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HomeMy WebLinkAbout10122020 City Council Packet Seward City Council Agenda Packet CoCumbus Day is • 12, 2020 Monday, October 12, 2020 City Council • - C - • at 7:00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT OCTOBER 12, 2020 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, October 12, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony has been created. How To Submit Your CITIZEN COMMENTS 1. Email your WRITTEN comments to clerkgcityofseward.net no later than 2:00 p.m. on Monday, October 12, 2020. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email,please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerkLcityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 2:00 p.m. on Monday, October 12, 2020. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk—if you do not receive this email, please call the clerk at 224-4045. • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting October 12, 2020 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Sharyl Seese signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total speaking time for this agenda item.] Term Expires 2021 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval John Osenga of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. Council Member In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2021 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Tony Baclaan Council Member A. Proclamations and Awards —None Term Expires 2022 B. Borough Assembly Report Julie Crites Council Member C. City Manager Report .................................... Pg. 3 Term Expires 2020 D. Other Reports and Announcements —None Vacant Council Member E. Presentations—None Term Expires 2022 Scott Meszaros City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney City of Seward, Alaska Council Agenda October 12, 2020 Page I 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five(5) minutes per person.After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Ordinances for Public Hearing and Enactment 1. Ordinance 2020-012, Amending Seward City Code Chapter 15 Regarding Commercial Communications Towers To Provide Special Provisions For Such Land Use. ........................................................................................ Pg. 19 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Resolutions *1. Resolution 2020-081, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. ...................... Pg. 29 B. Other New Business Items *1. Approval of the September 28, 2020 City Council Regular Meeting Minutes. Pg. 31 *2. Non-objection for the renewal of the Retail Marijuana License 917758 for The Tufted Puffin, LLC. .................................................................... Pg. 40 *3. Certify the October 6, 2020 Regular Municipal Election Results. .............. Pg. 70 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. City Clerk's Report on Public Records Requests through October 5, 2020 Pg. 74 B. Deputy City Clerk Memo on Records Destruction through December, 2019 Pg. 75 C. Account Write-Offs for Electric, Water, Sewer, Harbor, and SMIC ........... Pg. 77 It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Go into executive session regarding the Jesse Lee Home, per SCC 2.10.010 (b) (3) matters pertaining to threatened or pending litigation. 14. ADJOURNMENT City of Seward, Alaska Council Agenda October 12, 2020 Page 2 2 CITY OF SEWARD Scott Meszaros P.O. BOX 167 Ph: (907) 224-4047 SEWARD,AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT OCTOBER 12,2020 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 9/28/2020 Public Works $28,900 De-icing products for roads & streets City of Seward Personnel Transactions Separations: Department: Date of Separation: Police Dispatcher Police 10/11/2020 New Hires: Department: Date of Hire: Campground Coordinator SPRD 10/01/2020 Harbor Worker II Harbor 10/01/2020 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 1/27/2020 Finance Director Finance Advertising Since 4/28/2020 Manager Electric Utility Administration Advertising Since 6/11/2020 Accounting Tech I Finance Advertising Since 9/11/2020 Library Seasonal Aide Library Advertising Since 9/14/2020 Available Seasonal Positions: Department: Position Status: None FINANCE Applications for CARES Act business relief round 2 (flat grant of$1,000)will be available and accepted until October 16, 2020 at 5pm. Applications are available on the City website and only require proof of Alaska residency and a W-9. As of 10/2/2020, Finance has only received 9 applications. Checks are cut and mailed as applications are received and reviewed. Finance has submitted all 2019 financial reports, analyses, and statistics to Altman Rogers for final review and printing of the CAFR. The presentation of the 2019 financials and CAFR is slated for the October 261' Council meeting. We again want to thank Council and the public for their patience in wrapping up the audit in such a weird year. 3 In July, in accordance with Alaska Statute (AS) 39.35.004, the State of Alaska Division of Retirement and Benefits auditors conducted a Public Employees' Retirement System (PERS) audit of the City of Seward to determine compliance with the retirement system. The audit came back clean with no issues or findings of PERS noncompliance. A copy of their audit report is available on the City website in the document center under Finance. Acting Finance Director participated in the Alaska Remote Seller Sales Tax Commission (ARSSTC) quarterly update. Sales tax collected through 6/30/2020 statewide totaled $1.2 million. Seward's YTD remote sales tax collections total $26,465. HARBOR Mr. Leirer's letter will be read by the Mayor at the meeting. This message below from the Harbormaster was sent to Council and PACAB as a formal response to Mr. Leirer's letter dated October 2, 2020. Mr. Leirer's letter will be read by Mayor Terry at the October 12te council meeting. The attachments that are referenced in this message are available upon request. "The City of Seward is now and has always been concerned with pollution. I have sent EVOS a letter dated July 2020 requesting funding for the Seward harbor washdown pad, (Attached). Their meeting is October 14rh. I'm not sure if they decide then or take it up at another meeting on funding the project. (COVID???) I have asked for and received support letters from vendors working within the city for a washdown pad. (Attached) the support letters also have been forwarded to the EVOS committee. The harbor also worked with R&M engineering utilizing the city's engineering contract for a washdown pad estimate. (Attached). It is also the storage yard's responsibility, not the City's, to comply with their(SWPPP) Storm Water Pollution Prevention Plan, which should be filed with DEC. (Not sure if the storage yards have one since I have not seen any). The City of Seward cannot control what transpires in a private yard." 4 PARKS & RECREATION MISSION Preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations. COVID-19 Response: • AVTEC has closed the gym (aka Student Services Center)to the public until further notice. GENERAL UPDATES Little League Field Retaining Wall Repair Exploring options to repair Little League Field retaining wall, including replacing fencing, grading for adequate drainage, and meeting ADA requirements. Received $46K bid from Harmon Construction. UTILIZATION: September 18 —September 30 Campground Rentals 827 Pavilion Rentals 2 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 tent and RV campsites. Visit Campspot via our campground's page to check site availability and to reserve your site today: https://www.cityofseward.us/departments/parks-recreation/campgrounds SPORTS & RECREATION Sports &Rec @AVTEC Gym Seward Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement. Visit RecDesk to view the activity calendar, register for a gym membership, and more: htlps://seward.recdesk.com/Communiiy/Home ELECTRIC • There have been three unrelated outages during the past two weeks. Two of the outages were transmission line related, resulting in the start of the Fort Raymond Power Plant. The plant was operating within one hour of the start of each outage, so most customers saw an outage of less than an hour. The non-transmission line outage occurred when a fuse failed on one phase of the town line circuit, resulting in a three-hour outage that hopscotched the downtown Seward area. 5 • Year-to-date kilowatt hour sales continue to exceed the sales from 2019. We did see a significant drop in July sales, but the above average sales in January and February 2020 (when it was very cold) led to overall good sales in 2020. • The Electric Department will be ready to discuss timelines for work on our Interconnection process at the October 71h PACAB meeting. Customers who wish to install solar panels and wind turbines should be able to easily connect, with some limits, to our system. Bi-directional meters that measure when more power is being produced than used by a customer's generation system have been programmed at National Meter company and should be in Seward by mid-October. COMMUNITY DEVELOPMENT • Preparing resolution for Council approval to go out to RFP for Seward Animal Shelter. • Working on Gateway subdivision assessment district • Working with Contractor on Jesse Lee Home demo • Planner Kozielski is working on GIS updates, Cemetery Data and plan with Parks and Rec • Presented plans for"Walkable Murals" to the Planning and Zoning Commission at their September 18th work session • Presented plans for"Walkable Murals"to the Historic Preservation Commission at their October 81h regular meeting session • Scheduled joint work sessions with the HP Advisory Commission the first one will be November 1, 2020 from 6PM to 7PM • Held a joint work session with Seward/Bear Creek Flood board on the Beach Nourishment project on October 6th • Hired Temporary Planning Assistant Brooke Estes-Welcome Brooke • We have included a FAQ Community Development"Did you Know" on next page. 6 Community Development Department Frequently Asked Questions What is my zoning? Community Development can tell you in which zoning district your property is located. You will need to provide either your street address or KPB Parcel Number or both. We have a digitized version of the Zoning Map it is available on the City of Seward webpage for your convenience. If further information is needed, you can call or send an email to planningggilyofseward.net. What are my setback requirements? Community Development department maintains a map that shows zoning for every parcel in the City. The map can be viewed at the Community Development office, or anyone can call 224-4048 to speak with a planner regarding specific zoning, setback, and related questions. Each zoning district establishes minimum setback requirements for the front, sides and rear yards. Some lots, such as corner or oddly configured lots, require that planning staff make a determination with respect to where each setback applies. Staff will consider the access to the lot and orientation of the house among other factors when making such a determination. What are the requirements to establish a business in my home or operate a short-term rental? If you wish to conduct a business from your home or operate a short-term rental within the City of Seward, you must file for a City Business License and Lodging permit. To ask questions regarding a specific business you are proposing to establish and to determine what the requirements might be, you may call 224-4020 or 224-4049 to speak with Community Development or send an email request to planninggcityofseward.net. Can I build a storage shed/garage in my back yard? Placement is dependent on minimum setbacks, maximum height requirements and lot coverage, which are dependent on your property's zoning. Call Community Development to obtain the specific standards for your property. You will also need to contact the Building Department 224-3445 to obtain a building permit. Can I add on to my house/convert my garage into living space (e.g., bedroom,family room, etc...)? Any addition and remodeling requires a building permit. Your permit will then be reviewed by all necessary city departments prior to issuance of a building permit. You can contact the Building Department to obtain a building permit 224-3445. Why does the City have all these land use rules?Why can't I just do what I want with my property? The Seward City Code and Charter sets forth the general principles and strategies to be used by the City to guide land use decisions and the growth and development, as shaped by the public, City Council and Planning &Zoning Commissioners. Federal and State land use laws and regulations aside, the City of Seward has established land use regulations to protect the health and general welfare of all citizens and to manage growth and development responsibly. Citizens themselves through their opportunity to vote fortheir elected officials and to participate in public meetings, affect what kind of regulations the City adopts. The current City of Seward Zoning Code has been amended several times since its adoption. Each amendment process involves significant public involvement and input. Any member of the public, as well as the City Council, Planning and Zoning Commission or staff may initiate an amendment at any time. Why is land use so important? The Seward Zoning Code regulates the development and use of land within the City. These regulations protect the health, safety and general welfare of residents and property owners by creating zones to prevent incompatible uses in close proximity to each other. The regulations also maintain the character of established neighborhoods and prevent inappropriate activates, such as alcohol sales near parks and schools. Permitted and conditional uses are designated for each zoning district. Permitted uses are controlled by specific regulation, such as setback from a structure to the property line, height of the structure, number of parking spaces, etc. An example of a permitted use is a single-family residence. A permit is required when a proposed use may have a different operating characteristic than those permitted in the zoning district. What is code compliance and why is it important? Through our Seward City codes and ordinances, the City Council sets minimum requirements and standards regarding property and structures to promote and protect the public health, convenience, order, and general safety of all its citizens. These minimum standards are designed to preserve and improve the quality of life for present and future citizens of the City and promote a sense of community, facilitate clean and peaceful neighborhoods. Preservation and improvement should be recognized by our City leaders as it is necessary to prevent the deterioration of our surroundings and enhance our quality of life. The most effective means of improving our community is through voluntary compliance, so educating and guiding our citizens is our top priority. Please visit www.cityofseward.us or https:Hlibrary.municode.com/ak/seward/codes/code_of ordinances for all City Code information. If you would like assistance obtaining information about your property,please contact your Community Development office: Jackie C.Wilde, Community Development Director 224- 4048 or Eric Kozielski,Planner 224-4020 238 Fifth Avenue, at the corner of Fifth and Adams SEWARD COMMUNITY LIBRARY & MUSEUM Express Service Update We've been open since May 21st, but the Library Front Desk moved back upstairs on September 91h as we move into the Express Service stage of our reopening. We continue to implement temporary modifications to our museum and library visits with COVID-19 mitigations to help slow the spread of the virus. Temporary modifications include one-hour time limit, limited seating, no in library interactives and modified Research Room and Community Room use. We were able to hire staff(starting mid-Oct)needed to resume evening hours, which we plan to resume the first week in November. Watch for a press release with our updated hours. Until then our closing time has been extended from 5pm to a 6pm closing time, Wed-Sat. Don't forget we're open by appointment on Tuesdays and we still offer curbside services. Express Service Hours Hours and services are subject to change due to COVID-19 and staff capacity. Website is kept updated: www.cityofseward.us/libmus • Library Hours: Tues by appt., Wed-Sat 1 lam-6pm • Museum Hours: Tues-Thurs by appt., Fri-Sat 12pm-5pm • 1 Hour Limit • Universal Face Coverings • Social Distancing • Hygienic Practices • No COVID-19 symptoms • Services available by walk-in, curbside delivery, or appointment 8 New Library Hours Start Nov. Yd We often heard people comment that they wished we were open for more evenings for more access and to accommodate more volunteer group meetings and events. We're also in favor of increasing access and supporting the good work that our volunteer groups do in our community! Starting on Nov. P, our regular open hours will change to Tuesday—Saturday, 11 am— 8pm. While this reduces our hours of service to 5 days a week and by 156 hours a year(three hours a week), our community gains 156 evenings of service, which also provides a more consistent schedule for both the public and staff. We look forward to serving you on Friday and Saturday evenings! Please note that we will continue our COVID-19 mitigation practices as recommended by the CDD and Alaska DHSS. Passport Appointments We have resumed passport appointments and are working through our wait list. Expedited service has also resumed with modified timeframes: Please call to be added to the list. Visit our passport webpage for more information: www.cityofseward.us/departments/library-museum/passports • Routine Service: 10-12 weeks, door-to-door, from date of application. • Expedited service: 4-6 weeks, door-to-door, from date of application for an additional $60. Research Room Use Available The Research Room, located on the second floor, may be reserved for up to two hours at a time by appointment or walk-in for one person or a small household group to conduct research, study, view microfiche, participate in a video conference, take an online course, or take a proctored test. It is equipped with two un-timed computers, a microfilm viewer, a printer with copier and scanner, a high-speed document scanner, a white board, and a special Alaska reference collection. Community Room Use Available The Community Room, located on the first floor, is 1168 sq. ft. is now available for public use. It is free to use to local nonprofits and volunteer groups if the event is free and open to the public and there's no intent to generate revenue. Food and drink are not allowed at this time and the Kitchenette is closed to help slow the spread of COVID-19. In order to reduce and limit contact between people, we recommend limiting capacity, social distancing, wearing a face covering at all times, observing hygienic practices and asking those who are sick or who have COVID-19 symptoms to stay home. The Meeting Room, located on the second floor, is being repurposed for staff social distancing and work and is not available at this time. Note: All touch surfaces are disinfected nightly, but we have limited capacity to disinfect all areas after each use during the day. As with any public space at this time, patrons and visitors assume their own personal risk and responsibility. Our COVID-19 mitigation is based on recommendations of the CDC and Alaska DHSS. Hand sanitizer, handwashing supplies and free masks are readily available to all and disinfecting supplies are available upon request. Observing CDC COVID-19 protective measures by patrons, visitors and staff are a courtesy we appreciate to help keep our community strong and healthy. Contact us at 907-224-4082 or libmusgcityofseward.net or visit www.cityofseward.us/libmus for more details and updates. 2020 CENSUS GIFT CARD GIVEAWAY ***EXTENDED*** Through October 31, or Census End Date,while supplies last There's still time to participate in the 2020 US Census- Seward's self-response rate is currently 51%. Stop by the Seward Community Library Museum and use one of our public access computers or Wi-Fi to take the 2020 9 Census or bring in your printed census confirmation page and receive a $5 gift card to Subway! Thank You to the Seward Chamber of Commerce for providing gift cards! MINI VIRTUAL STORY TIMES Fridays Ham - 11:15am Note:No Story Time on Friday, September 25 Join us on Facebook Live on Fridays: www.facebook.com/Seward.Communily.Library.Museum Watch the recorded video on our Vimeo channel: vimeo.com/sewardlibrarymuseum Mini Story Times last about 10-15 minutes including songs, a rhyme/finger play, and of course, a story! Mini Story Time is developed with preschool-aged children in mind, but all ages are welcome to join in the fun. FALL TAKE HOME CRAFT/ACTIVITY KITS 2ud and 411 Saturdays October 1011—October 23rd: Alaska Book Week October 24te- November 131e: Fantastic Fall Craft/Activity kits continue into the fall! The 2nd and 41' Saturday of the month, new craft kits for all ages will be available to pick up while supplies last! If you wish to reserve kits for your family, email alyongcityofseward.net. Kits will include age-appropriate information, activities, and crafts related to the themes listed above. COMMUNITY BOOK CLUB Saturday, October 17 Ilam— 12pm online via Zoom with author Heather Lende! The Community Book Club will take place the third Saturday of every month, October-April. Our first book will be the 3rd Alaska Reads selection, Find the Good,Unexpected Life Lessons from A Small-Town Obituary Writer by Heather Lende, now available to check out! Email alyon2cityofseward.net for an invitation to join our lively online discussion with author Heather Lende. The 2020-21 Alaska Reads officially launches Oct 5t', but Heather Lende, author of the 3rd biennial selection has agreed to join us for our first Community Book Club of the season on Zoom! From the book jacket: "As the obituary writer in a spectacularly beautiful but often dangerous spit of land in Alaska, Heather Lende knows something about last words and lives well lived. Now she's distilled what she's learned about how to live a more exhilarating and meaningful life into three words:find the good. It's that simple-and that hard. " Alaska Reads is a statewide reading initiative spanning genre and sharing the work of diverse living authors. Alaska Reads bridges vast distances through a shared story. The biennial, statewide program seeks to build excitement around contemporary Alaskan authors and the stories they tell. The selection committee is made up of librarians and writers from the major regions of the state and is chaired by Frank Soos, former Writer Laureate for the state. Director Kingsland is proud to have served on the selection committee since the program's inception in 2016. NATIONAL FRIENDS OF THE LIBRARY WEEK October 18 -24 Friends of Libraries groups have their very own national week of celebration! During this week we would like to encourage membership in the Friends of the Library, and raise awareness about their support of the library and community. Learn more about the Seward Community Library Association by visiting their website: htlps://www.friendsofsclm.org///. We would like to thank the SCLA for their annual support of our Community 10 Summer Reading Challenge, the Wish Tree Program to add new books to the children's,juniors, and young adult collections annually, and support collection development through funds from the used book sale. BOOK BUNCH: BOOK DISCUSSION FOR KIDS Wednesday, October 21 2 pin -3pin Online Meeting via Zoom Email alyon(a),cityofseward.net for meeting ID and passcode Our October Book Bunch is all about Alaska featuring suggested title Fighter in Velvet Gloves by Annie Boochever and Roy Peratrovich, Jr which is about Alaska civil rights hero Elizabeth Peratrovich. Fighter in Velvet Gloves is recommended for ages 10 and up. Younger children may read any book about Alaska and join in the fun! From the book j acket: "In 1945, when Elizabeth was 34 years old, she gave a powerful speech before a packed session of the Alaska Territorial Legislature. Her testimony about the evils of racism crownedyears of work by Alaska Native people and their allies and led to the passage of Alaska's landmark Anti-Discrimination Act, nearly two decades before President Lyndon Johnson signed the US Civil Rights Act of 1964." Book Bunch is designed with upper elementary age children in mind, but all ages/family members are welcome to join us! Don't forget to bring some silly jokes or riddles to share! The Seward Community Library Museum has 11 copies of Fighter in Velvet Gloves available for our patrons to check out. Ebooks are available through the Alaska Digital Library at adl.overdrive.com PUBLIC WORKS • The recent power outages are taking a toll on the Water and Wastewater controls and equipment. Our operators are working around the clock to fix electric outages by resetting and repairing controls and equipment at the water plant and the wastewater lift stations and lagoons. *Not always thought of in the outages, but without the diligence of our operators, the water would stop, and the sewer would get backed up throughout the City. • The Public Works Crews worked tirelessly for 3 days straight at the Lowell Creek Falls last week. We had shifts working 24 hours each day to clear the gravel debris from the tunnel that threatens the bridge across Lowell Creek. Metco equipment and operators were also called to the scene during the middle of the night for the worst of it and were instrumental in keeping the bridge from being buried. These two groups worked very efficiently together to successfully make it through a very long and tiring rain event. The flow of water, and gravel debris at the falls, normally runs at about 30 cubic feet per second this time of year. During this rainstorm, we fought through 1 1/2 days of flow that stayed above 320 cf/s! The peak flow was 380cf/s. • The massive rockslide off the mountain closed Lowell Point Road for a full day. It was completely unsafe to attempt clearing the area because the rocks were still actively falling off the mountain. Overnight, a lot of the large and most unstable rocks fell to the bottom. A large excavator and operator from Metco and a City loader were able to open enough of the area for a one lane road through the 11 rockslide zone. This lane remains open with that section passable. There is still unstable rock high above our reach. We are seeking more expertise on how to proceed with a plan to safely take down loose rocks and widen the road to 2 full lanes. This will not be quick or easy. For now, the large rocks along the mountain will stay in that lane to keep blocking more falling rocks from the road. We have cleared at least 6 other smaller rockslides in the last 2 weeks along with the normal misc. rocks that roll out in multiple places along the road. Please drive safe, don't stop along the road, and be courteous to other drivers and pedestrians. Below are graphics provided by the National Weather Service to illustrate the rainfall amount. PAWD is the Seward Airport: Seward(PAWD) Grouse Creek SNOTEL(GCRA2) Resurrection River (RESA2) 26-Sep 1.19 0.6 0.99 27-Sep 0.29 0.9 0.41 28-Sep 0.68 0.6 0.53 29-Sep 0.62 0.6 0.56 30-Sep 2.61 1.7 3.23 1-Oct 1.26 1.1 1.04 2-Oct 1.81 2.1 2.31 3-Oct 1.35 1.2 1.14 Total 9.81 8.8 10.21 Seward Area Rain from 9 f 26 through 10/3 sv s C 5 C cc M F 4 -Seward(PAWD) 2 -G rouse Creek SRIDTEL(GCRA2) -Resurrection River(RESA2) a o° o° � � 6> � � � A° cP a° 6° � Imp � � xP d] a° a �ti. �a �a titi yo 4a tix ti6 Qfk N. yo o°. titi is ati � . yo a Y o fk ti a o ,y61' fl,,a ova .ti6�' atio 6,yo .y6�' �.�❑ 6.�6 �61' 6,yo 6�a ,y6h' o.,a oyes ��� oyo 6.yo ry61 6.�0�' 6tio �61a 6,yo�'6ati.ti61 �1�r�r'1"0 ,�A1���,��ti���,��ti�r�g1���r'L�4��`'L q�oy14�����4y, q`„�6ko\'L�'�fl�'L yO�y\. ~� ,� v44ry1�6,�rti16�,�'�"L�Qyn,116y,,�'Ly64,�y'L yq Al 12 Photos 1 1 1 ' 14 13 c S�FT� r x n v n ' . : r a a , fI WeIt IN 0 rf ` Y t � � w a e , y V Also,please note the signs that are out on Lowell Point Road. The City is doing everything it can to keep our community safe. V LIMITED MAINTENANCE a DANGER :E FALLING ROCKS y � . PROCEED WITH CAUTION AVALANCHE AREA NEXT 2 MILES' rU ) SPEED ^R�'"� DO NOT STOP LIMIT �� � 2 5 �� '�;� jlli NEXT 2 MILES QO NOT STQP LIMITED MAINTENANCE F d "'Q1r:cric ei,nrr" Kk��i ruxv�sr �.. 15 ELECTRIC DEPT UPDATE Re: Power Outage on October 5, 2020 Seward initially lost power around 5:30am and the on-call crew was called. They responded and the first EMD/generator unit was started around 5:45am. The crew/plant had issues (an over- voltage condition on the 1 st gen unit) and the initial unit had to be shut down and another started, followed by 3 additional units, and then Fort Raymond picked up the town load (approx. 5.5 MW) at approximately 6:50am. Over the same generator startup period, the crew was able to determine that the fault was on the Nash Road section of the transmission line (due to blown 69 kV fuses at the intersection of Salmon Creek&Nash roads). Nash Road was isolated, and the remainder of the T-Line was spot checked with a high degree of confidence, verified good, and reenergized to the Lawing substation. Soon thereafter, the crew called for the Dave's Creek breaker to close, and the T-Line was returned to service except for Nash Road/Spring Creek substation and SMIC. The generators were shutdown at approximately 7:55am (4 units/635 gallon of fuel consumed). The crew then began line patrolling and troubleshooting the Nash Road transmission line to no avail, and no cause of the initial outage could be determined. Once we had confidence in the visual structural and electrical integrity of the T-Line, we refused/reenergized Nash Road and brought everyone back on at approximately 10:45am. Power held until about 11:15am when the Nash Road fuses blew again, putting Spring Creek and SMIC back in the dark. After more and more troubleshooting and line patrolling, we found a suspect section with Alders and pine trees growing into the lines around 1:30 —2pm. The crew began clearing the area, and found what was, to our satisfaction, verification of the cause of the outage: a burnt-up branch right under the power lines. The crew finished clearing the area, refused and reenergized Spring Creek/SMIC at approximately 2:30pm and power has been on ever since. Photos of the event are on the next page. 16 n d ivy" : y � W, . Ilk 'fir 4 -.. . �..• ., "� r �x Al � w �r a y e y t ".M N� 4 tv' YID 99 C �T1 Sponsored by: Planning & Zoning Commission Introduction Date: September 28, 2020 Public Hearing Date: October 12, 2020 Enactment Date: October 12, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15 REGARDING COMMERCIAL COMMUNICATIONS TOWERS TO PROVIDE SPECIAL PROVISIONS FOR SUCH LAND USE WHEREAS, Seward City Code Title 15, provides for commercial communications towers in the City of Seward; and WHEREAS, Planning and Zoning Commission staff has completed a review of portions of the City Code relating to commercial communications towers in the City of Seward; and WHEREAS, upon review, staff determined it important to provide a subsection of Article 2. — District Regulations specific to Commercial Communication Towers with the intent to provide for the purpose behind the ordinance and the special provisions for such a land use; and WHEREAS, the Planning and Zoning Commission held three (3) public work sessions on June 16, July 21, and August 18, 2020 to discuss code provisions addressing the process and standards for permitting communications towers; and WHEREAS, at its September 1, 2020 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed commercial communication tower code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Chapter 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows: (Deletions are St,i^'-en Ith ough, bog and gage Additions are italicized, underlined, and bolded.) 15.10.140 Definitions (b) b. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 19 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 27. Commercial Communications tower. A structure intended to support equipment used to transmit and/or receive communication siznals includinz monopoles, guyed and lattice steel structures. This definition does not include a tower that supports only one or more amateur radio antennas. 15.10.226 Land uses allowed. being feneed 15.10.226 - Land Uses Allowed Table (Deletions are Bold Stri ",th,,,,,, Additions are Bold Italic Underline) Districts: Principally Residential Principally Principally Commercial Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Commercial Communications -0 -0 -0 9 -9 0 tower, eemmer-eial satellit-e dishes, ess; tewefs, C C C C C C poles, and Ntennas less than 16 feet diameter or 75 feet in height Commercial Communications C C C tower, eemmeeeial Satelli-e dishes, jvhv ess; tewefs, poles, and Ntefinas 16 feet diameter or greater than 75 feet in height 15.10.250-Commercial Communications Towers. A. Purpose. The purpose of this section is to establish a process, rules, and standards for the sitinz and construction of wireless communication facilities to: (1) Protect and promote public health, safety and welfare; (2) Ensure that facilities are compatible with adjacent land uses; (3) Provide guidelines for the siting and design of communication facilities (4) Protect the City's environmental and economic resources including the viewshed, (5) Minimize the number of towers by encouraging the colocation of facilities and maximizinz the use of existinz structures; (6) Provide for the ability of communications companies to enhance wireless covera,-e and capacity services for the City's residents, businesses, and 20 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 visitors. B. Supplemental Definitions. (1) Total height. The distance as measured from the -round at the preexisting natural-rade to the topmost point of the entire tower and attachments. (2) Equipment. Refers to satellite dishes, antennas, and other wireless electronics intended to transmit and/or receive commercial communication simnals. (3) Stealth facility. Any tower/facility designed to make the structure look like somethinz other than a wireless facility. C. Permitting. The Planninz Commission may approve a conditional use permit for a communications tower in the AC, HC, CB,I,RM, and INS zonin,-districts, subject to the conditions in this section and sections 15.10.220, 15.10.320. (1) The application for a conditional use permit for a communications tower shall include the following information: (a)A written narrative explaininz why the proposed site has been chosen, why the communications tower is necessary, why the requested hei,-ht was chosen, and a full explanation re,-ardin,-the communication tower's ability to accommodate other providers; (b)Specifications for the communications tower and all equipment to be located on it, includinz a description of desi,-n characteristics and material; (c)A site plan drawn to scale showing property boundaries, communication tower location, communication tower hei,-ht, -uv wires and anchors and existin,-structures and land uses on the site and on adjacent property; (d)A map showing the locations of the applicant's existing communications towers that serve customers within the city, the proposed new communications tower, expected chap,-es to the applicant's existin,-covera,-e and capacity within the city, and/or other improvements to wireless service; (e)A report prepared by a person rezistered as a structural enzineer in Alaska showin,-the structural capacity of the communications tower, the equipment type and number to be installed, and that the communications tower and antennas are desimned to withstand winds in accordance with the latest revision ofANSIIEIA/TIA-222 standards ("Structural standards for steel 21 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 communications antenna towers and communications antenna supporting structures"); (fi Identification of the person or persons who will own the communication tower and the equipment that is to be located on it; (,-) Written authorization for the application from the owner of the site; (h)Evidence that the applicant has a valid FCC license for the use of the communications tower; (i) A line of si,-ht analysis showin,-the potential visual and aesthetic impacts of the communications tower on adiacent residential districts throu'-h the use of photo simulations of the communications tower, includin'-all antennas, structures, and equipment, usin,-three vantage points and photo simulations from locations requested by the plannin'-department; (i) A written agreement, on a form approved by the city attorney, to remove the communications tower and restore the site to its orizinal condition, and consistent to the natural grade, within one hundred ei,-hty days after the communications tower is substantially unused for a period of twelve consecutive months, and providinz that if the communications tower is not removed within this one hundred ei,-hty-day period, the city may remove the communications tower at the cost of the owner; (k)Any additional information required by the plannin'-department durin'-the application process for determination that all applicable zonin,-laws are met. (2)For permits issued under subsection 0.) of this section, the applicant must show all applicable conditions are met as follows: (a) Location and Visual Impacts. (i) The proposed location shall minimize the visual impact on the surroundinz area while allowin,-the communications tower to function in accordance with minimum standards imposed by the applicable communications re-ulations and the applicant's technical desi,-n requirements. (ii) Communications towers and attached antennas and equipment must be a color that blends with the surroundinz environment or complementary to the viewshed. Muted colors, earth tones, and subdued hues, such as-ray, 22 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 are preferable. All associated structures such as equipment buildin,-s, includinz the roofs, shall be painted with earth tone colors unless otherwise required under this code or other applicable law. (iii) Where necessary to make a communications tower compatible with the historical, environmental or cultural character of its location, the Planning Commission may require that the communications tower be stealth facility, hidden, or inte-rated as an architectural feature of a structure, to reduce its visual impact. (b)Inability to Collocate. (i) The applicant must show that it is not feasible to locate the proposed communications antenna and equipment on an existin'-structure within the area required for service. New towers shall be desiened to allow collocation of an equal number of facilities to the applicants present and reasonably foreseeable future requirements. (ii)A communications tower shall not be approved if it is located within one-half mile (two thousand sir hundred forty feet) of an existing communications tower, unless the applicant certifies that the existin'- communications tower does not meet the applicant's structural specifications and technical desi,-n requirements, or that a collocation agreement could not be obtained. (c) Setbacks and Safety. (i)In all allowable zonin,-districts, a communications tower must be located no less than a distance equal to the factor of 1.1 of the tower hei,-ht from any lot line; or the towers hi,-hest enzineered breakinz point, as certified from a person rezistered as a structural enzineer in Alaska. (ii) The tower and facilities will be fenced for security and screenin'- purposes, fencin,-shall be a minimum of 6 feet in hei,-ht. Landscapin'-may be required as additional screenin,-buffer between land uses. (iii) The structure and accessory facilities shall meet all applicable laws and code requirements includinz but not limited to health, nuisance, noise, fire, buildinz, and safety code requirements. (d)Zoning Requirements. With the exception for those requirements, established within this section, the commercial communications tower must 23 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 comply with all applicable zonin,-laws and re-ulations, includinz all laws -overninz land development, parkinz, lot size, and storage. (e) Sims. No suns may be located on a communications tower except for identification si,-na,-e, and safety si,-nage as required by law, re-ulation, and standards. (� Li,-htin,-. No li,-htin,-may be located on a communications tower except as reasonably required for safety purposes or as required by the Federal Communications Commission, Federal Aviation Administration or other -overnment a,-ency with iurisdiction. (g) Hei,-ht. The hei,-ht of a communications tower may not exceed the maximum tower hei,-ht specified in the conditional use permit or in this section. (h) Towers located on existing buildings.A communications tower may be mounted on an existinz buildin,-, as lon'-as it does not extend more than thirty feet(30') above the roofline and the applicable conditions of this section have been met. For example, if a building was constructed to its maximum allowed hei,-ht of thirty-four feet(34') in a zone, a communications tower/antenna may be placed on it provided that it is not more than thirty feet(30') above the hi,-hest part of the building. (i) Variances to development requirements may be granted pursuant to applications as provided for in SCC 15.10.325 (3) For permits issued under subsection 0.) of this section, (a)No decision reg-ulating the placement, construction or modification of a communications tower may be made on the basis of environmental or health effects of radio frequency emission if the antennas and other equipment on the communications tower comply with Federal Communications Commission re-ulations. (b)All permit applications shall be processed in a timely manner under the circumstances and not unreasonably delayed. (c) Denial of any permit application shall be in writing and supported by substantial evidence. 24 CITY OF SEWARD, ALASKA ORDINANCE 2020-012 (d)Appeals to the Board ofAdiustment in the case where an application has been denied shall be made pursuant to SCC 15.10.410. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 12t' day of October, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 25 Council Agenda Statement Meeting Date: September 28, 2020 To: City Council Through: Scott Meszaros, City Manager;,,,,, � Jackie C. Wilde, Community Development Director From: Eric A. Kozielski, Planner Agenda Item: Amending Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use BACKGROUND &JUSTIFICATION: Attached for the Council's review and enactment is Ordinance 2020-012, amending Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use Review of the code pertaining to commercial communications towers has been on the priorities list for the Planning and Zoning Commission since 2015. City Council approves the Planning and Zoning Commission priorities list. Members of the public have requested a review of the code regarding Commercial Communications Towers currently addressed in Title 15 of the City Code. Upon review, staff determined it important to provide a subsection of Chapter 15.10 Article 2. — District Regulations, specific to Commercial Communication Towers, with the intent to provide for the purpose behind the ordinance and the special provisions for such a land use. The Planning and Zoning Commission has held public work sessions to review and update portions of the City Code pertaining to Communication Towers addressing the process and development standards for permitting of Commercial Communication Towers. Three work sessions were held on the following dates: June 16, July 21, August 18, 2020. The Planning and zoning Commission approved Resolution 2020-10 recommending City Council amend Title 15 of Seward City Code regarding commercial communications tower to provide special provisions foe such land use. 26 INTENT: Amend Title 15 of Seward City Code regarding Commercial Communications Towers to provide special provisions for such land use. CONSISTENCY CHECKLIST: Yes No N/A _------ Comprehensive Plan(2030, approved by Council May 30, 2017): 3.1.1 Attract new business and industry to the greater Seward area. 3.1.1.2, bullet 5 (Pg. I-12) Support development of modern communications infrastructure. 3.2.1 Promote residential and commercial development within the 1 city of Seward and its vicinity in accordance with community X values 3.2.1.1, bullet 4(Pg. I-13) Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier. 3.9.2.2 Preserve and Protect the scenic views of the mountains and Resurrection Bay. Strategic Plan (Approved by Council Resolution 99-043). Economic Base- Goals and Objectives * Attract New Industry — Endeavor to provide modem communication infrastructure (Pg. 5, Bullet 3) 2' History and Sense of Community - Goals and Objectives X * Enhance the Sense of Community Among Residents of the Greater Seward Area—Maintain Seward's small-town character throughout the growth process(Pg 13, Bullet 2) PUBLIC NOTICE: As per City Code §15.01.040 Public Hearings; the public notice requirements were met. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department ATTORNEY REVIEW: Yes_X No 27 PUBLIC COMMENT:. Public comment has been incorporated into the development of this ordinance through work sessions. No other comment has been received at this time. RECOMMENDATION.- The Planning Commission approved the Resolution recommending this Ordinance by a vote of 6 to 1. Staff recommends approval of the proposed ordinance Ordinance 2020-012 28 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-081 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 NOW, THEREFORE, 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: Scott Meszaros, City Manager Stephen Sowell, Assistant City Manager Norm Regis, Harbormaster 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 its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12rh day of October, 2020. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 29 Council Agenda Statement • Meeting Date: October 12, 2020 Through: Scott Meszaros, City Manager �_ From: Sam Hickok,Acting Finance Director Agenda Item: Authorization for Banking Signatures BACKGROUND & JUSTIFICATION: The Seward City Council is required to pass a resolution listing the individuals authorized to invest monies and/or sign banking documents on behalf of the City of Seward. The recent departure of the Finance Director and the addition of the Assistant City Manager provides the need to update this authorization. This action forms the basis upon which signature cards will be updated at the local banking institutions, and checks and City payments and investments will be authorized on behalf of the City. While each individual listed on the resolution is authorized to act on behalf of the City, the City's practice is to have two separate individuals authorize every investment,approve all City payments, and authorize all electronic banking transactions. T._ .__.. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3 Other(list): Seward City Code 5.15 Investment& Collateral ization of X Public Funds ATTORNEY REVIEW Yes X No FISCAL NOTE This action has no fiscal impact on the City. Approved by Finance Department: RECOMMENDATION Seward City Council approve Resolution 2020-081 updating the authorized signatories to the City of Seward's bank accounts and rescinding previous resolutions in conflict herewith. 30 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page CALL TO ORDER The September 28, 2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Sharyl Seese John Osenga Tony Baclaan Julie Crites comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Excused—None Absent—None Vacant—One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (CO VID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Lynda Paquette requested that council consider amending Resolution 2020-080 by broadening the reference to the CDC to include other respected scientific guidance,including local health officials; she thought including more sources would lead to more reliable information. Tanguy Libbrecht (telephonically) did not support the enactment of Ordinance 2020-011 because he was concerned that the historic value of downtown Seward would be harmed. Ristine Casagranda (telephonically) was the applicant for the rezone in Ordinance 2020- 011; she had no intention of erecting a cell phone tower on the property,but she did want to make the existing structure more habitable. 31 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page Peter Cannava supported the enactment of Ordinance 2020-011 because he thought Seward needed expansion opportunities to stimulate the economy. Charles & Cynthia Bussell wanted a new Seward, one with growth and forward momentum. Leona Cange opposed the enactment of Ordinance 2020-011 because she thought it would be detrimental to maintaining the historic value of Seward. Melissa Houselog supported the enactment of Ordinance 2020-011 because she thought the rezone would result in growth and enhancement in Seward. Ken Lyons (telephonically)represented AT&T and said he wished to work with the city to improve service for local customers. Erika Anger supported the enactment of Ordinance 2020-011 because she believed the recommendation of the Planning& Zoning Commission should be respected and followed. Carol Griswold (telephonically) said Ordinance 2020-011 did not comply with the 2017 Historic Preservation Plan. She wanted the small town charm and character of Seward to be protected. Craig Ambrosiani was a Planning&Zoning Commissioner who was disheartened to learn that the Community Development Department had not brought their concerns to the commission before having Ordinance 2020-011 go to council for enactment. Liz DeMoss was also a Planning & Zoning Commissioner who was surprised that the Community Development Department had spoken out against the enactment of Ordinance 2020-011; she supported the enactment of the ordinance. Vanessa Verhey did not support the enactment of Ordinance 2020-011 because she was concerned that the downtown area might lose historical value as well as housing. Cheryl Seese did not support the enactment of Ordinance 2020-011 because she thought it went against the city's approved Historic Plan. She suggested an alternative to this proposed rezone could be having the property owner vacate the lot lines or request a variance. Lars Olson supported the enactment of Ordinance 2020-011. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda Terry removed the approval of the Election Board from the consent agenda. 32 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page Seese removed Resolution 2020-080 from the consent agenda. Terry removed the introduction of Ordinance 2020-012 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the September 14, 2020 City Council Regular Meeting Minutes. Appoint Dorothy Osenga (Chair), Quentin Carr, Jennifer Carr, Susie Urbach, and Mary Tougas to the Canvass Board for the October 6,2020 Regular Municipal Election. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Fire Prevention Week City Manager Report. City Manager Scott Meszaros reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $40,640 for a new truck for Electric per Resolution 2020-068; $40,000 for the rate study for Electric per Resolution 2020-069; $6,500 for wire re-stock for Electric; $5,000 for the warehouse roof repair for Electric; $13,000 for a 300 kVA transformer for Electric; and, $15,216 for AFG grant supplies for Fire per Resolution 2020-066. Meszaros called attention to the US Army Corps of Engineers (Corps) report in the packet about the Lowell Canyon Tunnel feasibility study;he said the Corps wished to have an informational session with council and the public to review and discuss their findings;the city would be receiving a waiver from the Corps. Meszaros announced that the second phase of the city's CARES Act funding for businesses opened today, and applications should be turned in at the utility counter; please do not submit applications to the Alaska Small Business Development Center. Meszaros provided an update on the extra long noon whistle a few days ago. The borough had submitted for additional resources to repair the failure; they will repair and test the siren. The borough was planning to conduct a drill sometime this fall. Electric Utility Interim Manager Cory Borgeson reported on two electric outages last week. The first outage was a failure on the transmission line between the city's Lawing Substation and Chugach Electric's Substation at Davis Creek which affected the entire community.In response, the city disconnected from the Chugach system and started the generators;repairs were completed by Chugach some 15 hours later. The city's generators used 6,552 gallons of fuel at approximately 33 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page $2/gallon, and there was a significant number of manhours and overtime hours used. Borgeson was proud of the two Operator Mechanics who worked at the generator plant because the generators ran very well. Borgeson said the second outage affected approximately 500-600 customers in the downtown area due to a blown fuse; it took approximately two hours to repair. Meszaros said the audit would be scheduled on October 26, 2020. In response to Baclaan, Meszaros said there had been an internal promotion in the Finance Department which resulted in a new vacancy. In response to McClure,Assistant City Manager Stephen Sowell said the library would be increasing their hours of operation starting October 4, 2020, and would be fully open by the third week in October. Report.City Attorney City Attorney Brooks Chandler was unable to attend tonight's meeting. Other Reports and Announcements Chamber of Commerce Report. Executive Director Jason Bickling (telephonically) thanked everyone who worked on the CARES Act funding programs.The chamber was working on the 2021 Visitors Guide, generating ideas to create more winter activity, and planning for a new website. The Seward Marine Front work group would be resuming regular meetings. The Exxon Valdez Oil Spill(EVOS)Think Tank provided a presentation to the board of directors last week;the chamber wrote a letter of support for EVOS funds to provide a large endowment to the Alaska SeaLife Center, as well as create grant opportunities. Bickling reminded everyone that Meet the Candidates Forum for Seward City Council would be held on Wednesday starting at 5:30 p.m.,and the format would consist of a combination of prepared and ad hoc questions. Presentations —None PUBLIC HEARINGS —None UNFINISHED BUSINESS Items for Reconsideration Ordinance 2020-011,Amending The Zoning Designation Of Lots 3,4-5 And N 1/2 Lot 6 Block 16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business District (CB). This ordinance was failed on September 14, 2020, and then a request for reconsideration was received on September 15, 2020. Motion to Reconsider (Terry/Baclaan) Reconsider Ordinance 2020-011 34 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page Terry said she filed the request for a motion to reconsider after she had been contacted by several Planning& Zoning commissioners following the last council meeting. Motion to Reconsider Passed Yes: Crites,Baclaan, Seese, Terry No: McClure, Osenga Baclaan drew attention to the laydown he submitted which outlined inconsistencies in the zoning across the city.He hoped in the future the Planning&Zoning Commission would work more closely with the Historic Preservation Commission to allow for more collaboration. Osenga said he had voted against this ordinance initially because of the mix of opinions from property owners;he wondered if this rezone could have been addressed with a variance so as not to disrupt the entire neighborhood. Baclaan didn't think a variance would be appropriate because the rezone was in keeping with the city's approved future land use plan. Crites said she had missed the last council meeting when this ordinance was considered,but she had watched the council meeting afterwards and had been confused. It was her understanding that the Planning & Zoning Commission had effectively deliberated over this ordinance and had clearly presented information that would support the rezone. McClure thought it was important to hear the recommendation from the Historic Preservation Commission as much as the Planning&Zoning Commission. She thought this rezone represented a dramatic change in zoning,and she planned to maintain the same vote as she had delivered at the last meeting. Baclaan said the Planning & Zoning Commission was following code, and the Historic Preservation Commission did not have clear guidelines for people to follow. He could appreciate HP's concerns,but without having clear guidelines established, and without knowing for sure what the property owner would do on the property, he believed the right thing to do was to base the decision on what code existed now and not upon speculation of what would be in the future. Terry said this ordinance would be bringing the property into conformance with the future land use plan, and was concerned that not allowing this rezone would set a dangerous precedent for future development. Crites wondered why the Historic Preservation Commission had not gotten involved in the process earlier.In response,Community Development Director Jackie Wilde said the Planning& Zoning Commission did not review the Historic Preservation Plan when considering this ordinance; a review of the HP Plan was not currently part of the process. Motion Passed Yes: Crites, Seese, Osenga, Baclaan, Terry No: McClure 35 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page NEW BUSINESS Ordinances for Introduction Ordinance 2020-012, Amending Seward City Code Chapter 15 Regarding Commercial Communications Towers To Provide Special Provisions For Such Land Use. Motion to Introduce (Terry/McClure) Introduce Ordinance 2020-012 Terry pulled the introduction of this ordinance from the consent agenda because she had received a letter from a telecommunications company with some legal questions, and she wished to have the city attorney review and respond to the questions raised.Terry stated the city attorney would be in attendance at the next council meeting, when this ordinance came for public hearing and enactment, so perhaps he would be prepared to respond to those legal questions at that time. Motion to Introduce Passed Unanimous NEW BUSINESS Resolutions Resolution 2020-080, Encouraging All Residents To Take The Necessary Precautions And Follow The Recommended Preventative Measures Of The Centers For Disease Control And Prevention (CDC) To Reduce The Spread Of COVID-19 In Our Community During The Public Health Emergency,And Signing Kenai Peninsula Borough Joint Resolution 2020-001. Motion (McClure/Seese) Approve Resolution 2020-080 Terry said she and McClure brought forward this resolution to join other cities across the borough to follow the Centers for Disease Control(CDC)guidelines in the prevention and mitigation of COVID-19. McClure reminded everyone that the current emergency ordinance for council regulations would expire on October 3,2020,and this resolution would keep Seward consistent with the rest of the borough. Seese was concerned that this week, Seward had seen several new cases of COVID,and she wished to extend the council regulations that were currently in place. Crites agreed with being consistent with the borough and now there were seven active cases in Seward right now. If Seward got one more case, it would mean the schools shut down for a mandatory two weeks. Osenga concurred that it appeared the council regulations were working,and he worried that opening up would result in a spike in cases. 36 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page Baclaan said the seven cases in Seward happened under the current council regulations. He was extremely concerned that local businesses have suffered enough under the current regulations, and it was time to rely on citizens taking personal responsibility. McClure was confident that stepping down at this time was appropriate,but if things changed council could call a special meeting and reinstate the regulations. Terry said the schools already had their own strict policies and procedures in place, and it wasn't a surprise that there was a blip in the number of cases since school started up. She supported this resolution as a step down measure. Motion Passed Unanimous Other New Business Appoint Mark Kansteiner (Chair), Patty Linville, Randy Nabb, Vanessa Verhey, Michael Mahmood, Cathy Byars, Kristi Larson, Erika Quinter, and Casie Warner to the Election Board for the October 6, 2020 Regular Municipal Election. Motion (Terry/McClure) Appoint Mark Kansteiner (Chair), Patty Linville, Randy Nabb, Vanessa Verhey, Michael Mahmood, Cathy Byars, Kristi Larson,Erika Quinter, and Casie Warner to the Election Board for the October 6, 2020 Regular Municipal Election. City Clerk Brenda Ballou stated that there was a last minute change to the members of the Election Board: Vanessa Verhey would be unable to serve, and Dawn Maness would be taking her place. Motion to Amend(McClure/ ) Amend the Election Board by striking Vanessa Verhey and replacing her with Dawn Maness. Motion to Amend Passed Unanimous Consent Main Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS August, 2020 City and Providence Financials. Letter from International Institute of Municipal Clerks issuing the designation of CertifiedMunicipal Clerk to Deputy City Clerk Jessica Stallard. 37 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page Update & Information about Alaska Municipal League (AML) Conference and Newly Elected Officials Training in November, 2020. CITIZEN COMMENTS Tanguy Libbrecht (telephonically) thanked council for their consideration tonight. He thanked them for their service. Carol Griswold(telephonically)was concerned that during this pandemic,the radio station frequently did not broadcast the meetings or started late, she didn't like the delay in the YouTube live streaming, and she felt left out. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros congratulated Jessica Stallard on achieving her Certified Municipal Clerk(CMC) designation. Seese congratulated Jessica Stallard. She thanked everyone for their comments tonight. Baclaan reminded everyone of the election coming up, and encouraged everyone to watch Meet the Candidates on Wednesday.It was important to participate in the process and stay involved. He congratulated Jessica Stallard. Baclaan had participated in the Seward Prevention Coalition meeting last week and was pleased how involved they were in the community. Osenga said Meet the Candidates would be September 30,2020 starting at 5:30 p.m.He said tonight he commented about the pandemic not being hard,and he apologized because he knew that it had been very hard on a lot of people and businesses. He looked forward to having the schools and businesses operating back to normal one day. Crites appreciated people being more conscious now about taking preventative measures against COVID. She applauded the efforts of Community Development in their attempt to preserve the history in town, but she felt that the rezone was in keeping with current code. McClure congratulated Jessica Stallard. She had visited the library last Saturday and was pleased that it was open.McClure had been working with Lee Polescke and Liberty Miller to create a cemetery tour of Woodlawn Cemetery. She wished to receive a heads up when the power went out because people often called her with questions. Terry congratulated Jessica Stallard. She wanted to see another push for information to go out to the public about the second round of CARES Act funding. 38 City of Seward,Alaska City Council Minutes September 28, 2020 Volume 41,Page ADJOURNMENT The meeting was adjourned at 9:00 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 39 AGENDA STATEMENT Meeting Date: October 12, 2020 From: Jessica Stallard, Deputy City Clerk Agenda Item: Retail Marijuana License Renewal BACKGROUND &JUSTIFICATION: The City Council has an opportunity to object to the request for a retail marijuana license renewal for the following business: Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 Seward, AK 99664 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough have no objections to the retail marijuana license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above retail marijuana license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the liquor license renewal for The Tufted Puffin, LLC. 40 P 1 MEMORANDUM Date: September 17, 2020 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Lieutenant Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jessica Stallard, Deputy City Clerk T. 5a RE: Verifying Compliance for the RENEWAL of Retail Marijuana License#17758 The following business has applied for a renewal of a retail marijuana license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 Seward, AK 99664 Department Status Initials Finance/Leases 6 �1f ia�l PA 1 :rG pm Finance/Utilities . Police Chief Fire Chief d �i'c y, ��° �.� � wo Deadline for Protest:November 15, 2020(60 days) Council Packet Deadline:November 3,2020 41 OF 7' w Department of Commerce, Community, OSALAKA and Economic Development ALCOHOL& MARIJUANA CONTROL OFFICE (r0 VLRN0)RWK E)1 \l..l�. tti� 550 West 7"Avenue,Suite 1600 Anchorage,AK 99501 ofl ALAS�� Main:907.269.0350 September 17, 2020 City of Seward Attn: Brenda Ballou VIA Email: bballou@citvofseward.net clerk@citvofseward.net jblankenship@kpb.us micheleturner@kpb.us tshassetz@kpb.us sness@kpb.us MJenkins@kpb.us License Number: 17758 License Type: Retail Marijuana Store Licensee: The Tufted Puffin LLC Doing Business As: THE TUFTED PUFFIN LLC Physical Address: 216 4th Ave. Unit 2 Seward, AK 99664 Designated Licensee: Jennifer Wells Phone Number: 907-947-3349 Email Address: tuftedpuffinllc@gmail.com ® License Renewal Application ❑ Endorsement Renewal Application AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060,you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious, and unreasonable. If the protest is a "conditional protest" as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations,the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board's satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting,the board delegated to me the authority to approve renewal applications with no protests, objections, or notices of violation. However, if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this 42 license,the board will consider the application. In those situations, a temporary license will be issued pending board consideration. If you have any questions, please email amco.iocalgovernmentonly@alaska.gov. Sincerely, Glen Klinkhart, Interim Director 907-269-0350 43 Department of Commerce,Community,&Economic Development License#17758 .. a Initialing Licensc Application Alcohol o Marijuana a Control i ce 6/30/2020 5:00:03 PINT License Number: 17758 License Status: Active-Operating License Type: Retail Marijuana Store Doing Business As: THE TUFTED PUFFIN LLC Business License Number: 1064577 Designated Licensee: Jennifer Wells Email Address: tu€tedpufFinllc@gmail.com Local Government: Seward Local Government 2: Community Council: Latitude, Longitude: 60,101800, -149,440000 Physical Address: 216 4th Ave. Unit 2 Seward,AK 99664 UNITED STATES Licensee#1 Entity Official#1 Type: Entity Type: Individual Alaska Entity Number: 10075187 Name: Randy Wells Alaska Entity dame: The Tufted Puffin LLC SSN:- Phone Number: 907-947-3349 Date of Birth: Email Address: tuitedpuffinllc@gmail.com Phone Number: 907-947-3349 Mailing Address: PO BOX 1934 Email Address: tuftedpuftinllc@gmail.com Seward,AK 99664 Mailing Address: PO BOX 1934 UNITED STATES Seward,AK 99664 UNITED STATES Entity Official#2 Note:No affiliates entered for this license. Type: Individual Name: Jennifer Wells SSN:- Date of Birth:- Phone Number: 907-947-3349 Email Address: tuftedpuffinIlc@gmall.com Mailing Address: PO BOX 1934 Seward,AK 99664 UNITED STATES 44 Alcohol and Marijuana Control Office 550 W 7"'Avenue,Suite 1600 Anchorage,AK 99501 _ ' '� ,m,,,�riivana.licensineC�aiaska.eov https://www.commerce.alaska.gov/web/amco �. Alaska Marijuana Control Board Phone:907.269.0350 � . Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications.Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306.A person other than a licensee may not have direct or indirect financial interest(as defined in 3 AAC 306.015(e)(1))in the business for which a marijuana establishment license is issued,per 3 AAC 306.015(a). This form must be completed and submitted to AMCO's main office by each license (as defined in 3 AAC 306.020(b)(2))before any license renewal application will be considered complete. Section-1 Establishment,[nformation Enter information for the licensed establishment,as identified on the license application. Licensee: The Tufted Puffin LLC License Number: 117758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit#2 City: Seward state: I Alaska I Z1P: 199664 Section 2'="Individual"I orma#ion Enter information for the individual licensee who is completing this form. Name: Jennifer Wells Title: Manager, Member Section:3 ='Violations B Charges. Read each line below,and then sign ana lic your initials in the box to the right of able statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. 3 E I certify that I have not committed any civil violation of AS 04,AS 17.38,or 3 AAC 306 in the previous two calendar years. I i certify that a notice of violation has not been issued for this license. Sin your initials to the following statement only if you are unable to certify-one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements,which includes the type of violation or offense,as required under 3 AAC 306.035(b). [Form MJ-201(rev 4/2412019) Page 1 of 2 Received by AMCO 9/15/2020 45 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest,as defined in 3 AAC 306.015(e)(1),in the business for which the marijuana establishment license has been issued. I certify that 1 meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (Mi-20a)along with this application. l certify that this establishment complies with any applicable health,fire,safety,or tax statute,ordinance, regulation,or other law in the state. I certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. I certify that I am operating in compliance with the Alaska Department of labor and Workforce Development's laws and requirements pertaining to employees. I certify that I have not violated any restrictions pertaining to this particular license type,and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. I certify that I understand that providing a false statement on this form,the online application,or any other form provided by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued. As an applicant for a marijuana establishment license renewal,I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306,and that this application,including all accompanying schedules and statements,is true,correct, and complete.I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license. Sig ture of ce ee Notary Public in and for the State of Alaska Jennifer Wells My commission expires: 10 �J �as Printed name of licensee ,��, 11111t1111t!!l/if/�j Subscribed and sworn to before me this 36 day of �" 20 a d ����' c°"""'�°'' �•�A ro�•,'Y NO T ©� ARY -- ,p� LICOF ,: [Form M!-201{rev 4/23/2020) 1 7 7 5 Q Page 2 of 2 License i# 7 C] Alcohol and Marijuana Control Office r 550 W 70'Avenue,Suite 1600 Anchorage,AK 99501 mari'uana.licensin alaska.Roy htt-ps:llwww.comme rce.alaska.eovlweblamco Alaska Marijuana Control Board Phone:907.269.0350 1 r Form MJ-20: Renewal Application Certifications What is this form? This renewal application certifications form is required for all marijuana establishment license renewal applications.Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with A517.38 and 3 AAC 306.A person other than a licensee may not have direct orindirect financial interest(as defined in 3 AAC 306.015(e)(1))in the business for which a marijuana establishment license is issued,per 3 AAC 306.015(a). This form must be completed and submitted to AMCQ's main office by each licensee(as defined in 3 AAC 306.020(b)(2))before any license renewal application will be considered complete. Section '7 -- Establishment-information Enter information for the licensed establishment,as identified on the license application. Licensee: The Tufted Puffin LLC License Number: F17758 License Type: Retail Marijuana Store Doing Business As: The Tufted Puffin LLC Premises Address: 216 4th Ave. Unit#2 City: Seward state: I Alaska I zIP: 199664 Section 2 -`Inclwill ual Information Enter information for the individual licensee who is completing this form. Name: Randy Wells Title: Manager, Member Section 3 -Violations S Charges Read each line below,and then sin your initials in the box to the right of any ap2licable statements: Initials I certify that I have not been convicted of any criminal charge in the previous two calendar years. r I certify that I have not committed any civil violation of AS 04,AS 17.38,or 3 AAC 306 in the previous two calendar years. t I certify that a notice of violation has not been issued for this license. Sin your initials to the following statement onN if ygy are unable to certi one or more of the above statements: Initials I have attached a written explanation for why I cannot certify one or more of the above statements,which includes the type of violation or offense,as required under 3 AAC 306.035(b). U- [Form M1-20l(rev 4/24/2019) Page i of 2 Received by AMCO 911512020 47 Alaska Marijuana Control Board Form MJ-20: Renewal Application Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a direct or indirect financial interest,as defined in 3 AAC 306,015(e)(1),in the business for which the marijuana establishment license has been issued. i certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit (MJ-20a)along with this application. certify that this establishment complies with any applicable health,fire,safety,or tax statute,ordinance, regulation,or other law in the state. certify that the license is operated in accordance with the operating plan currently approved by the Marijuana Control Board. certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. i certify that I have not violated any restrictions pertaining to this particular license type,and that this license has not been operated in violation of a condition or restriction imposed by the Marijuana Control Board. certify that I understand that providing a false statement on this form,the online application,or any other form provided by orto AMCO is grounds for rejection or denial of this application or revocation of any license issued. As an applicant for a marijuana establishment license renewal,I declare under penalty of unsworn falsification that I have read and am familiar with AS 17.38 and 3 AAC 306,and that this application,including all accompanying schedules and statements,is true,correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and understand that failure to do so by any deadline iven to me by AMCO staff may result in additional fees or expiration of this license. Signa censee Notary Public in and for the State of Alaska andy Wells r,-, aN, �oa� My commission expires: Printed name of licensee Subscribed and sworn to before me this 3 day of ��` n 20 �d `���\\\5`�\`G�AII�Sfr ��fi ,Qi•rco`n`n`s . ' '47 `a•, O ]]l1'Yi1 v `~ [Form MJ-20](rev 4/23/2020) 171758 ® 7 c 8 Page 2 of 2 License# :3 COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE (this "Lease") dated this Ist day of May,2020 BETWEEN: Alaska Life Adventures LLC. Telephone: (907) 802-1162 (the "Landlord") OF THE FIRST PART -AND- The Tufted Puffin i,1 LC" Telephone: 907-224-2222 (the "Tenant") OF THE SECOND PART IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant,the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease,the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease(the "Parties") agree as follows: Definitions l. When used in this Lease,the following expressions will have the meanings indicated: a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent,whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means all buildings, improvements, equipment, fixtures,property and facilities from time to time located at 216 Fourth Ave. Seward AK. 99664, as from time to time altered, expanded or reduced by the Landlord in its sole discretion; C. "Common Areas and Facilities" mean: i. those portions of the Building areas, buildings, improvements,facilities, utilities, Page 1 of 11 Received by AMCO 7.1.20 49 Commercial Lease Page 2 of I 1 equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including,without limitation,exterior weather walls, roofs, entrances and exits,parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and ii. those lands, areas, buildings, improvements, facilities,utilities, equipment and installations which serve or are for the useful benefit of the Building,the tenants of the Building or the Landlord and those having business with therm,whether or not located within, adjacent to or near the Building and which are designated Flom time to time by the Landlord as part of the Common Areas and Facilities; d. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements; e. "Premises" means the office/retail space located at 216 Fourth Ave. Unit Number 2, Seward,AK 99664. f. "Rent" means the total of Base Rent and Additional Rent. Intent of Lease 2. It is the intent of this Lease and agreed to by the Parties to this Lease that rent for this Lease will be on a gross rent basis meaning the Tenant will pay the Base Rent and any Additional Rent and the Landlord will be responsible for all other service charges related to the Premises and the operation of the Building save as specifically provided in this Lease to the contrary, Received by AMCTenEWt Initials: rw 50 Commercial Lease Paae 3 of 11 Leased Premises 3. The an or agrees to rent to the Tenant the office space municipally described as 216 Fourth Ave. Unit#2, Seward AK. 99664, (the "Premises"). The Premises will be used for only the following permitted use (the "Permitted Use"): Operating a business, Office Space or Storage Space.Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Tenant for any purpose other than the Permitted Use,which is a Cannabis Retail Store. 4. No pets or animals are allowed to be kept in or about the Premises or in any common areas in the building containing the Premises without the prior written permission of the Landlord,which permission may be unreasonably withheld. In addition,the Tenant must provide to the Landlord, for all approved pets,prof of current vaccines, this prof must be on file with the Landlord. Upon thirty (30) days' notice, the Landlord may revoke any consent previously given under this clause. Term 5. The term of the Lease commences at 12:00 noon on 5/l/2020 and ends at 12:00 noon on 4/30/2021. 6. Notwithstanding that the term of this Lease commences on March 1 st, 2020, the Tenant is entitled to possession of the Premises at 12:00 noon on March I st, 2020. 7. Should the Tenant remain in possession of the Premises with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month to month, until a NEW lease is agreed upon and signed by both the Tenant and Landlord,will be automatic between the Landlord and the Tenant which will be subject to all the terms and conditions of this Lease but will be terminable upon either party giving one month's notice to the other party. Rent S. Subject to the provisions of this Lease, the Tenant will pay a Base Rent of$6,740.00, payable per month. Included within the Base Rent, are the following taxes: Sales tax of 7% included in lease payment. 9. All payments are to be made payable to: Alaska Life Adventures LLC. 10. The Tenant will pay the Base Rent on or before the 1 st day of each and every month of the term of this Lease to the Landlord. Received by AMCO 9115/2020 51 Tenant Initials: rw Commercial Lease Page 4 of I I 10. The Tenant will be charged an additional amount of$50.00 for any late payment of Rent, a$25.00 NSF returned check fee and an additional 5% of the total rent due starting after the 7 day grace period. Use and Occupation 11. The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever. The Tenant will carry on business under the name of The Tufted Puffin LLC and will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld. 12. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes,bylaws, rules and regulations of any federal,provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. Advance Rent and Security Deposit 13. On execution of this Lease,the Tenant will pay the Landlord advance rent(the "Advance Rent") to be held by the Landlord without interest and to be applied on account of the first and last installments of Base Rent as they fall due and to be held to the extent not so applied as security for and which may be applied by the Landlord to the performance of the covenants and obligations of the Tenant under this Lease. Advance Rent Amount$6,740.00. 14. On execution of this Lease,the Tenant will pay the Landlord a security deposit equal to the amount of$500.00 (the "Security Deposit")to be held by the Landlord without interest. The Landlord will return the Security Deposit to the Tenant at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear. 15. The Tenant may not use the Security Deposit as payment for the Rent. 16. Within 30 days after the termination of this tenancy, the Landlord will deliver the Security Deposit less any proper deductions or with further demand for payment to the Tenant. Received by AMCj:bhjjjfl Initials: rw 52 Commercial Lease Page 5 of 1 I Quiet Enjoyment 17. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease,the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term. Distress 18. If and whenever the Tenant is in default in payment of any money whether hereby expressly reserved or deemed as rent, or any part of the rent,the Landlord may, after the granted 7-day grace period after the rent due date,without notice or any form of legal process, enter upon the Premises and seize,remove and sell the Tenant's goods,chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. Overholding 19. If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the term,then,without any further written agreement, the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to-month tenancy and a tenancy from year to year will not be created by implication of law. Additional Rights on Reentry 20. If the Landlord reenters the Premises or terminates this Lease,then: a. notwithstanding any such termination or the term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of termination will survive; b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions,proceedings, claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon; Received by A�NUae nitIals: rw 53 Commercial Lease Page 6 of 11 C. the Landlord may expel and remove, forcibly, if necessary,the Tenant,those claiming under the Tenant and their effects, as allowed by law,without being taken or deemed to be guilty of any manner of trespass; d. in the event that the Landlord has removed the property of the Tenant, the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it,then the Landlord may dispose of such property in its sole discretion and use such funds, if any, towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord; e. the Landlord may relet the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the term of this Lease remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises; f. after reentry,the Landlord may procure the appointment of a receiver to flake possession and collect rents and profits of the business of the Tenant, and, if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant, including inventory,trade fixtures, and furnishings, and use them in the business without compensating the Tenant; g. after reentry,the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice,reentry of the Premises by the Landlord or its agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand: i. alI rent,Additional Rent and other amounts payable under this Lease up to the time of reentry or termination,whichever is later; ii. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering,terminating, reletting, collecting sums due or payable by the Tenant, Received by A1vTknantdnitials: rw 54 Commercial Lease Page 7 of I I realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for reletting; and iii. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord,either: i. an amount determined by reducing to present worth at an assumed interest rate of twelve percent(12%)per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Landlord, who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or ii. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months. 21. The Landlord and the Tenant will complete, sign and date an inspection report at the beginning and at the end of this tenancy. Renewal of Lease 22. Upon giving written notice no later than 60 days before the expiration of the term of this Lease, the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for any signing incentives/inducements and this renewal clause and the amount of the rent. . Tenant Improvements 23. The Tenant will obtain written permission from the Landlord before doing any of the following: a. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than small picture hooks. Received by AmfWahl%itials: rw 55 Commercial Lease age 8 of 11 b. painting, wallpapering,redecorating or in any way significantly altering the appearance of the Premises; C. removing or adding walls, or performing any structural alterations; d. installing a waterbed(s); e. changing the amount of heat or power normally used on the Premises as well as installing additional electrical wiring or heating units; f. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose; or g. affixing to or erecting upon or near the Premises any radio or TV antenna or tower. Utilities and Other Costs 24. The Landlord is responsible for the payment the following in relation to the Premises: Power,Heating Fuel,Trash ;service,Property Taxes Insurance 25. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is advised that, if insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant's insurance agent regarding a Tenant's Policy of Insurance. 26. The Tenant is responsible for insuring the Landlord's contents and furnishings in or about the Premises for either damage and loss for the benefit of the Landlord. 27. The Tenant is responsible for insuring the Premises for damage or loss to the structure, mechanical or improvements to the Building on the Premises for the benefit of the Tenant and the Landlord. Such insurance should include such risks as fire, theft,vandalism,flood and disaster. 28. The Tenant is responsible for insuring the Premises for liability insurance for the benefit of the Tenant and the Landlord. Received by.QMCO , 56 }20 i enan Initials: rw Commercial Lease Page 9 of 11 29. The Tenant will provide proof of such insurance to the Landlord upon taking possession of the Premises, unless otherwise agreed upon in writing from the Landlord. Attorney Fees 30. All costs, expenses and expenditures including and without limitation, complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises,the recovery of any rent due under the Lease, or any breach by the Tenant of any other condition contained in the Lease,will forthwith upon demand be paid by the Tenant as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%)per cent per annum from the due date until paid. Governing Law 31. It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease,be construed in accordance with and governed,to the exclusion of the law of any other forum, by the laws of the State of Alaska,without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 32_ If there is a conflict between any provision of this Lease and the applicable legislation of the State of Alaska(the 'Act'), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act.Further, any provisions that are required by the Act are incorporated into this Lease. Assignment and Subletting 33. The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession, or license,whether by operation of law or otherwise,will be void and will, at Landlord's option,terminate this Lease. Bulk Sale 34. No bulk sale of goods and assets of the Tenant may take place without first obtaining the written consent of the Landlord,which consent will not be unreasonably withheld so long as the Tenant and the Purchaser are able to provide the Landlord with assurances, in a form satisfactory to the Landlord,that the Tenant's obligations in this Lease will continue to be performed and respected, in the manner satisfactory to the Landlord, after completion of the said bulk sale. Received by A4%d4hitials: rw 57 Commercial Lease Page 10 of 11 Additional Provisions 35. All door entry codes are to be between the legal tenant, tenant employees and the landlord. Maintenance 36. The Tenant will, at its sole expense, beep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal of this Lease. 37. The Tenant will be responsible at its own expense to replace all electric light bulbs,tubes, ballasts or fixtures and batteries for smoke detectors serving the Premises. 38. The Tenant will also perform the following maintenance in respect to the Premises: (To Be Determined at time of Lease.) Care and Use of Premises 39. The Tenant wiI]promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises. 40. The Tenant will not make(or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants. 41. The Tenant will not engage in any illegal trade or activity on or about the Premises. 42. The Landlord and Tenant will comply with standards of health, sanitation, fire,housing and safety as required by law. Surrender of Premises 43. At the expiration of the lease term,the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted. All keys will be returned to Landlord, or a fee for new locks will be charged to Tenant in the amount of$100.00 Hazardous Materials 44. The Tenant will not keep or have on the Premises any article or thing of a dangerous,flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. Received by AIV@ a7ni-2ffiitials: rw 58 Commercial Lease Page 11 of It Rules and Regulations 45. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building,parking lot,restrooms and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises. General Provisions 46. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach. 47. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease. 48. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Landlord as rental arrears. 49. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease. 50. Exception to the above mentioned: The Landlord, "Alaska Life Adventures LLC"will not take possession of, or remove any Marijuana products from the premises no matter the Tenants delinquency of payments of rent or, for any other reason. In the event the Tenant defaults for any reason the terms of this Iease, Alaska Life Adventures LLC will notify AMCO immediately. s*.... Adventures LLC.(Landlord) A�2 The Tufted Puffin LLC (Tenant) Received by AMCO 7.1.20 59 Division of Corporations, Business and Professional Licensing Page I of 2 Department of Commerce, Community.. and Economic Development CORPORATIONS , BUSINESS PROFESSIONAL LICENSING State of Alaska Commerce Corporations, Business, and Professional Licensing Search & Database Download Corporations ? Entity Details ENTITY DETAILS Name(s) Type Name Legal Name The Tufted Puffin LLC Entity Type: Limited Liability Company Entity#: 10075187 Status: Good Standing AK Formed Date: 114f2018 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 Entity Mailing Address: PO BOX 1934, SEWARD, AK 99664-1934 Entity Physical Address: 216 4TH AVE. UNIT#2, SEWARD, AK 99664-1934 Registered Agent Agent Name: Randy Wells Registered Mailing Address: PO BOX 1934, SEWARD, AK 99664 Registered Physical Address: 210 BROWNELL ST, SEWARD, AK 99664 Officials 60 https://www.conimerce.alaska.gov/cbp/main/Search/EntityDetail/10075197 9/11/2020 Division of Corporations, Business and Professional Licensing Page 2 of 2 [._Show Former AK Entity# Name Titles Owned Jennifer Wells Manager, Member 51.00 Randy Wells Manager, Member 49.00 Filed Documents Date Filed Type Filing Certificate 1/04/2018 Creation Filing Click to View Click to View 10/24/2018 Initial Report Click to View 12/28/2019 Biennial Report Click to View COPYRIGHT O STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 61 https://www.commerce.alaska.gov/cbp/main{Search/EntityDetail/I 0075187 9/11/2020 Operating Agreement This Limited Liability Company Operating Agreement is for the The Tufted Puffin LLC organized under the laws of the State of Alaska , by the filing of its orga- nizational documents on January 4th , 20 18 The parties to this agreement agree to operate a limited liability company under the follow- ing terms and conditions: 1. The members have the power to determine the location of the limited liability company's principal place of business. The members also have the power to designate the limited liability company's registered agent,who may be a member. The company's principal place of business shall be: 214 4th aye.Unit##2 Seward,Alaska 99664 The name and address of the company's registered agent shall be: Randy Wells 210 Brownell St.Seward,Alaska 99664 2. The initial members of the company are as follows: Name Address Jennifer Wells 210 Brownell St.Seward,AK 99664 Randy Wells 210 Brownell St.Seward,AK 99664 3. No members or managers of the limited liability company shall be personally liable for any debts, obligations, expenses, liabilities, or any claims made against the company. 4. The members of the limited liability company elect to have the company treated as a Limited Liability Company for state and federal income tax purposes.The mem- bers agree to execute and file any documents necessary to secure this tax treatment. 5. The start-up capital will be a total of$ 50,000.00 .Each member of the limited liability company agrees to contribute the following property,services,or cash to this total amount on or before the date indicated: Received by AMCO T 1.20 62 Name Cash/ServicesProperty Value Date Due Jennifer Wells 50,000.00 50,000.00 Jan 10th Randy Wells 50,000.00 50,000.00 Jan 10th 6. If additional capital is required by the limited liability company and is determined by a majority vote of the members,then each member shall be required to con- tribute to such additional capital in such proportions and by a certain date as determined by such vote. 7. If any member shall fail to make his or her initial or additional contributions as indicated by this agreement, any amendment to this agreement, or any additional agreement be- tween the members,then this company shall continue as a Iimited liability company of only those members who have satisfied their contribution requirements. Any member who has failed to satisfy his or her contribution requirements will not be a member of this limited liability company. Each member who has made a contribution shall then be entitled to a share of limited liability company profits and losses in proportion to the amount of their contribution to the total contributions.If any additional limited liability company contributions are necessary,such additional contributions shall be determined by the remaining members as specified under the terms of this agreement regarding"Ad- ditional Contributions" above. 8. Interest at the rate of o percent( %)per annum shall be paid on each member's capital contributions that were paid in cash. The interest shall be an expense of the limited liability company and paid on an annual basis to the member who is entitled to it. 9. In addition to capital contributions,the following cash or property will be loaned to the limited liability company under the terms specified: Name of Member CasWProperty Loaned Terms of Loan Jennifer Wells Randy Wells 10. Each mmember's proportionate share of the profits and losses of the limited Iiability com- pany shall be as follows: Received by AMCO T 1.20 63 Name Percent of Ownership of Limited Liability Company Jennifer Wells 59 Randy Wells 49 11. Any profits or losses of the limited liability company shall be determined and distrib- uted to the members on a annual basis according to their proportion- ate share of the profits and losses of the limited liability company. However,the first 90 percent( go %) of the profits for each such period shall be retained by the limited liability company for reinvestment in the limited liability company. 12. The management of the company shall be exclusively by Jennifer and Randy Wells .The actual person(s)to manage the company and the salary of an such person(s)shall be determined by a majority vote of the members of the Iimited liability company, and the management may be removed at any time,with or without cause, by a Iike vote. 13. One or more managers may be selected under the terms of this agreement. If a single individual is selected to manage the company,such person shal I have exclusive authority to make all management decisions. Otherwise, all limited liability company decisions will be made by majority vote among the persons selected to manage the company, except the major company decisions noted below,which must be decided by unanimous vote of the persons selected to manage the company. The manager(s) shall have the authority to conduct the day-to-day business of the limited liability company, without consultation with the other members.This shall include hiring and firing employ- ees, signing limited Iiability company checks,withdrawing funds from limited liability company accounts,borrowing money up to the amount of$ 0.00 ,and maintaining the books and records of the limited liability company. Major decisions are defined as follows: Asset Purchases,Loans, Investments, Legal,Advertising Received by AMCO 7.1.20 64 14. The annual limited liability company meeting will be held on the first Monday in December of every year at 10 o'clock a . m..This meeting is for the purpose of assessing the current status of the limited liability company and transacting any necessary business. If this day is a legal holiday,the meeting will be held on the next day. 15. The place for the annual members meeting will be the principal office of the limited li- ability company, located at: 214 4th ave. Unit#2 Seward,Alaska 99664 16. A quorum for a members meeting will be a majority of the members. Once a quorum is present, business may be conducted at the meeting, even if members leave prior to adjournment. 17. At all meetings of members,a member may vote by signed proxy or by power of attorney. To be valid, a proxy must be filed with the limited liability company prior to the stated time of the meeting.No proxy may be valid for more than 11 months,unless the proxy specifically states otherwise.A proxy may always be revoked prior to the meeting for which it is intended.Attendance at the meeting for which a proxy has been authorized always revokes the proxy. 18. A majority vote of the members entitled to vote will be sufficient to de- cide any matter, unless a greater number is required by this agreement or by state law. Adjournment shall be by majority vote of those shares entitled to vote. 19. Any action that may be taken at a company meeting may be taken instead without a meet- ing if an agreement is consented to, in writing,by all members who would be entitled to vote. 20. The members will,jointly,have all powers available under state law,including the power to: appoint and remove managers and employees; change the offices;borrow money on behalf of the limited liability company, including the power to execute any evidence of indebtedness on behalf of the limited liability company;and enter into contracts on behalf of the Iimited liability company.Such powers may be exercised by a single member only upon unanimous approval of all of the members. 21. Each member and manager owes a fiduciary duty of good faith and reasonable care with regard to all actions taken on behalf of the limited liability company.Each member and manager must perform his or her duties in good faith in a manner that he or she reason- ably believes to be in the best interests of the limited liability company, using ordinary care and prudence. 22. The limited liability company will maintain accounting records that will be open to any member for inspection at any reasonable time.These records will include separate Received by AMCO 7.1.20 65 8 income and capital accounts for each member.The accounting will be on the cash basis and on a annual -year basis. The capital account of each member will consist of no less than the value of the property, cash, or services that the member shall have contributed with his or her initial or additional contributions to the limited liability company. 23. All notes, mortgages, or other evidence of indebtedness shall be signed by all of the members of the limited liability company, unless otherwise allowed under the terms of this agreement. 24. The limited liability company will maintain a business checking bank account at: Alaska USA Federal Credit Union 25. The limited liability company may not lend any money to a manager or member of the limited liability company unless the loan has been approved by a majority vote of all members of the limited Iiability company. 26. AlI members are entitled to o draws from the expected profits of the limited liability company. The draws will be debited against the income account of the member.The dollar amount of the draws shall be determined by a majority vote of the members. 27. All members are eligible to be paid reasonable salaries for work or services they perform in the limited liability company business,unless such work is in.the capacity of a manager or is to be considered as a contribution to the company. 28. Each member shall receive an expense account for up to$ 0.00 per month for the payment of reasonable and necessary business expenses in the regular course of limited liability company business. Each member shall provide the limited liability company with a written record of such expenses in order to obtain reimbursement. 29. A member may transfer all or part of his or her interest in the limited liability company to any other party only with the unanimous consent of the other members. In addition,the limited liability company has the right of first refusal to purchase the member's interest on the same terms and conditions as the member's offer from the third parry.This option to buy must be exercised by the limited liability company within 30 days from notice of the offer to buy by a third party. 30. A member may be expelled from the limited liability company at any time by the unani- mous consent of the other members. Upon expulsion, the expelled member shall cease to be a member and shall have no interest, rights, authority,power, or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as Received by AMCO 7.1.20 66 determined by the terms of this agreement.The limited liability company shall continue in business without interruption without the expelled member. 31. A member is automatically expelled from the limited liability company at any time upon the occurrence of any of the following: (a) A member files a petition for or becomes subject to an order for relief under the Federal Bankruptcy Code (b) A member files for or becomes subject to any order for insolvency under any state law (c) A member makes an assignment for the benefit of creditors (d) A member consents to or becomes subject to the appointment of a receiver over a substantial portion of his or her assets (e) A member consents to or becomes subject to an attachment or execution of a sub- stantial portion of his or her assets On the date of any of the above events,the expelled member shall cease to be a member and shall have no interest, rights, authority,power, or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as determined by the terms of this agreement. The limited liability company shall continue in business without interruption without the expelled member. 32. The expulsion of a member shall be final and shall not be subject to mediation, arbitra- tion, or review by any court of any jurisdiction. 33. The limited liability company shall buy and maintain life insurance on the life of each member in the amount of$ uo .The limited liability company shall also buy and maintain disability insurance on each other member in the amount of $ uo . Such life and disability insurance shall be considered assets of the company_ On the withdrawal,termination, or expulsion of any member for any reason other than his or her death or disability, any insurance policies on the member's life or health on which the limited Iiability company paid premiums shall become the per- sonal property of the departing]member and the cash value (if any)of such policy shall be considered as a draw against the departing member's income account. 34. Except as otherwise provided by this agreement,the members agree that any dispute arising related to this agreement will be settled by Marc Johnston Law Firm, P.C. The person hired for such dispute resolution shall be chosen by a majority vote of the members.All costs of such dispute resolution will be shared equally by all members involved in the dispute. 35. Anew member maybe admitted to the limited liability company by majority consent of the members.Admission of a new member shall not cause the termination Received 6y AMCO 7.1.20 67 of the original limited liability company entity, but rather, it shall continue with the ad- ditional member. 36. Any new member to the limited liability company shall be responsible for and assume full personal liability equal to all other members for all limited liability company debts, liabilities, and obligations whenever incurred for which the other members of the com- pany have assumed personal liability. 37. If any member withdraws from the limited liability company for any reason (including the death or disability of the member), the Iimited liability company shall continue and be operated by the remaining members.The withdrawing member or his or her personal representative will be obligated to sell that member's interest to the remaining members and those remaining members will be obligated to buy that interest. The value of the withdrawing member's interest will be his or her proportionate share of the total value of the limited liability company.If necessary,the total value of the limited liability com- pany will be assessed by an independent appraisal made within 90 days of the member's withdrawal. The costs of the appraisal will be shared equally by all members, including the withdrawing member. 38. No member, during or after the operation of the limited liability company,shall engage in any business that is in competition in any manner with the limited liability company. The prohibition against competition shall continue for a period of 5 years after the member leaves the limited liability company and for any business within 50 miles of the limited liability company's principal place of business.This noncompetition agreement shall end with the termination of the limited liability company. 39. The limited liability company may be terminated at any time by unanimous consent of the members. Upon termination, the members agree to apply the assets and money of the limited liability company in the following order: (a) To pay all the debts and obligations of the limited liability company (b) To distribute the members' income accounts to there, in their proportionate share (c) To distribute the members'capital accounts to them in their proportionate share (d) To distribute any remaining assets to them in their proportionate share 40, This Operating Agreement may be amended in any manner by majority vote of the members. 41. This Articles of Organization maybe amended in any manner by majority vote of the members. Received by AMCO 7.1.20 68 4 P 42. The following additional provisions are part of this agreement: None 43. No modification of this agreement shall be effective unless it is in writing and approved by the required number of members set forth in this agreement. This agreement binds and benefits all members and any successors,inheritors,assigns,or representatives of the members.Time is of the essence of this agreement.This document is the entire agreement between the members.Any attached papers that are referred to in this agreement are part of this agreement.Any alleged oral agreements shall have no force or effect.This agree- ment is governed by the laws of the State of Alaska . If any portion of this agreement is held to be invalid, void, or unenforceable by any court of law of competent jurisdiction,the rest of the agreement shall remain in Rill force and effect. Dated January 4th ,20 18 Signature of Member Printed Name of Member Jennifer Wells Randy Wells Received by AMCO 7.1.20 69 Agenda Statement Meeting Date: October 12, 2020 From: Brenda J. Ballou, City Clerk Agenda Item: Certification of the October 6, 2020 Regular City Election BACKGROUND & JUSTIFICATION: The City conducted its annual municipal election on Tuesday,October 6,2020. The Canvass of the election was conducted on Thursday, October 8, 2020. A report stating the final results of the election, including votes cast by absentee and questioned voters, is attached for your certification. The newly-elected council members will be sworn and seated as the first item of business at the October 26, 2020 regular meeting. RECOMMENDATION: Certify the October 6, 2020 regular city election and declare the results final. 70 REPORT OF ELECTION CANVASS BOARD Certification of City Clerk's Recording We, the undersigned, duly appointed at the City Council Regular Meeting on September 28, 2020 as the Canvass Board for the City of Seward, do hereby certify that we have examined in detail all absentee, special needs and questioned ballots, original and duplicate tally sheets, and questioned and special needs registers from the City of Seward precinct. Upon completion of the canvass, it is our opinion that the attached summary of election returns, as compiled by the Canvass Board and recorded by the City Clerk, accurately reflects the totals shown on the Certificate of Election Returns (ballot statement) by the election board of the voting precinct for the October 6, 2020 Election. Dated this 81h day of October, 2020. X4, .............r (Attach Final Certificate of Results) 71 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 6, 2020 The City Canvass Board has canvassed the absentee, special needs, and questioned ballots of the Regular Municipal Election held October 6,2020. The canvass took place on Thursday, October 8, 2020. Their totals are: REPORT OF ABSENTEE AND QUESTIONED BALLOTS Absentee In-Person ballots voted 80 Absentee By Mail ballots voted 58 Questioned ballots voted on Election Day 3 Special Needs ballots voted (AVO 8 +Election Day 3) 11 Total Voted 152 REJECTED AVO In Person Reason: Not registered in time 1 AVO By Mail Reason: No voter signature and no voter identifier 1 Reason: No witness signature 1 Reason: Returned for insufficient address 1 Reason: Only one witness signature when two were required 5 Questioned Reason: Not registered in time 3 Total Rejected 12 COUNTED Absentee Ballots Counted 79 By Mail Ballots Counted 50 Questioned Ballots Counted 0 Special Needs Ballots Counted 11 Total Counted 140 October 6,2020 City of Seward Regular Election Final Certificate of Results 72 Page l of 2 FINAL CERTIFICATE OF RESULTS FOR THE CITY OF SEWARD REGULAR MUNICIPAL ELECTION HELD OCTOBER 6, 2020 TWO City Council Seats Available {Three-Year Terms) Election Day Votes Canvass Votes Total Votes Sue McCLURE 222 101 323 Liz DeMOSS 175 70 245 Sean CORRIGAN 144 47 191 Selma CASAGRANDA 58 31 90 Write In 3 1 4 SUMMARY A total of 1,832 people were registered to vote in this precinct for this election A total of 352 people voted on election day There were 138 absentee in-person (80),by-mail (58), and special needs ballots (11) There were 3 questioned ballots Totaling 496 ballots voted Minus 12 rejected ballots Therefore, 484 ballots counted for this election Equaling 26.42% voter turnout percentage (ballots counted) Upon completion of the canvass, it is our opinion that the results compiled above accurately reflect the final totals for the Regular City Election held October 6, 2020 in the City of Seward, Alaska. Dated this 8 h day of October, 2020. 1 ►ti r �C) October 6,2020 City of Seward Regular Election Final Certificate of Results 73 Page 2 of 2 REQUESTS FOR PUBLIC RECORDS City Clerk's Report Updated for October 12,2020 City Council meeting Report from September 4 through October 5,2020 PENDING REQUESTS DATE REQUESTED BY DOCUMENT REQUESTED APPROPRIATE EMAIL SENT TO EMAIL SENT TO RESPONSE NOTES RECEIVED (Summary) DEPARTMENT HEAD CITY ATTORNEY PROVIDED October 5,2020 Lexis Nexis Police Report Nickell,Schaefermeyer No Pending COMPLETED REQUESTS DATE DOCUMENT REQUESTED EMAIL SENT TO CITY EMAIL SENT TO RESPONSE RECEIVED REQUESTED BY (Summary) APPROPRIATE CITY ATTORNEY PROVIDED NOTES DEPARTMENT HEAD September 8,2020 Jessica York Police Report Nickell,Schaefermeyer No 9/17/2020 September 8,2020 Tim Apted Police Report Nickell,Schaefermeyer No 9/17/2020 Current&prior waterfront property leases and September 9,2020 Jenessa Ables any property lease rate framework or Regis No 9/15/2020 appraisals associated with them September 14,2020 Adam Sayler Polygraph exam conducted on August 25, Nickell,Schaefermeyer No 9/25/2020 2020 as part of pre-employment process September 15,2020 Jennifer Pletz All public records relating to the building at Wilde,Crites,Nilsson, No 9/15/2020 227 4 Avenue Seward,AK,Generations. September 17,2020 Janine Rugas/ All building permits processed from August 5, Nilsson,Crites No 9/17/2020 Buildzoom 2020 to present September 17,2020 Hilary Crew Police Report Nickell,Schaefermeyer No 9/17/2020 September 18,2020 Kathleen S.Jewell City of Seward Demolition Permit for 2404 Crites,Nilsson,Wilde, No 9/21/2020 Elm Street,Seward,AK Schoessler September 21,2020 Amit Gupta Police Records for Discovery Process Nickell,Schaefermeyer No 10/l/2020 September 28,2020 Sean Corrigan List of businesses in Seward city limits whose Corrigan No 9/28/2020 owners live outside the Seward area 74 Memorandum Date: October 12, 2020 To: City Council From: Jessica Stallard, Deputy City Clerk Subj: 2019 Records Destruction Council, On October 1, 2020, the City Clerk's Office conducted an authorized records destruction of city records. With the help of staff from a couple of different departments, 70 boxes were hauled up from the basement of City Hall. Despite the heavy winds and rain this week, these employees went above and beyond to assist us with this very important task. I would like to thank Public Works and the Harbor Departments for their assistance. Vital Records Control (formerly Shred Alaska) conducted the destruction, shredding a little over 1,775 pounds of paperwork. Before: After: I r I loom i T I � f i ' II A N 75 L a 1 r �l L A Y *t� � T'P Aloe m µv I K e M nm oe 4 ) M �Y � w•IVy ��. MEMORANDUM DATE: September 30, 2020 *06 TO: Scott Meszaros, City Manager FROM: Sam Hickok, Acting Finance Director RE: Accounts receivable write-offs for Electric, Water, Sewer Utilities and Harbor& SMIC Seward City Code Chapter 5.01.040 provides that the Finance Director may,on approval of the City Manager,cancel any account receivable except bills which may become a lien against property for taxes,but shall report such cancellations to the City Council.Pursuant to your approval,the finance department will be writing off the attached accounts receivable,but will continue to make attempts to collect these balances. As required by the City Code,we are also forwarding this information to the Seward City Council for their information. The cancellation list includes customers whose mail is undeliverable,have no forwarding address, who we have not yet served through small claims court action,whose accounts have been inactive,or who have small account balances which do not justify the cost of further collection attempts. For Harbor& SMIC accounts, additional reasons may include death of a boat owner, abandonment of vessels,or impounding of vessels.The cancellation process is an accounting procedure that reduces the accounts receivable to an amount that is likely to be collected, and results in halting further accrual of interest and late fees on accounts that may never be collected. However,the Harbor and Finance departments do not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time,all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska,the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. Accounts that we are unable to recover through garnishment of Permanent Fund Dividends will become candidates for pursuit of small claims actions through the court system. At this time,we are not utilizing a collections agency to assist in collections. Under contracts with a collection agency, the collection agency keeps a percentage of any accounts on which it collects, but the City is also required to pay the collection agency a percentage of the collectible accounts which we ultimately collect on without collection agency assistance. In the past, the City paid more to the collection agency than they paid to us,making it more cost-effective for us to pursue collection efforts without an outside contract. 6��nj 1;"1, L 14/: J_Z� Approved f r wr e off: pprovedZoys (Manager aSam Hickok, Acting Finance Director Scott Mes 77 MEMORANDUM DATE: September 29, 2020 TO: Samuel Hickok, Deputy Finance Director FROM: Sarka Calocci, Utility Billing Manager SUBJECT: Additional Write Offs for SPU Attached is the recommended Additional Write Offs list. Utility personnel will continue to attempt collection of these accounts. Signature 78 Name Amount AKUSA $ 208.70 BAGGETf MELISSA&DYLAN 86.70 BAIRD, MELISSA&WALLACE, DARIUS 404.67 BILYOU, KEITH ERIC 6.36 BRONKHORST,JOSEPH A&ANNETt'E 143.89 BUSH,AARON&SHUMWAY, ROSE 74.98 CHAPPELL, HOLLY 299.02 CHRYSS,ALICIA 669.21 CORBRIDGE,CLARK 264.91 DUGAY, MICHELLE 128.10 DUNCAN, LARRY 322.60 ESPRESSO SIMPATICO(STEFAN,ANGEL) 1,042.78 FROST,SCOTt' 45.10 HARNEY,CRYSTAL 659.22 HULL,JOHN 121.99 HULSE,VICTORIA 603.95 JONES,SEAN &VIA, GEORGE 251.60 KEENE, MOLLY JANE 94.56 LEDET,ANGELENA 226.83 LONG,JOHN &PAUKAN,JOSEPHINE 94.87 LONG,JOSHUA&MCGRAW, MADELINE 166.39 MCALPIN, LINDA 360.12 MOBLO,JAMES 44.55 MULLEN,ROTHAPHUS 190.06 MUSTAIN, BRANDON 39.98 OWENS, MICHAEL 232.37 PARKER, LAKEISHA 188.43 PIPKIN, IRENE 50.03 PIVONKA,TIMOTHY 9.90 POWERS, MARK 183.99 PRIDGEN,JOSEPH&VALERIE 184.47 RUSSELL, BRIANNA 177.98 SCOTf, DAVID 77.82 SKINNER,WINDI MARIE 169.98 STAVRINIDES, PATRICIA 1,161.57 THUNSTROM, KAREN 428.50 TOCCHINI, MATTHEW 32.27 TOMASSINI,SIMONA&GAGE,WILLIAM 173.29 WILLIAMS,JEFF&MELISSA 665.93 $ 10,287.67 79 CITY OF SEWARD Harbor Department P.O.Box 167 907.224 3138 907.224.7187 fax 1300 4'e Avenue liarbormaster@cityofseward.net Seward,Alaska 99664 www.cityofseward.neOiarbor MEMORANDUM DATE: August 10,2020 TO: Scott Meszaros,City Mana er"`t> THROUGH: Norm Regis,Harbormaster Sam Hickok,Finance Directors A FROM: Melody Moline,Administrative Supervisor SUBJECT: Authorization for Write Off The boat Perspective, account 2075,USCG documentation number 968529, was moored at slip 1345. On February 16, 2019 the boat caught fire. The owner, Matthew Latham passed away in the fire. The boat was a total loss. The harbor crew towed the boat over to the 50Ton Travelift and blocked the boat up on land. Matthew's next of kin did not send a signed release for the boat or pay any outstanding balance. April 7, 2020,the boat was impounded. July 2020 the boat was prepped for disposal,removed from city property,taken to the land fill and destroyed. We are requesting a write off of the remaining $2,571.95. The boat Kiwi, account 8444,Alaska registration AK63871), was sold in 2017 and the new owner never came in to register the boat with us or pay any moorage. We tried multiple attempts to reach the owner and finally contacted his father who said he has no idea how to get in touch with him since they are estranged. October 26, 2018 the boat was towed from G Float to the 50 Ton Travelift and put on blocks. All attempts to contact failed and we impounded the vessel on April 7,2020. June 2020 the boat was prepped for disposal, removed from city property,taken to the landfill and destroyed. We are requesting a write off of the remaining $10,016.48. "Providing Quality Services Through Teamwork and Continuous Improvement" 80 CY OF SEWARD Harbor Department P.O.Box 167 907.224 3138 907.224.7187 fax 1300 r Avenue liarbormaster@cityofseward.net Seward,Alaska 99664 uRvw.cityofseward.netJharbor MEMORANDUM DATE: September 10,2020 TO: City Manage THROUGH: Norm Regis,Harbormaster Sam Hickok,Finance Director0KtV" FROM: Melody Moline,Administrative Supervisor*A SUBJECT: Authorization for Write Off of$821.57 for Alaskan Wanderer The boat Alaskan Wanderer, account 1515,USCG documentation number 524239,has been impounded by the Cordova Harbor and they are in the process of doing an impound sale on this vessel. The balance of the account includes $331.59 worth of SMIC electric and daily dockage from 2015 and the remaining amount is from late fees. We have received the monthly statement back as undeliverable and the Cordova Harbor has verified that they are getting his mail returned also. The SMIC utility deposit was applied to the outstanding balance on the account in 2016 and no other deposits are pending. We are requesting a write off of the remaining $821.57. "Providing Quality Services Through Teamwork and Continuous Improvement" 81 October 2020 oTu October2020 November2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 27 28 29 30 Oct 1 2 3 4 5 6 7 8 9 10 °°r6:00pm P&Z 12:00pm PACAB 6:00pm HPC Joint Work Mtg Regular Session- Meeting SBCFSAB Council Seward 6:00pm HPC 7:00pm P&Z Mtg Work (Seward Session-Cance Librar lied Council 11 12 13 14 15 16 17 7:00pm CC Mtg 12:00pm PACAB (Council Work Session Chambers) (Chambers 18 19 20 21 22 23 24 Alaska Day Cif Holiday 6:00pm P&Z Work Session (Council Chain bers 25 26 27 28 29 30 31 7:00pm CC Mtg Chambers Council Calendar 1 10/5/2020 8:57 AM 82 November 2020 November2020 December2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 1 2 3 4 5 6 7 IIIF6:00pm P&Z 12:0Opm PACAB Joint Work Mt Session- HPC (Seward Librar 7:OOpm P&Z Mtg (Seward Librar 8 9 10 11 12 13 14 7:OOpm CC Mtg Veterans'Day 6:OOpm HPC (Council Regular Cham bers Meeting Council 6:OOpm HPC Work Session-Cance Iled Council 15 16 17 18 19 20 21 6:OOpm P&Z 12:OOpm PACAB Work Session Work Session (Council Chambers IL Cham bers 22 23 24 25 26 27 28 7:OOpm CC Mtg ThanksgivingCit Holida ___ Cham bers 29 30 Dec 1 2 3 4 5 Council Calendar 2 10/5/2020 8:57 AM 83 021 December 2020 December2020 JanuaryTh SuMo TuWe Th Fr Sa SuMo TuWe We Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 29 30 Dec 1 2 3 4 5 7:00pm P&Z Mtg I 12.001pm PACAB (Council Mt Cham bers 6 7 8 9 10 11 12 6:00pm HPC Regular Meeting Council 6:00pm HPC Work Session-Cance Iled Council 13 14 15 16 17 18 19 7:00pm CC Mtg 6:00pm P&Z 12:00pm PACAB (Council Work Session Work Session Chambers (Council Chambers Cham bers 20 21 22 23 24 25 26 12:00pm City Christmas Holiday Holiday 27 28 29 30 31 Jan 1, 21 2 7:00pm CC Mtg Chambers Council Calendar 3 10/5/2020 8:57 AM 84