for the development of other 3,000 square foot lots or the platting of additional 3,000 square foot lots; and WHEREAS,amending the City Code to allow additional 3,000 square foot parcels could provide added single family home lots and greater in-fill or density; and WHEREAS, the lotssouth of Van Buren,within the Original Townsite of Seward and the Federal and Laubner Additions, are served by existing utilities located in both the alley and street rights-of-way, allowing for required utility separation on small lots; and WHEREAS,the Planning and Zoning Commission held three (3)work sessions and two (2)public hearings in review of the code amendments to allow platting and single family home development of 3,000 square foot parcels; and WHEREAS,minimum lot size for single family homes and multi-family developments with three –four unitsis currently provided in theDevelopment Requirementsof the City Code; however, no guidance is provided for duplex development; and WHEREAS,staff has provided a code amendment to provide clarification on the lot size for duplex or two family developments; and WHEREAS,the Planning and Zoning Commission held a public hearing on September 6, 2016 andNovember 1, 2016recommended City Council approve theproposed City Code amendments within this Ordinance. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 5 CITY OF SEWARD, ALASKA ORDINANCE 2016-009 Page 2of 3 Section 1. Seward City Code is hereby amended as follows: Chapter 15.10.220Development Requirements –Notesishereby amended as follows: (Deletions are Bold Strikethroughs; Additions are Bold Underline) 15.10.220DevelopmentRequirements - Notes *** NOTE 2. *** B. In the R1, R2, R3, UR, OR and ,AC and CBDistricts, fromthe Seward Highway/Phoenix Road intersectionVan Buren Street South, 6,0003,000SF and north, 7,0006,000SF with 6030 and 7060foot minimum frontages respectively, for single-family residences. *** D. In the R1, R2, R3, UR, OR and,AC and CBDistricts, individual originallyplatted lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. *** F. Two-family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall bemet. Section 2.This ordinance shall take effect ten (10) days following enactment. th ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,this 9 day of January, 2017. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor 6 CITY OF SEWARD, ALASKA ORDINANCE 2016-009 Page 3of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 7 8 9 10 11 12 13 14 15 16 17 Sponsored by: Hunt Introduction:January 9, 2017 Public Hearing:January 23, 2017 Enactment:January 23, 2017 CITY OF SEWARD, ALASKA ORDINANCE 2017-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 7.10.320(J) (2), RESERVED MOORAGE, DURATION, DEATH - REMOVING “ANNUAL” FROM THE TERM “ANNUAL MOORAGE FEE” WHEREAS,to better conform with Internal Revenue Service (IRS) requirements, the City Council amended the Harbor Tariff in 2014 to allow for semi-annual moorage commitments by Resolution 2014-092; and WHEREAS,currently the City of Seward does not collect annual fees for reserve tenant moorage; and WHEREAS,the City Code 7.10.320 (J) (2) refers to the moorage fee as an annual moorage fee; and WHEREAS,as a technical change and for better clarity, staff is requesting removal of the word “annual” from this section of the code; and WHEREAS,upon review of the City Code, there were no other references to an annual moorage fee found. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,HEREBY ORDAINSthat: Section 1.Seward City Code Section 7.10.320 (J) is amended as follows: Strikeout = deleteBold Italics= new 7.10.320 – Reserved Moorage J.Duration. A holder's rights to reserved moorage space, once assigned, continues until the holder ceases having a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the space. A holder's right does not transfer with the sale or other disposition of the vessel. … 18 CITY OF SEWARD, ALASKA ORDINANCE 2017-001 ___________________________ 2.Death.In the case of the death of the holder the space may be transferred only to the holder's family member. To be an effective transfer the family member must have a qualifying interest in the vessel assigned to the reserved moorage space and must make a request for transfer, in writing, to the harbormaster with appropriate documentation no later than the date the next annualmoorage fee is due. Section 2. This ordinance shall take effectten days following its enactment. rd ENACTED by the City Council of the City of Seward, Alaska, this 23 day of January, 2017. THE CITY OF SEWARD, ALASKA ________________________________ Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________________ Johanna Kinney, CMC City Clerk (City Seal) 19 20 21 22 23 24 25 26 27 28 Sponsored by:Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AN ADDITIONAL $32,080.91 TOWARD HARBOR FLOAT CONSTRUCTIONREPRESENTING THE STATE OF ALASKA’S ADDITIONAL ADMINISTRATIVE FEEREQUIRED AFTER PROJECT START, ANDAPPROPRIATING FUNDS WHEREAS,the City of Seward,by Resolution 2015-072, approved accepting grant funds from the State of Alaska Facility Grant Program in the amount of $2,684,000; and WHEREAS,the signed grant agreement stipulated that the State’s share of administrative fees (Indirect Cost Allocation Plan or ICAP) on the grant would be equivalent to 2% of the grant, but that the “grantor reserves the right to modify the department’s ICAP rates as necessary”; and WHEREAS, during the project on October 1, 2015, the State unilaterally raised the ICAP to 3.34%for all reimbursements between October 1, 2015 and July 1, 2016, andagain on July 1, 2016, raised the ICAPto 3.97% for all reimbursements subsequent to July 1, 2016; and WHEREAS, the FacilityGrant Funding amount went from $2,684,000 to a reduced amount of $2,594,520; $53,680 was appropriated in Resolution 2015-075 to cover a portion of ICAP, leaving a remaining shortfall of $35,795.08; and WHEREAS,the City came in under budget on the project by $3,714.17 which, when applied to the required ICAP, leaves a remaining shortfall of $32,080.91 which will be appropriated from the same source of CPV funds as used to fund the City’s share of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Funding in the amount of $32,080.91 is hereby appropriated from Commercial Passenger Vessel Tax Fund no. 11113-0000-3071-11372 to the A, B, C and S-float Replacement Project infrastructure account no. 11372 0000 8101 to cover the shortfall. Section 2.This resolution shall take effect immediately upon its adoption. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 9 day of January, 2017. 29 CITY OF SEWARD, ALASKA RESOLUTION 2017-001 ___________________________ THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE OF ALASKA DEPARTMENTOF FISH & GAME (ADF&G) DIVISION OF ADMINISTRATIVE SERVICES FOR THE FEDERAL AID IN SPORT FISH RESTORATION RECREATIONAL BOATING ACCESS PROGRAMFOR THE PURPOSE OF DESIGNING AND PERMITTINGA REPLACEMENTSEWARD SOUTH HARBOR LAUNCH RAMP WHEREAS, in 2011 ADF&G evaluatedthe South Launch rampand determined it neededto be replaced; and WHEREAS, the City has pursued funding with ADF&G to replace the South Launch Ramp; and WHEREAS,the City of Seward, by Resolution 2016-033, committed to ADF&G to provide funding fora 25% City match to replace the South Harbor Launch Ramp, under the Phase II construction portion of the project; and WHEREAS, ADF&G has sent the City a Cooperative Agreement to start Phase 1of the project, including design and permitting; and WHEREAS,ADF&G and the Federal Aid in Sport Fishing Restoration Recreational Boating Access Program will fully fund Phase 1 with the estimated cost of $400,000; and WHEREAS,the City of Seward will continue to comply with the ADF&G agreement for the complete renovation of the South Harbor Launch Ramp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a cooperativeagreement with ADF&G and the Federal Aid in Sport Fishing Restoration Recreational Boating Access Programfor Phase 1 of the City of Seward South Harbor renovation project, in substantial form as presented at this meeting. S ection 2. This resolution shall take effect immediately. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 9day of January, 2017. 51 CITY OF SEWARD, ALASKA RESOLUTION 2017-002 ___________________________ THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Johanna Kinney, CMC City Clerk (City Seal) 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Sponsored By: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2017-003 A RESOLUTION OF THE CITY COUNCIL OF SEWARD, ALASKA, AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION BOND OF THE CITY IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000 TO FINANCE COSTS OF CAPITAL IMPROVEMENTS TO ROADS IN THE CITY, AS AUTHORIZED BY RESOLUTION 2016-045 AND RATIFIED BY THE CITY’S VOTERS AT AN ELECTION HELD ON OCTOBER 4, 2016; AUTHORIZING TAX LEVIES TO PAY THE PRINCIPAL THEREOF AND INTEREST THEREON; AND AUTHORIZING THE SALEOF THE BOND TO THE ALASKA MUNICIPAL BOND BANK ON THE TERMS AND CONDITIONS PROVIDED IN THIS RESOLUTION WHEREAS,at an election held in Seward, Alaska (the “City”), on October 4, 2016, the number and proportion of qualified electors of the City as required by law for the adoption thereof voted in favor of the proposition authorizing the issuance of general obligation bonds of the Cityin a principal amount not to exceed $3,000,000to financecapitalimprovements to roads in the City (the “Project”), as authorized by Resolution 2016-045 of the Citypassed on July 25, 2016(the “Election Legislation”); and WHEREAS, the Council wishes to authorize the issuance of not to exceed $3,000,000 principal amount of the general obligation bondsauthorized by the Election Legislationand approved by the City’svoters; and WHEREAS,it is in the best interest of the Cityto sell the bonds to the Alaska Municipal Bond Bank (the “Bond Bank”) on the terms and conditions set forth herein and in a loan agreement authorized by this resolution to be entered into by the City Manageror Finance Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKAthat: Section 1.Definitions. As used in this resolution, the following words have the following meanings, unless a different meaning clearly appears from the context: “Bond”means the City of Seward, Alaska, General Obligation Road Bond, 2017, in a principal amount not to exceed $3,000,000, authorized to be issued and sold to the Bond Bank pursuant to this resolution. “Bond Bank” means the Alaska Municipal Bond Bank, a public corporation and instrumentality of the State of Alaska, created pursuant to the provisions of Chapter85, Title 44, Alaska Statutes, as amended. 76 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ “Bond Bank Bonds” means bonds to be issued by the Bond Bank to provide funds to be loaned to the City pursuant to the terms of the Loan Agreement. “Bond Fund” means the “Cityof Seward Obligation Bond Redemption Fund, 2017,” authorized to be created by Section 5 of this resolution. “Bond Premium” means proceeds of the Bond representing an allocation of original issue premium, if any, on the Bond Bank’s Bonds. “Bond Register” means the registration books for the Bond maintained by the Registrar, for the purpose of complying with the requirements of Section149 of the Code and listing, inter alia, the names and addresses of the Registered Owner of the Bond. “City” means City of Seward, a first class home rule municipal corporation duly organized and existing under the Constitution and laws of the State of Alaska and its Charter. “Code” means the federal Internal Revenue Code of 1986, as amended, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the United States Treasury Department or the Internal Revenue Service, to the extent applicable to the Bond. “Council” means the Council of the City of Seward, the general legislative authority of the City, as the same shall be duly constituted from time to time, or any successor body. “Election Legislation” means Resolution 2016-045 of the City, adopted by the Council onJuly 25, 2016, and ratified by the City’svoters in an election held in the Cityon October 4, 2016. “Finance Director ”meansthe City’s Finance Director or the successor to the duties of that office. “Government Obligations” means any bonds or other obligations that, as to principal and interest, constitute direct obligations of, or are unconditionally guaranteed by, the United States of America. “Loan Agreement” means the Loan Agreement by and between the Cityand the Bond Bank authorized to be entered into pursuant to Section 12 of this resolution. “Project Fund” means the “Road Project Fund, 2017,” created pursuant to Section11 of this resolution. “Registrar” means the Finance Director, for the purposes of registering and authenticating the Bond, maintaining the Bond Register, and paying principal of and interest on the Bond. 77 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ “Registered Owner” means the person in whose name the Bond is registered on the Bond Register. “Rule ” means the SEC’s Rule 15c2-12 under the Securities Exchange Act of 1934. “SEC” means the Securities and Exchange Commission. “Tax Certificate” means the certificate with respect to federal tax matters relating to the Bond authorized to be executed by the Finance Director pursuant to the provisions of Section7 of this resolution. Words of the masculine gender will be deemed and construed to include correlative words of the feminine and neuter genders. Words imparting the singular number include the plural numbers and vice versa unless the context otherwise indicates. Reference to sections and other subdivisions of this resolution are to the sections and other subdivisions of this resolution as originally adopted unless expressly stated to the contrary. The headings or titles of the sections hereof, and the table of contents appended hereto, are for convenience of reference only and do not define or limit the provisions hereof. Section 2.Authorization of the Bond. The Cityshall now issue and sell not to exceed $3,000,000principal amount of the general obligation bonds authorized by the Election Legislation and approved by the City’s voters at an election held on October 4, 2016, to finance a portion of the cost of capital improvements to roads located in the City and as described in the Election Legislationand to pay costs of issuance of the bonds, all as authorized by the Election Legislation. The bonds shall be issued and sold to the Bond Bank as a single bond in a principal amount not toexceed $3,000,000, designated as the “City of Seward, Alaska, General Obligation Road Bond, 2017” (the “Bond”). The Bond shall be fully registered as to both principal and interest, shall be numbered separately in such manner as the Registrar determines, shall be dated as of the date to be established in accordance with Section 12 hereof, and shall mature on the date or dates, bear interest at the rate or rates, and be payable on the dates and in the principal amounts to be established in accordance with Section 12 hereof. Interest on the Bond shall be computed on the basis of a 360-day year consisting of twelve 30-day months. Section 3.Registration, Payment and Transfer. The Finance Director will act as authenticating agent, transfer agent, paying agent and registrar for the Bond (collectively, the “Registrar”). Both principal of and interest on the Bond are payable in lawful money of the United States of America. Interest on the Bond will be paid by check or draft of the Registrar mailed (on the date such interest is due) to the Registered Owner or nominee at the addresses appearing on the Bond Register on the fifteenth day of the month preceding each interest payment date. Principal of the Bond is payable upon presentation and surrender of the Bond to the Registrar by the Registered Owner or nominee at the office of the Registrar in Seward, Alaska. Notwithstanding the foregoing, if the Bond issold to the Bond Bank pursuant to the provisions of Section 12 of this resolution, and for so long as the Bond Bank is the owner of the Bond, payments of principal of and interest on the Bond will be made to the Bond Bank in accordance with the Loan Agreement. 78 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ The Bond may be transferred only on the Bond Register maintained by the Registrar for that purpose upon the surrender thereof by the Registered Owner or nominee or his or her duly authorized agent and only if endorsed in the manner provided thereon, and thereupon a new fully registered Bond of like principal amount, maturity and interest rate will be issued to the transferee in exchange therefor. Upon surrender thereof to the Registrar, the Bond is interchangeable for a bond or bonds (in denominations of $5,000 or any integral multiple thereof) of an equal aggregate principal amount and of the same interest rates and principal payment amounts as the Bond. Such transfer or exchange will be without cost to the Registered Owner or transferee. The Citymay deem the person in whose name theBond is registered to be the absolute owner thereof for the purpose of receiving payment of the principal of and interest on the Bond and for any and all other purposes whatsoever. Section 4.Prepayment. Provisions for the optional prepayment of some or all principal installments of the Bond may be established pursuant to Section 12 and will be set forth in the Loan Agreement. Portions of the principal amount of the Bond, in increments of $5,000 or any integral multiple of $5,000, may be prepaid. So long as the Bond Bank is the owner of the Bond, notice of prepayment will be given according to the terms of the Loan Agreement. If the Bond Bank is not the owner of the Bond, notice of prepayment thereof will be given not less than 20 nor more than 60 days prior to the date fixed for prepayment by first class mail, postage prepaid, to the Registered Owner of the Bond at the address appearing on the Bond Register. The requirements of this section will be deemed complied with when notice is mailed as herein provided, regardless of whether it is actually received by the owner of the Bond. Each official notice of prepayment will be dated and state: (i)the prepayment date, (ii) the prepayment price or prepayment premium, if any, payable upon prepayment; (iii)if less than all of an installment of principal is to be prepaid, the principal amount to be prepaid (which must be an integral multiple of $5,000); (iv)that the interest on the Bond, or on the principal amount thereof to be prepaid, designated for prepayment in the notice, will cease to accrue from and after the prepayment date; and (v)that on that date there will become due and payable on the Bond the principal amount thereof to be prepaid and the interest accrued on that principal amount to the prepayment date. Section 5.Bond Fund; Pledge of Taxes. A special fund of the Cityknown as the “Cityof Seward General Obligation Bond Redemption Fund, 2017” (the “Bond Fund”), is hereby authorized to be created in theoffice of the Finance Director. The Bond Fund may only be drawn upon for the purpose of paying principal of and interest on the Bond. The Bond is a general obligation of the City. As authorized by the Election Legislation, the Cityhereby irrevocably covenants that, unless the principal of and interest on the Bond are paid from other sources, it will make annual levies of property taxes without limitation as to rate or amount, and in amounts sufficient, together with other legally available funds, to pay such principal and interest as the same become due. The full faith and credit of the Cityare hereby 79 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ irrevocably pledged for the annual levy and collection of such property taxes and for the prompt payment of such principal and interest. ection 6.Defeasance S. If money and/or Government Obligations, maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire the Bond or a portion thereof in accordance with its terms, are set aside in a special account to effect such prepayment and retirement, and such money and the principal of and interest on such obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on the Bond or portion thereof so provided for, and the Bond or portion thereof will cease to be entitled to any lien, benefit or security of this resolution except the right to receive the money so set aside and pledged, and the Bond or portion thereof will be deemed not to be outstanding hereunder. Section 7.Tax Covenants. (a)General. The Citycovenants not to take any action, or knowingly to omit to take any action within its control, that if taken or omitted would cause the interest on the Bond to be includable in gross income, as defined in section 61 of the Code, for federal income tax purposes. (b)Tax Certificate. Upon the issuance of the Bond, the Finance Directoris authorized to execute a federal tax certificate (the “Tax Certificate”), which will certify to various facts and representations concerning the Bond, based on the facts and estimates known or reasonably expected on the date of their issuance, and make certain covenants with respect to the Bond as may be necessary or desirable to obtain or maintain the benefits conferred under the Code relating to tax-exempt bonds. The Citycovenants that it will comply with the Tax Certificate unless it receives advice from nationally recognized bond counsel or the Internal Revenue Service that certain provisions have been amended or no longer apply to the Bond. Section 8.Lost or Destroyed Bond. If a Bond is lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond of like amount, date, and tenor to the Registered Owner upon such owner’s paying the expenses and charges of the Cityin connection with preparation and authentication of the replacement Bond and upon his or her filing with the Registrar evidence satisfactory to the Registrar that the Bond was actually lost, stolen or destroyed and of his or her ownership, and upon furnishing the Citywith indemnity satisfactory to the Registrar. 80 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ Section 9.Form of the Bond. The Bond will be in substantially the following form: NO. R-1 $_______ UNITED STATES OF AMERICA STATE OF ALASKA CITYOF SEWARD, ALASKA GENERAL OBLIGATION ROAD BOND, 2017 INTEREST RATE:FINAL MATURITY DATE: SEE BELOW REGISTERED OWNER:ALASKA MUNICIPAL BOND BANK PRINCIPAL AMOUNT: ________________ DOLLARS The City of Seward, Alaska (the “City”), a first class home rule municipal corporation organized and existing under and by virtue of the laws and Constitution of the State of Alaska and its Charter, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, the principal amount specified above, in installments payable as set forth below, together with interest on such installments fromthe date hereof or the most recent date to which interest has been paid or duly provided for, at the interest rates set forth below, on _______, 20__, and on each _______1 and _______1 thereafter until payment of the principal sum has been made or duly provided for. Principal Installment Payment YearPrincipal InstallmentInterest (______ 1) Amount Rate Both principal of and interest on this bond are payable in lawful money of the United States of America. Installments of principal of and interest on this bond are payable by check or draft of the Finance Directorof the City(the “Registrar”) mailed on the date such interest is due to the Registered Owner at the address appearing on the Bond Register as of the fifteenth day of the month preceding the interest payment date. The final installment of principal of and interest on this bond will be paid to the Registered Owner upon presentation and surrender of this bond at the office of the Registrar. Notwithstanding the foregoing, so long as the Bond Bank is the 81 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ Registered Owner of this bond, payments of principal of and interest on this bond will be made to the Bond Bank in accordance with the Loan Agreement. This bond is a general obligation bond of the City, as authorized by Resolution 2016-045 of the City, which was approved by the voters of the City, and issued pursuant to Resolution 2017-___, adopted by the City Council on __________ __, 20__ (the “Bond Resolution”), to finance capital improvementsto roads located in the City. Capitalized terms used in this bond and not otherwise defined herein have the meanings given those terms in the Bond Resolution. Principal installments of this bond are subject to prepayment as provided in the Loan Agreement. The Cityhereby irrevocably covenants that, unless the principal of and interest on this bond are paid from other sources, it will make annual levies of property taxes without limitation as to rate or amount, and in amounts sufficient, together with other legally available funds, to pay such principal and interest as the same becomes due. The full faith and credit of the Cityare hereby irrevocably pledged for the annual levy and collection of such property taxes and for the prompt payment of such principal and interest. The pledge of tax levies for payment of principal of and interest on this bond may be discharged prior to maturity of the bond by making provision for the payment thereof on the terms and conditions set forth in the Bond Resolution. This bond will not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication hereon has been manually signed by the Registrar. It is hereby certified and declared that this bond is issued pursuant to and in strict compliance with the Constitution and laws of the State of Alaska and the charter, ordinances, and resolutions of the City, that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have happened, been done and performed, and that this bond does not exceed any Constitutional or statutory limitations. IN WITNESS WHEREOF, Cityof Seward, Alaska, has caused this bond to be signed on behalf of the Citywith the manual or facsimile signature of the Mayor, attested by the manual or 82 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ facsimile signature of the CityClerk, and the seal of the Cityto be imprinted or impressed hereon, as of this ___ day of ___________, 2017. CITYOF SEWARD, ALASKA By /s/ Mayor \[SEAL\] ATTEST: /s/ CityClerk CERTIFICATE OF AUTHENTICATION Date of Authentication: ___________________ This is the CityOF Seward, Alaska, General Obligation Road Bond, 2017, dated _____________, 2017, as described in the Bond Resolution. Finance Director,Cityof Seward, Alaska, as Registrar ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE (Please print or typewrite name and address, including zip code of Transferee) 83 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ the within bond and all rights thereunder and does hereby irrevocably constitute and appoint of , or its successor, as agent to transfer said bond on the books kept by the Registrar for registration thereof, with full power of substitution in the premises. DATED: ________________, ______. SIGNATURE GUARANTEED: NOTE: The signature of this Assignment must correspond with the name of the Registered Owner as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. Section 10.Execution of the Bond. The Bond will be signed on behalf of the Cityby the manual or facsimile signature of the Mayor, attested by the manual or facsimile signature of the City Clerk, and the seal of the City will be impressed or imprinted thereon. Only a Bond that bears thereon a Certificate of Authentication in the form set forth in Section9 hereof, manually executed by the Registrar, will be valid or obligatory for any purpose or entitled to the benefits of this resolution. The executed Certificate of Authentication will be conclusive evidence that the Bond so authenticated has been duly executed, authenticated, registered, and delivered hereunder and is entitled to the benefits of this resolution. If any officer who has signed or attested the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her signature is authenticated or delivered by the Registrar or issued by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, will be as bindingon the Cityas though that person had continued to be an officer of the Cityauthorized to sign bonds. The Bond also may be signed on behalf of the Cityby any person who, on the actual date of signing of the Bond, is an officer of the Cityauthorized tosign bonds, although he or she did not hold the required office on the date of issuance of the Bond. Section 11.Application of Bond Proceeds. A special fund of the Cityknown as the “Road Project Fund, 2017” (the “Project Fund”) is hereby authorized tobe created in the office of the Finance Director. At the time of delivery of the Bond, the proceeds of the sale of the Bond will be deposited as follows: 84 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ (a)The accrued interest, if any, to the date of delivery will be deposited in the Bond Fund and used to pay a portion of interest on the Bond on the first interest payment date; and (b)The remaining Bond proceeds will be deposited in the Project Fund and used to pay costs of the Project and costs of issuance of the Bond, as authorized by the Election Legislation; provided, however, that any Bond Premium exceeding the costs of issuing the Bond must be deposited in the Bond Fund or other purpose set forth in the Tax Certificate. Money remaining in the Project Fund after all such costs have been paid or reimbursed will be deposited in the Bond Fund. Money in the Project Fund may be invested as permitted by law. All interest earned and profits derived from such investments will be retained in and become a part of the Project Fund. Section 12.Sale of the Bond.The CityManager and Finance Director are authorized to complete the sale of the Bond to the Bond Bank on terms and conditions consistent with this resolution and a loan agreement in the form set forth on Exhibit A attached to this resolution (the “Loan Agreement”). Following the sale of the Bond Bank Bonds, such terms and conditions, including the final principal amount, date, principal installment payment schedule, interest rates and prepayment provisions for the Bond, all as provided forin this resolution, will be set forth in the Loan Agreement, subject to the CityManager’s or Finance Director’s approval, which approval will be conclusively evidenced by his or her signing and delivering the Loan Agreement to the Bond Bank. Provided, however, in no event shall the term of the Bond exceed twenty-five (25) years. Section 13.Ongoing Disclosure. The Cityacknowledges that, under Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”), the Citymay now or in the future be an “obligated person” with respect to the Bond Bank Bonds. In accordance with the Rule and as the Bond Bank may require, the Citywill undertake to provide certain annual financial information and operating data as set forth in the Loan Agreement. Section 14.General Authorization; Prior Acts. The Mayor, City Manager, Finance Director and CityClerk and any other appropriate officers of the Cityare each hereby authorized and directed to take such steps, to do such other acts and things, and to execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified and confirmed. Section 15.Severability. If any covenant or agreement provided in this resolution to be performed on the part of the Cityis declared by any court of competent jurisdiction to be contrary to law, then that covenant or agreements will be null and void and deemed separable from the remaining covenants and agreements of this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bond. 85 CITY OF SEWARD, ALASKA RESOLUTION 2017-003 ____________________________ Section 16.Effective Date. This resolution will be in full force and effect immediately following approval by the Council. th PASSED AND APPROVEDby the City Council of the City of Seward, Alaska, this 9 day of January, 2017. CITYOF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk, City of Seward (City Seal) 86 EXHIBIT A \[Attach here the form of Bond Bank Loan Agreement\] A-1 87 88 89 FORM OF LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of the ___ day of ____________ 20__, between the Alaska Municipal Bond Bank (the “Bank”), a body corporate and politic constituted as an instrumentality of the State of Alaska (the “State”) exercising public and essential governmental functions, created pursuant to the provisions of Chapter 85, Title 44, Alaska Statutes, as amended (the “Act”), having its principal place of business at Juneau, Alaska, and the City of Seward, Alaska, a duly constituted City of the State (the “City”): W I T N E S S E T H: WHEREAS, pursuant to the Act, the Bank is authorized to make loans of money (the “Loan” or “Loans”) to governmental units; and WHEREAS, the Cityis a Governmental Unit as defined in the General Bond Resolution of the Bank hereinafter mentioned and pursuant to the Act is authorized to accept a Loan from the Bank to be evidenced by its municipal bonds; and WHEREAS, the Citydesires to borrow money from the Bank in the amount not to exceed $________ and has submitted an application to the Bank for a Loan in the amount not to exceed $________, and the Cityhas duly authorized the issuance of its fully registered bond in the aggregate principal amount of $________ (the “Municipal Bond”), which bond is to be purchased by the Bank as evidence of the Loan in accordance with this Loan Agreement; and WHEREAS, the application of the Citycontains the information requested by the Bank; and WHEREAS, to provide for the issuance of bonds of the Bank in order to obtain from time to time money with which to make Loans, the Bank has adopted the General Obligation Bond Resolution on July 13, 2005, as amended (the “General Bond Resolution”) and Series Resolution No. 20__-__, approved on ____ __, 20__ (together with the General Bond Resolution, the “Bond Resolution”), authorizing the making of such Loan to the Cityand the purchase of the Municipal Bond; and WHEREAS, the Board of the Bank approved certain modifications to the General Bond Resolution, effective on the date when all bonds issued under the terms of the General Bond Resolution, prior to February 19, 2013, cease to be outstanding. NOW, THEREFORE, the parties agree: 1.The Bankhereby makes the Loan and the Cityaccepts the Loan in the aggregate principal amount of $_________. As evidence of the Loan made to the Cityand such money borrowed from the Bank by the City, the Cityhereby sells to the Bank the Municipal Bond in the principal amount, with the principal installment payments, and bearing interest from its date at the rate or rates per annum, stated in Exhibit A appended hereto. 90 2.The Cityrepresents that it has duly adopted or will adopt all necessary ordinances or resolutions, including Resolution 2017-___, adopted onJanuary 9, 2017 (the “City Resolution”), and has taken or will take all proceedings required by law to enable it to enter into this Loan Agreement and issue its Municipal Bond to the Bank and that the Municipal Bond will constitute a general obligation bond, secured by the full faith and credit of the City, all duly authorized by the City Resolution. 3.Subject to any applicable legal limitations,the amounts to be paid by the City pursuant to this Loan Agreement representing interest due on its Municipal Bond (the “Municipal Bond Interest Payments”) shall be computed at the same rate or rates of interest borne by the corresponding maturities of the bonds sold by the Bank in order to obtain the money with which to make the Loan and to purchase the Municipal Bond (the “Loan Obligations”) and shall be paid by the City at least seven (7) business days before the interest payment date so as to provide funds sufficient to pay interest as the same becomes due on the Loan Obligations. 4.The amounts tobe paid by the City pursuant to this Loan Agreement representing principal due on its Municipal Bond (the “Municipal Bond Principal Payments”), shall be paid at least seven (7) business days before the payment date stated in the Municipal Bond so as to provide funds sufficient to pay the principal of the Loan Obligations as the same matures based upon the maturity schedule stated in Exhibit A appended hereto. 5.In the event the amounts referred to in Sections 3 and 4 hereof to be paid by the City pursuant tothis Loan Agreement are not made available at any time specified herein, the City agrees that any money payable to it by any department or agency of the State may be withheld from it and paid over directly to the Trustee acting under the General Bond Resolution, and this Loan Agreement shall be full warrant, authority and direction to make such payment upon notice to such department or agency by the Bank, with a copy provided to the City, as provided in the Act. 6.In the event Loan Obligations have been refunded and the interest rates the Bank is required to pay on its refunding bonds in any year are less than the interest rates payable by the City on the Municipal Bond for the corresponding year pursuant to the terms of the Municipal Bond, then both the Municipal Bond Interest Payments and the Municipal Bond Principal Payments will be adjusted in such a manner that (i) the interest rate paid by the \[City\] \[Borough\] on any principal installment of the Municipal Bond is equal to the interest rate paid by the Bank on the corresponding principal installment of the Bank’s refunding bonds and (ii) on a present value basis the sum of the adjusted Municipal Bond Interest Payments and Municipal Bond Principal Payments is equal to or less than the sum of the Municipal Bond Interest Payments and Municipal Bond Principal Payments due over the remaining term of the Municipal Bond as previously established under this Loan Agreement. In the event of such a refunding of Loan Obligations, the Bank shall present to the Cityfor the City’s approval, a revised schedule of principal installment amounts and interest rates for the Municipal Bond. If approved by the City the revised schedule shall be attached hereto as Exhibit A and incorporated herein in replacement of the previous Exhibit A detailing said principal installment amounts and interest rates. Page 2 91 7.The City is obligated to pay to the Bank Fees and Charges. Such Fees and Charges actually collected from the City shall be in an amount sufficient, together with the City’s Allocable Proportion (as defined below) of other money available therefor under the provisions of the Bond Resolution, and other money available therefor, including any specific grants made by the United States of America or any agency or instrumentality thereof or by the State or any agency or instrumentality thereof and amounts applied therefor from amounts transferred to the Operating Fund pursuant to Section 606 of the General Bond Resolution: (a)to pay, as the same become due, the City’s Allocable Proportion of the Administrative Expenses of the Bank; and (b)to pay, as the same become due, the City’sAllocable Proportion of the fees and expenses of the Trustee and paying agent for the Loan Obligations. The City’sAllocable Proportion as used herein shall mean the proportionate amount of the total requirement in respect to which the term is used determined by the ratio that the principal amount of the Municipal Bond outstanding bears to the total of all Loans then outstanding to all Governmental Units under the General Bond Resolution, as certified by the Bank. The waiver by the Bank of any fees payable pursuant to this Section 7 shall not constitute a subsequent waiver thereof. 8.The City is obligated to make the Municipal Bond Principal Payments scheduled by the Bank. The first such Municipal Bond Principal Payment is due at least seven (7) business days prior to the date indicated on Exhibit A appended hereto, and thereafter on the anniversary thereof each year. The Cityis obligated to make the Municipal Bond Interest Payments scheduled by the Bank on a semi-annual basis commencing seven (7) business days prior to the date indicated on Exhibit A appended hereto, and to pay any Fees and Charges imposed by the Bank within 30 days of receiving the invoice of the Bank therefor. 9.The Bank shall not sell and the Cityshall not redeem prior to maturity any portion of the Municipal Bond in an amount greater than the Loan Obligations which are then outstanding and which are then redeemable, and in the event of any suchsale or redemption, the same shall be in an amount not less than the aggregate of (i) the principal amount of the Municipal Bond (or portion thereof) to be redeemed, (ii) the interest to accrue on the Municipal Bond (or portion thereof) to be redeemed to the next redemption date thereof not previously paid, (iii) the applicable premium, if any, payable on the Municipal Bond (or portion thereof) to be redeemed, and (iv) the cost and expenses of the Bank in effecting the redemption of the Municipal Bond (or portion thereof) to be redeemed. The Citygive the Bank at least 50 days’ notice of intention to redeem its Municipal Bond. In the event the Loan Obligations with respect to which the sale or redemption prior to maturity of such Municipal Bond is being made have been refunded and the refunding bonds of the Bank issued for the purpose of refunding such Loan Obligations were issued in a principal amount in excess of or less than the principal amount of the Municipal Bond remaining unpaid at the date of issuance of such refunding bonds, the amount which the City shall be obligated to pay or the Bank shall receive under item (i) above shall be the principal amount of such refunding bonds outstanding. Page 3 92 In the event the Loan Obligations have been refunded and the interest the Bank is required to pay on the refunding bonds is less than the interest the Bank was required to pay on the Loan Obligations, the amount which the Cityshall be obligated to pay or the Bank shall receive under item (ii) above shall be the amount of interest to accrue on such refunding bonds outstanding. In the event the Loan Obligations have been refunded, the amount which the Cityshall be obligated to pay or the Bank shall receive under item (iii) above, when the refunded Loan Obligations are to be redeemed, shall be the applicable premium, if any, on the Loan Obligations to be redeemed. Nothing in this Section shall be construed as preventing the Cityfrom refunding the Municipal Bond in exchange for a new Municipal Bond in conjunction with a refunding of the Loan Obligations. 10.Simultaneously with the delivery of the Municipal Bond to the Bank, the City shall furnish to the Bank evidence satisfactory to the Bank which shall set forth, among other things, that the Municipal Bond will constitutea valid and binding general obligation of the City, secured by the full faith and credit of the City. 11.Invoices for payments under this Loan Agreement shall be addressed to the City, Attention: ________, ________, ________, Alaska 99___. The City shall give the Bank and the corporate trust office of the Trustee under the General Bond Resolution at least 30 days’ written notice of any change in such address. 12.\[The City hereby agrees that it shall fully fund, at the time of loan funding, its debt service reserve fund (in an amount equal to $ _______________) which secures payment of principal and interest on its Municipal Bond, that such fund shall be held in the name of the City with the Trustee, and that the yield on amounts held in such fund shall be restricted to a yield not in excess of ___________ percent. (Applies to revenue bonds only.)\] 13.\[Rate covenant language – if applicable.\] 14.The Cityhereby agrees to keep and retain, until the date six years after the retirement of the Municipal Bond, or any bond issued to refund the Municipal Bond, or such longer period as may be required by the City’s record retention policies and procedures, records with respect to the investment, expenditure and use of the proceeds derived from the sale of its Municipal Bond, including without limitation, records, schedules, bills, invoices, check registers, cancelled checks and supporting documentation evidencing use of proceeds, and investments and/or reinvestments of proceeds. The Cityagrees that all records required by the preceding sentence shall be made available to the Bond Bank upon request. 15.Prior to payment of the amount of the Loan or any portion thereof, and the delivery of the Municipal Bond to the Bank or its designee, the Bank shall have the right to cancel all or any part of its obligations hereunder if: Page 4 93 (a)Any representation, warranty or other statement made by the City to the Bank in connection with its application to the Bank for a Loan shall be incorrect or incomplete in any material respect. (b)The Cityhas violated commitments made by it in the terms of this Loan Agreement. (c)The financial position of the Cityhas, in the opinion of the Bank, suffered a materially adverse change between the date of this Loan Agreement and the scheduled time of delivery of the Municipal Bond to the Bank. 16.The obligation of the Bank under this Loan Agreement is contingent upon delivery of its General Obligation Bonds, 20__ Series _____ and receipt of the proceeds thereof. 17.The Cityagrees that it will provide the Bank with written notice of any default in covenants under the City Resolution within thirty (30) days from the date thereof. 18.The City agrees that it shall file its annual financial statement with the Municipal Securities Rulemaking Board not later than two hundred ten (210) days after the end of each fiscal year of the Cityfor the term ofthe Municipal Bond. The Cityfurther agrees that filings under this Section 18 shall be made in connection with CUSIP Nos. 01179P, 011798 and 01179R. Additional or alternate CUSIP number(s) may be added from time to time by written notice from the Bank to the City. The Cityagrees that if it shall receive from the Bank CUSIP number(s) in addition to those set forth in this Section thenit shall make its filings using both CUSIP numbers herein stated and any additional CUSIP number(s). 19.The Cityagrees that it shall not take, or omit to take, any action lawful and within its power to take, which action or omission would cause interest on the Municipal Bond to become subject to federal income taxes in addition to federal income taxes to which interest on such Municipal Bond is subject on the date of original issuance thereof. The Cityshall not permit any of the proceeds of the Municipal Bond, or any facilities financed with such proceeds, to be used in any manner that would cause the Municipal Bond to constitute a “private activity bond” within the meaning of Section 141 of the Code. The Cityshall make no use or investment of the proceeds of the Municipal Bond which will cause the Municipal Bond to be an “arbitrage bond” under Section 148 of the Code. So long as the Municipal Bond is outstanding, the Cityshall comply with all requirements of said Section 148 and all regulations of the United States Department of Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. The Cityshall indemnify and hold harmless the Bank from any obligation of the Cityto make rebate payments to the UnitedStates under said Section 148 arising from the City’suse or investment of the proceeds of the Municipal Bond. 20.Upon request of the Bank, the Cityagrees that if its bonds constitute ten percent (10%) or more of the outstanding principal of municipal bondsheld by the Bank under its General Bond Resolution, it shall execute a continuing disclosure agreement prepared by the Page 5 94 Bank for purposes of Securities and Exchange Commission Rule 15c2-12, adopted under the Securities and Exchange Act of 1934. 21.The Cityagrees that if its bonds constitute ten percent (10%) or more of the outstanding principal of municipal bonds held by the Bank under its General Bond Resolution it shall provide the Bank for inclusion in future official statements, upon request, financial information generally of the type included in Appendix D, under the heading “Summaries of Borrowers Representing 10% or More of Outstanding Principal of Bonds Issued Under the 2005 General Bond Resolution,” to the Official Statement and attached hereto as Exhibit B. 22.If any provision of this Loan Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 23.This Loan Agreement may be executed in one or more counterparts, any of which shall be regarded for all purposes as an original and all of whichconstitute but one and the same instrument. Each party agrees that it will execute any and all documents or other instruments, and take such other actions as are necessary, to give effect to the terms of this Loan Agreement. 24.No waiver by either party of any term or condition of this Loan Agreement shall be deemed or construed as a waiver of any other term or condition hereof, nor shall a waiver of any breach of this Loan Agreement be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase or other provision of this Loan Agreement. 25.In this Loan Agreement, unless otherwise defined herein, all capitalized terms which are defined in Article I of the General Bond Resolution shall have the same meanings, respectively, as such terms are given in Article I of the General Bond Resolution. 26.This Loan Agreement merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire agreement between the parties hereto in respect thereof. Page 6 95 IN WITNESS WHEREOF, the parties hereto have executed this Loan Agreement the day and year first above written. ALASKA MUNICIPAL BOND BANK By: ____________________________________ DEVEN J. MITCHELL Executive Director \[CITY\] \[BOROUGH\] OF _____________, ALASKA By: ____________________________________ ______________________________ Its: ____________________________________ Page 7 96 EXHIBIT A $____________ \[City\] \[Borough\], Alaska \[General Obligation\] \[Revenue\] Bond, 20__\[__\] (“Municipal Bond”) DuePrincipalInterest _________1Amount Rate Principal installments shall be payable on _________ 1 in each of the years, and in the amounts set forth above. Interest on the Municipal Bond shall be payable on _______1, 20__, and thereafter on ___________1 and ___________ 1 of each year. Prepayment Provisions: The Municipal Bond principal installments are not subject to prepayment prior to maturity. Optional Prepayment: The Municipal Bond principal installments due on or after _________1,20__ are subject to prepayment in whole or in part at the option of the \[City\] \[Borough\] on any date on or after _________1, 20__, at a price of 100% of the principal amount thereof to be prepaid, plus accrued interest to the date of prepayment. OHSUSA:766245999.1 Page A-1 97 98 99 100 101 102 103 104 105 106 107 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page CALL TO ORDER The December 12, 2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemonsled the Pledge of Allegiance to the flag. ROLL CALL There werepresent: Jean Bardarson, presiding and Marianna Keil Ristine Casagranda Dave Squires Sue McClure Deborah Altermatt ErikSlater comprising a quorum of the Council; and Jim Hunt,City Manager Johanna Kinney, City Clerk Will Earnhart, City Attorney Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING LutherFreemansaid the AVTEC gym contract needed improvement and wished the public had been able to provide input in the negotiations of the facility use agreement between the city and AVTEC.He didn’t think AVTEC should have ever been closed to begin withbecause it was too important to the community.The current schedule was unsettling and he hoped the city would get this matter would get better resolved. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Bardarson stated Chugach Electric was unable to attend tonight’s meeting and removed “Presentation of capital credit check and update on TRANSCO/USO by Chugach Electric”from the agenda. Bardarson took the Introduction of Ordinance 2016-009 off the consent agenda. 108 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page Assistant City Manager Ron Long requested to add a discussion item regarding consolidated dispatch be added under Other New Business Items. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 24, 2016 and the November 21, 2016 City Council Meeting Minutes. Cancel the December 27, 2016 City Council Meeting. Non-objection to the renewal of Beverage Dispensary Liquor License #1245 for Yukon Bar. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Proclamation recognizing Katelyn Correa for designing the Seward City Flag. Retrieving the Colors of Seward City logo flag and the raising of the new Official Seward City Flag in Council Chambers. Recognition of citizen Dano Michaud for volunteer work in repairing the city’s Christmas Tree on Bear Mountain. Chamber of Commerce Report. Cindy Clocksaid the chamber had recently finished a social media course. The chamber’s website, Seward.com,was temporarily down Saturday.There were 3,500 Seward destination guides going out for distributionand the 2017 guides would print mid-January.The chamber would be closed between Christmas and New Year’s.Clock announced the annual Community Awards Banquet would be February 3, 2017at the Seward Resort. As a voice of business, Clock asked the city be cognizant of competing with businesses when discussing the services provided at AVTEC. City Manager Report. Jim Huntstated nopurchase ordersbetween $10,000 and $50,000 were authorized by him since the last meeting.Public Works had been busy with the cold weather. Long thanked Dano Michaud for his efforts with the Christmas treeon Bear Mountain and noted the tree was not lit immediately because it had been vandalized.December 13, 2016 would be the last of the public sessions on the Comprehensive Plan.The first draft should be delivered mid-January by the contractors.Administration had received multiple visits from the Army Corps of Engineers regarding Lowell Canyon Tunnel.Long stated he attended the North Pacific Fishery Management Council anniversary banquet along with Council Member Casagranda. Regarding the facility use agreement with AVTEC, Long stated negotiations had gone well and he thought the city was close to doing everything that they agreed upon. He explained the city was operating on a modest schedule and obtaining public feedback on the hours of the public usage. 109 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page The schedule would change based on public needs and as funds allowed.Hunt added the council may remember the dozens of people providing testimony earlier this year as to which services and hours they would like to see. Keil was concerned with some deficiencies at the animal shelter and had heard funds for supplies was not enough for the duration of the year as they were taking donations of materials such as blankets, food, etc. Long added there was a donation drop box at City Hall as well. Casagranda emphasized the importance of the Seward Comprehensive Plan and that this document forecasted the future of the city.She invited the public to come and give input on what they wanted Seward to look like in twenty years. She was concerned there wasn’t enough public input on this planand wished the public session tomorrow night was not the last.Keil disagreed and thought there was a lot of notice of the meetings. City Attorney Report, Will Earnhart said it had been quiet.The Orionlitigation was on appeal and Orion had posted a bond so perhaps the city would be getting their money back. Orion had shown no interest in coming to an agreement on a rational settlement amount.Earnhart advised that as a general thought, any time an outside entity approachedthem business-wise, to use caution, listen and don’t take a position.This month the City Attorney worked on ordinances, contracts, and on public records. Other Reports, Announcements and Presentations Presentation on the 2015 Comprehensive Annual Financial Report (CAFR) by BDO, LLC. Kenai Peninsula Economic Development District Presentation by Tim Dillon. Presentation on the upcoming Rockwell Kent Centennial by Doug Capra. Presentation of capital credit check and update on TRANSCO/USO by Chugach Electric.(pulled from agenda) PUBLIC HEARINGS Resolution 2016-083, Authorizing A 200-Day Extension To The Lease With The U.S. Department Of Army For Lot 9A, Fort Raymond Subdivision Replat No. 1 (US Army Rec Camp). Motion (Keil/Casagranda) Approve Resolution 2016-083 Long said they were having difficulty communicating with the United StatesArmy on this lease.The lease which expiredneeded some additions and negotiations.The proposed extension put this agreement through the middle of 2017. 110 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Kelley Lanewas curious about if summer was an ideal time to negotiate a lease.She was curious as to what the challenges were and what the city would like to change. No one else appeared to address the Council and the public hearing was closed. Hunt stated they would like address Consumer Price Index (CPI) issues, rental issues, property size issues, and the charter business associated with the camp.A key factor was the performance clause,which was now being written into all new leasesof the city. It had been difficult to get in touch with someone at the U.S. Army, and when working with government entities, things took time. Long clarified this lease extension was for the Army Rec Camp, and not the recently vacated Air Force Rec Camp, which the city had not yet decided what to do with. In response to Altermatt, Long said they would be renegotiating the Army’s leases in the harbor as well. Motion Passed Unanimous UNFINISHED BUSINESS –None NEW BUSINESS Ordinance 2016-009, Amending Seward City Code 15.10.220 Development Requirements – Notes, To Allow The Minimum Lot Size Platting Of 3,000 Square Feet And Clarification Of Lot Size For Duplex Development. Motion (Keil/Casagranda) Introduce Ordinance 2016-009 Bardarson was concerned if the cityhad room for utilities for this lot size.It seemed like the objective was to make space for these utilities.She didn’t understandwhy the line designating 3,000 square foot lots and 6,000 square foot lots was drawn at Van BurenStreet. Long said they would find a way to incorporate utilities as needed. Squires stated the original town sitehad these size lots authorized already. If this was authorized, would some of the same requirements carry over? Long stated he would look up that provision. Motion Passed Unanimous (Clerk’s Note: this introduced ordinance would come back to the City Council for public hearing and enactment on January 9, 2017) 111 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page Resolution 2016-084,Authorizing A One-Time, One Percent Bonus For The City Clerk In 2016, As Previously Issued To Non-Union Regular Employees, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2016-084 Motion PassedUnanimous Other New Business Items Schedule Work Sessions to discuss Road Bond Funding and Police Wage Issues. (Suggested date: January 9, 2017)Councilscheduled a work session to discuss these topics for December 19, 2016 at 5:00 p.m. Discuss and schedule a work session on new evaluation forms for City Manager, City Clerk, and City Attorney.Council scheduled a work session on this topic for January 10, 2017 at 5:00 p.m. Discussion on the roles and duties of the Mayor and Council.(Casagranda) Discussion ensued relating to how council should receive information, either as a body or as individual members of the body. There was no objection to the continuance of the mayor meeting with the City Manager and the City Clerk on an individual basis. Discussion of the city’s use of the AVTEC Facility. (Casagranda) Long explained that staff was working on the schedule based on public input.Casagranda requested better notice to the public when the schedule changed. Discussion on consolidated dispatch services. Long stated earlier this year a public meeting was held regarding consolidating city dispatch services to the Kenai Peninsula Borough, based in Soldotna. He said there were a lot of unknowns and unanswered questions. He wanted to encourage the borough to respond to the city’s concerns. Bardarson concurred more information was better to make a decision.Council agreed with administration’srequest to ask for more information. INFORMATIONAL ITEMS AND REPORTS– None COUNCIL COMMENTS Keil thanked the high school government students for attending tonight. She wished everyone aMerry Christmas and a Happy New Year.Tonight was an interesting meeting and it showed democracy at work. 112 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page Squiresstated he would be out of state for the January 9, 2017 meeting.He thanked the local government class for attending tonight. It was good to have agreements and disagreements with elected officials in the public light.He wished everyone a Merry Christmas and a Happy New Year. McClurethanked the government students for attendingand also wished everyone a Merry Christmas. Casagrandaclarified that regarding the Seward Comprehensive Plan, she didn’t recall seeing an email noticing the November 14, 2016 public session.In the future when the city worked on a comprehensive plan she thought it was important to really notice the planning meetings. Altermattthanked the high school class for staying around. She reminded the public this Saturday was Breakfast with Santa, hosted by the Teen and Youth Center and Rotary.She gave her condolences to Jackie Wilde’s family, whose mother recently passed away.She wished everyone a safe and happy holiday season. Slaterthanked the class for coming tonight.He said Happy Holidays and told everyone to be safe. Slater thanked staff for plowing the bike path and hoped they could do the boardwalk too. Hunt thanked Dillon for coming over and trying to keep his presentation to ten minutes. Longsaid Happy Holidays and safe travels. Bardarsonalso thanked the students for coming.She encouraged the students to please contact council if they had any questions regarding city government.She wished everyone a happy holiday season. CITIZEN COMMENTS Luther Freemanspoke on the hours and rates for AVTEC gym usage.He noted in the morning hours, very few public used the facility, which seemed like a lot of expenses for little to no attendance.There was more usage from 11:00 a.m. and on.He didn’t feel like the new gym area needed to be included in the contract.Perhaps if that was eliminated the rates could be lowered and the city wouldn’t be competing with other local gyms.Freeman also noted because there was no set schedule, no one wanted to purchase an annual pass because there was no certainty of what would be provided. He askedcouncil and administration to listen to the input given by the community. The community should tell the city what it wanted, not the other way around. Andy Wilderappreciated the administration noting the new added hours.AVTEC had been open to thepublic for many years and the city should have that usage data.He didn’t know how the situation got to where it was.It seemed like the facility was well attended in the past, and didn’t understand why that had to change.Wilder alsodidn’t understand why the contract lapsing had anything to do with the hours that had been in place for the last decade.Alot of the citizens were wanting the schedule back the way it was. 113 City of Seward, AlaskaCity Council Minutes December 12, 2016 Volume 40, Page COUNCIL ANDADMINISTRATIONRESPONSE TO CITIZEN COMMENTS Longsaid they had a lot of historic data but it was not complete.They weren’t ignoring that data, they were using old data combined with the new patterns they were seeing. ADJOURNMENT The meeting was adjourned at 9:50 p.m. ____________________________________ ____________________________________ Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) 114 Agenda Statement Meeting Date: January 9, 2017 From: Johanna Kinney, City Clerk Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: This is an annual formality. Seward City Code 2.30.330 states that at the first meeting of each fiscal year, the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board. If it fails to do this, the Board will cease to exist within thirty (30) days. RECOMMENDATION: Council approve this continuation and renewthe Port and Commerce Advisory Board through January 2018. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 MEMORANDUM October o o November o o 144 December o 145 January 2017February 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa January 2017 12345671234 891011121314567891011 1516171819202112131415161718 2223242526272819202122232425 293031262728 MondayTuesdayWednesdayThursdayFriday Jan 23456 6:00pm 9:30pm P&Z WS (Library Community Room) Jan 2 - 6 910111213 7:00pm 10:30pm CC 5:00pm 8:00pm CC WS Mtg (Chambers)(Chambers) Jan 9 - 13 1617181920 6:00pm 9:30pm P&Z WS6:30pm 10:00pm HP (City Annex Building)Mtg & WS (Chambers) Jan 16 - 20 2324252627 7:00pm 10:30pm CC Mtg (Chambers) Jan 23 - 27 3031Feb 123 Jan 30 - Feb 3 Nanci Richey11/4/2017 8:56 AM 146 February 2017March 2017 SuMoTuWeThFrSaSuMoTuWeThFrSa February 2017 12341234 567891011567891011 1213141516171812131415161718 1920212223242519202122232425 262728262728293031 MondayTuesdayWednesdayThursdayFriday Jan 3031Feb 123 12:00pm 2:00pm PACAB Mtg Jan 30 - Feb 3 678910 7:00pm 10:30pm P&Z Mtg (City Annex Building) Feb 6 - 10 1314151617 7:00pm 10:30pm CC 12:00pm 2:00pm PACAB Mtg (Chambers)Work Session (Chambers) 6:30pm 10:00pm HP Mtg & WS Feb 13 - 17 2021222324 6:00pm 9:30pm P&Z WS (City Annex Building) Feb 20 - 24 2728Mar 123 7:00pm 10:30pm CC Mtg (Chambers) Feb 27 - Mar 3 Nanci Richey11/4/2017 8:56 AM 147