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HomeMy WebLinkAbout03262019 City Council PacketCity Council Chambers Beginning at 7:00 p.m. Tuesday, March 26, 2019 City of Seward, Alaska Council Agenda March 26, 2019 Page 1 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} Tuesday, March 26, 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 Norm Regis Acting 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 t he Regular Agenda] 6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS A.Proclamations and Awards – None B.Chamber of Commerce Report C.City Manager Report ………………………………….. Pg. 4 D.Other Reports and Presentations 1.Seward Senior Center by Dana Paperman 2.Port & Commerce Advisory Board (PACAB) Report by Council Member Towsley 3.Election Stakeholders Group Meeting Update from Vice Mayor McClure 1 City of Seward, Alaska Council Agenda March 26, 2019 Page 2 7. PUBLIC HEARINGS A.Ordinances for Public Hearing and Enactment 1.Ordinance 2019-007, Amending Portions Of Seward City Code §15.10.226 Land Uses Allowed Table, To Allow Animal Shelter In The Institutional Zoning District By Conditional Use Permit. ………………………………………………….... Pg. 19 B.Resolutions Requiring Public Hearing 1.Resolution 2019-028, Authorizing The City Manager To Enter Into A New Lease With Raibow Fiberglass And Boat Repair LLC For Lot 5 Block 7 Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 Raibow Replat #2 Seward Recording District, Third Judicial District, State Of Alaska. ……………………………………………………………….. Pg. 28 8. UNFINISHED BUSINESS A.Items Postponed from Previous Agenda 1. Discussion and direction to city administration regarding housing development within the original Seward townsite, including selling city lots within the R1 zoning district. (Lane) 9. NEW BUSINESS A.Ordinances for Introduction 1.Ordinance 2019-008, Amending And Revising Seward City Code, Title 2, 2.05.030, Exemptions For Particular Records. …………………………………………… Pg. 98 B.Resolutions *1. Resolution 2019-030, Renaming Citizens Field Located On City-Owned Property Lot 6A-2 Fort Raymond Subdivision Replat Number 3 To The Ryan M. Lewis Memorial Field. …………………………………………………………………………… Pg. 103 *2. Resolution 2019-031, Amending The Agreement Covering Terms And Conditions Of Employment Between The City Of Seward, Alaska And Local No. 1547 International Brotherhood Of Electrical Workers AFL-CIO, Anchorage, Alaska To Provide For The Inclusion Of The Position Of Field Engineer Into The Bargaining Unit. … Pg. 127 *3. Resolution 2019-032, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. ………………….. Pg. 133 2 City of Seward, Alaska Council Agenda March 26, 2019 Page 3 C.Other New Business Items *1. Certifying the election results from the March 19, 2019 Special Municipal Election. 135 *2. Approval of the March 11, 2019 City Council Regular Meeting Minutes. ……. Pg. 139 *3. Approval of March 9, 2019 City Council Special Meeting Minutes. …………. Pg. 150 *4. Non-objection to the renewal of Beverage Dispensary – Tourism liquor license for Gene’s Place. …………………………………………………………………. Pg. 153 *5. Appointing Sue Ward to the Historic Preservation Commission with a term to expire May, 2020. ……………………………………………………………………. Pg. 163 6. Discuss city's legal representation, including directing city manager to create a Request for Proposals for legal services. (Lane) 7. Discuss Port & Commerce Advisory Board (PACAB) letter regarding Seward airport. (Towsley) 8. Consider cancelling the April 19, 2019 work session to minimize disruption for the auditors. (Clerk) 9. Schedule a work session with Providence for a Providence Seward Administrative Update, to include the new administrator, capital needs, Mountain Haven census, PSMC liability issue and options to address the liability, and 1% sales tax funds. 10. Vote on citizen delegates to attend 53rd Turtle Ship Festival in Yeosu, South Korea. 11. Discuss air travel, hotel, and purchasing rewards programs. (Lane) 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A.On-going City Project and Goal List ……………………………………………… Pg. 166 B.January, 2019 Providence & Ci ty Financials …………………………………… Pg. 171 C.City Attorney Report …………………………………………………………….….. Pg. 192 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A.Go into executive session to complete the city attorney evaluation. 15. ADJOURNMENT 3 CITY OF SEWARD Jeff Bridges, Interim City Manager P.O. Box 167 Telephone (907) 224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER’S REPORT March 11, 2019 – March 26, 2019 The following purchase orders in the amount of $5,000.00 or more have been approved by the City Manager since the last council meeting: DATE DEPT TO WHO WHAT FOR AMOUNT 3/11/19 Public Works SMIC Wastewater Kachemak Electric SMIC Blower House ATS switch repair $9,527.52 3/11/19 Alaska Textiles Inc. Electric Fire retardant safety clothing $10,000.00 ADMINISTRATION Friday March 1, 2019 3:40 p.m. Discussion of Library / Museum MOU with SCLA (Kingsland, Fried) Monday March 4, 2019 6:00 p.m. Seward / Bear Creek Flood Board Meeting Tuesday March 5, 2019 9:00 a.m. Meeting with Public Works Director Schoessler 6:00 p.m. Joint work session, P&Z and Seward Bear Creek Flood Board 7:00 p.m. Planning and Zoning Meeting Wednesday March 6, 2019 12:00 p.m. PACAB & City Council Joint work session 1:00 p.m. PACAB Regular Meeting 3:00 p.m. Meeting with PRO-COM (Dispatch Consoles) (Clemons) Thursday March 7, 2019 Seward / Army Corp Table Top Exercise. 8:00 a.m. Seward Business Network 3:30 p.m. Meeting on Library / Museum MOU with SCLA Friday March 8, 2019 12:00 p.m. City Council Work Session 5:00 p.m. SCHC 5 Year Anniversary @ AVTEC Saturday March 9, 2019 9:00 a.m. City Council Work Session on City Manager Candidates Monday 11, 2019 2:00 p.m. Meeting with AVTEC (Hickok) 7:00 p.m. City Council Meeting 4 Tuesday March 12, 2019 10:30 a.m. Meeting with Brad Snowden Wednesday March 13, 2019 10:00 a.m. City Manager’s Meeting @ KPEDD in Kenai (Hickok) Thursday, March 14, 2019 9:00 a.m. Staff Meeting 11:00 a.m. Seward Stakeholder’s Meeting 2:00 p.m. Meeting with Community Development (Hickok, Wilde) 4:00 p.m. Meeting with Council Member Towsley Friday March 15, 2019 11:30 a.m. Meeting with Coast Guard Matt Bell (Squires, Regis, Hickok) Other: I would like to thank the City Council, City Staff, and the Seward Community for the opportunity to serve as the Interim City Manager. I wish you all the best of luck and success for the future. HARBOR • A final inspection with Hamilton Construction and R&M for the Breakwater project was done on 3-8- 2019 and we just have a few more things to correct. • The 330 ton will require a two-day shut down when we pave the next section, from the lift pit to the wash-down pad. • The new fisherman float is in place, electrical and water are complete and we have our first vessel (The Endeavor) mooring there. • The harbor has 4 sites that will supply year-round water, the end of F-float, the beginning of Z-float, the T-dock and on the upland trestle of F-float for local citizens. (We have installed signs for traveling vessels) • A construction meeting with PND and Hamilton Construction was conducted on 3-19-2019 and the concrete planks are continuing to be formed and made at Anchorage Sand and Gravel. The contractor has started hauling and stock piling the rock and gravel for the South Harbor Launch Ramp. The South Harbor Launch Ramp will remain closed for the construction phase; the completion date is May 2019. • The Harbormaster traveled to Juneau for a hearing with Representative Stutes on what will be needed for Seward infrastructure within the port to support Alaska shipping. • The Harbormaster met with Rear Admiral Bell to talk about the port and the new FRC’s needs and met with more Coast Guard on Monday the 18 to look at possible sites for the FRC’s and upland footprints. 5 PUBLIC WORKS Director: We had a great 2-day Tabletop Exercise with the Army Corp. of Engineers and other agencies for the Lowell Canyon Diversion Dam gathering information to make an emergency action plan in case of a blockage during a storm event. We had about 35 attendees and about 25 came from out of town. It was also a nice boost to local lodging and restaurants. The event was sponsored by the Army Corp. of Engineer’s “Silverjackets” group for this year’s Alaska Tabletop planning event. Streets: We are working on drainage in all areas in the City. Water issues are expected at this time of year and our efforts will continue for the next few months as snow melts and we get a few late snows. The days are getting longer quickly, and the extra thermal heat is helping to melt more ice and snow. Water, Wastewater Utilities: Water crews have been working on our communications systems from the water tanks to the water plant. More serviceable and reliable options are being considered to improve the system and reduce the false error code alerts. Shop: Loaders are all now running well, and we are waiting on brake parts for the sander truck. Soon we’ll be removing snow tires as temperatures continue to rise. Buildings: Regular maintenance continues and planning for the heat pump system for the Library, City Hall, the Fire Hall and the Annex are moving forward in the engineering stages. We had site visits to all buildings with the engineers to get all measurements and access issues checked. Wet, slushy roads with water on road and in ditches. 6 PARKS AND RECREATION Teen Rec Room • Hosted Seahawks Basketball team dinner • Dinners: burgers, calzones • Increased attendance: 14, 19, 10, etc. • Thanks to adult volunteers who pitched in this week! Seahawks basketball team enjoyed pizza at TRR 7 Sports & Recreation • Rec League volleyball winner’s potluck. Players brought delicious food and healthy options. The tourney will conclude Mon, March 18. • Intermediate League volleyball tournament. The Alehouse defeated team Jelly Smack. • UYBL games resumed Saturday, March 16 • Rock Wall: volunteers re-routing the courses and confirming safety. • Thanks to the Leadership Council volunteers for helping with roller skating • Hoops League took Spring Break week off. Play resumes Tue, March 19. • Racquetball player increases • Upcoming: Diaper Derby; TelAlaska Spring Classic Volleyball Tourney; Pink Cheeks Triathlon; Exit Glacier Races; Super Saturday Clean-up event has picked up two “partner” events; Youth Challenger Soccer Camps. Teen Youth Center • Record Spring Break Camp record: 35 • Summer camp registration is quickly filling. We expect to be full all 12 weeks. • We have applied for a grant from Seward Prevention Coalition for summer camp enrichment trips. • Our ASP numbers are growing; 15-20 kids a day. 8 After a busy day at TYC Rec Camp Administration • Booking ARC Emergency Shelter operation training • Encourage Mermaid Festival to reach out to City Hall if they want to use parking lot • Signed agreement with Seward Sports Association re: summer adult softball • Accepting applicants for the summer, youth litter patrol. Kids must be ages 14 to 17. Campground & Park Maintenance • Campground attendance March 1 to present | 37 • Caravan reservations June through August | 29 • Pavilion reservations April through July | 25 • The revised 2019 Campground Map has been sent to the publishing company • Maintenance of equipment for the upcoming summer • Vehicle inspections • Continued snow/Ice removal The City of Seward is now accepting payment for cemetery plot reservations. Individuals pay $500 per cremains or burial site in the new cemetery section. See forms online at www.cityofseward.us/cemetery. Paid Parking Department is closed for the winter. We will continue to collect and invoice unpaid parking tickets. 9 COMMUNITY LIBRARY AND MUSEUM Upcoming Closures Thurs, April 4, Training/Work Day Clarified Workplace Recycling Program Details SCLM Workplace Recycling and Disposal Program Staff are implementing a workplace recycling program for waste that results from our work. Details for the guidelines (see poster or contact us for a copy) for staff were clarified with the Kenai Solid Waste Office for proper sorting and disposal practices. This includes facts such as caps and labels are okay with #1 and #2 plastics, labels are okay on glass, lids are not ok on glass, and no form of aluminum foil is accepted. This is not a public program and the Director personally takes sorted material to the transfer station for recycling to make this program possible. Look for opportunities for patrons and visitors to participate in the future. Contact Director Kingsland at 907-224-4082 or vkingsland@cityofseward.net for more information or if you’re interested in helping with this important program, such as sorting, delivery to the transfer station, or donations for our sustainability efforts. Visit the Kenai Peninsula Borough Solid Waste Department website for more information about recycling and for their latest Recycling program handout. https://www.kpb.us/swd-waste/about-solidwaste 10 UPCOMING PROGRAMS Book Bunch - National Noodle Month! Wed, March 27, 1-2pm, Community Room This unique program for homeschooled children is planned for the elementary age level, but students of all ages and their families are invited to bring their current reads. Enjoy sharing about what we’re reading, book recommendations, silly jokes and fun activities based on a theme. National Noodle Month was selected for the March theme! We will also practice on laptops how to search the OPAC (Online Public Access Catalog) for the books you’re looking for. Children at the next meeting will select the April theme, which will also include a special visit to the Museum to close out the season! New! Social Security Disability 101 Tues, April 2, 2019, Noon-1:45 pm Meeting Room Note that this is DIFFERENT from the usual Social Security 101. This OWL videoconference will focus in on disability, specifically: • Information about disability benefits and the disability application process. • How to use your - my Social Security online account and other online services. • What is Supplemental Security Income (SSI) Benefits and how do you qualify? • What do you need to report when you receive SSI? • What other Social Security programs are available, and who qualifies? Join this FREE OWL workshop from Social Security. Visit www.socialsecurity.gov/myaccount to create a “My Social Security” account and print out your Social Security Statement before attending the workshop. Social Security 101: Everything You Wanted to Know About Social Security Tues, April 9, Noon-1:30pm Meeting Room By popular demand, a FREE OWL videoconference workshop from Social Security to answer questions like: When are you eligible to receive retirement benefits? How does early retirement affect your benefits? Do you qualify for disability, survivors, and spouse benefits? How do you get the most from your benefit? What is the future of Social Security? When should you file for Medicare? Learn how to use my Social Security online account and other online services. Visit www.socialsecurity.gov/myaccount to create an account to print out a Social Security Statement before the workshop. Can’t make it? This program repeats for the last time of the season on May 14th. Story Time Fridays, 11am-Noon Children’s Room All children under the age of 5 years and their caregivers are invited to join in the fun every Friday! Each Story Time is accompanied by story books, action songs, finger plays and crafts to enhance the children’s experience with the theme and literacy. We will open the doors 5 minutes early to give everyone time to settle in. • March 22: Boxes! with special activity • March 29: Oodles of Noodles (National Noodle Month) • April 5: Poetry is Fun! (National Poetry Month) • April 12: Silly Stories (National Humor Month) 11 • April 19: Our Amazing Planet! (Earth Day, April 22) • April 26: Superheroes (National Superhero Day, April 28) April 26th will be our last Story Time until next fall to give us time to prepare for another amazing community wide Summer Reading Program: Universe of Stories! Play Time will continue through the summer. Play Time Saturdays, Noon-4pm Children’s Room Each week features a new theme and selection from our Children’s Library collection. We’re going through the alphabet and have already had fun with Earth, Food, Gift and Home, Inch and Jump themes! Don’t miss out on the fun with books, activities, and toys selected each week to enhance creative play and development. Stop by each Saturday to experience our newest theme for this unique unstructured play program created with working parents in mind. Adult supervision required. • March 23: K is for Kite • March 30: L is for Leaf • April 6: M is for Mouse • April 13: N is for Night • April 20: O is for Orange • April 27: P is for Pet Can’t make it to Story Time or Play Time? Stop by whenever we’re open to enjoy our growing collection of children’s books, puzzles, developmental toys and activities in the Children’s Room to enhance your child’s learning, play, reading and social experience. ONE DAY, TWO SPECIAL PROGRAMS on Sat, April 13 Special KMTA Children’s Book Release TBA Sat, April 13, 1-3:00 pm Community Room A new children’s picture book published March 1, 2019 is the latest in the lineup of Kenai Mountains– Turnagain Arm (KMTA) National Heritage Area publications to be presented in Seward first. Co-sponsored by Ember Press and the KMTA. Light refreshments will be served. Stay tuned for more details. Author Reading: Mar Ka and Monica Devine Sat, April 13, 4-5:30 pm Community Room Genre-Bending Memoirs: A Conversation Between Poetry and Prose. Poet Mar Ka and Essayist Monica Devine read from and discuss their new works, inviting the audience to engage in a contemplation of memoir and form. Mar Ka is the author of Be-hooved and Monica Devine is author of Water Mask, both published by the University of Alaska Press and both residents of Alaska. Light refreshments will be served. 12 ANOTHER SPECIAL WEEKEND WITH TWO SPECIAL PROGRAMS on Sat, April 20! 13 April Community Book Club with Special Author Visit Sat, April 20, 11am-12:30pm Meeting Room Ten copies of Pieces of Me: Rescuing My Kidnapped Daughters by Lizbeth Meredith, are now available for check out at the library front desk. Ms. Meredith will be joining us in person for our April 20th meeting followed by a community wide program at 1pm. You’re welcome to read the selection even if you won’t be attending the gathering and all are welcome whether you finished the book or not. Don’t forget to bring a light dish to share! We will open the doors 5 minutes early to give everyone time to settle in. You may read more about this selection on Echo at https://www.echoak.com/2018/09/lizbeth-meredith-pieces-of-me/. Author Visit: Lizbeth Meredith Pieces of Me: Rescuing My Kidnapped Daughters Sat, April 20, 1-2:00 pm Community Room Join the conversation about intimate partner violence and breaking free of intergenerational patterns when Lizbeth shares from her award-winning memoir, Pieces of Me: Rescuing My Kidnapped Daughters. Ms. Meredith's memoir has won five book awards, she blogs at www.lameredith.com, is a contributor to A Girls’ Guide To Travelling Alone by Gemma Thompson, and the author of When Push Comes to Shove: How to Help When Someone You Love Is Being Abused. Other work has appeared in Sunlight Press, Her Stories Project, and Feminine Collective. A former domestic violence advocate and child abuse investigator; Lizbeth has worked with at-risk teens for two decades as a juvenile probation supervisor. Don’t miss this unique opportunity to learn about and discuss this sensitive issue. Light refreshments will be served. See you at the Library & Museum! Valarie 14 ELECTRIC Number of new Job Orders started since Jan. 1, 2019: (5) The Electric Department asks your patience while we are temporarily short-staffed without an administrative assistant and some of the routine tasks, information and services we provide are delayed while we look for a replacement. However, the Electric Executive Assistant position has been posted, internally (1/31), externally (2/11) and will hopefully be filled soon. The Railbelt utilities and ATC filed the Certificate of Public Convenience and Necessity (CPCN) with the RCA on Friday, February 22nd for the formation of the Alaska Railbelt Transmission (ART) company. The filing was a big hurdle in the process, but we are not to the finish line yet. Now it is up to the Regulatory Commission of Alaska (RCA) to review the application and either approve it, ask for additional changes or deny it. The utilities are simultaneously working on the formation of the Railbelt Reliability Council (RRC) with other interested stakeholders in the form of an implementation committee to resolve the differences. The two organizations will work collectively to repair/replace and study/standardize the existing transmission system to reduce congestion and allow open access for additional generation and power pooling. Chugach Electric is currently replacing transmission infrastructure between Hope and Cooper Landing along the Seward Highway. This work was scheduled and is required repair and replacement for this section of transmission line. These kinds of construction are already included in the costs for purchasing and transmitting power. The concept of a section of the grid being cut off from other parts of the grid is called islanding and it means that Seward is separated from generation in Anchorage. Since Chugach is required to supply us power by contract, they are supplying us with their shares of Bradley Lake Hydro during the islanded time. Homer Electric also has transmission work needed to be done and we three utilities worked together to ensure that Seward would not have to operate our backup generation during this time. This was accomplished by staggering the work each of the utilities did instead of simultaneously. The Chugach project is expected to last until the end of March and Homer’s project will be done for the two weeks following that. The City shouldn’t see any disturbances during this time. All of the City’s backup generators are operational in the event of an emergency transmission outage but, thanks to the coordination between the utilities, we don’t expect to run them other than our regularly schedules times. The electric utility manager attended the Northwest Public Power Association (NWPPA) board meetings March 6th through the 8th. The following is a summary of these meetings:  Highlights: o Scott Corwin will start as the new Executive Director for NWPPA on May 1 replacing Anita Decker. However, he will be attending some NWPPA events in April as well – the E&O and NWPPA’s Legislative Rally. Thank you, Anita! Welcome SCOTT! o A feature that is now available to all NWPPA members is Learning on Demand (LoD) or the ability to take learning sessions about electric utility topics online from the NWPPA website. This feature will continue to add content as it matures so continue to regularly check the website for new video trainings. The electric department is in the process of setting up individual login settings for council members to access the website at their convenience. o Andrew Wills from APPA provided an in-depth overview of the impact of the FCC’s proposed new regulations and interpretation on pole attachments. Under the new regulations the FCC is claiming jurisdiction over pole attachments on municipal facilities/rights of ways. APPA has filed a legal challenge to this overreach of FCC authorities, specified in section 224, which is contrary to other sections of FCC regulation. At odds are the safety, reliability, cost and review of telecom request to attach to facilities verse the FCC implementing set fees and passive approval for telecoms to attach without electric utility review based on length of time for a permit to be issued. 15 NWPPA is leading several regional associations and large utilities in an amicus letter to the 9th District Circuit Court in support of APPA’s legal challenge. (Alaska Power Association, MECA, OPUDA, OMEA, ICUA, WREA, WPUDA, SMUD, Snohomish PUD and EWEB). A resolution opposing this regulation will be presented to the council at an upcoming council meeting. o NWPPA Annual Conference and Membership Meeting – May 19 -22, Sacramento, CA – Registration is open!  Upcoming Events: o Engineering & Operations Conference & Tradeshow – April 9-11, Spokane, WA o NWPPA Annual Conference and Membership Meeting – May 19 -22, Sacramento, CA – Registration is open!  Government Affairs: o NWPPA’s DC representative provided an overview of the political climate in DC. There is not a high expectation of any power related legislation to move in this congress, but you never know – it’s an interesting time. o NWPPA co-hosted, with the California Municipal Utilities Association, the Western Wine Reception during the APPA Legislative Rally at the end of February. The reception was well supported and attended by congressional staff members.  Financial Health: o The Association finished the year in strong financial health with over a $300,000 surplus ahead of budget. New members since September are Salmon River Electric in Idaho and Garkane Electric in UT. Membership proposals are out to Nome, AK and the City of McCleary, WA. o Due to the surplus in 2018, the association is either reducing or keeping the same registration costs for 2019. o Some of the surplus funds from 2019 are being used to further invest in Learning on Demand content. The Board approved that Learning on Demand will be a member benefit and no longer a separate subscription. Members who had already subscribed for 2019 are being issued a refund and a communications campaign to inform all members of LoD as a member benefit is underway. Access is available now.  Workforce Development: o Another member benefit is the implementation of a Materials Surplus site where member utilities can post excess materials that may be useful to other members. This is a utility-to-utility site and not available for third-party vendor use. We are already seeing postings on this site. An example of how it can be used is if a utility is reconductoring to a high voltage, they may have materials that are no longer needed in the warehouse. These materials can be advertised much like Craigslist. Any transactions are between the utilities. NWPPA is only hosting the site and is not engaged in the transactions in any manner.  Communications: o The 2019 More Powerful Together (MPT) updates for quarter one are available for use. NWPPA/Ruralite Services received a Communicators award from APPA for its MPT program. We have submitted the MPT program to NRECA and are awaiting word on if we will be recognized as well.  Good of the Order: o Continue to populate the mutual aid templates with contacts and resources. Currently have Washington Rural Electric Association, Alaska Power Association, Oregon Rural Electric Association, Montana Electric Cooperatives Association, and Oregon Municipal Electric Utilities. Going after Oregon and Washington PUD Associations and Idaho Consumers next. Anyone can come in at any time. o NWPPA’s Legislative Rally is April 29 – May 2. 16 The feasibility study portion of the Lowell Creek Canyon Hydro project is near complete, with only a follow-up work session/town hall meeting scheduled for March 20th and the final written report from Your Clean Energy (YCE) remaining. It was decided to have a follow-up work session/town hall meeting because of the large amount of interest in the project/initial presentation to City Council and PACAB and the limited amount of time for questions and answers from the council, board and the public at large. The final written report will be scheduled to be delivered after the follow-up meeting, hopefully by the end of March, in case any questions cannot be answered during the follow-up meeting and/or in case any additional information from the follow-up meeting needs to be included in the final report. Moving forward, today, March 15th, we filed electronically by email for the Lowell Creek Canyon water rights for up to 75 CFS with the Alaska Department of Natural Resources (DNR). Electronic filing holds our place/filing priority while the check for the application fee and the paper application make their way to Juneau by snail mail. Your Clean Energy (Andy Baker) has also begun initial discussion with the Federal Energy Regulatory Commission (FERC) regarding permit requirements/applicability and whether or not there are possibilities for either waivers or accelerated licensing. Additional agency coordination with Alaska DNR, Alaska Fish and Game and the Army Corps of Engineers will also be addressed by Your Clean Energy/Andy Baker as the need, schedule and project progresses. And per YCE's presentation, the suggested upcoming plan of action is as follows:  Prepare DNR Water Rights applications, coordinate with agencies, supervise flow data collection and prepare pre-design report.  Prepare and submit preliminary applications with Federal Energy Regulatory Commission (FERC), request waiver if possible  Schedule scoping and coordination meeting(s) with state and federal agencies that may be involved in the hydro permitting process, including Army Corps of Engineers.  Once preliminary DNR water rights permit application is made, begin stream flow and underground flow monitoring program to collect data – pursue state and federal grants. FINANCE The finance department, with assistance from staff from the Harbor, Electric and Public Works, we are busy preparing for the City’s financial audit for 2018. The crews completed necessary inventory counts and the harbor staff have done an excellent job of preparing workpapers for the audit of the Harbor and SMIC. A final reconciliation has been completed on all City grants and confirmation letters have been sent to the auditors. The auditors will arrive April 1st to begin working on the audit of the Seward Community Health Center and the HRSA grant, and will meet in a work session with the City Council. This year the City has a new principal auditor as our principal on the last two audits retired from BDO last year. The Auditors will conduct City fieldwork from April 8 through April 19. The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Seward for its comprehensive annual financial report for the fiscal year ended December 31, 2017. This was the 24th consecutive year that the government has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe our upcoming comprehensive annual financial report will continue to meet the Certificate of Achievement Program’s requirements and we will be submitting it to GFOA to determine its eligibility for another certificate. 17 The finance department has previously distributed budget worksheets to department heads to afford additional time for them to begin preparing for the upcoming 2020/2021 Biennial Budget period. Finance has been working to modify payroll software to account for changes associated with the new Seward Public Employees Association union. PERSONNEL City of Seward Personnel Transactions from 3/2/2019-3/15/2019 Prepared by Riley Shurtleff, City of Seward Personnel Officer Separations: Department: Date of Separation Maintenance Mechanic Operator Public Works 3/7/2019 New Hires: Department: Date of Hire Available Full Time Positions: Department: Position Status City Manager Administration Advertising via City Website and GovHR since 1/29/2019 Police Dispatcher Police Advertising Since 9/18/2018 Patrol Officer Recruit Police Advertising Since 10/11/2018 Corrections Officer Police Advertising Since 11/29/2018 Program Coordinator Library Museum Advertising Since 1/28/2019 Sports and Recreation Coordinator SPRD Advertising Since 2/8/2019 Recreation Assistant SPRD Advertising Since 2/11/2019 Executive Assistant Electric Advertising Since 2/11/2019 Teen Rec Room Coordinator SPRD Advertising Since 2/14/2019 Maintenance Mechanic Operator Public Works Advertising Since 3/11/2019 Available Seasonal Positions: Department: Position Status Campground Attendants I & II SPRD Advertising Since 1/18/2019 Parks Maintenance Worker I, II, II SPRD Advertising Since 1/18/2019 Gardener SPRD Advertising Since 1/18/2019 Library Museum Seasonal Aide Library Museum Advertising Since 2/1/2019 Parking Operations Supervisor Parking Advertising Since 1/18/2019 Parking Operations Technician Parking Advertising Since 1/18/2019 Parking Attendant Parking Advertising Since 1/18/2019 Teen Youth Center Summer Camp Counselor SPRD Advertising Since 1/18/2019 Program Aide (TYC, Teen Rec Room, Sports & Rec at the AVTEC Gym) SPRD Advertising Since 1/18/2019 Program Aide Trainee SPRD Advertising Since 1/18/2019 ALPAR Crew Leader SPRD Advertising Since 1/18/2019 ALPAR Teen Litter Patrol Crew SPRD Advertising Since 1/18/2019 18 Sponsored by: Planning & Zoning Commission Introduction Date: March 11, 2019 Public Hearing Date: March 26, 2019 Enactment Date: March 26, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE §15.10.226 LAND USES ALLOWED TABLE, TO ALLOW ANIMAL SHELTER IN THE INSTITUTIONAL ZONING DISTRICT BY CONDITIONAL USE PERMIT WHEREAS, City Council passed Resolution 2018-049 on May 29, 2018, directing City administration to bring forward recommendations for a site on which to relocate the animal shelter; and WHEREAS, the Seward Planning and Zoning Commission passed Resolution 2018-015 on September 4, 2018 recommending that the Alice Pickett Memorial Animal Shelter be relocated to Lot 6A-2 Fort Raymond Subdivision Replat Number Three, located at 605 Sea Lion Drive, in the Institutional Zoning District; and WHEREAS, Lot 6A-2 is owned by the City of Seward and currently supports a number of public uses, including a baseball field, the electric utility warehouse and substation, and two municipal water wells; and WHEREAS, Animal Shelters are currently an allowed use in the Industrial and Resource Management Zoning Districts per Table 15.10.226 Land Uses Allowed; and WHEREAS, the Alice Pickett Memorial Animal Shelter is a public facility operated for the well-being of the animal companions of the citizens of Seward and is operated by the City of Seward; and WHEREAS, the Institutional Zoning District is designed to allow public and private educational, administrative, government and health care uses, including public land r eserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Planning and Zoning Commission on October 16, 2018, and WHEREAS, at their October 16, 2018 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Land Uses Allowed Table amendments included in this ordinance. 19 CITY OF SEWARD, ALASKA ORDINANCE 2019-007 ________________________ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 15.10.226 Land Uses Allowed Table is hereby amended to read as follows: (Deletions are Bold Strikethroughs; Additions are Bold Underline.) SCC Table 15.10.225. - Land Uses Allowed Table (Deletions are Bold Strikethroughs; Additions are Bold Underline) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Animal Shelter O C C Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 26th day of March, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: 20 21 22 23 Ordinance 2019-007 24 25 Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2018-016 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA,RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE §15.10.226 LAND USES ALLOWED TABLE, TO ALLOW ANIMAL SHELTER IN THE INSTITUTIONAL ZONING DISTRICT BY CONDITIONAL USE PERMIT WHEREAS, the Seward Planning and Zoning Commission passed Resolution 2018-015 on September 4, 2018 recommending that the Alice Pickett Memorial Animal Shelter be relocated to Lot 6A-2 Fort Raymond Subdivision Replat Number Three; and WHEREAS,Lot 6A-2 Fort Raymond Subdivision Replat Number Three consisting of approximately 10.7 acres, is located at 605 Sea Lion Drive, in the Institutional Zoning District; and WHEREAS, Lot 6A-2 is owned by the City of Seward and currently supports a number of public uses including a baseball field, the electric utility warehouse and substation,and two municipal water wells; and WHEREAS,Animal Shelters are currently an allowed use in the Industrial and Resource Management Zoning Districts per Table 15. 10.226 Land Uses Allowed; and WHEREAS,the Alice Pickett Memorial Animal Shelter is a public facility operated for the well-being of the animal companions of the citizens of Seward and is operated by the City of Seward; and WHEREAS, The Institutional Zoning District is designed to allow public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area. 26 Seward Planning and Zoning Commission Resolution 2018-016 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2018- attached and incorporated herein by reference, be forwarded to City Council for approval, amending portions of Seward City Code §15.10.226 Land Uses Allowed Table; to allow Animal Shelter within the Institutional Zoning District by conditional use permit Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 16th day of October, 2018. THE CITY OF SEWARD IP0 Cindy"cklund, Chair AYES: Seese, Fleming, Charbonneau, Ecklund NOES: ABSENT: Ambrosiani, Hatfield, Swann ABSTAIN: VACANT: ATTEST: I1vivuBrnaBalou, City Clerk pF SFit'y City S;nl.•.GORPORq•.-Pc •. SEAL ) . ;: 27 Sponsored by: Regis Public Hearing: March 26, 2019 Approval Date: March 26, 2019 CITY OF SEWARD, ALASKA RESOLUTION 2019-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH RAIBOW FIBERGLASS AND BOAT REPAIR LLC FOR LOT 5 BLOCK 7 FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 2015-14 RAIBOW REPLAT #2 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of real property described as Lot 5 Block 7 Fourth of July Creek Subdivision; and WHEREAS, Raibow is currently conducting business adjacent to the proposed leased premises on Lot 4D Block 7 with a 20-year lease which expires in June 2035; and WHEREAS, the City and Raibow Fiberglass and Boat Repair LLC (Raibow) have previously executed a lease contract at the Seward Marine Industrial Center (SMIC); and WHEREAS, Raibow needs to lease additional land at the SMIC; and WHEREAS, Raibow Fiberglass and Boat Repair LLC submitted a proposal to lease Lot 5 Block 7 Fourth of July Subdivision for a boat repair yard; and WHEREAS, Raibow has submitted an application with the State of Alaska for their Storm Water Prevention Pollution Plan as required; and WHEREAS, the City Manager has negotiated a lease agreement to lease additional land to Raibow under the provisions of Seward City Code 7.05.410; and WHEREAS, the Council approve in Resolution 2019-004 recommending that the Kenai Peninsula Borough approve the replat of City owned land of Lot 5 Block 7 Fourth of July Creek Subdivision, which is currently in the process of being re-platted; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 28 CITY OF SEWARD, ALASKA RESOLUTION 2019-028 ___________________________ Section 1. The Council has determined that the essential terms and conditions and the method disposition of the proposed lease agreement with Raibow Fiberglass and Boat Repair LLC for the real property described as Lot 5, Block 7, Fourth of July Subdivision, located in the City of Seward, is in the public’s best interest. Section 2. The City Manager is authorized to execute the new lease agreement with Raibow Fiberglass and Boat Repair LLC in substantially the form as presented at this meeting. Section 3. This resolution shall take effect thirty (30) days after its adoption and posting. Upon the effectiveness of this resolution the lease will be effective April 10, 2019. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 29 30 31 Resolution 2019-028 PH LEASE AGREEMENT between CITY OF SEWARD, ALASKA and Raibow Fiberglass and Boat Repair LLC Effective Date: 32 TABLE OF CONTENTS ARTICLE 1 - LEASED LAND .................................................................................................... 3 1.1 Description of Leased Land .................................................................................... 3 1.2 Covenant of Quiet Enjoyment; Warranty of Title ................................................... 3 1.3 Reserved .................................................................................................................. 3 1.4 Property Accepted ................................................................................................... 4 1.5 Permits .................................................................................................................... 4 1.6 Platting .................................................................................................................... 4 1.7 Development of Leased Land 4 ARTICLE 2 - LEASE TERM ...................................................................................................... 5 2.1 Lease Term .............................................................................................................. 5 ARTICLE 3 - RENTAL RATE ................................................................................................... 5 3.1 Initial Rental Rate ................................................................................................... 5 3.2 Rental Adjustments.................................................................................................. 5 3.3 Procedure for Rental Adjustment............................................................................ 6 3.4 Effect of Late Appraisal by CITY ............................................................................ 6 3.5 Appraisal by LESSEE ............................................................................................. 6 3.6 Effective Date of Adjusted Rental Rate ................................................................... 7 3.7 Interim Rental Adjustments ..................................................................................... 7 3.8 Late Payment Charge ............................................................................................. 8 ARTICLE 4 - USE OF LEASED LAND .................................................................................... 8 4.1 Use of Leased Land ................................................................................................. 8 4.2 Obligations of LESSEE ........................................................................................... 8 4.3 No Preferential Rights to Use Public Facilities ..................................................... 8 4.4 Adequacy of Public Facilities ................................................................................. 8 4.5 Tariffs and Other Service Fees ............................................................................... 9 4.6 Time for Payment of Utilities and Taxes................................................................. 9 4.7 Other Uses .............................................................................................................. 9 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS .......................................................... 9 5.1 Utilities .................................................................................................................... 9 5.2 Third-Party Improvements .................................................................................... 10 5.3 Easements ............................................................................................................. 10 ARTICLE 6 - CONSTRUCTION BY LESSEE ....................................................................... 11 6.1 Improvements on Leased Land ............................................................................. 11 6.2 City Review of Construction ................................................................................. 12 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS .................................... 12 7.1 Return of Leased Land in Original Condition ...................................................... 12 ARTICLE 8 - FORCE MAJEURE ........................................................................................... 12 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT ..................................................................... 12 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE .......................................... 141413 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ........................ 15 11.1 Real Property Improvements ................................................................................ 15 11.2 Personal Property ................................................................................................. 15 33 ARTICLE 12 - ASSIGNMENT OR SUBLEASE ............................................................ 151615 12.1 Assignment of Lease or Subleasing............................................................... 161615 12.2 Assignment of Lease for Security .......................................................................... 16 12.3 Assignment to Affiliate .......................................................................................... 16 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY ............................................ 16 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 17 ARTICLE 15 - INSURANCE .................................................................................................... 17 15.1 Minimum Insurance Requirements ....................................................................... 17 15.2 Subrogation Rights Waived................................................................................... 18 ARTICLE 16 - CONDEMNATION .......................................................................................... 18 ARTICLE 17 - ARBITRATION ............................................................................................... 19 17.1 Arbitration............................................................................................................. 19 ARTICLE 18 - MAINTENANCE AND REPAIRS ................................................................. 20 18.1 Normal Maintenance ............................................................................................ 20 18.2 Safety Issues ...................................................................................................... 2021 18.3 Cost of Repairs ...................................................................................................... 21 ARTICLE 19 - ENVIRONMENTAL CONCERNS ................................................................ 21 19.1 Hazardous Materials ............................................................................................ 21 19.2 Permits and Reporting .......................................................................................... 24 ARTICLE 20 - ESTOPPEL CERTIFICATES ........................................................................ 24 ARTICLE 21 - CONDITIONS AND COVENANTS .............................................................. 24 ARTICLE 22 - NO WAIVER OF BREACH ....................................................................... 2425 ARTICLE 23 - TIME OF THE ESSENCE .............................................................................. 25 ARTICLE 24 - COMPUTATION OF TIME ........................................................................... 25 ARTICLE 25 - SUCCESSORS IN INTEREST ....................................................................... 25 ARTICLE 26 - ENTIRE AGREEMENT ................................................................................. 25 ARTICLE 27 - GOVERNING LAW ........................................................................................ 25 ARTICLE 28 - PARTIAL INVALIDITY................................................................................. 25 ARTICLE 29 - RELATIONSHIP OF PARTIES ................................................................ 2526 ARTICLE 30 - INTERPRETATION ....................................................................................... 26 ARTICLE 31 - CAPTIONS ....................................................................................................... 26 ARTICLE 32 - AMENDMENT ................................................................................................. 26 ARTICLE 33 - NOTICES .......................................................................................................... 26 ARTICLE 34 - FIRE PROTECTION................................................................................... 2627 Exhibit A - Personal Guarantee Exhibit B - Environmental Compliance Plan Exhibit C - Leased Parcel 34 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and Raibow Fiberglass and Boat Repair, LLC (the "LESSEE"), an Alaska corporation whose mailing address is P.O. Box 2891, Seward, Alaska 99664. WHEREAS, LESSEE has indicated its desire to lease the property known as Lot 5, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 Raibow Replat #2 recorded in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 106,370 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 - LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 5, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 2015-14 Raibow Replat #2 recorded in the Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 106,370 square feet, more or less. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Reserved. 35 1.4 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. 1.7 Development of Leased Land. LESSEE shall continue operate a vessel storage and maintenance facility through the term of the lease. LESSEE understands that construction and operations of its marine-related business is a major consideration for the CITY’s agreement to the lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. 36 a) CITY may withhold its consent as to any proposed business or activity which, in CITY’s sole discretion, is not desirable or compatible with the CITY’s operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY’s sole discretion, is undesirable and/or incompatible with the CITY’s Seward Marine Industrial Center. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2019-_____ (the "Resolution"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on June 30, 2039. LESSEE shall have the right to extend the term of this LEASE for two additional five (5) year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. d) The City Council of CITY, at the time each option is exercised, approves the extension by resolution or ordinance. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2020, the annual rental rate for the Leased Land shall be set at $16,216.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2020, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and 37 best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser 's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE 's election to 38 obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY p rovided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2019 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 39 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for boat storage/repair work and industrial vessel repair shop. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE may operate a boat repair and boat storage business on the Leased Land. e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 40 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE 's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right -of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. 41 LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities , and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY prope rty or 42 other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. a) LESSEE shall maintain the drainage easement noted in the Raibow Replat 2015- 14 #2 and install an oil water separator at the South portion of the drainage easement to protect the adjacent land and wetlands. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic 's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). 43 f) CITY may, as contemplated by Alaska Statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY 's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT 44 Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement , or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, of the State of Alaska and the City of Seward, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 45 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to dis train under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE 's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. 46 f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 47 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY 48 LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain ONE MILLION DOLLARS ($1,000,000) of Ship Repairers Liability Insurance including “hot work” coverage and pollution liability coverage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be 49 utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days ' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers, or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. 50 If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. seq.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than FIFTY THOUSAND DOLLARS ($50,000) (exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than FIFTY THOUSAND DOLLARS ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute, or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than FIFTY THOUSAND DOLLARS ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. 51 c) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non-abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in 52 writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this 53 LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: 54 i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial was te, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material , and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation 55 and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days ' prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or 56 conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. 57 ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles, paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Raibow Fiberglass and Boat Repair, LLC PO Box 2891 Seward, Alaska 99664 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION 58 LESSEE shall, at its sole cost, risk, and expense, provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward 's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five (5) years. 59 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD RAIBOW FIBERGLASS AND BOAT REPAIR, LLC Jeff Bridges, Interim City Manager Dave Phillips, President Date: __________________________ Date: ATTEST: _____________________________ Brenda Ballou, MCMC City Clerk 60 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by Jeff Bridges, Interim City Manager of the City of Seward, Alaska, on behalf of the City. _______________________________________ Notary Public in and for Alaska My Commission Expires:___________________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2019, by Dave Phillips who executed the foregoing document on behalf of Raibow Fiberglass and Boat Repair, LLC Notary Public in and for Alaska My Commission Expires: 61 62 63 64 Sponsored by: Planning& Zoning Commission Public Hearing Date: January 28, 2019 Approval Date: January 28, 2019 CITY OF SEWARD,ALASKA RESOLUTION 2019-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, RAIBOW REPLAT #2, CREATING TWO NEW LOTS TO BE KNOWN AS LOTS 4A-2 AND LOT 5, BLOCK 7; LOCATED WITHIN THE INDUSTRIAL ZONING DISTRICT WHEREAS, Joshua W. Varney, on behalf of Raibow Fiberglass and Boat Repair, LLC, has submitted a preliminary replat of City owned Block 7, Fourth of July Creek Subdivision, to be known as Fourth of July Creek Subdivision, Seward Marine Industrial Center(SMIC) Raibow Replat#2; and WHEREAS, this platting action subdivides Lot 4A-1, Block 7, Fourth of July Creek Subdivision, SMIC, Plat 2015-14; creating two (2) parcels to be known as Lot 4A-2 and Lot 5 and; involving approximately 9.6 acres; and WHEREAS, the subject properties of this replat are located within the Industrial Zoning District(I); the minimum lot size and lot width as required by City Code have been met; and WHEREAS, Dave Phillips of Raibow Fiberglass and Boat Repair, LLC has requested a long-term lease of one (1) of the parcels depicted in this replat known as Lot 5, Block 7, containing approximately 2.44 acres; and WHEREAS, City staff have reviewed and commented, and are requiring that a ten (10) foot drainage easement be dedicated on the plat which shall preserve a pre-existing drainage feature on the subject parcel; and WHEREAS, Block 7 is currently serviced by public roads, municipal water, sewer, electric and other utilities, therefore, no subdivision installation agreement shall be required; and WHEREAS, the replat protects and provides easements for existing and planned utilities throughout the replat area; and WHEREAS, it is the Seward Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and 65 CITY OF SEWARD, ALASKA RESOLUTION 2019-004 WHEREAS, all conditions required by Seward City Code §16.01.015, Conditions to plat approval, were met; the property owners and leaseholders within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward Planning & Zoning Commission held a public hearing on December 4, 2018 and approved P&Z Resolution 2015-018, recommending Council and the Kenai Peninsula Borough approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat #2, creating two new lots to be known as Lots 4A-2 and Lot 5, Block 7; and WHEREAS, in accordance with Seward City Code Section 16.01.015 ( B), no preliminary plat of city owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat#2, subject to the following condition: A. Provide a ten (10) foot drainage easement along the existing drainage feature on the subject parcel, as noted on the preliminary plat. Section 2. This resolution shall take effect thirty (30) days upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of January, 2019. THE CITY OF SEWARD, ALASKA Davi quires, Mayor 66 CITY OF SEWARD, ALASKA RESOLUTION 2019-004 AYES: McClure, Towsley, Lane, Seese, Osenga, Horn, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk City Seal) ,,,,,,,,,,„ SEAL GY ;. s OFA 67 Meeting Date: To: Through From: Agenda Item: Agenda Statement January 28, 2019 City Council JeffBridges, Interim City Manage Jackie C. Wilde, Planner U 0 Resolution 2019-004 recommending City Council and Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Raibow Replat #2, creating two new lots to be known as Lots 4A-2 and Lot 5, Block 7; located within the industrial zoning district BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Joshua W. Varney on behalf of Dave Phillips, Raibow Fiberglass & Boat Repair, LLC. In accordance with Seward City Code (SCC) 16.0l.015(B) "No preliminary plat of City-owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." This replat is located within the Seward Marine Industrial Center (SMIC). This platting action subdivides Lot 4A-l, Block 7, Fourth of July Creek Subdivision, SMIC, Plat 2015-14; creating two (2) parcels to be known as Lot 4A-2 and Lot 5; involving approximately 9.6 acres. Lot 5 will also be under a long-term lease to Raibow Fiberglass & Boat Repair, LLC. When the platting action is completed the lease agreements with Raibow Boat Repair will be brought beforethe Council forapproval. SUBDIVISION REVIEW: Zoning: The replat is within the Industrial Zoning District. Current development surrounding this replat includes Jag Industrial & Marine Services, Exit Marine, and the City boat storage yard parcels. Utilities: The replat area is currently serviced by private roads, some municipal water, sewer, electric and other utilities are available; no subdivision installation agreement shall be required. The surveyor has worked diligently with City staff to provide current and planned utility/access easements. Existing Uses: Block 7 currently contains the Jag Industrial & Marine Services lease parcels, the City Vessel Washdown Pad, Polar Seafoods storage parcel, the transfer rails for the vessel syncrolift and driveway and utility easements. The parcel immediately to the north, known as Lot 4D, is also currently under long term lease by Raibow Fiberglass & Boat Repair, LLC. 5468 Flood Zone: The area is within a Flood Zone D, which are areas ofundetermined flood hazards. CONSISTENCY CHECKLIST: Yes Seward 2030 Comprehensive Plan (approved by Council, 2017) 3 .5 Port and Harbor Develor2ment (page 16) 1.Section 3.5.1 Maintain a thriving port of Seward through harbor X improvements, infrastructure expansion, and implementation of management plans. 2.Strategic Plan (1999) Seward City Code: 16.01.015. Conditions to 12latarmroval. 3. b)No preliminary plat ofcity-owned property may be submitted to the X Kenai Peninsula Borough planning commission forapproval without the prior consent ofthe city council. Staff Comments: No All staffand administration concernshave been addressed and all City department heads recommend approval ofthe preliminary replat. ·· FISCAL NOTE: Replat costs were paid by Raibow Boat Repair in preparation oflong term lease agreements. Approved by Finance Department: ATTORNEY REVIEW: Yes No X NIA ----------- RECOMMENDATION: NIA X Approve Resolution 2019- 004, recommending Kenai Peninsula Borough approval of the Fourth of July, Seward Marine Industrial Center, Raibow Replat #2, creating two new lots to be known as Lots 4A-2 and Lot 5, Block 7, subject to the cdnditions listed in this resolution. 5569 5670 5771 NSURVEYOR' S CERTIFICATENOTARY' S ACKNOWLEDGMENT CERTIFICATION OF 72 City of Seward Strategic Plan M Approved by City Council Resolution No 99 043 5973 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 Page16074 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 6175 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 Page36276 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 Page46377 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 Page56478 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 6579 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 6680 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 Page86781 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 6882 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 Page106983 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 Page117084 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 Page127185 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 Page137286 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 Page147387 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 Page157488 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 Page167589 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 7690 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 Page187791 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 7892 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 Page207993 94 95 96 97 Sponsored by: Council Member Towsley Introduction Date: March 26, 2019 Public Hearing Date: April 8, 2019 Enactment Date: April 8, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND REVISING SEWARD CITY CODE, TITLE 2, 2.05.030, EXEMPTIONS FOR PARTICULAR RECORDS WHEREAS, Seward City Code, Title 2, Chapter 2.05 Records, Exemptions was originally adopted in the 1987 with Ordinance No. 599; and WHEREAS, regular review and revision of City code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes; and WHEREAS, Alaska statutes balance the public interest and disclosure on the one hand and the privacy and reputational interests of the affected party together with the government’s interest in confidentiality, on the other; and WHEREAS, in 2003 the Alaska Supreme Court said that access to public records is a “fundamental right” (see Fuller v City of Homer) and that “exemptions” to the disclosure requirements of Alaska’s public records laws are not favored and will be narrowly construed (see Municipality of Anchorage v Anchorage Daily News, 794 p. 2d 584 1990); and WHEREAS, changes to Title 2.05 Records will bring the City of Seward Code into alignment with most interpretations of State Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies. which does not allow for payroll database exemptions; and WHEREAS, updating Seward City Code Title 2, Administration, 2.05.030, “Exemptions for particular records” promotes openness and transparency in government by allowing public access to payroll database information through the public records request process; and WHEREAS, complying with state law, and practicing openness and access to payroll and salary database information for public officials helps to establish and foster trust between citizens and the City of Seward. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code 2.05.030 Exemptions for particular records as follows: (Deletions are Bold Strikethroughs; Additions are Bold/Underline/Italics.) 98 CITY OF SEWARD, ALASKA ORDINANCE 2019-008 ________________________ 2.05.030 - Exemptions for particular records. (a) This chapter shall not be construed to require disclosure of the following records or information which, by law, are required to be confidential: (1) Records of vital statistics and adoption proceedings; (2) Records pertaining to juveniles unless disclosure is authorized by law; (3) Health, mental health, medical, juvenile and personality problem information obtained or prepared by the city with respect to any person for whom treatment or services were provided; Medical and related public health records; (4) Records required to be kept confidential by a federal law or regulation or by state law; (5) Records required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted thereunder in order to secure or retain federal assistance. *** D. This chapter shall not be construed to require disclosure of the following personnel records or information: 1. City personnel records, including employment applications and examination materials, payroll and medical records which reveal the financial or medical status of any specific individual and, in addition, those records the disclosure of which would constitute an unwarranted invasion of privacy. This subsection does not protect from disclosure the following personnel information: a. Employment applications and examination materials of city officials appointed by the city council; b. The names and position titles of all city employees; c. The position held by a city employee; d. Prior positions held by a city employee; e. Whether a city employee is in a collective bargaining unit; f. The dates of appointment and separation of a city employee; and g. The compensation authorized for a city employee. A city employee has the right to examine the employee's own personnel files and may authorize others to examine those files. 2. Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining. *** Section 2. This ordinance shall take effect ten (10) days following its enactment. 99 CITY OF SEWARD, ALASKA ORDINANCE 2019-008 ________________________ ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 8th day of April, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ Brenda J. Ballou, MMC City Clerk (City Seal) 100 COUNCIL AGENDA STATEMENT Meeting Date: April 8, 2019 To: Seward City Council From: Council Member Suzi Towsley Agenda Item: Ordinance 2018-008, Amending And Revising Seward City Code, Title 2, 2.05.030, Exemptions For Particular Records, BACKGROUND & JUSTIFICATION: Regular review and revision of Seward City Code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes. Seward City Code, Title 2, Chapter 2.05 Records was originally adopted decades ago and has been updated periodically, including minor revisions in 1988 and 1991. In 2003, the Alaska Supreme Court said that access to public records is a “fundamental right” (Fuller v. City of Homer) and that “exemptions” to the disclosure requirements of Alaska’s public records laws are not favored and will be narrowly construed (Municipality of Anchorage v. Anchorage Daily News, 794 p. 2d 584 1990). Changes to Title 2.05 Records will bring the Seward City Code into alignment with Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies which does not allow for payroll database exemptions. These proposed updates to Seward City Code Title 2, Administration, 2.05.030, “Exemptions for particular records” promote openness and transparency in government by allowing public access to payroll database information through the public records request process. Council bringing Seward City Code into alignment with state law, while practicing openness by allowing access to payroll/salary database information for public officials, helps to establish and foster better trust between citizens and the City of Seward. INTENT: The intent of this Ordinance is to align Seward City Code with current interpretations of Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. 101 507486\1006\00798783 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here) : X 3. Other (list): Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. X FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City. Approved by Finance Department: _______________________________________ (3/11/19) ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-008 102 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RENAMING CITIZENS FIELD LOCATED ON CITY-OWNED PROPERTY LOT 6A-2 FORT RAYMOND SUBDIVISION REPLAT NUMBER 3 TO THE RYAN M. LEWIS MEMORIAL FIELD WHEREAS, Ryan was the son of Jim and Jean Lewis, and was born and raised in Seward, Alaska. He attended all three schools designating him to be a twelve year senior; and WHEREAS, Ryan was active in sports, and he always enjoyed watching sporting events with friends and family; and WHEREAS, Ryan particularly loved a good game of softball, and you could find him every summer playing on various teams; and WHEREAS, Ryan M. Lewis was beloved in Seward by everyone – from the parents who were friends of his parents, to his sports-minded friends, to his childhood friends, and his co- workers and bosses from various jobs held in Seward over the years; and WHEREAS, a citizen petition was submitted to the city which contained over 200 signatures from community members requesting this act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby approves the renaming of “Citizens Field” to "Ryan M. Lewis Memorial Field". Section 2. An appropriate sign shall be created memorializing Ryan’s life and shall be affixed during a ceremony to be held on April 28, 2019. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 103 104 Resolution 2019-030 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SEWARD, ALASKA AND LOCAL NO. 1547 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFL-CIO ANCHORAGE, ALASKA TO PROVIDE FOR THE INCLUSION OF THE POSITION OF FIELD ENGINEER INTO THE BARGAINING UNIT WHEREAS, on March 27, 2018, the Seward City Council voted in favor of the petition for recognition to include the Field Engineer position in the International Brotherhood of Electrical Workers (IBEW); and WHEREAS, administration and the city attorney have negotiated with the IBEW business representative on the terms and conditions specific to the Field Engineer position; and WHEREAS, all parties have agreed to the attached amended agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to amend the Agreement Covering the Terms and Conditions of Employment between the City of Seward and the International Brotherhood of Electrical Workers (IBEW) Local No. 1547 for the inclusion of the position of Field Engineer into the bargaining unit. Section 2. This contract is effective March 31, 2019 and will expire June 30, 2019. Section 3. Funding in the amount of $1,619 for the increased hourly rate is within the Electric Department’s 2019 budget. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 127 Meeting Date: To: Through: Agenda Item: Agenda Statement March 26, 2019 City Council Jeff Bridges, Interim City Manage Inclusion of Electrical Departme ield Engineer Position into the IBEW BACKGROUND & JUSTIFICATION: On March 27, 2018 the Seward City Council voted to include the Executive Assistant and Field Engineer in the Electrical Department into the IBEW Collective Bargaining Unit. Since that time, negotiations have been underway on the terms and conditions of their participation in the Unit. During those discussions and with the newly organized Seward Public Employees Association (SPEA) Bargaining Unit, the IBEW and the City now agree that the executive assistant should be in the SPEA. This is primarily for internal advancement opportunities. Under the SPEA contract all open positions are posted within the SPEA Bargaining Unit first. Ifthere are no qualified candidates then the position is posted externally. If the Electrical Department Executive Assistant is not in the SPEA that person would not be able to compete internally for open positions throughout the City. Therefore, only the Field Engineer will be enrolled into the IBEW Bargaining Unit. The side agreement with the IBEW provides for the inclusion of the position in the Bargaining Unit, and provides for an increase in the hourly salary for the employee from $34.28 to $34.94 per hour. INTENT: To comply with the Council's action taken at the March 27, 201 8 City Council Meeting. CONSISTENCY CHECKLIST: 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list): FISCAL NOTE: The increase in salary and benefits will be $1,619. Approved by Finance Department: � �IY':Bi;) 0 Yes No ATTORNEY REVIEW: Yes _____ Xc.=__ No ____ Not Applicable ___ _ NIA X X X RECOMMENDATION: Approve the letter of agreement By and Between the City of Seward and International Brotherhood of Electrical Workers, Local 1547 (IBEW) Re: New Classifications. 128 Resolution 2019-031 129 130 131 132 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING SIGNATURES FOR ALL CITY BANK ACCOUNTS AND RESCINDING ALL PREVIOUS RESOLUTIONS IN CONFLICT HEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Any two of the following signatures shall appear on all checks, drafts, notes or orders drawn against the City of Seward bank accounts maintained at the Seward Branch of Wells Fargo or the Seward Branch of the First National Bank of Anchorage: ___________________________________ ____________________________________ Norman Regis, Acting City Manager Kristin Erchinger, Finance Director ___________________________________ ____________________________________ Sam Hickok, Assistant Finance Director Brenda Ballou, City Clerk Section 2. Any one of the above persons shall have access to and full power to remove the contents of and to exchange or surrender the safe deposit boxes rented by the City of Seward located at the Seward Branch of Wells Fargo under the terms of the City of Seward's banking services agreement with Wells Fargo. Section 3. Any one of the above persons shall have authority to invest City monies with financial institutions as prescribed by the Seward City Code Chapter 5.15, Investment and Collateralization of Public Funds. Section 4. All previously approved resolutions in conflict herewith are hereby rescinded. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 133 134 Resolution 2019-032 Agenda Statement Meeting Date: March 26, 2019 From: Brenda Ballou, City Clerk Agenda Item: Certification of the March 19, 2019 Special City Election BACKGROUND & JUSTIFICATION: The City conducted a special municipal election on Tuesday, March 19, 2019. The Canvass of the election was conducted on Thursday, March 21, 2019. A report stating the final results of the election, including votes cast by absentee and questioned voters, is attached for your certification. RECOMMENDATION: Certify the March 19, 2019 special city election and declare the results final. 135 136 137 138 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page CALL TO ORDER The March 11, 2019 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Excused – None Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold said regarding unfinished business, she supported a joint work session with PACAB and the chamber of commerce; also supported teen rec room. Encouraged council to give more clear direction to administration on … thanked Jeff Tim McDonald expressed his condolences to the Dunham family. Regarding extending the airport runway, he was concerned that a longer runway would create noise pollution throughout the city. John Wisel II introduced himself as a new resident of Seward. his family had moved to invest in Seward; he had obtained a property on old exit glacier road, and also the old video store on fifth avenue. He was partnering with local contractor Phil Zimmerman. He would like to develop the gateway subdivision up Dora way; the location was near the school, which was convenient. Lynda Paquette updated everyone on Seward civic engagement. On march 21 she was trying to get the borough to speak about mill rates, property assessments, appeals, etc. the schc anniversary party last Friday was wonderful; this could be a future topic, as well. 139 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion () Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2019-024, Authorizing The City Manager To Enter Into A Three-Year Contract With R&M Consultants Inc. For On-Call Engineering Services. Non-objection for the renewal of the Restaurant/Eating Place – Public Convenience Seasonal liquor license #4915 for the Gulf of Alaska Food Court. Approval to lift the protest of the renewal of Beverage Dispensary liquor license #822 for Seasalt Alaskan Bar & Grill. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Honoring the Life of Willard Dunham American Legion Centennial Day In Seward Seward’s Day Borough Assembly Report. Kenn Carpenter could not attend the meeting due to illness. City Manager Report. Jeff Bridges reported the following purchase orders over $5,000 had been approved by the City Manager since the last council meeting: $29,806 to Alaska Sales & Service for a Chevrolet truck for Public Works per Resolution 2019-020; $31,771 to Kendall Ford for a Ford truck for Public Works per Resolution 2019-019; $9,800 to YourCleanEnergy, LLC for Lowell Canyon Hydro Project engineering services; and, $72,009 to Connie Alsup for general monthly janitorial services at the Library. Following up from the last meeting, Bridges said there was a question on the solid waste bills and how they impacted the utility bills; the contract with Alaska Waste allowed the city the choice to include them on delinquent notices as a utility bill. There was no written policy on how that was done, nor about who decided to turn off a customer for non-payment of bills. Bridges suggested it would be in the city’s best interest to draft a policy addressing this issue. 140 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Bridges said Andy Baker would be in town again on March 21, 2019, and based on the joint work session last week with PACAB, there seemed to be the desire to have more community input and information about the project; Andy Baker was offering to have another public meeting to answer questions. On March 19, 2019, the acting city manager and assistant city manager would be traveling to Juneau to provide a presentation to the Transportation Committee to discuss Seward’s port and harbor. Public Works Director Doug Schoessler said there had been an issue at the Lowell Point Sewage Lagoon last week wherein the calcium nitrate tube had calcified where there was an unnoticed kink; the tube was replaced, and the department’s best practices manual had been updated to replace the tubes every two years from now on. In response to Towsley, Schoessler said portions of the lagoon froze from time to time, but did not impact the mechanics; everything was working well. In response to Towsley, Schoessler said the job description for the Street Foreman position was under review, had not yet been advertised, and would be filled as a non-union position. In response to Lane, Electric Utility Supervisor Patrick Gillis said the city was undergoing a scheduled sequence of small outages on the transmission line; Chugach had agreed to pick up any cost overages so the city was not impacted. Council directed the city clerk and administration to add a fourth location for posting public notices: Post Office, Bulletin Board in City Hall, Harbormaster’s Office, and Library Bulletin Board. City Attorney Report. Will Earnhart reported a written report would come for the next meeting. Earnhart was attending tonight for the APEA union contract on the agenda. Negotiations were close to being finalized with IBEW. In response to Towsley, Earnhart said he would be presenting a letter of agreement for two positions related to IBEW. The Field Engineer position would be folded into the IBEW contract which council would see come forward on March 26, 2019. In response to Towsley, Earnhart said the Reincke lawsuit was in discovery, and was being handled by insurance counsel. In response to Squires, Earnhart said the last portion of the city attorney evaluation, setting the goals for the city attorney, could be finalized on March 26, 2019 when Holly Wells was in Seward. Council scheduled an executive session on March 26, 2019 to complete the city attorney evaluation. Other Reports, Announcements and Presentations – None PUBLIC HEARINGS – None UNFINISHED BUSINESS 141 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Items Postponed from Previous Agenda Discuss sending a delegate to the 53rd Yeosu Turtle Ship Festival in Yeosu, South Korea. Primary Motion (McClure/Towsley) Send no more than two council members to Yeosu, South Korea. Secondary Motion (Lane/) Send no more than four community members to Yeosu, South Korea. Secondary motion died for lack of second. Primary Motion Passed Unanimous Consent Osenga stated he was not interested in traveling to South Korea. Seese stated she was also not interested in traveling to South Korea. Lane stated she would prefer to travel to Washington, D.C., but if that was not an option, she would like to travel to South Korea. Towsley did not have a current passport, so she could not travel to South Korea. Horn expressed interest in travelling. McClure stated she was not interested, nor was Squires. Council appointed Horn and Lane as the delegates to travel to Yeosu, South Korea for the festival, and directed the city clerk to advertise for up to three citizens to accompany the delegates; citizens would travel at their own expense. Schedule a work session on chamber funding, allocation of monies, chamber priorities. (Lane) Lane said the budget process would start in September, and through that process a lot of things got reevaluated. Lane was concerned about how chamber funding happened, that there would be 20 more cruise ships coming to Seward this summer which citizens did not have a voice in deciding, and that the city needed to clarify its vision for the future and decide what role the chamber would play in that. Lane thought that waiting to have a work session in the fall may leave the chamber at a disadvantage if the funding provided through the budget process were to change. McClure suggested waiting until after the Silver Salmon Derby was over so that the chamber could focus on their busy season before having a work session; if PACAB was invited as well, there could be more dialogue. Osenga and Towsley concurred with McClure’s suggestion. Council directed the city clerk to include an item on the agenda for the July 22, 2019 council meeting to schedule a joint work session with the chamber and PACAB for late August. Discussion and direction to city administration regarding housing development within the original Seward townsite, including selling city lots within the R1 zoning district. (Lane) In response to Lane, Bridges said administration would bring back specific information at the March 26, 2019 meeting about the lots on First Avenue so council could decide to sell or develop them; there were two lots that could be split into four 30’ x 100’ lots. 142 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page In response to Seese wondering why the city would not wish to sell off its vacant land, Towsley said she would like to explore the idea of the city developing a city-owned residence that could be used to assist incoming employees get settled in Seward. McClure said there had been many discussions about these properties over the last few years, since the property had reverted back to the city, and there had been discussions about selling the properties. Reallocation of resources based on attendance at the Teen Rec Room with brainstorming opportunity for how this facility and program could better serve the community. (Lane) Lane said she examined attendance at the Teen Rec Room (TRR) and was concerned with lower attendance numbers. She wondered if the teenagers weren’t going to the TRR, where they were going. Osenga thought it would be important to evaluate why the attendance levels were dropping, and did not want to consider reallocating funds until council knew what was impacting attendance. Seese concurred with Osenga, and wanted to involve the Teen Council. Towsley also wished to engage the Teen Council in the discussion. Council directed the city manager to consult with the Teen Council and bring back a proposed date for a work session with council at the March 26, 2019 meeting. NEW BUSINESS Ordinances for Introduction Ordinance 2019-007, Amending Portions Of Seward City Code §15.10.226 Land Uses Allowed Table, To Allow Animal Shelter In The Institutional Zoning District By Conditional Use Permit. This ordinance is being introduced tonight and will come for public hearing and enactment on March 26, 2019. Motion (McClure/Towsley) Introduce Ordinance 2019-007 Bridges said this ordinance would allow animal shelters to be located inside the Industrial Use district. McClure said this was exciting and would be the next step in the process for moving forward with the new animal shelter. Motion Passed Unanimous 143 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Resolutions Resolution 2019-023, Authorizing Payoff Of An Interfund Loan Owed To The Motor Pool Internal Service Fund From The SMIC Enterprise Fund In The Remaining Amount Of $490,042.57 Related To The Purchase Of A 330-Ton Travelift, And Appropriating Funds. Motion (McClure/Lane) Approve Resolution 2019-023 Bridges said the Seward Marine Industrial Center (SMIC) Enterprise Fund owed the Motor Pool Fund, and this resolution would pay back the General Fund and settle that debt. In response to Lane, Regis said there had been other loans between departments that had charged interest, but this particular one had been approved by council for zero interest. Motion Passed Unanimous Resolution 2019-025, Authorizing The City Manager To Enter Into A Contract With Kendall Ford For The Purchase Of One Ford AWD Police Patrol Vehicle, For An Amount Not To Exceed $42,766.56. Motion (McClure/Towsley) Approve Resolution 2019-025 Motion to Amend (McClure/Towsley) Amend Resolution 2019-025 by accepting the substitute resolution. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2019-026, Authorizing The City Manager To Purchase From Alaska Environmental & Safety Supply, Inc. Emergency Equipment On One Model Year 2019 Ford Explorer, Including The Cost To Install Equipment For An Amount Not To Exceed $6,100.00, And Appropriating Funds In The Amount Of $3,866.56. Motion (McClure/Towsley) Approve Resolution 2019-026 Motion to Amend (McClure/Towsley) Amend Resolution 2019-026 by accepting the substitute resolution. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2019-027, Authorizing The City Manager To Enter Into A Contract With The Alaska Public Employees Association (APEA) Retroactively Effective January 1, 2019 And Ending December 31, 2021. 144 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Motion (McClure/Towsley) Approve Resolution 2019-027 Lane thanked everyone for their efforts in bringing this contract together. Towsley was very happy. Bridges thanked the SPEA representatives for their cooperation and positive negotiating attitude. Motion Passed Unanimous Council recessed at 8:30 p.m. Council resumed at 8:40 p.m. Other New Business Prince William Sound Regional Citizens Advisory Council (PWSRCAC) Vacancy. Council directed the city clerk to advertise the upcoming vacancy for PWSRCAC. Schedule a joint work session with the Planning and Zoning Commission, the Port and Commerce Advisory Board, and the Historic Preservation Commission to review annual priorities. Council scheduled a joint work session on March 26, 2019. Electrical billing & cost composition training for 1-3 members of Council as a way to gather strategic knowledge in order to create informed management policies for our public utility. (Lane) Hickok requested clear and specific guidance on what council was requesting in order to prepare a response. Hickok added that there was a presentation scheduled on April 8, 2019 by the Utility Billing Department to review the process for utility bill development, Cost of Power Adjustment (COPA), and seasonal base rates. Lane was looking forward to that presentation, but was looking for training. In response, Hickok said he was familiar with training that was offered in the past by a regulatory board; that training would soon be available online. Hickok said he would be happy to bring back the online training information at the April 22, 2091 council meeting. Approve travel for Council Member Lane to attend the KPEDD meeting in Kenai on April 17, 2019. (Lane) Lane requested to go to Soldotna the day before the KPEDD meeting so she could meet one- on-one with board members prior to the board meeting. Motion (Seese/Towsley) Send Council Member Lane to Soldotna for 145 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page one night for the Kenai Peninsula Economic Development District (KPEDD) Board Meeting. Motion Approved Unanimous Discuss the city's legal representation. (Lane) Lane did not wish to discuss this topic further because there was an executive session scheduled for the March 26, 2019 meeting to complete the city attorney evaluation. Selection of Council members to travel to Washington D.C. from April 29 – May 2, 2019. (Squires) McClure said she did not wish to travel to Washington, D.C. this time due to family obligations. Motion (McClure/Seese) Send Mayor Squires and Council Member Osenga to Washington, D.C. Osenga said he had been to D.C. twice in the past, and had met with representatives on behalf of the Qutekcak Native Tribe. He would gladly go again on behalf of the city. Squires would like to speak specifically about the U.S. Coast Guard and the Seward airport while in D.C. Motion Passed Unanimous Update from the Ad Hoc Committee For City Personnel Matters. (Towsley) Towsley wanted to resolve the topic of what this committee was tasked to do, and also wished to extend the sunset date for the committee to December 31, 2019. Primary Motion (Towsley/McClure) Extend the sunset date of the Ad Hoc Committee for City Personnel Matters to December 31, 2019. Secondary Motion (Lane/Seese) Require the committee to provide bi-monthly reports to council. Secondary Motion Passed Yes: Seese, Towsley, Lane, Osenga, Horn, McClure No: Squires Primary Motion Passed Unanimous 146 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Request council empanel an ad hoc committee to gather and ask questions of the auditing firm, BDO, and bring a report back to council in preparation for the work session scheduled on April 1, 2019 at 6:00 p.m. (Towsley) Towsley wished to create an ad hoc committee to gather and add questions of the auditing firm BDO in preparation for the April 1, 2019 work session. This information could be used as a foundational tool should council decide to move forward with a forensic audit. Motion (Towsley/Seese) Create an ad hoc committee of three council members to formulate a list of questions to present to the auditing firm BDO, obtain answers, and provide a report back to council in advance of the work session on April 1, 2019. In response to Osenga, Towsley said she anticipated the questions would mostly be procedural in nature. In response to Squires, Towsley said she wished to gather questions and obtain responses from BDO in advance of the April 1, 2019 work session; it would streamline the process. Motion Passed Unanimous Council appointed Council Members Towsley and Seese, and Vice Mayor McClure, to serve on the committee. Approval of February 25, 2019 Regular Meeting Minutes. By unanimous consent, the city clerk was directed to make a housekeeper amendment to the minutes to reflect that City Attorney Will Earnhart was in attendance. INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List. Clerk’s Report on Public Records Requests through March 4, 2019. COUNCIL COMMENTS McClure remembered Willard Dunham fondly; his memorial at the Alaska SeaLife Center on Saturday was lovely. McClure expressed condolences to the Dunham family, as well as to the Erchinger family for the passing of Deb. She complimented council for having full attendance tonight, and welcomed Harbormaster Norm Regis as acting city manager starting next week. Towsley wanted council to host a farewell pot luck for Jeff Bridges this week, and thanked him for his service. Towsley expressed condolences to the Dunham family. She thanked Norm Regis and all the speakers tonight. Towsley was thrilled about council unanimously passing the APEA contract. 147 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Council scheduled a Farewell Pot Luck for Jeff Bridges on Saturday, March 16, 2019 at 3:00 p.m. in council chambers. Seese voiced condolences to the Dunham and Erchinger families. She congratulated Norm Regis on his appointment. In response to a letter received about Brad Snowden’s property, Bridges said a notice was served to allow Snowden 30 days to clean up his property on Fourth Avenue. Horn thanked everyone for speaking tonight, and he thanked Bridges for being the consummate professional. Horn expressed congratulations to Norm Regis, and reminded everyone about the special election on March 19, 2019. Osenga expressed condolences to the Dunham and Erchinger families. He thanked all of tonight’s speakers, and said he was looking forward to Washington, D.C. Lane said there was power in a union. Squires expressed condolences to Dunham and Erchinger families. He thanked Bridges very much for being such a professional; Seward’s loss was Sturbridge’s gain. CITIZEN COMMENTS Anthony Baclaan expressed condolences to all the families who suffered losses recently. He thanked Bridges for his advice and counsel. Baclaan had submitted a record request for the city attorney evaluation; he was confused about whether the city was continuing with the firm, and said there was a lot of community distrust of the city attorney. Baclaan noted a lot of confusion about who on council could contact attorney and for what reasons. Regarding selling versus leasing land, Baclaan wondered why the city would wish to sell rather than make money on rentals. He had spoken with Kris Erchinger, Pat Gillis, and Vernon Willet about the electric meters; he learned a lot about the meters and encouraged everyone to reach out to them with their questions. Baclaan stated the hospitality industry in Seward had to scrape to get by in the winter, and then struggled to find housing for themselves in the busy summer season. He thought the ad hoc committee formed today was important, and that Jen Leahy made a good suggestion about using an organizational consultant. He missed Ryan Lewis. Patrick Messmer offered condolences to all the families who suffered losses, and thanked Jeff Bridges for leaving the community in a better place than he found it. John Wisel II looked forward to working with the city on housing needs. He had purchased the old video store form Brad Snowden; he wondered what the city could do to help Snowden clean up all the stuff that was removed from the store and stored in his driveway. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges expressed condolences to the Dunham and Erchinger families. He thanked council and the Seward community, and said his six months in Seward had been the best job he’d ever had. 148 City of Seward, Alaska City Council Minutes March 11, 2019 Volume 40, Page Seese thought Bridges did a wonderful job for Seward. She felt for Brad Snowden, and things were being handled. Squires expressed condolences to the Lewis family. He said the city has looked into having a code enforcement officer several times, and it was a continuing discussion. EXECUTIVE SESSION Motion (McClure/Towsley) Go into executive session to evaluate the interim city manager. Motion Passed Unanimous Interim City Manager Jeff Bridges was invited to remain. Council went into executive session at 9:37 p.m. Council came out of executive session at 10:10 p.m. Squires stated that Bridges performance had been excellent, and said he would be drafting a letter of reference for Bridges. ADJOURNMENT The meeting was adjourned at 10:11 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 149 City of Seward, Alaska City Council Special Meeting Minutes March 9, 2019 Volume 40, Page CALL TO ORDER The March 9, 2019 special meeting of the Seward City Council was called to order at 11:00 a.m. by Mayor David Squires. OPENING CEREMONY Citizen Kyle Walker led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges, Interim City Manager Brenda Ballou, City Clerk Excused – None Absent – Horn CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Lane) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Resolutions Resolution 2019-029, Appointing Harbormaster Norm Regis As Acting City Manager Beginning March 18, 2019 And Ending April 19, 2019, With The Option To Extend. Motion (McClure/Osenga) Approve Resolution 2019-029 150 City of Seward, Alaska City Council Special Meeting Minutes March 9, 2019 Volume 40, Page McClure said the negotiating committee appointed by council, consisting of herself and Council Member Lane, met with Norm Regis and discussed various options. The final agreement was for Regis to commit to one month, as acting and not interim so as not to interfere with PERS. Also agreed upon was a temporary salary bump of 22% to be commensurate with the job duties of city manager. In response to Lane and Towsley, McClure suggested that the negotiating team plan to meet with Norm Regis prior to April 19, 2019 to consider whether to extend. In response to Osenga, McClure said the reason for agreeing to a one month term was because Regis stated that, upon consideration, he had concerns about committing to a two or three month term as acting city manager because of the activity at the harbor. In response to Towsley, Assistant City Manager Brennan Hickok said he would provide as much support as possible; he was confident that he would be able to support Regis to a level that would enable Regis to continue to fulfill his harbormaster obligations. Harbormaster Norm Regis thanked council for the opportunity, and said there were big projects underway at the harbor and at SMIC. Deputy Harbormaster Matt Chase would be there to help Regis, but with two big projects underway at the same time, Regis was concerned about committing for too long a time. As long as things were going smoothly with the projects, Regis would be happy to extend. Lane said the value of having Regis as acting would enable an easy transfer of information. In response to Squires, McClure said she was aware of the standard salary increase of 10% for acting status, but the negotiating committee had agreed on this salary increase and she was comfortable with it. Motion Passed Unanimous COUNCIL COMMENTS Osenga said nice job everyone. McClure was comfortable working with Council Member Lane on the negotiating team and things went smoothly. Towsley thought the city was in good hands. Seese thanked the negotiating committee and she was looking forward to working with Norm Regis. Lane said it was a delight to work with Vice Mayor McClure, and she thanked Norm Regis and Jeff Bridges. 151 City of Seward, Alaska City Council Special Meeting Minutes March 9, 2019 Volume 40, Page Squires thanked the negotiating committee for working so quickly and efficiently. He thanked Norm Regis for stepping up and he was confident in his abilities. Squires thanked everyone for participating in this meeting on a Saturday. CITIZEN COMMENTS Lynda Paquette said council did a great job today. She wondered if, at the end of Regis’ first month, having additional harbor would help Regis so he wouldn’t have to end too quickly. Paquette said her husband had met with Public Works Director Doug Schoessler last week, and she had concerns about what was happening because there was smell and parts of it were frozen. Norm Regis reported that on March 18, 2019, his first day as acting city manager, he had already planned for a vacation day, although he would be in town. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Towsley thanked Paquette for bringing up the concern about the sewage lagoon. McClure said the negotiating team was aware the Regis had scheduled a day off on March 18, 2019. Bridges said there had been a clog last week in one of the lines at the Lowell Point sewage lagoon, but it had been resolved. ADJOURNMENT The meeting was adjourned at 11:27 a.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 152 153 154 155 156 157 158 159 160 161 162 163 164 165 CITY PROJECTS & GOALS March 26, 2019 City Council Meeting PROJECTS & GOALS 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. January 25, 2019 teleconference call with DOE, Brennan Hickok, Doug Schoessler, and city clerk to review results of analysis; results indicate that the voting location could potentially be moved back to city hall if the back parking lot were modified to allow for one or two van accessible spaces with a flat approach to the back door, and if the back door were widened by a minimum of two inches. 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 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. 166 CITY PROJECTS & GOALS March 26, 2019 City Council Meeting 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. YourCleanEnergy LLC has provided a design and engineering proposal for sole source contract consideration on the February 25, 2019 regular meeting agenda. YourCleanEnergy contract approved by Resolution 2019-022. 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. Ordinance 2019-007 is being introduced on March 11, 2019 and will come for public hearing and enactment on March 26, 2019; this ordinance will amend the Land Uses Allowed Table to allow an animal shelter in the Institutional Zoning District by CUP. 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 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, 167 CITY PROJECTS & GOALS March 26, 2019 City Council Meeting 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. Staff is currently planning a disaster exercise to coincide with the “Chill it’s a Drill” exercise scheduled for March 27, 2019. State of Alaska canceled the Chill It’s A Drill exercise for March 27, 2019. KPB will be conducting a tsunami siren test drill on March 27, 2019. 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. Resolution 2019-024 is being brought for approval on March 11, 2019 to contract with R&M Consultants for on-call engineering services. 18. IMPROVE COUNCIL CHAMBERS TO ALLOW CITIZENS TO MORE CLEARLY HEAR AND EXPERIENCE MEETINGS The City Clerk placed an order through the MIS department for a Polycom teleconference device for council chambers. In the meantime, the City Manager’s office will lend a similar phone until the new one arrives. In addition, a mid-cycle budget amendment will be requested to replace some of the broadcasting equipment. At the February 11, 2019 work session, council reviewed a request for $10,000 to be added to the 2019 budget, and directed the city manager to bring forward a resolution to amend the budget. Mid-cycle budget amendments were approved by council in Resolution 2019-021; included were funds for improving the audience experience – addressing ceiling speakers, microphones, camera, and video recording. Polycom phone has been received; awaiting phone number assignment from TelAlaska. 168 CITY PROJECTS & GOALS March 26, 2019 City Council Meeting 19. IMPROVE CITY WEBSITE TO INCREASE EASE OF USE BY THE PUBLIC In July, 2018 council directed the city clerk to seek ways to increase the ease of use of the city website by citizens. On October 1, 2018 the city clerk was informed by the current website vendor, CivicPlus, that as of July 1, 2019 the company would no longer make any maintenance fixes, and as of December 31, 2019 the company would no longer support the current platform. The city clerk researched upgrade and redesign options with several companies, including CivicPlus, Municode, Revize, Alopex, and Granicus. A mid-cycle budget amendment was requested at the February 11, 2019 city council work session in anticipation of working with one of these companies. The work will be completed by year end 2019. On March 4, 2019, the city selected to move forward with Granicus; a resolution to approve the contract will come to council on March 26, 2019. Granicus contract resolution pending licensing 20. RETAINING WALL AT CITY HALL At the direction of council, administration will issue a Request for Proposals for the construction of a new retaining wall and guard railing, where required, for the raised parking lot area at the north end of City Hall. 21. 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. The Design and Engineering contract is on the regular meeting agenda for on February 11, 2019. Contract with PND approved by council on February 11, 2019. COUNCIL COMMITTEES 1. AD HOC COMMITTEE FOR CITY PERSONNEL MATTERS 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. At the March 11, 2019 meeting, council voted to extend the sunset date of this committee to December 31, 2019. 2. AD HOC COMMITTEE FOR CITY AUDIT WITH BDO March 11, 2019, council created an Ad Hoc Committee consisting of Vice Mayor McClure, Council Member Towsley, and Council Member Seese to gather questions from council and the public and work with city auditors, BDO, to provide answers, in preparation for the April 1, 2019 work session. On Monday, March 18, 2019 the city clerk released a public notice soliciting citizen questions for the city auditor firm; deadline for submissions is Friday, March 22, 2019. 169 CITY PROJECTS & GOALS March 26, 2019 City Council Meeting 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. 2. INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD Report delivered by Interim City Manager Bridges to City Council and the public on October 22, 2018. 170 Providence St. Joseph Health110 - PROVIDENCE SEWARD MED CENTER - MGDBalance Sheet (Whole Dollars)Reported as of January 2019               !January December20192018ActualPr. YearASSETSCurrent Assets:Cash and Cash Equivalents461,967470,263Mgmt Designated Cash & Cash Equiv.--Patient Accounts Receivable6,877,952 5,735,947Less: Contractual Allowance(1,156,002) (1,265,678)Less: Allowance for Doubtful Accounts(1,937,396) (919,829)Other Receivables921,032 1,141,317Supplies Inventory41,24243,039Other Current Assets36,47642,546Total Current Assets5,245,272 5,247,606Assets Whose Use is Limited:Funds Held for Long Term Purposes(251,593) (254,234)Assets Whose Use is Limited(251,593) (254,234)Property, Plant & Equipment:Property Plant Equipment Gross304,317304,317Accumulated Depreciation(286,626) (285,345)Property Plant Equipment Net17,691 18,972Other Long Term Assets:Other LT Assets1,275,205 1,273,852Total Other LT Assets1,275,205 1,273,852Total Assets6,286,575 6,286,196January December20192018ActualPr. YearLIABILITIES & NET ASSETSCurrent Liabilities:Accounts Payable744,528 1,536,642Accrued Compensation1,056,606 1,030,955Payable to Contractual Agencies17,80017,000Other Current Liabilities8,318,658 7,266,795Total Current Liabilities10,137,592 9,851,392Long-Term Debt:Other Long Term Liabilities959,904958,551Total Liabilities11,097,496 10,809,943Net Assets:Unrestricted(4,852,849) (4,565,676)Temporarily Restricted41,92841,928Total Net Assets(4,810,921) (4,523,748)Total Liabilities and Net Assets6,286,575 6,286,196171 Providence St. Joseph Health110 - PROVIDENCE SEWARD MED CENTER - MGDDetail Statement of Operations (Whole Dollars)Reported as of January 2019INC_DET_OPS_1WD_EALDept AllDepartments - AllDepartmentsPrinted On 2/20/19 @ 2:22 PMPrinted By vdedikMonth-To-DateYear-To-DateActualBudget % VarianceActualBudget % Variance Pr. Year % VarianceGross Service Revenues:236,653128,720 83.9% Acute Care - Inpatient236,653128,720 83.9%106,151 122.9%1,013,060863,868 17.3% Acute Care - Outpatient1,013,060863,868 17.3%708,919 42.9%165,426162,165 2.0% Primary Care165,426162,165 2.0%124,839 32.5%1,405,037 1,451,169 (3.2%) Long-term Care1,405,037 1,451,169 (3.2%) 1,370,746 2.5%2,820,176 2,605,921 8.2%Total Gross Service Revenues2,820,176 2,605,921 8.2% 2,310,655 22.1%Revenue Deductions:(153,416)161,537 195.0% Charity Care(153,416)161,537 195.0%7,141 2,248.3%137,379567,505 75.8% Medicare Medicaid137,379567,505 75.8%481,916 71.5%71,19330,740 (131.6%) Negotiated Contracts71,19330,740 (131.6%)25,430 (180.0%)22,50246,225 51.3% Other Deduction Expense22,50246,225 51.3%45,137 50.1%77,657806,007 90.4% Revenue Deductions77,657806,007 90.4%559,624 86.1%1,077,11365,019 (1,556.6%) Bad Debt Deduction1,077,11365,019 (1,556.6%) 411,169 (162.0%)1,665,406 1,734,895 (4.0%) Net Service Revenue1,665,406 1,734,895 (4.0%) 1,339,861 24.3%4,3319,214 (53.0%) Other Operating Revenue4,3319,214 (53.0%)10,432 (58.5%)1,669,737 1,744,109 (4.3%)Total Net Operating Revenues1,669,737 1,744,109 (4.3%) 1,350,293 23.7%Expenses from Operations:Other Expenses from Operations:1,007,119975,821 (3.2%) Salaries and Wages1,007,119975,821 (3.2%)895,522 (12.5%)226,470247,449 8.5% Employee Benefits226,470247,449 8.5%226,582 -10,76420,706 48.0% Professional Fees Expense10,76420,706 48.0%17,466 38.4%100,47991,680 (9.6%) Supplies100,47991,680 (9.6%)72,304 (39.0%)243,336251,886 3.4% Purchased Services Expense243,336251,886 3.4%37,903 (542.0%)1,2811,244 (2.9%) Depreciation Expense1,2811,244 (2.9%)1,950 34.3%-- - Interest and Amortization-- -18,295 100.0%483478 (1.1%) Taxes and Licenses483478 (1.1%)2,194 78.0%115,581111,307 (3.8%) Other Expenses115,581111,307 (3.8%)106,787 (8.2%)1,705,513 1,700,571 (0.3%) Other Expenses from Operations1,705,513 1,700,571 (0.3%) 1,379,003 (23.7%)1,705,513 1,700,571 (0.3%) Total Operating Expenses1,705,513 1,700,571 (0.3%) 1,379,003 (23.7%)(35,776)43,538(182.2%)Net Operating Income(35,776)43,538(182.2%)(28,709)24.6%1969 2,196.8% Non-Operating Gain (Loss)1969 2,196.8%6 2,962.4%(35,580)43,546 (181.7%)Net Income(35,580)43,546 (181.7%)(28,703) 24.0%(251,593)- -Other Activity-Unrestricted(251,593)- -(253,034) (0.6%)(287,173)43,546 (181.7%)Increase (Decrease) in UR Net Assets (287,173)43,546 (181.7%)(281,736) 1.9%172 Providence Health & Services110 - PROVIDENCE SEWARD MED CENTER - MGDStatement of Changes in Net Assets (Whole Dollars)Reported as of January 2019BAL_STMT_CHG_IN NET_ASSET_WD_EALActualPrinted On 2/20/19 @ 2:22 PMPrinted By vdedik9 of 11UNRESTRICTED FUNDSCurrent Year to DatePrior Year to DateBeginning of Year(5,294,615)(5,386,610)Excess of Revenues Over Expenses(35,580)(28,703)Restricted Contributions & Grants--Net Assets Released from Rest.--Interdivision Transfers--Unidentified Differences *728,940-Net Assets (Liabilities) Assumed--Unrealized Gains (Losses) on Invest. --Extraordinary Items & Other(251,593)(253,034)Total Change in Net Assets441,766(281,736)Ending Balance(4,852,849) (5,668,347)TEMPORARILY RESTRICTED FUNDSCurrent Year to DatePrior Year to DateBeginning of Year41,92836,705Investment and Other Income--Restricted Contributions & Grants--Net Assets Released from Rest.--Interdivision Transfers--Unidentified Differences *--Net Assets (Liabilities) Assumed--Unrealized Gains (Losses) on Invest. --Extraordinary Items & Other--Total Change in Net Assets--Ending Balance41,928 36,705173 Providence Health & Services110 - PROVIDENCE SEWARD MED CENTER - MGDStatement of Changes in Net Assets (Whole Dollars)Reported as of January 2019BAL_STMT_CHG_IN NET_ASSET_WD_EALActualPrinted On 2/20/19 @ 2:22 PMPrinted By vdedik10 of 11PERMANENTLY RESTRICTED FUNDSCurrent Year to DatePrior Year to DateBeginning of Year--Investment and Other Income--Restricted Contributions & Grants--Net Assets Released From Rest.--Interdivision Transfers--Unidentified Differences *--Net Assets (Liabilities) Assumed--Unrealized Gains (Losses) on Invest. --Extraordinary Items & Other--Total Change in Net Assets--Ending Balance--TOTAL ALL FUNDSCurrent Year to DatePrior Year to DateBeginning of Year(5,252,687)(5,349,905)Excess of Revenues Over Expenses(35,580)(28,703)Investment and Other Income--Restricted Contributions & Grants--Net Assets Released From Rest.--Interdivision Transfers--Unidentified Difference *728,940-Net Assets (Liabilities) Assumed--Unrealized Gains (Losses) on Inv.--Extraordinary Items & Other(251,593)(253,034)Total Change in Net Assets441,766(281,736)Ending Balance(4,810,921) (5,631,641)174 Providence Health & Services110 - PROVIDENCE SEWARD MED CENTER - MGDStatement of Cash Flows (Whole Dollars)Reported as of January 2019CF_CASHFLOW_STMT_WD_EALActual YTDPrinted On 2/20/19 @ 2:22 PMPrinted By vdedikJanuary January20192018Operating Activities:Change in Net Assets441,766 (281,736)Adjustments to Reconcile Net Cash Provided by Operating ActivitiesDepreciation1,2811,950Provision for Bad Debts1,077,113411,169Net Real/Unreal Gains Losses on Invest(196)(6)Changes in Certain Current Assets/Liab(1,533,295) (766,547)Increase Decrease in Other Liabilities1,3539Net Cash Provided by Used in Op Act(11,978) (635,162)Investing Activities:Net Investments Purchases Sales(2,445)253,040FM Increase Decrease in Other Long-Term Assets (1,353) (9)Net Cash Provided by Used in Inv Act(3,798)253,031January January20192018Financing Activities:Increase (Decrease) in Cash & Cash Equiv.(15,776) (382,131)Cash and Cash Equiv - Beginning of Period 477,743779,547Cash and Cash Equiv - End of Period461,967 397,416Supplemental Disclosure:175 Monthly Budget-to-Actual Revenue Report -- By Fund Page: 1City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM General Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 4000 Tax Revenue - Sales (3,196)(3,196)420,833 (424,029)5,350,000 (5,353,196)(0.06) 4010 Tax Revenue - Real Property 11,852 11,852 80,833 (68,981)1,020,000 (1,008,148)1.16 4011 Tax Revenue - Personal Property 6,320 6,320 26,667 (20,347)340,000 (333,680)1.86 4012 Tax Revenue - Motor vehicle 1,690 1,690 2,083 (393)25,000 (23,310)6.76 4020 Hotel/Motel Room Tax (14,575)(14,575)41,667 (56,242)515,000 (529,575)(2.83) 4030 Payments in Lieu of Tax 0 0 7,500 (7,500)90,000 (90,000)0.00 4031 Contra Payments in Lieu of Tax 0 0 (2,800)2,800 (43,440)43,440 0.00 4040 Penalties and Interest on Taxes 343 343 125 218 1,500 (1,157)22.88 4100 Building Permits 126 126 4,167 (4,041)40,000 (39,874)0.31 4101 Permits - Taxi 280 280 100 180 1,200 (920)23.37 4102 DMV - Drivers License 1,538 1,538 1,750 (212)16,000 (14,462)9.61 4103 DMV - Motor Vehicles 2,972 2,972 4,333 (1,361)57,000 (54,028)5.21 4104 Animal Control Licenses 65 65 21 44 250 (185)26.00 4105 Business License 3,330 3,330 1,500 1,830 21,000 (17,670)15.86 4106 License and Permits - Misc 354 354 167 187 2,000 (1,646)17.69 4202 Jail Contract 92,238 92,238 29,167 63,071 350,000 (257,762)26.35 4203 Dispatch Contract w/State of AK 0 0 3,000 (3,000)36,000 (36,000)0.00 4204 KPB 911 Dispatch 0 0 4,380 (4,380)52,560 (52,560)0.00 4205 Alaska Liquor Tax 0 0 1,583 (1,583)19,000 (19,000)0.00 4206 Alaska Raw Fish Tax 0 0 23,333 (23,333)410,000 (410,000)0.00 4207 Fisheries Resource Landing Tax 0 0 333 (333)4,000 (4,000)0.00 4300 Admin. Exp. - Jail 0 0 7,730 (7,730)92,761 (92,761)0.00 4301 Admin Exp.- Harbor 0 0 30,453 (30,453)365,435 (365,435)0.00 4302 Admin. Exp. - SMIC 0 0 8,128 (8,128)97,540 (97,540)0.00 4303 Admin. Exp.- Parking Fund 0 0 950 (950)11,400 (11,400)0.00 4304 Admin. Exp. - Electric 0 0 79,442 (79,442)953,306 (953,306)0.00 4305 Admin. Exp. - Water 0 0 21,916 (21,916)262,991 (262,991)0.00 4306 Admin. Exp. - Sewer 0 0 13,384 (13,384)160,606 (160,606)0.00 4307 Copying Fees 803 803 417 386 5,000 (4,197)16.07 4308 Sales Tax Credit 0 0 333 (333)4,000 (4,000)0.00 4309 Zoning Fees 14 14 17 (3)200 (186)7.01 4320 Misc Dog Fees 95 95 100 (5)1,200 (1,105)7.92 4322 Miscellaneous Dispatching 0 0 833 (833)10,000 (10,000)0.00 4323 Miscellaneous Police Fees 120 120 167 (47)2,000 (1,880)6.00 4331 Shop Work Orders 150 150 208 (58)2,500 (2,350)6.01 4340 P&R: Public Use Fees 1,114 1,114 208 906 2,500 (1,386)44.58 4341 P&R: Punchard Fees 421 421 1,000 (579)8,000 (7,579)5.26 4342 P&R: Class Registrations 4,731 4,731 3,750 981 45,000 (40,269)10.51 4343 P&R: Facility Rental 1,081 1,081 209 872 2,500 (1,419)43.25 4344 P&R: Tournaments 0 0 142 (142)1,700 (1,700)0.00 4345 P&R: Special Events 995 995 1,583 (588)19,000 (18,005)5.24 4347 P&R: Shower Fees 0 0 1,250 (1,250)18,000 (18,000)0.00 4348 P&R: Rock Wall Fees 0 0 42 (42)500 (500)0.00 4349 P&R: Pavilion Fees 682 682 333 349 4,000 (3,318)17.06 4350 P&R: Camping Fees 19 19 36,667 (36,648)480,000 (479,981)0.00 4351 P&R: Camping w/Utilities 467 467 28,333 (27,866)328,000 (327,533)0.14 4352 P&R: RV Dump Station 0 0 1,167 (1,167)14,000 (14,000)0.00 4353 P&R: Misc Revenue 0 0 42 (42)500 (500)0.00 Monthly Budget-to-Actual Revenue Report -- By Fund Page: 2City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM General Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget 4354 P&R: Work Orders 0 0 500 (500)0 0 0.00 4356 P&R: Cemetery Plot Fees 250 250 0 250 0 250 0.00 4370 Library Service Revenue 556 556 792 (236)9,500 (8,944)5.85 4371 Library Circulation Revenue 299 299 333 (34)4,000 (3,701)7.47 4373 Museum Admissions 0 0 1,500 (1,500)18,000 (18,000)0.00 4380 Land Rents & Leases 4,325 4,325 3,225 1,100 34,800 (30,475)12.43 4382 Jail Facility Rental 0 0 2,500 (2,500)30,000 (30,000)0.00 4383 Municipal Building Rent 0 0 3,333 (3,333)60,000 (60,000)0.00 4400 Fines and Bails 90 90 1,417 (1,327)17,000 (16,910)0.53 4500 GF Interest on Investments 24,699 24,699 2,500 22,199 70,000 (45,301)35.28 4501 GF Penalties & Interest 361 361 83 278 1,000 (639)36.07 4620 Franchise Fee - Refuse 4,762 4,762 1,458 3,304 17,500 (12,738)27.21 4630 City Clerk Fees 0 0 25 (25)300 (300)0.00 4639 Misc Service Fees 5 5 0 5 0 5 0.00 5899 Miscellaneous Revenue (10)(10)0 (10)0 (10)0.00 Total Revenues 149,366$149,366$907,212$(757,846)$11,461,809$(11,312,443)$1.30$ Monthly Budget Expenditure Report by Fund Page: 1City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 General Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 187,944 187,944 488,383 300,440 4,291,371 4,103,428 4.38 6001 Overtime 10,539 10,539 1,667 (8,872)20,000 9,461 52.69 6002 Standby Time 695 695 0 (695)0 (695)0.00 6009 Personnel Vacancy Factor 0 0 (12,500)(12,500)(150,000)(150,000)0.00 6100 Medicare 4,705 4,705 7,462 2,757 83,189 78,484 5.66 6101 Unemployment Insurance 0 0 342 342 4,100 4,100 0.00 6102 Workers' Compensation 10,507 10,507 18,605 8,098 227,463 216,956 4.62 6200 Leave Time 30,763 30,763 37,878 7,115 423,372 392,609 7.27 6201 Retirement Benefits 43,967 43,967 91,088 47,121 968,049 924,082 4.54 6202 Health Insurance 112,796 112,796 188,301 75,505 2,171,280 2,058,484 5.19 6203 In Lieu of FICA 0 0 165 165 1,975 1,975 0.00 6209 Contra-Retirement PERS DC Forfeitures (8,472)(8,472)0 8,472 (30,000)(21,528)28.24 Total Personnel Costs:393,444$393,444$821,391$427,947$8,010,799$7,617,355$4.91$ Non-Personnel Costs: 7000 Audit 0 0 11,967 11,967 114,634 114,634 0.00 7001 Communications 9,623 9,623 9,989 366 119,859 110,236 8.03 7002 Postage and Freight 2,488 2,488 3,500 1,012 42,008 39,520 5.92 7003 Banking & Credit Card Fees 431 431 2,741 2,310 48,500 48,069 0.89 7004 Insurance 118,648 118,648 20,125 (98,523)241,494 122,846 49.13 7006 Legal 0 0 6,667 6,667 80,000 80,000 0.00 7009 Contracted Services 4,187 4,187 35,740 31,553 370,667 366,480 1.13 7010 Engineering 0 0 250 250 28,000 28,000 0.00 7011 Testing 0 0 543 543 6,500 6,500 0.00 7012 Other Special Services 0 0 2,692 2,692 50,050 50,050 0.00 7013 State Lobbying Fees 8,042 8,042 7,250 (792)87,000 78,958 9.24 7014 Federal Lobbying Fees 7,667 7,667 7,917 250 95,000 87,333 8.07 7015 Utilities 36,499 36,499 48,666 12,167 583,989 547,490 6.25 7016 Heating Fuel (69)(69)5,720 5,789 68,639 68,708 (0.10) 7017 Rents & Leases 0 0 34,789 34,789 110,400 110,400 0.00 7201 Library Books 0 0 833 833 10,000 10,000 0.00 7202 Library Periodicals 0 0 250 250 3,000 3,000 0.00 7203 Library Standing Orders 0 0 333 333 4,000 4,000 0.00 7204 Library Non-Print 0 0 333 333 4,000 4,000 0.00 7205 Library Electronic Materials 0 0 375 375 4,500 4,500 0.00 7208 Museum Collection Supplies 0 0 100 100 1,200 1,200 0.00 7210 Vehicle Supplies 0 0 555 555 6,658 6,658 0.00 7211 Gas & Lube (45)(45)8,248 8,293 98,959 99,004 (0.05) 7212 Uniform Allowance 1,594 1,594 1,153 (441)13,823 12,230 11.53 7213 Safety Equipment 0 0 1,084 1,084 13,000 13,000 0.00 7214 Janitorial Supplies 0 0 1,414 1,414 16,958 16,958 0.00 7215 Operating Supplies 2,728 2,728 26,934 24,206 323,197 320,469 0.84 7216 Maintenance & Repair 21,663 21,663 17,686 (3,977)212,202 190,539 10.21 7217 Small Tools & Equipment 199 199 6,926 6,727 83,076 82,877 0.24 7218 Inmate Meals 0 0 833 833 10,000 10,000 0.00 7300 Advertising 774 774 3,563 2,790 42,762 41,989 1.81 7301 Subscriptions & Dues 2,301 2,301 3,337 1,036 40,036 37,735 5.75 Monthly Budget Expenditure Report by Fund Page: 2City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 General Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget 7302 Travel & Subsistence 120 120 10,202 10,082 122,420 122,300 0.10 7303 Education & Training 200 200 4,254 4,054 75,951 75,751 0.26 7304 Equipment Rent 0 0 5,233 5,233 39,870 39,870 0.00 7307 GF Administrative Fee 0 0 7,730 7,730 92,761 92,761 0.00 7800 Sister City Program 0 0 375 375 4,500 4,500 0.00 7801 Contributions to Chamber 0 0 21,077 21,077 260,454 260,454 0.00 7802 Contributions to Senior Citizens 0 0 6,250 6,250 82,900 82,900 0.00 7803 Contributions to B&G Club 0 0 2,083 2,083 25,000 25,000 0.00 7804 Elections 0 0 333 333 7,000 7,000 0.00 7805 Promotion 500 500 917 417 11,000 10,500 4.55 7806 Volunteer Fireman Stipend 3,167 3,167 3,167 0 38,000 34,833 8.33 7807 Contingency 0 0 584 584 7,000 7,000 0.00 7810 Miscellaneous Expense 198 198 1,867 1,669 22,400 22,202 0.88 8012 Debt Service Interest Expense 0 0 20,342 20,342 244,106 244,106 0.00 8103 Capital Equipment 2,984 2,984 459 (2,525)15,500 12,516 19.25 8300 Debt Service Principal 0 0 26,732 26,732 320,784 320,784 0.00 Total Non-Personnel Costs:223,899$223,899$384,118$160,219$4,303,757$4,079,858$5.20$Total Expenditures 617,343$617,343$1,205,509$588,166$12,314,556$11,697,213$5.01$ Monthly Budget-to-Actual Revenue Report -- By Fund Page: 3City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM Harbor Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 5000 Land Rents & Leases 91,112 91,112 32,893 58,219 394,715 (303,603)23.08 5001 Land Lease Credits 0 0 (2,500)2,500 (30,000)30,000 0.00 5100 Transient Moorage 29,802 29,802 48,334 (18,532)580,000 (550,198)5.14 5101 Moorage 19,056 19,056 95,833 (76,777)1,150,000 (1,130,944)1.66 5102 Wharfage 0 0 4,000 (4,000)48,000 (48,000)0.00 5103 Boat Lift Fees 1,788 1,788 9,750 (7,962)117,000 (115,212)1.53 5105 Harbor Power Sales 32,535 32,535 31,083 1,452 373,000 (340,465)8.72 5150 Shower Fees 622 622 1,000 (379)12,000 (11,379)5.18 5153 Fuel Pumping Fee 1,471 1,471 1,750 (279)21,000 (19,529)7.01 5154 Waiting List Fees 315 315 625 (310)7,500 (7,185)4.20 5155 Towing Fees 0 0 75 (75)900 (900)0.00 5156 Pumping Boats 32 32 25 7 300 (269)10.50 5157 North Harbor Launch Fee 0 0 2,813 (2,813)33,750 (33,750)0.00 5158 South Harbor Launch Fee 0 0 1,708 (1,708)20,500 (20,500)0.00 5800 Labor & Services 1,239 1,239 458 781 5,500 (4,261)22.53 5890 Collection of Doubtful Accounts 0 0 100 (100)1,200 (1,200)0.00 5899 Miscellaneous Revenue 0 0 83 (83)1,000 (1,000)0.00 5901 EF Investment Interest 9,549 9,549 1,667 7,882 20,000 (10,451)47.74 5905 EF Penalties and Interest 1,482 1,482 833 649 10,000 (8,518)14.82 5940 Amortization of Contributions-in-Aid 0 0 81,213 (81,213)974,557 (974,557)0.00 5941 Amortization of Bond Premiums 0 0 3,598 (3,598)43,172 (43,172)0.00 Total Revenues 189,003$189,003$315,341$(126,339)$3,784,094$(3,595,093)$4.99$ Monthly Budget Expenditure Report by Fund Page: 3City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Harbor Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 26,667 26,667 60,743 34,076 541,318 514,651 4.93 6001 Overtime 237 237 3,407 3,170 40,893 40,656 0.58 6002 Standby Time 734 734 973 239 11,686 10,952 6.28 6100 Medicare 422 422 833 411 9,993 9,571 4.22 6101 Unemployment Insurance 0 0 42 42 500 500 0.00 6102 Workers' Compensation 1,930 1,930 3,133 1,203 37,600 35,670 5.13 6200 Leave Time 5,052 5,052 5,078 26 60,934 55,882 8.29 6201 Retirement Benefits 6,668 6,668 14,010 7,342 144,543 137,875 4.61 6202 Health Insurance 17,510 17,510 24,618 7,108 323,597 306,087 5.41 6209 Contra-Retirement PERS DC Forfeitures (1,108)(1,108)0 1,108 0 1,108 0.00 Total Personnel Costs:58,112$58,112$112,837$54,725$1,171,064$1,112,952$4.96$ Non-Personnel Costs: 7001 Communications 866 866 959 93 11,500 10,634 7.53 7002 Postage and Freight 54 54 708 654 8,500 8,446 0.63 7003 Bank and Credit Card Fees 12,452 12,452 4,250 (8,202)68,460 56,008 18.19 7004 Insurance 69,024 69,024 6,892 (62,132)82,700 13,676 83.46 7006 Legal 0 0 833 833 10,000 10,000 0.00 7009 Contracted Services 2,992 2,992 6,666 3,674 91,000 88,008 3.29 7011 Testing 0 0 108 108 1,300 1,300 0.00 7012 Other Special Services 0 0 0 0 3,500 3,500 0.00 7015 Utilities 8,112 8,112 9,818 1,706 117,820 109,708 6.89 7016 Heating Fuel 0 0 833 833 10,000 10,000 0.00 7100 General Power for Resale 17,570 17,570 25,583 8,013 307,000 289,430 5.72 7211 Gas & Lube 0 0 1,875 1,875 22,500 22,500 0.00 7213 Safety Equipment 0 0 625 625 7,500 7,500 0.00 7214 Janitorial Supplies 491 491 833 342 10,000 9,509 4.91 7215 Operating Supplies 690 690 3,000 2,310 36,000 35,310 1.92 7216 Maintenance & Repair 642 642 4,334 3,692 52,000 51,358 1.23 7217 Small Tools & Equipment 0 0 1,459 1,459 17,500 17,500 0.00 7300 Advertising 0 0 458 458 5,500 5,500 0.00 7301 Subscriptions & Dues 0 0 125 125 1,500 1,500 0.00 7302 Travel & Subsistence 0 0 833 833 10,000 10,000 0.00 7303 Education & Training 0 0 333 333 4,000 4,000 0.00 7304 Equipment Rent 0 0 1,083 1,083 2,000 2,000 0.00 7321 Harbor General Indirect Costs 0 0 36,862 36,862 442,336 442,336 0.00 7322 Harbor Admin Indirect Costs 0 0 38,800 38,800 465,598 465,598 0.00 7324 Gen Fund Indirect Costs 0 0 30,452 30,452 365,435 365,435 0.00 7325 Harbor Internal Cost Allocation 0 0 (86,233)(86,233)(1,034,793)(1,034,793)0.00 7330 P.I.L.T.0 0 15,758 15,758 189,092 189,092 0.00 7331 Reclass PILT to Transfer-Out 0 0 (15,758)(15,758)(189,092)(189,092)0.00 7808 Bad Debt Expense 0 0 1,000 1,000 12,000 12,000 0.00 7810 Miscellaneous Expense 0 0 208 208 2,500 2,500 0.00 7900 Depreciation Expense 0 0 118,193 118,193 1,418,309 1,418,309 0.00 8012 Debt Service Interest Expense 0 0 17,341 17,341 208,093 208,093 0.00 8104 Motor Pool Rent 0 0 5,334 5,334 64,000 64,000 0.00 Monthly Budget Expenditure Report by Fund Page: 4City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Harbor Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget 8300 Debt Service Principal 0 0 44,266 44,266 531,187 531,187 0.00 Total Non-Personnel Costs:112,893$112,893$277,831$164,938$3,354,945$3,242,052$3.36$Total Expenditures 171,005$171,005$390,668$219,663$4,526,009$4,355,004$3.78$ Monthly Budget-to-Actual Revenue Report -- By Fund Page: 4City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM SMIC Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 5000 Land Rents & Leases 45,548 45,548 14,978 30,570 179,745 (134,197)25.34 5001 Land Lease Credits (3,136)(3,136)0 (3,136)0 (3,136)0.00 5101 Moorage 0 0 916 (916)11,000 (11,000)0.00 5102 Wharfage 0 0 521 (521)6,250 (6,250)0.00 5103 Boat Lift Fees 5,254 5,254 11,667 (6,413)140,000 (134,746)3.75 5104 Storage Fees 8,538 8,538 9,583 (1,045)115,000 (106,462)7.42 5106 SMIC Power Sales 4,447 4,447 3,417 1,030 41,000 (36,553)10.85 5109 Washdown Pad Fees 0 0 683 (683)8,200 (8,200)0.00 5153 Fuel Pumping Fee 0 0 250 (250)3,000 (3,000)0.00 5800 Labor & Services 0 0 83 (83)1,000 (1,000)0.00 5901 EF Investment Interest 1,593 1,593 0 1,593 0 1,593 0.00 5940 Amortization of Contributions-in-Aid 0 0 42,165 (42,165)505,980 (505,980)0.00 Total Revenues 62,244$62,244$84,263$(22,019)$1,011,175$(948,931)$6.16$ Monthly Budget Expenditure Report by Fund Page: 5City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 SMIC Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 2,826 2,826 4,550 1,724 54,607 51,781 5.17 6001 Overtime 0 0 436 436 5,228 5,228 0.00 6100 Medicare 44 44 78 34 935 891 4.65 6102 Workers' Compensation 296 296 560 264 6,710 6,414 4.42 6201 Retirement Benefits 706 706 146 (560)1,743 1,037 40.53 6202 Health Insurance 1,691 1,691 2,349 658 28,182 26,491 6.00 6209 Contra-Retirement PERS DC Forfeitures (146)(146)0 146 0 146 0.00 Total Personnel Costs:5,417$5,417$8,119$2,702$97,405$91,988$5.56$ Non-Personnel Costs: 7001 Communications 0 0 42 42 500 500 0.00 7002 Postage and Freight 0 0 459 459 5,500 5,500 0.00 7004 Insurance 7,702 7,702 1,200 (6,502)14,400 6,698 53.49 7006 Legal 0 0 833 833 10,000 10,000 0.00 7009 Contracted Services 735 735 2,501 1,766 30,000 29,265 2.45 7015 Utilities 1,169 1,169 1,250 81 15,000 13,831 7.79 7016 Heating Fuel (274)(274)417 691 5,000 5,274 (5.49) 7100 General Power for Resale 3,109 3,109 2,167 (942)26,000 22,891 11.96 7102 Power Fuel Costs 0 0 208 208 2,500 2,500 0.00 7211 Gas & Lube 343 343 833 490 10,000 9,657 3.43 7215 Operating Supplies 0 0 542 542 6,500 6,500 0.00 7216 Maintenance & Repair 0 0 3,000 3,000 36,000 36,000 0.00 7217 Small Tools & Equipment 0 0 417 417 5,000 5,000 0.00 7300 Advertising 0 0 250 250 3,000 3,000 0.00 7321 Harbor General Indirect Costs 0 0 5,151 5,151 61,804 61,804 0.00 7322 Harbor Admin Indirect Costs 0 0 5,422 5,422 65,054 65,054 0.00 7323 SMIC General Indirect Costs 0 0 11,278 11,278 135,347 135,347 0.00 7324 Gen Fund Indirect Costs 0 0 8,128 8,128 97,540 97,540 0.00 7325 Harbor Internal Cost Allocation 0 0 (11,279)(11,279)(135,347)(135,347)0.00 7330 P.I.L.T.0 0 2,169 2,169 26,036 26,036 0.00 7331 Reclass PILT to Transfer-Out 0 0 (2,169)(2,169)(26,036)(26,036)0.00 7900 Depreciation Expense 0 0 84,825 84,825 1,017,898 1,017,898 0.00 8300 Debt Service Principal 98,008 98,008 8,167 (89,841)98,008 0 100.00 Total Non-Personnel Costs:110,792$110,792$125,811$15,019$1,509,704$1,398,912$7.34$Total Expenditures 116,209$116,209$133,930$17,721$1,607,109$1,490,900$7.23$ Monthly Budget-to-Actual Revenue Report -- By Fund Page: 5City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM Electric Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 5300 Residential 130,170 130,170 116,231 13,939 1,394,769 (1,264,599)9.33 5302 Residential fuel factor 128,852 128,852 118,634 10,218 1,423,604 (1,294,752)9.05 5303 Residential customer charge 43,722 43,722 41,888 1,834 502,661 (458,939)8.70 5310 SG Service 59,256 59,256 72,532 (13,276)870,384 (811,128)6.81 5312 SG fuel factor 52,811 52,811 51,804 1,007 621,648 (568,837)8.50 5313 SG Customer Charge 20,712 20,712 18,764 1,948 225,170 (204,458)9.20 5320 LG Service 79,653 79,653 113,222 (33,569)1,358,664 (1,279,011)5.86 5322 LG fuel factor 134,697 134,697 150,687 (15,990)1,808,242 (1,673,545)7.45 5323 LG customer charge 3,821 3,821 3,817 4 45,802 (41,981)8.34 5324 LG demand charge 98,631 98,631 118,448 (19,817)1,421,372 (1,322,741)6.94 5340 Spec. Contract Energy 22,082 22,082 40,520 (18,438)486,240 (464,158)4.54 5342 Special Contract fuel factor 28,235 28,235 41,165 (12,930)493,974 (465,739)5.72 5343 Spec. Contract customer charge 130 130 89 41 1,064 (934)12.19 5345 Special Contract Demand 36,833 36,833 35,319 1,514 423,828 (386,995)8.69 5350 Harbor Fund Power Sales 17,332 17,332 25,833 (8,501)310,000 (292,668)5.59 5352 Harbor power fuel factor 12,764 12,764 9,167 3,597 110,000 (97,236)11.60 5360 Street & Yard 6,385 6,385 5,833 552 70,000 (63,615)9.12 5362 Yard Light Fuel 774 774 333 441 4,000 (3,226)19.35 5801 Turn on Fees 601 601 1,667 (1,066)20,000 (19,399)3.01 5802 Equipment Rental 0 0 1,667 (1,667)20,000 (20,000)0.00 5803 Joint Pole Use 0 0 833 (833)10,000 (10,000)0.00 5804 Work Order Revenue 0 0 1,667 (1,667)20,000 (20,000)0.00 5890 Collection of Doubtful Accounts 0 0 83 (83)1,000 (1,000)0.00 5899 Miscellaneous Revenue 0 0 417 (417)5,000 (5,000)0.00 5901 EF Investment Interest 16,107 16,107 583 15,524 7,000 9,107 230.10 5905 EF Penalties and Interest 4,014 4,014 4,167 (153)50,000 (45,986)8.03 5940 Amort. of CIA - General 0 0 80,360 (80,360)964,315 (964,315)0.00 5941 Amort.Bond Premium 0 0 1,153 (1,153)13,834 (13,834)0.00 Total Revenues 897,582$897,582$1,056,883$(159,301)$12,682,571$(11,784,989)$7.08$ Monthly Budget Expenditure Report by Fund Page: 6City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Electric Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 40,957 40,957 86,833 45,876 967,539 926,582 4.23 6001 Overtime 3,894 3,894 5,574 1,680 66,881 62,987 5.82 6002 Standby Time 5,363 5,363 8,029 2,666 96,353 90,990 5.57 6100 Medicare 840 840 1,437 597 17,239 16,399 4.88 6102 Workers' Compensation 3,677 3,677 7,055 3,378 84,648 80,971 4.34 6200 Leave Time 5,242 5,242 8,603 3,361 103,235 97,993 5.08 6201 Retirement Benefits 9,114 9,114 16,354 7,239 184,062 174,947 4.95 6202 Health Insurance 14,986 14,986 24,059 9,073 301,823 286,837 4.97 6204 Meal Allowance 0 0 600 600 7,200 7,200 0.00 6205 Electric Union Benefits 156 156 1,750 1,594 21,000 20,844 0.74 6209 Contra-Retirement PERS DC Forfeitures (943)(943)0 943 0 943 0.00 Total Personnel Costs:83,286$83,286$160,294$77,008$1,849,980$1,766,694$4.50$ Non-Personnel Costs: 7001 Communications 1,112 1,112 1,791 679 21,500 20,388 5.17 7002 Postage and Freight 247 247 1,916 1,669 23,000 22,753 1.07 7003 Bank and Credit Card Fees 5,518 5,518 4,833 (685)90,760 85,242 6.08 7004 Insurance 33,050 33,050 5,417 (27,633)65,000 31,950 50.85 7006 Legal 0 0 5,000 5,000 60,000 60,000 0.00 7009 Contracted Services 0 0 36,500 36,500 438,000 438,000 0.00 7010 Engineering 0 0 2,500 2,500 30,000 30,000 0.00 7011 Testing 86 86 42 (44)500 414 17.20 7012 Other Special Services 0 0 1,250 1,250 18,000 18,000 0.00 7015 Utilities 12,032 12,032 10,125 (1,907)121,500 109,468 9.90 7016 Heating Fuel 0 0 1,500 1,500 18,000 18,000 0.00 7017 Rents & Leases 67 67 1,917 1,850 23,000 22,933 0.29 7101 Chugach Power Purchases 18,314 18,314 187,207 168,893 2,246,484 2,228,170 0.82 7102 Power Fuel Costs 0 0 242,705 242,705 2,912,460 2,912,460 0.00 7103 Fuel for Generators 0 0 8,334 8,334 100,000 100,000 0.00 7210 Vehicle Supplies 352 352 833 481 10,000 9,648 3.52 7211 Gas & Lube 0 0 3,167 3,167 38,000 38,000 0.00 7212 Uniform Allowance 0 0 125 125 1,500 1,500 0.00 7213 Safety Equipment 0 0 500 500 6,000 6,000 0.00 7215 Operating Supplies 902 902 15,250 14,348 183,000 182,098 0.49 7216 Maintenance & Repair 1,232 1,232 7,501 6,269 90,000 88,768 1.37 7217 Small Tools & Equipment 229 229 2,083 1,854 25,000 24,771 0.91 7300 Advertising 0 0 500 500 6,000 6,000 0.00 7301 Subscriptions & Dues 0 0 7,134 7,134 85,600 85,600 0.00 7302 Travel & Subsistence 0 0 2,334 2,334 28,000 28,000 0.00 7303 Education & Training 0 0 2,334 2,334 28,000 28,000 0.00 7304 Equipment Rent 0 0 2,083 2,083 25,000 25,000 0.00 7307 GF Administrative Fee 0 0 79,442 79,442 953,306 953,306 0.00 7330 P.I.L.T.0 0 77,650 77,650 931,794 931,794 0.00 7331 Reclass PILT to Transfer-Out 0 0 (77,650)(77,650)(931,794)(931,794)0.00 7808 Bad Debt Expense 0 0 2,500 2,500 30,000 30,000 0.00 7810 Miscellaneous Expense 22 22 2,917 2,895 35,000 34,978 0.06 Monthly Budget Expenditure Report by Fund Page: 7City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Electric Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget 7900 Depreciation Expense 0 0 129,286 129,286 1,551,440 1,551,440 0.00 8010 Utility Deposit Interest 111 111 100 (11)1,200 1,089 9.22 8012 Debt Service Interest Expense 90,100 90,100 15,017 (75,083)180,200 90,100 50.00 8014 Amortization of Bond Issue Costs 0 0 1,742 1,742 20,903 20,903 0.00 8101 Infrastructure 0 0 11,667 11,667 140,000 140,000 0.00 8103 Capital Equipment 0 0 4,583 4,583 55,000 55,000 0.00 8104 Motor Pool Rent 0 0 22,500 22,500 270,000 270,000 0.00 8200 Work Order Sal/Benefit credits 0 0 (5,000)(5,000)(60,000)(60,000)0.00 8201 Work Order Operating Supply credits 0 0 (2,500)(2,500)(30,000)(30,000)0.00 8300 Debt Service Principal 0 0 13,750 13,750 165,000 165,000 0.00 Total Non-Personnel Costs:163,374$163,374$830,885$667,511$10,006,353$9,842,979$1.63$Total Expenditures 246,660$246,660$991,179$744,519$11,856,333$11,609,673$2.08$ Monthly Budget-to-Actual Revenue Report -- By Fund Page: 6City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM Water Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 5300 Residential 42,341 42,341 39,708 2,633 476,492 (434,151)8.89 5310 SG Service 9,312 9,312 11,035 (1,723)132,422 (123,110)7.03 5320 LG Service 14,487 14,487 18,638 (4,151)223,654 (209,167)6.48 5330 SMIC Sales 3,857 3,857 5,118 (1,261)61,419 (57,562)6.28 5340 Spec. Contracts 5,940 5,940 24,092 (18,152)289,106 (283,166)2.05 5801 Turn on Fees 166 166 864 (698)10,369 (10,203)1.60 5806 Ship Water 198 198 8,798 (8,600)105,580 (105,382)0.19 5807 Hydrant Rentals 10,481 10,481 10,305 176 123,655 (113,174)8.48 5899 Miscellaneous Revenue 0 0 864 (864)10,369 (10,369)0.00 5901 EF Investment Interest 5,763 5,763 433 5,330 5,191 572 111.02 5905 EF Penalties and Interest 66 66 173 (107)2,079 (2,013)3.19 5940 Amort. of CIA - General 0 0 17,424 (17,424)209,090 (209,090)0.00 Total Revenues 92,611$92,611$137,452$(44,841)$1,649,426$(1,556,815)$5.61$ Monthly Budget Expenditure Report by Fund Page: 8City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Water Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 9,486 9,486 21,045 11,559 187,526 178,040 5.06 6001 Overtime 309 309 353 44 4,226 3,917 7.32 6002 Standby Time 571 571 822 251 9,862 9,291 5.79 6100 Medicare 174 174 282 108 3,387 3,213 5.13 6102 Workers' Compensation 740 740 1,012 272 12,141 11,401 6.09 6200 Leave Time (2,390)(2,390)1,702 4,092 20,420 22,810 (11.70) 6201 Retirement Benefits 2,500 2,500 3,707 1,207 44,470 41,970 5.62 6202 Health Insurance 6,838 6,838 7,845 1,007 104,640 97,802 6.54 6209 Contra-Retirement PERS DC Forfeitures (478)(478)0 478 0 478 0.00 Total Personnel Costs:17,750$17,750$36,768$19,018$386,672$368,922$4.59$ Non-Personnel Costs: 7001 Communications 482 482 1,000 518 12,000 11,518 4.02 7002 Postage and Freight 48 48 542 494 6,500 6,452 0.74 7003 Bank and Credit Card Fees 759 759 500 (259)10,950 10,191 6.93 7004 Insurance 8,552 8,552 917 (7,635)11,000 2,448 77.74 7006 Legal 0 0 417 417 5,000 5,000 0.00 7009 Contracted Services 0 0 6,250 6,250 75,000 75,000 0.00 7011 Testing 375 375 917 542 11,000 10,625 3.41 7012 Other Special Services 0 0 0 0 250 250 0.00 7015 Utilities 15,863 15,863 21,583 5,720 259,000 243,137 6.12 7211 Gas & Lube 0 0 875 875 10,500 10,500 0.00 7213 Safety Equipment 0 0 250 250 3,000 3,000 0.00 7215 Operating Supplies 173 173 3,708 3,535 44,500 44,327 0.39 7216 Maintenance & Repair 80 80 2,083 2,003 25,000 24,920 0.32 7217 Small Tools & Equipment 0 0 542 542 6,500 6,500 0.00 7300 Advertising 0 0 83 83 1,000 1,000 0.00 7301 Subscriptions & Dues 0 0 142 142 1,700 1,700 0.00 7302 Travel & Subsistence 0 0 467 467 5,600 5,600 0.00 7303 Education & Training 0 0 467 467 5,600 5,600 0.00 7304 Equipment Rent 0 0 667 667 8,000 8,000 0.00 7307 GF Administrative Fee 0 0 21,916 21,916 262,991 262,991 0.00 7330 P.I.L.T.0 0 9,047 9,047 108,569 108,569 0.00 7331 Reclass PILT to Transfer-Out 0 0 (9,047)(9,047)(108,569)(108,569)0.00 7808 Bad Debt Expense 0 0 167 167 2,000 2,000 0.00 7810 Miscellaneous Expense 0 0 150 150 1,800 1,800 0.00 7900 Depreciation Expense 0 0 32,683 32,683 392,199 392,199 0.00 8012 Debt Service Interest Expense 0 0 1,639 1,639 19,669 19,669 0.00 8104 Motor Pool Rent 0 0 417 417 5,000 5,000 0.00 8300 Debt Service Principal 0 0 11,431 11,431 137,175 137,175 0.00 Total Non-Personnel Costs:26,332$26,332$109,813$83,481$1,322,934$1,296,602$1.99$Total Expenditures 44,082$44,082$146,581$102,499$1,709,606$1,665,524$2.58$ Monthly Budget-to-Actual Revenue Report -- By Fund Page: 7City of Seward For 1/31/2019 Run: 3/19/2019 at 3:58 PM Wastewater Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance Over/(Under) Budget Annual Budget Variance Over/(Under) Budget % of Annual Budget Revenues 5300 Residential 56,753 56,753 53,596 3,157 643,152 (586,399)8.82 5310 SG Service 11,919 11,919 17,289 (5,370)207,471 (195,552)5.74 5320 LG Service 19,206 19,206 24,982 (5,776)299,786 (280,580)6.41 5330 SMIC Sales 1,964 1,964 3,320 (1,356)39,834 (37,870)4.93 5801 Turn on Fees 2,400 2,400 0 2,400 0 2,400 0.00 5809 Water/Seward Misc. Service 0 0 216 (216)2,589 (2,589)0.00 5901 EF Investment Interest 5,460 5,460 173 5,287 2,079 3,381 262.62 5905 EF Penalties and Interest 138 138 130 8 1,556 (1,418)8.90 5940 Amort. of CIA - General 0 0 33,204 (33,204)398,445 (398,445)0.00 Total Revenues 97,840$97,840$132,910$(35,070)$1,594,912$(1,497,072)$6.13$ Monthly Budget Expenditure Report by Fund Page: 9City of SewardRun: 3/19/2019 at 4:00 PM For 1/31/2019 Wastewater Enterprise Fund Actual Month Y-T-D Actual Y-T-D Budget Variance (Over)/Under Budget Annual Budget Variance (Over)/Under Budget % of Annual Budget ExpendituresPersonnel Costs: 6000 Salaries 5,366 5,366 16,082 10,716 142,969 137,603 3.75 6001 Overtime 200 200 264 64 3,170 2,970 6.32 6002 Standby Time 255 255 541 286 6,492 6,237 3.92 6100 Medicare 105 105 224 119 2,696 2,591 3.88 6102 Workers' Compensation 357 357 730 373 8,749 8,392 4.08 6200 Leave Time 2,783 2,783 1,591 (1,192)19,091 16,308 14.58 6201 Retirement Benefits 1,386 1,386 2,820 1,434 33,844 32,458 4.10 6202 Health Insurance 3,383 3,383 4,781 1,398 64,586 61,203 5.24 6209 Contra-Retirement PERS DC Forfeitures (86)(86)0 86 0 86 0.00 Total Personnel Costs:13,749$13,749$27,033$13,284$281,597$267,848$4.88$ Non-Personnel Costs: 7001 Communications 482 482 692 210 8,300 7,818 5.81 7002 Postage and Freight 48 48 391 343 4,700 4,652 1.02 7003 Bank and Credit Card Fees 1,055 1,055 667 (388)13,730 12,675 7.68 7004 Insurance 2,816 2,816 667 (2,149)8,004 5,188 35.19 7006 Legal 0 0 1,000 1,000 12,000 12,000 0.00 7009 Contracted Services 0 0 8,750 8,750 105,000 105,000 0.00 7011 Testing 1,720 1,720 2,250 530 27,000 25,280 6.37 7012 Other Special Services 0 0 0 0 500 500 0.00 7015 Utilities 9,865 9,865 18,166 8,301 218,000 208,135 4.53 7016 Heating Fuel 0 0 292 292 3,500 3,500 0.00 7017 Rents & Leases 0 0 17 17 200 200 0.00 7211 Gas & Lube 0 0 808 808 9,700 9,700 0.00 7213 Safety Equipment 0 0 125 125 1,500 1,500 0.00 7215 Operating Supplies 0 0 1,417 1,417 17,000 17,000 0.00 7216 Maintenance & Repair 34 34 2,459 2,425 29,500 29,466 0.12 7217 Small Tools & Equipment 0 0 333 333 4,000 4,000 0.00 7300 Advertising 0 0 33 33 400 400 0.00 7301 Subscriptions & Dues 0 0 375 375 4,500 4,500 0.00 7302 Travel & Subsistence 0 0 433 433 5,200 5,200 0.00 7303 Education & Training 0 0 317 317 3,800 3,800 0.00 7304 Equipment Rent 0 0 500 500 6,000 6,000 0.00 7307 GF Administrative Fee 0 0 13,384 13,384 160,606 160,606 0.00 7330 P.I.L.T.0 0 7,952 7,952 95,427 95,427 0.00 7331 Reclass PILT to Transfer-Out 0 0 (7,952)(7,952)(95,427)(95,427)0.00 7808 Bad Debt Expense 0 0 167 167 2,000 2,000 0.00 7810 Miscellaneous Expense 0 0 100 100 1,200 1,200 0.00 7900 Depreciation Expense 0 0 29,765 29,765 357,184 357,184 0.00 8012 Debt Service Interest Expense 0 0 1,407 1,407 16,878 16,878 0.00 8104 Motor Pool Rent 0 0 417 417 5,000 5,000 0.00 8300 Debt Service Principal 0 0 4,883 4,883 58,599 58,599 0.00 Total Non-Personnel Costs:16,020$16,020$89,815$73,795$1,084,001$1,067,981$1.48$Total Expenditures 29,769$29,769$116,848$87,079$1,365,598$1,335,829$2.18$ 1 3/14/2019 9:40 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 7:30pm CC WS Mtg - Review Interim CM Candidates (Council Chambers) 7:00pm P&Z Mtg (Council Chambers) 12:00pm CC Joint WS w/PACAB (Council Chambers) 1:00pm PACAB Mtg 12:00pm CC WS Mtg - Review Agenda Packet (Council Chambers) 9:00am CC WS Mtg - Review City Manager 10:30am CC Special Mtg (Council Chambers) 10 11 12 13 14 15 16 7:00pm CC Mtg (Chambers) 1:00pm Doug - Loren Lehman 6:00pm HPC Special Mtg (Coucil Meeting) 6:00pm HPC WS Mtg - 7:30pm HPC Reg Mtg - 3:00pm Farewell Pot Luck Celebration for Jeff Bridges (City Council 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 5:15pm CC Joint WS Mtg (Council 7:00pm CC Mtg (Chambers) 31 Apr 1 2 3 4 5 6 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 2 3/14/2019 9:40 AMCouncil Calendar 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 2019 Su Mo Tu We Th Fr Sa 1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 May 2019April 2019 Mar 31 Apr 1 2 3 4 5 6 6:00pm CC WS Mtg - Review Audit Procedures (Council Chambers) 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 7 8 9 10 11 12 13 7:00pm CC Mtg (Chambers) 14 15 16 17 18 19 20 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 21 22 23 24 25 26 27 7:00pm CC Mtg (Chambers) 28 29 30 May 1 2 3 4 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 3 3/14/2019 9:40 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 May 2019 Su Mo Tu We Th Fr Sa 12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 June 2019May 2019 Apr 28 29 30 May 1 2 3 4 12:00pm PACAB Mtg 5 6 7 8 9 10 11 7:00pm P&Z Mtg (Council Chambers) 12:00pm CC WS Mtg (Council Chambers) 12 13 14 15 16 17 18 7:00pm CC Mtg (Chambers) 12:00pm PACAB Work Session (Chambers) 19 20 21 22 23 24 25 6:00pm P&Z WS (Chambers) 12:00pm CC WS Mtg (Council Chambers) 26 27 28 29 30 31 Jun 1 City Holiday - Memorial Day 7:00pm CC Mtg (Chambers) SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY