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Home My WebLink About10132014 City Council Laydowns 43/14 ir 5.4 Setback as Access Easement: At the termination or assignment of this LEASE,for whatever reason,the ten foot (10') setback along the eight hundred and seventy foot(870') western boundary shall become an Access Easement, and any rights of access granted to any subsequent LESSEE(S) by the CITY need not be exclusive to the LESSEE(S). 0.\Irk 11 1/0 I a > . d 0414' W-1-) 4 cti, as .....010" add CA 4() d 0. s P11414 11415 Excerpt from Seward Port & Harbor Tariff Regulations 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions,the terms and conditions of this item apply and charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and all other vessels carrying passengers for compensation. A passenger fee of $3.50 per passenger shall be paid for each passenger embarking or disembarking a vessel at a City Dock, as such term is defined in Subsection 100 hereof. The passenger fee is assessed once per passenger per excursion regardless of whether the passenger excursion is one-way or round-trip.As used in this subsection, "compensation"means payment to the vessel owner or operator whether by charter or through fares paid by or on behalf of passengers. (b) Filing of forms and payment of fees. Prior to January 1st of each year, operators of affected passenger vessels shall complete a passenger fee registration form provided by the City. Passenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided by the City, within 30 calendar days of the month following the month for which the fees are due. The City may require more or less frequent filing, depending on the account status of the filer.A return must be filed every period, even if no transactions have occurred. Failure to file a return is subject to a missed filing fee of $25 for each missed filing. Failure to remit all taxes collected or later found to be due by the due date is subject to a penalty in the amount of 10%of the amount owed, plus interest charged at the maximum rate allowed by law per year,compounded monthly. (c)Failure to file. When an operator fails to file a return,or when the city manager finds that a return filed by an operator is not properly supported,the city manager may prepare and file a return on behalf of the operator. Passenger fees estimated on a return filed on behalf of the operator may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the passenger fees stated on the return as well as any applicable penalties and interest as stated in 230(b). i Excerpt from Dept.of Commerce, Community and Economic Development Commercial Passenger Vessel Excise Tax: Community Needs, Priorities,Shared Revenue and Expenditures report,January 2014 INTRODUCTION Alaska Statute 43.52.260 requires the Alaska Department of Commerce, Community,and Economic Development(DCCED) to prepare a triennial Commercial Passenger Vessel Excise Tax(CPV)report that describes the "projected needs of communities to safely and efficiently host passengers and summarizes the extent to which appropriations of tax proceeds have been used to defray hosting costs". To prepare the CPV report, the Division of Economic Development completed key-informant interviews with one or more leaders of 17 city and/or borough governments.Managers,finance directors, harbormasters,grant managers, economic development directors, and planners contributed information on(1)how a community identifies infrastructure and services needed to host cruise ships and their passengers, (2)how the community has spent CPV revenues, and(3)the community's priorities for spending CPV revenue in the future. The results of the interviews are located in the Community Profiles section.In addition to the community profiles, this report includes trends in Alaska cruise passenger volume, an overview of CPV shared revenue, and a summary of CPV-related legislative grants. Multiple state and local government agencies are involved with CPV tax administration, revenue distribution,and reporting-each generating information in a variety of formats and timeframes(i.e., fiscal year or calendar year).Additionally, analysis of municipal expenditures and projects is complex as community expenditures oftentimes span multiple fiscal years. To simplify the reporting process, DCCED reports total cruise passengers by calendar year(2007-2013), CPV shared revenue distribution by fiscal year(FY2007-FY2014),municipal expenditures by project, total value, and approximate time frame(through FY2012),and legislative appropriations by the fiscal year for which the money is appropriated(FY2009-FY2012). ALASKA CRUISE VISITORS The cruise market is an important part of Alaska's visitor industry-representing more than half of Alaska's summer visitors. Between May and September 2013, 1,693,800 out-of-state visitors came to Alaska:59 percent were cruise visitors,37 percent entered and exited by air,and four percent were highway/ferry visitors(entered or exited the state by highway or ferry). In recent years,cruise passenger volume reached an all-time high of 1,033,100 cruise visitors during 2008;however two years of recession-related decline followed during 2009 and 2010(-1% and-14% respectively).Passenger volume stabilized during 2011 (+1%),yielded an encouraging six percent increase during 2012, and continued recovery to 999,600 cruise visitors during 2013. The 2013 cruise season marked the third consecutive annual increase in passenger volume since 2010. Cruise passenger volume was 14 percent above the 2010 low point of 878,000 and only three percent below peak cruise visitation during 2008. Of Sett._ CITY OF SEWARD Home Rule City,Kenai Peninsula Borough 40101r . 2012 Population:2,754 4t`gr FY2007—FY2014 Shared CPV Tax Revenue:$2,465,957 PROFILE manager submits final recommendations to the city The City of Seward, situated on Resurrection Bay on council for approval via resolution. the east coast of the Kenai Peninsula, is 125 highway When eligible ports of call, such as Seward, are cities miles south of Anchorage and is the gateway to the located in a borough, the city and the borough each Kenai Fjords National Park. The Port of Seward is a receive$2.50 of every$5 passenger fee shared with the "turnaround port" for cross-gulf itineraries and the port community. In addition to receiving shared CPV point of embarkation and disembarkation for many revenue directly from the State of Alaska, Seward also Alaska cruise vacations. receives CPV revenue from the Kenai Peninsula Borough after the borough assembly passed an Seward received more than 400 port calls and ordinance making the borough's share of the CPV tax exceeded one million total cruise visitors between available to Homer and Seward through giants. The 2007 and 2013.Declines in cruise visitation since 2010 ordinance stipulates that the funds must be used for are attributed to Holland America and Princess Cruise port and harbor improvements that benefit cruise ship Lines redeploying ships to Europe. passengers for purposes that comply with state law (AS 43.52.200-298, SB 256 and HB 310). Homer and Seward Cruise Ship Visitors Seward city managers submit letters to the Kenai 2007-2013 Peninsula Borough mayor to request funding. The Calendar Year Ship Calls Passengers grant request specifies how the project meets the expenditure requirements established in state law. 2007 56 156,014 2008 65 165,959 Priority Projects for CPV Revenue 2009 70 163,056 Project Type 2010 56 136,129 Shuttle bus service Passenger and vessel services 2011 54 132,779 Cruise ship dock dredging Port infrastructure 2012 51 136,892 Security float completion Port infrastructure 2013 50 125,183 Sidewalk from cruise ship dock Passenger and vessel to small boat harbor services 2007 to 2013 Total 402 1,016,012 Source:City of Seward. Source:Cruise Line Agencies of Alaska. SHARED CPV REVENUE DISTRIBUTION PROJECTED NEEDS OF COMMUNITY During the past six fiscal years,Seward received nearly To help the city safely and efficiently host cruise ship $2.5 million in shared CPV revenue from the State of passengers, Seward's finance director, harbormaster, Alaska and approximately$1.8 million from the Kenai and city manager recommend projects to be funded by Peninsula Borough through CPV grants.The highest shared Commercial Passenger Vessel Excise Tax shared revenue distribution from the State of Alaska (CPV) revenue. The Seward Chamber of Commerce, was$387,413 received during FY2010. Port and Commerce Advisory Board, and interested parties provide input and suggestions, and the city January 2014 City of Seward 28 Shared CPV Revenue Distribution projects include improved ambulance service to cruise Fiscal Boroughships,safety improvements to the cruise ship Year City Share Share(grant) Passengers* pedestrian walkway,and cruise terminal amenities. 2007 $16,222 NA 6,489 ' 2008 $367,430 NA 146,972 Shared CPV Revenue Expenditures 2009 $345,747 $383,653 138,299 Fiscal Borough Year City Share Share Projects 2010 $387,413 $345,747 154,965 (grant) 2011 $374,293 NA 149 717 2007 $16,222 NA Expansion engineering 2012 2008 $367,430 NA Timber float purchase $324,865 $1,086,570** 129,946 (security float) 2013 $343,265 NA 137,306 2009Float upland $345,747 $383,653 improvements 2014 $306,722 NA 122,689 Security float Total $2,465,957 $1,815,970 986,383 2010 $387,413 $345,747 installation;upland improvements Sources:Alaska Department of Revenue,Tax Division.Shared Taxes and Security float Fees Annual Reports (FY2007 to FY2012) and Commercial Passenger Vessel Excise Tax Legislative Review Report(2014);and Kenai Peninsula 2011 installation;upland Borough. $374,293 $0.00 improvements; *Only includes passengers that pay the CPV tax. expansion engineering **Two FY012 grants for$761,705 and$324,865. Shuttle bus;USCG 2012 $324,865 $761,705 security building;cruise LEGISLATIVE GRANTS ship dock dredging In addition to receiving shared CPV revenue, Seward Ambulance services; received legislative grants from the Commercial Vessel security dock dredging; Passenger Tax Account for capital projects to upgrade 2012 NA $324,865 cruise ship terminal paving and striping; commercial passenger vessel services and boardwalk/sidewalk infrastructure. improvements Total $1,815,970 $1,815,970 CPV-Related Legislative Grants Source:City of Seward. Fiscal Year Amount Project CONTACT Bus transportation for cruise 2010 $167,000 Kris Erchinger ship passengers Dredging cruise ship berthing Finance Director 2010 $4,500,000 basins and approaches 907-224-4064 Commercial passenger vessel kerchinger(a,cityofseward.com 2011 $300,000 harbor security-Coast Guard building relocation Security and fire protection for r, 2011 $2,000,000 ''' •,� �g commercial passenger vessels ikv ,� 4 �. � Iii . $25,000 Cruise ship boardwalk r,. , . r '2 y'tt 2012 � .: expansion ,, Harbor restrooms 2012 $130,000 ' 1 >t� A, improvements ` )~ Total $7,122,000 9- - -4-..-. Source:Alaska Division of Community and Regional Affairs. • may- -- SHARED CPV REVENUE EXPENDITURES I -,-;,,, The City of Seward uses CPV shared revenue for port infrastructure and passenger services. Plans for futurey ;•, s _ Photo:www.travelalaska.com. Fishing boats and cruise ships docked in Seward. January 2014 City of Seward 29 • KENAI PENINSULA BOROUGH ' r / 2nd Class Borough 2012 Population: 56,756 r-, • FY2007—FY2014 CPV Shared Tax Revenue: $2,559,621 ' (' PROFILE receive $2.50 of every $5 Commercial Vessel The Kenai Peninsula extends approximately 150 miles Passenger Tax (CPV) fee. Each year, the Kenai southwest from the Chugach Mountains, south of Peninsula Borough Assembly passes an ordinance, Anchorage. It is separated from the mainland on the accepting and appropriating the borough's share of west by Cook Inlet and on the east by Prince William revenue. The ordinance authorizes the mayor to Sound. Most of the peninsula is part of the Kenai distribute CPV funds to the port cities through grant Peninsula Borough, a region of nearly 57,000 agreements. To obtain a grant, the cities submit letters residents. to the borough mayor requesting the funds. They confirm that the proposed projects comply with state Two of the borough's cities, Seward and Homer, are statutes requiring funds to be used for port facilities, eligible to receive shared CPV revenue. Between 2007 harbor infrastructure, and other services provided to and 2013, the two cities received 436 port calls and the commercial passenger vessels and their passengers. over one million passengers. The City of Seward The cities provide a final narrative and financial report receives 96 percent of the borough's cruise ship to the borough after the project is complete. passengers. SHARED CPV REVENUE DISTRIBUTION During 2008, cruise visitation to the borough peaked Between FY2007 and FY2014, the Kenai Peninsula at 167,122 cruise visitors). Cruise ship visits to Kenai Borough received $2,559,621 in shared CPV revenue Peninsula Borough ports declined between 2009 and from the State of Alaska. The highest distribution 2012 after Holland America Lines and Princess amount was $406,080 received in FY2011. Cruises redeployed ships to Europe. Shared CPV Revenue Distribution Seward and Homer Cruise Ship Visitors Fiscal Year Amount Passengers' 2007-2013 Calendar Year Ship Calls Passengers 2007 $16,223 6,489 2007 56 156,014 2008 $367,430 146,972 2008 66 167,122 2009 $348,645 139,458 2009 72 164,730 2010 $391,138 156,455 2010 65 148,957 2011 $406,080 162,432 2011 68 147,769 2012 $357,553 143,021 2012 58 145,725 2013 $364,975 145,990 2013 51 125,437 2014 $307,577 123,031 2007-2013 Total 436 1,055,754 Total $2,559,621 1,023,848 Source:Cruise Line Agencies of Alaska. Sources:Alaska Department of Revenue,Tax Division.Shored Taxes and Fees Annual Reports (FY2007 to FY2012) and Commercial Passenger PROJECTED NEEDS OF COMMUNITY Vessel Excise Tax Legislative Review Report(2014). *Only includes passengers that pay the CPV tax. When eligible ports of call are cities in a borough,such as Homer and Seward, the city and the borough each January 2014 Kenai Peninsula Borough 18 SHARED CPV REVENUE EXPENDITURES The Kenai Peninsula Borough has distributed all shared CPV revenue to the City of Homer and the Shared CPV Revenue Expenditures City of Seward for passenger/vessel services and port Fiscal Year Amount Projects improvement projects. Grant to improve port 2009 $383,652.50 security and fire protection CONTACT for cruise ships(Seward) Brenda Alberg 2010 Grant to improve port Community and Fiscal Projects Manager $345,747.50 security and fire protection for cruise ships(Seward) 907-714-2153 2010 $2,897.50 Grant for port improvement bahlberga,,borough.kenai.ak.us projects(Homer) 2012 $761,705.00 Grant for port improvement projects(Seward) 2012 $35,512.50 Grant for port improvement projects(Homer) 2012 $324,865.00 Grant for port improvement projects(Seward) 2012 $32,687.50 Grant for port improvement projects(Homer) Total $1,887,068 Source: Kenai Peninsula Borough (Ordinances 2008-19-33; Ordinance 2009-19-27;Ordinance 2011-19-25;Ordinance 2011-19-79). • I '( ? _ abillakm-- Photo:The Celebrity Millennium docked in Seward. January 2014 Kenai Peninsula Borough 19 . 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Others Opposing Ballot Measure 2 Alaska Asthma Coalition Doyon Limited Alaska Academy of Family Physicians Fairbanks Chamber of Commerce Alaska Native Tribal Health Consortium Four Seasons Marine Services Alaska Association of Chiefs of Police Greater Ketchikan Chamber of Commerce Alaska Association of Peace Officers Haines Borough Alaska Conference of Mayors Ketchikan Wellness Coalition Alaska Federation of Republican Women Law Offices of Joe Miller Alaska Mental Health Trust Authority Major Marine Tours Alaska Native Village CEO Association Mat-Su Business Alliance Alaska Regional Hospital Mat-Su Valley Republican Women's Club Alaska Republican Party Midnight Sun Republican Women's Club Alaska State Chamber of Commerce Municipality of Anchorage Alaska Support Industry Alliance Premier Alaska Tours ANCSA Regional Association Restoring Liberty LLC Atmauthluak Tribal Council Swan Employer Services Bristol Bay Borough Usibelli Coal Mine Bristol Bay Native Corporation Valley Republican Women's Club City of Ketchikan Walther Dental Center Chenega Corporation Yukon-Kuskokwim Health Corporation Conservative Patriots Group Yupiit Nation Cause for Concern — It's all about the fine p rint ! • "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt , derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. • "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for us or consumption, such as, but not limited to, edible products, ointments, and tinctures. .. .. �L # om. Ax r m y. J ems' y [ c g a. J6 1 �4Pal_ K T L A . Butane Hash Oil Explosions on the Rise * Why Alaska ? Why Now? .`1opaPoli�yo Because the Washington D.C. based, Marijuana Policy Project (MPP) added Ar �� 94 Alaska to it's strategic plan. Alaska is simply a pawn in their national gp ^* strategy to bring Big Marijuana everywhere. I MPP formed the campaign and then hired signature gatherers (who are ee a�5 typically paid per signature) to stand outside businesses and badger angel Alaskans into signing their petition. FOLLOWTHE MONEY FUNDS FROM ALASK ANS Support to pass ballot measure 2 FUNDS FROM OUTSIDE SOURCES e ** m outside Alaska. THE CAMPAIGN TO REGULATE MARIJUANA BIG MARIJUANA. BIG MISTAKE, LIKE ALCOHOL VOTE NO ON 2 98.33% 41t ILI BIG y O 002IMARIJUANA BIG MISTAKE ". . .the campaign is committed to raising and spending whatever it takes to win. . ." - Taylor Bickford, Yes on 2 campaign spokesperson Not ,�1va�aPO!'cj Proponents argue that the Marijuana Policy Project is �'°` `°• simply a "nonprofit" to dismiss the fact that outside money is funding their campaign. What they cannot deny is that the MPP and the proponents do not care about Alaskans. ange`a� Here's a quote from the MPP's Executive Director. `While most people don't care about Alaska, everyone seems to agree that we cannot afford to lose a statewide legalization vote just two years after the twin victories in Colorado and Washington," Kampia said . "We absolutely must win in Alaska, lest reporters declare the legalization movement to be backsliding." Rob Kampia, Marijuana Policy Project, Marijuana Business Daily„August 22, 2014. . . . 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Hash Oil Capsules :t,; "Ear Wax" Butane Hash Oil (BHO) s r.'F. +' m Ir r ,/ , ; 6 "Shatter" f.. ,s rW, "Budder" "' t A•,Ito- • Alaskans Oppose Ballot Measure 2 Recent Polls Show That More Alaskans Would Vote No on 2 If the Election Were Held Today Ballot Measure 2 Poll Percentages 60 -0-Vote Yes(On Ballot Measure 2) 55 • ♦Vote No(On Ballot Measure 2) 524 534, u 50 49', 45 40 35 February March May August October Source: Public Policy Polling(PPP) House Majority Dittman Research The Initiative The last time a legalization initiative was on an Alaska ballot it failed , even though outside marijuana industry interests spent almost $ 1 million and opponents spent less than $30 , 000 . 56% no/44% yes . Once again , Alaskans will understand that there are too many costs with the initiative . j J Myth # 6 : " Marijuana can be regulated like Yg alcohol " • You can't regulate marijuana like alcohol because there are no clear, agreed upon or easily administered Driving Under the Influence (DUI) tests or standards for marijuana. Fatal accidents involving marijuana have gone up in Colorado. • You can't regulate marijuana like alcohol because legally it is unclear if you can even tax it. There is a lawsuit in Colorado challenging this. • You can't regulate marijuana like alcohol because under this initiative communities cannot prohibit the transportation of marijuana (including edibles, butane hash oil, and shatter) into their communities. • You can't regulate marijuana like alcohol because under the initiative there is no way to restrict the growing of marijuana, the processing of marijuana or the retailing of marijuana in unincorporated areas of the state, which is almost half of the state. • You can't regulate marijuana like alcohol because this initiative specifically makes it legal to produce dangerous butane hash oil and other substances from marijuana in any home, apartment, or condo, in any place in the state, where someone grows marijuana. • You can't regulate marijuana like alcohol because of second-hand marijuana smoke. This initiative does not give you, as a neighbor, the ability to deal with it. .. Workplace Productivity • Unlike alcohol, there are NO appropriate standards and testing available for marijuana--there is no way to ensure workforce safety, readiness and productivity. • Alaska's workers' compensation costs are already the highest in the nation. • Workers who test positive for marijuana use have 55% more industrial accidents, 85% more injuries and a 75% increase in absenteeism compared to non-smokers (Journal of the American Medical Association) • Future employees: Youth who start marijuana use in adolescence, have a 1 in 6 chance of addiction Bottom Line • There are too many serious questions with this initiative. • Colorado residents now regret legalizing marijuana and are dealing with increased youth homelessness, higher use by youths and adults, increased emergency room visits, a black market that continues to thrive and the crime is up in Denver, despite claims to the contrary. • Alcohol use has not decreased in Colorado • Colorado's and Washington's experiment are in their infancy. Alaska should wait to see how things go there before rushing into this. What is the Rush ? WAREHOUSE COSTING AND REVENUE FLOW /L1/f4 k REVENUE SOURCES SOURCE AMOUNT COMMENTS AEA Grant#7910011(Res. 2012-028) $1,400,000 Line Item for Warehouse ARCTEC Redirected Funds(from Quartz Creek) $87,500 Approved(35%of$250,000) ARCTEC Redirected Funds(from Homer Electric) $612,500 Approved (35%of$1,750,000) TOTAL REVENUE $2,100,000 All Confirmed Sources to Date FUNDS AUTHORIZED/ENCUMBERED ACTIVITY AUTHORIZED ENCUMBERED CONTINGENCY SPENT Conceptual Design Review(EPS), PR 751 $25,000 $25,000 - $19,947 Exh. Parts for Gen#3 Exh Install PO#102813-0 $10,926 $10,926 - $10,926 Foundation for Gen#6 Silencer PO#103166-0 $14,570 $14,570 - $14,570 New Roof forShed (Gen 3 &6) PO#103167-0 $18,500 $18,500 - $18,500 351R Upgrade PO#102839-00 $8,000 $8,000 - $6,332 Geotech Rep.for Ft. Ray Site PO#103250-00 $13,000 $13,000 - $11,739 Original Building PO#103427-02(Res 2013-018) $145,500 $145,500 - $145,500 Chg.#1 Found. and Insul. Upgrade(Res 2013-018) $4,914 $4,914 - $4,914 Change#2 Insulated Panels(Res. 2013-038) $121,600 $121,600 - $121,600 Anchor Bolts $1,349 - - $1,349 Shipping for Bldg, Res. 2013-018 $27,979 $30,777 $2,798 $53,108 TOTAL BUILDING COSTS $301,342 $313,993 $12,651 $338,210 Civil/Site Work, Found. Res. 2013-051 $493,190 - - $493,190 Change#2(Extra Site work per Civil Eng) $28,750 - - $28,750 Change#5(Removal of underground stumps) $5,692 $5,692 TOTAL CIVIL/SITE COSTS $527,632 $576,951 $49,319 $527,632 Erection,des/inst. heat& light, Res. 2013-061 $478,000 - - $390,400 Change#3 (Floor drains in Parking Area) $14,000 - - $14,000 Change#4(Floor drains in Parking Area) $29,815 - - $29,815 TOTAL ERECTION COSTS $521,815 $569,615 $47,800 $434,215 Concrete and Struct.St!Testing $4,900 $4,900 - $4,630 Doors PO#103496-00&103947-00 $49,226 $49,226 - $49,226 Advertizing for Procurement Req. (RFP's& ITB's) $1,839 -0- - $1,839 Salary& Benefits for Proj.Manager(Base+10%) $0 $0 - $0 Engineering for Warehouse Heat $17,966 $17,966 - $17,966 Purchase 5 Toyo Laser 73 $10,245 $10,245 $0 Purchase Electrical Components $23,294 $23,294 $0 Purchase Plumbing Components $7,325 $7,325 $0 Complete wiring $20,330 $20,330 $0 Purchase fuel tank $3,819 $3,819 $0 Kitchenette $2,481 $2,481 $0 Crew Space Construction $221,231 $221,231 $0 Furnishing,shelves, bins,etc. $45,785 $45,785 $0 TOTAL FUNDING COMMITMENTS $1,849,224 $2,259,947 $112,568 $1,455,731