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01142019 City Council Packet
City Council Chambers Beginning at 7:00 p.m. Monday, January 14, 2019 Mariah Butters & Friends at Lost Lake Trail Photo credit: Amy Haddow City of Seward, Alaska Council Agenda January 14, 2019 Page 1 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} January 14, 2019 7:00 p.m. Council Chambers David Squires Mayor Term Expires 2019 Sue McClure Vice Mayor Term Expires 2019 Suzi Towsley Council Member Term Expires 2019 Jeremy Horn Council Member Term Expires 2019 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Kelley Lane Council Member Term Expires 2020 Jeff Bridges Interim City Manager Brenda Ballou City Clerk Will Earnhart City Attorney 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5.APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS A.Proclamations and Awards 1.Polar Bear Jump-Off Festival …………………. Pg. 4 B.Borough Assembly Report C.City Manager Report ………………………………….. Pg. 5 1.Federal Lobbyist Report …………………….. Pg. 44 D.City Attorney Report ………………………………... Pg. 51 E.Other Reports and Presentations 1.Annual Port and Commerce Advisory Board Report (Terry) 2.Planning and Zoning Commission Quarterly Report (Fleming) 1 City of Seward, Alaska Council Agenda January 14, 2019 Page 2 7. PUBLIC HEARINGS – None 8. UNFINISHED BUSINESS A.Items Postponed from Previous Agenda 1. Discuss conducting the city attorney evaluation in February, 2019 and/or discuss scheduling an executive session with the city attorney. This discussion was postponed from the December 10, 2018 meeting. 9. NEW BUSINESS A.Ordinances for Introduction *1. Ordinance 2019-001, Amending City Code Title 2 To Update Sufficient Notice Of Meeting And City Council Voting Procedure. ……………………………...…. Pg. 52 *2. Ordinance 2019-002, Amending Various Portions Of Title 15.20 Signs Of The Seward City Code. ………………………………………………………......… Pg. 56 *3. Ordinance 2019-003, Amending The Time Of Adjournment Of City Council Meetings. ……………………………………………………………………… Pg. 82 B.Resolutions 1.Resolution 2019-001, Awarding A Contract For City Manager Recruitment Services To GovHR USA And Appropriating Funds. …………………………………. Pg. 85 2.Resolution 2019-002, Instructing The City Manager To Exercise His Authority Under SCC 5.01.040(A) To Cancel Certain Accounts Receivable Owed By Federally Funded Entities To The City Of Seward. ……………………………………. Pg. 89 3.Resolution 2019-003, Authorizing The Interim City Manager To Purchase Of A 2019 Dodge 1500 4x4 Truck From Anchorage Chrysler In The Amount Of $27,584 To Replace A 2004 Dodge 4x4 Truck. …………………………………………. Pg. 93 C.Other New Business Items 1.Schedule a Special Election for the Referendum of Ordinance 1975-412, An Ordinance Of The City Council Of The City Of Seward, Alaska, Rejecting The Application Of The Public Employment Relations Act To The City Of Seward.Pg.105 2.Approve the city’s participation in a borough-wide Election Stakeholders Group, appoint one member of council to be on the board, direct the city manager to be on the board, and direct the city clerk to participate as staff support for the group. Pg. 137 3.Discuss reserving time on the 2nd and 4th Mondays of each month as a pre-designated work session slot. (Lane) 4.Discuss improvements to public access through audio investments. (Lane) 5.Schedule a work session to review the 2019 budget. (Towsley) 6.Discuss eliminating the rent for the He Will Provide Food Bank. (Towsley) 7.Discuss updating the Strategic Plan. (Towsley) …………………………..….. Pg. 152 8. Discuss attending the Alaska SeaLife Center Gala on February 16, 2019. (Squires) 2 City of Seward, Alaska Council Agenda January 14, 2019 Page 3 9.Discuss supporting Robert Ruffner’s nomination to the Alaska Board of Fisheries. (McClure) …………………………………………………………………….. Pg. 172 *10. Approval of the November 26, 2018 City Council Regular Meeting Minutes. Pg. 173 *11. Approval of the December 10, 2018 City Council Regular Meeting Minutes. Pg. 183 *12. Approval of the December 11, 2018 City Council Special Meeting Minutes. Pg. 194 *13. Continue the Port and Commerce Advisory Board (PACAB) for 2019. ……. Pg.197 *14. Approval of the Retail Marijuana License #17758 for The Tufted Puffin, LLC. Pg.198 *15. Non-objection for the renewal of the Club liquor license #53 for the American Legion Post #5. ………………………………………………………………. Pg. 252 *16. Protest of the renewal of the Beverage Dispensary liquor license #822 for Seasalt Alaskan Grill & Bar. …………………………………………………………. Pg. 263 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A.On-going City Project and Goal List. ……………………………………………… Pg. 274 B.Clerk’s Report on Public Records Requests through January 4, 2019. ………… Pg. 278 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 To: The Honorable David Squires The Seward City Council Jeff Bridges, Interim City Manager Brennan Hickok, Asst. City Manager From: Brad Gilman, CJ Zane, Katherine Anderson & Sebastian O’Kelly Re: Washington Update Date: December 17, 2018 1. FY 2019 Appropriations: Congress has enacted 5 of the 12 appropriations bills for Fiscal Year 2019. Agencies and programs under the remaining 7 bills will be funded until December 21 under another short-term Continuing Resolution. Passage of these bills is wrapped up in immigration reform debates and Congress and the President reaching agreement on a funding amount for construction of a border wall between the U.S. and Mexico. 2. Mid-Term Congressional Elections – The November elections once again demonstrated America’s preference for divided government, particular during mid-term years, flipping control of the House of Representatives from Republican to Democratic while keeping the Senate in Republican hands. Since 1980, one party control of the Presidency, House and Senate has occurred in only 8 of 38 years. • House of Representatives: The Democrats have gained 39 seats so far, 16 more than was needed to gain control of the House. The current ratio is 234-199, with 2 races under recount and not yet declared. The Democrats’ margin of control will be nearly identical to the Republican margin in this Congressional session. Most of the Democratic gains occurred in suburban swing districts on the edge of major cities like Chicago, Los Angeles, Dallas, Houston, Miami, and Philadelphia and included strong support from women. In Alaska, Rep. Young won re-election by 7 percentage points. He has declared that he will run again in 2020. • Senate: The Republicans netted a 2 seat gain, increasing their majority to 53-47. They won 4 seats previously held by Democrats -- Missouri, Florida, Indiana, and North Dakota – but lost 2 races – Nevada and Arizona. The discrepancy behind Republican success in the Senate versus the House can be explained by the large number of states with incumbent Democratic Senators up for re-election that favored President Trump in 2016. In Alaska, neither Senator Murkowski nor Senator Sullivan was on the ballot. Senator Sullivan is up for re-election in 2020. 3. Coast Guard Reauthorization Act: The Coast Guard Reauthorization Act has been enacted. The following is contained within the bill: 44 • The bill permanently repeals the EPA Clean Water Act rule governing incidental discharges from all commercial fishing vessels, and small workboats and passenger vessels under 79 feet. • The bill establishes a national program for regulating ballast water releases in the marine environment. EPA is charged as the lead federal agency for developing the regulatory structure; the Coast Guard will be tasked with enforcing the regulations. Fishing industry vessels are not exempt from any future ballast water regulatory regime. We will be monitoring the ballast water regulatory process closely in the coming months. • The Amendment 80 harvesting vessel AMERICA’S FINEST has received waivers from the Jones Act and the Fishery Endorsement provision to operate in the domestic fisheries. The Fishermen’s Finest fleet of Amendment 80 vessels will be subject to statutory sideboards in the Bering Sea and Gulf of Alaska for six years from the date of enactment. • The Coast Guard will be required to develop a report to Congress describing the status of the agency’s efforts to implement the United States Coast Guard Arctic Strategy. This will include an analysis of the sufficiency of the distribution of the cutter fleet in Alaskan ports in meeting strategic objectives. The cutter fleet includes the National Security Cutters, the Offshore Patrol Cutters, and the Fast Response Cutters. 4. Infrastructure: Infrastructure is one of the issues that both Democrats and Republicans have identified for bipartisan cooperation in the next Congress. The Trump Administration is expected to make it a higher priority as well. An infrastructure package is likely to include traditional reauthorization of Federal highway and surface transportation programs, but may also be extended to other infrastructure, including ports, harbors and broadband. In the last Congress, the Administration unveiled a proposal that focused heavily on tax credits and other incentives to spur greater private sector investment in public infrastructure. Democrats support some level of private sector incentives but not as a replacement for greater investment in traditional Federal transportation formula programs. There are a number of issues yet to be determined, including the amount of investment and how it will be “paid for” in terms of revenue raisers such as an increase in the Federal gas tax. Democrats favor such an increase while Republicans are more reticent, although the President has publicly raised a gas tax increase as worth considering. Another issue to be determined is whether the package would include earmarks. 5. Earmark Update: The House Democratic Leadership has posed restoration of earmarks as a matter for consideration in the new Congress. Rep. Steny Hoyer (D-MD), the number two Democrat in the House, Rep. Nita Lowey (D-NY), the future Chairman of the House Appropriations Committee, and Rep. Peter Defazio (D-OR), the incoming Chairman of the House Transportation & Infrastructure Committee, are all on record in support of bringing earmarks back. There is also support from some House Republicans, notably Rep. Don Young. If the House moves to restore earmarks, the Senate is likely to follow suit. Both Senators Murkowski and Sullivan support a return to earmarks for state and local infrastructure projects. 6. TUSTAMENA Replacement Vessel: The Alaska Marine Highway System’s vessel replacement program for the TUSTAMENA has been delayed pending approval of waivers from the Buy America Act. Since the AMHS received the majority of the funding from Federal 45 sources for the replacement vessel, the Buy America Act is applicable and the materials, equipment, and components of the ship must be manufactured in the U.S. unless there is no domestic source available. A waiver from the Act is required for each item that cannot be obtained from U.S. sources. The Trump Administration has stiffened the process for obtain Buy America Act waivers. AMHS has been working with U.S. DOT officials to narrow its Buy America Act waiver application so that the ship can go out to bid. 7. New Trade Negotiations: The Trump Administration has provided a 90-day notice to Congress of its intent to begin bilateral trade negotiations with Japan, the United Kingdom, and the European Union. There are tariff and non-tariff barriers in each that adversely impact Alaskan fish exports. Under the Trade Promotion Authority, the Trump Administration must publish detailed negotiating objectives at least 30 days prior to the initiation of the trade talks. Separately, President Trump and Chinese President Xi Jinping have announced a “truce” in the U.S.-China trade dispute pending further negotiations over the next 90 days. We expect the Alaska Congressional Delegation to push the U.S. Trade Representative to add tariff and quota elimination for U.S. fish products to the list of objectives to be accomplished in all these trade discussions. 8. FY 2019 Coast Guard Funding: Funding for the Coast Guard is included as part of the FY 2019 Department of Homeland Security Appropriations Bill and thus caught up in debate over construction of the border wall on the U.S.-Mexico border. The Senate bill provides $1.6 billion for the wall while the House bill provides the full $5 billion requested by President Trump. It also has less money for Coast Guard infrastructure and vessel accounts, in part in order to fund the wall. If the House position on Coast Guard funding prevails, there could be a delay in completing the shoreside infrastructure improvements for the deployment of the new Fast Response Cutter in Seward. The President has threatened to veto the bill without the full $5 billion. This is a debate that will go right to the end of the Congress before we know the outcome. 9. Fisheries & Oceans: • Pink Salmon Disaster Relief: After a short public comment period, the State of Alaska has submitted a final plan for distribution of the $56 million allocated for the 2016 pink salmon disaster. The plan is currently under review by NOAA and then must be approved by the Office of Management and Budget. The Pacific States Marine Fisheries Commission will serve as the fiscal agent processing relief applications and cutting checks. We anticipate final Federal approval of the plan by the end of the month or in January. • Magnuson-Stevens Act (MSA) Reauthorization: As noted in previous reports, the House has passed legislation (HR 200) to reauthorize the MSA. Senator Sullivan’s staff has recently circulated a draft Senate version, with highlights set out below. We do not see a bill being enacted this year. The draft includes definitional clarifications; changes to the financial conflict of interest rules for the Regional Fishery Management Councils; changes to the harvest quota requirements for ecosystem component species and short- lived species; flexibility to set harvest quotas over multiple years; greater consideration for economic, social, and ecological factors in establishing harvest quotas; elimination of 46 the mandatory 10 year rebuilding requirement for overfished fisheries in favor of a more flexible approach; a requirement for a streamlining review of the overlapping NEPA and MSA evaluations of fishery management plan amendments; a requirement to modernize and streamline NOAA’s fisheries data system; requirements for electronic monitoring going forward; allowance for greater State involvement in fishery data collection, including grant funding to States to enhance recreational data collection; the creation of a National Sea Grant funding program to help train and retain young commercial fishermen; a requirement to assess the impacts on fishery-dependent communities before Limited Access Privilege Programs are approved; and authorization for the Secretary of Commerce to apply revenues to fines and fees from fisheries enforcement actions to improving stock assessments. The bill does not include the provision clarifying that the MSA process supersedes the Marine Sanctuaries Act, the Antiquities Act, and the ESA in the regulation of fishing activity in Federal waters. The proposal also has certain specific provisions: n An old provision of the MSA allowing the State of Alaska to manage non- Alaskan vessels operating in federal fisheries without a Fishery Management Plan would be re-activated. n A 10% set-aside of any future allocation of harvest quota in the Arctic region (currently subject to an indefinite fishing moratorium) is mandated for a community development quota for coastal villages located within 50 nautical miles from the baseline from which the breadth of the territorial sea is measured north and east of the Bering Strait. n Deadlines are established for the Secretary of Commerce to make Fishery Resource Disaster determinations. n Allows the State of Alaska to develop a fishery management plan inside of Glacier Bay, including the transfer of a lifetime access permit to commercial fish in such waters at any time, to an immediate family member of a valid permit holder. n Existing law is amended to require the reallocation of pollock quota controlled by the Aleut Corporation in the Aleutian Island sub-region of the Bering Sea to be harvested in the Eastern Bering Sea sub-region. n A provision is included to require Pacific cod harvested in the Aleutian Island sub-region to be delivered to shoreplants in either Adak or Atka. n The North Pacific Fishery Management Council is given authority to assess halibut charter vessel operators fees in Regulatory Areas 2C and 3A. The fees would be used to fund the Recreational Quota Entity program, halibut conservation and research, and other activities promoting the halibut resource. 47 • Aquaculture: Representative Steven Palazzo (R-MS) has introduced H.R. 6966, legislation designed to promote industrial aquaculture operations in federal waters. The primary purpose of the legislation is to provide a streamlined permitting process for approving aquaculture operations. A Louisiana federal court has already ruled that the Magnuson-Stevens Act does not give the National Marine Fisheries Service authority to permit commercial aquaculture operations in federal waters. This is a companion bill to one introduced earlier by Senator Roger Wicker (R-MS). In a separate action, the NOAA Sea Grant program awarded $11 million for 22 projects to advance the development of marine and coastal aquaculture in the U.S. The grants are intended to support the development of new systems and technologies; developing methods of communicating information about the benefits and risks of U.S. marine aquaculture to the public; and increasing the resiliency of aquaculture systems to natural hazards. • USDA Pollock Purchase: The U.S. Department of Agriculture has partially approved an Alaska Seafood Marketing Institute application for the purchase of Wild Alaska Pollock as part of the Section 32 Program. ASMI had originally requested the USDA purchase $100 million worth of Wild Alaska Pollock, but the Department settled on $30 million in purchases. The approval was made in recognition of the impact of the retaliatory import tariffs imposed by the Chinese on Wild Alaska Pollock. The two Alaska Senators weighed in with USDA in support of the ASMI application. • Alaska Salmon Hearing: On October 20, Senator Dan Sullivan held a Senate Commerce Committee field hearing on issues relating to the conservation and management of Alaska salmon stocks. Testimony explained the overlapping relationship between Federal and State regulatory authorities and the efforts being made by the regulators to coordinate science and management. Testimony highlighted scientific concerns over the impact of the 2014-16 warm water phenomenon in the Gulf of Alaska (e.g. the “Blob”) on poor salmon recruitment; significant ocean predation by salmon sharks; competition with hatchery-produced fish; changes in food web dynamics; and impacts of invasive species such as Elodea and pike in the river systems of Southcentral Alaska. There were also calls from Western Alaska groups for greater co-management between Tribes and Federal and State authorities, with greater consideration of traditional knowledge. Testimony also described the success of data gathering programs in Western Alaska using local residents. • Marine Mammal/Fishery Interactions List: NMFS has issued a proposed rule for public comment revised its list of commercial fisheries for 2019 that will be covered under Marine Mammal Protection Act restrictions for impacts on marine mammals. Fisheries are listed under Categories I, II, or III, with fishing restrictions, permitting, observer and reporting requirements highest in Category I and lowest or not applicable in Category III. For Alaska, there are no proposed changes in terms of moving a fishery into a different category and therefore subjecting it to increased oversight and regulation. There are currently no Category I fisheries in Alaska. A number of Category II and III fisheries will have to report and account for gear interactions on several new marine mammal species (other fisheries in these categories are already accounting for these species and will continue to have to do so). This includes humpback, bowhead, sperm, 48 beluga and killer whales; Western stock of Steller sea lions; and harbor, bearded, spotted and northern fur seals. • Marine Mammal Protection Act Amendments: The House Committee on Natural Resources has reported H.R. 3133, legislation to amend the Marine Mammal Protection Act of 1972 to reduce current permitting requirements. Both the MMPA and the Endangered Species Act employ the concept of “take” to refer to prohibited activities. “Take” includes harassment of marine mammals. “Level A” harassment is directed at activities which could injure a marine mammal while “Level B” includes harassment with the potential to disturb a marine mammal. Entities must seek permits (“Incidental Harassment Authorizations or “IHAs”) to engage in activities determined by the National Marine Fisheries Service to lead to Level A or Level B harassment. The bill would reduce the standards for evaluating harm and curtail mitigation measures imposed through the issuance of IHAs. The legislation was reported on a partisan vote, with the Minority filing dissenting views. This has been an issue in a number of Alaskan port communities, where pile driving for new float systems was delayed pending the issuance of an IHA. • Sea Lion Lethal Take Approval: The National Marine Fisheries Service has approved an application submitted by the Oregon Department of Fish and Wildlife under the Marine Mammal Protection Act to lethally remove California sea lions present at the Willamette Falls in order to protect endangered returning runs of winter steelhead and spring Chinook. Oregon submitted results of internal analyses showing that the high level of predation by California sea lions on winter run steelhead increased the probability of extinction by roughly 90%, and increased the extinction risk on Chinook by 10-15%. The estimated population of California sea lions, in contrast, was 296,750 animals in 2016. Legislation is pending in the Senate that would authorize the lethal take of endangered Steller sea lions harming endangered steelhead and salmon populations in the Columbia and Williamette Rivers. The House has passed its version of the bill. • Aleutian Island EFP: The Aleut Corporation has submitted an application to the National Marine Fisheries Service for an exempted fishing permit (“EFP”) to test methods to minimize bycatch of Pacific ocean perch (“POP”) in the Aleutian Islands pollock fishery. The proposed objective of the EFP is to develop an economically viable AI pollock fishery under current POP abundance levels. Testing will be conducted in the fishery’s winter “A” season in 2019 and 2020. • Fisheries-Based Climate Change Lawsuit: The Pacific Coast Federation of Fishermen’s Associations (“PCFFA”) has sued multiple oil companies under California law over the alleged economic damages caused by carbon dioxide emissions. PCFFA has alleged in the lawsuit that the ocean warming trend in the Eastern Pacific has been caused by fossil fuel-related CO2 emissions. The Association has asserted that the warming has triggered a pattern of toxic algal blooms, forcing closures to West Coast Dungeness crab fisheries. 49 10. Miscellaneous • Alaska Native Veterans: The Senate Energy Committee has reported S. 785, legislation providing for the allotment of a parcel of federal land to Alaska Native Veterans. The bill was sponsored by Senator Lisa Murkowski and co-sponsored by Senator Dan Sullivan. • Readiness Subcommittee: Senator Dan Sullivan has been named to be the Chairman of the Readiness Subcommittee of the Senate Armed Services Committee. This subcommittee oversees all the military branches with respect to their capability to fulfill mission requirements. He replaces Senator James Inhofe (R-OK), who has become the Chairman of the Senate Armed Services Committee with the passing of John McCain. • Opioid Response Legislation/Grants: The President has signed into law the SUPPORT for Patients and Communities Act. The legislation directs funds to federal agencies and states to make addiction treatment a priority. The law also sets it place policies to prevent over-prescription, train law enforcement officials to intercept opioid shipment, and target the drug fentanyl at U.S. borders. The bill passed with an overwhelming bipartisan majority in both the House and Senate. All three Members of the Alaska Delegation were strong supporters of the initiative. The Department of Health and Human Services has awarded Alaska $10.4 million in opioid grant funding. The State of Alaska is receiving $4 million for its emergency response program. The remainder is distributed to 24 community health care centers around Alaska. • Pre-Existing Conditions Legislation: Senator Murkowski has joined eight other Republican Senators in introducing the Ensuring Cover for Patients with Pre-Existing Conditions Act. The bill is in response to the uncertainty created by the lawsuit Texas v. United States. The State of Texas is challenging whether protections for patients with pre-existing conditions are mandatory under federal law. • EPA “Water Of The U.S. (WOTUS)” Rule – The Trump Administration has announced that the EPA and the Army Corps will issue a new proposed rule implementing the WOTUS rule after earlier withdrawing the rule issued during the Obama Administration. The rule is expected to be narrower in scope in terms of subjecting certain waterways that are smaller or temporary in nature to the full Clean Water Act permitting process. Environmental groups are gearing up to oppose it. The proposed rule will be open for public notice and comment before a final rule is issued. 50 51 Sponsored by: City Clerk Introduction Date: January 14, 2019 Public Hearing Date: January 28, 2019 Enactment Date: January 28, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY CODE TITLE 2 TO UPDATE SUFFICIENT NOTICE OF MEETING AND CITY COUNCIL VOTING PROCEDURE WHEREAS, on December 10, 2018, the Seward City Council held a work session to review the City Council Rules of Procedures, and as a result, there were two areas of City Code identified that need updating; and WHEREAS, one item relating to the practice of providing notice of a special meeting will be updated to accommodate a more modern approach of using e-mail as a delivery method; and WHEREAS, another item to be addressed is a discrepancy between the Charter versus the City Code as it relates to council’s voting procedures; the Charter prohibits a member of City Council to abstain from voting on any agenda item, save for when the Council Member declares a potential conflict of interest and is ruled to have “a substantial direct or indirect financial interest”; and WHEREAS, City Code is being updated in Section 2.10.032 – Notice of Meeting to more accurately reflect current procedure, and Section 2.10.035 - Voting to uphold the Charter language and intent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code TITLE 2 – ADMINISTRATION is hereby amended as follows: (Deletions are Bold Strikethroughs; Additions are Bold Italics.) 2.10.032 - Notice of meeting. The city clerk shall give at least twenty-four hours' written notice to the mayor, city manager, and to each councilmember of all special meetings and work sessions, designating the time, location and purpose of the meeting. Such notice shall be served personally on each member of the council, or left at his usual place of business or residence, by the city clerk or by someone designated by him. A copy of such notice shall also be delivered to the place of business of each newspaper printed and published in the city and each radio station, but this requirement shall not be jurisdictional to the holding of such meetings. Notice delivered via e- 52 CITY OF SEWARD, ALASKA ORDINANCE 2019-001 ________________________ mail and telephonically to each Council Member and the City Manager, and posted in three public places at least 24 hours prior to the meeting, shall suffice as proper notice. 2.10.035 - Voting—Sequence, procedure, conflicts of interest. (a) The voting sequence of the council shall be alternated for each meeting by the city clerk. (b) Any vote of the council may be by voice vote upon demand of any member, either prior or subsequent to any vote. Such vote shall be by roll call. Each member shall answer by the word "yes" or "no." The vote of any member who is present at a meeting and who refuses or fails to cast a vote on a matter upon which he is qualified to vote shall be cast on the side receiving the greatest number of votes. In the event of a tie vote, a vote so cast shall be cast as a "no" vote. (c) No member of the council may discuss or vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the beginning of debate on the question for a ruling on a request from the member with the financial interest to be excused from the discussion and vote. The decision of the presiding officer on a request by a member of the city council to be excused from discussion and a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. (d) A municipal employee or official, other than a member of the city council, may not participate in an official action in which the employee or official has a substantial financial interest. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 28th day of January, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: 53 COUNCIL AGENDA STATEMENT Meeting Date: January 14, 2019 To: Honorable Mayor and Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2018-001, Amending City Code Title 2 To Update Sufficient Notice Of Meeting And City Council Voting Procedure. BACKGROUND & JUSTIFICATION: The Seward City Council relies heavily on the City Council Rules of Procedures (CCROP) to provide them with clear guidelines for conducting the business of the city. The CCROP is an extraction of the City Code and Charter, presented in an easy-to-read format that highlights the most practical aspects of council procedures. It is a time-saving document that enables council members to scan the rules and procedures quickly and easily. On December 10, 2018, council conducted a work session to review the CCROP. The intent of the work session was to both refresh council and the public with the rules and procedures, and to ensure that the content was aligned with the City Code and Charter. During the work session, two areas were identified that required additional review: Notice of [Special] Meeting, and [Council] Voting [Procedures]. Seward City Code Section 2.10.032 – Notice of Meeting refers to noticing special meetings. The language, although accurately reflecting the Charter, does not accommodate more modern forms of notice delivery – specifically, the use of e-mail. The use of e-mail, in conjunction with telephonic notice, and posting notices in three public places, is being added to the code to allow for this delivery mechanism. Seward City Code Section 2.10.035 – Voting – Sequence, Procedure, Conflicts of Interest is being addressed by eliminating of some code language that is not in keeping with the Charter provisions. Seward Charter 3.5, as pointed out in a May, 2018 training by City Attorney Holly Wells, does not allow for a council member to abstain from voting, unless they are ruled to have a conflict of interest. The code language change will therefore clarify that no member of council may abstain from voting on a matter upon which they are qualified to vote (i.e., for which they have no conflict). INTENT: The intent of this Ordinance is to update City Code to more accurately reflect modern notice delivery mechanisms, and to uphold the Charter regarding council member voting procedures. 54 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here) : X 3. Other (list): Seward Charter 3.5 X FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City. Approved by Finance Department: ______Yes_________________________________ ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-001. 55 Sponsored by: Planning & Zoning Commission Introduction Date: January 14, 2019 Public Hearing Date: January 28, 2019 Enactment Date: January 28, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING VARIOUS PORTIONS OF TITLE 15.20 SIGNS OF THE SEWARD CITY CODE WHEREAS, the Seward City Sign Code has been periodically updated since its adoption in 1986; and WHEREAS, the Planning & Zoning Commission held public discussions on sign code updates at their July 17, 2018 and October 16, 2018 regular meetings; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its December 4, 2018 meeting, the Planning & Zoning Commission held a public hearing and recommended City Council approval of the proposed sign code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 15.20 Planning and Land Use Regulations, Seward Sign Code is hereby amended to read as follows: (Deletions are Bold Strikethroughs; Additions are Bold Underline.) Chapter 15.20. - Signs 15.20.015. - Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework. National flags, state or municipal flags, or the official flag of any institution or non- commercial organization business shall not be considered banners. * * * * * 56 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 ________________________ Political sign. A temporary Any poster or sign used for the purpose of advertising, promoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. * * * * * Real estate sign. A temporary sign which is used to offer for sale, lease, or rent the property upon which the sign is placed (see also "temporary sign"). (Note: cross reference deleted since none of the other temporary signs (political, construction) in this chapter contained the cross reference) 15.20.020. - Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Administrative Official, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the administrative official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Administrative Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Administrative Official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. 15.20.021 – Measurement Standards The following regulations shall control the computation and measurement of sign area and sign height: A. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 57 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 ________________________ 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with 12.01.020, and is clearly distinguishable from the sign face area, sh all not be considered sign area. B. For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. C. For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. E. The height of a freestanding sign shall be measured fr om the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. 15.20.025. - Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the administrative official shall make determinations. C. Except when approved by the City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. D. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. 58 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 ________________________ If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. E. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. F. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. G.The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. H. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. I. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. L. J. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. K. No sign shall exceed the roofline of a building within any historic district. N. L. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O. M. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. P. N. Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Q. O. Projecting signs (fin or right angle signs) are subject to the following limitations: 1. One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 59 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 ________________________ 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. 15.20.030. - Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; * * * * * J. Structure or improvements intended for a separate use, such as phone booths, donation containers, product dispensers, trash receptacles or recycling boxes; * * * * * O. Signs on vehicles, operated during the normal course of business, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); * * * * * R. Temporary signs may be posted for not more than 30 days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts 2. Temporary signs may include banners, flags, or pennants. 3. Temporary signs may not exceed twelve (12) square feet in residential areas and thirty-two (32) square feet in commercial or industrial districts. 4. Temporary signs referencing a date or event must be removed within ten days following the date or event. 5. Special noncommercial event signs may be erected two weeks prior to the event R. Temporary signs for the purposes listed below which shall be removed upon completion of the activity or project denoted by the sign: 1. Grand opening and sale signs may be posted for not more than 30 days; these signs may include banners, flags, pennants, ribbons, streamers, or balloons; 2. Special noncommercial event signs may be erected two weeks prior to the event; 60 CITY OF SEWARD, ALASKA ORDINANCE 2019-002 ________________________ 3. Real estate signs not exceeding six square feet in residential areas and 32 square feet in commercial and industrial districts; 4. Construction signs not exceeding 32 square feet and limited to one such sign per street frontage; 5. Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 6. Garage sale signs located at the site of the sale. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 28th day of January, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ Brenda J. Ballou, MMC City Clerk (City Seal) 61 62 City Council Agenda Statement Ordinance 2019-002 Page 2 of2 Seward City Code§15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. As per Seward City Code §15.01.040 the Planning and Zoning Commission held public hearings on December 4, 2018 and approved P & Z Resolution 2018-017, recommending City Council approve the attached Ordinance, amending Seward City Code Titles 15, relating to signs. FISCAL NOTE: Implementation of the code amendment will have no direct cost to the City. Approved by Finance Department: J/1Ad1;:;;:) J wa75� ATTORNEYREVIEW: Yes_�X�_No ___ NIA__ RECOMMENDATION: The Planning and Zoning Commission recommends the City Council approve Ordinance 2019-002, amending various portions of Seward City Code 15 .20 Signs. 63 64 65 66 67 68 69 70 Full text of Chapter 15.20 signs, with proposed code changes in REDLINE for EASY review only Council Meeting 01/28/2019 Chapter 15.20. - Signs 15.20.010. - Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015. - Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework. National flags, state or municipal flags, or the official flag of any institution or non-commercial organization business shall not be considered banners. Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign. A sign containing no advertising, and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Electrical sign. A sign lit or put in motion by means of electrical power. Facade (false front). A false, superficial or artificial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Flashing sign. A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign). A permanently mounted, self-supporting sign supported from the ground by means of poles, standards, or any other type of base. 71 Illuminated sign. A sign illuminated in any manner by an artificial light source. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business. Identification sign. A nonelectric sign limited to the name, address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view, to indirectly project illumination onto a sign which is, itself, not internally lit. Marquee (canopy or awning). A permanent roof-like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. Nameplate. A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign. Any sign which was legally erected, but does not now conform to the regulations of this chapter. Off-premises sign (billboard). A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off-site, or outdoor advertising sign. On-premises sign. A sign which pertains to the use of the premises on which it is located. Parapet. The extension of a false front or wall above a building roofline. Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Political sign. A temporary Any poster or sign used for the purpose of advertising, promoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign. A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. Readerboard sign (bulletin board). A sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy. Real estate sign. A temporary sign which is used to offer for sale, lease, or rent the property upon which the sign is placed (see also "temporary sign"). (Note: cross reference deleted since none of the other temporary signs (political, construction) in this chapter contained the cross reference) Roof sign. Any sign erected over or on the roof of a building. Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line, whichever forms the line of the building silhouette. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right- of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Sign area. The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which 72 are solely incidental to the display itself provided the same do not contain any lettering, wording, designs, or symbols. When two identical signs faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculating total sign area. Sign height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of- way, other than an alley. In the event a sign is equidistant from more than one improved public right-of- way, none of which are alleys, the highest point shall be used. Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures which present a V-shape appearance and having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. Sign structure. A structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign. A temporary sign or poster affixed to a tree, fence or utility pole. Special events sign. Signs that announce a civic, cultural, unique or random event. Street frontage. The length of a property line that borders a public right-of-way which provides the principal means of access. Alleys, public parking lots, emergency access and/or pedestrian easements are not generally considered as public rights-of-way for purposes of this definition. Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only. Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe and orderly flow of traffic. Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall, which includes windows and doors. Window sign. All signs located inside and affixed to or within three feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.020. - Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Administrative Official, as defined under section 15.01.015, a written application and obtaining a sign permit. B. In case any provision in this chapter shall be held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected thereby. C. B. When a sign permit is issued by the administrative official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior 73 approval of the Administrative Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Administrative Official. D. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. E. D. Fees shall be set by resolution of the City Council. F. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. G. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. (Ord. 98-02) 15.20.021 – Measurement Standards The following regulations shall control the computation and measurement of sign area and sign height A. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with 12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area B. For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. C. For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. E. The height of a freestanding sign shall be measured from the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. 74 15.20.025. - Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the administrative official shall make determinations. C. Except when approved by the City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. D. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. E. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. F. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. G.The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. H. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. I. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. L. J. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. K. No sign shall exceed the roofline of a building within any historic district. N. L. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. 75 O. M. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. P. N. Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Q. O. Projecting signs (fin or right angle signs) are subject to the following limitations: 1. One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.030. - Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet (directional signs contain no advertising); F. Signs advertising subdivision tract developments of two or more acres, not exceeding 32 square feet and limited to one such sign per street frontage; G. Incidental signs not exceeding four square feet each; H. Notices and warning signs of not more than two square feet each in area, i.e., vacancy, no trespassing, beware of dog; I. Point of purchase advertising displays; J. Structure or improvements intended for a separate use, such as phone booths, donation containers, product dispensers, trash receptacles or recycling boxes; 76 K. Suspended signs provided they do not extend farther from the building facade than the marquee or canopy to which they are attached, do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One sign per pedestrian entrance; L. Signs or scoreboards on athletic fields intended for on-premises viewing; M. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; N. Two-sided or three-sided signs mounted on the roof of a vehicle for hire (as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side; signs on the side of said vehicle not exceeding four square feet; or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; O. Signs on vehicles, operated during the normal course of business, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); P. Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; Q. Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; R. Temporary signs may be posted for not more than 30 days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts 2. Temporary signs may include banners, flags, pennants, ribbons, streamers, or balloons. 3. Temporary signs may not exceed twelve (12) square feet in residential areas and thirty-two (32) square feet in commercial or industrial districts. 4. Temporary signs referencing a date or event must be removed within ten days following the date or event. 5. Special noncommercial event signs may be erected two weeks prior to the event R. Temporary signs for the purposes listed below which shall be removed upon completion of the activity or project denoted by the sign: 1. Grand opening and sale signs may be posted for not more than 30 days; these signs may include banners, flags, pennants, ribbons, streamers, or balloons; 2. Special noncommercial event signs may be erected two weeks prior to the event; 3. Real estate signs not exceeding six square feet in residential areas and 32 square feet in commercial and industrial districts; 4. Construction signs not exceeding 32 square feet and limited to one such sign per street frontage; 5. Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; 77 provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 6. Garage sale signs located at the site of the sale. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.035. - Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: A. Any sign contrary to the provisions of this chapter; B. Signs within any sight distance triangle or right-of-way, unless otherwise authorized; C. Signs attached to, or placed on, vehicles or trailers which are parked or located for the primary purpose of displaying said sign (see also signs allowed without permits—vehicles with signs used in the normal course of business); D. Off-premises signs and/or billboards except the posting of temporary signs relating to civic events subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except sandwich boards provided that they do not exceed ten square feet per side and are located entirely on private property; G. Signs which interfere with radio and television reception; H. Flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of title 15; J. Banners, clusters of flags, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030R.; K. Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L. Abandoned signs or sign structures; M. Signs imitating or resembling a traffic-control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N. Projecting signs and freestanding signs fronting alleyways; O. Signs advertising a home occupation. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.040. - Sign standards by zoning district which require permits. All signs, except those specifically allowed without permits, shall be calculated in determining the total square footage of sign area on a parcel. 78 A. Residential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect lighting. 1. Signage for churches, public and quasi-public institutions, including schools and municipal buildings may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c. The height of any freestanding signs shall not exceed eight feet. 2. Multiple family (two- to four-unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B. Office residential, auto commercial, and industrial districts. 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.025L. or O. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.025L. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under-marquee signs, 15.20.025O. for projecting signs). D. Harbor commercial district. 79 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025L. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under-marquee signs, and section 15.20.025O., for projecting signs.) E. Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and c. Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050. - Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. A. Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of the sign, or be relocated, except into conformance with this Code; 3. Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. 80 B. Nothing in this section shall relieve the owner or user of a nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this Code regarding the safety, maintenance and repair of signs. C. An illegal sign is any sign within the city limits which does not comply with the requirements of this Code or previous codes at the time the sign was erected, and which is not eligible for characterization as nonconforming. The city may immediately remove any sign located on city property or right-of-way. (Ord. 98-02) 15.20.055. - Variance procedure provided. A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B. Fees for sign variances shall be set by resolution of the city council. (Ord. 98-02) 81 Sponsored by: Bridges Introduction Date: January 14, 2019 Public Hearing Date: January 28, 2019 Enactment Date: January 28, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE TIME OF ADJOURNMENT OF CITY COUNCIL MEETINGS WHEREAS, Seward City Code 2.10.031 puts a time limit on city council meetings at 10:30 p.m. at which no further business can be acted upon regardless of the agenda; and WHEREAS, this 10:30 p.m. time restraint has caused the council to delay business to the next day or to another meeting; and WHEREAS, reconvening the following morning to complete a city council meeting agenda can cause a hardship on council members and the public who work during the day; and WHEREAS, it is the intent of the city council to complete its business each meeting, thus it seeks to extend the time for meeting adjournment and provide for a further extension of time with affirmation of the council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code 2.10.031 is hereby amended as follows: (Deletions are Bold Strikethroughs; Additions are Bold Italics.) 2.10.031 - Meetings—Time restrictions, uncompleted agenda. (a) The council shall take no official legislative or adjudicatory action or address any other item on the agenda after 10:30 11:00 p.m. and shall adjourn any regular or special meeting no later than 10:30 11:00 p.m. The time for conclusion of legislative business and adjournment is mandatory unless extended to 12:00 a.m. by vote of council. In the event that the legislative or adjudicatory business has not been completed by the time set herein, the council may adjourn the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) If the meeting is adjourned without making other provision for completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled council meeting under the agenda section for unfinished business. 82 CITY OF SEWARD, ALASKA ORDINANCE 2019-003 ________________________ (c) The council shall not adjourn prior to 10:30 p.m. 12:00 a.m. unless all presentations and comments by members of the general public have been heard. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 28th day of January, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ Brenda J. Ballou, MMC City Clerk (City Seal) 83 84 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR CITY MANAGER RECRUITMENT SERVICES TO GOVHR USA AND APPROPRIATING FUNDS WHEREAS, City Administration issued a request for proposal for recruitment services in order to fill the vacant City Manager position; and WHEREAS, the request was properly advertised in a newspaper of local circulation for the required two-week period and sent to a variety of state and national recruitment firms; and WHEREAS, the City received five proposals properly submitted and opened publicly by the Assistant City Manager and City Clerk on December 21, 2018; and WHEREAS, Seward City Council held a work session on January 3, 2019 to score and discuss the proposals; and WHEREAS, Seward City Council identified GovHR USA as the proposal best suited for the fulfillment of the Seward City Manager position; and WHEREAS, the contract with GovHR USA consists of a recruitment fee of $14,000, expenses not to exceed $6,500 and advertising fees of up to $2,500. Additional expenses will be incurred for the travel and accommodations for candidates interviewed; and WHEREAS, GovHR USA will conduct additional recruitment services for the cost of expenses and announcements if the selected candidate separates from the City within 24 months of a contract agreement. 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 contract with GovHR USA, an executive recruitment service, for the purposes of hiring a city manager, in substantial form as attached hereto. Section 2. Funding in the amount of $23,000 is hereby appropriated from the General Fund Reserves account no. 01000-0000-3400 to the city manager contracted services account no. 01000-1120-7009. Section 3. This resolution shall take effect immediately upon adoption. 85 Meeting Date: To: From: Agenda Item: Agenda Statement January 14, 2019 Seward City Council ./11 Jeff Bridges, Interim City Manage City Manager Recruitment Servi� BACKGROUND & JUSTIFICATION Seward City Council directed Administration to advertise a Request for Proposal for executive recruitment services. The request was properly advertised per Seward City Code and sent to a variety of State and National recruitment firms. The City received five proposals, all deemed to have been properly submitted by the City Clerk and Assistant City Manager during the proposal opening on December 2151, 2018. Seward City Council held a work session on January 3rd, 2019 to review, score and discuss the proposals and select their desired firm. Council identified that the proposal submitted by GovHR USA was best suited for the fulfillment of the Seward City Manager position. INTENT: To authorize the Interim City Manager to sign and award a contract with Gov HR USA for City Manager recruitment services for a total project cost of $23,000 ($14,000 recruitment fee, $6,500 for recruitment expenses and $2,500 for advertising costs). CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan X Strategic Plan: The mission of the City of Seward government it is to 2. provide quality leadership, operate efficiently and be responsive to the X desires of its residents 3. Other (list): FISCAL NOTE: Funding for this recruitment effort was not included in the budget. Therefore, an appropriation will be requested from General Fund reserves. Approved by Finance Department: Ja,.,£/;;), t,u,L� ATTORNEY REVIEW: Yes X No ---- RECOMMENDATION: Council approve Resolution 2019-001, awarding a contract with GovHR USA for City Manager recruitment services for $23,000. 86 630 Dundee Road, Suite 130, Northbrook, IL 60062 Local: 847.380.3240 Toll Free: 855.68GovHR (855.684.6847) Fax: 866.401.3100 GovHRUSA.com EXECUTIVE RECRUITMENT INTERIM STAFFING MANAGEMENT AND HUMAN RESOURCE CONSULTING CONTRACT THE CITY OF SEWARD, ALASKA AND GovHR USA, LLC The City of Seward, Alaska (“Client”) agrees to retain GovHR USA, LLC (“Recruiting Firm”) for the purpose of assisting in the recruitment and selection of the City Manager, in accordance with GovHR’s Proposal dated December 5, 2018. The terms of the Proposal are incorporated herein and shall become a part of this contract. INDEPENDENT CONTRACTOR: The services provided by Recruiting Firm under this agreement are provided as an independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint venturers, or employer and employee, between Recruiting Firm and Client. ASSIGNMENT: This agreement and all of its provisions are binding on and inure to the benefit of Recruiting Firm and Client and their respective successors and permitted assigns, but neither this agreement nor any of the rights, interests, or obligations hereunder may be assigned by either party without the prior written consent of the other. NON-DISCRIMINATION: Recruiting Firm does not discriminate in referrals, or consent to discrimination by its clients, against any candidate on the basis of age, race, color, religion, disability, sex, national origin, or veteran status. GOVERNING LAW: This agreement will be governed by and enforced in accordance with the laws of the State of Alaska. The parties agree that state and federal courts within the State of Alaska shall have exclusive jurisdiction over any litigation brought or arising out of this agreement. TOTAL PROJECT COST: $23,000 ($14,000 for recruitment fee, $6,500 for recruitment expenses and $2,500 for advertising costs). PAYMENT TERMS: GovHR will invoice the City in accordance with the terms outlined in the Proposal. Payment is due within 30 days of receipt of the invoice. Payments not received within 30 days will incur a 2% monthly surcharge. 87 630 Dundee Road, Suite 130, Northbrook, IL 60062 Local: 847.380.3240 Toll Free: 855.68GovHR (855.684.6847) Fax: 866.401.3100 GovHRUSA.com EXECUTIVE RECRUITMENT INTERIM STAFFING MANAGEMENT AND HUMAN RESOURCE CONSULTING ACCEPTED: THE CITY OF SEWARD, ALASKA BY: _______________________________ TITLE: _____________________________ DATE: _____________________________ GovHR USA, LLC BY: _______________________________ TITLE: _____________________________ DATE: _____________________________ 88 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, INSTRUCTING THE CITY MANAGER TO EXERCISE HIS AUTHORITY UNDER SCC 5.01.040(A) TO CANCEL CERTAIN ACCOUNTS RECEIVABLE OWED BY FEDERALLY FUNDED ENTITIES TO THE CITY OF SEWARD WHEREAS, a partial shutdown of the United States government began at 12:01 a.m. EST on Saturday, December 22, 2018, and it is unknown when the United States government shutdown will end; and WHEREAS, several federally funded operations rent facilities from the City of Seward, most notably the United States Coast Guard, and other federally funded agencies and individuals conduct business with the City of Seward; and WHEREAS, federally funded operations, agencies, and individuals may be unable to pay rents, utilities, and fees to the City of Seward until after the United States government partial shutdown ends, and may therefore become subject to non-payment penalties and late fees owing to the City of Seward; and WHEREAS, the federally funded agencies and individuals are important to the City of Seward as business partners, community members, and service providers; and WHEREAS, Seward City Code Title 14 – Utilities, 14.01.020 provides “The provisions contained herein may not be waived by an officer, agent, or employee of the city of Seward. Any modification or amendment shall be submitted to and approved by the council of the city of Seward”; and WHEREAS, Seward City Code 5.01.040(a) provides that “[t]he finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council,” which allows the finance director to cancel certain payments owing to the City of Seward; and WHEREAS, the City Council of the City of Seward finds that it is in the City of Seward’s best interest to instruct the city manager to exercise the discretion afforded him in the code to cancel any future non-payment penalties and late fees that any federally funded operation, agency, or individual may incur. 89 CITY OF SEWARD, ALASKA RESOLUTION 2019-002 ___________________________ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby instructed to approve the finance director’s authority to cancel an account receivable for non-payment penalties or late fees incurred by a federally funded operation, agency, or individual due to the partial United States government shutdown currently in effect. Section 2. The city manager shall report all such cancellations granted pursuant to Section 1 to the City Council at the next regularly scheduled City Council meeting. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of January, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 90 Agenda Statement Meeting Date: January 14, 2019 To: City Council Through: Jeff Bridges, Interim City M Agenda Item: A Resolution of the City Coun ·1 of th City of Seward, Alaska, Instructing the City Manager to Exercise His Authon Under SSC 5.0l.040(A) to Cancel Certain Accounts Receivable Owed by Federally Funded Entities to the City of Seward. BACKGROUND & JUSTIFICATION: With the current federal government shut down, federally funded agencies and federal employees will not be receiving funding or paychecks until the shut down is over. As a result, certain fees for harbor and utility expenses will not be received by the City. There are currently two federal agencies that use the Seward Harbor and Seward utilities, the Coast Guard and NOAA Fisheries. Also, other federal agencies such as the Parks Service and Forest Service use city utilities. Further, federal employees may not be in a position to immediately pay their utility bills and harbor charges. The result of not timely paying these charges would result in penalty charges of 10.5% per month on the utility bills. The penalty for not paying the harbor fees are 10%. The expectation is that the non-penalty charges would be paid once the federal government shut down is over. INTENT: The intent of this resolution is to provide relief to federal agencies and employees of penalties for inability to pay bills and charges due to the federal government shut down. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3.Other (list):X FISCAL NOTE: We know that the monthly moorage for the Coast Guard Cutter USCG Mustang is $1 ,594.60 per month and the NOAA Fisheries charges are $907 .04 for the year. As far as individuals we will have to communicate this relief to the community and have some proof of federal employment to provide the relief contained herein. Approved by Finance Department: Jlt��@ ATTORNEY REVIEW: Yes __ X __ No ____ Not Applicable __ _ 91 RECOMMENDATION: Approve Resolution #2019-002, A Resolution of the City Council of the City of Seward, Alaska, Instructing the City Manager to Exercise His Authority Under SSC 5.0l .040(A) to Cancel Certain Accounts Receivable Owed By Federally Funded Entities to the City of Seward. 92 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE INTERIM CITY MANAGER TO PURCHASE OF A 2019 DODGE 1500 4X4 TRUCK FROM ANCHORAGE CHRYSLER IN THE AMOUNT OF $27,584 TO REPLACE A 2004 DODGE 4X4 TRUCK WHEREAS, the Harbor Department’s vehicle number 453 is a 2004 Dodge pickup, is 16 years old with now more than 110,000 miles, and it requires frequent maintenance to remain in- service; and WHEREAS, the Harbor has contributed to the Motor Pool Fund to replace this vehicle; and WHEREAS, this vehicle is a medium duty utility truck for operations and maintenance of the Seward Marine Industrial Center and the Seward Boat Harbor. As with other city vehicles they also serve as emergency response vehicles under the city borough emergency response plans; and WHEREAS, Seward City Code 6.10.120(B) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other governmental units, and the Harbor Department is purchasing this vehicle utilizing the State of Alaska’s purchasing contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Interim City Manager is hereby authorized to purchase a 2019 Dodge 1500 4X4 truck from Anchorage Chrysler in an amount not to exceed $27,584. Section 2. Funding in the amount of $33,000 was previously appropriated in the 2019 budget through resolution 2018-027 Motor Pool Reserves account 03000-0000-3400 to the equipment account 03000-2000-8103, for the purchase of a replacing a 2004 4X4 Dodge truck. Section 3. The Seward City Council hereby finds that it is in the public interest to exempt the purchase of this truck from competitive procurement requirements in accordance with the recitals above which are incorporated herein. Section 4. The old 2004 Dodge pickup number 453 is declared surplus to the City’s needs and can be sold to the public. Section 5. This resolution shall take effect immediately upon adoption. 93 CITY OF SEWARD, ALASKA RESOLUTION 2019-003 ___________________________ PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of January, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 94 95 Harbor vehicles: Number Vehicle Make Year Milea,ze 462 Flatbed with lift gate and Chevrolet 2010 68,560 snowplow 453 Pickup Dodge 2004 113,539 471 Pickup Dodge 2018 4,089 468 Flatbed with crane for Ford 2014 46,316 picking oil barrels 457 SUV (Escape) Ford 2013 33,341 The City Manager recommends the purchase of a 2019 Dodge 1/2 ton 4X4 4 door pickup using the state bidding list. According to the City Code SCC 6.10.120.B, "The city may utilize competitive bids obtained by other governmental units." The listed price of the new vehicle is $27,584 The old pickup would be declared surplus property and sold. INTENT: To purchase a safe, reliable, and more economical vehicle to replace a worn out vehicle. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here):X 2. Strategic Plan (document source here):X 3.Other: 2019 Motor pool fund and "Bird" report X FISCAL NOTE: Funds for this purchase were appropriated from the Motor Pool reserve account via Resolution 2018- 027 which authorized a cost not to exceed $33,000.00, for a savings of $5,416.00 under the authorized price. Approved by Finance Department: !JlJ£t:::>-M.t4AC'N� ATTORNEYREVIEW: Yes ___ No ___ X�- RECOMMENDATION: Council approve Resolution 2019-003, authorizing the Interim City Manager to approve the purchase of a 2019 Dodge 4X4 4 door 1/2-ton Pickup not to exceed $27,584 and declare the 2004 Dodge pickup number 453 as surplus public property to be sold after the new vehicle is received. 96 97 98 99 100 101 102 103 104 Agenda Statement Meeting Date: January 14, 2019 From: Brenda Ballou, City Clerk Agenda Item: Special Election for the Referendum of Ordinance 1975-412 BACKGROUND & JUSTIFICATION: On August 20, 2018, the city clerk’s office received an application for a referendum petition in support of repealing City of Seward Ordinance 1975-412. Ordinance 1975-412, An Ordinance Of The City Council Of The City Of Seward, Alaska, Rejecting The Application Of The Public Employment Relations Act To The City Of Seward. On September 4, 2018, the application was certified and Referendum Petition Booklets were prepared. On September 17, 2018, the booklets became available for pick-up by the petition sponsors; the booklets contained instructions in accordance with Seward City Code 4.15.025 and AS 29.26.120 – AS 29.26.140. In short, the petition required a minimum of 135 signatures of qualified city voters and allowed a 90-day deadline for submission (December 20, 2018). On December 10, 2018, the city clerk’s office received six (6) petition booklets from the sponsor, submitted as one single instrument. On December 19, 2018, the petition was certified, being timely and containing an adequate number of verifiable signatures. Per SCC 4.15.050 (a), because there is no regular election scheduled within 75 days of the certification, the Seward City Council shall schedule a special election to be held within 75 days of submission to the council (no sooner than February 13, 2019 and no later than March 30, 2019). Alternatively, per SCC 4.15.050 (c), if the council repeals the ordinance before the referendum election, the petition is void and the matter referred shall not be placed before the voters. 105 RECOMMENDATION: After consideration, council should either: 1) Schedule a special election to be held and direct the city clerk to prepare for the election in accordance with Seward Charter 10.2 and SCC Title 4; or 2) Direct staff to bring forward an ordinance to repeal Ordinance 1975-412 prior to the special election deadline. In the event that council decides to schedule a Special Election, council should next consider whether they wish the city to expend funds for advertising to provide public education which could influence the outcome of an election; if so, it is advisable for council to direct administration to bring forward a resolution at the next council meeting. 106 January 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 City Council Meeting (Petition Submission – Council decides election vs. ordinance) 15 Notify APOC, KPB & Printworks of Special Election 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council Meeting (RES: Expend funds to influence outcome of an election?) 29 If Res passes, notify APOC 30 31 DRAFT Special Election Calendar 107 February 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 City Council Meeting 12 13 Special Election no sooner than today 1st Notice of Special Election (req’d); must have at least one more notice (30 day minimum) 14 15 City Clerk Deadline for Voter Registration 16 17 State Deadline for Voter Registration 18 HOLIDAY 19 Request Voter Register from State DOE 20 21 22 23 24 25 City Council Meeting (Approve Election & Canvass Boards) 26 27 2nd Notice of Special Election 28 DRAFT Special Election Calendar 108 March 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 Absentee In Person Voting STARTS Mail Absentee By Mail Ballots 5 6 7 8 9 10 11 City Council Meeting Absentee By Mail Application DEADLINE 12 Train Election Board 13 3rd Notice of Special Election Prepare Canvass Books 14 15 16 17 18 Absentee In Person Voting ENDS 19 SPECIAL ELECTION DAY 20 21 Canvass Board Meets 22 23 24 25 HOLIDAY 26 City Council Meeting (Certify the Special Election) 27 28 29 30 Deadline for holding Special Election 31 DRAFT Special Election Calendar 109 I ATTACHED TO AND '1AiJE A PART OF THE 111NUTES OF THE SE:1ARD CITY C0UNCIL-VOLUc1E 17 PAGE 3 CITY OF SEWARD, ALASKA ORDINANCE NO. 412 Ja~es R. Fi1in, CitI Clerk-Treasurer AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD. WHEREAS, Section 4, Chapter 113, S.L.A. 1972, provides that the Alaska Public Employment Relations Act is applicable to organized boroughs and political subdivision of the state, homerule or other- wise, unless the legislative body of the political subdivision, by ordinance or resolution, rejects having its provisions apply, and WHEREAS, the city council has considered the opinion of the Alaska Supreme Court in the case of State of Alaska v. City of Petersburg, Opinion No. 1175, dated July 24, 1975, and its effect on the City, and WHEREAS, it is in the public interest for the City to keep its options open so that it can properly react in the future, and not in the public interest to possibly become bound into the pro- visions of this act, and whatever amendments the legislature might pass in the future, which may result because of the decision of the Alaska Supreme Court. NOW, THEREFORE, THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. The City of Seward hereby rejects the application of the Alaska Public Employment Relations Act to the City of Seward. Section 2. This ordinance takes affect immediately upon passage and approval. PASSED AND APPROVED THIS 8th day of September , 1975. CITY OF SEWARD, ALASKA FIRST READING: SECOND READING: ADOPTION: AYES: NOES: ABSENT: By August 11, 1975 August 25, 1975 September 8, 1975 01dow, Getman, Dague & Lutz Hu1m Neve' IMJ ;(</U~ ' Mayor HUGHES, GANTZ & for the l- ,: r. "~"'~ \~\ ,,' b. to Form: "'" ',,0; 1, " ~r c';/A?-f '", "~~"i-C;, THORSNESS, LOWE,~. OF POWELL, Attorneys ity of Seward 110 111 Seward Charter Chapter 10. - Elections 10.1. - Regular city election. A regular city election shall be held annually on the first Tuesday in October or such other date as the council may provide in the Code. The date of holding regular city elections may not be changed by the council at any time less than one year prior to the date of the first regular city election affected. 10.2. - Special city election. The council shall provide in the Code for the calling of special elections. Not less than thirty days notice shall be given of each special election. The notice shall state the purpose of the election. (10/04/94, Resolution No. 94-128) 10.3. - Qualifications of electors. (a) To be eligible to vote at any city election, a person must be a United States citizen who is qualified to vote in state elections, who has been a resident of the city for at least thirty days immediately preceding the election, who is registered to vote in state elections, and who is not disqualified from voting under Article V of the State Constitution. (b) The council shall provide in the Code for absentee voting by registered electors who are infirm or ill or who will be out of the city for the entire time that the polls are open on election day. (c) The council shall provide in the Code for the purity of elections and the prevention of fraudulent voting. (10/01/68, Resolution No. 717; 10/02/73, Resolution No. 881) 10.4. - Election procedure. (a) All elections of city officers shall be nonpartisan. The council shall provide for, by ordinance: (1) The nonpartisan nomination of candidates for elective city offices; (2) The printing and custody of ballots; (3) The appointment and payment of necessary election personnel; (4) The conduct of city elections; (5) The counting and canvassing of ballots cast; (6) The procedure for the recounting of ballots cast in the event a recount is demanded; (7) The declaration of results of elections; and (8) All other matters necessary for the holding of city elections. (b) Except for absentee voting, the council may provide for the use of voting machines in lieu of paper ballots. 10.5. - Tie vote. In the event of a tie vote, the council shall determine the successful candidate by lot. Such determination shall be final. 112 Seward City Code, Title 4 TITLE 4 - ELECTIONS[1] Footnotes: --- (1) --- See AS 15 for state election provisions generally; see AS 29.26.010 et seq. as to municipal elections; see charter chapter 10 for election provisions; see § 2.10.010 and § 2.10.015 as to eligibility for elective city office and election of the mayor and council. Chapter 4.01. - General Provisions 4.01.010. - Definitions. In this title, unless the context requires otherwise: Clerk. Means the city clerk or any properly authorized assistant, deputy or designee. Days. Includes weekends and holidays. Election. Includes any regular or special election of the City of Seward. Election officials. Means the city clerk or his designee, election judges, election clerks and canvassing boards. Gender. The masculine includes the feminine. Oath. Includes affirmation. Precinct. Means the territory established by the lieutenant governor within which the resident voters may cast ballots at one polling place. Proposition. Includes question. Publication. Means advertising in a newspaper of general circulation or posting in public places. Qualified voter. Is any person who: (1) Is qualified to vote in state elections under AS 15.05.010; (2) Has been a resident of the city for 30 days immediately preceding the election; (3) Is registered to vote in state elections at a residence address within the city at least 30 days before the municipal election at which the person seeks to vote; and (4) Is not disqualified under Article V of the state constitution. Regular election. Means a general election held pursuant to § 10.1 of the charter to fill city offices as required by AS 29.20.150. Special election. Means any election held at a time other than when a regular election is held. Swear. Includes affirm. Voter. Means any person who presents himself for the purpose of voting, either in person or by absentee ballot. (Ord. 527, 1984; Ord. 610, 1988; Ord. 614, § 1, 1989; Ord. 618, § 1, 1989) 4.01.015. - Incorporation of state election statutes. The provisions of Alaska Statutes Title 15 and Title 29, Chapter 26, relating to the conduct of municipal elections are incorporated into this title as if fully set out herein. 113 Seward City Code, Title 4 (Ord. 527, 1984; Ord. 614, § 2, 1989) 4.01.020. - Severability. Should any provision of this election code, or its application to any person or set of circumstances, be held invalid, the remainder of its provisions, or of its application to any other persons or circumstances, shall not be affected. (Ord. 527, 1984) 4.01.025. - Nonpartisan requirement. All city elections are nonpartisan. (Ord. 527, 1984) 4.01.030. - Date of annual election. The regular city election shall be held annually on the first Tuesday in October (see also charter § 10.1). (Ord. 527, 1984) 4.01.035. - Special elections. The council by resolution may call a special election at any time upon at least 30 days' notice. (Ord. 527, 1984; Ord. 94-47) 4.01.040. - Notice of elections. Each notice of election shall include: (1) The type of election, whether regular or special; (2) The date of the election; (3) The hours the polls will be open; (4) The offices to which candidates are to be elected; (5) The subjects of propositions to be voted upon; (6) Voter qualifications and instructions for registration; (7) Instructions for application for absentee voting; and (8) The location of precinct polling places. (Ord. 527, 1984) 4.01.045. - Publication of notice of elections.[2] The clerk shall publish a notice of each regular and special election at least twice in one or more newspapers of general circulation in the city, the first such publication to be accomplished at least twenty 114 Seward City Code, Title 4 (20) days prior to a regular election, and at least thirty (30) days prior to a special election. The notice shall be posted at two public places within the city. (Ord. 527, 1984; Ord. 542, § 1, 1985; Ord. 94-47; Ord. 2002-05; Ord 2004-02; and Charter 10.2) Footnotes: --- (2) --- State Law reference— See AS 29.26.030 for state provisions requiring 20 days' notice of an election. 4.01.050. - Expenses. (a) The city shall pay all necessary expenses relating to the conduct of each city election, including those of securing polling places, and shall provide ballot boxes, ballots, voting booths or screens, national flags, and other supplies and wages to election officials unless otherwise provided by this code. (b) The city shall pay each election board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices. The clerk shall set the hourly compensation to be paid for time spent by election officials at a rate comparable to that paid by the state for state elections. The clerk shall retain a record for auditing and payment of election expenses, including the cost of giving notice, renting polling places, paying election officials, securing ballot boxes, booths and other election necessities. (Ord. 527, 1984) 4.01.055. - Qualification of voters. (a) In accordance with AS 15.05.010 and AS 29.26.050, a person is qualified to vote in city elections who: (1) Is qualified to vote in state elections under AS 15.05.010; (2) Has been a resident of the city for 30 days immediately preceding the election; (3) Is registered to vote in state elections at a residence address within the city at least 30 days before the municipal election at which the person seeks to vote; and (4) Is not disqualified under Article V of the state constitution. (b) State voter registration is prima facie evidence of a voter's qualification, but every election official shall question, and every watcher and other person qualified to vote in the precinct may challenge a person attempting to vote if he believes the person is not qualified to vote. If the voter's polling place is in question, the voter shall be allowed to vote a questioned ballot. A person who frivolously, maliciously or in bad faith challenges a voter or questions his ballot is guilty of a misdemeanor. (Ord. 527, 1984; Ord. 565, 1986; Ord. 614, § 3, 1989; Ord. 618, § 2, 1989) … Chapter 4.05. - Procedures for Conduct of Elections 4.05.010. - Clerk to administer city elections. The city clerk, in accordance with the provisions of this title, shall administer all city elections. 115 Seward City Code, Title 4 (Ord. 527, 1984; Ord. 610, 1988) 4.05.015. - Election officials. The city election boards shall be the election boards selected and appointed by the Kenai Peninsula Borough assembly, and each member shall be a qualified voter and a resident within the precinct for which he is appointed. In the case of an election for which an election board has not been appointed by the borough, the city council shall appoint at least three judges in each precinct to constitute the election board; one judge shall be designated as chairman and shall be primarily responsible for administering the election in that precinct. The city clerk is the election supervisor and may appoint up to three election clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship. All election judges and clerks, before entering upon their duties, must subscribe to the oath required of all public officers by the constitution of the State of Alaska in the manner prescribed by the clerk. If any appointed election official is not able or refuses to serve on election day, the clerk may appoint a replacement for that official. (Ord. 527, 1984) 4.05.020. - Ballot propositions—clarity; conciseness. (a) All ballot propositions shall be stated in a concise and clear language to avoid verbosity and with the object of informing and advising the voter of the issue in a clear and forthright manner. All ballot propositions shall be stated in the affirmative and not the negative so that a "yes" vote will always mean that the voter approves of the affirmative of a position and not the negative; and a "no" vote disapproves the affirmative statement of an issue. Ballot propositions shall not be used to obtain a negative result by the casting of a "yes" vote. Simple sentences and words shall be used in preference to complex or compound sentences and words, with the object of making ballot propositions understandable to the average reader. (b) The city council may direct the clerk to prepare a concise informational summary for the purpose of explaining complicated ballot propositions. (Ord. 527, 1984) 4.05.025. - Ballots—form. (a) Ballots shall be prepared in the manner prescribed for state elections, insofar as such requirements are applicable to nonpartisan elections. The ballots shall be numbered in series, the number being placed in an area set off by perforations for ease of removal and on a portion of the ballot that can be seen when the manner in which the ballot is marked is concealed from view. (b) All candidates for the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office and provision shall be made for write-ins equal in number to the positions to be filled. The names of candidates shall be printed as they appear upon the petitions except that any honorary or assumed title or prefix shall be omitted, but may include in the candidates name, nickname or familiar form of a proper name of the candidate. The words "Vote for not more than ____________ ", with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. Names of candidates shall appear on the ballot in the same order in each section on each ballot used in that election. However, the order of placement of the names of the candidates on the ballot for each office shall be randomly determined by the clerk. (c) Following the offices and candidates there shall be placed on the ballot, or on separate ballots as the clerk may determine, all propositions or questions to be voted on. The words "YES" and "NO" 116 Seward City Code, Title 4 shall be placed below the statement of each proposition or question. The clerk shall determine the number of ballots to be used to present all offices, propositions and questions to the qualified voter. (d) Each ballot shall bear the words "Official Ballot" and the date of the election. (e) Prior to the election, the city clerk shall cause sample ballots to be posted in public places in the city. The sample ballot shall be printed or typewritten on colored paper and shall bear the words "Sample Ballot." (Ord. 527, 1984; Ord. No. 2006-008, § 1, 8-28-2006) 4.05.030. - Punchcard voting—authorized. The election supervisor may provide for punchcard voting at one or more voting places for one o r more questions or offices on the ballot. (Ord. 527, 1984) 4.05.035. - Punchcard voting—boards. The election supervisor shall appoint a receiving board and a data processing control board, each consisting of three members. The election supervisor shall appoint a chairman of each board and administer the oath prescribed for election judges to both chairmen, who shall administer the oath to the remaining members of their respective boards. A vacancy on a board shall be filled by the election supervisor. (Ord. 527, § 1 (part), 1984) 4.05.040. - Punchcard voting—use of computers. The election supervisor shall designate the computers to be used in counting the ballots and may negotiate and contract with the state, the borough, or a private computer service for the needed computer services. (Ord. 527, 1984) 4.05.045. - Punchcard voting—tests and security. No later than one week before the election, the computer punchcard vote-counting program must be tested in the presence of, and to the satisfaction of, the data processing control board. (Ord. 527, 1984) 4.05.050. - Ballots—distribution. (a) The clerk shall have the ballots in his possession at least 15 days before each regular election and ten days before each special election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his authorized agent, and any discovered mistake shall be corrected immediately. Sufficient ballots for the registered voters of each precinct shall be delivered to the election board for that precinct. (b) The ballots shall be delivered in a separate sealed package, with the number of ballots enclosed clearly marked on the outside of the package. A receipt shall be taken from the election board 117 Seward City Code, Title 4 member to whom each package is delivered in person or by mail. The receipt shall be preserved for one year. (Ord. 527, 1984) 4.05.055. - Precincts and polling places. The precincts established by the lieutenant governor and set forth in the Alaska Administrative Code shall be the precincts for all city elections. The clerk shall secure a polling place for each precinct. (Ord. 527, 1984) 4.05.060. - Election supplies and equipment. (a) Before the opening of the polls, the clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct's election, including those materials required by this chapter. (b) The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, how to obtain information from election officials and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place. (Ord. 527, 1984; Ord. 610, 1988) 4.05.065. - Opening and closing of polling place. (a) On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by 6:30 a.m. so that voting will start promptly at 7:00 a.m. The chairperson of the election board shall rotate times at which election judges, board members, and clerks may be relieved for breaks or meals; provided, however, that at all times at least two judges from the election board are present at the polling place. (b) Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. (c) Fifteen minutes before, and at the time of closing the polls, the election board shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing the polls. After closing, no person will be allowed to enter the polling place for the purpose of voting. However, every qualified voter present and in line at the time prescribed for closing the polls may vote. (d) In exceptional or unusual circumstances, the election board may, at its discretion, hold the polls open past the 8:00 p.m. closing time. (Ord. 527, 1984; Ord. 537, 1985) 118 Seward City Code, Title 4 4.05.070. - Voting procedure at the polls. (a) The election judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book in space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he shall immediately question the voter according to the procedure outlined in § 4.05.110.(b). If a voter's polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot a questioned ballot. (b) When the voter is qualified to vote, the election judge shall give him an official ballot. (c) Each voter shall retire alone to a booth or private area to mark his ballot. If a voter is blind or otherwise physically unable to mark his ballot alone, he may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately after marking the ballot, the voter shall return it to the election judge, having concealed the manner in which it is marked. The election official shall remove the numbered tab or tabs and deposit the ballot in the ballot box. (d) If a voter improperly marks or otherwise damages a ballot, he shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. (Ord. 527, 1984; Ord. 610, 1988) 4.05.075. - Spoiled ballots. The election supervisor shall specify uniform procedures for replacement, registration and disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election judges. (Ord. 527, 1984) 4.05.080. - Unused ballots. The numbers of all ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the clerk before the ballot box is opened. The record of ballots not issued and ballots damaged and replaced shall be preserved for 60 days unless the election is contested. (Ord. 527, 1984) 4.05.085. - Commencement of ballot count. (a) For counting paper ballots or punchcard ballots when a computer is not available, when the polls are closed and the last vote has been cast, the election board and clerks or counters shall immediately proceed to open the ballot box, separate the questioned ballot envelopes and other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournm ent until the count is complete. (b) For punchcard voting with computer use, when the polls have closed and the last vote has been cast, the election board shall immediately proceed to open the ballot box and separate the questioned ballots from the other ballots and place all unprocessible ballots in an envelope provided by the clerk. Ballots with write-in votes shall be segregated, rubber banded, and placed in the back of the special ballot container. All voted ballots shall be placed in the tamper proof box and sealed and 119 Seward City Code, Title 4 delivered by the city clerk to the data processing center. The clerk shall provide for reasonable security for the voted ballots up to and including the time they are counted. (Ord. 527, 1984) 4.05.090. - Report, oath and vacancies of counters. Counters shall report to the election board at the polls at the time designated by the election supervisor or the chairman of the election board to assume their duties to assist the election board in counting the votes. Before undertaking the duties of office, each counter shall subscribe to an oath to honestly, faithfully, impartially and promptly carry out the duties of his position. An election judge may administer the oath. If an appointed counter fails to appear and subscribe to the oath at the time designated by the election supervisor, the election board shall appoint any qualified voter to fill the vacancy. (Ord. 527, 1984) 4.05.095. - General procedure for ballot count. (a) The election supervisor may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and destroyed. The board shall count the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. When hand counting ballots, the election board shall count the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for safe- keeping may have a marking device in hand or remove a ballot from the immediate vicinity of the polls. (b) Ballots may not be counted before 8:00 p.m., local time, on the day of the election. (c) The public may attend and observe any ballot counting (Ord. 527, 1984) 4.05.100. - Rules for counting hand-marked and punchcard ballots. (a) The election board shall count hand-marked and punchcard ballots according to the following rules: (1) The voter may mark his ballot only by the use of cross marks, "X" marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks or plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate. (2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot. (3) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked. (4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for the office shall not be counted. (5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square marked. 120 Seward City Code, Title 4 (6) Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made. (7) An erasure or correction invalidates only that section of the ballot in which it appears. (8) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot. (9) In order to vote for a write-in candidate, the voter must write in the candidate's name in the space provided and, in addition, mark the square opposite the candidate's name in accordance with subsection (1) of this section. Stickers may not be used on punchcard ballots. Use of stickers on punchcard ballots can cause that portion of the ballot to be invalidated. (b) The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. (c) The rules set out in this section apply to hand-marked punchcard ballots if punchcard machines are not available in a precinct. (Ord. 527, 1984) 4.05.105. - Tally of votes. (a) Each election board shall tally the votes cast in the manner herein prescribed. When the tally of votes is completed, a certificate of returns shall be prepared and signed by three election judges. After completion of the certificate of returns, the counted ballots shall be sealed in an envelope provided by the clerk and shall be delivered to the clerk to be preserved unopened, unless the city council or the court orders a recount, for one year. (b) The clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast so as to assure accuracy and to expedite the process. (c) As soon as all the votes are read and counted, a tally certificate shall be drawn upon each of the tally sheets or attached thereto stating the number of votes each person has received and designating the office for which he received the votes. The certificates shall be signed by the election board members. (d) If the results of the above tally certificate of number of votes received shows two or more candidates tied in having the highest number of votes for the same office for which there is to be elected only one candidate, the election board shall immediately proceed with a recount of the votes for that office. The recount tallies shall be prepared and certified as provided for the first count. (e) The certificate of returns and tally certificates, with the registration list, oath of judges and oaths of voters and other papers, shall be sealed in an envelope by the judges and endorsed "Election Returns," and shall be delivered to the city clerk. (Ord. 527, 1984) 4.05.110. - Questioned ballots. (a) If the polling place of a voter is in question, the voter shall vote a questioned ballot after complying with subsection (c) of this section. (b) Every election official and election judge shall question, and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote in the election. All questions regarding a person's qualifications to vote shall be made in writing, setting out the reason that the person has been questioned. 121 Seward City Code, Title 4 (c) The questioned person, before voting, shall subscribe to an oath or affirmation on a form provided by the election official attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election. If the question is to residence within the precinct or voting area, the person shall also state the place from which that person came immediately before living in the precinct where offering to vote and the length of time of residence in the former place. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath or affirmation, the person shall not vote. (d) A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, and delivered to the clerk. The election canvassing board shall review and judge the applicability of questioned ballots in accordance with § 4.05.115 of this code. (Ord. 527, 1984; Ord. 610, 1988) 4.05.115. - Canvass of election returns. (a)Election canvass board. Before each election, the city clerk, subject to approval of the city council, shall appoint four or more qualified voters who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the clerk. (b)Canvass of returns, generally. (1) No later than the Monday following each election, the election canvass board shall meet in public session and canvass all election returns. In full view of those present, the election canvass board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by the precinct boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the canvass board. A mistake which has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the canvassing board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. (2) Upon completion of the canvass, the canvassing board shall prepare a final certificate of the results of votes cast by absentee, questioned and challenged ballots and of votes cast by regular ballot and shall prepare a written report of the results to be submitted to the council. (c)Procedures for handling questioned and absentee ballots. (1) No questioned or absentee ballot shall be counted if the voter has failed to properly execute the certificate, if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, or if the voter fails to enclose his marked ballot inside the small envelope provided. (2) Any person present may question the name of an absentee voter when read from the voter's certificate on the back of the large envelope if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has voted at the same election. The person questioning the voter shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to accept the question and count the ballot of a person properly questioned. If 122 Seward City Code, Title 4 the ballot is refused, the clerk shall return a copy of the statement questioning the ballot to the voter. The clerk shall enclose all rejected ballots in a separate envelope with statements of the basis for the question. The envelope shall be labeled "rejected ballots" and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope shall be opened, the smaller inner envelope shall be placed in a container and mixed with other absentee and questioned ballot envelopes. The mixed smaller envelopes shall be drawn from the container and opened, and the ballots shall be counted according to the rules for determining properly marked ballots. (Ord. 527, 1984; Ord. 610, 1988; Ord. 94-45) 4.05.120. - Tie votes. If a tie vote exists, and only one of the candidates so tied may hold office under the laws establishing the office voted for, the tie shall be broken by a single coin toss. If no contest is initiated under the provisions of section 4.05.135 or if such contest be held and determined, the result of the election shall be publicly declared by the council and entered upon the minutes of such meeting. (Ord. 527, 1984; Ord. 610, 1988) 4.05.125. - Certification of the election. (a) Not later than one week following the canvass of the election, the city council shall meet in public session to certify the election or order a recount or investigation of the election. The certificate will consist of entering the results of the canvass upon the minutes of the meeting together with the total number of votes cast for each candidate and for or against each proposition or question. (b) Upon certification of a valid election, the city council shall direct the clerk to deliver to each person elected to office a certificate of election signed by the clerk and the mayor and authenticated by the seal of the city. (Ord. 527, 1984; Ord. 96-26) 4.05.130. - Election recounts. (a) A defeated candidate or ten qualified voters who believe there has been a mistake made by an election official or by the canvassing board in counting the votes in an election may file an application requesting a recount with the clerk no later than 5:00 p.m. on the Monday following the election. (b) The application shall specify in substance the basis of the belief that a mistake has been made, the particular election precinct or precincts for which the recount is to be held, the particular office, proposition or question for which the recount is to be held, and that the person making the application is a candidate or that ten persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the ten qualified voters seeking the recount. (c) Upon receiving an application in substantially required form, the city council shall appoint a recount board of three or more qualified voters to, as soon as possible, conduct the recount of ballots of those precincts cited in the application for recount. The rule governing the counting of marked ballots by the election board shall be followed (see section 4.05.100 A.). Those requesting the recount, those whose election is recounted and the public shall be allowed to attend the recount proceeding. (d) Upon completion of the recount, the recount board shall certify the results of the recount to the city council. The council shall declare the final election results and direct the clerk to deliver to each 123 Seward City Code, Title 4 person elected to office a certificate of election signed by the clerk and the mayor and authenticated by the seal of the city. (e) The applicant or applicants for the recount shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or if the difference between the winning and losing vote on the result requested for recount is more than two percent. Any person or group of persons demanding a recount of ballots as provided herein shall deposit with the city clerk a cash bond in the amount of $500.00 guaranteeing payment of the cost of recount as surety for such costs. If the final recount shows an error creating an erroneous result, the bond shall be refunded in full. (f) A candidate or any person who requested a recount who has reason to believe an error has been made in the recount involving a question, proposition, candidate or validity of any ballot may appeal to the superior court within ten days after the city council has declared the election results. If no such action is commenced within the ten-day period, the election and the election results shall be conclusive, final and valid in all respects. (Ord. 527, 1984) 4.05.135. - Contest of election. (a) A defeated candidate or any ten qualified voters may contest the election of any person or the approval or rejection of any proposition upon one or more of the following grounds: (1) Malconduct, fraud, or corruption of an official sufficient to change the result of the election; (2) Disqualification of the person under provisions of law or ordinance; or (3) Existence of a corrupt election practice as defined by the laws of the state sufficient to change the results of the election. (b) The defeated candidate or one or more of the voters initiating a contest shall appear before the canvass board and there shall deliver a written notice of contest, or such written notice shall be filed with the clerk no later than 5:00 p.m. on the Monday following the election. The notice of contest shall specify the election being contested, shall state the grounds of the contest in detail and shall bear the notarized signature of the candidate or the qualified voters bringing the contest. (c) Upon receiving a valid notice of contest, the city council shall order such investigating action as it deems appropriate. If the contest involves voter eligibility, the clerk and the city attorney shall be ordered to investigate the allegations and report their findings to the city council. If other illegal or irregular election practices are alleged to have occurred, the city council shall order an investigation. If the clerk and the manager are both named in the contest, the council shall appoint an investigating board to conduct the required investigation. Any person shall be allowed to attend all investigation proceedings. (d) After considering the reports of the investigating officials and any other evidence presented, the city council shall determine whether the grounds for contest were valid and whether any illegally cast votes could have affected the election results. If they could not, the city council may so declare and uphold their previous action in declaring the election validly held. If the contest involves other prohibited practices which are shown to have taken place, the city council shall exclude the votes of the precincts where such practices occurred from the total returns. If it is determined that such exclusion could not affect the election result, the city council shall declare the election validly held. (e) Unless the grounds for which the contest was brought are determined to be valid, the candidate or contestants shall be individually liable for the whole amount of the expenses incurred by the city in its investigation and deliberation of the election contest. Any person contesting an election as provided herein shall post a cash bond in the amount of $1,000.00 guaranteeing payment of the cost of contest as surety for such costs. If the contest is shown to be valid, this bond shall be refunded in full. 124 Seward City Code, Title 4 (f) A defeated candidate or any ten qualified voters who contested an election may bring an action in the superior court within ten days after the city council has concluded that said election was validly held and the results entered upon the minutes. Such legal action shall be upon the grounds set forth in AS 15.20.540 for contesting state elections. The judge shall render a decision as required by AS 15.20.560 for state elections. If no such action is commenced within a ten day period, the election and the election results shall be conclusive, final and valid in all respects. (Ord. 527, 1984) 4.05.140. - Preservation of election ballots, papers and materials. The clerk shall preserve all precinct certificate of returns, tally certificates and registers, all voted ballots and declarations of candidacy filed for one year after the election. These materials may be destroyed after their retention period has lapsed unless an application for a recount has been filed and not completed or unless their destruction is stayed by an order of the court. Canvass board certificates of election returns are to be preserved as permanent records. (Ord. 527, 1984) 4.05.145. - Certain election practices prohibited. The provisions of AS 15.56 are adopted and those acts made unlawful in that chapter are hereby made unlawful acts within the scope of this title. The listing of prohibited practices elsewhere in this title shall be deemed supplementary to the state law and the actions hereafter made unlawful even though not specifically mentioned in state law. (Ord. 527, 1984; Ord. 610, 1988) 4.05.150. - Other ballot counting systems authorized. Nothing in this title prohibits the use of other ballot counting systems which have been approved for use in State of Alaska or Kenai Peninsula Borough elections. The election supervisor, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted by the state for use in state elections, or by the Kenai Peninsula Borough for use in borough elections. (Ord. 98-08) Chapter 4.10. - Absentee Voting 4.10.010. - Eligibility. Any qualified voter may vote an absentee ballot for the precinct in which he resides and is registered: (1) If he believes he will be unavoidably absent from his voting precinct on election day; or (2) If he will be unable to be present at the polls because of physical disability or confinement in an institution. For the purposes of this chapter, institution means a hospital, pioneer home, senior center or rehabilitation center other than a correctional or psychiatric institution. (Ord. 527, 1984; Ord. 92-13) 125 Seward City Code, Title 4 4.10.015. - Preparation of ballots, envelopes and other materials. The clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a small envelope in which the voter shall initially place the marked ballot, and shall provide a larger envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with the ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for use when required, that the voter is a qualified voter in all respects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed. (Ord. 527, 1984) 4.10.020. - Absentee voting in person. (a) A qualified voter may apply in person for an absentee ballot at the office of the city clerk during regular office hours. (b) On receipt of any absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope in the presence of the election official who shall sign as attesting official and date of his signature. The election official shall then accept the ballot. (c) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide him with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. The clerk shall keep a record of the names and the signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast. (Ord. 527, 1984) 4.10.025. - Absentee voting by personal representative. (a) A qualified voter who is physically disabled or confined to an institution as defined in § 4.10.010(b) of this code may be assisted by a personal representative in voting an absentee ballot as set out in this section. (b) Upon receipt of a written application by personal representative, the election official authorized to issue the absentee ballot shall provide the ballot and other absentee voting material to the personal representative if the written application is signed by the applicant and is accompanied by a letter from a licensed physician or a statement signed by two qualified voters stating that the applicant will be unable to go to the polling place because of physical disability. (c) The personal representative shall deliver the absentee ballot to the voter as soon as practicable. Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the envelope in the presence of the personal representative who shall sign as attesting witness and date his signature. The voter shall then return the absentee ballot to his personal representative who shall deliver the ballot to the clerk. The absentee ballot must be returned to the clerk within three days from the date it is obtained but not later than 8:00 p.m. on election day. An election ballot that is not returned to the clerk by the close of business on the third day from the day it is obtained may not be counted but the voter may vote in the election. 126 Seward City Code, Title 4 (d) The clerk shall keep a record of the name and signature of each personal representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk shall record the date and time the absentee ballot is provided and the time the ballot is returned to the clerk's office. (e) A candidate for office at that election, the voter's employer, agent of the employer or officer or agent of the voter's union may not act as a personal representative. (Ord. 527, 1984; Ord. 92-13) 4.10.030. - Absentee voting by mail. (a) A qualified voter may apply by mail to the city clerk for an absentee ballot. The application must include the address to which the absentee ballot is to be returned, the applicant's full Alaska residence address and the applicant's signature. A voter may request that his name be placed on permanent absentee by mail status. A voter whose name has been placed on permanent absentee by mail status will be mailed a new absentee ballot application at the beginning of each calendar year. (b) An application for an absentee ballot by mail must be postmarked not earlier than the first day of the year in which the election is to be held nor later than seven days before the election for which the absentee ballot is sought. (c) Upon receipt of an application for absentee ballot by mail, the city clerk will send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials will be sent as soon as they are ready for distribution. The return envelope sent with the materials will be addressed to the city clerk. (d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope in the presence of an official and will date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter may have the ballot witnessed by a person over the age of eighteen. (e) An absentee ballot must be marked and attested on or before the date of election. If the voter returns the ballot by mail, the voter must use first class mail service at least and mail the ballot not later than the date of the election to the city clerk. If the ballot is postmarked, it must be postmarked on or before election day. (f) To be counted in the election, an absentee ballot must be postmarked by midnight of election day and received by the city clerk before the date and hour of the canvass. Ballot envelopes received after that time will not be opened, but will be marked "invalid" with the date and hour of receipt noted thereon and will be preserved for one year with other ballots of the election. (g) The city clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his identity. (h) The city clerk will maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot was mailed to the voter, the date on which the ballot was received by the city clerk, and the date on which the ballot was executed and postmarked. (Ord. 527, 1984; Ord. 96-26) 4.10.033. - Voting by electronic transmission. 127 Seward City Code, Title 4 (a) The city clerk may establish regulations applicable to the delivery of absentee ballots by electronic transmission and to the use of electronic transmission absentee voting in a city election by qualified voters of the city. The regulations must: (1) Require the voter to comply with the same time deadlines as set forth in state statutes for voting by electronic transmission; and (2) Ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process. (b) An absentee ballot that is completed and returned by the voter by electronic transmission must: (1) Contain the following statement: "I understand that by using electronic transmission to return my marked ballot I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot but expect that my vote will be held as confidential as possible.", followed by the voter's signature and date of signature; (2) Be received by the city clerk no later than the closing hour of the polls; and (3) Be accompanied by a statement executed under oath as to the voter's identity. The statement under oath must be witnessed by: a.A commissioned or noncommissioned officer of the armed forces of the United States; b.An official authorized by federal law or the law of the state in which the absentee ballot is cast to administer an oath; or c. Two United States citizens who are eighteen years of age or older. (c) The city clerk will maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is provided by electronic transmission, the date on which the ballot is received by the city clerk, and the date on which the ballot was executed and postmarked. (Ord. 96-26) 4.10.035. - Fee prohibited. No person may receive a fee from the voter for attesting to any voter's certificate required in voting absentee. (Ord. 527, 1984) 4.10.040. - Names of absentee voters to be made available. The clerk and election officials shall have available for public inspection the names and addresses of persons who voted absentee. (Ord. 527, 1984) Chapter 4.15. - Initiative and Referendum 4.15.010. - Reservation of powers. (a) In accordance with the city charter, the powers of initiative and referendum are reserved to the qualified voters of the City of Seward. The voters of the city, by initiative, may propose and enact any ordinance which the city council has power to enact under the charter except as otherwise provided 128 Seward City Code, Title 4 in this section. The voters of the city, by referendum, may approve or reject any ordinance passed by the city council except as otherwise provided in this section. (b) Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance of bonds; and special ordinances shall not be subject to either initiative or referendum. Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety (emergency ordinances) shall not be subject to referendum. (Ord. 567, 1986) 4.15.015. - Application for petition. (a) An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petitions may be sent. An application shall be signed by at least ten voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter: (1) Is not restricted by § 4.15.010(b) of this code; (2) Includes only a single subject; (3)Relates to a legislative rather than to an administrative matter; and (4) Would be enforceable as a matter of law. (b) A decision by the clerk on an application for petition is subject to judicial review. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 3, 1989) 4.15.020. - Contents of petition. (a) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain: (1) A summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred; (2) The complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors; (3) The date on which the petition is issued by the clerk; (4) Notice that signatures must be secured within 90 days after the date the petition is issued; (5) Spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer; (6) A statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and (7) Space for indicating the total number of signatures on the petition. (b) If a petition consists of more than one page, each page shall contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred. 129 Seward City Code, Title 4 (c) The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petitions shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. (Ord. 567, 1986; Ord. 618, § 4, 1989) 4.15.025. - Signature requirements. (a) The signatures on an initiative or referendum petition shall be secured within ninety days after the clerk issues the petition. The statement provided under § 4.15.020(a)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil. (b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e) of this section, a petition shall be signed by a number of voters equal to 25 percent of the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available. (c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. (d) A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition. (e) If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a city, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, §§ 5, 6, 1989) 4.15.030. - Sufficiency of petition. (a) All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within ten days after the date the petition is filed, the clerk shall: (1) Certify on the petition whether it is sufficient; and (2) If the petition is insufficient, identify the insufficiency and notify the contact person by certified mail. (b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected. (c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (b) of this section. Within ten days after a supplementary filing, the clerk shall recertify the petition. If it is still insufficient, the petition shall be rejected and filed as a public record. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 7, 1989) 4.15.035. - Protest. If the clerk certifies an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the city manager within seven days after the certification. The city manager shall present the protest at the next regular meeting of the city council. The city council shall hear and decide the protest. 130 Seward City Code, Title 4 (Ord. 567, 1986) 4.15.040. - New petition. Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (Ord. 567, 1986) 4.15.045. - Initiative election. (a) The city clerk shall present a certified sufficient petition for initiative to the council at the first regular meeting after certification. (b) Unless the city council enacts substantially the same measure within 30 days of submission of the certified petition, the city clerk shall, with the aid of the city attorney, prepare an ordinance or resolution to implement the petition and shall submit it to the voters at the next regular election. (c) The ordinance or resolution initiated shall be published in full in the notice of the election but may be summarized on the ballot to indicate clearly the proposal submitted. (d) If a majority vote favors the ordinance or resolution, it shall become effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. (e) The council may at any time not less than 20 days from the date of the election adopt an ordinance or resolution to implement the petition. In that event, a vote on the initiative shall not be held. (Ord. 567, 1986) 4.15.050. - Referendum election. (a) Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs within 75 days of the certification of a sufficient petition, the council shall hold a special election within 75 days of submission to the council. (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the city council may not enact an ordinance or resolution substantially similar to the suspended measure. (c) If the council repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. (d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. (Ord. 567, 1986) 4.15.055. - Effect. (a) The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. 131 Seward City Code, Title 4 (b) If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the city council for a period of two years. (c) If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. (Ord. 567, 1986) … 132 Chapter 4.15. - Initiative and Referendum 4.15.010. - Reservation of powers. (a) In accordance with the city charter, the powers of initiative and referendum are reserved to the qualified voters of the City of Seward. The voters of the city, by initiative, may propose and enact any ordinance which the city council has power to enact under the charter except as otherwise provided in this section. The voters of the city, by referendum, may approve or reject any ordinance passed by the city council except as otherwise provided in this section. (b) Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance of bonds; and special ordinances shall not be subject to either initiative or referendum. Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall not be subject to initiative. Ordinances necessary for the immediate preservation of the public peace, health or safety (emergency ordinances) shall not be subject to referendum. (Ord. 567, 1986) 4.15.015. - Application for petition. (a) An initiative or referendum is proposed by filing an application with the city clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petitions may be sent. An application shall be signed by at least ten voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter: (1) Is not restricted by § 4.15.010(b) of this code; (2) Includes only a single subject; (3) Relates to a legislative rather than to an administrative matter; and (4) Would be enforceable as a matter of law. (b) A decision by the clerk on an application for petition is subject to judicial review. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 3, 1989) 4.15.020. - Contents of petition. (a) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain: (1) A summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred; (2) The complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors; (3) The date on which the petition is issued by the clerk; 133 Seward City Code, Title 4 (4) Notice that signatures must be secured within 90 days after the date the petition is issued; (5) Spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer; (6) A statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and (7) Space for indicating the total number of signatures on the petition. (b) If a petition consists of more than one page, each page shall contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred. (c) The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petitions shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. (Ord. 567, 1986; Ord. 618, § 4, 1989) 4.15.025. - Signature requirements. (a) The signatures on an initiative or referendum petition shall be secured within ninety days after the clerk issues the petition. The statement provided under § 4.15.020(a)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil. (b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e) of this section, a petition shall be signed by a number of voters equal to 25 percent of the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available. (c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. (d) A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition. (e) If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a city, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, §§ 5, 6, 1989) 134 Seward City Code, Title 4 4.15.030. - Sufficiency of petition. (a) All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within ten days after the date the petition is filed, the clerk shall: (1) Certify on the petition whether it is sufficient; and (2) If the petition is insufficient, identify the insufficiency and notify the contact person by certified mail. (b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected. (c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (b) of this section. Within ten days after a supplementary filing, the clerk shall recertify the petition. If it is still insufficient, the petition shall be rejected and filed as a public record. (Ord. 567, 1986; Ord. 610, 1988; Ord. 618, § 7, 1989) 4.15.035. - Protest. If the clerk certifies an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the city manager within seven days after the certification. The city manager shall present the protest at the next regular meeting of the city council. The city council shall hear and decide the protest. (Ord. 567, 1986) 4.15.040. - New petition. Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (Ord. 567, 1986) 4.15.045. - Initiative election. (a) The city clerk shall present a certified sufficient petition for initiative to the council at the first regular meeting after certification. (b) Unless the city council enacts substantially the same measure within 30 days of submission of the certified petition, the city clerk shall, with the aid of the city attorney, prepare an ordinance or resolution to implement the petition and shall submit it to the voters at the next regular election. (c) The ordinance or resolution initiated shall be published in full in the notice of the election but may be summarized on the ballot to indicate clearly the proposal submitted. (d) If a majority vote favors the ordinance or resolution, it shall become effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. 135 Seward City Code, Title 4 (e) The council may at any time not less than 20 days from the date of the election adopt an ordinance or resolution to implement the petition. In that event, a vote on the initiative shall not be held. (Ord. 567, 1986) 4.15.050. - Referendum election. (a) Unless the ordinance or resolution is repealed by the council, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election. If no regular election occurs within 75 days of the certification of a sufficient petition, the council shall hold a special election within 75 days of submission to the council. (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the city council may not enact an ordinance or resolution substantially similar to the suspended measure. (c) If the council repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters. (d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. (Ord. 567, 1986) 4.15.055. - Effect. (a) The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. (b) If an ordinance or resolution is repealed in a referendum election or by the city council after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the city council for a period of two years. (c) If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. (Ord. 567, 1986) 136 From: Blankenship, Johni [mailto:JBlankenship@kpb.us] Sent: Thursday, January 03, 2019 4:58 PM To: 'Paul Ostrander'; 'Stephanie Queen'; 'Cassidi Cameron'; 'citymanager@cityofhomer-ak.gov'; Jeff Bridges Cc: Brenda Ballou; Erica Fitzpatrick; Heidi Geagel; Jamie Heinz; Melissa Jacobsen; Shellie Saner; Turner, Michele Subject: Election Stakeholders Group Importance: High Good evening and Happy New Year! The Kenai Peninsula Borough Assembly will be considering Resolution 2019-006 at the January 8th Assembly meeting. Resolution 2019-006 seeks to create an Election Stakeholders Group (resolution and supporting documents available HERE<https://kpb.legistar.com/LegislationDetail.aspx?ID=3821236&GUID=394D32A9-E532-4F2E-9595- 0043CAC0BFED&Options=&Search=>). The desired makeup of the Stakeholders Group is as follows: a representative of the borough administration, one community representative qualified to represent the interests of persons with visual impairments, two members of the borough’s canvas board, one member representing the League of Women Voters, the municipal managers and one council member from each municipality within the borough, and two assembly members. The desired staff support for the Stakeholders Group is as follows: representatives from the Kenai Peninsula Borough’s Clerk’s Office, the borough legal department, the borough IT and GIS departments and municipal clerks from the other municipalities within the borough. In order for the Election Stakeholders Group to truly fulfil the desired outcome we will need your participation. I anticipate 2 meetings a month until July of this year as the report is due to the Assembly at the first meeting in August. Ideally, the meetings would be held during the day in order to accommodate everyone’s already hectic schedules and would be kept to a very strict timeline. The scope of work for the group will be to evaluate the current Election process, identify the challenges, review new options (software demonstrations, subject matter expert presentations) and ultimately to make a recommendation to the Assembly/Councils on how to administer elections moving forward. That may look like our current practice with new software and hardware or that may look like an entirely new model i.e. by mail elections with vote centers. For those folks participating outside of the central peninsula we would establish either telephonic or skype type participation. Elections are clearly something that effect all of us and I am certain that my desire to conduct accessible and efficient elections is shared by all. Please let me know if you will be able to participate or if you will be able to assign a representative, if your City Clerk will be able to participate and who will be representing the council. Let me know if you have any questions or concerns. If you need time to seek approval from your councils of course we will accommodate that timeline. My thought is that the first meeting would not be held until February. Thank you for your consideration, Johni Blankenship, MMC Borough Clerk (907) 714-2162 direct 137 Kenai Peninsula Borough Office of the Borough Clerk TO: THRU: FROM: DATE: RE: MEMORANDUM Wayne Ogle, Assembly President Members, Kenai Peninsula Borough Assembly Wayne Ogle, Assembly President Holly Montague, Deputy Borough Attor~ Johni Blankenship, Borough Clerk {~)~""" December 21, 2018 Resolution 2019-__Q_Q__C2_, Directing the Kenai Peninsula Borough Clerk to Establish an Election Stakeholders Group to Explore Implementing Optional Election Models to Better Serve Kenai Peninsula Voters and Ratifying a State of Alaska Commission for Human Rights Conciliation Agreement (Ogle) In 2015 a complaint was filed with the Alaska State Commission for Human Rights ("ASCHR") regarding the accommodations offered to visually impaired voters. The KPB 's accommodations are similar to those of municipalities throughout the state. However, in October of 2018 the ASCHR investigation resulted in a finding of probable cause of discrimination. The borough clerk would like to move forward with accommodating visually impaired voters ' ability to vote independently and privately. Therefore, assembly ratification of the conciliation agreement is sought authorizing the borough clerk to explore d iff erent options to provide accessible voting methods for all . Specifically inc luded in this exploration will be an evaluation of a by-mail voting system and the establishment of vote centers open for two weeks prior to the election, as well as a review of other options. The conciliation agreement also requires a stakeholders group be formed to evaluate election methodologies which includes a member representing the visually impaired community . The stakeholders group would also include municipal managers from within the borough, two members of the borough's canvas board, one member representing the League of Women Voters, two assembly members and a member from each city council. Staff support would 138 Page -2- December 21, 2018 Re : Resolution 2019-~ be provided by the borough and city clerks , the borough attorney's office, borough IT and GIS. The borough clerk looks forward to exploring ways to increase voter participation and making exercising the right to vote more accessible for all eligible voters. Your support of this resolution is appreciated. 139 Kenai Peninsula Borough, Alaska Resolution 2019-006 Page 1 of 3 Introduced by: Ogle Date: 01/08/19 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2019-006 A RESOLUTION DIRECTING THE KENAI PENINSULA BOROUGH CLERK TO ESTABLISH AN ELECTION STAKEHOLDERS GROUP TO EXPLORE IMPLEMENTING OPTIONAL ELECTION MODELS TO BETTER SERVE KENAI PENINSULA VOTERS AND RATIFYING A STATE OF ALASKA COMMISSION FOR HUMAN RIGHTS CONCILIATION AGREEMENT WHEREAS, the Kenai Peninsula Borough Assembly (“assembly”) recognizes that while local elections directly impact the everyday lives of borough residents, voter turnout in borough and municipal elections is typically low and the current election process consumes considerable community resources; and WHEREAS, the Kenai Peninsula Borough (“borough”) currently conducts regular elections both by traditional polling locations open only on election day and by mail for more remote precincts and through absentee in person voting sites; and WHEREAS, the assembly supports increased voter participation by developing a sustainable election process that maximizes accessibility and inclusivity while conserving public resources; and WHEREAS, the assembly supports establishing an Election Stakeholders Group (“Stakeholders Group”) for the purpose of evaluating and soliciting constituent comments about various election models to better serve borough and municipal voters; and WHEREAS, the borough prioritizes accessibility for all voters to be able to exercise private and independent voting; and WHEREAS, the borough further prioritizes security and accuracy in the administration of all elections; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. The Stakeholders Group is established to research ways to increase voter participation by developing sustainable election processes that maximize accessibility and inclusivity while conserving public resources. 140 Resolution 2019-006 Kenai Peninsula Borough, Alaska Page 2 of 3 SECTION 2. The Stakeholders Group is directed to explore all aspects of administering borough and municipal elections including the traditional polling site model and the by mail hybrid model currently being explored by the State of Alaska Election Policy Work Group which includes by-mail voting with vote centers available two weeks prior to the election. SECTION 3. The Stakeholders Group members shall include a representative of the borough administration, one community representative qualified to represent the interests of persons with visual impairments, two members of the borough’s canvas board, one member representing the League of Women Voters, the municipal managers and one council member from each municipality within the borough, and two assembly members. SECTION 4. Staff support for the Stakeholders Group shall include representatives from the Kenai Peninsula Borough’s Clerk’s Office, the borough legal department, the borough IT and GIS departments and municipal clerks from the other municipalities within the borough. SECTION 5. Appointments to the Stakeholders Group shall be appointed as follows: The borough assembly shall appoint two assembly members The borough mayor shall appoint the administration representative The borough clerk shall appoint two members from the canvas board, one member of the League of Women Voters and one visually impaired representative The city council of each participating city shall appoint one council member SECTION 6. The Stakeholders Group is subject to the Alaska Open Meetings Act and will use Robert’s Rules of Order to conduct business. SECTION 7. The Stakeholders Group shall have no authority to act on behalf of the assembly or administration or communicate on the borough’s behalf other than to make recommendations to the assembly, city councils, and borough and city administration. SECTION 8. The Stakeholders Group will report to the assembly no later than the first meeting in August of 2019. SECTION 9. The Stakeholders Group shall terminate on August 31, 2019, unless extended by the assembly. 141 Kenai Peninsula Borough, Alaska Resolution 2019-006 Page 3 of 3 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 8TH DAY OF JANUARY, 2019. ____________________________________ Wayne H. Ogle, Assembly President ATTEST: __________________________________ Johni Blankenship, MMC, Borough Clerk Yes: No: Absent: 142 143 144 145 146 147 148 149 150 City of Seward Strategic Plan M Approved by City Council Resolution No 99 043 151 This Strategic Plan is a flexible and evolving document which the City government will use to move the community into the future Introduction The community of Seward is using strategic planning to identify and address the ajor issues ofthe future The City Council Planning and Zoning Commission and administrative staff developed this plan using the results of the Community Town Meetings to guide the City to the year 2020 The goals and objectives identified under each vision element were developed based on a five year schedule for completing the objectives and attaining the goals This Strategic Plan is a flexible and evolving document which will guide decision making The City will use this plan to develop specific action items to move our community with confidence into the twenty first century Our Beginning Seward was founded in 1903 as a railroading town one of Alaska s earliest pianned communities This ice free port became the tidewater te inus for an overland route o the Interior the gateway to the Iditarod gold fields and the means to export the state s agricultural mineral and timber resources Page 1152 This vision reflects the citizen s hopes for the Seward community into and beyond the year 2020 Our Vision Building on Seward s heritage and impressive natural setting the community s vision for Seward includes an attractive healthy vibrant community a strong diverse economy with quality business educational and recreational opportunities a process for orderly growth and an appreciation of local history culture and sense of community The City s Mission The mission of the City of Seward government is to provide quality leadership operate efficiently be responsive to the desires of its residents preserve and promote the unique heritage and natural setting of the city and further the social and economic well being of its citizens Page 2 153 These elements comprIse today s vision of Seward in the year 2020 VISION ELEMENTS Economic Base We are a community that promotes economIc diversity encourages growth of year round businesses desires environmentally responsible industry and seeks jobs that promote a higher standard of living Growth Management and Land Use Planning We have an attractive community in which to live work be educated and recreate where growth is orderly and driven by community consensus Growth and land use planning are coordinated through the collaboration of private and public entities We promote and facilitate balanced development Recreation and Leisure We provide diverse year round indoor and outdoor recreational educational and cultural opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds Page 3154 These elements comprise today s vision of Seward in the year 2020 VISION ELEMENTS HistolY and Sense of Community We value and protect Seward s historic ch acter culture and physical attributes all of which contribute to its strong sense of community Natural Environment We celebrate our natural environment by preserving views and open spaces working in harmony with nature protecting wildlife and providing environmentally sensitive access to nearby waterways glaciers fjords mountains and marine life Transportation Facilities Weare a community with diverse transportation facilities including road rail air pedestri and water routes that meet the needs of residents businesses and visitors Page 4155 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Economic Base We are a community that promoreseconomic diversity encourages growth of year round businesses desires environmentally responsible industry and seeks jobs that promote a higher standard of living Goals and Objectives Attract New Industry Develop an aggressive marketing campaign which highlights the diverse resources and quality of life that make Seward a great place to live and establish a business or industry Develop appropriate economic tools to attract industry Endeavor to provide modern communication infrastructure Adjust local development regulations where appropriate to encourage development that is consistent with our economic base VISIon Develop infrastructure expansion plans for currently undeveloped residential and commercial property Establish a foreign trade zone Page 5156 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Attract More Public Sector FederaVState Employment and Program Funding Continu to lobby on behalf of the University of Alaska in their efforts to expand the Institute of Marine Science facility in Seward Continue to lobby the Department of Corrections and the state legislature to expand the Spring Creek Correctional Center Continue to lobby for the growth of the Alaska Vocational Technical Center Support construction of the inter agency facility including National Park Service U S Forest Service Alaska State Parks and University ofAlaska Continue to support external funding for the Alaska SeaLife Center Support efforts of village and regional native corporations to expand their services Encourage the appointment of a supenor court judge and construction of a courthouse public safety building in Seward Page 6 157 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Improve and Expand Maritime Facilities Complete the renovation of the Small Boat Harbor Continue working with the Alaska Railroad Alaska Marine Highway System shipping and cruise ship industries to ensure the expansion and modernization of the freight and cruise ship port facilities Complete the eastward expansion of the Small Boat Harbor Reduce Energy Costs Expand customer base within the Seward Electric Utility area Complete a utility rate study Continue to support efforts that would provide Seward with alternative energy sources including natural gas hydropower etc Expand Development in the Seward Marine Industrial Center Resolve the financial burden of the North Dock Expand utilities throughout the Seward Marine Industrial Center area Develop an active marketing campaign Page 7 158 These goals and objectives will guide the City government over the next five years to help reach the community s visionfor the year 2020 Promote Winter Activities Promote winter back country activities such as the expansion of nordic ski trails alpine skiing and snowmachining Support and encourage the development of an ice skatinghockey facility Page 8159 These goals and objectives will guide the City government over the next five years to help reach the cO11munity s vision for the year 2020 Growth Management and Land Use Planning We have an attractive community in which to live work be educated and recreate where growth is orderly and driven by community consensus Growth and land use planning are coordinated through the collaboration ofprivaie and public entities We promote and facilitate balanced development Goals and Objectives Establish An Attractive Highway Corridor From Mile 0 8 Establish a joint land use planning process for the corridor with the local residents and the Kenai Peninsula Borough Coordinate with local residents and the Borough to develop a specific land use plan for the corridor Implement the jointly adopted land use plan Promote Residential and Commercial Development Inside The City Encourage construction of residential and seasonal housing at all market levels Streamline plan approval and building inspection processes Page 9 160 These goals and objectives wilt guide the City government over the next five years to help reach the community s vision for the year 2020 Develop infrastructure and utility expansion plans for currently undeveloped residential and commercial property Create a financial plan for new services and infrastructure Reduce utility costs Maintain Comprehensive And Land Use Plans That Reflect And Achieve The Community s Vision Revise the Comprehensive Plan so that it is consistent with this Strategic Plan Annually review update and affirm the Comprehensive and Land Use Plans Revise the Comprehensive Plan to include infrastructure and growth plans Pursue the community s vision thro gh rigorous imple mentation of the Comprehensive and Land Use Plans Promote in fill development by encouraging and promoting construction on vacant sites in already established areas of the city Achieve public awareness and acceptance of the Comprehensive and Land Use Plans through public participation in town meetings outreach to community groups and increased public relations Page 10161 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Ensure that all legislative and administrative decisions are consistent with the goals of the Strategic and Comprehensive plans Update the Zoning Code in order to implement the Comprehensive Plan Work towards bringing the Zoning Map into conformance with the Land Use Plan Ensure uniform and consistent enforcement of the Zoning Code Mitigate Flood Hazards Secure funding to implement the comprehensive flood mitigation plan for Resurrection River and Japanese Creek Actively maintain the Fourth of July Creek channel through debris removal Determine the best solution and seek adequate funding to dimin sh the Lowell Creek flood potential Plan and Prepare for Natural Disasters Actively participate in the National Flood Insurance Program Coordinate with the Kenai Peninsula Borough to annually review all disaster emergency plans Coordinate community wide disaster preparedness training and public education efforts Page 11162 These goal and objectives will guide the City government over the next five years to help reach the community s vis ion for the year 2020 Recreation and Leisure We provide diverse year round indoor and outdoor recreational educational and cultural opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds Goals and Objectives Beautify Waterfront Park Develop a landscaping plan for Waterfront Park which provides for additional green space Protect Waterfront Open Space Maintain Park Zoning designation throughout Waterfront Park Develop and Improve Public Playgrounds Replace and maintain equipment with a focus on safety and ADA accessibility Complete Two Lakes Park improvement plan Develop a neighborhood park in the Gateway Subdivision Encourage Cultural Activities Expand Library Services and Develop Additional Recreational Facilities Page 12163 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 History and Sense of Community We value and protect Seward s historic character culture and physical attributes all of which contribute to its strong sense of community loals and Objectives Enhance the Sense of Community Among Residents of the Greater Seward Area Make every effort to involve the entire community in decision making processes Maintain Seward s small town character throughout the growth process Promote the development of local communication networks Encourage the Recognition Rehabilitation and Preservation of Historic Sites and Buildings Support the Historic Preservation Commission s efforts to raise public awareness regarding local historic property Plan and Celebrate the Seward Centennial Celebration in 2003 Page 13164 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Continue to Support and Encourage the Re vitalization of Downtown Focus downtown revitalization efforts on vacant and dilapidated buildings Complete Hoben Park improvements Identify location for public restrooms and fund construction Encourage downtown resident apartments Page 14165 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Natural Environment We celebrate our natural environment by preserving views and open spaces working in harmony with nature protecting wildlife and providing environmentally sensitive access to nearby waterways glaciers fjords mountains and marine life Goqls and Objectives Preserve and Protect the Scenic Views of the Mountains and Resurrection Bay Ensure that Waterfront Park is zoned and dedicated for park purposes in perpetuity Seek ways to protect the watershed and mitigate development impacts on the slopes of Bear Mountain Marathon Mountain Mount Benson and the Mt Alice bench Encourage Citizens As Well As The City To Take An Active Role In Beautifying The Community Plant trees shrubs and wildflowers Develop landscaping recommendations Page 15 166 These goals and objectives will guide the City government over the next five years to help reach the community s vision for the year 2020 Expanded Transportation Facilities We are a community with diverse transportation facilities including road rail air pedestrian and water routes that meet the needs of residents businesses and visitors Goals and Objectives Provide Safe and Efficient Vellicular Tran portation Facilities That Meet the Needs of the Community Use the State Transportation Improvement Plan STIP to complete the Seward Highway MP 0 8 improvement project which includes replacing the Resurrection River bridges and constructing a separated pedestrianlbicycle path and upgrade Lowell Point Road Improve public transportation between downtown and the harbor by developing an ADA compliant local transit system Improve access to and within the City Improve the State Airport Complete an airport runway expansion feasibility study Develop a flood mitigation project to protect the runway from flooding Upgrade navigational aids technology Page 16167 These goals and objectives will guide the City government over the next five years to help reach the comlunity s vision for the year 2020 Expand and Maintain Existing Sidewalks and the Multi Purpose Trail System in Order to Provide a Safe Fully Accessible Paved Pathway Throughout the City Construct a separated trail along the Seward Highway from mile 0 8 Construct a pedestrian sidewalk between the Alaska Railroad Dock an9 the lditarod Trail at Fourth Avenue and Van Buren Street Connect schools and residential areas through the development of sidewalks and trails Develop long term sidewalk installation plans Ensure year round maintenance of existing sidewalks Support the construction of a pedestrian path to Exit Glacier Page 17 168 These elements comprise the community s vision of Seward in the year 2020 Other Major Elements of Our Vision The following elements were identified by the public as key components of Seward s vision Specific goals and objectives were not identified for these elements because many of them have already been addressed in other sections of the Plan However the Council Planning and Zoning Commission and administration agreed that they warranted special consiaeration in the Plan Expa d and integrate educational programs We are a community with quality educational resources and facilities that provide academic and personal growth opportunities for citizens of all ages Such a vision includes integrating the Seward public schools University of Alaska Institute of Marine Science Alaska Vocational Technical Center Alaska SeaLife Center and other such facilities to maximize resources Promote a safe community Weare a community that promotes the public health safety and welfare of its residents by preparing for natural and man made hazards through responsible building construction maintaining streets and sidewalks and providing superior police fire and disaster management services Expand availability of affordable diverse year round housing Seward has a wide range of housing alternatives to meet the varied needs of Seward s long term and seasonal residents Page 18169 These elements comprise the community s vision of Seward in the year 2020 Provide adequate funding for afinancially sound city government The City ofSeward is a fiscally responsible entity which utilizes creative and responsible ftmding alternatives Maintain and enhance medical and social services Weare a community that provides an integrated array of health 1are servies designed to protect and improve the quality of life for all citizens Page 19 170 Implementation It is the City s intent to consider the implementation ofall recommendations outlined in this Strategic Plan to the fullest extent possible In order to assist in the implementation the Plan will be used as the basis for all City Council Planning and Zoning Commission and administrative decision making The City of Seward annual operating budget capital improvement budgeting and Comprehensive Plan will also be developed consistent with the community vision and recommendations of the Strategic Plan f Page 20171 January 15, 2019 Governor Mike Dunleavy State Capitol, 3rd Floor PO Box 110001 Juneau, AK 99811 RE: Reappointment of Robert Ruffner to Alaska Board of Fisheries Dear Governor Dunleavy: On behalf of the Seward City Council, I would like to request that you reappoint Robert Ruffner to the Alaska Board of Fisheries this legislative session. Our community has had the opportunity to work with and get to know Mr. Ruffner over several years with his previous work with Kenai Watershed Forum. The focus of his work has been habitat improvement and reclamation, particularly for anadromous fish streams. He and the Forum have also been an extremely valuable resource for our local Flood Service Area Board as they consider and implement flood mitigation strategies, again calling upon his expertise in habitat for salmon streams. We’ve learned from this experience that Mr. Ruffner’s first concern is for the overall good of the resource. This has been reaffirmed over the past three years in his service on the Board of Fisheries. We believe that concern will continue to serve the Board well as it considers the issues before it, and that Mr. Ruffner will help the Board fulfill the responsibility to manage the resource for the benefit of all the people of the State, and not to benefit any particular user group at the expense of another. We believe the ability to work productively within a group of people with different objectives that they are passionate about would be of great value to any board, and the people of Alaska would be well served by having Mr. Ruffner’s ability utilized at the Board of Fisheries. We’ve witnessed that ability in our own back yard. Several years ago a disastrous flood left many structures damaged, residents displaced, and no sign of help on the horizon. At a town hall meeting with over a hundred attending, emotions ran high, and opinions were all across the board. Mr. Ruffner moderated the meeting with a calming hand, and in the end brought out the key points needed for a solution satisfactory to the great majority. That’s a rare ability, and one that should be recognized, and is demonstrated by his leadership as the vice-chair of the Board of Fisheries. We urge you to reappoint Robert Ruffner’s nomination to the Alaska Board of Fisheries and we look forward to hosting the Board in Seward for the first time in December this year. Thank you for your consideration, David Squires, Mayor cc: Senator Peter Micciche Representative Ben Carpenter 172 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page CALL TO ORDER The November 26, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Sharyl Seese Jeremy Horn John Osenga Suzanne Towsley Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Skip Reierson said in the 40 years he had lived in Seward, there had been many things accomplished that people could be proud of. He wished everyone Happy Holidays, and thanked city employees for their service. He hoped the city would not dip into its savings account to cover expenses, and encouraged all businesses to remit the proper sales tax. Tim McDonald said taxes were not the issue in Seward; the city had a monopoly on the economy and that was the real problem. Safety was the main concern for lodging businesses. He thought the city had unfairly charged him $1,400 for sewage usage for his campground. Brad Snowden wished to speak about the Seward airport, and encouraged council to send a letter to Representative Don Young asking for his support. Regarding his idea for a new cruise ship dock, Snowden asked council for a letter of support, and said the Alaska Railroad supported his idea. Carol Griswold was pleased to see all council members present tonight. Regarding the Jesse Lee Home memorial, there were inaccuracies in the existing memorials that were on site; she wished there could be one memorial only. 173 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page Lynda Paquette welcomed all new council members. She announced that the Seward Civic Engagement meeting dates for December would be changed slightly due to scheduling conflicts, and encouraged people to watch her Facebook page for updates. The topic for the December meeting would be the city budget, and the January would be the code of ethics. Ristine Casagranda announced she had passed her real estate broker’s test. She thanked Paquette for volunteering her time and effort. Casagranda was concerned that the city may be dipping into its savings account, and suggested spending get cut back instead. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Lane added an item to Other New Business to discuss the city’s purchasing policy. McClure added Resolution 2018-086 to the consent agenda. Towsley added an item to Other New Business to discuss replacing Casagranda on the council’s personnel investigation committee. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 19, 2018 City Council Special Meeting Minutes (Declaration of Emergency). Approval of the October 19, 2018 City Council Special Meeting Minutes (Land & Water Conservation Fund Grant). Approval of the October 22, 2018 City Council Regular Meeting Minutes. Approval of the November 9, 2018 City Council Special Meeting Minutes (Transco). Approval of the November 9, 2018 City Council Special Meeting Minutes (Alaska SeaLife Center). Resolution 2018-086, Supporting the Transportation Priority To Be Considered For Grant Funding; To Be Submitted To The State of Alaska, Department of Transportation And Public Facilities. (McClure) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing Ristine Casagranda for eight years of service to the Seward City Council. 174 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page Recognizing Lee Poleske for receiving the Contribution to Alaska History Award. Borough Assembly Report. Kenn Carpenter reported the borough’s chief of staff, John Cook, would be moving to Juneau to serve the governor. Borough Mayor Charlie Pierce and Seward Mayor Dave Squires had met to discuss proactive measures to mitigate floods long term. The assembly adopted a new resolution to allow anyone to deliver the assembly’s invocation. Budget talks would be starting soon. McClure commended Carpenter for being very responsive to citizen calls regarding any borough issues. Chamber of Commerce Report. Cindy Clock was looking forward to working with council in 2019. There were about 400 chamber members. Small Business Saturday was very successful last weekend. City Manager Report. Interim City Manager Jeff Bridges reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $88,000 to YourCleanEnergy, LLC for the Lowell Creek hydroelectric feasibility and cost analysis study; $206,731 to Jaffa Construction for lead paint abatement for the Lowell Canyon water tank; $6,500 to Kevin Young for repairs to ground water infiltration; $16,366.59 to Spenard Builders Supply for the building package for the washdown pad at the Seward Marine Industrial Center (SMIC); and, $10,490.38 to PCMG, Inc. for Meraki equipment at the library. Bridges announced the scoring criteria for the Request for Proposals for copier services: Total operational cost 35% (equipment and consumables) References 30% Average service response time to Seward 35% Total 100% Bridges announced the scoring criteria for the Request for Proposals for executive search services for the permanent city manager hire: Description of firm and personnel assigned to project 10% Recruitment process 15% Methodology for attracting qualified candidates 15% Applicant review and verification process 10% Experience in Alaska 10% List of recent successful searches 5% References 10% Price 10% Ability to meet schedule 15% Total 100% 175 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page On December 12, 2018 at 7:30 p.m. the Alaska Department of Transportation would be in Seward for a public meeting at the KM Rae Building. They would be releasing their initial environmental impact statement about the airport project. Bridges encouraged all citizens who were interested in this project to attend and provide input. Seese wondered why there was no United States flag hanging at the Benny Benson Park. In response, Parks & Recreation Director Karin Sturdy said the U.S. flag and the city flag had been removed for the winter because the weather was so hard on the flags. By unanimous consent, council directed the city manager to fly three flags at the Benny Benson Park: U.S. flag, State of Alaska flag, and City of Seward flag. In response to Towsley, Bridges said the city’s intention was to create a dog park next door to the new animal shelter; this would require borough permission. Towsley wished to have the area fenced as soon as feasible. City Attorney Report. City Attorney Will Earnhart said Katie Davies would not be attending council meetings going forward. Davies had left the firm and moved to the lower 48 to be nearer to family, following the birth of her second child. Earnhart said the October bill was $8,400 and he expected the November bill to be less than $5,000. Earnhart attended the Alaska Municipal League (AML) conference; one topic of interest was allowing online sales to be taxed, based on zip code – this would be difficult for Seward because the 99664 zip code was shared by residences within and without city limits. In response to Towsley, Earnhart said the website CourtView would show a list of who was actively suing the city because it was public knowledge. He reported that, besides Orion, the only other active lawsuit against the city was from Angela Ebberson, a former employee. In addition, there had been several Human Rights Commission complaints filed against the city, but Earnhart said all had been dismissed. Other Reports, Announcements and Presentations Planning and Zoning Commission Quarterly Report (Commissioner Fleming) Alaska Municipal League (AML) Travel Report by Mayor Squires and Council Members Seese, Osenga, and Lane White House Tour and Federal Priorities Roundtable Travel Report by Mayor Squires Obihiro Delegation Report PUBLIC HEARINGS – None UNFINISHED BUSINESS – None 176 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page NEW BUSINESS Resolutions Resolution 2018-088, Approving A Grant Agreement Between The City Of Seward And The Alaska Department Of Commerce, Community, And Economic Development Division Of Community And Regional Affairs For A Designated Legislative Grant In The Amount Of $1,073,441.46 For Hazardous Material Removal, Site Remediation, And Construction Of A Memorial At The Site Of The Jesse Lee Home. Motion (McClure/Towsley) Approve Resolution 2018-088 Bridges explained this grant agreement would only come into service if the Jesse Lee Home reverted back to the city next year. In response to Towsley, Bridges said August, 2019 would be the timeframe if reversion happened. Lane said this was 2.66 acres of property; she wondered what could happen to the property if, in fact, it came back to the city. Squires replied that nothing would happen to this property until or unless the property came back to the city, and then only at the behest of the citizens. McClure thought it was forward-thinking for the city to prepare by accepting this grant. Council suspended the rules to speak with Sue Lang. Sue Lang explained she was the volunteer coordinator since May, 2018. The company who did the remediation work in 2012 was no longer in business. Council went back on the rules. Motion Passed Unanimous Resolution 2018-089, Authorizing The City Manager To Accept Alaska Energy Authority Grant #7091242 In The Amount Of $725,000 For The Design And Construction Of A Ground Source Heat Pump Which Will Draw Heat From The Resurrection Bay To Heat A Heating District Containing Four City Buildings, With Potential For Future Expansion And Authorizing A City Match Of $157,497 For A Total Project Cost Of $882,497 And Appropriating Funds. Motion (McClure/Seese) Approve Resolution 2018-089 Bridges said this was an exciting project, and he was pleased to bring this forward. In order to move this project forward, the first step would be for council to accept these grant funds. Seese said understood that this heating source would save the city $25,000 per year in fuel charges, and she wondered if the residents would subsequently enjoy a reduction. Bridges said the actual savings depended on all costs. 177 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page Lane agreed this was exciting and strongly supported this idea. Squires added this would be a community pilot project, and if it was successful, it could be expanded. Motion Passed Unanimous Resolution 2018-090, Authorizing The City Manager To Hire Term Employees For The Seward Police Department Who Elect To Forego Health And/Or Retirement Benefits, At A Higher Hourly Rate Of Pay Utilizing Benefit Savings, To Attract Qualified Employees. Motion (McClure/Osenga) Approve Resolution 2018-090 Bridges said this resolution would provide greater flexibility in hiring police officers; there was currently one vacancy now in the Police Department. There was one internal candidate that would attend the police academy in February, 2019; one officer would be deployed early in 2019 for one year, another would be on maternity leave next year, and another was retiring in the spring. In response to McClure, Bridges said there would be two immediate hires, and the potential for one additional in the future. In response to Osenga, Bridges said this was intended as a short-term solution. In response to Seese, Bridges said he would not advise capping the length of the contract. Lane said this made her uncomfortable; in the midst of union negotiations; she did not wish for this to be open-ended. Lane was concerned that there was no contract in place with the union; she wanted to have the hiring filled with permanent local hires. Bridges said the letter that council received from the union president was not sanctioned; as well, not all the facts represented in the letter were accurate. Bridges said his primary concern was to ensure public safety. Towsley respected that public safety was the priority; she was concerned that these hires would be in a separate class from the regular police officers. In response to Towsley, Bridges said there was a two year cap on this item, and would allow the time for the city to get their own officers trained. Osenga reiterated that this would be a temporary fix to keep the police department manned. Squires stated that hiring these employees would require the department to stay within their council-approved budget, which was a measure of limit. However, within the sections of the resolution there were no stated reasons why the hiring would take place (i.e., for what reasons), and also the time limit for capping the contract, and minimum manning standards; for those reasons, he wished there was stronger language in the sections. Motion to Postpone (Towsley/Squires) Postpone Resolution 2018-090 to the December 10, 2018 meeting. Motion to Postpone Passed Yes: Lane, McClure, Osenga, Towsley, Squires 178 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page No: Seese, Horn Resolution 2018-091, Awarding A Contract For Custodial Services To Ingersoll Enterprises. Motion (McClure/Towsley) Approve Resolution 2018-091 Bridges said the Parks & Recreation Department had released a Request for Proposals for custodial services, and received one response from Ingersoll Enterprises. Lane was concerned that the scope of work considered in this contract may be overestimated. In response to Towsley, Bridges confirmed that this contract was not replacing the unfilled custodial position; there was already an existing contract for these services. Motion Passed Yes: Seese, Towsley, Horn, McClure, Osenga, Squires No: Lane Other New Business Schedule a work session (in December) to review and discuss mid-cycle budget amendments. Council scheduled a work session on December 11, 2018 at 6:00 p.m. Discuss general policy for city employees to borrow from the city or the city to borrow money from the employees. The city policy states that borrowing funds between the city and employees is prohibited, in either direction; however, at times an employee will purchase an item at their own expense and seek reimbursement. Discuss replacing former council member Casagranda on the council’s personnel investigation committee. Towsley was appointed to replace Casagranda. The committee now comprised of Squires, Horn, and Towsley. INFORMATIONAL ITEMS AND REPORTS A. On-going City Project and Goal List B. September, 2018 Financial Reports for the City of Seward and Providence Seward Medical and Care Center C. Clerk’s Report on Public Records Request through November 20, 2018 COUNCIL COMMENTS Osenga was happy to be present for Lee Poleske’s recognition tonight because Poleske was one of Osenga’s high school teachers. Horn hoped everyone had a great Thanksgiving. He appreciated being a part of the Obihiro delegation, and commended Squires for being the consummate professional while on the trip. 179 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page McClure congratulated Lee Poleske, and said they both started high school together – she as a student and he as a teacher . The Community Choir was having a free concert on December 6, 2018 at 7:00 p.m. McClure expressed condolences to the family of Ralph Hatch. Council directed the city clerk to include proclamations in the council agenda packets. Towsley thanked all the speakers for coming tonight, and expressed her appreciation for Casagranda’s years of service. Seese thanked all the public for speaking tonight. She expressed condolences to the Hatch family, and also to the family of Kim Hughes. Seese wished everyone a great holiday season. Lane would be attending lunches at the Senior Center on council meeting Mondays. She would also be hosting her own office hours from 2:30-4:30 p.m. on council meeting Mondays at Res Art. Lane had a delightful time in Japan as a member of the delegation, and appreciated attending the AML Newly Elected Officials training. Squires welcomed the new council members to council. He requested council members to provide agenda statements when they brought forward a resolution for consideration. Squires congratulated Lee Poleske and Rissie Casagranda, and thanked them for their service. He expressed his condolences to the families who had recently lost family members. CITIZEN COMMENTS Tim McDonald gave his condolences to the Hatch family. McDonald supported having a full-time council and strong mayor system. McDonald suggested the Police Department by staffed seasonally by increasing during the summer months with term hires. He encouraged council to annex to mile 8, to expand the trail system, and to provide more winter commerce. Tyler Mallory sent council an email today regarding tonight’s resolution to hire term employees. He said there was a nationwide shortage of qualified police officers, and it took at least eight months to train a new officer. Mallory ensured council that there was a brotherhood amongst police officers that would prevent the inadvertent manifestation of a separate class of officers based on pay differences. Sue Lang read a letter from Doreen Lorenz who was the president of the Friends of the Jesse Lee Home, requesting that the city use grant funds to immediately shore up the security and the roof of the Jesse Lee Home. Willard Dunham thanked council for taking steps towards the heat pump system; he speculated that perhaps this would lead to having the entire downtown area heated, including heated sidewalks. 180 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page Ristine Casagranda strongly encouraged council to find a way to spend less. She requested that council reconsider the custodial services contract that was approved tonight in order to shorten the length of the contract. Lynda Paquette wanted to address citizens’ perception of hypocrisy; there had been a recent movement by administration to reach out to citizens who were not properly licensed to do business, yet there was a contract in tonight’s packet for a vendor who was not licensed. Council recessed the meeting to November 27, 2018 at 8:00 a.m. Council resumed the meeting on November 27, 2018 at 8:00 a.m. ROLL CALL There were present: David Squires presiding and Sue McClure Sharyl Seese Jeremy Horn John Osenga Suzanne Towsley Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent – None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Lane concurred with Casagranda that the city’s spending needed to get in check, and encouraged council to reconsider Resolution 2018-091 In response to McDonald, Squires did not believe council was the starting point on the topic of annexation, but that the request should come from the citizens. EXECUTIVE SESSION Go into Executive Session to report on Orion litigation status. (Per SCC 2.10.030) Motion (McClure/Lane) Go into executive session to report on Orion litigation status. Interim City Manager Jeff Bridges, City Attorney Will Earnhart, and Harbormaster Norm Regis were invited to remain. 181 City of Seward, Alaska City Council Meeting Minutes November 26, 2018 Volume 39, Page Motion Passed Unanimous Council entered into Executive Session at 8:04 a.m. Council came out of Executive Session at 8:42 a.m. Council directed city manager to bring forward a resolution. ADJOURNMENT The meeting was adjourned at 8:43 a.m. ________________________________ _________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 182 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page CALL TO ORDER The December 10, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Sue McClure. OPENING CEREMONY Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL These were present: Sue McClure presiding and Jeremy Horn John Osenga Suzanne Towsley Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Jessica Fogle, Deputy City Clerk Will Earnhart, City Attorney Absent – Seese, Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Christine Sheehan, Executive Director of Seaview Community Services, respectfully requested an amendment to Resolution 2018-095, Establishing the City of Seward’s 2019 State Legislative Priorities include support for Seaview Community Services. Anthony Baclaan invited everyone to attend a potluck for Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) at Blackwater Railroad’s building, and urged council to move forward with the city attorney review. Carol Griswold was glad the flags at the Benny Benson Park were coming back for discussion because supported taking them all down for the winter. She requested council save the date for a Monday work session on the days of council meetings, and she supported changing the budget fiscal year to July 1st. She thanked Rebecca Ivy for her years of service to the city. Brad Snowden announced that he was ready to move forward on a cruise ship dock and he said that he would like to enter into a long-term agreement with the city; he did not need any excess land for this project. This project could bring in additional revenue and new jobs to Seward; he said that shares of this dock would first be offered to residents of Seward. 183 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Lynda Paquette reminded everyone that a Seward Civic Engagement meeting would be held Thursday, December 13, 2018 at the library to review the city budget. Lynn Hohl, Co-President of Seaview Community Service’s Board of Directors, stated there was a precedent for having non-profits on the State Legislative Priorities list for Seward; she found examples ward in 2008, 2009, and 2010. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Towsley/Horn) Approval of Agenda and Consent Agenda Towsley requested to remove the reconsideration of Resolution 2018-091 from the agenda. Lane objected. Horn moved Resolution 2018-099 to the consent agenda. McClure moved Resolution 2018-092 to the consent agenda. McClure moved Resolution 2018-097 to the consent agenda with a housekeeping change to strike, “Ken Carpenter” and replace it with “Ben Carpenter”. Osenga removed the Chamber of Commerce Report from the agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2018-092, Supporting The City Manager Of The City Of Kenai, Or Their Designee, For Appointment To The Municipal Advisory Gas (MAG) Project Review Board, As The Member Of An Organization Representing The Interest Of Municipalities In The State. Resolution 2018-097, Supporting The Siting Of The Alaska Gasline Development Corporation’s Alaska LNG Liquefaction Plant And Marine Terminal In Nikiski, Alaska. Resolution 2018-099, Urging The Alaska Legislature And Governor To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2020 State Capital Budget. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards – None Borough Assembly Report – None City Manager Report. Interim City Manager Jeff Bridges reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $11,000 to Construction Machinery Industrial, LLC for new Volvo 104’ wide 3.0- yard hook-on GP bucket with 104” 3-pc bolt on edge kit for the Seward Marine Industrial Center. 184 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Bridges reported the scoring criteria for a Request for Proposals for custodial services at the library: Clarity of Proposal 5% Performance & Quality of Work 35% Financial Stability & Resources 20% Additional Services 5% Cost 35% Total 100% Bridges provided a synopsis of the November 28, 2018 earthquake and tsunami event. There was an earthquake at 8:30 a.m., followed by a tsunami warning. City staff initiated response activities in preparation. Communications coming to the city were inconsistent and confusing; part of the borough’s warning system was not working. By 10:00 a.m. the city was provided the all clear, and by noon the city’s operations resumed to normal. There were no damages or injuries reported. The borough would be investigating why a portion of the warning system had failed. In response to Lane, Bridges reported there had been training session conducted for department heads and their seconds on how to deal with stress, led by Lynne Curry. The training was well-received. City Attorney Report. City Attorney Will Earnhart apologized that there was no written report this week due to the earthquake. The November bill was $4,800. Earnhart spoke about the City of Juneau case regarding cruise ship passenger fees; cities would continue to charge cruise ship head tax fees, but those fees would have to be used in service to the vessel. Regarding the upcoming city attorney evaluation, he suggested having an open dialogue between council and himself in an executive session; council could take action later based on the results. Interim City Manager Jeff Bridges requested to add an additional item to the City Manager Report. Bridges reported the scoring criteria for a Request for Proposals for engineering services to design the repairs on Lowell Point Road: Engineering experience with coastal erosion projects in Alaska 20% Work history with City of Seward 20% Rate schedule 10% Experience with FEMA projects 20% Timeline 10% Litigation history 10% References 10% Total 100% Other Reports, Announcements and Presentations – None PUBLIC HEARINGS – None 185 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page UNFINISHED BUSINESS Items Postponed From Previous Agenda Resolution 2018-090, Authorizing The City Manager To Hire Term Employees For The Seward Police Department Who Elect To Forego Health And/Or Retirement Benefits, At A Higher Hourly Rate Of Pay Utilizing Benefit Savings, To Attract Qualified Employees. The original motion was made by McClure and seconded by Osenga at the November 26, 2018 meeting. There were no amendments made before postponement. Bridges stated that administration had provided a substitute resolution for council consideration, based on the feedback from the November 26, 2018 meeting. Motion to Amend (Towsley/Osenga) Amend Resolution 2018-090 by replacing it with the substitute version Motion to Amend Passed Unanimous Lane was concerned that adopting the substitute resolution would undercut the union negotiations. Motion to Amend (Lane/) Amend Resolution 2018-090 in Section 2 by striking the words, “Not to Exceed Two Years” and replacing them with, “Not to Exceed One Year”. Bridges stated that “not to exceed two years” was currently in the Seward City Code. The goal of this resolution was to temporarily hire qualified officers to fill these positions, while recruiting and training new permanent employees. Motion died due to lack of second. Motion to Amend (Towsley/Lane) Amend Resolution 2018-090 in Section 3 by adding the word “two” so it reads, “…finds it advisable to hire two temporary term employees.” Bridges said the city may need up to four temporary employees, depending on the cycle of Police Academy training, as well as any foreseen or unforeseen circumstances in the officers’ lives; how these circumstances overlap will determine how many temporary officers will be needed. Council suspended the rules to speak with Police Chief Tom Clemons. Police Chief Tom Clemons said that a list of qualified candidates was available from the Alaska Police Standards Council. Retired police officers and troopers would be hired, and they would have one week of accompanied training with a Seward police officer before being on their own. 186 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Bridges that it should be noted that this restriction only applied to hiring employees for these temporary positions; all other positions under Title 3 would remain unrestricted. The motion to amend was withdrawn with no objection from council. Council went back on the rules. Motion to Amend (Towsley/Lane) Amend Resolution 2018-090 in Section 3 to read “The City of Seward finds it advisable to hire as many as four temporary term employees during the recruitment and training of new officers…” In response to Towsley, Bridges said that he did not understand the nature of the resistance to approving this resolution; it was the intention to hire fully-trained police officers, and this was a public safety issue. Motion to Amend Failed Yes: Towsley, Lane No: Osenga, Horn, McClure McClure considered this to be the fiscally responsible thing to do, and it was a unique circumstance to have this many officers leave at once. Main Motion Passed Yes: Towsley, Osenga, Horn, McClure No: Lane Items For Reconsideration Resolution 2018-091, Awarding A Contract For Custodial Services To Ingersoll Enterprises. There was no motion to bring this resolution forward for reconsideration, so the reconsideration died. NEW BUSINESS Resolutions Resolution 2018-093, Affirming The Support Of The Formation Of A Transco. Motion (Towsley/Osenga) Approve Resolution 2018-093 Electric Utilities Manager John Foutz said this resolution was asking council to re-affirm their approval of Resolution 2018-037. For explanation, Foutz said Transco was a transmission company which would consist of six Railbelt utilities: City of Seward, Golden Valley Electric in Fairbanks, Matanuska Electric, Chugach Electric, Municipal Light and Power in Anchorage, and Homer Electric. All of the transmission on the Railbelt would be consolidated into one company that 187 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page would focus on transmission, maximizing the best rates for all rate payers in the Railbelt. Motion Passed Unanimous Resolution 2018-094, Amending The City Of Seward’s Calendar Year 2019 City Legislative Priorities. Main Motion (Lane/Towsley) Approve Resolution 2018-094 Motion to Amend (Towsley/Horn) Amend Resolution 2018-094 in the title and throughout by striking the word “Amending” and replacing it with the word “Establishing”. Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-094 in Section B Number 4 by striking the words “Ice- Skating Rink” and replacing it with “Multi-Purpose Facility”. Motion to Amend Passed Unanimous Main Motion Approved Unanimous Resolution 2018-095, Amending The City Of Seward’s Calendar Year 2019 State Legislative Priorities Motion (Towsley/Horn) Approve Resolution 2018-095 Motion to Amend (Towsley/Horn) Amend Resolution 2018-095 in the title and throughout by striking the word “Amending” and replacing it with the word “Establishing”. Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-095 by adding a new #11 in Section 1 A “Beneficial Legislations” which reads, “Legislative support for expanding access to mental health and substance use disorder treatment and recovery to include expansion and renovation of Seaview Community Services existing behavioral health treatment facility.” 188 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Motion to Amend Passed Unanimous Main Motion Unanimous Resolution 2018-096, Establishing The City Of Seward’s Calendar Year 2019 Federal Legislative Priorities. Motion (Osenga/Towsley) Approve Resolution 2018-096 Motion Passed Unanimous Council recessed at 8:22 p.m. Council resumed at 8:30 p.m. Resolution 2018-098, Authorizing The City Manager To Enter Into A Consent Assignment To Seaweed And The Mermaid, LLC To The Lease Agreement L09-095 With The Darling Family Trust, For Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2000-19, Seward Recording District, Third Judicial District, State Of Alaska, To Extend The Term Of The Lease Fourteen Years, And To Add Two Five Year Options To Renew. Motion (Horn/Towsley) Approve Resolution 2018-098 Motion to Amend (Horn/Towsley) Amend Resolution 2018-098 in the title by striking the words “Twenty Four Years” and replacing it with “Fourteen Years”. Motion To Amend Passed Unanimous Motion to Amend (Horn/Osenga) Amend Resolution 2018-098 by adding a new Section 3 which reads, “This lease will expire June 11, 2048 with the option to extend twice by five years” and moving all other Sections down. Harbormaster Norm Regis said that the banks liked 30 year leases and that was why the owner asked for a possible lease extension. Many city leases offered the option of two five-year extensions. By adding another fourteen years to the lease, the lease would become a 30-year lease. Motion To Amend Passed Unanimous In response to Lane, Regis said that the owner would have to bring the contract back to council before selling the property or business. In response to Towsley, Regis said this was a standard lease. Main Motion Passed Unanimous 189 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Resolution 2018-100, Authorizing The Use Of SMIC Grant Funds To Pay For SMIC Expansion Project Related Costs. Motion (Horn/Towsley) Approve Resolution 2018-100 Motion to Amend (Towsley/Horn) Amend Resolution 2018-100 in Section 1 by adding the following statement to the end of the sentence, “…received from the State of Alaska through the Alaska Department of Commerce of Community and Economic Development Grant.” Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-100 in Section 2 by striking the words, “…will be transferred to the SMIC Expansion Grant Fund from the SMIC Expansion Grant Fund” and replacing with the words, “…will be transferred to the SMIC Expansion Grant Fund 12333 from the SMIC Enterprise Fund 12000.” Motion to Amend Passed Unanimous Bridges said with the original $25 million grant for the Seward Marine Industrial Center (SMIC), there was approximately $500,000 in administrative monies that the city could use for non- construction related items. Bridges added that the goal was to use up the grant funds, so we would not have to give them back, and he wanted to use the full amount by the deadline, which was June, 2019. Main Motion Passed Unanimous Resolution 2018-101, Providing For Final Contract Settlement With Orion Marine Contractors, Inc. Motion (Horn/Towsley) Approve Resolution 2018-101 Bridges said the city was ready to finalize the contract with Orion relating to mobilization and de-mobilization of equipment. City Attorney Will Earnhart said that the decisions from the lower district court and the circuit court of appeals were available online by searching “Orion vs. Seward” and “Seward vs. Orion”. There was originally only one contract for building the breakwater, but it was changed from one phase to four separate phases. Orion completed the first phase and tried to up their bid by 25% after completing the first phase of the project. Orion was paid half of what they bid on mobilization and de-mobilization and had about $381,000 left in the amount they bid for. Orion asked for the 190 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page remaining $381,000 after completing the first phase and when the city did not give them the remaining balance because they did not complete the job, Orion took the city to federal court. The judge agreed that the city did not owe Orion any money, but Orion appealed the court’s decision. The city asked for re-hearing of this case, which was denied by the U.S. Supreme Court. The final settlement amount agreed upon was $450,000 to be paid out of the grant funds. Motion Passed Unanimous Other New Business Mayor appoint a member of the Council to receive the completed evaluation forms and tabulate the results prior to the formal evaluation sessions for the Interim City Manager (January, 2019), the City Attorney (February, 2019), and the City Clerk (March, 2019). By consensus, council agreed to postpone the City Clerk’s evaluation until a later date in 2019 (to be determined), to eliminate the Interim City Manager’s evaluation scheduled in January, 2019, and to potentially conduct the City Attorney’s evaluation in February, 2019. McClure suggested postponing this item to the January 14, 2019 meeting to discuss conducting the city attorney evaluation in February, 2019 and/or to discuss scheduling an executive session with the city attorney with no objection from council. Discuss a Possible Budget Cycle Change. (Lane) Lane wondered why the budget cycle corresponded with the calendar year, and what it would take to move to a July 1 fiscal year. In response, Bridges said the budget being on a calendar year allowed everyone to focus more on preparing the budget. Hickok added that it allowed for maximum public input, as well as being good for the staff. In response to McClure’s suggestion that work on the budget start earlier in the year, Bridges recommended working on the capital fund and enterprise fund in the spring, and then working on the general fund in summer/early fall. He suggested it might make the budget more manageable. Earnhart pointed out an ordinance would be required to change the budget cycle from a calendar year to a fiscal year. Discuss the Flags at Benny Benson Park. (Lane) By unanimous consent of council, the city manager would be responsible for managing the flags at Benny Benson Park. INFORMATIONAL ITEMS AND REPORTS A. On-going City Project and Goal List B. Clerk’s Report on Public Records Request through December 4, 2018 C. Letter of Appreciation to local businesses for Sister City Exchange support D. October, 2018 Financial Reports for Providence Seward Medical and Care Center 191 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page COUNCIL COMMENTS Horn wished everyone a great holiday season and thanked everyone for coming out to the meeting. Lane was thankful to be provided with the numbers for Parks & Recreation attendance. She thanked her husband and Bridges for helping her get her sales taxes in order, and apologized for unknowingly not paying taxes for her business. She was grateful for people speaking at meetings and talking to her around the community about their concerns. She would continue to hold office hours at Resurrect Art from 2:30-4:30 p.m. on the second and fourth Mondays of each month. Towsley thanked Lane for her apology. She also thanked the citizens who spoke at the meeting. She felt things were moving forward in a more positive and hopeful direction, and thanked everyone for their support. She wished everyone a Merry Christmas and said that she looked forward to 2019. McClure wished everyone a Merry Christmas, and she also relayed a Merry Christmas to everyone from Mayor Squires. She reminded everyone there would be a work session and special meeting on December 11, 2018 to discuss mid-cycle budget amendments for the 2018 budget. Bridges said that he would be out of town from December 16-27, 2018 and Fire Chief Eddie Athey would be the Acting City Manager during this time. CITIZEN COMMENTS Ristine Casagranda said there was a play at the high school this week at 7:00 pm on Monday, Tuesday, and Wednesday night, and encouraged everyone to go support the students. She was glad that council was moving forward with the city attorney’s evaluation; she reminded council that the city attorney was hired to work for the constituents and she believed that the city could be represented in a much better way. Becky Dunn said she believed that Shelli McDowell who managed the animal shelter was drastically under paid and hoped someone would take this into consideration. She also encouraged everyone to continue work on getting a new animal shelter. Carol Griswold said that the Nordik Viking sank at the harbor on Sunday, December 9, 2018 near T Dock and Icicle Seafoods, which caused a pollution of diesel fuel. She hoped the harbor would adopt a better protocol for diesel spills and asked that dog owners keep their dogs away from that water. She said she posted photos on sewardsnews.com and sewardsun.com and texted journalist Kyle Walker. Norm Regis asked that live-aboards continue to notify the harbor that they live on their boat, so they can help them evacuate during tsunamis and other natural disasters. 192 City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page Lynn Hohl thanked council for adding Seaview Community Services to the state legislative priorities list, and she asked that council include Seaview in discussions about non-profit organizations. She suggested making tsunami run-up zone maps readily available to the community. Lynda Paquette reminded council that new cruise ships with new dock requirements were coming and suggested using cruise ship money for these projects. She was concerned that the Federal Land Access Program (FLAP) for Lowell Point Road was not on the On-Going Projects and Goals list, and she did not want it to fall off the list. Paquette was also concerned about the city attorney report not being provided in the council packet for this meeting, and said that council and the public wanted more transparency. Anthony Baclaan strongly felt that the city attorney and the city law firm should be reviewed thoroughly. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges said that some grant money had been reserved to pay Orion if the case was lost. Due to Orion terminating the contract for convenience, the contract went back out to bid and money was saved by accepting a lower bid, and the money that was saved was used to pay the Orion case. Earnhart said that City Attorney Katie Davies had moved out of state to be closer to her family after having her second child and she was no longer with his firm. Lane thanked Dunn for speaking on Shelli’s behalf and strongly concurred. She thanked Griswold for presenting the timeline on the diesel spill. McClure said the evacuation map was posted in city hall and encouraged citizens to take a look at it. She explained that written reports from the city attorney were presented bi-monthly. Towsley reminded the public that Earnhart did not have a city attorney report this week due to the earthquake. ADJOURNMENT The meeting was adjourned at 10:18 p.m. ________________________________ _________________________________ Jessica Fogle Sue McClure Deputy City Clerk Vice Mayor (City Seal) 193 City of Seward, Alaska City Council Special Meeting Minutes December 11, 2018 Volume 39, Page 534 CALL TO ORDER The December 11, 2018 special meeting of the Seward City Council was called to order at 7:34 p.m. by Mayor David Squires. OPENING CEREMONY Citizen Lee Poleske led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Absent – Horn, Seese CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Resolution 2018-102, Amending The 2018 Budget To Reflect Mid-Cycle Budget Adjustments, And Appropriating Funds. Motion (McClure/Towsley) Approve Resolution 2018-102 Bridges explained that this resolution would implement necessary year-end budget adjustments. Motion Passed Unanimous 194 City of Seward, Alaska City Council Special Meeting Minutes December 11, 2018 Volume 39, Page 535 COUNCIL COMMENTS Osenga appreciated the clarity of the presentation provided by administration tonight. McClure also appreciated the preparation and presentation provided tonight. She added that on Saturday, December 15, 2018 at 12:00 p.m. there would be a gift wrapping party at the Fire Hall for the Angel Tree project. Towsley wished everyone Merry Christmas, and said the American Legion would be hosting a Toys For Tots fire truck ride with Santa on Saturday, December 15, 2018 at 11:00 a.m. Lane was appreciative of everyone’s support as she learned her role on council. She was interested in having a 2019 budget work session as soon as possible, and would be looking for ways to save money. Squires thanked McClure for covering last night’s meeting that he missed due to illness; he appreciated everyone’s well wishes for his recovery. He reminded council that it was important for each of them to read the agenda packet in advance of the meeting, as well as to pose questions in advance. Squires requested the city clerk prepare a 2019 budget amendment to address making improvements to the council chambers microphone and sound system, to include an on/off switch for council members to use when speaking, and providing for a better citizen experience. CITIZEN COMMENTS Lynda Paquette reminded everyone that the Seward Civic Engagement would meet tomorrow at the library at 6:00 p.m. and the topic would be understanding the city’s budget. Paquette noted the difference in atmosphere in city hall today versus one year ago, and commended Bridges for elevating the mood and morale. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges thanked Paquette for her comment. He reminded everyone that the Alaska Department of Transportation would be in Seward tomorrow evening for a public input session about the Seward airport; the meeting would be at the KM Rae Building at 5:00 p.m. Towsley thanked Paquette for being part of the positive culture change. Squires appreciated Paquette’s comment about Bridges, and said the bar was set pretty high for the next permanent city manager. 195 City of Seward, Alaska City Council Special Meeting Minutes December 11, 2018 Volume 39, Page 536 ADJOURNMENT The meeting was adjourned at 7:51 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 196 Agenda Statement Meeting Date: January 14, 2019 From: Brenda Ballou, City Clerk Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: 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 (PACAB). If council fails to do this, the Board will cease to exist within thirty (30) days. RECOMMENDATION: Council approve this continuation and renew the Port and Commerce Advisory Board through January, 2020. 19 Page 197 w AGENDA STATEMENT Meeting Date: January 14, 2019 From: Brenda Ballou, City Clerk Agenda Item: Approval of New Retail Marijuana License BACKGROUND & JUSTIFICATION: The City Council has an opportunity to approve the new retail marijuana license for the following business: Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License:Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough have no objections to the retail marijuana license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above retail marijuana license, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Retail Marijuana Store license#17758 for The Tufted Puffin, LLC. 199 Page 198 r y of SFS atAsif-P MEMORANDUM Date: November 26, 2018 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Brenda Ballou, City Clerk RE: Verifying Compliance for the Approval of Retail Marijuana License#17758 The following business has applied for a new retail marijuana license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 Department StatusInitials Finance/Leases 00111 p l i etu ij IV A - I6 ( Finance/Utilities 4ft+r,ti o &r 46L tt-2(0—t% Police Chief C d r.P L fR*'r 5'c /2- r' Fire Chief s 441,21"1/6 Deadline for Protest:January 21, 2019 197 Page 199 X01'1\l,tr Office of the Borough Clerk s " 9 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Johni Blankenship, MMC Borough Clerk December 10, 2018 Sent via email: clerk@citvofseward.net City of Seward Seward City Hall RE: New Application for Retail Marijuana Store Business Name The Tufted Puffin, LLC License Location : Seward/216 4th Ave. Unit 2 License No. 17758 Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, , t Johni Blankenship, MMC Borough Clerk cc: tuftedpuffinllc@gmail.com 200 ti OF ry Department of Commerce,Community, R 144, @ 'I I IE STATE and Economic Development L A S KA ALCOHOL&MARIJUANA CONTROL OFFICE atet = 550 West 7th Avenue,Suite 1600 V-."'"- " - GOVERNOR BILL WALKER Anchorage,AK 99501 Main: 907.269.0350 AS.AS November 21,2018 The Tufted Puffin LLC DBA:The Tufted Puffin LLC VIA email:tuftedpuffi nl Ic@gmail.com Re:Application Status for License#17758 Dear Applicant: AMCO has received your application fora retail marijuana store. Our staff has reviewed your application after receiving your application and required fees.Your application documents appearto be in order,and it has been determined thatyourapplication is complete for purposes of 3AAC 306.025(d). Your application will now be sent electronically,in its entirety,to your local government,your community council if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough, and to any non-profit agencies who have requested notification of applications.The local government has 60 days to protest the issuance of your license or waive protest. If you have not yet received all necessary approvals,such as a local license,conditional use permit,site plan review, Fire Marshal approval, or Department of Environmental Conservation approval, you should continue to work with those local or state agencies to get the requirements completed.We must also wait for the criminal history check for each individual licensee based on yourfingerprintcard(s).Yourapplication status in the application database will be changed to" Complete"today. Your application may be considered by the board while some approvals are still pending. However,your license will not be finally issued and ready to operate until all necessary approvals are received and a preliminary inspection of your premises by AMCO enforcement staff is completed. Your application will be scheduled for the December 20-21, 2018 board meeting for Marijuana Control Board consideration. The meeting agenda gets posted on our website 7 days before the board meeting. Your appearance at the meeting,either in-person ortelephonic,is mandatory.The telephone number is 1-800- 315-6338 code 69176#. Please feel free to contact us through the marijuana.licensing@alaska.gov email address if you have any questions. Sincerely, Edi: "e:fiM,,ay Erika McConnell,Director 907-269-0350 201 OF Ton gw\1y7, eA THE STATE Department of Commerce, Community, fALASKA and Economic Development f# t•tt== ALCOHOL&MARIJUANA CONTROL OFFICE GOVERNOR BILL WALKER 550 West 7th Avenue,Suite 1600 tip`-' Anchorage,AK 99501 ALA`33- Main:907.269.0350 November 21, 2018 City of Seward Attn: Brenda Ballou VIA Email: bballou@citvofseward.net clerk@cityofseward.net jblankenship@kpb.us micheleturner@kpb.us tshassetz@kpb.us License Number:17758 License Type: Retail Marijuana Store Licensee: The Tufted Puffin LLC Doing Business As: THE TUFTED PUFFIN LLC Physical Address: 216 4th Ave. Unit 2 Seward, AK 99664 Designated Licensee: Jennifer Wells Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Z New Application AMCO has received a completed application for the above listed license (see attached application documents)within your jurisdiction.This is the notice required under 3 AAC 306.025(d)( 2). To protest the approval of this application(s) pursuant to 3 AAC 306. 060,you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new license if the board finds that the license is prohibited under AS 17. 38 as a result of an ordinance or election conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the grounds that the proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance from the local ordinance. This application will be in front of the Marijuana Control Board at our December 20- 21, 2018 meeting. Sincerely, Eat,nileeeiti4 Erika McConnell, Director 202 Division of Corporations, Business and Professional Licensing Page 1 of 2 Department of Commerce, Community, and Economic Development CORPORATIONS , BUSINESS & PROFESSIONAL LICENSING State of Alaska/ Commerce/ Corporations, Business, and Professional Licensing/Search& Database Download/Corporations/Entity Details ENTITY DETAILS Name(s) Type Name Legal Name The Tufted Puffin LLC Entity Type: Limited Liability Company Entity#: 10075187 Status: Good Standing AK Formed Date: 1/4/2018 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2020 Entity Mailing Address: PO BOX 1934, PO BOX 1934, SEWARD, AK 99664 Entity Physical Address: 216 4TH AVE. UNIT#2, SEWARD, AK 99664 Registered Agent Agent Name: Randy Wells Registered Mailing Address: PO BOX 1934, SEWARD, AK 99664 Registered Physical Address: 210 BROWNELL ST, SEWARD, AK 99664 Officials Show Former AK Entity# Name Titles Owned Jennifer Wells Member, Manager 51 Randy Wells Member, Manager 49 https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/10075187 11/21/2018 203 Division of Corporations, Business and Professional Licensing Page 2 of 2 Filed Documents Date Filed Type Filing Certificate 1/04/2018 Creation Filing Click to View Click to View 10/24/2018 Initial Report Click to View COPYRIGHT©STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY,AND ECONOMIC DEVELOPMENT • EMAIL THE WEBMASTER https://www.commerce.alaska.gov/cbp/main/Search/EntityDetai 1/10075187 11/21/2018 204 Operating Agreement This Limited Liability Company Operating Agreement is for the The Tufted Puffin LLC organized under the laws of the State of Alaska by the filing of its orga- nizational documents on January 4th 20 18 . The parties to this agreement agree to operate a limited liability company under the follow- ing terms and conditions: 1. The members have the power to determine the location of the limited liability company's principal place of business. The members also have the power to designate the limited liability company's registered agent, who may be a member. The company's principal place of business shall be: 214 4th ave. Unit#2 Seward,Alaska 99664 The name and address of the company's registered agent shall be: Randy Wells 210 Brownell St.Seward,Alaska 99664 2. The initial members of the company are as follows: Name Address Jennifer Wells 210 Brownell St.#A Seward,AK 99664 Randy Wells 210 Brownell St.#A Seward, AK 99664 3. No members or managers of the limited liability company shall be personally liable for any debts, obligations, expenses, liabilities, or any claims made against the company. 4. The members of the limited liability company elect to have the company treated as a Limited Liability Company for state and federal income tax purposes.The mem- bers agree to execute and file any documents necessary to secure this tax treatment. 5. The start-up capital will be a total of$ 50,000.00 . Each member of the limited liability company agrees to contribute the following property,services,or cash to this total amount on or before the date indicated: AMCO Received 11/20/2018205 Name Cush/ServicesProperty Value Date Due Jennifer Wells 50,000.00 50,000.00 Jan 10th Randy Wells 50,000.00 50,000.00 Jan 10th 6. If additional capital is required by the limited liability company and is determined by a majority vote of the members,then each member shall be required to con- tribute to such additional capital in such proportions and by a certain date as determined by such vote. 7. If any member shall fail to make his or her initial or additional contributions as indicated by this agreement, any amendment to this agreement, or any additional agreement be- tween the members, then this company shall continue as a limited liability company of only those members who have satisfied their contribution requirements. Any member who has failed to satisfy his or her contribution requirements will not be a member of this limited liability company. Each member who has made a contribution shall then be entitled to a share of limited liability company profits and losses in proportion to the amount of their contribution to the total contributions. If any additional limited liability company contributions are necessary,such additional contributions shall be determined by the remaining members as specified under the terms of this agreement regarding"Ad- ditional Contributions"above. 8. Interest at the rate of 0 percent( 0 %)per annum shall be paid on each member's capital contributions that were paid in cash. The interest shall be an expense of the limited liability company and paid on an annual basis to the member who is entitled to it. 9. In addition to capital contributions, the following cash or property will be loaned to the limited liability company under the terms specified: Name of Member Cash/Properly Loaned 7ernzs of Loan Jennifer Wells Randy Wells 10. Each member's proportionate share of the profits and losses of the limited liability com- pany shall be as Follows: AMCO Received 11/20/2018206 Name Percent of Ownership of Limited Liability Company Jennifer Wells 51% Randy Wells 49% 11. Any profits or losses of the limited liability company shall be determined and distrib- uted to the members on a annual basis according to their proportion- ate share of the profits and losses of the limited liability company. However, the first 90 percent ( 90 %) of the profits for each such period shall be retained by the limited liability company for reinvestment in the limited liability company. 12. The management of the company shall be exclusively by Jennifer and Randy Wells The actual person(s) to manage the company and the salary of an such person(s) shall be determined by a majority vote of the members of the limited liability company, and the management may be removed at any time, with or without cause, by a like vote. 13. One or more managers may be selected under the terms of this agreement. if a single individual is selected to manage the company,such person shall have exclusive authority to make all management decisions. Otherwise, all limited liability company decisions will be made by majority vote among the persons selected to manage the company, except the major company decisions noted below, which must be decided by unanimous vote of the persons selected to manage the company. The manager(s) shall have the authority to conduct the day-to-day business of the limited liability company, without consultation with the other members.This shall include hiring and firing employ- ees, signing limited liability company checks, withdrawing funds from limited liability company accounts,borrowing money up to the amount of$ 0.00 ,and maintaining the books and records of the limited liability company. Major decisions are defined as follows: Asset Purchases, Loans, Investments,Legal,Advertising AMCO Received 11/20/2018207 14. The annual limited liability company meeting will be held on the first Monday in December of every year at 10 o'clock a . m..This meeting is for the purpose of assessing the current status of the limited liability company and transacting any necessary business. If this day is a legal holiday, the meeting will be held on the next day. 15. The place for the annual members meeting will be the principal office of the limited li- ability company, located at: 214 4th ave.Unit#2 Seward,Alaska 99664 16. A quorum for a members meeting will be a majority of the members. Once a quorum is present, business may be conducted at the meeting, even if members leave prior to adjournment. 17. At all meetings of members,a member may vote by signed proxy or by power of attorney. To be valid, a proxy must be filed with the limited liability company prior to the stated time of the meeting. No proxy may be valid for more than H1 months, unless the proxy specifically states otherwise. A proxy may always be revoked prior to the meeting for which it is intended. Attendance at the meeting for which a proxy has been authorized always revokes the proxy. 18. A majority vote of the members entitled to vote will be sufficient to de- cide any matter, unless a greater number is required by this agreement or by state law. Adjournment shall be by majority vote of those shares entitled to vote. 19. Any action that may be taken at a company meeting may be taken instead without a meet- ing if an agreement is consented to, in writing, by all members who would be entitled to vote. 20. The members will,jointly,have all powers available under state law, including the power to: appoint and remove managers and employees; change the offices; borrow money on behalf of the limited liability company, including the power to execute any evidence of indebtedness on behalf of the limited liability company;and enter into contracts on behalf of the limited liability company. Such powers may be exercised by a single member only upon unanimous approval of all of the members. 21. Each member and manager owes a fiduciary duty of good faith and reasonable care with regard to all actions taken on behalf of the limited liability company. Each member and manager must perform his or her duties in good faith in a manner that he or she reason- ably believes to be in the best interests of the limited liability company, using ordinary care and prudence. 22. The limited liability company will maintain accounting records that will be open to any member for inspection at any reasonable time.These records will include separate AMCO Received 11/20/2018208 income and capital accounts for each member.The accounting will be on the cash basis and on a annual year basis. The capital account of each member will consist of no less than the value of the property, cash, or services that the member shall have contributed with his or her initial or additional contributions to the limited liability company. 23. All notes, mortgages, or other evidence of indebtedness shall be signed by all of the members of the limited liability company, unless otherwise allowed under the terms of this agreement. 24. The limited liability company will maintain a business checking bank account at: Alaska USA Federal Credit Union 25. The limited liability company may not lend any money to a manager or member of the limited liability company unless the loan has been approved by a majority vote of all members of the limited liability company. 26. All members are entitled to 0 draws from the expected profits of the limited liability company. The draws will be debited against the income account of the member. The dollar amount of the draws shall be determined by a majority vote of the members. 27. All members are eligible to be paid reasonable salaries for work or services they perform in the limited liability company business, unless such work is in the capacity ofa manager or is to be considered as a contribution to the company. 28. Each member shall receive an expense account for up to$ 100.00 per month for the payment of reasonable and necessary business expenses in the regular course of limited liability company business. Each member shall provide the limited liability company with a written record of such expenses in order to obtain reimbursement. 29. A member may transfer all or part of his or her interest in the limited liability company to any other party only with the unanimous consent of the other members. In addition, the limited liability company has the right of first refusal to purchase the member's interest on the same terms and conditions as the member's offer from the third party.This option to buy must be exercised by the limited liability company within 30 days from notice of the offer to buy by a third party. 30. A member may be expelled from the limited liability company at any time by the unani- mous consent of the other members. Upon expulsion, the expelled member shall cease to be a member and shall have no interest, rights, authority, power, or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as AMCO Received 11/20/2018209 determined by the terms of this agreement. The limited liability company shall continue in business without interruption without the expelled member. 31. A member is automatically expelled from the limited liability company at any time upon the occurrence of any of the following: a) A member files a petition for or becomes subject to an order for relief under the Federal Bankruptcy Code b) A member files for or becomes subject to any order for insolvency under any state law c) A member makes an assignment for the benefit of creditors d) A member consents to or becomes subject to the appointment of a receiver over a substantial portion of his or her assets e) A member consents to or becomes subject to an attachment or execution of a sub- stantial portion of his or her assets On the date of any of the above events,the expelled member shall cease to be a member and shall have no interest, rights, authority, power, or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as determined by the terms of this agreement. The limited liability company shall continue in business without interruption without the expelled member. 32. The expulsion of a member shall be final and shall not be subject to mediation, arbitra- tion, or review by any court of any jurisdiction. 33. The limited liability company shall buy and maintain life insurance on the life of each member in the amount of$ 0.00 .The limited liability company shall also buy and maintain disability insurance on each other member in the amount of 0.00 . Such life and disability insurance shall be considered assets of the company. On the withdrawal, termination, or expulsion of any member for any reason other than his or her death or disability, any insurance policies on the member's life or health on which the limited liability company paid premiums shall become the per- sonal property of the departing member and the cash value(if any) of such policy shall be considered as a draw against the departing member's income account. 34. Except as otherwise provided by this agreement, the members agree that any dispute arising related to this agreement will be settled by Marc Johnston Law Firm, P.C.The person hired for such dispute resolution shall be chosen by a majority vote of the members.All costs of such dispute resolution will be shared equally by all members involved in the dispute. 35. A new member may be admitted to the limited liability company by majority consent of the members. Admission of a new member shall not cause the termination AMCO Received 11/20/2018210 of the original limited liability company entity, but rather, it shall continue with the ad- ditional member. 36. Any new member to the limited liability company shall be responsible for and assume full personal liability equal to all other members for ail limited liability company debts, liabilities, and obligations whenever incurred for which the other members of the com- pany have assumed personal liability. 37. If any member withdraws from the limited liability company for any reason (including the death or disability of the member), the limited liability company shall continue and be operated by the remaining members.The withdrawing member or his or her personal representative will be obligated to sell that member's interest to the remaining members and those remaining members will be obligated to buy that interest. The value of the withdrawing member's interest will be his or her proportionate share of the total value of the limited liability company. If necessary, the total value of the limited liability com- pany will he assessed by an independent appraisal made within 90 days of the member's withdrawal. The costs of the appraisal will be shared equally by all members, including the withdrawing member. 38. No member, during or after the operation of the limited liability company, shall engage in any business that is in competition in any manner with the limited liability company. The prohibition against competition shall continue for a period of 5 years after the member leaves the limited liability company and for any business within 50 miles of the limited liability company's principal place of business.This noncompetition agreement shall end with the termination of the limited liability company. 39. The limited liability company may he terminated at any time by unanimous consent of the members. Upon termination, the members agree to apply the assets and money of the limited liability company in the following order: a) To pay all the debts and obligations of the limited liability company b) To distribute the members' income accounts to them in their proportionate share c) To distribute the members'capital accounts to them in their proportionate share d) To distribute any remaining assets to them in their proportionate share 40. This Operating Agreement may be amended in any manner by majority vote of the members. 4I. This Articles of Organization may be amended in any manner by majority vote of the members. AMCO Received 11/20/2018211 42. The following additional provisions are part of this agreement: None 43. No modification of this agreement shall be effective unless it is in writing and approved by the required number of members set forth in this agreement. This agreement binds and benefits all members and any successors,inheritors,assigns,or representatives of the members.Time is of the essence of this agreement.This document is the entire agreement between the members.Any attached papers that are referred to in this agreement are part of this agreement.Any alleged oral agreements shall have no force or effect.This agree- ment is governed by the laws of the State of Alaska If any portion of this agreement is held to be invalid, void, or unenforceable by any court of law of competent jurisdiction,the rest of the agreement shall remain in full force and effect. Dated January 4th 20 18 Signature of Member Printed Name of Member 40111P - 1° WALli Jennifer Wells iy,, Randy Wells OFv AMCO Received 11/20/2018212 AFFIDAVIT OF PUBLICATION UNITED STATES OF AMERICA STATE OF ALASKA THIRD JUDICIAL DISTRICT Before me, the undersigned,a notary public,this day personally appeared,Michael Paschall who, being first duly sworn according to law,says that he represents TriDelta, Incorporated,publisher of the Seward Journal,a newspaper of general circulation published in Seward in said Third Judicial District and State of Alaska,and that the advertisement of which the annexed is a true copy,was published in said newspaper on the following day(s): C// SAr 1/2-/M-- and 2-/i and that the rate charged is not in excess of the rate charged private individuals,with the usual discounts. Michael R.Pasch ll u scribed and sworn before me this day of 2018. Iii 14_ Pry 'ublic in a . for the AIN BRp ., State of Alaska ti My commission expires: /O/ ,./. z / NOTARYPUBLIC *' OF ALP',, Received by AMCO 05.10.18213 1 0 The Seward Journal May 9,2018 SEWARD JOURNAL cLAssIFITEDBose Deadline: Seward, AK 907)224-2525 Friday before publication, ads®sewardiournaI.com 4.00 PM PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE FOR LEASE w,th benrf,ts,paying 522.25)hr. Dunks include,but art not limited to: Warehouse Space for Lase 1004 len.Road. Responsible for managing the utility billing The Tufted Puffin LLC is applying app.3.600 sq R 52,740/month.For nwrr bondwrno andxs,Rwarv,,n:hsdmgcardinating under 3 AAC 306.300 la a nea information Conrad ACE Hardware-lotSofwareupgrades,impknwnfinguriechang. Kenai Peninsula Borough Retail Marijuana Store license. Anand 907424.7195. e:troubleshootingpow<m:supervising the meter reading(unction and hardwarNsoft-I`\ , Notice of Assembly Meetings lcerlse 417756 doing business as SERVICES ware.and managing all aspects of the utility THE TUFTED PUFFIN LLC.located Needs!Re he...«Sumevt Buyingorselh billingfunction.Trains Cashier and utility al 218 41h Ave. Unit 2. Seward ing your boat1Get a completelnspection of the billing support personnel.Reconciles cunom- The ro o,sg mammauand enemas session MI be had in the Assembly Chant.,Chana .O.,A condition dthe vessel.Call Dean Kasischke it eraccount,.adjustment,bank deponits.erans. esteem Borough Admnatrticn Bukng 144 N.Bodey Street.S<Notne unless aN'wise ncted AK 99664 UNITED STATES (907)2050632.Member ot the Association of mission of electronic customer payments. TUESDAY,MAY 15,2018 Interested persons may object C.,ifird himioe5urvtyors Implements electric.water.sewer and refuse to Inc application by submitting - HELP WANTED terinlhang.,u appropriate,Inthcutility hll• 10.0 AM Budget work Session a(2.30 PM-730 PM) ing system.Coordinates with meter reading 3:30PM Finance Cannata a written statement of reasons Hiring full time Administrative Assistant. contractor, Coy utility personnel,and refuse 4:15PM Lands Comma. for rhe otgeeinn to flue, IOCBI Drop nitauneat Senior Cenkr,3363rd Ave, contractor,regarding customer utilities. 4: 30 PM Ponces rine Procedures email to:supseward.nrt Frequent interaction with customerstoaddress 9ovetran0nt.thea PPhcon, and btu billing questions,late fees,payment agree•6:00 PM Regular Assembly M«tingCityof SewarddcOfOOl&Margeana Coaled Oft'.. POS MON ANNOUNCEMENT menu,service terminations,etc.Reconciles Wang send.are poled on to.boroughs wnbpse 20124809.311 approametey one week (AMCO} not Wier than 30 days The City of Seward is seeking applications accounts,assists with audit work paper preps.pea to the meting.The Assamay Mn conduct a p rNic h«nng m Inc abase dde*ae(t)'. ration,and responds to utility.relattd dataaftertheenderdelfafnlnedfromInterestedpersonsforthepositionrequests.Bills customers for work orders and Ordrane 2017-1926 Approves;and Approproure Lien,Fuels TON., describedbdoy. S14.179.14 horn no.Puska Dean/rat of Natal Resource lot m* the appliCa.ton to be Complete and lhuua regularfull.Nme position withbcnc• .sluts with accounting for work orders. Vok.Mer Fire Aasisance Proven on Behalf el tcedwnek Emergency haS gnen written riolice to the(0t 1 firs.starling alaesle of$19.97IhL Education and/Or Experience required: Senses and Nww Fie Service M«Mesal(Referred to F,nr,c< Vocational certificate.Associates degree or Commit«) gOvernmen! Cow an appttcabco Library Mweom CaGtrofCallectlom end related court work in accounting or bonne.: is determined to be complete.the emi. Exhibits ea pE. Sbdrngo 2016'1-Apadp"rrg Fords for Fact Yat 201911•te'Nr)lF naiP+B emir.,th<suprnyisbn o(Ih<Library Mutism or three akni dmexperience of educationtionH«sop on r1610'Y1e1IRe,.neaa FPance Comma«l objection deadline and 8 copy Of Director.the Curator of Collections and ing:or equtrakmcombtnattonofedu«tbn Peek's Nab,A teleconference a.wR M.esa(ehed t fa 8orougn on•• thea itatmn ASK be red on Exhibits performs duties related to the.qui• and expmence.Strong Excel skills desired.PD1 POS Previous<zpnkrein atOnybWiftg prckrrcd. in akarssr in seer ro L.A.dieted r•samary on the aro referenced sitbn,registration.ourtho ReM, nK,ucu.. Strongcustomer service,interpersonal,and hdnnrKvl h\1C05 wCb3dE at Mfp57iyyWw »and muniition of the Raurral 011 R. oN. TN palm N.,rg eel commence al 600 p.m.a es won thecae.,as amass perms AP commerce alaska govlwebfamco Historical Society,Seward Community mathsktle required.PrerbuaurounthekK-rep.d persona are X0500 atrtoattend .maces sno0endw" ,,1 Me peaaPAM,dnOon t l7Library Association and the Cny of Seward u64.'dIIIlbalaKt mangexperience 6 preferred. W00co0 nn*.maybe sent a rory,Pe Assw ,isBows. ,45 Braley Street colterbesorttoAMCOcolketkttions the Seward Com munityiJbrary Complete detailed Job description mdappli• 501000.•0099669.Cops data ordnance*w avrable n he on.d M Boroupn CMM end al marijuanaLeensing@alaska gov and Museum.Assists the Director as City of cation may be obtained through Personnel wit a available al as mono Or prat review Cocks aro Cao posed at each Cry HMI abd W 7th Ave.SNI.1600Sewerd liaison 10 Historic Preservation if you are'nitrated in applying for Poet Oita seam/e bower erre me avai.Ob ver me Menet 000 oar alma t www.kpb.ha. this position at HRpcityoftward.ner or Fleas.be airtime that wheel to loge Imfabma.aaknw00 may a wended by me assembly Anchorage.AK 99501 Commission. Oa a rollout Maadoptionwa w ease rain. Education and/or Expertence 907)2244074. pe JoIn Bdrrerat,lp RdC Bachelor's degree from college in the social Assistant Mountain Bike Guide wanted for Boro" Ot Cleft sciences o<.hutory,anthropology.Annrican Resurrection Elver.Meridian Lake, andKF822A0.010 4 1.12040 AS 44.62310 PUBLIC NOTICE sciences mined field),or three fez Johnson Pus Trails.Om Call,As.Noeded,years riencrin muuumrlibaryse0mgs,oregnv. When Madabk.Wage DOE•Tys.See:oeww. VIII/DEPARTMENT OF TRANSPORTATIONa dent combinnion of eduction,aperknce AlaslcuMtn&keToun.wm CourtneyP907 Kenai Peninsula BoCommission PUBUTIES(DOT!PF) and g whh provis , nowledge. 205.7205 MAY 14.2018 TENTATroughNE AGENDAPlanning CENTRALCFACILIREGION skillsandtraininawlitksnKassrytoicdepoherfokrm dude: C31yo(Semsed INVITATION FORQUOTES Competent computer technology skills and POSMON ANNOUNCEMENT PLAT COMMITTEE WNC tarps Pro)Kt Bid Title:Chenega Bay Airport(COO) related experience in visitor services nd/or The City of Seward is hiring a Police 6.00 p.m. I.Vatrion d Me westernmost 19822 Ataingesece historical interpretation desirable.Dispatcher.This is a full-time position with Inc nom r,gwriy Kr..aitd me0000 of We d to Steen A...*ripryof'mer Project Rid No:1925A-1.001 Successful applicants mot Patabackground benefits, paying SI8.09/br.This position IsePlatCamnmeesembeoholdMonday. n d60io61ad Knot RNer omen a1 Estimated Cost:BetwrenS3e,000and 1preemployment000 investigation and preemployment drug test. responsible for operating<ommunl<atbnsNay14,2011 r{'.00 Da" m ma KPo Trxl..P,,,,,,a:;61 7t Tho portio d RdOpening:1:30 PM onM 14,2018 Preference be given to current City George A. May". Admiration.. the rgMOTw.y bong awaked M ET ma•+ 8 equipment;receivingArawmlltifngin(ormatkn Buaigst.1 N Binktey St.SoldoenuncaAKunad andtarlee0ea eelee M Tekpliooe:19071269.0767 kemploye.. A complete job description and to police.fire,e1c.,prrsdmg mformanontothe lvtaiOrtPW Public IM•drgs N1/2 of SI. Tata.R12W. SM AK TTD:(907) 269.04,3 employment application ran be obtained from 'yolk yqa tekphow and to Person.Musthe eW0ivSobdSubdivision.FN 2arin s '^' ohm the KPB. Fa Y:(62017.188R1V TT00)770.8973 Riley ShurtldL City of Seward Personnel courn :eoumainuin confidentiality,work era 1Trar Creek f Mdadl LoeMion PeMetnn. Kama Taguchi, Drs. Copies of the Contr.(bid documents may be Officer at llS Adams Sired,(907)224.4074 of nil shies,linen attentively,think clearly,andDollyvardw,soy 6 Rio.Rieme Ave. HanilMetm,and Ship YoeMn 50 IFP ,ktnnedtthe Ctenega Bay Pod Olbeor the by.mailing HR9'eifyofseward.net.Position act quickly and Glmy in an emergency. Ridge,.. HoN,rga LLC d Sante.WA 3180 Soldotna Station Airport Managers open tuna filledKeyboard skills of 10 wpm with leu than 5% 2 Ptrh SoldeioorvWord AddOde.o,:Fie 2 Puhearing on a Lowed Mantuan* Office. IAC Cny of Seward is an Equal Opportunity/ error rue and he awe ie operate word pram. 2018034[Moura/Wheel Location CulWanm Facility anon.apracston Uptodate and additional information is avail. Affirmative Amen Employer. ingcqu:pmm:is preferred.High schooldtpl. Oft An.a Ret Cay d Kerr a greed.aomn.eoO lO In.State& able on the web at lhttp:f/dol.alaska.Son). Cit,ofSenyyd ma or GED and at keit one+rat exponerKt to 3 Roukrrw.Ehama Sutnws.o.. File Mut..Appkam: Volcano FipAw. Under the Section called Find It Fast!,sekct dealing nth the public is uired.Submit car-2017043R1 iceg on / Kooken, LLC. Parcel: 173-310.52 Property POSITION ANNOdis see ENT B"'' PD required. Mental Location. OR Seashore Ave. tMwlptiorr La a. D,amo,e Mow DOTRPF Public Notices. Look through the The Ctty of Stward is seeking applications rent trying tat with application.Nalionaay rr.,•r,,,. +r.,gr.Ape. r0. EOM. ..erring 10 Pan 809.section called Ptocarement for the Inviuv°n from interested persons for the position Successful applicant must pus criminal back 20r/me.* Noor Rooms.;Gavin Location: for Quotes. deuribod below. ground check and drug screening.Preference 4 Can Adoeion to Seward To..rwt. 41253 Volum View C1.Ham, Accounting Teshaklan/Utility Billing may be given to previous City employees. Tnon..2018 Ado..:F4.2018.031 3.Resolution 201614.ConWo,o Lan/ Manger lhu u a regular(oil.ume position Apply at Seward Personnel Office Position hnJoson/Thomas)Loc0bm Vast Ua.perm.to a n\rerul 5001'purine upon until Shod Ave:Cny d Simard pnpygpypn m a parrot.n are Funny Affirmative Atli.All qualified septi anti 5 TusMnena Temase No 3:Fee 2016 Meer ma Applicant/Landowner: Public Notice/Advertisement willhewnaidered.Minority,women. disabled002 (Jdanscer i W'ensiell Locabn: Cony Knopp Parch: 066-,61 04 itoTensesDr.Caw Loom Gseriptbn::d s R.«tw..t 1 CITY OF SEWARD veterans,campaign badge veteran:recently 6 Kimble Estrus No 2:Fie 201&038 tpontedyetenns or disawedareenceuraged Sens Recording ag b eat 72-k.IJdr,son I Lraenl wtabr,. oB K., Rrard'e Gstiim ,-pr.,1a,,,Invitation to Bid for Portable Toilet Services Contract nappy. Karam Ave:Caro. The parses to scaled on Mt sous,saeThe C.sty of Sews.it an EqualOpportuety/ 7 Duncan 5ted oto tno No.4;F42016. a Fumy War Road.•b mile west 01 Port-a-Potty) Apnnan,e A<rnr Employer. 0) 6 po rdon I 13vonl Location 1.Bre actio Bey Ray Rd,Kane.The City of Seward is seeking proposals horn qualified companies or iht Gip as...4 6 Pops Subildsio,No.2:File:2016 4 Reeohtmn 201515.Cono0a,at karst firms for Portable Toilet Services( Port-a-Potty)services at the City- Pc/51710N ANNOUNCEMENT 030 !Johnsen / Amended Oram Use Prnn err a mats site West the City of Seward is looking bra full-time Phipps Revocable Trull Location modification on a panel .n the It. owned campgrounds,parks,fields,etc.located in Seward,Alaska. Bid Program Aide for MR.Thu t.seasmal peat. Pales St a Grant Av..Kalitornsky B••cn r«.A11901el e I Lrreoernr: Specifications,scope of work and related documents are available from lion and pays s14.11fhour.wth a required 40 aide rwaboed hon Apr 2) Mea Kink Cerev,edon Co..e.:. Parer: meeNan 055-072.12 Legal Dncrytron: N,t the City of Seward Park Maintenance and Campgrounds office located bonny.weeklhiapoatin"is mpmmdwr for 9 Aley.,k. Ssdrd"va nn 2017 Rept: a the NE 51 or the SE•.,of 320.168 at 702 Aspen Lane,or by contacting 907.224.4055. Prospective Bidders Prord.sarlf sperm trvkofor dai 'TA rey . - Fie 2017.141 frngriy I John C. R.W.SM. Location: 47128 Foes,Rion programs Teen RK Room. Sdrrr.gaa Loving Moll Location: a Woad Ave are required to request all bid documents directly from Brennan Hickok •A®ns,upr vu rystafwthIlkdeva,rmvnt Wilke'St a crAr sl:CdydKerr 5.Rawwee 2018.16,CanASuaLand (see contact below),in order to be included on the prospective bidders andoperatlonsorcrnmunuy programs: 0.Dray sea S,mdwioe ad cwt Use Penne to•nument eta permit on list to ensue theyreceive copies of anyaddenda.Hand-Delivered bids, •Monitors and supervises recreational Klnl- Addbe M Seward Towrrae tin/ P Addbn:Fie 2017.180 IMteV4y f ° Appgp.sya mite D,y n. amendments or withdrawals must be received by the City Clerk's office 'kot 1RR, Fee racer. Lire' Siinta Avekw:Landowner:AK Stale Dep at at City Hall.located at 410 Adams Street,Seward,Alaska.no later than •workewsu,k, knh kk recretlonser. b,k„ keit LLCI Loon«, Ravnu t Vita Ave Maruti Re-wwcas.reel: 131110-mining.mus be ab4mldmnyu priooe sbr5andintAve:Guy d s.wrd as LagM D••e+IPEf•^:A petition a 2:00 pm on Friday May 18,2018. Bids,amendments or withdrawals and reeda,mbeabktomakeappropeiaterefer- 1 t.Drabae. Mmehi0 Sehdnmon •. NK NW,\.538.T311.R12W sae transmitted by mail,addressed to the City Clerk,P.O.Box 167.Seward, ewes to s«lal services,or awe 10 refer suchPoen. Addtan. Fra 2017 172 Location: East skin N Conon Leercases to immediate supervisor. pmegmy I Faecal L.Cabon Rd at Mitpn.I to AK, 99664,must be received no later than 30 minutes prior to the sched- .Discerns whenlegal Inuryentton is requiredIntervention Cl.Sudan• uled time of bid opening.Bids will be opened at 3:00 pm on Friday. versa normal disciplmt.Enforces State of12Jack :oar Subdivision 2010 e.Resd,Mion 2016 Exttrang n.c MATO.Fn 2011.012a012R1(Magda/ deaf./fa sunosmon of ant Mata., May 18,2018 at 410 Adams Street,Seward,Alaska,in the City Council Alaska's`Drug-Free Zona': Fount Laden. Forest Ave 8 Sae Workng Group 0 F•,t Ree...Chambers.Bid envelopes should be sealed and marked Portable Toilet •Performs other rdaled duties as assigned. Lapeer Ave:Sterling FUTURE MEETINGS500king hard-working,positive,team- PLANNatGu3MAIMSt3N • DATE pn'M0•b•11.4%.111.11•04110...V• Services M.The selection of the qualified proposer will be at the sole work.oriented,`people•peesofi employees 7: 30 p m nncr..,rwe discretion of the City o`Seward,and the City reserves the right to reject with an optimistic outlook pursuing a chat. Li,tied rr. "'tea w.owsd f•,a,co.0.mretlonging and hyskal b.Seeking candidatesrt,7:ra"y 5cnt,oa pw„n,ng ms. ill,,,,,,. br„•„T,enesy,auy»,fora,. any and all bids or not to award a contract if deemed in the best interest Bi"g, p jn g Corn meetng i tie held nw Kpa Campy A Na..... Ae,n.nyair of the Cay. This solicitation does not commit the City of Seward to pay motfwmd by tnteudtng with teens at TeenMonday,May 14.20+8 m 7:38 p.m.al cosy fa N Env,Sums Somata A,ar.,Re<Room during the summer. KPB Gomm A NAvrra an 0.30 Pm any cost incurred in the preparation of the bid or to award any contract S,K<rtsful applicants mutt pass a background adminatabon erdmg. 144 N B,nkby Planning Cee.Wsion Investigation and drug using.Preference may Street.Sod...AK The ,.n read,' .c..a,mt i......, If you have any questions relating to the bid procedures,contact: be ghrn toeurrent City employee,Acomplete Toss EMn.enReguesti Cernm.,*r,mr.ery.,,k NN Mastery Wy ContractingOfficer:Brennan Hickok,Parks and Campgrounds Opera- b descri tion and employment application a.Ct.aatarscen Tracts 2009 Add,aM;FM a,2111 t Me OS,:eo9. fmuint P9 Par jd P Pbymcn PP 2010-024 [ None r ...oil I.orauorn. ArO" Maahewce F,n N 6„+try st..r tons Supervisor an be obtained from Tamara ihdamEon ,City of Seward Personnel Office.410 Adams Stun, 0 a 11g0"1°' AM/WRY naming coMnesnw Cityof Seward Parks and Recreation Department 907) 224.4074bymaihn HR0<it of- h KronerSubdivision;Fie 2011.145 Grad.PBL 005.4 h..At5o,l0 ., Pa or B +' t5.Oessr I Krogsengl Longbow eemaipedamsysw.l.g das a w,..PO Box 167,Seward,AK 99664 smartest Position open until filled. stTomb7ktCityof Seward i,on Equal Oppotr.ay/ r. Prmgan Estates S„Odr.sow SOSPt*M0n30MPARTMENT Phone:(907)224-4055 ASinneriefer--- __ Soothers Addition: Fid 2012.140 phoneMOT, 7213" 4";!r ' nm E-mai: bhickolo cityofseward.nel YOUR CLASSIFIED AD HERE!Samoa. I gb...I Lows*,: Ta ea em n.°mate,,.aiv./a4ac, Stew CAa.1TheSeardlour Received by AMCO 05.10. 18214 Department of Commerce,Community,& Economic Development License#17758 Initiating License ApplicationAlcohol & Marijuana Control Office 4/16/20183:4U:22I'M License Number: 17758 License Status: New License Type: Retail Marijuana Store Doing Business As: THE TUFTED PUFFIN LLC Business License Number: 1064577 Designated Licensee: Jennifer Wells Email Address: tuftedpuffinllc@gmail.com Local Government: Seward Community Council: Latitude, Longitude: 60.101800,-149.440000 Physical Address: 216 4th Ave. Unit 2 Seward, AK 99664 UNITED STATES Licensee#1 Entity Official #1 Type: Entity Type: Individual Alaska Entity Number: 10075187 Name: Randy Wells Alaska Entity Name: The Tufted Puffin LLC Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Phone Number: 907-947-3349 Mailing Address: PO BOX 1934 Email Address: tuftedpuffinllc@gmail.com Seward. AK 99664 Mailing Address: PO BOX 1934UNITEDSTATES Seward, AK 99664 UNITED STATES Entity Official#2 Note:No affiliates entered for this license. Type: Individual Name: Jennifer Wells Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Mailing Address: PO BOX 1934 Seward,AK 99664 UNITED STATES 215 O, 11 tk Alcohol and Marijuana Control Office N I,550 W 7th Avenue,Suite 1600 71 Anchorage,AK 99501 r mariivana.licensing@alaska. gov AMCO haps://www.commerce.alaska.Rov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board rROi.Form MJ-00: Application Certifications What is this form? This application certifications form is required for all marijuana establishment license applications.Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. This form must be completed and submitted to AMCO's main office by each proposed licensee(as defined in 3 AAC 306.020(b)( 2))before any license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit#2 City: Seward State: AK ZIP: 99664 Section 2 - Individual Information Enter information for the individual licensee or affiliate. Name: Randy Wells Title: Vice President Section 3 - Other Licenses Ownership and financial interest in other licenses:Yes No Do you currently have or plan to have an ownership interest in,or a direct or indirect financial interest in J aanothermarijuanaestablishmentlicense? If"Yes",which license numbers(for existing licenses)and license types do you own or plan to own? Form MJ-0D](rev 10/05/ 2017) Page 1 of 3 AMCO Received 11/20/2018216 OlM11;;k, Alcohol and Marijuana Control Office o Oji 550 W 7th Avenue,Suite 1600 t Anchorage,AK 99501 mariivana.licensing@alaska.Rov AMCOhttps://www.commerce.alaska xov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board 41.koLo Form MJ-00: Application Certifications Section 4 - Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that I have not been convicted of a felony in any state or the United States,including a suspended imposition of sentence,for which less than five years have elapsed from the time of the conviction to the date of this application. 1Y l I certify that I am not currently on felony probation or felony parole. I certify that I have not been found guilty of selling alcohol without a license in violation of AS 04.11.010. I certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051 or AS 04.16.052. I certify that I have not been convicted of a misdemeanor crime involving a controlled substance,violence against a person,use of a weapon, or dishonesty within the five years preceding this application. AkIcertify that I have not been convicted of a class A misdemeanor relating to selling,furnishing,or distributing marijuana or operating an establishment where marijuana is consumed within the two years preceding this application. I certify that my proposed premises is not within 500 feet of a school ground,recreation or youth center,a building in which religious services are regularly conducted,or a correctional facility,as set forth in 3 AAC 306.010(a). I certify that my proposed premises is not located in a liquor licensed premises. I certify that I meet the residency requirement under AS 43. 23 for a permanent fund dividend in the calendar year in which I am initiating this application. I certify that all proposed licensees(as defined in 3 AAC 306.020(b)(2))and affiliates(as defined in 3 AAC 306.990(a)( 1)) have been listed on my online marijuana establishment license application.Additionally,if applicable,all proposed licensees have been listed on my application with the Division of Corporations. I certify that I understand that providing a false statement on this form,the online application,or any other form provided I by AMCO is grounds for denial of my application. Form MJ-001(rev 10/05/2017) Page 2 of3 AMCO Received 11/20/2018217 RI.tR Alcohol and Marijuana Control Office 01- e 550 W 7'h Avenue,Suite 1600 7 Anchorage,AK 99501 marijuana.licensing@alaska.Aov AMC®https://www.commerce.alaska.Rov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board ko, o<: N`` Form MJ-00: Application Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify and understand that I must operate in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify and understand that I must operate in compliance with each applicable public health,fire,safety,and tax code ringringandordinanceofthisstateandthelocalgovernmentinwhichmypremisesislocated. Read each line below,and then sign your initials in the box to the right of only the applicable statement: Initials Only initial next to the following statement if this form is accompanying an application for a marijuana testing facility license: I certify that I do not have an ownership in,or a direct or indirect financial interest in a retail marijuana store,a marijuana cultivation facility,or a marijuana products manufacturing facility. Only initial next to the following statement if this form is accompanying an application for a retail marijuana store,a marijuana, cultivation facility,or a marijuana products manufacturing facility license: A. I certify that I do not have an ownership in,or a direct or indirect financial interest in a marijuana testing facility license. All marijuana establishment license applicants: As an applicant for a marijuana establishment license, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that the online application and this form,including all accompanying schedules and statements,is true,correct,and complete. APP Arr."'iWIMPI7dIPP- Iy I s f' e o icensee VALERIE MASTOLIER No ry Public i nd for the State of Alaska Notary Public Q State of Alaska My Commission Expires Jun 7, 2022 1 ZRandyC.Wells My commission expires: 11 . Printed name of licensee Subscribed and sworn to before me this) day of Form MJ-001(rev 10/05/2017) Page 3 of 3 AMCO Received 11/20/2018218 1. li.1R Alcohol and Marijuana Control Office j,. 550 W 7'^Avenue,Suite 1600 1. Anchorage,AK 99501 marijuana.Iicensing@alaska.gov AMCOhttos://www.commerce.alaska.Aov/web/ amco Phone:907.269.0350 Alaska Marijuana Control Board lbw OVVN- Form MJ-00: Application Certifications What is this form? This application certifications form is required for all marijuana establishment license applications.Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. This form must be completed and submitted to AMCO's main office by each proposed licensee(as defined in 3 AAC 306.020(b)(2)) before any license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit #2 City: Seward State: AK ZIP: 99664 Section 2 - Individual Information Enter information for the individual licensee or affiliate. Name: Jennifer Wells Title: President Section 3 - Other Licenses Ownership and financial interest in other licenses:Yes No Do you currently have or plan to have an ownership interest in,or a direct or indirect financial interest in E1anothermarijuanaestablishmentlicense? If"Yes",which license numbers(for existing licenses)and license types do you own or plan to own? Form MJ-001(rev 10/05/2017) Page 1 of 3 AMCO Received 11/20/2018219 1Ia Alcohol and Marijuana Control Office O 1,550 W 7th Avenue,Suite 1600 Yl Anchorage,AK 99501 mariivana.licensing@alaska.gov AMCOhttps://www.commerce.alaska.gov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board ko o:` Form MJ-00: Application Certifications Section 4 - Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that I have not been convicted of a felony in any state or the United States,including a suspended imposition of sentence,for which less than five years have elapsed from the time of the conviction to the date of this application. I certify that I am not currently on felony probation or felony parole. I certify that I have not been found guilty of selling alcohol without a license in violation of AS 04.11.010. I certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051 or AS 04.16.052. I I certify that I have not been convicted of a misdemeanor crime involving a controlled substance,violence against a person,use of a weapon,or dishonesty within the five years preceding this application. I certify that I have not been convicted of a class A misdemeanor relating to selling,furnishing,or distributing marijuana or operating an establishment where marijuana is consumed within the two years preceding this application.511 I certify that my proposed premises is not within 500 feet of a school ground,recreation or youth center,a building in which religious services are regularly conducted,or a correctional facility,as set forth in 3 AAC 306.010(a). I certify that my proposed premises is not located in a liquor licensed premises. I certify that I meet the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in which I am initiating this application. i/ I certify that all proposed licensees(as defined in 3 AAC 306.020(b)(2))and affiliates(as defined in 3 AAC 306.990(a)( 1))111/have been listed on my online marijuana establishment license application.Additionally, if applicable,all proposed licensees have been listed on my application with the Division of Corporations. I certify that I understand that providing a false statement on this form,the online application,or any other form provided by AMCO is grounds for denial of my application. Form M1-001(rev 10/05/2017) Page 2 of 3 AMCO Received 11/20/2018220 01-•&i11,tR' Alcohol and Marijuana Control Office 0 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 7 mariluana.licensingPalaska.gov AMCOhttps://www.commerce.alaska.gov/web/amco Phone:907. 269.0350 Alaska Marijuana Control Board 04140LoV°`` Form MJ-00: Application Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify and understand that I must operate in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. I certify and understand that I must operate in compliance with each applicable public health,fire,safety,and tax code Jandordinanceofthis state and the local government in which my premises is located. Read each line below,and then sign your initials in the box to the right of only the applicable statement: Initials Only initial next to the following statement if this form is accompanying an application for a marijuana testing facility license: I certify that I do not have an ownership in,or a director indirect financial interest in a retail marijuana store,a marijuana cultivation facility,or a marijuana products manufacturing facility. Only initial next to the following statement if this form is accompanying an application for a retail marijuana store,a marijuana cultivation facility,or a marijuana products manufacturing facility license: I certify that I do not have an ownership in,or a direct or indirect financial interest in a marijuana testing facility license. All marijuana establishment license applicants: As an applicant for a marijuana establishment license, I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306, and that the online application and this form, including all accompanying schedules and statements,is true,correct,and complete. ita 1\f ej;ilk V _ i: .. u •,f licen 1 Notary Public in and for the State of Alaska4. ; Va&.ERIE MASTOLIERNotaµy Jennifer M.Wells 4 Sttateate o Public r I-7 1:22. Printed Alaska My commission expires: ,`{(' J Printed name of licensee My Commission Expires Jun 7, 7077 Subscribed and sworn to before me this day of ffaMeu( ,20A/ 5.FormMJ-00](rev 10/05/2017) Page 3 of 3 AMCO Received 11/20/221 O' `rt," Alcohol and Marijuana Control Office 0 &G 550 W 7th Avenue,Suite 1600 v Anchorage,AK 99501 marijuana.licensing@alaska. gov AMCO https://www.commerce.alaska_gov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board 4,1401 0.0`` Form MJ-02: Premises Diagram What is this form? A detailed diagram of the proposed licensed premises is required for all marijuana establishment license applications,per 3 AAC 306.020(b)(8).All areas designated as the licensed premises of a single license must be contiguous. What must be submitted with this form? Applicants must attach multiple diagrams to this form,including(as applicable): Diagram 1: a diagram showing only the licensed premises areas that will be ready to be operational at the time of your preliminary inspection and license issuance; Diagram 2: if different than Diagram 1,a diagram outlining all areas for which the licensee has legal right of possession(a valid lease or deed),and clearly showing those areas'relationship to the current proposed licensed premises(details ofany planned expansion areas do not need to be included;a complete copy of Form MI-14:Licensed Premises Diagram Change must be submitted and approved before any planned expansion area may be added to the licensed premises); Diagram 3: a site plan or as-built of the entire lot,showing all structures on the property and clearly indicating which area(s)will be part of the licensed premises; Diagram 4: an aerial photo of the entire lot and surrounding lots,showing a view of the entire property and surrounding properties,and clearly indicating which area(s)will be part of the licensed premises( this can be obtained from sources like Google Earth);and Diagram 5: a diagram of the entire building in which the licensed premises is located,clearly distinguishing the licensed premises from unlicensed areas and/or premises of other licenses within the building.If your proposed licensed premises is located within a building or building complex that contains multiple business and/or tenants, please provide the addresses and/or suite numbers of the other businesses and/or tenants(a separate diagram is not required for an establishment that is designating the entire building as a single licensed premises). This form,and all necessary diagrams that meet the requirements on Page 2 of this form,must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC MJ License#: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit #2 City: Seward State: Alaska ZIP: 99664 Form MJ-02](rev 01/10/2018) Page 1 of 2 AMCO Received 11/20/2018222 Ai11C0 Alaska Marijuana Control Board Form MJ-02: Premises Diagram Section 2 - Required Information For your security,do not include locations of security cameras,motion detectors,panic buttons,and other security devices. The following details must be included in all diagrams: O License number and DBA Legend or key Q Color coding Dimensions O Labels O True north arrow The following additional details must be included in Diagram 1: O Surveillance room O Restricted access areas E Storage areas O Entrances,exits,and windows O Walls,partitions,and counters 0 Any other areas that must be labeled for specific license types The following additional details must be included in Diagram 2: O Areas of ingress and egress O Entrances and exits O Walls and partitions The following additional details must be included in Diagrams 3 and 4: E Areas of ingress and egress O Cross streets and points of reference The following additional details must be included in Diagram 5: O Areas of ingress and egress Entrances and exits 0 Walls and partitions O Cross streets and points of reference I declare under penalty of unsworn falsification that I have attached all necessary diagrams that meet the above requirements,and that this form,including all accompanying schedules,statements,and depictions is true,correct,and complete. a I.,.1°.e o lice .e- VALERIE MASTOLIER Not ry Public in and for the State of AlaskaNotaryPublic enni r ells State of Alaska 1 121 sston Expires Jun 7, 2022 i My commission expires: 111Printednameoflicensee Subscribed and sworn to before me this day of 1n Q t n Yl(Vcgivt-- ,20 Lb. Form M.1-021(rev 01/10/2018) 17758 Page 2of 2 License# AMCO Received 11/20/2018223 r"-T-5' T-51/2"—.j 1 ill r The Tufted Puffin LLC I I License#17758 i::y F:d En1r7 v I MJ-02: Premises Diagram pl_-yee Ori, Esc,.Esc,. b•.e: _•_• in DIAGRAM#14 n://// i _i Licensed Premises Area Only I. ? All outside/inside walls are part of ID Ghect Arr-z The Tufted Puffin LLC Licensed Premises Area 1 I include store Interior Design II! j Color Code: 1 ti ,.... I BLUE walls; 1111 outline Ristri rea c Areas Labled In: oar ea 5tuagc area Blue TEXT include Restricted Areas 5wvelearkeRoom Ari,- — Locked Storage Area i r— Wash Sink i I I Surveilance Room Rana cRr_ka,;w.f .>.. Restricted Area Acess hI n GannaCis Dispi 7ivi1In h itH. G4 GMiv ii n iizG. 1 9Q Legend/Key 6 n I Total Floor Plan 633 sq ft tYl a, I Walls are; IlCou I' ` a i a ii I Door Entrance/Exit are PURPLE L I Plan Mesurements are BLUE v I i All Mesurements are(ft'&in")i er eon \Pia I 1 - ! ! - L i c,s •. Q15 CPSNNAlfAS TRUE KORTH L/ K J zs { e." (sr 1 7,Jr,.. e ''I'c SLC-CS-s —ru' L - ch iL``, c (4.. pi%) e)t • J AMCO Received 11/20/2018224 t TRUE NORTH RearIngress and Egress Non-Customer Entrance Emergency Exit Only o.macra..1 Gal=ca, 1 r The Tufted Puffin LLC License # 17758 d, MJ-02: J 1l 4, DIAGRAM #2 Licensed Premises Area r pr ISIEntrances/Eats 4 I .5" i. I -- Li tlWallsAPartitionsp` T' N Office '-t11 -COLOR CODE KEY: yFel I uLNtLBlueGWallsWithREDToutDefine('-'euce/ I Areas located outside of which the licensee has legal right of 1.3" possession are identified in red text. OO GREEN:-, i Areas locaied which licensee has legal ri ht of Reslrictcd Area Aeess99SurveillanceRoomr ipossessionareidentifiedingreentent.Cannt,i:Locked _ tEntrancebrag,Ir-1st ID Check Area j Office ple 4Z. i" Product Display Area Checkout I 1Exit alelindow rPINKTEXT: in fi QRestrictedareaacess - rd., iVceTrSurveillanceRoomIvcsi I i Cannabis Locked Storage aJry6-J SS I - s N 5 ,.._ zI- c 3 X i L p 111 2 i- no.1l . I egertdlCa7or Corse!tell vs,: cTotalFloorPlan605sqftf14'5' v_Interior Walls are Exterior Walls are BLUE c,..,1.,,,;e,-,.:i,.... —lt m Door Entrance/Exit are PURPLE n•r •+ E Plan Mesurements are SLUE I E IS o Front/Rear Ingress/Egress are BLACK 3vAllMesurementsare(ft'&in") t .I I.I Il 31. 5' IOutsideEntranceFront 1_i ftrbe. "-) to Basement Ingress and Egress ce.e.,•_ L Ci.risee_____v"-> T AMCO Received 11/20/2018225 The Tufted Puffin LLC ' r'` 1 .I Legend MJ-License#17756 i 216 4th Ave J The Tufted Puffin LLC t` Q Brown&Hawkins Corporation2164thAve.Unit#2 a A • r r"I o 1 I p + i Iz' Feature 1 MJ-02 Diagram#4 x•71 J Feature 2 i Ik, slow.. OO Feature 3r6 t=3 Feature 4 t a j I Feature 5 i 1 Sea Bean I L I u:i • ac Q Seward Alehouse E;1 1 2 i e 1 ti I ,^e I 6' Q Seward City Hall r I I I 17 Yukon Bar I 1 Ijii, I P' 1,I ra„, Rear Ingress&Egress:- I t-. Blue Arrow II I Rear of building has no public entrance.v 1 Front Ingress&Egress of building: r C' i 1 t. Orange Arrow ds t 671Er51 Building Outline of 2164'^Ave 1 Outlined in yellow I 1I_. Ik- I U ssGoogle.E&th CO i11 ' t" - A' d Rear Ingress&Egress:Blue Arrow 216 4th Ave. Unit#2 Rear of building has no public entrance. Van Gilder Seward,Alaska 99664 ,, `ront Ingress&Egress of building:Orange Arrow1-'{ tt l.216 4t^Ave Building:Adams St i MINI µYellow Arrow Milko`er, Outlined in yellow n. Rave G- e,'t, i '.. .e,, polio• .,-0• fir- ra.. r l isj Diagram of 216 41^ave Unit# 2 Legal•Right ofPossessionSeadeanCafe + g Cha ter: lark et. ard 1 /M Hotel Se,,,; 04.a...•• I Seward Alehouse I I. a••C•..ti..»..I Yi,u.wow Ome,4-,...?.,!,,,l;:, s . • s.. , N ,,; Bs st ge e Ggor`.Yukon Bar , ,,: i:.::::,-.::::.7....T om, S owcasl•t (--. ,i • a _l 7. -rgitt l 1.'" OU •. t i — tet' Willi •ton g Qxrt Fjords" N=' ona P`rk itIS• ard Brew .g Seward Be'of0 Compan - N_O_RTH' 4-2-,-------, tp r 41c- sCf^k.-_ r b—AMCO Received 11/20/226 The Tufted Puffin LLC License# 17758 TRUE NORTH MJ-02: i /. ,-:!5— Rear F,DIAGRAM #3 S,. i : 1 -6 Ingress and Egress Site Plan & Non-Customer EntranceAsBuilt" of the Entire Lot Emergency Exit Only Areas of Ingress/Egress Closest Cross Streets: I ISouth=Washington St 1 °' Y"T 11Canfe,s North=Adams St eno elJ Color Code:Yom.,I: li'C \ RED TEXT inside Blue 191, 3, Walls:Areas located outside of which the x licensee has legal right of possession Example a..- r„ UcaCM'r li C ex,... G Jam'' kl 5 ,2t 1- ' l lr vs5-€5 S Entrance' L; 5.x41-,ArmAMd ResS {V*ea... Blue Text:to t 1' r Restricted Area I xJSurveillanceRoomis- a; Cannabis Locked Storage Checkout is Counter Legend & Color Key Total Floor Plan 605 sq ft oRearIngress& Edgress are BLACK Identified in front and read of buildingwithaBLACKARROW 3 D Cross Streets are and tabled in QExit l .wxaWHITEtext V j1- C l N pExteriorWallsareBLUEn Door Entrance/Exit are PURPLE wkz C iPlanMesurementsareBLUEi14'5" aAllMesurementsare(ft'&in") m Outside Entrance `""";1g"""'a"'w EZIlInAst.W1l to Basement 3 Side iNalk s i'' PARKING t. vi o Lel TRUE NORTH sVI u Front In raram 4th Ave. Seward, AlaskatOZC AMCO Received 11/20/2018227 TRUE NORTH 216 4th Ave Unit#2 Basement I IL,tv.o• i iI • w j '' 4L 41 The Tufted Puffin LLC 'Boiler Room E I License# 17758 L W'- jMJ02:4 storage II t/ C e'Storage I1 f 1 MJF(..pp,C DIAGRAM #5 J gJ L Storage t SO" Basement"I Eros woes,ea.Stree Storage Storage sPontdYenst QLOR CODE KEY- r I_RED Ten Label: BathroomAreaskcnedotdaldeofwhichthelicenseeh.lest' rt'.ofpossession are IdentifiedMredtees c GREEN: Bathroom kAreaslocatedMichhlicenseehaslegalrightN - N r 1 _ pos.n.l.are Identified In gen text. Kitchen t gk rxtoIDCh->.%raa w I Drs. R1, e.eerdNes IUI ne a aeN-a QPShower cEt<c n l JLegend/Color Code Key L E I IIicyndvPunanswnE Yeerwwail:ate StorageEaWalla. Storage0DasE+NarI>d1Ean PURPLE ORanan7aestmeenuareBLUENm Fro eRtw lAres7/EpressareBLACK N Yssareeneras are('a 7.ei t I g t e JOffice (' Outside Enka to Ba5eme7K fi Storage Office I r—, i tS1SideWalkI ,7. Tr; ' i 3J.Xrell7.-.ARKING`—n+ar-.a—_,r. w v2i.' Front U Ingressand Egress, AGIUI1-J t. I Y TRUE NO-. . AMCO Received 11/20/2018228 C4. ocation f..r Food Establishment Permit r0AlaskaDepamensofEnvironmentalConservation ir1,'V 1 Divi•ion of Environmental Health I "5 Food ' :fety and Sanitation Program s' st?.DEC Permit ID: Section 1-GENERAL INFORMATION (All :pplicants complete entire section—please 'mint). Purpose(check one) 0 New 0 Information Change 0 Extensive Remodel 0 Change of owner/operator Rea ivateNameofEntityorOwnerResponsibleforFoodServiceAKBusiness icense#The Tufted Puffin LLC Business/Corporate Mailing Address Cit 6(.0 r • 7 7 o PO Box 1934 Seward AKte 664EBusiness/Corporate Phone Email9047-947-3349 tuftedpuffinllc@gmail.com 1 o Owner(s)or Corporate Officers)8 Title(s)or Responsible P.rty 1 Fax I I Jennifer Wells President Randy Wells Vice P _sident Type of Entity 0 Individual 0 Partnership Corporation Other:Establishment Name Physical Location Nearest Comnunity lLTheTuftedPuffinLLC2164thAve.Unit 2 SewardEoEstablishmentMailingAddressCityStateN 'E PO Box 1934 Seward AK 664oEstablishmentPhoneFaxContactPerson W 907-947-3349 Jennifer WellsEstablishmentPhysicalAddressCityState1216Unit24thAve.Seward AK 11664 SEATING: (Food Service Only) O N/A 0 25 or less 0 26-100 101 TYPE OF OPERATION Please describe the type of facily you plan to open below(i.e.restaurant, bar, grocery store,etc.) Retail Marijuana Store i SECTION 2— NEW OR EXTENSIVELY REMODELED FACILITIES a A plan review will be required if your facility has never been permitted by the Alaska's Food Safety and Sanitatiorl has not hadanactivepermitinthelast five years:will be extensively remodeled;or is a new construction. If any of these appl ,a Plan PeviewApplicationisrequiredtoprocessyour application. Have you attached the Flan Review Application?0 Yes 0 1Io SECTION 3 —COMPLETE FOR ALL FOO ESTABLISHMENTS (Check all that apply) _FOOD ERVICE ESTABLISHMENTS r a. A copy of your menu will be required. Have you a ached a copy of the proposed menu? El lies 1 0 Nob. Attach appropriate label, placard, or rrlertu notation for the consumer advisories if you serve: Wild Mushrooms 0 Unp isteurized juices 0 Farmed halibut, slmon, of sablefish Raw/undercooked animal foods such s beef, shell eggs, lamb, pork, poultry, seafood, and shellfish.c. Methods of food preparation (check the one that ; ost closely describes the establishment: Assembly of Ready to Eat Foods 0 Cook and Serve Hot or cold Service for 2 hours or moreis done 0 Complex ( Preparation 1 day or more iadvance,cooling and reheating is done). d. Style of Service: 0 Counter Service 0 Self Service(i.e. buffet line, salad bar) 0 liable Seriiice 0 Other: e. Do you plan to operate as a caterer?0 lies IN No If yes, list all the equipment used to protect food from contamination and maintain product temperature luring:Transportation: Hot or Cold Holding: Form 18- 31-APP.OI (Rev 4%13) 229 Permit ID(s) Establishment Nar1e(s) f. Will your food establishment be a kiosk or mobiles unit? 0 es No Are employee toilets available within 201 feet? l es 0 No Ifyou have an agreement with another business .use theirrestrooms,please attach written verification. Portable water tanks, plumbing, and hos•s are NSF or FDA approved components?es No If you have a kiosk, is it located outside of a building? 0 es j 0 No Will you have a service provide water or -move wastewater? 0 es G 0 No Ifyes, provide a letter ofagreement from water hauler or .stewater hauler outlining services provided and frequency. Will another permitted food establishment(comm ssa )provide support to your facility?If yes, attach a copy of tie g. Commissary Agreement. 0 Yes No FOOD PROCESSORS a. A copy of a label for each type of product you wilt produce is required. Have you attached food labels of each prt duct to be produced? 0 Yes No b. Describe who you will be distributing your product to (i.e. grocery stores,etc): General Public Over 21 yrs Old C. Will you be doing any of the following processes'?Check all that apply. 0 Reduced Oxygen Packaging Smoking 0 Other: 0 Low Acid Canned Foods Curing 0 Shelf Stable Acidified Foods Dehydrating Be sure to check withyour local Environmental Health Officer for any applicable forms and FDA requirements. d. Do you have a HACCP Plan? Yes o El N/A Required for high hazardfoodprocessors such as smokirf curing,acidifying, dehydrating, thermally processing low acid ods,redu'ed oxygenpackaging,etc. e. You are required to have a product coding system and a recall plan. Have you attached a copy of the oiling s tem and recall procedures? 0 es 21 No MOBILE RETAIL VENDOR SELLING SEAFOOD a. A list of products that you will be selling is required.Have you attached a copy of the list of products? Yes 0 No b. Provide names of suppliers where you will be purchasing your product: c. Will all of your product be prepackaged? I Yes 0 No d. Will another permitted food establishment(comm,ssary)provide support to your facility? If yes, attach a copy of the Commissary Agreement. 0 Yes No MACHINES VENDING POTENTIALLY HAZARDOUS FOODS Have you attached the label that will be affixed ti the front of each machine with name, physical address, and • one numbera' of the permitted food establishment servicing the machine? 0 Yes , No SECTION 4—Food Managers Certification/Alaska Safe Food Worker Card a. Have you attached a copy of a Food Manager's ertification?0 Yes Io NIA the operator of a food establishment that serves and prepares unwrapped or unpackaged food,except for a bar,tavern,or limited foci service, must have at least one Certified Food Protection Manager who,s involved in the daily operations of the establishment. b. Does everyone who works or will work at the food establishment have a Food Worker Card? ®Yes 0 No 0 N/A An operator of a food establishment shall keep on file a copy of the Food Worker Card issued by the department for each employed fwd worker and make the copy available to the Department upon request. I declare,under penalty of unsworn falsification, that this application(including any accompanying statements)has bele examined by me and to theembest of my knowledge and belief is true, correct,and complete. r agree to pay all fees before operating. Applicant's Signature ) ',47.4•4 Date 5/ 11/18 Jennif_ Mfells PresidentApplicant's Printed Na Title Form 18.31.APP.OI(Rev 4/13) 2 230 or Department of EnvironmentalI'IIL STATE 1 ofAj ^ CK ^ Conservation ate,j -_; _::: DIVISION OF ENVIRONMENTAL HEALTHL -FOOD SAFETY& SANITATION PROGRAMsg''T 7 GOVERNOR BILL WALKER o ;. 43335 Kalifornsky Beach Rd Suite 11ALASK Soldotna,Alaska 99669 Main:907. 262.3413 Fax:907.262-2294 www.dec.alaska.aov/eh/fss melanie.hollon @alasko.gav May 17'h,2018 Jennifer Wells The Tufted Puffin Po Box 1934 Seward,Alaska 99664 Subject DEC Food Establishment Permit Not Required Dear Ms. Wells, Thank you for your recent application for a permit from the Department of Environmental Conservation's Food Safety and Sanitation program. This letter is to inform you that the marijuana establishment you have described in your application does not require a permit under the Alaska Food Code (18 AAC 31) since your plan is to sell only prepackaged,non-potentially hazard food (18 AAC 31.012(c)(1)). Non-potentially hazardous foods are foods that do not support the growth of dangerous bacteria because of their water activity,pH,or a combination of the two. A good method to determine whether a food is non-potentially hazardous is whether it requires refrigeration to keep it safe or preserve it. If it does not require refrigeration,it is most likely non-potentially hazardous. If you are unsure about the safety of a product and whether it requires temperature control be sure to contact the Food Safety and Sanitation program for more information. Please be aware that if you change the type of food that you sell at your establishment to include foods that are potentially hazardous,you will be required to submit a plan of your operations and apply for a food establishment permit. Sincerely, Melanie Hollon Environmental Health Officer III 231 2164thAve.Uni #2 Seward AK99564 To: Alaska Department of Environme it Conservation From: The Tufted Puffin LLC Regarding: Application for Food Esta lishment Permit This letter outlines the products we pl n to sell at our retail location. Cannabis Flower Cannabis Oil/Wax for use in v p-pen None of our products require cold st4age, and all come pre-packed from the manufacture. I 232 1114 Alcohol and Marijuana Control Office 1t Je,550 W 7'h Avenue,Suite 1600 y Anchorage,AK 99501 marijuana.licensing@alaska.eov AMCOhttps://www.commerce.alaska.eov/web/ amco Alaska Marijuana Control Board Phone:907.269.0350 Operating Plan Supplemental X01140L(0"Form MJ-03: Retail Marijuana Store What is this form? This operating plan supplemental form is required for all applicants seeking a retail marijuana store license and must accompany Form M1-01:Marijuana Establishment Operating Plan,per 3 AAC 306.020(b)( 11).Applicants should review Chapter 306:Article 3 of the Alaska Administrative Code.This form will be used to document how an applicant intends to meet the requirements of the statutes and regulations. If your business has a formal operating plan,you may include a copy of that operating plan with your application, but all fields of this form must still be completed per 3 AAC 306.020 and 3 AAC 306.315(2). What additional information is required for retail stores? Applicants must identify how the proposed establishment will comply with applicable regulations regarding the following: Prohibitions Signage and advertising Displays and sales Exit packaging and labeling Security Waste disposal This form must be completed and submitted to AMCO's main office before any new or transfer application for a retail marijuana store license will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC M1 License#:17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit #2 City: Seward State: Alaska ZIP: 99664 Form M1-03)(rev 11/07/2017) Pagelof6 AMCO Received 11/20/2018233 Alaska Marijuana Control Board AMCO Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 2 - Overview of Operations 2.1.Provide an overview of your proposed facility's operations.Include information regarding the intake and flow of marijuana and marijuana product at your premises,and a description of what a standard customer visit to your establishment would entail: The Tufted Puffin LLC.,will purchase Marijuana products from a licensed Alaskan Business.Upon receiving the products our staff will weigh the product on our approved digital scale to ensure we have received the correct amount shown on the manifest.Next,the purchase details,product info and its weight will be uploaded into Metrc. All this will be done alongside the person delivering the cannabis products. Lastly,the product will be placed in inventory. As possible customers approach The Tufted Puffin one of the first things they will see is our outside sign that states"The Tufted Puffin""A Recreational Dispensary" When our customers enter the retail building they will walk past other businesses while on route to our retail entrance.Once the customer enters The Tufted Puffin they will be stopped and greeted by a staff member in our"ID&Entrance"area.Once our staff has concluded the Customer ID Check and determined that the person(s)are of legal age,said person(s)will be granted entrance into the retail area.Customers will see cannabis products displayed on display tables.Once the customer determines to make a purchase our staff member will escort the customer to our"check out window."Next, the soon to be purchased product will be weighed on our certified digital scale, and placed into a child proof container with proper labeling.Our staff person will once again ask for the customers ID,and enter the purchase into our POS/Tracking system.All cannabis products will leave the retail area packed within an opaque container. Lastly, the customer will exit through the designated exit area of The Tufted Puffin LLC. Section 3 - Prohibitions Review the requirements under 3 AAC 306.310. 3.1.Describe how you will ensure that the retail marijuana store will not sell,give,distribute,or deliver marijuana or marijuana product to a person who is under the influence of an alcoholic beverage,inhalant,or controlled substance: Our store will ensure it does not sell,give, distribute,or deliver any Marijuana products to a person under the influence with proper training of our employees.Our staff will be trained to look for and notice signs of intoxicated persons.Our staff will look for,blood shot eyes,glassy or water eyes,loud-noisy-slurred speech,or the inability to stand,walk or maintain a positive posture. Our staff will be sure a person under the influence of intoxicants is not able to purchase products from our store. 3.2.I certify that the retail marijuana store will not: Initials a. sell,give,distribute,deliver,or offer to sell,give,distribute,or deliver marijuana or marijuana product in a quantity exceeding the limit set out in 3 AAC 306.355;V b. sell,give,distribute,deliver, or offer to sell,give,distribute,or deliver marijuana or marijuana product over the internet; t c. offer or deliver to a consumer,as a marketing promotion or for any other reason,free marijuana or marijuanaproduct,including a sample; d. offer or deliver to a consumer,as a marketing promotion or for any other reason,alcoholic beverages,free or for compensation;or e. allow a person to consume marijuana or a marijuana product on the licensed premises. Answer"Yes"or"No"to the following question: Yes No 3. 3.Do you plan to request future approval of the Marijuana Control Board to permit consumption of marijuana f II Iormarijuanaproductinadesignatedareaontheproposedpremises? Form MJ-031(rev 11/07/ 2017) 17785 Page 2 of 6 License# AMCO Received 11/20/2018234 AI1CO Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 4 - Signage and Advertising Review the requirements under 3 AAC 306. 360 and 3 AAC 306.365.All licensed retail marijuana stores must meet minimum standards for signage and advertising. You must be able to certify each statement below.Read the following and then sign your initials in the corresponding box: Initials 4.1.I understand and agree to follow the limitations regarding the number,placement,and size of signs on my proposed establishment,set forth in 3 AAC 306.360(a). 4.2.The retail marijuana store will not use giveaway coupons as promotional materials,or conduct promotional activities such as games or competitions to encourage the sale of marijuana or marijuana products. 4.3.All advertising for marijuana or marijuana product will contain the warnings required under 3 AAC 306.360(e). 4.4.I understand and agree to post,in a conspicuous location visible to customers, the notification signs required under 3 AAC 306.365. 4. 5.I certify that no advertisement for marijuana or marijuana product will contain any statement or illustration that: a. is false or misleading; b. promotes excessive consumption; 111 c. represents that the use of marijuana has curative or therapeutic effects; Inen d. depicts a person under the age of 21 consuming marijuana;or e. includes an object or character,including a toy,a cartoon character,or any other depiction designed to appeal to a child or other person under the age of 21,that promotes consumption of marijuana.MIA INF 4.6.1 certify that no advertisement for marijuana or marijuana product will be placed: a. within 1,000 feet of the perimeter of any child-centered facility,including a school,childcare facility,or other facility providing services to children,a playground or recreation center,a public park,a library,or a game arcade that is open to persons under the age of 21; b. on or in a public transit vehicle or public transit shelter;1,1 c. on or in a publicly owned or operated property; d. within 1,000 feet of a substance abuse or treatment facility;or e. on a campus for postsecondary education. Section 5 - Displays and Sales 5.1.Describe how marijuana and marijuana products at the retail marijuana store will be displayed and sold: After ID is checked,when customers enter the retail area, they will see cannabis products displayed in locked display containers. These containers will be attached to the table display and not removable. See Image on pg.6/ 6 titled Cannabis Display." Once the customer determines to make a purchase he/she will be escorted to our"check out window."Behind the check out window, within our restricted area,the product will be weighed on our digital scale,and placed into a child proof container with proper labeling by a Tufted Puffin staff person. Next,our staff person will ask for the customers ID,enter the purchase into our POS/Tracking system including the product/amount sold,all via a bar code scanner. The customer will have the option and right not to have their information retained by our establishment. Form M1-031(rev 11/07/2017) 17758 Page 3 of6 License k AMCO Received 11/20/2018235 NI, Alaska Marijuana Control Board AMCO Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 6 - Exit Packaging and Labeling Review the requirements under 3 AAC 306.345. 6.1.Describe how the retail marijuana store will ensure that marijuana and marijuana products sold on its licensed premises will meet the packaging and labeling requirements set forth in 3 AAC 306. 345(a): All marijuana products sold from our retail storewill be complaint with 3AA306.345 as described below: 3 MC 306. 345 requires The Tufted Puffin LLC to package and label products ina manner that strictlycomplies with the regulations. Marijuana sold on its licensed premises willbe packaged and labeled in compliance with 3 MC 306.470 and 3 MC 306.475;any marijuana product sold on its licensed premises is packaged and labeled in compliancewith 3 AAC 306.565 and 3 AAC 306.570;and(3) marijuana or a marijuanaproduct sold is packaged in opaque,resalable,child•resiistant packaging when the purchaser leaves the retail section of the licensed premises;the packaging must be designed or constructed to be sgnifmantty diffwlt forchildren under five yearsof age to open,but not normally difficult for adults touse property.In addition to labeling requirements stated herein,The Tufted Puffin will affix a label to each package ofmarijuana or marijuana product that(1)identifies The Tufted Puffin LLC,is theretail license that is selling the marijuana and/or marijuana product,by name or distinctive logo andits ficense number;(2)states thetotal estimated amount ofTHC in the labeled product;and(3)contains each of the following statements:(A)'Marijuana has intoxicating effects and may be habit forming and addictive. (13)'Marijuana impairs concentration, coordination,and judgmenL Donot operate a vehicle or machinery under its influence';(C)'There are health risks associated with consumption of marijuana';(D)'For use only by adults twenty-one and older.Keep out of the reach of children.';(E)"Marijuana should not be used by women who are pregnant or breast feeding' The Tufted Puffin employees will be trained on proper packaging and labeling and managers will be responsible forinspecting and approving all marijuana and marijuana products thatwilt be sold at the retail store.The inspection and approval will include allpackaging,equipment,labeling, and testing policies and results. Labels will bechecked for(1)name and license number of the licensed establishment;(2)production lot and batch number,(3)strain Information;(4)net weight of the product In the package(not including weight of packaging);and(5)packaging date and expiration date.All marijuana bud and flower sold toacustomershall be packaged for sale in a package not exceeding one(1)ounce.Alt marijuana concentrate sold to acustomer shall be packaged for sale in a package not to exceed seven(7)grams for rnanjuana concentrate meant for inhalation. And any combination of marijuana edibles/marijuana flowed and marijuana concentrate maynot exceed a total of 5600 mgs. 6.2.Provide a sample label that the retail marijuana store will use to meet the labeling requirements set forth in 3 AAC 306.345(b): Produced by: Marijuana has intoxicating effects and may be habit forming and addictive."; Harvest Batch: Marijuana impairs concentration,coordination,and judgment. Do not operate THC%or MG: a vehicle or machinery under its influence.";"There are health risks associated Net Weight: with consumption of marijuana.';"For use only by adults twenty-one and older. Strain Name: Keep out of the reach of children.";" Marijuana should not be used by women Sold By The Tufted Puffin LLC who are pregnant or breast feeding." License number 17758 Best BY(if applicable) Sample Retail Packaging for cannabis products Form MJ-03)(rev 11/07/2017) 17758 Page 4 of 6 License# AMCO Received 11/20/2018236 k Alaska Marijuana Control BoardANICO Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Section 7 - Security Review the requirements under 3 AAC 306.350 and 3 AAC 306.720. 7.1.Describe the retail marijuana store's procedures for ensuring a form of valid photographic identification has been produced before selling marijuana or marijuana product to a person,as required by 3 AAC 306.350(a): Our store will have strict procedures for ensuring our customers are over 21 and have a valid photo ID before entering the store and again at the time of purchase.Each one of our employees will have taken the Alaska Marijuana Handlers Course.This course teaches each employee to be able to distinguish between a valid photo ID,and not." If in doubt,show them out." Lastly, Our POS Scanner does have a capability to scan IDs to confirm an ID is valid. Each person will have the option of our system to retain their name to establish a loyalty program. You must be able to certify the statement below.Read the following and then sign your initials in the box to the right: Initials, 7.2.The video surveillance and camera recording system for the licensed premises covers each point-of-sale area. Section 8 - Waste Disposal Review the requirements under 3 MC 306.740. 8.1.Describe how you will store,manage,and dispose of any marijuana waste,including expired marijuana or marijuana products, in compliance with any applicable laws.Include details about the material(s)you will mix with ground marijuana waste and the processes that you will use to make the marijuana waste unusable for any purpose for which it was grown or produced: In the event our retail store has marijuana waste we will dispose of it in accordance with 3AAC 306.740. For example, our store will enter the amount of waste in our marijuana inventory tracking system required under 3 AAC306.730, give the board notice no later than three days before making the waste unusable and disposing of it; while keeping a record of the final destination of marijuana waste made unusable. All marijuana plant waste will be made unusable by grinding the marijuana plant waste and mixing it with at least an equal amount of other compost-able or non-compost-able materials. Material that we may be mixing with the marijuana waste includes compost-able materials such as food waste, yard waste, vegetable based grease or oils, and/or other wastes approved by the board. Once approval is granted to dispose of waste product, said product will be transfered to Seward transfer facility. You must be able to certify the statement below.Read the following and then sign your initials in the box to the right: Initials 8.2.The retail marijuana store shall give the board at least three days written notice required under 3 AAC 306.740(c) before making marijuana waste unusable and disposing of it. I declare under penalty of unsworn falsification that this form, including all accompanying schedules and statements,is true,correct, and complete. MASTOLIER4,rP. of lice t. Notary Public Nota Public in an for the State of Alaska State of Alaska enni er s My Commission Expires Jun 7, 2022 I n 1-12zMycommissionexpires: L 4 Printed name of licensee p 1Subscribedandsworntobeforemethisc0,l day of ." ",7') ,20 V46 Form MJ-03](rev 11/07/2017) 17758 Page 5 of 6 License# AMCO Received 11/20/2018237 AMC° Alaska Marijuana Control Board Form MJ-03: Retail Marijuana Store Operating Plan Supplemental Additional Space as Needed): Section 5(5.1) "Cannabis Display." 73 q1 "I1 The Aroma E-PodTM features a microscopic lens for magnified viewing and a unique aroma screen allowing customers to obtain the full fragrance of the strain without disturbing trichomes or violating any state-specific regulations. Form MJ-03](rev 11/07/ 2017) 17758 Page 6 of 6 License# AMCO Received 11/20/2018238 0t,&M,tk Alcohol and Marijuana Control Office oN 550 W 7th Avenue,Suite 1600 v 92 Anchorage,AK 99501 mariivana.licensing(aalaska.gov AMCOhttps://www.commerce.alaska.gov/web/ amco Phone:907. 269.0350 Alaska Marijuana Control Board 0' QOLO,`` Lw Form MJ-09: Statement of Financial Interest What is this form? A statement of financial interest completed by each proposed licensee(as defined in 3 AAC 306.020(b)(2))and affiliate(as defined in 3 AAC 306.990(a)(1))is required for all marijuana establishment license applications,per 3 AAC 306.020(b)(4).A person other than a licensee may not have direct or indirect financial interest(as defined in 3 AAC 306.015(e)(1))in the business for which a marijuana establishment license is issued,per 3 AAC 306.015(a). This form must be completed and submitted to AMCO's main office by each proposed licensee or affiliate before any license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit #2 City: Seward State: AK ZIP: 99664 Section 2 - Individual Information Enter information for the individual licensee or affiliate. Name: Jennifer Wells Title: President SSN: Date of Birth: Form M1-091(rev 10/05/2017) Page 1 of 2 AMCO Received 11/20/2018239 pV&M11'ik Alcohol and Marijuana Control Office 550 W 7th Avenue,Suite 1600 Att !72 Anchorage,AK 99501 0 mariivana.licensing@alaska.gov AMj C0 https://www.commerce.alaska.gov/web/amco j Phone:907. 269.0350 Alaska Marijuana Control Board A.rkOLO``` Form MJ-09: Statement of Financial Interest Section 3 - Certifications I certify that no person other than a proposed licensee listed on my marijuana establishment license application has a direct or indirect financial interest,as defined in 3 AAC 306.015(e)(1),in the business for which a marijuana establishment license is being applied for. I further certify that any ownership change shall be reported to the board as required under 3 AAC 306.040. I understand that my fingerprints will be used to check the criminal history records of the Federal Bureau of Investigation(FBI),and that I have the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record. The procedures for obtaining a change,correction,or updating an FB!identification record are set forth in Title 28,CFR, 16.34. I declare under penalty of unsworn falsification that this form,including all accompanying schedules and statements,is true,correct, and complete. Q,,..s.„___, A,. re. .-----_,„;„,-.„........6liven Notary Public in an for the State of AlaskaVALERIEMASTOLIER Notary Public Jen ifer ' ells State of Alaska My Commission Expires Jun 7, 2022 ,My commission expires: ( n i "1"1_7_ Printed name of licensee 411,4 41 w ..- -.191.___ _ Subscribed and sworn to before methis day of W4otw, rCX ,20 it. Form M1-09](rev 10/ 05/2017) Page2of2 AMCO Received 11/20/2018240 apt& tri, Alcohol and Marijuana Control Office 550 W 7'h Avenue,Suite 1600 Anchorage,AK 995017 Al/j• ,% `C0 mariivana.licska o / eskamcohttps://www.commerce.alaska.Rov/web/amCo Phone:907.269.0350AlaskaMarijuanaControlBoard Form MJ-09: Statement of Financial Interest What is this form? A statement of financial interest completed by each proposed licensee(as defined in 3 AAC 306.020(b)(2))and affiliate(as defined in 3 AAC 306.990(a)( 1))is required for all marijuana establishment license applications,per 3 AAC 306.020(b)(4).A person other than a licensee may not have direct or indirect financial interest(as defined in 3 AAC 306. 015(e)(1))in the business for which a marijuana establishment license is issued,per 3 AAC 306.015(a). This form must be completed and submitted to AMCO's main office by each proposed licensee or affiliate before anylicenseapplicationwillbeconsideredcomplete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit #2 City: Seward State:AK ZIP: 99664 Section 2 - Individual Information Enter information for the individual licensee or affiliate. Name: Randy Wells Title: Vice President SSN: Date of Birth: Form M1-091(rev 10/05/2017) Page 1 of 2 AMCO Received 11/20/2018241 O% &N1gAlcohol and Marijuana Control Office o rt,/ e• 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 marijuana.licensing@alaska.gov AMCOhttps://www.commerce.alaska.Aov/web/amco Phone:907. 269.0350 Alaska Marijuana Control Board rU, ko, o.•` Form MJ-09: Statement of Financial Interest Section 3 - Certifications I certify that no person other than a proposed licensee listed on my marijuana establishment license application has a direct or indirect financial interest,as defined in 3 AAC 306.015(e)(1),in the business for which a marijuana establishment license is being applied for. I further certify that any ownership change shall be reported to the board as required under 3 MC 306.040. I understand that my fingerprints will be used to check the criminal history records of the Federal Bureau of Investigation(FBI),and that I have the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record. The procedures for obtaining a change,correction,or updating an FBI identification record are setforth in Title 28,CFR,16.34. I declare under penalty of unsworn falsification that this form,including all accompanying schedules and statements,is true,correct, and complete. CjC ure of licensee 1 VALERIE MASTOLIER No ry Public in and for the State of Alaska Notary Public r Randy WellsIState x ireska Le 11 2 2MyCommissionExpiresJun7, 2022 My commission expires: Printed name of licensee Subscribed and sworn to before me this23, ) day of Q 20 Form MJ-09](rev 10/05/2017) Page 2 of2 AMCO Received 11/20/2018242 DocuSign Envelope ID:OF5CD1F8-4FD7-456A-9958-232881D64E81 COMMERCIAL LEASE/RENTAL AGREEMENT 1 This Agreement made this 12 day of i OtL.N b „IV/At by and between: Landlord: Manolakais Inc Address: c/o Seward Properties 437 4th Ave Seward, AK 99664 and Tenant: The Tufted Puffin LLC,"A Cannabis Retail Business" In consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. Landlord's Representative Tenant is hereby notified and acknowledges that Integrity Realty is authorized to manage the Premises on behalf of Landlord, and to act for and on behalf of Landlord for the purposes of collecting Rent, receiving service of process notices and demands, and enforcing the terms and conditions of this Agreement. 2.Premises 216 4"- Unit 2 Seward,AK 99664(the"Premises") Landlord hereby leases to the Tenant the above Premises upon the following terms and conditions. 3. Term Original lease agreement signed on April 18th 2018 for a term of two years,commencing on the 20th day of April,2018 and terminating on the 30t day of April,2020. Upon expiration of the Term, if the parties mutually agree to the Tenant's holding over of the Premises, this Agreement shall be extended for one additional one year periods on the existing terms or however may be negotiated between the parties. Should either party wish to renegotiate the terms of this Agreement or to allow the Tenant to hold over the Premises for an additional one-year period then the party wishing to renegotiate or hold over shall provide written notice to the other party indicating the desire to do so at least 90 days prior to the expiration of the then current term. Should the other party not be willing to renegotiate or allow the Tenant to hold over the Premises then the party must reject the other parties offer ill writing at least 60 days prior to the expiration of the then current term. Should the parties continue to actively negotiate the terms of a hold over Agreement past the then current expiration of Agreement then the Tenant shall be permitted to continue to occupy the Premises at the then current terms of this Agreement until the parties complete their negotiation or one party issues a final best and final offer and provides the other party with a definitive and final termination date which shall be no less than 60 days from the date of the termination notice due to the failed negotiations. If no hold over or renegotiation written notice is provided to the other party regarding this Agreement as described above then the Agreement shall terminate upon the expiration of the then current term and the Tenant shall relinquish the Premises back to the Landlord upon the expiration of the term. If the Tenant stays at the Premises past the expiration date of this Agreement, then by signing this Lease the Tenants are accepting notice in advance that they will be considered Trespassers and will be liable for up to 1.5 x damages when taken to court. No further notice of termination of tenancy will need to be delivered when this lease is signed and the Tenant acknowledges the Term of the Agreement Initials: Agar AMCO Received 11/20/2018243 DocuSign Envelope ID:OF5CD1F8-4FD7-456A-9958-232881D64E81 9 Additional Tenancy Clauses The back alley entrance is not to be used by customers. Cleaning and stocking the bathrooms and hallways are a joint responsibility between tenants. Tenants are responsible for any cleaning needed because ofcustomers who visited their space. SEWARD PROPERTIES I > 1 z,k 1 By: 0_alL Date Al yson e,Landlord'sd'ss Property Manager/Authorized Agent u3lpnedby: 11/ 12/2018 3:51:26 PM PST Daterr stoin"o'..Manof ca C s c%o Konstantinos Manolakakis t The T f• Puffin LLC%Randy Wells Tenant: (Please put all contact informatio down) address: Telephone numbers: Email Address: Emergency Contacts names analnumbers: fc"-- LAJ S q?-1 - 94/7- Initials: 9 AMCO Received 11/20/2018244 OL if:4 Alcohol and Marijuana Control Office 0 550 W 7th Avenue,Suite 1600 v Anchorage,AK 99501 7 marijuana.licensine@alaska.gov AMC® https://www.commerce.alaska.gov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board oV" Form MJ-07: Public Notice Posting Affidavit What is this form? A public notice posting affidavit is required for all marijuana establishment license applications,per 3 AAC 306.020(b)(10).As soon as practical after initiating a marijuana establishment license application,an applicant must give notice of the application to the public by posting a true copy of the application for ten(10)days at the location of the proposed licensed premises and one other conspicuous location in the area of the proposed premises,per 3 MC 306.025(b)(1). This form must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee: The Tufted Puffin, LLC License Number: 17758 License Type: Retail Marijuana Store Doing Business As: THE TUFTED PUFFIN, LLC Premises Address: 216 4th Ave. Unit 2 City: Seward State: AK ZIP: 99664 Section 2 - Certification I certify that I have met the public notice requirement set forth under 3 MC 306.025(b)(1)by posting a copy of my application for the following 10-day period at the location of the proposed licensed premises and at the following conspicuous location in the area of the proposed premises: Start Date: October 23, 2018 End Date: November 2, 2018 Seward City Hall P.O. Box 167,410 Adams Street City Hall Building Seward,Alaska 99664Otherconspicuouslocation: I declare under penalty of unsworn falsification that this form,including all accompanying schedules and statements,is true,correct, and co ,•lete. 0! She censetiVALERIEMASTOIIERNotaPubisinan2i -offor the State of AlaskaNotaryPublic State of Alaska 1,1 + 22MCommissionExpiresJun7, 2022 . My commission expires: tf Printed name of licensee Subscribed and sworn to before me this ,O day of 4 •Q)/V 20 b. Form M1-071(rev 10/05/2017)Page 1 of 1 AMCO Received 11/20/2018245 p a` Alcohol and Marijuana Control Office LOQ DC7 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 marijuana. licensing(caalaska.govAMCOhaps://www.commerce.alaska.gov/web/amco Alan:a Marijuana Control Board Phone: 907.269.0350 PPJ Vie. tiro!,o'‘t, Form MJ-08: Local Government Notice Affidavit What is this form? A local government notice affidavit is required for all marijuana establishment license applications with a proposed premises that is located within a local government,per 3 AAC 306.025(1)(3).As soon as practical after initiating a marijuana establishment license application,an applicant must give notice of the application to the public by submitting a copy of the application to each local government and any community council in the area of the proposed licensed premises. For an establishment located inside the boundaries of city that is within a borough,both the city and the borough must be notified. This form must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee: The Tufted Puffin LLC.License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC. Premises Address: 216 4th Ave. Unit 2 City: Seward State:AK ZIP= 99664 Section 2 - Certification I certify that I have met the local government notice requirement set forth under 3 MC 306.025(b)(3)by submitting a copy of myapplicationtothefollowinglocalgovernment(LG)official(s)and community council(if applicable): Local Government(s): City of Seward 4/16/ 18DateSubmitted: Qo C` Cit/'Name/Title of LG Official 1: Bref\c/C0\ Q(` Na Title of LG Official 2: Community Council: A/7 Date Submitted:Municipality of Anchorage and Matanuska-Susitna Borough only) I declare under penalty of unsworn falsification that this form,including all accompanying schedules and statements,is true,correct,and complete. 1e tee,IVALERIE MASTOLIERSign.•of Ii ` Notary Public Notary Public in and for the State of AlaskaStateofAlaskaenfer ' . ells 4 My Commission Expires Jun 7. 202) 1 Printed name of licensee My commission expires: LL Subscribed and sworn to before me this day of 1 al/0r CJ( ,20 1, Form M1-08](rev 01/10/2018) Page 1 of 1 AMCO Received 11/20/2018246 Alcohol and Marijuana Control Office 550 W 7th Avenue,Suite 1600 C r.Anchorage,AK 99501 V marijuana.licensing(a alaska.gov https://www.commerce.alaska.gov/web/amco L 4' ' j1' Phone:907. 269.0350 Alaska Marijuana Control Board b? oLoVVN Form-MJ-08: Local Government Notice Affidavit What is this form? A local government notice affidavit is required for all marijuana establishment license applications with a proposed premises that is located within a local government,per 3 AAC 306.025(b)(3).As soon as practical after initiating a marijuana establishment license application,an applicant must give notice of the application to the public by submitting a copy of the application to each local government and any community council in the area of the proposed licensed premises.For an establishment located inside the boundaries of city that is within a borough,both the city and the borough must be notified. This form must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee:The Tufted Puffin LLC.License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC, Premises Address: 216 4th Ave. Unit 2 City: Seward State: AK ZIP: 99664 Section 2 - Certification I certify that I have met the local government notice requirement set forth under 3 MC 306.025(b)( 3)by submitting a copy of my application to the following local government(LG)official(s)and[ community council(if applicable): Q/3/ / 8 Local Government(s): Cit t Date Submitted: B c n, -IP Name/Title of LG Official 1:U/L..Q/1(7eI (2f p / lame/Title of LG Official 2: Community Council: Date Submitted: Municipality of Anchorage and Matanuska-Susitna Borough only) I declare under penalty of unsworn falsification that this form,including all accompanying schedules and statements,is true,correct, and complete. 7'2'\.7 771 Jg ure if lic: see ' ti ^j OFFICIAL SEAL .? Nota Public in and for the State of Alaska enni er . I ells Johni Blankenship 2.*U/ Notary Public- State of Alaska My commission expires: / 7 Printed name of licensee Subscribed and sworn to before me this dayof 20 / F. Form MJ-081(rev 01/10/2018) Page 1 of 1 AMCO Received 11/20/2018247 Public Notice Application for Marijuana Establishment License License Number: 17758 License Status: Initiated License Type: Retail Marijuana Store Doing Business As: THE TUFTED PUFFIN LLC Business License Number: 1064577 Email Address: tuftedpuffinllc@gmail.com Latitude,Longitude: 60.101800,-149.440000 Physical Address: 216 4th Ave. Unit 2 Seward, AK 99664 UNITED STATES Licensee#1 Entity Official#1 Type: Entity Type: Individual Alaska Entity Number: 10075187 Name: Randy Wells Alaska Entity Name: The Tufted Puffin LLC Phone Number: 907- 947-3349 Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Email Address: tuftedpuffinllc@gmail.com Mailing Address: PO BOX 1934 Seward, AK 99664 Mailing Address: PO BOX 1934 UNITED STATES Seward, AK 99664 UNITED STATES Entity Official#2 Note:No affiliates entered for this license. Type: Individual Name: Jennifer Wells Phone Number: 907- 947-3349 Email Address: tuftedpuffinlIc@gmail.corn Mailing Address: PO BOX 1934 Seward,AK 99664 UNITED STATES Interested persons may object to the application by submitting a written statement of reasons for theobjectiontotheirlocalgovernment, the applicant, and the Alcohol &Marijuana Control Office (AMCO) notlaterthan30daysafterthedirectorhasdeterminedtheapplicationtobecompleteandhasgivenwrittennotice to the local government. Once an application is determined to be complete,the objection deadlineandacopy of the application will be posted on AMCO's website athttps:l/www.commerce.alaska.govlweblamco. Objections should be sent to AMCO atmarijuana.licensing@alaska.gov or to 550 W 7th Ave, Suite 1600, Anchorage, AK 99501. POSTING DATE RECEIVED APR 16 20th OFFICE OF THE CITY CLERK 248 Oy Fi I,%,.ic v' Alcohol and Marijuana Control Office 550 W 7th Avenue,Suite 1600 v I- Anchorage,AK 99501 marijuana.licensing@alaska.gov AMC0https://www.commerce.alaska.gov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board rb iROL00 9'C, Form MJ-08: Local Government Notice Affidavit What is this form? A local government notice affidavit is required for all marijuana establishment license applications with a proposed premises that is located within a local government,per 3 MC 306. 025(b)( 3).As soon as practical after initiating a marijuana establishment license application,an applicant must give notice of the application to the public by submitting a copy of the application to each local government and any community council in the area of the proposed licensed premises. For an establishment located inside the boundaries of city that is within a borough, both the city and the borough must be notified. This form must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee: The Tufted Puffin LLC. License Number: 17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin Premises Address: 216 4th Ave. Unit 2 City: Seward State: AK ZIP: 99664 Section 2 - Certification I certify that I have met the local government notice requirement set forth under 3 AAC 306. 025(b)( 3)by submitting a copy of my application to the following local government(LG)official(s)and community council(if applicable): Local Government(s): City of Seward Date Submitted: 4/16/ 18 d Name/Title of LG Official 1: J)(,1/Id l/.,reS ( l Name'r /Title of LG Official 2: Community Council: Date Submitted: Municipality of Anchorage and Matanuska-Susitna Borough only) I declare under penalty of unsworn falsification that this f4t0i3a.',,,B panying schedules and statements,is true,correct,s. and 9 mple -. - Q Gi P 1:- P):•:: NOT Y ' ePoli -ns- P-{;'IC 'F otary Public in a ,f r the State of Alaska n ife r, IIs 2C1'.4.45. F OF ....\My commission expires: (isb e; Printed name of licensee MinRIO 1 r I. COSubscribedandsworntobeforemethisIdayofC/ f 20 / ZJ . J CO Y Form MJ-081(rev 01/ 10/2018) Page 1 of 1 249 Public Noticerf Application for Marijuana Establishment License License Number: 16390 CEIVED License Status: Initiated JAN 2 S 2018 License Type: Retail Marijuana Store Doing Business As: THE TUFTED PUFFIN LLC Zi ' Business License Number: 1064577 Email Address: tuftedpuffinllc@gmail.com Latitude, Longitude: 60.118000, -149.440000 Physical Address: 1401 4th Ave. Unit E Seward,AK 99664 UNITED STATES Licensee#1 Entity Official#1 Type: Entity Type: Individual Alaska Entity Number: 10075187 Name: Jennifer Wells Alaska Entity Name: The Tufted Puffin LLC Phone Number: 907-947-3349 Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Email Address: tuftedpuffinlIc@gmail.com Mailing Address: PO BOX 1934 Mailing Address: PO BOX 1934 Seward.AK 99664 UNITED STATES Seward,AK 99664 UNITED STATES Entity Official #2 Note:No affiliates entered for this license. Type: Individual Name: Randy Wells Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com Mailing Address: PO BOX 1934 Seward,AK 99664 UNITED STATES Interested persons may object to the application by submitting a written statement of reasons for the objection to their local government, the applicant, and the Alcohol & Marijuana Control Office (AMCO) not later than 30 days after the director has determined the application to be complete and has given written notice to the local government. Once an application is determined to be complete, the objection deadline and a copy of the application will be posted on AMCO's website at https://www.commerce.alaska.gov/web/amco. Objections should be sent to AMCO at marijuana.licensing@alaska.gov or to 550 W 7th Ave, Suite 1600, Anchorage, AK 99501. POSTING DATE 6/AQS1, / g 250 111.ti Alcohol and Marijuana Control Office O 14' 550 W 7 Avenue,Suite 1600 7, Anchorage,AK 99501 mariivana.licensing(alaska.aov AMC 0 https://www.commerce.alaska. gov/web/amco Phone:907.269.0350 Alaska Marijuana Control Board rf'.i.`,,t.0Y: . 4 Form MJ-08: Local Government Notice Affidavit What is this form? A local government notice affidavit is required for all marijuana establishment license applications with a proposed premises that is located within a local government,per 3 AAC 306.025(b)( 3).As soon as practical after initiating a marijuana establishment license application,an applicant must give notice of the application to the public by submitting a copy of the application to each local government and any community council in the area of the proposed licensed premises.For an establishment located inside the boundaries of city that is within a borough, both the city and the borough must be notified. This form must be completed and submitted to AMCO's main office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee: The Tufted Puffin LLC License Number: 16390 LicenseType: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 1401 4th Ave. Unit E City: Seward State: AK ZIP: 99664 Section 2 - Certification I certify that I have met the local government notice requirement set forth under 3 AAC 306.025(b)( 3)by submitting a copy of my application to the following local government(LG)official(s)and community council(if applicable): Local Government(s): Seward City Council Date Submitted: 1/25/2018 Name/Title of LG Official 1: David Squires, Mayor Name/Title of LG Official 2: City Council Community Council: Date Submitted: Municipality of Anchorage and Matanuska-Susitna Borough only)WillhIIi 111// I declare under penalty of unsworn falsification that thi Asti , ompanying s hedules and s -tements,is true,correct, omplete. 4/colrP' v.p{, E. =• NOTARY= E1`_. ..A:_.10)4 ature of lic•nse: s> PUBLIC/At rotary Public in • d 'Cr the State of Alaska Je Wife ells y'lF.""",P`'` My commission expires: Printed name of licensee 9////////( 11\\\`\ Subscribed and sworn to before me this&day of 20 15 Form MJ-08)(rev 01/10/2018)Page 1 of 1 251 401n'ssWlcasK° AGENDA STATEMENT Meeting Date: January 14, 2019 From: Brenda Ballou, City Clerk \4,1\0 Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: American Legion Post#5 Club License #53 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the liquor license renewal for American Legion Post#5, License #53, Club. 252 of 'F4Y C"" ab Qar•'4t ASwP MEMORANDUM Date: December 7, 2018 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Jessica Fogle, Deputy City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: American Legion Post# 5 Licensee: American Legion Club Post# 5 Type of License:Club License Number: 53 Department Status Initials Finance/Leases 0)re I aid ph 4 I /ig Finance/Utilities coret4c rti- c- t2-'4- tg Police Chief 0 1< /L .?-I d' k--4- CL /atg_Fire Chief f Z/ziA is Deadline for Protest: February 4, 2019 253 Office of the Borough Clerk b R b 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Johni Blankenship, MMC Borough Clerk 12/6/2018 Ms. Brenda Ballou City of Seward Seward City Hall 410 Adams St. Seward, AK 99664 RE: Non-Objection of Application Licensee/Applicant AMERICAN LEGION #5-SEWARD Business Name American Legion Post #5 License Type Club License Location 400 Fifth Ave, City of Seward License No. 53 Application Type License Renewal Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: americanlegionpost5@gci.net; clerk@cityofseward.net; JRodgers@kpb.us 254 OF T p I%%i s9 THE STATE, ofDepartment of Comme munity, and Econom lopmentALASKA 4 _ ALCOHOL& MARIJUANA CONTROL OFFICE GOVERNOR MIKE DUNLEAVY 550 west Seventh Avenue,Suite 1600 BY' Anchorage,AK 99501 Main:907.269.0350 December 6, 2018 City of Seward Attn: Brenda Ballou &Johanna Kinney, City Clerks VIA Email: bballou@cityofseward.net clerk@cityofseward.net Cc: joanne@borough.kenai.ak.us jblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Club License Number: 53 Licensee: American Legion Club Post#5 Doing Business As: American Legion Post#5 We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice,and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304. 145(d). If a protest is filed,the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 255 q Alcohol and Marijuana Control Office Ok 550 W 7t Avenue,Suite 1600 Anchorage,AK 99501 t plcohol.IlcersipROalaska.gov AMC° https://www.cgmmerce.alaska.gov/web/ar9co l l.11 Phone:907.269.0350 Alaska Alcoholic Beverage Control Board rk.j'No ,V`` Master Checklist: Renewal Liquor License Application Doing Business As: American Legion Post #5 License Number: 53 License Type: Club Examiner: Transaction#: 978039 Document Received Completed Notes AB-17: Renewal Application 11/26/18 014411 App and License Fees 11/26/18 114.4/i7 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25:Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit COI/COC/5 Star FP Cards&Fees/AB-08a Late Fee Names on FP Cards:j' s%.', - ..- s'- •h1. . _ . a- Yes No Selling alcohol in response to written order(package stores)? Mailing address and contact information different than in database(if yes, update database)? In "Good Standing"with CBPL(skip this and next question for sole proprietor)? Ea El Officers and stockholders match CBPL and database(if"No",determine if transfer necessary)? 11 LGB 1 Response: LGB 2 Response: FiWaive [1 Protest ri Lapsed Waive ® Protest ri Lapsed Master Checklist:Renewal](rev 09/ 20/2018) Page 1 of 1 256 Marijuana Control ffice O`` ' MgkCie/ Alcohol and W 7t"Avenue,Suiteo1600 Alilt- Anchorage,AK 99501 alcphol.Iicensin8@alasc1:Eov AMCOhaps://www.commercg.alaska.gov/web/amco Phone:907. 269.0350 Alaska Alcoholic Beverage Control Board nilt, UV-V Form AB-17: 2019/2020 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31,2018. All fields of this form must be complete and correct, or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105. The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol& Marijuana Control Office (AMCO)'s main office,along with all other required documents and fees, before any renewal license application will be considered complete.Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete,or that a license will be renewed. Section 1 - Establishment and Contact Information Enter information for the business seeking to have its license renewed. If any populated information is incorrect,please contact AMCO. Licensee: American Legion Club Post#5 License#: I 53 License Type: Club Legal Ref.: AS 04.11.110 Doing Business As:American Legion Post#5 Premises Address: 400 Fifth Avenue Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council: None Mailing Address: Pc (30)e 3060 City: w A--a-b State: 4.V ZIP: qqG Plif Enter information for the individual who will be designated as the primary point of contact regarding this application.This individual must be a licensee who is required to be listed in and authorized to sign this application. Contact Licensee: MicAael id AeekiContact Phone: 907-AZ-7e)2? a-Contact Email: et Ai en,rc ‘ lith iePr1 peaI- 6-'6,. OG( . a Optional:If you wish for AMCO staff to communicate with individual who is not a licensee named on this form(eg:legal counsel)about this application and other matters pertaining to the license,please provide that person's contact information in the fields below. Name of Contact: Contact Phone: Contact Email: Go Form AB-17](rev 09/17/2018) Page 1 of 4 NOV 262_018 257 s Alaska Alcoholic Beverage Control BoardAMCO Form AB-17: 2019/2020 Renewal License Application Section 2 — Entity or Community Ownership Information This top subsection must be completed by any licensee that is a corporation or LLC.Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business&Professional Licensing(CBPL).This number is neither your EIN/tax ID number,nor your business license number.You may view your entity's status or find your CBPL entity number by vising the following site:https://www.commerce.alaska.Rov/cbp/main/search/entities General partnerships and local governments should skip to the second half ofthis page. Licensees who directly hold a license as an individual or individuals should skip to Section 3. Alaska CBPL Entity#:V?-1 You must ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders(listed below) are also currently and accurately listed with CBPL. This subsection must be completed by any community or entity,including a corporation,limited liability company,partnership,or limited partnership,that is applying for renewal. If more space is needed,please attach additional completed copies of this page. If the applicant is a corporation,the following information must be completed for each stockholder who owns 10%or more of the stock in the corporation,and for each president,vice-president,secretary, and managing officer. If the applicant is a limited liability ojganization,the following information must be completed for each member with an ownership interest of 10%or more,and for each manager. If the applicant is a partnership,including a limited partnership,the following information must be completed for each partner with an interest of10%or more,and for each general partner. Important Note:The information provided in the below fields(including spelling of names,specific titles,and percentages held)must match that which is listed with CBPL.If one individual holds multiple titles mentioned in the bullets above,all titles must be listed for that individual on this application and with CBPL.Failure to list all required titles constitutes an incomplete application. Name of Official: C tee. I-I va Y\ Title(s): Pet L5 T Ci-Cvvf Phone: o7p7c.•-O,X'Owned: i'',74 Mailing Address: pi3o 0 01eov City: cy e,t.UCt,td State: ZIP: CrILo/e Name of Official: jC,1. 12-1" vine Title(s): v+1-P1e45 1 d_ey)-f- Phone: 3'&Z_/54,Z %Owned: AA Mailing Address: p 3os t City:6-e Ott I`L_{ State: Me•-, ZIP: (Mdet/ Name of Official: i 1 + Chile I Ceti kcein Title(s): greeje Xi/44n4' .ct Phone: 010 3(oZr et %Owned: Ai Mailing Address: p i3e City: 6-e teaT'•-Gi State: I Ale_ I ZIP: 19(,14 Form A8-17](rev 09/17/2018) AMU; Page 2 of4 License#53 DBA American Legion Post#5 OV f6 2018 258 Alaska Alcoholic Beverage Control BoardAMCO Form AB-17: 2019/ 2020 Renewal License Application Section 3 - Sole Proprietor Ownership Information This section must be completed by any licensee who directly holds the license as an individual or multiple individuals and is applying for license renewal.If more space is needed,please attach a separate sheet that includes all of the required information. Entities should skip to Section 4.The following information must be completed for each licensee and each affiliate(spouse). This individual is an: applicant affiliate(spouse) Name: Contact Phone: Mailing Address: City: State: ZIP: Email: This individual is an: applicant affiliate(spouse) Name: Contact Phone: Mailing Address: City: State: ZIP: Email: Section 4 - Alcohol Server Education This section must be completed only by the holder of a beverage dispensary,club,or pub license or conditional contractor's permit. The holders of all other license types should skip to Section 5. Read the line below,and then sign your initials in the box to the right of the statement:Initials I certify that all licensees,agents,and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current,valid copies of their / course completion cards on the licensed premises during all working hours,as set forth in AS 04.21.025 and 3 AAC 304.465. Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2017 2018 The license was regularly operated continuously throughout each year. El El The license was regularly operated during a specific season each year. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. if this box is checked, a complete copy of Form AB-30:Proof of Minimum Operation Checklist,and all necessary documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours Eleachyear,during one or both of the calendar years. If this box is checked, a complete copy of Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement, unless a complete copy ofthe form(includingfees)has already been submittedfor that year. AMCO Form AB-17](rev 09/17/2018) NOV2License#53 DBA American Legion Post#5 ifWI1 MY Page 3 of 4 259 a Alaska Alcoholic Beverage Control BoardAMCO o,,,..a,,. Form AB-17: 2019/2020 Renewal License Application Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Yes No Have any notices of violation(NOVs)been issued to this licensee in the calendar years 2017 or 2018? El Has any person or entity named in this application been convicted of a violation of Title 04,of 3 AAC 304,or a local Elordinanceadopted under AS 04.21.010 in the calendar years 2017 or 2018? If"Yes"to either of the previous two questions, attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees(as defined in AS 04.11.260)and affiliates have been listed on this application,and that f in accordance with AS 04.11.450,no one other than the licensee(s)has a direct or indirect financial interest in the licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership( including officers,managers,general partners,orfia ,stakeholders)from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or TriganyotherformprovidedbyAMCOisgroundsforrejectionordenialofthisapplicationorrevocationofanylicenseissued. As an applicant for a liquor license renewal,I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304,and that this application,including all accompanying schedules and statements,is true,correct,and complete. I agree to provide all information equired b.y the Alcoholic Beverage Control Board or AMCO staff in support of this appl' ation d understand th fa'uure o so by ny deadline given to me by AMCO staff will result in this applicat on be' g return r omplete. s.\\11F1lll"ll///// j /// r E Signature o icensee O' . 2! Signature of Notary Public rA4i /i.v,4-e' l GL f 1 oc9 4 2 •NtATAublii:in red for the State of i /d Printed name of licensee i p1JBLik, :•,f, 7''1 2^-", 9r F \`,' My commission expires: u, 7 oF< Subscribed and sworn ru nas,?j day of -Pod e b€" ,20.1c. riYes No i1.71SeasonalLicense? If"Yes",write your six-month operating period: License Fee:1200.00 Application Fee: $ 300.00 TOTAL: 1500.00 Miscellaneous Fees: GRAND TOTAL(if different than TOTAL): Form AB- 17](rev 09/17/2018) 7'i1t<f Page 4 of4 License#53 DBA American Legion Post#5 A4o 260 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/... Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska/Commerce/ Corporations, Business, and Professional Licensing/Search & DatabaseDownload/Corporations/Entity Details ENTITY DETAILS Name(s) Type Name Legal AMERICAN LEGION POST#5, THE AMERICAN LEGION, DEPARTMENT OF Name ALASKA, INCORPORATED Entity Type: Nonprofit Corporation Entity #: 88714D Status: Good Standing AK Formed Date: 9/22/2004 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 7/ 2/2020 Entity Mailing Address: PO BOX 306, SEWARD, AK 99664 Entity Physical Address: 402 5TH AVE, SEWARD, AK 99664 Registered Agent Agent Name: Michael Calhoon Registered Mailing Address: PO BOX 2089, SEWARD, AK 99664 Registered Physical Address: 611 4TH AVE, SEWARD, AK 99664 Officials Show Former AK Entity # Name Titles Owned CLARE SULLIVAN President Daniel Oliver Director Justin Olson Director 1 of 2 12/ 6/2018, 8:33 AM 261 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/... AK Entity# Name Titles Owned Melody Moline Treasurer MICHAEL CALHOON Secretary ROBERT DUNNO Vice President Thomas Sears Director Filed Documents Date Filed Type Filing Certificate 9/22/2004 Creation Filing Click to View 6/23/2006 Biennial Report Click to View 1/31/2009 Biennial Report Click to View 10/25/2010 Biennial Report Click to View 7/03/2012 Agent Change Click to View 7/03/2012 Biennial Report Click to View 10/01/2014 Agent Change Click to View 10/01/2014 Biennial Report Click to View 6/05/2016 Biennial Report Click to View 6/07/2018 Biennial Report Click to View COPYRIGHT©STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY,AND ECONOMIC DEVELOPMENT • EMAIL THE WEBMASTER 2 of2 12/6/2018,8:33 AM 262 V 4&45 P AGENDA STATEMENT Meeting Date: January 14, 2019 From: Brenda Ballou, City Clerk \ tifit14° Agenda Item: Protest of Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to protest the request for a liquor license renewal for the following business: Seasalt Alaskan Bar& Grill Beverage Dispensary License#822 The City of Seward Police Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. However, the City of Seward Fire Department will not grant compliance because: "Many fire and life safety features were not present or in correct working order on the last visit." FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Protest the liquor license renewal for Seasalt Alaskan Bar & Grill, License #822, Beverage Dispensary. 263 CITY OF SEWARD oF sew Main Office (907) 224-4050 Police (907) 224-3338 P.O. BOX 167 SEWARD, ALASKA 99664-0167 Harbor (907) 224-3138 q` KP Fire (907) 224-3445 Fax (907) 224-4038 January 8,2019 Klondike Pizzeria II, LLC Seasalt Alaskan Bar& Grill ATTN: Elliott Jackson or Toni Strauss 1120 E. Huffman 24 PMB 416 Anchorage, AK 99515 Dear Seasalt: On Monday, January 14, 2019, the City Council of the City of Seward will be considering the renewal for the following liquor license: Name of Business: Seasalt Alaskan Bar& Grill Licensee: Klondike Pizzeria II, LLC Type of License: Beverage Dispensary License Number: 822 Please be advised that the Seward Fire Department has objected to the renewal due to many fire and life safety concerns. Therefore, it will be recommended that the City Council protest the renewal of the liquor license and inform the Alcohol & Marijuana Control Office. Please let me know if you have any questions or need further information. Sincerely, Brenda J. Ballou, MMC City Clerk cc: Seward Fire Department 264 AOC Sless 64 q P MEMORANDUM Date: November 28, 2018 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Chief Tom Clemons Police Department Chief Eddie Athey Fire Department From: Jessica Fogle, Acting City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Seasalt, Alaskan Grill & Bar Licensee: Klondike Pizzeria II, LLC Type of License: Beverage Dispensary License Number: 822 Department Status Initials Finance/Leases PIICCMcOL4Pli/a 8/l g Finance/Utilities c , ;a,n4 gc. 1t-28-t8 Police Chief OK 2 -6-43. Fire Chief 1a-c l;A - flee j h I) Deadline for Protest: January 27, 2019 265 OF Ty gw 'l7y s, THE STA'T'E Department of Commerce, Community, oft L 1S]`1 1 and Economic Development ALCOHOL&MARIJUANA CONTROL OFFICE 550 West 7th Avenue,Suite 1600GOVERNORTILLWALKER Anchorage,AK 99501 LwS' Main:907.269.0350 November 28,2018 City of Seward Attn: Brenda Ballou &Johanna Kinney, City Clerks VIA Email: bballou@citvofseward.net clerk@citvofseward.net Cc: ioanne@borough.kenai.ak.us iblankenship@borough.kenai.ak.us tshassetz@kpb.us Re: Notice of 2019/2020 Liquor License Renewal Application License Type: Beverage Dispensary License Number: 822 Licensee: Klondike Pizzeria II, LLC Doing Business As: Seasalt,Alaskan Grill& Bar We have received a completed renewal application for the above listed license(see attached application documents)within your jurisdiction.This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice,and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body,as required by 3 AAC 304.145(d). If a protest is filed,the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Erika McConnell, Director amco.localgovernmentonly@alaska.gov 266 U N'tk Alcohol and Marijuana Control Office 550 W 7th Avenue,Suite 1600 ti Ij Anchorage,AK 99501 alcohoi.licensina@alaska.gov AMCO httos;Jwww,lornmerce.alaska.govwebjamco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board r•rl / Rt)I•U1` Master Checklist: Renewal Liquor License Application Doing Business As: Seasalt, Alaskan Grill & Bar License Number: License Type: Beverage Dispensary Examiner: pi Transaction#: 973671 ..-- Document Received Completed Notes AB-17:Renewal Application 11/19/18 i 11,1' 19f , App and License Fees 11/19/ 18 if/pi/v:2 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25:Supplier Cert (W5) AB-29:Waiver of Operation AB-30: Minimum Operation AB-33:Restaurant Affidavit COI/COC/5 Star FP Cards&Fees/AB-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order(package stores)? C .. Mailing address and contact information different than in database(if yes, update database)? E In "Good Standing" with CBPL(skip this and next question for sole proprietor)? 121 E Officers and stockholders match CBPL and database(if"No",determine if transfer necessary)? E LGB 1 Response: LGB 2 Response: EWaive E Protest l l Lapsed Waive E Protest Lapsed Master Checklist:Renewal)(rev 09/20/2018) Page 1 of 1 267 4fqj. Alcohol and Marijuana Control Office p e. 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 Y ale.ohol.lit; en,,ljoalaska,gp. AMCOhttos://www.commercc.alaska.povJweb/ amco Phone:907. 269.0350 Alaska Alcoholic Beverage Control Board r•o1.'ri'2o1,U0\ Form AB-17: 2019/2020 Renewal License Application What is this form? This renewal license application form is required for all individuals or entities seeking to apply for renewal of an existing liquor license that will expire on December 31, 2018. All fields of this form must be complete and correct,or the application will be returned to you in the manner in which it was received, per AS 04.11.270 and 3 AAC 304.105.The Community Council field only should be verified/completed by licensees whose establishments are located within the Municipality of Anchorage or outside of city limits within the Matanuska-Susitna Borough. This form must be completed correctly and submitted to the Alcohol&Marijuana Control Office(AMCO)'s main office,along with all other required documents and fees,before any renewal license application will be considered complete.Receipt and/ or processing of renewal payments by AMCO staff neither indicates nor guarantees that an application will be considered complete,or that a license will be renewed. Section 1 - Establishment and Contact Information Enter information for the business seeking to have its license renewed.If any populated information is incorrect,please contact AMCO. Licensee: Seasalt,Alaskan Bar&Grill i<to na;ice P;Zaer,4 w License U: 822 License Type: Beverage Dispensary Gt.G Legal Ref.: AS 04.11.090 Doing Business As:h iste&s-Pe-lee S ea,50.1 Jr/ Ila F4 Gr; 4-bar Premises Address: 133 4th Avenue,Seward,AK 99664 Local Governing Body: City of Seward (Kenai Peninsula Borough) Community Council: None Mailing Address: l l 20 g 2 4 pm d LI l(, City: State: ZIP:A« ax 995K Enter information for the individual who will be designated as the primary point of contact regarding this application.This individual must be a licensee who is required to be listed in and authorized to sign this application. Contact Licensee: Contact Phone:qt.) 27 ivs 1 err O ZSR( Contact Email: C1 t yal,y). Co Optional:If you wish for AMCO staff to communicate with individual who is not a licensee named on this form(eg:legal counsel)about this application and other matters pertaining to the license,please provide that person's contact information in the fields below. Name of Contact: 1 Contact Phone:cf O 7 27( 33g 5W. 51 er<..a.rtio,T Contact Email: Serf oL, e ecickw ;r .• Of/ Form AB-17I(rev 09/17/2018) Page 1 of 4 268 Alaska Alcoholic Beverage Control BoardA'VICO 4 Form AB-17: 2019/ 2020 Renewal License Application Section 2 - Entity or Community Ownership Information This top subsection must be completed by any licensee that is a corporation or LLC.Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations, Business&Professional Licensing(CBPL).This number is neither your EIN/tax ID number,nor your business license number.You may view your entity's status or find your CBPL entity number by vising the following site:https:/jwww.commerce.aiaska.gov/ cbp/main/se<archfentites General partnerships and local governments should skip to the second half of this page. Licensees who directly hold a license as an individual or individuals should skip to Section 3. Alaska CBPL Entity#: _ O0 313717 You must ensure that you are able to certify the following statement before signing your initials in the box to the right: Initials I certify that this entity is in good standing with CBPL and that all current entity officials and stakeholders(listed below) are also currently and accurately listed with CBPL. This subsection must be completed by any community or entity,including a corporation,limited liability company,partnership,or limited partnership,that is applying for renewal.If more space is needed,please attach additional completed copies of this page. If the applicant is a corporation,the following information must be completed for each stockholder who owns 10%or more of the stock in the corporation,and for each president,vice-president,secretary,and managing officer. If the applicant is a limited liability organization,the following information must be completed for each member with an ownership interest of 10%or more,and for each manager. If the applicant is a partnership,including a limited partnership,the following information must be completed for each partner with an interest of 10%or more,and for each general partner. Important Note:The information provided in the below fields(including spelling of names,specific titles,and percentages held)must match that which is listed with CBPL. If one individual holds multiple titles mentioned in the bullets above,all titles must be listed for that individual on this application and with CBPL.Failure to list all required titles constitutes an incomplete application. Name of Official: 7-P A Lt.c. k ^; t ,y 10011q5%n01 ) '5$ Title(s): f Phone: 90 7 2 50 2,5NI %Owned: )off Mailing Address: 2,0 kNAG, . 211 919(, 1-110 11City: Na.`aC State: 7IAt_ ZIP:9SI5 Name of Official: I C .t&,.lts t11;4,44- Title(s): I\i ryTitle(s): Phone:Owned:Mc..,ber 2-PA L. G . 05? 94 7 a50 25 YI iMailingAddress: 1'20 g r Pme) 4'A City: hc,,Qraf{ State:AY— ZIP: iy-,5)5 Name of Official: i 1.1 L.• 5 raL Title(s): Merw er 2.PA LL O Phone:O 907 575 8351 %Owned: Mailing Address: 11 2 0 gPMGM1 2 M 9M( L-116 City: Avq.A.b State: ZIP: rInK1krf 515 Form AB-17](rev 09/17/2018)Page2of4 License#822 DBA Christo's Palace 269 Alaska Alcoholic Beverage Control BoardAMCO Form AB-17: 2019/2020 Renewal License Application Section 3 - Sole Proprietor Ownership Information This section must be completed by any licensee who directly holds the license as an individual or multiple individuals and is applying for license renewal.If more space is needed,please attach a separate sheet that includes all of the required information. Entities should skip to Section 4.The following information must be completed for each licensee and each affiliate(spouse). This individual is an: El applicant D affiliate(spouse) Name: Contact Phone: Mailing Address: City: State: ZIP: Email: This individual is an: El applicant affiliate(spouse) Name: Contact Phone: Mailing Address: City: State: ZIP: Email: Section 4 -Alcohol Server Education This section must be completed only by the holder of a beverage dispensary,club or pub license or conditional contractor's permit, The holders of all other license types should skip to Section 5. Read the line below,and then sign your initials in the box to the right of the statement:Initials I certify that all licensees,agents,and employees who sell or serve alcoholic beverages or check identification of a patron have completed an alcohol server education course approved by the ABC Board and keep current,valid copies of their course completion cards on the licensed premises during all working hours,as set forth in AS 04. 21.025 and 3 AAC 304.465. Section 5 - License Operation Check a single box for each calendar year that best describes how this liquor license was operated: 2017 2018 The license was regularly operated continuously throughout each year. E The license was regularly operated during a specific season each year. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. 1 iIfthisboxischecked,a complete copy of Form AB-30:Proof ofMinimum Operation Checklist,and all necessary j documentation must be provided with this application. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both of the calendar years. If this box is checked,a complete copy ofForm AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated for at least the minimum requirement,unless a complete copy of the form(including fees)has already been submittedfor that year. Form AB-17)(rev 09/17/2018) Page 3 of4 License#822 DBA Christo's Palace 270 Alaska Alcoholic Beverage Control BoardAMC() Form AB-17: 2019/2020 Renewal License Application Section 6 - Violations and Convictions Applicant violations and convictions in calendar years 2017 and 2018: Yes No Have any notices of violation(NOVs)been issued to this licensee in the calendar years 2017 or 2018? 1 .,<,, Has any person or entity named in this application been convicted of a violation of Title 04,of 3 AAC 304,or a local D -'ordinance adopted under AS 04.21.010 in the calendar years 2017 or 2018? If"Yes"to either of the previous two questions,attach a separate page to this application listing all NOVs and/or convictions. Section 7 - Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that all current licensees(as defined in AS 04.11.260)and affiliates have been listed on this application,and that in accordance with AS 04.11.450,no one other than the licensee(s)has a direct or indirect financial interest in the 3,licensed business. I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name or the ownership(including officers,managers,general partners,or 3 stakeholders) from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. : S As an applicant for a liquor license renewal,I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements,is true,correct,and complete.I agree to provide all information required by the Alcoholic Beverage Co >;Spi flvarffor AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCCI,a 01Isvt(rt/his application being returned to me as incomplete. Signature of licensee a *: Signature of Notary' Public uics o, otaryY Re and for the State of M,&t7..11PrintednameoflicenseexpL! '' c. .` rF OF `p\\`,'My commission expires: `O l i t/1 X 10iaiiti Subscribed and sworn to before me thisv4 day of Nil' GM4/trC 20 1S . Yes No Seasonal License? ® n If"Yes",write your six-month operating period: License Fee:2500.00 Application Fee: $ 300.00 TOTAL: 2800.00 Miscellaneous Fees: GRAND TOTAL(if different than TOTAL): Form AB-17](rev 09/17/2018) Page 4 of 4 License 4822 DBA Christo's Palace 271 Division of Corporations, Business and Professional Licensing Page 1 of 2 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska/Commerce/Corporations, Business,and Professional Licensing/ Searchearch& Database Download/Corporations/Entity Details ENTITY DETAILS Name(s) Type Name Legal Name Klondike Pizzeria II LLC Entity Type: Limited Liability Company Entity#: 10038727 Status: Good Standing AK Formed Date: 5/24/2016 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2020 Entity Mailing Address: 1120 E HUFFMAN 24 PMB 416, ANCHORAGE, AK 99515 Entity Physical Address: 133 4TH AVENUE, SEWARD, AK 99664 Registered Agent Agent Name: Toni Strauss Registered Mailing Address: 1120 E HUFFMAN 24 PMB 416, ANCHORAGE, AK 99515 Registered Physical Address: 308 ASH STREET, SEWARD, AK 99664 Officials Show Former(None on file) AK Entity # Name Titles Owned Charles E Jackson Manager Toni Strauss Manager 10011858 ZPA LLC Member, Organizer 00 https://www.commerce.alaska.gov/Cbp/main/Search/EntityDetai1/10038727 11/28/2018272 Office of the Borough Clerk 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Johni Blankenship, MMC Borough Clerk 11/30/2018 Ms. Brenda Ballou City of Seward Seward City Hall 410 Adams St. nLj VSeward, AK 99664 a . RE: Non-Objection of Application uei e e/' r-0-9Licensee/Applicant MANOLAKAKIS, INC. 4\1 p/Q Business Name Seasalt, Alaskan Grill & Bares" License Type Beverage Dispensary License Location 133 4th Ave, City of Seward License No. 822 Application Type License Renewal Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: chattermark@yahoo.com; clerk@cityofseward.net; JRodgers@kpb.us 273 CITY PROJECTS & GOALS January 14, 2019 City Council meeting 1. ADA ACCESSIBLE PARKING AT CITY HALL Council directed the city clerk to provide a history of why the location for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City Clerk history and status provided February 27, 2018. First floor restrooms currently under renovation to provide one large ADA-accessible family restroom, in addition to one men’s and one women’s restroom. The first-floor restrooms in City Hall were completed May 14, 2018. Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street parking must be reserved for Police Department access; Public Works is currently researching the feasibility of a modification to the SE corner of the back lot, as well as modifications to second floor restrooms. Clerk’s office received ADA analysis kit from Division of Elections (DOE); clerk worked with Public Works Director Doug Schoessler and Assistant City Manager Brennan Hickok to perform the analysis on September 12, 2018. The city clerk has furnished the DOE with results and is awaiting a response. Clerk received email from Acting Director at DOE apologizing for the delay in the analysis; the new Director would start January 2, 2019, and response should come soon thereafter. 2. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING Administration is currently reviewing a concept public-private proposal to house the Quint (ladder truck) on the city-side of the bay. The Interim City Manager and Assistant City Manager met with the city’s State lobbyist, Kent Dawson on October 15, 2018. Dawson is confident that the state will have a capital budget this coming session. The opportunity to push for this project as a State Legislative Priority will be coming to council on December 10, 2018. 3. DISCUSSION ON AIR FORCE RECREATION CAMP SITE Council held a joint work session with the Planning & Zoning Commission on February 28, 2018. Directed administration to have Community Development bring forward multiple land use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work session to discuss development concepts. Following April 9, 2018 work session, administration has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots generally as presented at the work session, and the creation of a subdivision and utility development plan. Ordinance 2018-009 introduced on October 8, 2018 amending the zoning and land use plan from Institutional to Auto Commercial; will come for public hearing and enactment on October 22, 2018. Administration will be putting out a Request for Proposal for on-call engineering services which will provide engineering, surveying and platting services for various City projects including the Air Force Recreation land. 4. SALTWATER HEAT PUMP PROJECT The state capital budget approved $725,000 for this project; currently awaiting Governor Walker’s signature. Administration is working with the design engineer to update costs and ROI models in order to identify any potential funding shortfall and prepare strategies for additional funding sources, if necessary. City Administration has received an estimated project cost of $965,000. The $240,000 difference will need to be funded by the City. This obligation includes in-kind and cash contributions as well as already spent funds on the testing well. We are currently waiting for grant documents from the Alaska Energy Authority. State lobbyist Kent Dawson expressed that the likely new Governor will be interested in Economic Development 274 projects. The potential for expanding on this loop using state grant dollars exists. The City has received the Alaska Energy Authority grant documentation and is awaiting approval from City Council to authorize the City Manager to accept the grant money and grant terms. Approval was on the November 26, 2018 regular Council meeting agenda; the grant documents have been signed and sent back to the AEA. Staff has provided YourCleanEnergy with grant documents and is awaiting a design and engineering proposal. 5. ENERGY EFFICIENCY OF CITY HALL See #4 – Saltwater Heat Pump Project YourCleanEnergy and the building department have also identified the need for insulation in the basement of the City Hall Annex in support of the Heat Pump Project. The City will seek quotes for that portion of the project. 6. GROUND TRANSPORTATION FOR AMBULANCE SERVICES Directed administration to provide an update on ground transportation for ambulance services. 7. ANIMAL SHELTER IMPROVEMENTS (Council passed Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed $6,851.00, And Appropriating Funds.) March 19, 2018 work session; directed administration to look into potential locations and funding options. Resolution 2018-049 approved at the May 29, 2018 meeting, authorizing the creation of the Animal Shelter Relocation Fund and approving start-up funds. Update: Resolution 2018-080 being considered on September 24, 2018 for council approval will relocate the Animal Shelter to Fort Raymond. Resolution 2018-080 was approved on September 24, 2018, providing land for the new shelter location. City staff is now conducting meetings with local organizations to discuss design, build, fund raising and funding efforts. 8. UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) Directed administration to provide an update on the status of modifying the tsunami warning announcement to include specific radio information, and also request the borough add a sticker to their brochures which identifies the Seward radio station. Resolution 2018-019 designated KIBH-FM 91.7 as the city’s official radio station for emergencies, and authorized the City Manager to work with borough to include radio station information in tsunami warning broadcasts. 9. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD Zoning changes and Replat of the Air Force Rec Camp property will provide ample space and opportunity for such business. 10. AFFORDABLE HOUSING (INCLUDING SUMMER WORKER HOUSING) Council will hold a work session in May, 2018. (Previous council work sessions were held on May 22, 2017, June 12, 2017, and July 11, 2017). Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on- call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 11. SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION 275 Directed administration to provide an update on the Seward Community Health Care Center expansion. March 12, 2018 council meeting authorized to pay up to $1,500 in travel expenses for Jean Bardarson to travel with city representatives to Washington, DC in April, 2018 (April 14-18, 2018 trip to Washington, DC). A grant in the amount of $285,000 was awarded to the CHC for expanding access to quality substance use disorder and mental health services. The CHC is using these funds to subcontract with Seaview Community Services to provide mental health services in support of the local schools. 12. BUILDING MAINTENANCE Public Works has been conducting their annual boiler inspections. General maintenance and repair is complete. Staff has identified the need to upgrade the heating controls for City Hall, City Hall Annex, and Community Center. Estimated cost for these upgrades is $200,000. Ongoing. Public Works has repaired the Senior Center elevator, a water pipe leak in the Library and Museum, and the Library and Museum emergency light system. 13. LED LIGHT CONVERSIONS Public Works replaced 15 fluorescent fixtures with LEDs in the City Hall Annex. A City shop office was upgraded to LED lights. 14. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS Staff and organizing groups have indicated that a dog washing station will be included in the design and build of the new Animal Shelter. 15. PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES 16. CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC, ENGAGING OUTSIDE AGENCIES, AND PUBLIC INFORMATION DISSEMINATION On March 6 and 7, 2019 the City will be participating in a table top exercise with the Army Corps of Engineers and the Alaska Silver Jackets to simulate the failure of the Lowell Canyon Dam. This exercise will provide the City with a template for conducting a City-wide exercise in the future. 17. EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. OTHER COUNCIL-DIRECTED PRIORITIES 1. LOWELL POINT ROAD STORM DAMAGE REPAIR The Request for Proposals for the engineering will be out as soon as the City receives the work sheets back from the Department of Homeland Security. As soon as the design is complete, the contractor will then put out a bid packet and select a contractor. Construction is estimated to begin in the spring of 2019. 276 2. INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD Report delivered to City Council and the public on October 22, 2018. COUNCIL COMMITTEES 1. February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third-party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, Assistant City Manager Brennan Hickok reported that the DCRA declined the city’s request for an audit because it was beyond the scope of their duties/capabilities. Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. Request for Proposal has been sent to committee members. Group should meet to discuss. November 26, 2018 Council Member Towsley replaced Casagranda on the committee. COMPLETED PROJECTS 1. RESEARCH ELECTED/APPOINTED OFFICIAL TELECONFERENCING POSSIBILITIES FOR MEETINGS Directed the city attorney to provide advice on teleconferencing possibilities for elected and appointed officials. City Attorney opinion provided February 14, 2018. 277 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for January 14, 2019 City Council meeting Report through January 4, 2019 PENDING REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES July 5, 2018 Wolfgang Kurtz Financial transactions between city and Peninsula Communications Yes (7/5 & 9/25) No Pending Dec 10, 2018 Suzi Towsley All emails from March 29, 2018 thru Sept. 17, 2018 from or to K. Erchinger regarding the Council direction to add Electric Dept. field engineer & Admin. Assistant positions to the IBEW, and any emails that mention this process from or to the city manager, ACM, HR, Electric Dept. Manager, finance director, field engineer (Electric) & Admin. Assistant (Electric) Yes (12/10/18) Yes Pending Dec 28, 2018 Sheila Ruth Berticevich Police Report No No Pending To SPD (12/28/18) Jan 4, 2019 Michael Lunardi Police Report No No Pending To SPD (01/04/19) Jan 4, 2019 Tracy Squires Police Report No No Pending To SPD (01/04/19) Jan 4, 2019 Cornell Kirby Police Report No No Pending To SPD (01/04/19) 278 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for January 14, 2019 City Council meeting Report through January 4, 2019 COMPLETED REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES Aug 3, 2018 Kyle Walker (1) Email form HR that Jim Hunt was appointed ACM; (2) Notice of ACM position reopened; (3) Announcement that ACM position was filled; (4) July/August emails between HR and city manager re: ACM position Yes Yes (8/13 & 8/28) 12/12/18 # 1-3 fulfilled on 08/03/18 #4 fulfilled 12/12/18 Sept 7, 2018 Suzi Towsley All purchase, sale & fleet inventory service records for Vehicle Unit 226 and Unit 306 Yes (9/7 & 9/18 & 9/26) No 12/07/18 Oct 23, 2018 Jim McCracken All subdivision agreements since 2000 Yes (10/23) No 12/07/18 Dec 3, 2018 Tammy Anderson Police Report No No 12/17/18 Dec 4, 2018 Barbara Belluomini Copies of ground leases associated with Darling Family Trust Yes (12/4/18) No 12/10/18 Dec 5, 2018 Leandra Lewis Police Report No No 12/17/18 Dec 10, 2018 Suzi Towsley Copies of Responses to Kyle Walker’s August 3 Public Records Request Yes (12/10/18) Yes 12/12/18 Dec 10, 2018 Anthony Baclaan Invoices & Documentation Pertaining To Any And All Certifications, Education, And Training Paid For By The City Of Seward; (2) Copy Of FOIA Requested By Kyle Walker On Aug 3, 2018; (3) Date & Time ACM Job Posting (4) Date & Time ACM Hickok Was Appointed ACM Yes (12/10/18) No 12/12/18 Dec 11, 2018 Kristin Rouse Police Report No No 12/17/18 Dec 17, 2018 Rebecca Edlin Police Report No No 12/18/18 Dec 17, 2018 Joshua Smith Police Report No No 12/19/18 Dec 27, 2018 Callie Jeffreys Police Report No No 01/02/19 Dec 27, 2018 Cody Applegate Police Report No No 01/02/19 279 1 12/31/2018 9:17 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31 January 2019 Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 February 2019January 2019 Dec 30 31 Jan 1, 19 2 3 4 5 7:00pm P&Z Mtg - Cancelled (Council Chambers) 12:00pm PACAB Mtg 6:00pm HPC Work Session (Council Chambers) 5:30pm CC WS Mtg (Council Chambers) 6 7 8 9 10 11 12 7:00pm P&Z Mtg (Coucil Chambers) 12:00pm CC Standing WS (Council Chambers) 13 14 15 16 17 18 19 7:00pm CC Mtg (Chambers) 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 6:30pm HPC Mtg (Chambers) 20 21 22 23 24 25 26 6:00pm P&Z / PACAB WS (Library) 12:00pm CC WS Mtg (Council Chambers) 27 28 29 30 31 Feb 1 2 7:00pm CC Mtg (Chambers) SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY HOLIDAY 280 2 12/31/2018 9:17 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 February 2019 Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031 March 2019February 2019 Jan 27 28 29 30 31 Feb 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 10 11 12 13 14 15 16 7:00pm CC Mtg (Chambers) 17 18 19 20 21 22 23 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 24 25 26 27 28 Mar 1 2 7:00pm CC Mtg (Chambers) SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY HOLIDAY 281 3 12/31/2018 9:17 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031 March 2019 Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 April 2019March 2019 Feb 24 25 26 27 28 Mar 1 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 10 11 12 13 14 15 16 7:00pm CC Mtg (Chambers) 17 18 19 20 21 22 23 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 24 25 26 27 28 29 30 City Holiday - Seward's Day 7:00pm CC Mtg (Chambers) 31 Apr 1 2 3 4 5 6 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 282