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HomeMy WebLinkAbout02222021 City Council PacketSe -ward City Council t,4enda Facet Seward: Pre-1964 Earthquake Monday, February 22, 2021 City Council Chambers Beginning at 7:00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT FEBRUARY 22, 2021 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, February 22, 2021. 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. On the February 22, 2021 agenda, there will be THREE (3) public hearing items. If you wish to provide testimony about a public hearing item, you MUST do that during the public hearing testimony, NOT during citizen comments. For all other topics, this is done during citizen comments. Please indicate whether you want to speak during the FIRST citizen comments, public hearing, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS or PUBLIC HEARING TESTIMONY 1. Email your WRITTEN comments to clerk2cityofseward.net no later than 2:00 p.m. on Monday, February 22, 2021. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. hi 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 clerkgciiyofseward.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, February 22, 2021. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both, and/or during the PUBLIC HEARING(S). • 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 public hearing(s) or 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. Public Hearing testimony will be timed and limited to five (5) minutes. 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. Attending via ZOOM Enter the following information in the Zoom app or on Zoom.com: Zoom App or www.zoom.us Or Telephone: US: +1 346 248 7799 or 833 548 0276 (Toll Free) Webinar ID 965 8547 6375 Passcode: 357165 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting February 22, 2021 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Tony Baclaan Vice Mayor Term Expires 2022 Sue McClure Council Member Term Expires 2023 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Norm Regis Acting City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total speaking time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. City Manager Report ......................................... Pg. 4 C. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Chamber of Commerce Report ....................... Pg. 13 2. Historic Preservation Commission Annual Report Pg. 16 3. Planning and Zoning Commission Annual Report Pg. 17 D. Presentations —None City of Seward, Alaska Council Agenda February 22, 2021 Page I 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. Emergency Ordinances for Public Hearing and Enactment Emergency Ordinance 2021-003, Temporarily Adopting City Council Emergency Regulations Requiring Facial Coverings Inside Buildings Open To The Public In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. 19 B. Resolutions Requiring Public Hearing 1. Resolution 2021-019, Recommending Kenai Peninsula Borough Approval Of The City -Owned: Block 9, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Coastal Lots; A Replat Of Lots IA And 1B Fourth Of July Creek Subdivision, Seward Marine Industrial Center Polar Seafoods Replat; Located Within The Industrial (I) Zoning District........................................................... Pg. 23 2. Resolution 2021-020, Terminating The Existing Lease (2006-048) With Polar Equipment, Inc. And Authorizing The City Manager To Enter Into A New Lease With Polar Equipment, Inc. For Lot IA-2 Block 9, Lot 2A-2 Block 9, And Lot 2 Block 7, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat Nos. 97-27 And 2021-019 Seward Recording District, Third Judicial District, State Of Alaska....................................................... Pg. 32 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda Resolution 2020-082, Supporting Kenai Peninsula Borough Resolution 2020- 074, A Resolution Advocating For A Reduction Of Halibut Bycatch. This item was postponed from October 26, 2020..................................................... Pg. 74 9. NEW BUSINESS A. Resolutions *1. Resolution 2021-021, Approving The Port And Commerce Advisory Board's Priorities From February 2021 To February 2022 ............................. Pg. 82 *2. Resolution 2021-022, Directing The City Manager To Pursue The Return Of $25,000 From The Alaska Ocean Cluster, And Authorizing The City Manager To Provide Those Funds To The Seward Chamber Of Commerce To Assist In The Creation Of A Seward Business Development Position . ............................................ Pg. 88 *3. Resolution 2021-023, Supporting An Exemption To The Passenger Vessel Service Act (PVSA) To Allow The Cruise Ship Industry To Resume Sailing During The 2021 Season................................................................................... Pg. 95 *4. Resolution 2021-024, Opposing That Portion Of The State Of Alaska's Proposed FY 2022 Budget Which Would Charge Home Rule Municipalities For The Prosecution Of State Misdemeanor Crimes Within Each Jurisdiction . ........................ Pg. 117 City of Seward, Alaska Council Agenda February 22, 2021 Page 2 *5. Resolution 2021-025, Authorizing The City Manager To Enter Into A Contract With Yukon Fire Protection For Annual Inspection Services For The City's Fire Extinguishers, Fire Alarms, And Sprinkler Systems For A Period Of Three Years, With Two One -Year Extensions, At A Total Cost Not -To -Exceed $6,000 Per Year. .............................................................................................. Pg. 123 *6. Resolution 2021-026, Approving The Historic Preservation Commission's Priorities From February 2021 Through February 2022................................... Pg. 134 B. Other New Business Items * 1. Approval of the February 8, 2021 City Council Regular Meeting Minutes. ... Pg. 140 *2. Appoint Nathaniel Charbonneau to the Planning & Zoning Commission with a term to expire in February, 2024............................................................ Pg. 147 3. Discuss Amending the Land Use Table to allow Light Manufacturing in Central Business District........................................................................ Pg. 148 4. Discuss and score the city manager candidates interviewed on February 11, 2021 and decidenext steps................................................................................................. Pg. 150 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. January, 2021 City (Page 151) and Providence (Page 201) Financials. 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 to evaluate the City Clerk. 14. ADJOURNMENT City of Seward, Alaska February 22, 2021 Council Agenda Page 3 3 CITY OF SEWARD Norm Regis P.O. BOX 167 Ph: (907) 224-4047 SEWARD, AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT February 22, 2021 The following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: 2/02/2021 Public Works $13,700 Diagnostic equipment for shop 2/04/2021 Police $9,700 Annual dispatch software 2/04/2021 Electric $6,200 Ft. Raymond & Lawing troubleshooting & SMIC tannin 2/05/2021 Electric $19,900 Light towers & balloon lights 2/05/2021 Electric $5,000 Rock saw rental 2/09/2021 Electric $6,700 Ft. Raymond & Lawing troubleshooting & SMIC tannin City of Seward Personnel Transactions Separations: Department: Date of Separation: None New Hires: Department: Date of Hire: None Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 01/27/2020 Community Development Planner Community Dev Advertising Since 10/07/2020 Harbor Admin Harbor Advertising Since 11/09/2020 City Manager Administration Advertising Since 12/02/2020 Electric Operations Supervisor Electric Advertising Since 12/03/2020 Available Seasonal Positions: Department: Position Status: None Corrections Officer position was two positions. One has been filled with one still open. FINANCE Deputy Finance Director: Sam Hickok • Finance Director and Deputy are working together on mid -cycle budget adjustments to bring forward to Council for the second meeting in March. Jenn will be on site March 4th-March 18th to get acquainted with the department and meet the audit team from Altman Rogers who will also be on -site during that time. HARBOR Harbormaster: Norm Regis • The SMIC yard is completely full. We are moving some snow piles to make space for a tugboat that wants out of the water. • The water in the harbor has been turned off. There is signage throughout the harbor notifying where the winter water spots are located. • The 50-ton lifts have slowed down. The entire harbor crew is working as we have adjusted to COVID-19 issues/mandates while continuing to do boat lifts • The crew is continuing to clean up the last 2 lots at SMIC. This may take some time due to snow removal, but we are making headway • The harbor crew has done several 330-ton boat lifts this week between snow storms. • The fish cleaning stations are closed for the winter. • The harbor office has hired a new office staff pending paperwork. • We have upgraded to the new software and are still working through some minor issues. • The harbor office will be closed on Sundays. Any phone messages received on Sundays are being monitored and responded to by the Sunday harbor crew. 0 The harbor had only one slip relinquishments for the 2021 first six-month moorage. ELECTRIC Director: Rob Montgomery • Website Content — Work to update content on Seward Electric's pages on the City of Seward website has begun. In addition to new homepage information, there are three new pages on the site: Safety First, Right -of -Way Clearing and Saving on Your Energy Bill. The homepage content outlines Seward Electric's mission and how it will conduct business moving forward. Plans are to continue updating the site with fresh content and topics, as well as with photos and other images. The next new page planned for the site will be Interconnection (net metering), along with a new application for the interconnect. • DOT Project (Seward Highway Mile 17-22.5 Rehab) — Conference calls were held this week as DOT is finalizing plans to move forward with its Mile 17-22.5 Rehab project, which will require our lines in the area to be moved. We are currently working through the logistics and coordination of our work with the DOT team running the project. DOT would like to begin the project in late summer or early fall, but the timing could be impacted by environmental permitting and/or other logistical issues. Our work on the project will take approximately four weeks, based on ground conditions and weather. • Operations Supervisor Position —We updated the job description and it was reposted on February 9. • Field Engineer Position —We updated the job description and it will be reposted on February 16. • Camelot Subdivision (update from previous report) — Expecting the permit from the Kenai Peninsula Borough any day. Once received, crews will need a day or two to review plans and move equipment, and then they will begin digging the trench and burying the conduit. Crews will finish pulling wire and making service available in the spring when ground and weather conditions improve. • Safety Audit (update from previous report) — We have been in touch with the Alaska Power Association safety expert and he has shared self -evaluation materials with our plant operators and crews. We are targeting mid to late March for him to visit our facilities to conduct his safety audit. SEWARD COMMUNITY LIBRARY & MUSEUM Director: Valarie Kingsland SPECIAL BUILDING REPORT We are pleased to announce that the leak in the Museum Secured Storage area was successfully repaired on February8, 2021 ! Additional work will be scheduled to address other areas of concern as soon as it can safely be done since it may require shutting down the heat for the entire building. Collections have been temporarily moved to the exhibit area to store and protect them from damage. The Museum will be closed and unavailable to appointments during the repairs and while collections are temporarily stored in the exhibit area. Library Museum staff and our partner organizations, the Resurrection Bay Historical Society and the Seward Community Library Association, whose historical collections are entrusted to our care, have agreed to close the Museum until the work is completed to reduce risk of damage to the collections. Other museum work is being carried out during the closure along with the changing of the window display to highlight artifacts and information about the Museum and our partners. The repair work is not expected to impact Library operations, but we will send out a press release if it turns out it will. Updates will be posted to our website at www.cityofseward.us/libmus. Contact Director Kingsland at vkin _ slg andgcityofseward.net or 907-224-4008 with any questions. NEW MUSEUM WINDOW DISPLAY Peek Inside While the Museum is closed for maintenance, peek in the windows to see the complete museum collection stored on their mobile racks. You may see a pair of snowshoes, a suitcase, a lighthouse beacon, or a railroad lantern. These items are normally in a secure storage room and not available for public viewing. Make the best of this rare opportunity and see what you might discover! Artifact of the Month February: Glass Flower Collage (made with broken 1964 earthquake glass!) The Museum will begin featuring a new artifact or photo each month. This month's artifact is a glass flower collage made from glass collected at Seward Drug after the 1964 earthquake. Also featured are photos of the inside of Seward Drug after the earthquake and the owners, Paul and Hazel Stockard, in front of the store as it undergoes repairs from the aftermath of the earthquake. Rockwell Kent's Wilderness and Adventure on Fox Island A window display all about American artist and author Rockwell Kent's book Wilderness: A Journal of Quiet Adventure in Alaska. Kent's book celebrates 100 years since its original publication in 1920. The display, titled "Wilderness: An Adventure on Fox Island", brings together quotes and illustrations from the book with historical photographs of Kent and his son from their time in Resurrection Bay during the winter of 1918. Special thank you to Doug Capra, local historian, for his help in creating this exhibit and loaning the Museum three different editions of Kent's book Wilderness to display. His knowledge of Rockwell Kent's life and his collection of Kent paraphernalia have been invaluable. MUSEUM PARTNER VOLUNTEER APPRECIATION Thank you to the Resurrection Bay Historical Society and the Seward Community Library Association The Seward Community Library & Museum (SCLM) would like to take this opportunity to thank our nonprofit partners and all of their volunteers who donate their time to the library and museum. Last year, for the museum alone, the Historical Society volunteered 392 hours in the building and the Library Association volunteered 105 hours in the building. Our museum volunteers also put in many hours at home that SCLM doesn't keep track of. We appreciate their dedication to the museum collection! LIBRARY & MUSEUM SERVICES Note hours and services are subject to change as the COVID-19 situation and staff capacity changes. Visit www.cityofseward.us/libmus for updates. Contact us at 907-224-4082 or email libmus e,cityofseward.net. • Library: Tues-Sat, 1 lam-8pm for walk in, curbside delivery, and appointment services. • Museum: Temporarily closed for maintenance until spring. • Free WiFi 24/7 outside the building, no password. Grab-N-Go services • Library Browsing & Borrowing: New books, videos and board games available! Contact us for curbside delivery. • Public Access Computers • Copy/Fax/Print/Scan • Notary Public • Take Home Craft Kits (limited supply) Services by Appointment • Passport Acceptance (limited appointment availability; expect long processing delays) • Meeting Room use (call or email for details) COVID-19 PRECAUTIONS • Universal Face Coverings (free masks available while supplies last) • Social Distancing • Hygienic Practices • Minimal Contact Time • No COVID-19 symptoms OPEN HALF DAY HOURS: Staff Training and Work Day First Tuesday of the Month, February - May • Tues, March 2: 3-8pm • Tues, April 6: 3-8pm • Tues, May 4: 3-8pm Dedicated training time allows staff to meet all together, acquire training, and to develop work skills, services and programs, as well as focus on projects to better serve our community. We're also in the process of training new staff. Updates will be posted to our website at www.cityofseward.us/libmus. Thank you for this opportunity to serve you better! TAKE HOME CRAFT/ACTIVITY HITS 2°d and 411 Saturdays New Craft Kits starting in March! Craft/Activity kits continue as we give away previously made kits starting the 2nd and 4th Saturday of the month. Craft kits for various ages will be available to pick up while supplies last. Kits include age -appropriate information, activities, and crafts related to a theme. Adult supervision recommended. 2021 SUMMER READING CHALLENGE Planning Stage We're busy getting ready for the upcoming Summer Reading Challenge. Last year's virtual program model was unexpectedly successful, so much so that we're excited to the follow the same format. Expect to see more details later this spring about how everyone of all ages in our community can participate. FOOD DONATION BIN and FREECYCLE BIN A dry Food Donation Bin is located at the top of the stairs to the library. Canned and dry food left in this bin is donated to our local He Who Will Provide Food Bank. A Freecycle Bin is located nearby for free reusable material such as grocery bags, mailing envelopes, packing supplies, paper and containers in order to promote sustainable living in Seward. ALASKA'S 10 TO TRY READING CHALLENGE Dec 7 - April 15 Join this independent nationwide reading challenge with an Alaskan twist. This challenge encourages participants to read 10 books from 10 different genres by April 15, 2021. Online registration is open statewide to individuals, groups or families at alaska.beanstack.org/reader365, but isn't required to participate. Sponsored by the Alaska State Library. Pick up a checklist and some books at the library and get started! 1) Thrills & Chills 2) Fantasy, Science Fiction 3) Historical Fiction 4) Banned Books 5) Graphic Novels 6) Alaskana 7) Award Winner 8) Biography/Memoir 9) Travel 10) Humor PARKS & RECREATION Director: Tyler Florence MISSION Preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations. COVID-19 RESPONSE • Programs and services maybe impacted by COVID-19. Please check program pages for the latest updates. • AVTEC has closed the gym (aka Student Services Center) to the public until further notice. UTILIZATION: January 30 — February 12 Cam round Rentals 132 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 RV and tent sites. Reserve your site today on Campspot visit our campground page for more details: hgps ://www. cilyofseward.us/departments/parks-recreation/campgrounds • Winter camping is in effect. SPORTS & RECREATION Visit RecDesk to view our current program offerings: hllps://seward.recdesk.com/Communiiy/Home /Home 10 COMMUNITY DEVELOPMENT Director: Jackie Wilde In response to comments made regarding the 2016 "Parks and Recreation Master plan" at the February 8th Council meeting: The 2016 plan has never been adopted. The current adopted plan is from 1993. Looking back into history, the Planning and Zoning Commission has held multiple work sessions which resulted in the 2016 "DRAFT" plan. Previous staff requested to make changes to the 2016 plan and bring it back to the commission for approval, but unfortunately that didn't happen. In 2020, Community Development spoke with the new Parks and Rec Director regarding the plan and gave him the background on the 2016 draft in general. Community Development believes that Parks and Rec is working on bringing an updated draft for Planning and Zoning to review. We look forward to helping Parks and Recreation and the citizens of Seward in the future to develop a new master plan. What is Community Development? Anything dealing with people working together to make our community better can be put under Community Development, whether those are social or economic needs. The goal is to make the entire community stronger. City planning, beautification, and zoning and permitting are all part of Community Development efforts for the City of Seward. Community Development seeks to empower individuals and groups of people with the skills they need to effect change within their communities. These skills are often created through the formation of social groups working for a common agenda. Community developers must understand both how to work with individuals and how to affect communities' positions within the context of larger social institutions. The "Did You Know" flyer this month is about the Difference between Community Development and Planning and Zoning. is Do you know... What is the difference between Community Development and Planning & Zoning The Community Development Department consists of Community Development Director, Planner and Planning Assistant. The staff provides technical and administrative support to the City of Seward Citizens, Staff, and the Planning and Zoning Commission Board. Additionally, the staff is also responsible for review of all Business License, Lodging Permit, Sign Permit, Building Permit, Rezone, Conditional Use Permit applications, Encroachment permits. Land use & Lease amendments, Lease assignments, Non -Conforming verifications, Preliminary plat review, Recording, Site plan reviews, Code Compliance, Street addressing, Variance permits, Zoning changes and appeals, Code and City Plans review. Commission ? HOW CAN WE HELP? D 9(Eo INFORMATION HELP ADVICE ASSISTANCE ETV /� I DEVVELOPMELOPMENT 2244048 OR 2244049 U4*2 goo The Planning and Zoning Commission Board is a seven member Board DIRECTION GUIDANCE appointed by Council that meets on the 1st and 3rd Tuesday each month. The Commission is charged with specific duties and responsibilities to include: Interpret the provisions of code and make SOLUTION COMPLIANCE compliance determinations when requested. Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward Zoning Code. Conduct reviews of the City of Seward Comprehensive Plan. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. The commission acts in an advisory capacity to the City Council regarding the Seward Zoning Code, Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council. They also act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding, Subdivision plat proposals; Right-of-way and easement vacation petitions; KPB Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. Jackie C. Wilde, Community Development Director 224-4048 or Andy Bacon, Planning Assistant 224-4049--238 Fifth Avenue, at the corner of Fifth and Adams Our Mission —To provide community resource information services relating to the orderly development of the community, to promote safety and public order, protect the public health and general welfare of the citizens of the community and to stimulate systematic development of transportation, public utilities, school, and other public facilities through implementation of Council and Administration planning, zoning, historic preservation and City land management policies. Chamber of Commerce — Executive Director Report February 22, 2020 Board Meeting (report submitted — February 16tn) CARES Funds Program: Thank you for approving the additional CARES funds that enabled us to do this event! It seemed like there were a lot of people in town this last weekend. There was a lot of activity, starting day one, in regards to people turning in receipts. We received some positive feedback from businesses about how well it was going and how it was motivating people to spend and spend more than they normally would. When we get more detailed information as to how it went overall, I will be sure to report that back out. PACAB: At this month's PACAB meeting, we discussed Economic Recovery and the Chamber's role / informal plans around that. Chamber Assessment/Planning: On top of our normal staff meetings and work we are doing, we are doing "deep dives" into the following topics. Organizational Structure / Development (overall), Membership, Marketing, Budget, Signature Events, Other Promotions/Events. From these meetings we are developing where we are at, prioritizing what we need to do (short term and long term), and then going to be developing some action items and overall draft goals for the chamber. KPEDD: Tim Dillon will be speaking our virtual luncheon in March. He will be going over some new things they are doing to continue to develop business on the Peninsula. Staffing: We are going to be advertising in the coming month or so for our visitor center staff. I would like to have them hired late March / early April. Website Progress. During the next couple months, we are going to be doing some heavy lifting on the website. We will be getting Simpleview all of the written content. Some of this we have already but much we do not. Kat will be heading this up along with some help from Aisha. We also have to procure a number of photos for the website as well. We built up our stock with Janessa Anderson over this last year. KPTMC (Kenai Peninsula Tourism Marketing Council) Board Update: Having our Board Retreat here in Seward — Friday March 12 @ Harbor 360. KPTMC lost shoulder season marketing contract for non -incorporated communities. Cruise Industry Meetings: I wrote a letter in partnership with the AKRR to the federal delegation to encourage the CDC to engage with the cruise industry. The week after, we heard about the closure from Canada. We are monitoring the situation and advocating where we can. I was on a call with ATIA last Friday and it sounds like the CDC has been given a directive to reach out to cruise lines and that they are working on the PVSA issue. Great Alaskan Sportsmen Show (GASS). GASS has been postponed until 2022. Visitor Guide: We have boxes here at the office. Feel free to come by and grab as many as you might need. 13 Additional Marketing: Now that we are done with the visitor guide, we are also working on developing some trade materials for both the Marine Industry and Conference/Wedding destination parts. Visitor Services: The visitor Center is still open during the week from 11 am — 3pm Monday — Friday and are closed on the weekends. Silver Salmon Derby: The 2021 SSD will be August 14t" — 22nd. We met on December 7t" and discussed what next summer may look like and what we need to do to make this event sustainable. We will be making recommendations to the board in January and February. We will be discussing this at the meeting. Calendar of Upcoming Events: 2/19 — KPTMC Board Meeting 2/22 — City Council Meeting — Chamber Report 3/3 — Port and Commerce Advisory Board Meeting 3/4 — Seward Marine Committee Meeting 3/11 — Mount Marathon Committee Meeting March — State of the Chamber virtual luncheon Early March — Community Awards (hybrid event — part in person and part virtual) Reports from the Staff: COMMUNICATIONS REPORT: (Kat) Social media: • Increasing use of new media tools i.e. reels, guides, etc. • Post engagement across platforms at an average of 15,000 per month • Utilizing Crowdriff platform throughout website and social media Website redesign • Focus on expanding website's use beyond tourism o Meeting with Laura re: maritime use functions, adjust sitemap accordingly • A third of the way through 150 pages of content for web redesign due March 26 Press • Engaging local press o Weekly interviews with Seward Journal o KDLL interview re: Shop Seward • Reiterating the ability for visitors to participate in Shop Seward • Fielding requests for comments re: cruise ship ban Visitor Guide/Leads • Sent out request for 1,500 visitor guides to be mailed. —500 direct requests and 1000 leads purchased from ATIA • Released update on the latest edition of the visitor guide to explain this year's changes, growth, and distribution. • httDs://www.facebook.com/SewardChamber/Dhotos/a.116184906430821/455965772452731/ MEMBERSHIP REPORT: (Aisha) Total Active Members: 357 • Simpleview CRM/CMS 14 o Supporting transition of content, listings and brand collateral to new platform o Developing robust amenities categories for new member listings o Bringing annual applications and processes online (ad sales, vendors, sponsors) o Writing content for Chamber/Membership related pages • 2021 Membership Survey: results dashboards: o https://www.surveymonkey.com/stories/SM-JC6BPVF2/ o https://www.surveymonkey.com/stories/SM-P63RV7F2/ o https://www.surveymonkey.com/stories/SM-8KQS27F2/ o Crafting report/post to community/members with highlights • Supporting team projects: o `Valentine's Day' winter weekend promotions support o `Shop Seward' program coordination and promotions • Supporting Director/Board w/ 0 ByLaws and member code of conduct review/development 0 Transition/goal setting/planning for membership director position into 2021 0 2021 Community Awards planning • First meeting notes, and draft nomination form • Engaging partners for 2020 member programming, including o BuyAlaska social media planning group - providing local Seward content o RISQ business housekeeping webinar (Feb/March) o How to co -promote with the Seward Chamber member webinar (Jan/Feb) o AK SBDC - 4-part online class pack - will be available to members for the season o ATIA/AGA informational session (March/April) PROMOTIONS REPORT: (Marissa) • Shop Seward/Valentine's Weekend Event Support o Promotional graphics/Voucher o Social media posts o Individual graphics for participating businesses • Professional Development 0 Grow With Google training • Nonprofit event support o Seward Cares (Homeless connection event) - flyers, social media & coordination o HYPER - (Early Childhood Care & Education Survey launched, over 40 responses so far: https://forms.gle/UVH35S7F7JiFZdbQ6) - promotion/social media support • Other: o Individual meetings/check-ins with members on how to best participate in Chamber promotions (Social media, comarketing etc.) W 2020 Year End Historic Preservation Commission (HP) Report to Council Work Sessions Held by the Historic Preservation Commission: • January 9, 2020 at 6:00 p.m: Review the HP Agenda Packet for the January 9, 2020 meeting • March 14, 2020 at 6:00 p.m: Review the HP Agenda Packet for the March 12, 2020 meeting and work on aligning the commission's priorities with the meeting schedule Events Hosted by the Historic Preservation Commission • July 20, 2020 at 7:30 p.m: Hoben Park Tour • August 28, 2020: Founder's Day Celebration & Rockwell Kent Centennia • September 8, 2020 at 12:00 p.m: Hoben Park Work Day 2020 Resolutions Approved by the Historic Preservation Commission: • Resolution 2020-01, Recommending Council Approval of the Historic Preservation Commission Priorities from February 2020 to February 2021. • Resolution 2020-02, Recommending That the 2020 Seward Historic Preservation Award Be Bestowed to Iris Darling, and John S. French Posthumously. • Resolution 2020-03, Recommending Council Accept The 2020 State of Alaska Historic Preservation CLG Grant #20005: Seward Historical Tour: Public Education Signage Project. • Resolution 2020-04, Supporting the Preservation Of Lots 3, 4-5 And N Of Lot 6 Block 16 Original Town site of Seward As Multi -Family Residential (R3) U11 The Planning and Zoning Commission has held Work Session on the following topics: March 9, 2020, had a joint work session with Council: Discussed P & Z Priorities May 19, 2020, Discussed Chapter 15.10.140 Definitions and 15.10.226 Land Uses Allowed Table July 21, 2020, Discussed draft code of ordinance updates for communication towers August 18, 2020, Discussed draft code of ordinance updates for communication towers September 15, 2020, Discussed Walkable Mural application and Title 15 Lodging October 20, 2020, Discussed Title 15 definitions pertaining to Dwelling, Lodging, and Housing November 3, 2020 Had a joint work session with Historic Preservation, discussed City code and how to make changes to City code December 1, 2020 Discussed Jesse Lee Home property and city survey results December 15, 2020 Discussed Dwelling definitions The Planning and Zoning Commission has approved four Conditional Use Permits through the following Resolutions: Resolution 2020-01 Granting A Conditional Use Permit to Polar Seafoods To Allow Membrane Structures to Be Used as Temporary Structures to Serve as an Employee Campground on Lot 2a, Block 9, Fourth of July Creek Subdivision Within the Industrial Zoning District Resolution 2020-04 Granting A Conditional Use Permit to Sockeye Point Marine Services LLC To Construct and Operate A Bunkhouse on Tract F Fourth of July Creek Subdivision Number Two Within the Industrial Zoning District Resolution 2020-08 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to John Wisel 11 to construct and operate a mixed -use commercial building with 3 studio apartment units located at 213 Fifth Avenue in the Central Business district (CB) Resolution 2020-13 of the Seward Planning and Zoning Commission, Granting A Conditional Use Permit to Blaine Bardarson For Storage in Place of The Obi/Icicle Employee Campground Units Located At 1607 Northwestern Circle Leirer Industrial Subdivision Lot 2 Block 3, For the Purpose of Maintenance and Renovation, In the Industrial (I) Zoning District 17 The Planning and Zoning Commission has recommended the following preliminary plat for Kenai Peninsula Borough approval: Resolution 2020-05 Recommending Kenai Peninsula Borough Approval of The Point Subdivision; Creating Two (2) Tracts, Each Located Inside and Outside Seward Municipal Boundaries; Vacating Lot Lines, Dedicating Rights -Of -Way and Utility Easements; Located on Nash Road Within the Industrial (I) Zoning District The Planning and Zoning Commission has recommended Council approve the following land use amendment: Resolution 2020-02 Recommending City Council Approval of The Rezoning of Forest Acres Lots 00, PP, And XX, From Single Family Residential (R1) To Multi Family Residential (R3) Resolution 2020-10 of the Planning and Zoning Commission of The City of Seward, Alaska, Recommending City Council Amend Title 15 Of Seward City Code Regarding Commercial Communications Towers to Provide Special Provisions for Such Land Use Resolution 2020-12 Of the Seward Planning and Zoning Commission, Recommending That the City Council Amend the Land Use Plan and Zoning Designation of Lots 15a and 15b, of Jesse Lee Heights Subdivision Addition No 4 With the Physical Address Of 101& 105 Benson Drive from Multi -Family Residential (R3) To Park (P) The Planning and Zoning Commission approved the following New Business items: Resolution 2020-02 Recommending City Council Approval of The Rezoning of Forest Acres Lots 00, PP, And XX, From Single Family Residential (R1) To Multi Family Residential (R3) Resolution 2020-03 Granting a Variance from Seward City Code 15.10.222 Development Requirements Table to Charles McEldowney, Permitting an Exception to The Zoning Code to Allow A 5 Foot Side Yard Setback to A Street on Lot 20, Block 38, Original Townsite Seward 601 Fourth Avenue, Within the Office Residential Zoning District Resolution 2020-06 Recommending City Council Approval of The Rezoning of Lots 2, 3, 4-5 And NI/z Of Lot 6 Block 16 From Multi -Family Residential (R3) To Central Business District (CB) Resolution 2020-11 of The Planning and Zoning Commission of The City of Seward, Alaska, Recommending City Council Approve the Renaming of The North/South Right of Way Currently Known as Rush Loop to Dunham Drive Located Within the Gateway Subdivision Resolution 2020-14 Of the Seward Planning and Zoning Commission, Granting A Variance from Seward City Code 15.10.220 Development Requirements to Philip Zimmerman, Permitting an Exception to The Zoning Code to Allow for a Total Sign Area Greater Than 32 Sgft for the Temporary Advertising of The Gateway/ Phoenix Heights Subdivision Located At 2004 Dunham Drive, Gateway Subdivision Addition 1 Lot 1 Block 3, In the Multi -Family (R3) Zoning District 18 Sponsored by: Regis Introduction Date: February 22, 2021 Public Hearing Date: February 22, 2021 Enactment Date: February 22, 2021 CITY OF SEWARD, ALASKA EMERGENCY ORDINANCE 2021-003 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY ADOPTING CITY COUNCIL EMERGENCY REGULATIONS REQUIRING FACIAL COVERINGS INSIDE BUILDINGS OPEN TO THE PUBLIC IN RESPONSE TO THE RAPID INCREASE IN COVID-19 CASES WITHIN THE CITY OF SEWARD WHEREAS, the United States Center for Disease Control and Prevention (CDC) has identified COVID-19 as a significant public risk; and WHEREAS, on March 11, 2020, and November 6, 2020 Governor Dunleavy issued declarations of public health disaster emergency in response to the outbreak of COVID-19 within Alaska's communities, and WHEREAS, the Seward City Council previously declared a local emergency as a result of the COVID-19 outbreak; and WHEREAS, on April 9, 2020, President Donald J. Trump declared that a statewide emergency exists in Alaska; and WHEREAS, the City of Seward experienced a sudden and substantial increase in COVID- 19 positive cases the end of June and additional regulations with Emergency Ordinance 2020-008 was approved in response; and WHEREAS, though the community saw a decrease in COVID-19 cases between August and September 2020, cases are now increasing with the Kenai Peninsula Borough reporting 11 cases in Seward since January 31, 2021, and WHEREAS, on November 6, 2020, Governor Dunleavy issued a further disaster declaration that will take effect starting November 16, 2020; and WHEREAS, on November 12, 2020, Governor Dunleavy issued an emergency statement finding that the current escalation of COVID-19 infections among front-line workers, including healthcare staff, first responders, and servicemembers and their support crews, as an imminent threat to the safety of Alaskans. and urging Alaskans to wear face masks when social distancing is not possible and to maintain social distancing by staying six feet apart from all non -household members, and 19 CITY OF SEWARD, ALASKA ORDINANCE 2021-003 WHEREAS, on January 12, 2021, Department of Health and Social Services Commissioner, Adam Crum, certified that Alaska is currently experiencing a severe statewide outbreak of COVID-19, and will continue to do so, without immediate intervention, which includes the distribution of vaccines; and WHEREAS, on January 12, 2021, Alaska has had over 47,000 confirmed cases and 222 deaths, and in January 2021, a new strain of the SARS-CoV-2 was identified as being more contagious than the original strain, and is spreading in the United States; and WHEREAS, on January 15, 2021, Governor Dunleavy issued Emergency Declaration: COVID-19 Outbreak Health Order No. 8, Intrastate Travel, and WHEREAS, this Emergency Ordinance is Administration's attempt to continue the City's good efforts to reduce the spread of the coronavirus and keep our community open, and WHEREAS, City Council finds the temporary implementation of social distancing and facial covering regulations necessary to preserve the public health and safety and slow the spread of COVID-19 within Seward's borders; and WHEREAS, according to the CDC, in -person gatherings where it is difficult for individuals to remain spaced six feet apart and attendees include friends and family members from outside an immediate household currently pose the highest risk of COVID-19 transmission; and WHEREAS, the World Health Organization indicated in a scientific brief published March 29, 2020 that COVID-19 is spread primarily by respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the CDC recommends wearing face coverings in public settings where other social distancing measures are difficult to maintain and acknowledges that a significant portion of individuals with coronavirus are asymptomatic but can still spread COVID-19 to others; and WHEREAS, the CDC issued a scientific brief updated on November 10, 2020 identifying multiple scientific studies and investigations that "have confirmed the benefit of universal masking in community level analyses" each of which "demonstrated that, following directives from organizational and political leadership for universal masking, new infections fell significantly" which can be found at the following internet address: https://www.cdc.gov/coronavirus/2019- ncov/more/masking-science-sars-cov2.htm1 and, WHEREAS, requiring individuals to comply with federal and state medical guidance regarding facial coverings and additional social distancing restrictions is necessary to preserve public health and safety during the COVID-19 pandemic; and 20 CITY OF SEWARD, ALASKA ORDINANCE 2021-003 WHEREAS, the City acknowledges the importance of every individual' s constitutional right to privacy and due process, but finds the regulations included in this Ordinance to be narrowly tailored, both in duration and scope, to preserve these constitutional rights while protecting the public from an immediate threat to life and safety; and WHEREAS, the affirmative vote of all members present at the city council meeting at which this ordinance is considered or the affirmative vote of five members of the city council whichever is less is required for enactment of this emergency ordinance. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. Emergency Declaration. Pursuant to SCC 2.15.040, Council declares that a state of emergency continues to exist that requires immediate action by Council to preserve public health, welfare, and safety of the Seward community and protect it from the spread of COVID-19. Section 2. City Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation: Council Emergency Regulation: Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public recommendations. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. Section 3. Codification. This ordinance is an emergency ordinance, is not permanent in nature, and shall not be codified. Section 4. Effective Date. This ordinance shall take effect on February 23, 2021 and shall remain in effect for sixty (60) days through April 24, 2021, or until the declaration of emergency regarding COVID-19 expires without renewal. Q CITY OF SEWARD P.O. Box 167 410 Adams Street Seward, Alaska 99664.0167 M Seward City Council Emergency COVID-19 Regulation FACIAL COVERINGS • Main Office (907) 224-4050 • Police (907) 224-3338 • Harbor (907) 224-3138 • Fire (907) 224-3445 • City Clerk (907) 224-4046 • Community Development (907) 22-4049 • Utilities (907) 224-4050 • Fax (907) 224-4038 Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: l . Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public recommendations. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. Per Emergency Ordinance 21-003 (non -code), enacted February 22, 2021 and effective February 23, 2021 at 12: 00 a.m. This ordinance shall remain in effect for sixty (60) days through April 24, 2021, or until the declaration of emergency regarding COVID-19 expires without renewal. W Sponsored by: Regis Public Hearing: February 22, 2021 CITY OF SEWARD, ALASKA RESOLUTION 2021-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE CITY -OWNED: BLOCK 9, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, COASTAL LOTS; A REPLAT OF LOTS IA AND 1B FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER POLAR SEAFOODS REPLAT; LOCATED WITHIN THE INDUSTRIAL (I) ZONING DISTRICT WHEREAS, on behalf of the City of Seward, Enterprise Engineering has surveyed and developed a preliminary replat of City -owned Block 9, Fourth of July Creek Subdivision, to be known as Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC) Coastal Lots; and WHEREAS, this platting action subdivides Lot IA and Lot 2A, Block 9, Fourth of July Creek Subdivision, SMIC, 2007-02; creating four (4) parcels to be located on the west side of Nash Road between Morris Avenue and Mustang Avenue; involving approximately 3.8 acres; and WHEREAS, the properties of this replat are located within the Industrial Zoning District (I); the minimum lot size and lot width as required by City Code have been met; and WHEREAS, the purpose of this replat is to create new lease parcels with the potential to support operations for the US Coast Guard and Polar Seafoods; and WHEREAS, City staff have reviewed the preliminary replat; and WHEREAS, Block 9 is currently serviced by private roads, municipal water, sewer, electric and other utilities; therefore, no subdivision installation agreement shall be required; and WHEREAS, the replat protects and provides easements for existing and planned utilities throughout the replat area; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners and leaseholders within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and 23 CITY OF SEWARD, ALASKA RESOLUTION 2021-019 WHEREAS, the Seward Planning and Zoning Commission held a public hearing on February 2, 2021 and approved P&Z Resolution 2021-01, recommending the Seward City Council and Kenai Peninsula Borough approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Coastal Lots replat; and WHEREAS, in accordance with Seward City Code § 16.01.015 (B), no preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby recommends the Kenai Peninsula Borough Planning Commission approve the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Coastal Lots Replat. Section 2. This resolution shall take effect thirty (30) days after passage and posting, as required by Seward City Code § 7.05.145. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22na day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 24 Agenda Statement Meeting Date: February 22, 2021 To: City Council Through Norm Regis, Acting City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: Resolution 2021-019 recommending Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Coastal Lots Replat BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Enterprise Engineering, on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B), "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." This replat is located within the Seward Marine Industrial Center (SMIC). This platting action subdivides Lot IA and Lot 2A, Block 9, Fourth of July Creek Subdivision, SMIC, Plat no. 2007-02; creating four (4) parcels; involving approximately 3.8 acres. The new parcels are located on the west side of Nash Road between Morris Avenue and Mustang Avenue. The purpose of this platting action is to create new lease parcels with the potential to support operations at the Polar Seafoods fish processing plant, and to create a parcel to support operations for the US Coast Guard fast response cutter. SUBDIVISION REVIEW: Zoning: The replat is within the Industrial Zoning District. Current development surrounding this replat includes Jag Industrial & Marine Services, the Polar Seafoods fish processing plant, newly constructed floats for moorage, and the City boat storage yard and washdown pad parcels. Utilities: The replat area is currently serviced by roads, municipal water, sewer, and electric; no subdivision installation agreement shall be required. Existing Uses:. Block 9 currently contains the Polar Seafoods fish processing plant and adjacent equipment storage and seasonal employee campground. A vacant parcel, currently known as Lot IA, contains a parking and staging area servicing the newly constructed fisherman's float. The adjacent parcel to the north consists of a staging area to serve the public crane. Flood Zone: A portion of these parcels, located along the western property line, is located within the VE coastal high hazard area flood zone. PIR CONSISTENCY CHECKLIST: Yes No N/A Seward 2030 Comprehensive Plan (approved by Council, 2017) 3.5 Port and Harbor Development (page 16) 1. Section 3.5.1 Maintain a thriving port of Seward through harbor X improvements, infrastructure expansion, and implementation of management plans. 2. Strategic Plan (1999) X Seward City Code: 16.01.015. Conditions to plat approval. 3. b) No preliminary plat of city -owned property may be submitted to the Kenai X Peninsula Borough planning commission for approval without the prior consent of the ci council. Staff Comments: All staff and administration concerns have been addressed and all City department heads recommend approval of the preliminary replat. FISCAL NOTE: Surveying costs of $2,700 were split between the SMIC Fund and the General Fund under the contracted services line item. Approved by Finance Department: ATTORNEY REVIEW: Yes No X N/A RECOMMENDATION: Approve Resolution 2021- 019, recommending Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Coastal Lots Replat 41- Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2021-01 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF SEWARD, ALASKA RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED: FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, COASTAL LOTS; A REPLAT OF LOTS IA AND 1B FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER POLAR SEAFOODS REPLAT; LOCATED WITHIN THE INDUSTRIAL (I) ZONING DISTRICT WHEREAS, Enterprise Engineering, on behalf of the City of Seward, has submitted a preliminary replat of City owned Block 9, Fourth of July Creek Subdivision, to be known as Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC) Coastal Lots; and WHEREAS, this platting action subdivides Lot IA and Lot 2A, Block 9, Fourth of July Creek Subdivision, SMIC, 2007-02; creating four (4) parcels to be located on the west side of Nash Road between Morris Avenue and Mustang Avenue; involving approximately 3.8 acres; and WHEREAS, the properties of this replat are located within the Industrial Zoning District (I); the minimum lot size and lot width as required by City Code have been met; and WHEREAS, the purpose of this replat is to create a new lease parcel to support operations at the Polar Seafoods processing plant; and WHEREAS, City staff have reviewed the preliminary replat; and WHEREAS, Block 9 is currently serviced by private roads, municipal water, sewer, electric and other utilities; therefore no subdivision installation agreement shall be required; and WHEREAS, the replat protects and provides easements for existing and planned utilities throughout the replat area; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners and leaseholders within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage. 27 Seward Planning and Zoning Commission Resolution No. 2021-01 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission hereby recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC) Coastal Lots to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC) Coastal Lots. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of February 2021. AYES: Swann, Hatfield, Charbonneau, Verhey, Ecklund NOES: ABSENT: Ambrosiam, Seese ABSTAIN: VACANT: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Cindy L. Ecklund, Chair 28 P&Z Agenda Statement Meeting Date: February 2, 2020 To: Planning and Zoning Commission Through Jackie C. Wilde, Community Development Director& From: Andy Bacon, Planning Assistant Agenda Item: Resolution 202 1 -01 recommending City Council and Kenai Peninsula Borough approval of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Polar Seafood Lease Lots replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to City Council and the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Enterprise Engineering, on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." This replat is located within the Seward Marine Industrial Center (SMIC). This platting action subdivides Lot I A and Lot 2A, Block 9, Fourth of July Creek Subdivision, SMIC, Plat no. 2007-02; creating four (4) parcels; involving approximately 3.8 acres. The new parcels are located on the west side of Nash Road between Morris Avenue and Mustang Avenue. The purpose of this platting action is to create a new lease parcel to support operations at the Polar Seafoods fish processing plant, and to create a parcel to support operations for the US Coast Guard fast response cutter. SUBDIVISION REVIEW: Zoning: The replat is within the Industrial Zoning District. Current development surrounding this replat includes Jag Industrial & Marine Services, the Polar Seafoods fish processing plant, newly constructed floats for moorage, and the City boat storage yard and washdown pad parcels. Utilities: The replat area is currently serviced by roads, municipal water, sewer, and electric; no subdivision installation agreement shall be required. Existinm Uses: Block 9 currently contains the Polar Seafoods fish processing plant and adjacent equipment storage and seasonal employee campground. A vacant parcel, currently known as Lot IA, contains a parking and staging area servicing the newly constructed fisherman's float. The adjacent parcel to the north consists of a staging area to serve the public crane. Flood Zone: A portion of these parcels, located along the western property line, is located within the VE coastal high hazard area flood zone. 29 City of Seward, Alaska Seward Planning & Zoning Commission Minutes February 2, 2021 Volume 7, Page 441 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Swann/Charbonneau) Approve the agenda and consent agenda Motion Passed AYES: Charbonneau, Swann, Verhey, Hatfield, Ecklund NOES: none December 1, 2020 Regular Meeting Minutes were approved on the consent agenda December 15, 2020 Special Meeting Minutes were approved on the consent agenda SPECIAL ORDERS, PRESENTATIONS AND REPORTS Administration Report Jackie Wilde discussed the February 1, 2021 Council work session going over possible uses of Lot 7A Fort Raymond, including possible sale of a portion to Chugachmiut for a new health clinic. Wilde referred to some example maps hanging in council chambers. At the end of the work session, Council referred the item to Planning and Zoning for an additional work session and gathering of public comment. Wilde also discussed the upcoming Planning Conference. In response to Ecklund, Wilde read over the proposed use of Lot 7A from the 2104 municipal land management plan. Other Reports, Announcements, and Presentations - None New Business Items requiring a Public Hearing Resolution 2021-01 Recommending City Council And Kenai Peninsula Borough Approval Of The City Owned: Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Polar Seafood Lease Lots; A Replat Of Lots 1A And 1B Fourth Of July Creek Subdivision, Seward Marine Industrial Center Polar Seafoods Replat; Located Within The Industrial (I) Zoning District Chair Ecklund opened public hearing on this item. Hearing no one wishing to speak, Chair Ecklund closed public hearing and asked for the staff report. Bacon provided an overview of the proposed platting action, stating the purpose was to create a new lease parcel to support operations at the Polar Seafoods fish processing plant, and to create a parcel to support operations for the US Coast Guard fast response cutter. Bacon stated that the entire area was in the Industrial Zoning District, and described the surrounding development of the area. Bacon stated that city staff had reviewed the preliminary plat and no objections were reported, and that all public noticing requirements of city code were followed. 30 City of Seward, Alaska Seward Planning & Zoning Commission Minutes February 2, 2021 Volume 7, Page 442 Motion (Charbonneau/Swann) Approve resolution 2021-01 Recommending City Council And Kenai Peninsula Borough Approval Of The City Owned: Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Polar Seafood Lease Lots; A Replat Of Lots IA And 1B Fourth Of July Creek Subdivision, Seward Marine Industrial Center Polar Seafoods Replat; Located Within The Industrial (I) Zoning District Charbonneau and Swann had no comments on the plat. Ecklund asked how the name "polar seafoods lease lots" was chosen. Wilde stated that surveyor Stacy Wessel was on the phone and could answer. Wessel stated the subdivision name was the project name that was chosen, and stated the replat title could be whatever they wanted, providing the portion describing the name of the subdivision remain. Ecklund asked about the location of utility easements. Bacon stated that all easements were carried forward from the parent plat. Wessel discussed the easements in greater depth with the Commission. Wilde confirmed that there were utilities located within the described easements. In response to Ecklund, Wessel stated that the location of large boulders was shown on the preliminary plat to give the City a reference point to proposed new lot lines. Wessel stated that other features noted on the preliminary plat were for the City to use for information, and would not appear on the final plat going before the Borough. Motion (Ecklund/Swann) Motion Passed Main Motion Passed New Business Amend the title of the replat to "coastal lots" AYES: Hatfield, Swann, Charbonneau, Verhey, Ecklund NOES: AYES: Swann, Charbonneau, Verhey, Hatfield, Ecklund NOES: 1. Discuss planning and Zoning Priorities from April 2021 to April 2022 Wilde discussed upcoming joint work session dates with Council. Commission discussed this year's priorities based on the 2020-2021 annual priorities resolution, and advised Staff of desired additions, and specified those priorities which should be moved to "short term" versus "ongoing" 0i Sponsored by: Regis Public Hearing: February 22, 2021 CITY OF SEWARD, ALASKA RESOLUTION 2021-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TERMINATING THE EXISTING LEASE (2006-048) WITH POLAR EQUIPMENT, INC. AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH POLAR EQUIPMENT, INC. FOR LOT IA-2 BLOCK 9, LOT 2A-2 BLOCK 9, AND LOT 2 BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NOS. 97-27 AND 2021- 019 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is owner of certain real property known as Lot IA-2, Block 9, Lot 2A-2, Block 9 and Lot 2, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, as shown on Plat No. 97-27 and Plat No. 2021-019, Seward Recording District, Third Judicial District, State of Alaska (the "Property"); and WHEREAS, Lot IA-2, Block 9 is currently unoccupied, and is located at the Seward Marine Industrial Center (SMIC); and WHEREAS, Lot 2, Block 7 and Lot 2A-2, Block 9 (which consists of a portion of Lot 2A, Block 9 Plat No. 2007-02) are currently leased by Polar Equipment, Inc. (Polar Equipment); and WHEREAS, the current lease expires June 7, 2021; and WHEREAS, Polar Equipment submitted a proposal to lease the Property from the City for purposes of operating a fish processing facility and dock; and WHEREAS, with the US Coast Guard relocating to SMIC, Lot 2A-1 Block 9 is needed for the new US Coast Guard uplands lease site; and WHEREAS, terminating the current lease and entering into a new lease with Polar Equipment, Inc. for Lot 2 Block 7, Lot lA-2 Block 9 and Lot 2A-2 Block 9 would free up Lot 2A- 1 Block 9 for the US Coast Guard; and WHEREAS, leasing the Property to Polar Equipment is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan; and WHEREAS, a properly noticed public hearing has been held as required by Section 7.05.125 of the Seward Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Kea CITY OF SEWARD, ALASKA RESOLUTION 2021-020 OF SEWARD, ALASKA that: Section 1. For the reasons stated in the recitals and incorporated herein by this reference, it is in the public's interest to terminate Lease 2006-048 and to authorize the City Manager to execute a new lease for Lot 2, Block 7, Lot 2A-2 Block 9 and Lot IA-2 Block 9 with Polar Equipment, Inc. Section 2. The City Manager is hereby authorized to execute a new lease for Lot 2 Block 7, Lot 2A-2 Block 9 and Lot lA-2 Block 9 with Polar Equipment Inc. in substantially the form as presented at this meeting. Section 3. This resolution shall take effect thirty (30) upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22na day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 33 i Meeting Date: February 22, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Norm Regis, Harbormaster Agenda Item: Terminating existing Lease 2006-048 and authorizing the City manager to enter into a new lease with Polar Equipment, Inc. for Lot lA-2 Block 9 Lot 2A-2 Block 9 and Lot 2 Block 7, located at the Seward Marine Industrial Center, Kenai Peninsula Borough Platt no.2021-000 Seward Recording District, Third Judicial District, State of Alaska i 1 i Polar Equipment has been operated a fish processing facility for many years at SMIC. Their current lease expires in June 2021. With the United States Coast Guard relocating to SMIC, additional land was needed for the United States Coast Guard upland facility. The City is working with Polar Equipment to meet the Coast Guard's requests. In doing so, we decided to replat the area to make 2 new lease sites. One of the new lease sites will be leased to Polar Equipment and the previous Polar Equipment lease site will be rearranged to accommodate all parties involved. Since Polar Equipment Inc.'s current lease expires in June 2021, this is the perfect opportunity to work on this issue by re -leasing land to Polar Equipment, Inc. and then preparing the new United States Coast Guard proposed lease site. Polar Equipment has issued a proposal to lease Lot 2 Block 7, Lot 2A-2 Block 9 and Lot lA-2 Block 9, Fourth of July Creek Subdivision within the industrial zoning district, Seward Marine Industrial Center, 3409 Jellison Avenue. The land will be used for a fish processing plant, dock, and storage area for processing equipment. Lot 2A-2 Block 9 and Lot 2 Block 7 are served by utilities at this time. INTENT: To terminate lease 2006-048 and enter into a new, long-term lease between the City of Seward and Polar Equipment for Lot 2 Block 7, Lot 2A-2 Block 9 and Lot 1A-2 Block 9 Fourth of July Creek Subdivision at the Seward Marine Industrial Center for a fish processing plant, dock, and storage area for fish processing equipment. CONSISTENCY CHECKLIST: Yes No NIA 34 Comprehensive Plan (Comp Plan 2030 - 3.1.1.2): Update and expand 1. infrastructure for commercial and industrial properties that are currently X underdeveloped. Strategic Plan (Page 3): Attract New Industry: We are a community 2 that promotes economic diversity encourages growth of year-round X businesses desires environmentally responsible industry and seeks jobs that promote a higher standard of living 3. Other (list): FISCAL NOTE: The annual lease amount is $25,678.00 plus tax. The lease rate for all 3 parcels is based on 8% of the fair market value ($320,975.03). Two of the parcels were appraised by MacSwain Appraisals, LLC dated February 6, 2020. The leased property will be re -appraised every five years (next scheduled for 2025) and the rent will be adjusted accordingly. Between appraisals, the rent will be adjusted each year according to the Consumer Price Index (CPI). Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2021- 020 authorizing the City Manager to enter into a new lease with Polar Equipment Inc. for Lot 2 Block 7, Lot 2A-2 Block 9 and Lot lA-2 Block 9, Fourth of July Creek Subdivision in the Seward Marine Industrial Center, Plat No. 2021-019 in the Seward Recording District, Third Judicial District, State of Alaska. B& Location Map - Seward Marine Industrial Center Polar Seafood Replat Lots 1A, 2A Block 9 Due to different data sources property lines and aerial imagery do not I overlay correctly. Map is to be used for orientation and reference purposes only. 1011 80 160 320Feet Polar Seafood Lease Work Session Drawn By: EAK 10/09/2020 I M. .M I or Y W Olt of Lr—z big&"r 11 N of o L _b 0 P&Z Resolution 2021-01 Fourth of July Sub, S��MIC PDgArc§egTgaqdoLease e`rtOltSs and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. - art Location of proposed replat N 0 62.5 125 250 Feet Drawn By: AB 37 CEF I OTE OF OWNERSHIP DEDIC41 Cy LEGEND 6[tt✓/0 tm . �a'v.r (WO xwmt anirclxm fi w) fH[ NN Ix[ axuw69 or lu[ kru �oanAo-.arrurzv +aa7/a a'asrat[.�' TINE 114E Of5WP11M 12 =3 7 8 vreorcnv sxmvu wo oacwem xwsory wo zxnz (9 fwp xwser uan i v�imsv i � I uazer�>� �+n F[caRo PPRC[L �uuoem � m Ixis FLW C, sueomspu nuo et pivJ [auFl ma COIbPn omiru[ nu / .w s�-r/------- reCx,x � w.. aNre Preal« a�� Ire Pxxlc xg arre rereaM aLL �,uorlL � `a �- Ana 9 r _ Pw4x�m � rerv1 _ 1 a 7 �# m� C, P�uE„, ��CG�„� PLAT wnxomuo omLw smw,uwE are�wm xwe T'-im,�a L�'-° aoa J �__ s __— SYMBOL EEGENDvm THIS R o�,"°r ,° u I a uuo� ew] mmE mlm6[re aw xoo,-s �2 ml rel 24 19 20 NOTARY ACKNOWLEDGEMENT • I�NWSICILI lirvounrew] wou;Iew zcxwc oisein ® n. FIl uurvmn[wm eQoII u[ IUG pvr or 1°R0. I ncaff/w'oore • Daum ,. ,xis m a aeoaaso awnuC uvpu, uo wuremm s"mr xvs e¢M re a[aloaum. rvm xxxl�c mx � ., - i ,,� �, r" I�°x� P°� INIZ lo,x1 rvw s, xxrexxlmx IFII, � IEre°mo_ 1 o �c u. rouu�n�Crv�x6. I „F,< • _ a ° ° =L wa< xor,lx Pu, s<m«re emu,. P,x 111 11 A mom. CERTIFICATE OF ACCEPTANCE • } m acmme uwuolE -� I • o Y _ _ _ ooz-s werel rvm ruuv oiulrvsiorvlo. loennory sxewry xlreeory �oCIxlxPxal °°s I o lk s 1 01,xls aw D-11ID I mzwxs I ' iez uar xmrt mrvewm wrvore surerus rra�urea rvm 4 `�.�s • I I �I � �� olP�m u[e[au. rv�wry ivaawcuonsw cw[wuwc CCmlaPl tcxswuF, oawaic Cl1-1 ✓acarrvzno, rlawERN cVill_ SURVEYOR'S CERTIFICATE omu wu�oroazmYnew Irv°° rea<, xo m nr 1 ~ T s 21111 nssz'@)I IC cnr o01 r vxx°aiso uncal o[scaAe[o R 11.1 IL" MEIs�ous�za//r/�ojre- a o[i��IIEI xi ns PLAT APPROVAL 6° I R P R E L I 0 V tl I P "ax��o x1rv�rvx x_,uore of I ;A Pr­i Pll .� FOURTH OF JULY CREEK SUBDIVISION uuous,e�ul SEWARD MARINE INDUSTRIAL CENTER POLAR SEAFOOD LEASE LOTS IA-1, 1A-2, 2A-1 & 2A-2 BLOCK 9 �aTal. 1111111111111LExx - �� i`--- -� �L,•wn�,�xc n IE L aa�a,oLareoLo1 �lTwTL mI � �'i Pq to,1 dvLCsv bsgar = -w­sE---=—_ •ENGINFERING, INC. DOo6a q Dko@a 9 Tract A3 do4 aQ wg Tract A3 (Nash Road) - . mmo,•5 ���rvo mw [soo,e orE zr„ss� zs.9aELot Lot 1ABlock CERTIFICATE OF Sl1RVEVOR .,mamas oe onc=i=• =r ia,e ....yms. ems M C�,�.Sy N + NOTES- n. I ��� •. cl — — — — — _ — — — T9W'." ., sen ==9 I`N 4P DDOO C�L3 Cti rn nP � a do4 �3 u< 'i—= e 11.1 o, CERTIF ;'P, I r'JNI h H P . i_.J all. V ry c m m , (Olga Street) z: s- oDs.,,w - II NOTARY'S ACKNOWLEDGMENT / LEGEND 006 1�1— swory ryoAe� IOO4=Gl o s/ea.em a=.=m PLAT APPROVAL DDo@a a 47 �ovrv�sA� n. TME w�ms of ry �o� os.rv.�w LESSEE CERTIFICATE �O / nwnvc a ,rvc su C �— � RECORDED 3.. JdlA3i Acc of ,E =o� . >s:ma..= n U m 3 S NOTARY'S ACKNOWLEDGMENT rvn""n n �aoa aloe / svwsu XPB FILE No_ 2006-1�2 xe e v«s 13'-" o.r of eecMwt RJudi/ Creek Subdivision Seuxird Marine Industrial Center Fourth of N }'� Polar Sealbod Reptat (sorrel Road`) 13�oc�l� �10 a [rvss'a, ss-w�u aoo7-a S-e tnu utirV LEASE AGREEMENT between CITY OF SEWARD, ALASKA and Polar Equipment Inc d/b/a/ Polar Seafoods Effective Date: Ato] TABLE OF CONTENTS ARTICLE 1 - LEASED LAND.................................................................................................... 2 1.1 Description of Leased Land.................................................................................... 2 1.2 Covenant of Quiet Enjoyment; Warranty of Title ................................................... 2 1.3 Property Accepted................................................................................................... 2 1.4 Permits.................................................................................................................... 2 1.5 Platting....................................................................................................................3 1.6 Development of Leased Land............................................................... 3 ARTICLE 2 - LEASE TERM...................................................................................................... 3 2.1 Lease Term.............................................................................................................. 3 ARTICLE 3 - RENTAL RATE................................................................................................... 3 3.1 Initial Rental Rate................................................................................................... 4 3.2 Rental Adjustments.................................................................................................. 4 3.3 Procedure for Rental Adjustment............................................................................ 4 3.4 Effect of Late Appraisal by CITY............................................................................ 5 3.5 Appraisal by LESSEE............................................................................................. 5 3.6 Effective Date of Adjusted Rental Rate................................................................... 5 3.7 Interim Rental Adjustments..................................................................................... 5 3.8 Late Payment Charge............................................................................................. 6 ARTICLE 4 - USE OF LEASED LAND.................................................................................... 6 4.1 Use of Leased Land................................................................................................. 6 4.2 Obligations ofLESSEE........................................................................................... 6 4.3 Use of the Dock.............................................................................. 7 4.4 No Preferential Rights to Use Public Facilities..................................................... 8 4.5 Adequacy of Public Facilities................................................................................. 8 4.6 Tariffs and Other Service Fees............................................................................... 8 4.7 Time for Payment of Utilities and Taxes................................................................. 8 4.8 Other Uses.............................................................................................................. 8 4.9 Use of Public Docks and Port Facilities..................................................8 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS.......................................................... 9 5.1 Utilities....................................................................................................................9 5.2 Third -Party Improvements...................................................................................... 9 5.3 Easements............................................................................................................. 10 ARTICLE 6 - CONSTRUCTION BY LESSEE....................................................................... 10 6.1 Improvements on Leased Land............................................................................. 10 6.2 City Review of Construction................................................................................. 11 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS .................................... 11 7.1 Return of Leased Land in Original Condition...................................................... 11 7.2 Return of Leased Land in Different Condition.......................................12 ARTICLE 8 - FORCE MAJEURE........................................................................................... 12 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT..................................................................... 12 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE .................................................. 13 :si ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ....................... 15 11.1 Real Property Improvements................................................................................ 15 11.2 Personal Property................................................................................................. 15 ARTICLE 12 - ASSIGNMENT OR SUBLEASE.................................................................... 15 12.1 Assignment of Lease or Subleasing....................................................................... 15 12.2 Assignment of Lease for Security.......................................................................... 16 12.3 Assignment to Affiliate .......................................................................................... 17 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 17 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY................................................. 17 ARTICLE 15 - INSURANCE.................................................................................................... 17 15.1 Minimum Insurance Requirements....................................................................... 17 15.2 Subrogation Rights Waived................................................................................... 18 ARTICLE 16 - CONDEMNATION.......................................................................................... 19 ARTICLE 17 - ARBITRATION............................................................................................... 19 17.1 Arbitration............................................................................................................ 19 ARTICLE 18 - MAINTENANCE AND REPAIRS................................................................. 20 18.1 Normal Maintenance............................................................................................ 20 18.2 Safety Issues.......................................................................................................... 20 18.3 Cost of Repairs...................................................................................................... 21 ARTICLE 19 - ENVIRONMENTAL CONCERNS................................................................ 21 19.1 Hazardous Materials............................................................................................ 21 19.2 Permits and Reporting.......................................................................................... 24 ARTICLE 20 - ESTOPPEL CERTIFICATES........................................................................ 24 ARTICLE 21 - CONDITIONS AND COVENANTS.............................................................. 24 ARTICLE 22 - NO WAIVER OF BREACH........................................................................... 24 ARTICLE 23 - TIME OF THE ESSENCE.............................................................................. 25 ARTICLE 24 - COMPUTATION OF TIME ........................................................................... 25 ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 25 ARTICLE 26 - ENTIRE AGREEMENT................................................................................. 24 ARTICLE 27 - GOVERNING LAW........................................................................................ 25 ARTICLE 28 - PARTIAL INVALIDITY................................................................................. 25 ARTICLE 29 - RELATIONSHIP OF PARTIES.................................................................... 25 ARTICLE 30 - INTERPRETATION........................................................................................ 26 ARTICLE 31 - CAPTIONS....................................................................................................... 26 ARTICLE 32 - AMENDMENT................................................................................................. 26 ARTICLE 33 - NOTICES.......................................................................................................... 26 ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC ............................... 26 EXHIBIT A ii t% THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and POLAR EQUIPMENT, INC d/b/a POLAR SEAFOODS (the "LESSEE"), an Alaska corporation whose mailing address is 1035 W. Northern Lights Boulevard, Anchorage, Alaska 99503. WHEREAS, LESSEE has been leasing several lots from the City, Lot 2 Blk 7, Fourth of July Creek Subdivision Seward Marine Industrial Center as shown on Plat No. 97-27 (approximately 13,525 sq ft.) , and Lot 2A Block 9 Fourth of July Creek Subdivision Seward Marine Industrial Center as shown on Plat No. 2007-02 (approximately 1.978 acres), Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 86,162 square feet, more or less both of which are located in the Seward Marine Industrial Center ("SMIC") ("the Current Lease"); and WHEREAS, the Current Lease (lease 06-48) expires June 7, 2021with an option for one additional five year extension; and WHEREAS, with the US Coast Guard moving from the city side of the bay to SMIC additional land is needed to accommodate the U.S. Coast Guard; and WHEREAS, transferring a portion of Lot 2A Blk 9 back to the City will allow the City to accommodate the US Coast Guard needs for land at SMIC; and WHEREAS, Lessee and City have agreed that a parcel of land to be newly platted as Lot 1 A- 2 Blk 9, (approximately .64 acres), Fourth of July Creek Subdivision Seward Marine Industrial Center (Plat No. 2021- _), will be leased to Lessee to store fisheries and vessel equipment on to replace that portion of Lot 2A Blk 9 that will be leased to the U.S. Coast Guard; and WHEREAS, Lessee and City have agreed that aparcel of land to be newly platted as Lot 2A- 2, Blk 9(approximately .402 acres), Fourth of July Creek Subdivision Seward Marine Industrial Center (Plat No. 2021- _), will be leased to Lessee for Lessee's commercial fish processing operations; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: 1 43 ARTICLE 1 - LEASED LAND 1.1 Description ofLeased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 2 Blk 7, as shown on Plat No. 97-27 and Lot 2A-2 Blk 9 and Lot lA-2 Blk 9, as shown on Plat 2021-_, Fourth of July Creek Subdivision Seward Marine Industrial Center Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 1.352 acres or 58,914 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant ofQuiet Enjoyment; Warranty of Title. Subj ect to the encumbrances as of the date hereof, any restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Property Accepted "As -is. " LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re -zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 2 44 1.5 Platting. Cost of preparation and filing of Plat No. 2021- have been paid by CITY. If LESSEE requests a further replat of the Leased Land, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. hi the event CITY elects to replat, LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the replat of the Leased Land or the replat of CITY -owned real property adjacent to the Leased Land. 1.6 Development of Leased Land. LESSEE shall continue to operate a fish processing facility, dock and uses necessary and incidental thereto, through the term of the Lease. LESSEE understands that construction and operations of its marine -related business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's operation of the Seward Marine Industrial Center. ARTICLE 2 - LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2021- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on March 24, 2041. LESSEE shall have the right to extend the term of this LEASE for 2 additional 5 year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE.] ARTICLE 3 - RENTAL RATE 3 45 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2025, the annual rental rate for Lot lA-2 and Lot 2A-2 Block 9 is $21,678.03 and the annual rental rate for Lot 2 Blk 7 is $4,000.00 for a total annual rental rate for the Leased Land of $25,678.03. Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one -quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2025, and on the same date every five years thereafter (each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value thatvaries from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 4 46 3.4 Effect ofLate Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date ofAdjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased 5 47 beginning July 1, 2022 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use ofLeased Land. CITY has limited land available for lease. LESSEE may use the Leased Land to operate a Fish Processing Facility and dock and uses necessary and incidental thereto. Such use of the Leased Land has been determined by the City Council of CITY to be in the public interest. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands in the SMIC. d) LESSEE shall continue to operate a fish processing facility and dock and uses and necessary and incidental thereto, on the Leased Land. e) Any changes to the Leased Land require prior CITY approval, through the City Manager. f) LESSEE shall maintain clear unobstructed access of at least fifteen (15) feet around existing fire hydrants, shall provide twenty (20) feet emergency service vehicle access on the dock to the edge of the water and shall provide an emergency service vehicle 6 48 access route with ingress/egress points on Nash Road, Sorrel and the dock, as approved by the Seward Harbormaster and Fire Chief. g) LESSEE shall not allow any camping on the lease property unless the LESSEE obtains all required permits for an employee campground. 4.3 Use of the Dock. LESSEE must be assured that its supply of raw fish from vessels and its ability to ship fish products is not disrupted. This assurance is required in order for LESSEE to remain competitive in the fish processing industry as vessel operators may be unwilling to commit to purchase or sell to LESSEE without assurance. Accordingly, City grants LESSEE the right to have vessels receiving or delivering fish and fish products to LESSEE's facility on the Leased Land and at the dock ("Lessee Vessels") to be accorded the right to berth their vessels at the dock immediately upon arrival to the Seward Marine Industrial Center. LESSEE shall immediately advise the Seward harbormaster upon learning of the anticipated arrival time of all incoming Lessee Vessels in order to facilitate CITY"s scheduling of berthing at the dock. Similarly, LESSEE shall advise the Seward harbormaster of anticipated departure times immediately upon learning of the anticipated departure time of all outgoing Lessee Vessels. a.) Maintenance of Dock: LESSEE shall, at its sole expense, provide maintenance and fire protection for the dock in accordance with the requirements of Article 18 of this lease. The cost of general routine maintenance, including cathodic protection, shall be paid by LESSEE. LESSEE will provide City annually, by March 1, a written report for the previous calendar year, outlining the work accomplished on the Dock and the cost of that work. LESSEE shall have the cathodic protection reviewed on an annual basis by a qualified person or firm. Any report generated by such qualified person or firm shall be made available to City. LESSEE will be responsible for correction of deficiencies described in said report. b) Damage Repairs: LESSEE shall, at its sole expense, promptly repair damage to the Dock resulting from LESSEE's use of the Dock or use of the Dock by others in connection with the LESSEE's business. For purposes of damage caused by public use of the Dock unrelated to LESSEE's business, the Dock shall be considered a public dock and shall be governed by same regulations, rules or tariffs as other public facilities owned and operated by CITY. c) Determination of Responsibility for Damage: Each year during the term of this Lease, LESSEE shall notify the CITY of the date LESSEE shall (i) commence fish processing operations on the Lease Land (the "Operation Commencement Date") by giving the CITY fourteen (14) days written notice prior to such date (the "Operations Commencement Notice"); and (ii) and terminate fish processing operations on the Leased Land (the "Operations Termination Notice"). The operations Commencement Notice shall identify damage which LESSEE determines was caused by public use of the Dock unrelated to LESSEE's fish processing operations for the previous season. The Operations Termination Notice shall identify damage which LESSEE determines resulted from LESSEE's use of the 7 49 Dock or use of the Dock by others in connection with LESSEE's business which occurred since the Operations Commencement Date that year. d) City Operations: CITY shall operate the dock as a city facility and, except for Lessee's requirements set forth in this section, CITY shall have the discretion to adopt regulations, rules, tariffs and other provisions with respect to the Dock. e) Indemnification: LESSEE shall indemnify CITY and provide insurance for the Dock in accordance with the requirements of Article 13 and 15 of this lease. f) Regulatory Approvals: If additional regulatory approval becomes necessary to secure LESSEE's rights to use the Dock as set forth in this Section, then the CITY shall continue to operate the Dock as a public facility and the CITY and LESSEE shall jointly prepare and submit for approval to any regulatory agency having jurisdiction a Dock Use Agreement including the provisions set forth in this Section. The parties agree to incorporate in the Dock Use Agreement as many of the provisions of this Section as are not prohibited by law. Further, to the extent that LESSEE's operations are reasonable impaired by the exclusion of any of the provisions of this Section, City agrees to cooperate in obtaining any waivers, approvals, or other agreements, including, if necessary, voter approval by the voters of Seward. 4.4 No Preferential Rights to Use Public Facilities. Except in Section 4.3, this lease does not grant to LESSEE any preferential rights to use any public port facilities. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive or preferential use. 4.5 Adequacy ofPublic Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE. LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.6 Tams and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.7 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 8 50 4.8 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for property within the CITY, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.9 Use ofPublic Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies and may be used to serve other customers of CITY without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several tenants of CITY from agreeing to share the cost of constructing a utility to serve their facilities. CITY or an other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or the other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or another utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third -Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third -party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: 9 51 a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third -party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it may be necessary, desirable, or required that street, railroad, water, sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. 10 52 d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non -responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured on all policies of insurance maintained by LESSEE contractors. ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS 11 53 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non -abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. 7.2 Return of Leased Land in Different Condition. Notwithstanding the provisions of Section 7.1 above, upon termination of this LEASE for any reason LESSEE may return the Leased Land in a re -contoured or graded clean, safe and stable condition different from its original condition provided CITY grants written approval of LESSEE's plans for development of the Leased Land contours, including its plans for material extraction and final grade. ARTICLE 8 - FORCE MAJEURE hi the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under this LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition 12 54 or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. 9.7 Failure to promptly pay when due any user, wharfage, or other charges by the City of Seward; or 9.8 Failure of LESSEE to promptly pay when due any real or personal property taxes or any sales taxes assessed by the Kenai Peninsula Borough or the City of Seward. 9.9 Use of Leased Land, or any portion of the leased land, for camping without appropriate permits obtained from the City of Seward. ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that 13 55 compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 14 56 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 - ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. a) The use of the Leased Land by the proposed sub lessee shall be compatible with the use of the adjacent land; b) The proposed use is permitted under the then existing zoning regulations and comprehensive plan; c) LESSEE has made written request to sublease a portion of the Leased Land or buildings or improvements located thereon and provided CITY with a copy of the 15 57 sublease agreement. The sublease agreement shall state that it is subject to and subordinate to this LEASE and any amendments thereto; d) The sublessee shall agree to defend, indemnify and hold harmless the CITY, its officials, employees, and agents, from any and all liability or claims for damages, including personal injuries, death and property damage arising out of or resulting from sublessee' s use of the Leased Land by themselves, their agents, contractors, guests or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors; e) LESSEE's full faith and credit shall remain obligated under this LEASE as though the sublease had not taken place; f) The sublessee shall assume and agree in writing to pay and perform all the obligations of LESSEE hereunder including, without limitation, Article 19 — Environmental Concerns; g) The sublessee must have a credit -worthiness demonstrated to be equal to or better than LESSEE and operating experiences suitable to manage any facilities located on the Leased land. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender ("Lender") for development of or operations on the Leased Land, provided that Lender shall be subj ect to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right (without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, 16 58 provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend, indemnify, and hold harmless CITY, its officials, employees, agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify, and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain during the Lease Term, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non -owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. 17 59 LESSEE shall also maintain workers' compensation insurance as required under Alaska law. Where applicable, coverage for all federal acts (i.e., U.S.L. & H. and Jones Act) must also be included. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Leased Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies except workers compensation. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land. Current Certificates of Insurance evidencing compliance with the requirements of this Article 15 shall be provided to CITY on or before each April 1 during the Lease Term and upon renewal of each required policy. Failure to comply with these provisions for insurance and Certificates of Insurance shall be an Event of Default. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsement releasing CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials, employees or volunteers, or others working on behalf of the CITY. This provision shall be applicable and in full force and effect with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity other than CITY, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 - ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.300 et. sec .), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other parry a request for arbitration. The party receiving a request shall have twenty (20) days to consent, in writing, to the use of arbitration to resolve the dispute. Failure of either parry to consent will preclude the use of arbitration for that dispute. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. 19 61 b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation, nor any claim based on conduct that is a felony crime in the State of Alaska. c) Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. If the Alaska Court System is not able to or declines to provide a list the parties shall obtain a list of five (5) arbitrators from either the American Arbitration Association or a similar alternative dispute resolution organization. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long- term commercial real property transactions. Each parry shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Seward, Alaska or such other location as the parties may agree. Each party shall produce at the request of the other parry, at least thirty (30) days in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 - MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non -abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense 20 62 and risk. LESSEE shall maintain in good operating condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well -versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost ofRepairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 - ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. 21 63 b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak, or emit, orpermit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and 22 64 expert fees, court costs, and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur after April 25, 2006 or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE, Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and 23 65 Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 - ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party, execute, acknowledge, and deliver to such parry, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, 24 66 covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms, covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 - ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 - PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 - RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of jointventure or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. 25 67 ARTICLE 30 - INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles, paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 - AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 - NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Polar Equipment, Inc. Mike Shupe, President 1035 W. Northern Lights Blvd Anchorage, Alaska 99503 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC 26 68 LESSEE acknowledges that the CITY OF SEWARD lacks the personnel and resources to provide onsite fire protection in the Seward Marine Industrial Center, and emergency response time may be longer than for other areas in Seward. LESSEE accepts the risks inherent in conducting its operations in this area and willingly assumes, at its sole cost and risk, the obligation to provide fire protection to its operations on Leased Land in SMIC, and fire prevention to industry standards to minimize risks to adjacent facilities and nearby operations. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: CITY OF SEWARD Norm Regis, Acting City Manager Date: ATTEST: Brenda Ballou City Clerk LESSEE: POLAR EQUIPMENT, INC. Mike Shupe, President Date: 27 69 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Norm Regis, known to me and to me known to be the Acting City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the corporation for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2021, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared by Mike Shupe known to me and to me known to be the President of Polar Equipment, Inc. who executed the foregoing document on behalf of Polar Equipment, Inc. as an Alaskan Corporation and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the corporation for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: 28 70 LEASE EXTENSION (RE-2006-048) THE CITY OF SEWARD, ALASKA, a home rule municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY," whose address is PO Box 167, Seward, Alaska 99664 and Polar Equipment, Inc., dba Polar Seafoods, hereinafter referred to as the "LESSEE", hereby agree that the lease agreement 2006-048 for Lot 2 Block 7, Lot 2A, Block 9, 4"' of July Creek Subdivision, Kenai Peninsula Borough, Plat No. 2007-2, Seward Marine Industrial Center, Third Judicial District, Seward Recording District, State of Alaska is hereby amended as follows: ARTICLE 1.7 Development of Leased Land LESSEE shall continue operate a fish processing facility, dock and uses necessary and incidental thereto, through the term of the lease. LESSEE understands that construction and operations of its marine -related business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2 LEASE TERM and OPTIONS TO EXTEND The term of this lease shall be extended in accordance with Resolution No. 2006- 048 for 5 years (5) years and shall terminate on June 7, 2021. LESSEE shall have the right to extend the term of this LEASE for ONE additional Five (5) year period, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. Page 1 of 3 VA ARTICLE 3 RENTAL RATE The Annual Rental Rate on the effective date of this amendment through June 30, 2020 is $44,000.00 and shall be adjusted on July 1, 2020. All other terms of ARTICLE 3 remain unchanged. ARTICLE 15.1 Minimum Insurance Requirements All minimum insurance limits may be increased to conform to industry standards on request by City. 17.1 Arbitration Section (a) is amended to reflect the current jurisdictional limit of the Superior Court and all references to Fifty Thousand Dollars ($50,000) are changed to One -Hundred Thousand Dollars ($100,000). In all other respects, the Lease is to remain unchanged and in full force between the undersigned parties. LESSOR: LESSEE: CITY OF SEWARD POLAR Equipment, 1111C / ih Jim Hunt, City manager e Shupe, Pr ident Date: l c)- , 1 �> , / -�_ ATTEST: A( � flkl*4�a�IM Jo anna Ki e ity Clerk (City Seal) STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) Date: l 2- 11 4 f Z 0 L5 4.�. � �s�� n�aion®aaea,reee m o & rt +ff.J; r„ Page 2 of 3 VA THIS IS TO CERTIFY that on this day of , 2015, before 11✓C �w�t��-c� me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Jni° 44mt, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNES '�Y)TA Y 14 cYriG..b'IQZ STATE OF ALASKA THIRD JUDICIAL DISTRICT 1 seal the day and year first hereinabove written. T � 110 NdfARY iUBIk IN AND F R ALASKA My Commission Expires: ss. THIS IS TO CERTIFY that on this 141k day of D ,12L, � e 2015 Before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Mike Shupe, known to me and to me known to be President of Polar Equipment, Inc. and Alaskan corporation and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the corporation for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. NOTARY Bt LIC IN AND FOR ALASKA My Commission Expires: Z 2- Z 0 C Page 3 of 3 73 Sponsored by: Council Member Baclaan Postponed: October 26, 2020 CITY OF SEWARD, ALASKA RESOLUTION 2020-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING KENAI PENINSULA BOROUGH RESOLUTION 2020-074, A RESOLUTION ADVOCATING FOR A REDUCTION OF HALIBUT BYCATCH WHEREAS, it has been more than five years since the State of Alaska, through the federal North Pacific Fishery Management Council, agreed to lower Pacific halibut bycatch caps in the face of a diminishing biomass; and WHEREAS, despite efforts on both sides for five years, tying the management of halibut bycatch to the halibut abundance is still not a reality; and WHEREAS, while the federal council struggles with the abundance -based management issue, Alaska's small boat commercial, charter, sport and subsistence fleets and their coastal communities bear the short and long-term impacts that high halibut bycatch creates; and WHEREAS, short-term impacts are felt every year when halibut fishermen in the Bering Sea lose a part of their annual allocation that is tied, not strictly to abundance, but to the forecasted landings of bycatch; and WHEREAS, , long-term impacts are felt by halibut fishermen beyond the Bering Sea, as all sizes (including sub-legals) are removed from the entire biomass forever; and WHEREAS, the loss of the juvenile halibut to future catches in Southcentral and Southeast Alaska represent more than a 1:1 loss to those fishing communities; and WHEREAS, managing the prohibited species bycatch of halibut without tying it to an accurate abundance index of the halibut stocks is a political decision, while managing bycatch using abundance indices for the stock as a whole, is a sustainability decision; and WHEREAS, politically based management decisions that impact a long-lived, wide- ranging species such as Pacific halibut, are indefensible and if the overarching goal is sustainability, abundance -based bycatch management is the only approach; and WHEREAS, tying halibut bycatch to abundance is especially important during low levels of abundance, a situation we have been in for the past eight years., and the halibut population is particularly vulnerable to high caps that leave the gate open for high- Resolution 2020-074 Kenai Peninsula Borough, Alaska Page 2 of 3 take levels that could mark a point of no return for several year -classes of Pacific halibut; and 74 CITY OF SEWARD, ALASKA RESOLUTION 2020-082 WHEREAS, abundance -based management (ABM) would bring immediate positive results to Alaska's rural coastal communities as ABM control of bycatch means coastal communities are more sustainable because they can rely on rigorous and informed management strategies which are not only more consistent and responsive to the health of the resource, but are also more equitable, managing all halibut users on abundance, including those harvesting as bycatch; and WHEREAS, the revenue generated by Alaska's coastal communities mean the state's economy is more stable long-term, as well as more diversified when coastal communities thrive and they cannot thrive with the uncertainty of high prohibited species catches looming over them each year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council supports the Kenai Peninsula Borough's Resolution 2020-074, A Resolution Advocating For A Reduction Of Halibut Bycatch. Section 2. The Seward City Council strongly encourages the Commissioner of the Alaska Department of Fish and Game (ADF&G) to take the lead in this issue when it comes before the North Pacific Fishery Management Council (NPFMC) this October. Actions to reduce all halibut bycatch caps to levels that are directly tied to the best available scientifically informed indexes of abundance will ensure that all sectors share in conserving the resource. Section 3. Pacific halibut is important to Alaskans culturally, economically, and socially. Halibut, salmon and crab are Alaska's most iconic seafoods. Coastal communities rely upon them, but are sadly losing access to them. Section 4. A copy of this resolution shall be provided to the Commissioner of ADF&G and shall be provided as testimony during the October 14, 2020 public comments section of the NPFMC meeting. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor r& Introduced by: Cooper, Johnson Date: 10/13/20 Action: Vote: KENAI PENINSULA BOROUGH RESOLUTION 2020-074 A RESOLUTION ADVOCATING FOR A REDUCTION OF HALIBUT BYCATCH WHEREAS, it has been more than five years since the State of Alaska, through the federal North Pacific Fishery Management Council, agreed to lower Pacific halibut bycatch caps in the face of a diminishing biomass; and WHEREAS, despite efforts on both sides for five years, tying the management of halibut bycatch to the halibut abundance is still not a reality; and WHEREAS, while the federal council struggles with the abundance -based management issue, Alaska's small boat commercial, charter, sport and subsistence fleets and their coastal communities bear the short and long-term impacts that high halibut bycatch creates; and WHEREAS, short-term impacts are felt every year when halibut fishermen in the Bering Sea lose a part of their annual allocation that is tied, not strictly to abundance, but to the forecasted landings of bycatch; and WHEREAS, long-term impacts are felt by halibut fishermen beyond the Bering Sea, as all sizes (including sub-legals) are removed from the entire biomass forever; and WHEREAS, the loss of the juvenile halibut to future catches in Southcentral and Southeast Alaska represent more than a 1:1 loss to those fishing communities; and WHEREAS, managing the prohibited species bycatch of halibut without tying it to an accurate abundance index of the halibut stocks is a political decision, while managing bycatch using abundance indices for the stock as a whole, is a sustainability decision; and WHEREAS, politically based management decisions that impact a long-lived, wide-ranging species such as Pacific halibut, are indefensible and if the overarching goal is sustainability, abundance -based bycatch management is the only approach; and WHEREAS, tying halibut bycatch to abundance is especially important during low levels of abundance, a situation we have been in for the past eight years., and the halibut population is particularly vulnerable to high caps that leave the gate open for high - Kenai Peninsula Borough, Alaska Resolution 2020-074 Page 1 of 3 W-11 take levels that could mark a point of no return for several year -classes of Pacific halibut; and WHEREAS, abundance -based management (ABM) would bring immediate positive results to Alaska's rural coastal communities as ABM control of bycatch means coastal communities are more sustainable because they can rely on rigorous and informed management strategies which are not only more consistent and responsive to the health of the resource, but are also more equitable, managing all halibut users on abundance, including those harvesting as bycatch; and WHEREAS, the revenue generated by Alaska's coastal communities mean the state's economy is more stable long-term, as well as more diversified when coastal communities thrive and they cannot thrive with the uncertainty of high prohibited species catches looming over them each year; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. Pacific halibut is important to Alaskans culturally, economically, and socially. Halibut, salmon and crab are Alaska's most iconic seafoods. Coastal communities rely upon them but are sadly losing access to them. SECTION 2. The borough assembly strongly encourages the Commissioner of the Alaska Department of Fish and Game (ADF&G) to take the lead in this issue when it comes before the North Pacific Fishery Management Council this October. Actions to reduce all halibut bycatch caps to levels that are directly tied to the best available scientifically informed indexes of abundance will ensure that all sectors share in conserving the resource. SECTION 3. That a copy of this resolution shall be provided to the Commissioner of ADF&G and shall be provided as testimony during the October 14, 2020 public comments section of the NPFMC meeting. SECTION 4. That this resolution shall become effective immediately upon its adoption. Resolution 2020-074 Page 2 of 3 Kenai Peninsula Borough, Alaska 77 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 13TH DAY OF OCTOBER, 2020. ATTEST: Johni Blankenship, MMC, Borough Clerk Yes: No: Absent: Kenai Peninsula Borough, Alaska Kelly Cooper, Assembly President Resolution 2020-074 Page 3 of 3 78 Kenai Peninsula Borough Assembly MEMORANDUM TO: Kelly Cooper, Assembly President Members, Kenai Peninsula Borough Assembly FROM: Kelly Cooper, Assembly President Brent Johnson, Assembly Member DATE: October 1, 2020 RE: Resolution 2020- 0-1, Advocating for a Reduction of Halibut Bycatch (Cooper, Johnson) The North Pacific Fishery Management Council (NPFMC) established by the Magnuson -Stevens Fishery Conservation and Management Act is holding their October Meetings. Currently, a sector of the bottom trawl fishery in the Bering Sea (called the "Amendment 80 Fleet") operates with a "Prohibited Species Catch" (PSC) allowance of halibut and of other species. This PSC is a limit of bycatch of halibut, estimated in pounds, that the collective fleet must stay below in their fishing operations, or face shutdown until the next season. The bycatch of Pacific halibut in the Bering Sea by this fleet is widely seen as unavoidable, as often halibut and the species targeted by the Amendment 80 Fleet share ecosystems and even ecological niches. Commercial and charter harvest of Pacific halibut is managed by the International Pacific Halibut Commission (IPHC). Each year the IPHC determines a Total Constant Exploitation Yield (TCEY) which is an aggregate number in pounds the commission believes can be sustainably removed from the coast - wide stock of the species. This number is annually a product of the IPHC Stock - Assessment (scientifically rigorous estimate of the biomass of Pacific halibut) and through a political process carried out by IPHC commissioners and stakeholder representatives. These processes set the dynamic annual allocations and limits all directed halibut fishers and fleets are subject to. However, before any annual allocation can be set to directed fishers, the Amendment 80 Fleet's PSC of Pacific halibut is subtracted from the coast wide TCEY as a first cut. This cut is not dynamic like the TCEY but static. It is an annual cap that does not change to reflect the change in Pacific halibut abundance or any other biological or ecological characteristic. In times of low halibut abundance, this static allocation to non -directed users of the Pacific halibut 79 Page -2- October 1, 2020 Re: Resolution 2020- b- resource burdens directed users with smaller and smaller cuts of the remaining resource, and could potentially lead to the collapse of coastal Alaskan fisheries and communities if it remains unchanged. The current analysis being presented to NPFMC in October examines the pros and cons of an abundance based PSC (bycatch), potentially changing the PSC from a static number to an annually dynamic one determined based on some index of halibut abundance. At the center of the analysis being presented to the NPFMC is the choice of which halibut abundance index to use. One is the annual IPHC Stock Assessment and the other is the National Marine Fisheries Service Bottom Trawl Survey. Neither index is truly suited to adequately or accurately establishing a PSC for the Amendment 80 Fleet. Both indexes have weaknesses in this specific application, so it comes to picking the lesser of two evils. That said, if preserving the halibut resource is a priority of the council and of any management body or sponsor, an index based on the IPHC Stock Assessment must be promoted. Utilizing an index based on the bottom trawl surveys potentially increases the PSC the Amendment 80 Fleet would have access to. This is due to size and growth - related biological characteristics of the halibut stock. In short, Pacific halibut have experienced declining growth -performance over the past 20-30 years (it takes them longer to grow). This lowered growth -performance has been identified by the IPHC as the primary contributing factor to current levels of low abundance. This is important when a bottom trawl survey is a potential index in setting PSC. The smaller a halibut is, the harder time it has escaping a trawl net, and the more likely it is to be caught. This has led to Bottom Trawl Surveys showing an increase in halibut abundance despite an actually shrinking biomass of the species. Basing a Prohibited Species Catch of this scale on an inaccurate and misleading index which does not capture the trends in abundance does not accomplish the goals or objectives the NPFMC seeks to ensure and does a disservice to every halibut fisher and halibut -dependent community in the state. If an index of halibut abundance has to be chosen from these options or their combination, the IPHC Stock Assessment should be weighted greater of the two options or be considered on its own. We appreciate your support. 80 t.`PP7 �a :s'a 1y'a�JY�. .MTA,,(r ('rtr C'rWn-:41 AILVI' E! 1I M I J I (1e'drA'r 26. 2 021) F'irJJ mol. 4! .''l s Sean Corrigan was a candidate for the cA)L ,, i I vacarltiA LLI i rl ¢ o I ier.%enr that he h,-id ser Ve kl the Seward community for over 25 yvars arld he i%ished tl1 continue 1L� ::-L lITe tlll-' �'011i111111111ty by being a mcmIxi— Lrt' e unc:il, Ile had , �-g3erwncc in c1T14.TgOnCV iarCJ).Lrtclrl.QNS ;irid I1uNlic sidc[�'_ Kyle Walker way .a candidate for the c:c.ltaxil % Li�:anc-` and said in perrsrrn that the OJ' W17 L:LLL1130 4 LCLI.rlcv k� 3� MI UJIUNU;L] ' i L1;ltic�ll� l'14.`ca usu [11c� �LLIzcns of Scikarc1 W-01,11d 1101 he %illIrq, for L113�i1 n7e1� IIL I.° I,I 1)31^ �J, 'e C ftL:L tiill13 3n['kiniiation ju�liii u 1 ;�17c1 imp ,�r7i;.111w. 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Motion to Awe' r'&ised Baclaan postponed Resolution 2020-082 to the February 22, 2021 wuncil mr ctirls_ Bacla n removed Rescalu110M ?{]?is---_ '"'" ""f is agenda. Terre postponed Rosolut1orl 2 020-08 .3 to thy: Vovcrnber 9, 2020 c:Ounc11 nieel ing. .I.err} re1M eLl "RL:NchL:LiLiIc 1111 _\i Q11 I c:r 23, 2020 regular city° i:oonciI nicelinv 1c1 No%,` illhc-r 31I, t'r13[1-1 the L: MSC111 A-Ml.cla, Motion Passed ll: rtlnlimlou-s ]-Ile clerk read the Mlowing approved consent a ge tda ilems: Mt'S0111tielrl 29'_111-094, F?-•r1H1111in_! I'lit- NorthISOuth Riiqpht (If %% ;ii ( urrurilk Known As Rusli I lop hi Minhain Drivi', �N 101111 I.he^ "11101%i"I{Ino %I1pro-LA tit' ttlr• 00oIlwr I', 21Q10 Edm�ulai 'Llk L 1111'_, \11111m, 81 Sponsored by: Port and Commerce Advisory Board CITY OF SEWARD, ALASKA RESOLUTION 2021-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PORT AND COMMERCE ADVISORY BOARD'S PRIORITIES FROM FEBRUARY 2021 TO FEBRUARY 2022 WHEREAS, the Port and Commerce Advisory Board's responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, at its December 16, 2020 work session, the Port and Commerce Advisory Board (PACAB) reviewed and refined their Priorities and Goals list for 2021; and WHEREAS, with the passage of PACAB Resolution 2021-001 on February 3, 2021, PACAB recommends City Council approve the 2021 Port and Commerce Advisory Board Priority List from February 2021 to February 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the following list of Priorities and Goals for the Port and Commerce Advisory Board from February 2021 through February 2022: PRIORITIES • Support harbor operations and harbor users • Help lead Seward Marine Industrial Center (SMIC) development • Advise and support the Seward Chamber of Commerce in their marketing role for the city • Explore and promote energy alternatives and community sustainability practices • Support actions and legislation that promote the viability of all businesses • Promote quality of life for Seward residents SHORT TERM GOALS • Prioritize City, State, and Federal Priorities for port and commerce initiatives • Review the vessel property tax and provide recommendation to Council • Review the Harbor Tariff • Promote energy education and communication between the City and its residents • Track and evaluate the progress of the Interconnect Policy, Heat Pump Rebate and other energy related issues. • Participate in Joint Work Session with Historic Preservation committee on Downtown Historic Overlay District • Hold another joint work session with the Planning & Zoning Commission about a SMIC overlay 82 CITY OF SEWARD, ALASKA RESOLUTION 2021-021 • Review the SMIC Development Plan • Track progress and make recommendations related to the ongoing development at SMIC • Update Seward Boat Harbor Plan • Provide input on the Capital Improvement Plan • Submit a Climate Action Plan to Council for adoption • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community • Send a board member to the Alaska Municipal League Conference • Discuss water and wastewater infrastructure and its ability to support economic growth, and evaluate environmental impacts • Support and work with the City of Seward Utility and its customers to develop pre -approved grid tie designs and net metering agreement • Evaluate the Blue Pipeline Initiative and give recommendation to Council on the city's continued investment LONG TERM GOALS • Update SMIC Development Plan (target completion 2022) • Encourage the City to install demo systems highlighting renewable & alternative energy sources for the public awareness (target completion, first install by 2022) • Promote open air venues for public gatherings Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 83 Agenda Statement Meeting Date: February 22, 2021 To: City Council From: Port and Commerce Advisory Board Agenda Item: Approving the Port and Commerce Advisory Board Priorities from February 2021 to February 2022 BACKGROUND & JUSTIFICATION: Annually, the Port and Commerce Advisory Board establishes their priorities. The Port and Commerce Advisory Board reviewed their Priority List at the December 16, 2021 work session. At their February 3, 2021 meeting the Port and Commerce Advisory Board approved Resolution 2021- 001 recommending City Council approval of their Priorities from February 2021 to February 2022. INTENT: Adopt the February 2021 to February 2022 Port and Commerce Advisory Board Priorities List. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: Most of the priorities which the Board wishes to work on are an outgrowth of goals and objectives X established in the Comprehensive Plan. Strategic Plan: The Strategic Plan also identifies many of the priorities addressed by the List. X Other: X ATTORNEY REVIEW: No FISCAL NOTE: The City will have no costs associated with the approval of the Port and Commerce Advisory Board Priorities List. Approved by Finance Department: RECOMMENDATION: N/A Approve Resolution 2021-021, Adopting the Port and Commerce Advisory Board Priorities from February 2021 to February 2022. 84 Sponsored by: Chair Schneider CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2021-001 A RESOLUTION OF `THF. SEWARD PORT AND COMMERCE ADVISORY BOARD, RECONI NI E N DING C I "1'Y COUNCIL APPROVAL OF THE PORT AND COMMERCE ADVISORY BOARD PRIORITIES FROM FEBRUARY 2021 TO FEBRUARY 2022 WHEREAS, the Port and Commerce Advisory Board's responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, at its December 16, 2020 work session, PACAB reviewed and refined their Priorities and Goals list for 2021. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The following list of Priorities and Goals from February 2021 through February 2022 is hereby approved by the Port and Commerce Advisory Board and recommended to City Council for approval: PRIORITIES • Support harbor operations and harbor users • Help lead Seward Marine Industrial Center (SM1C) development • Advise and support the Seward Chamber of Commerce in their marketing role for the City • Explore and promote energy alternatives and community sustainability practices Support actions and legislation that promote the viability of all businesses • Promote quality of life for Seward residents SHORT TERN] GOALS • Prioritize City, State, and Federal Priorities for port and commerce initiatives • Review the vessel property tax and provide recommendation to Council • Review the Harbor Tariff • Promote energy education and communication between the City and its residents. • Track and evaluate the progress of the Interconnect Policy, Heat Pump Rebate and other cncrgy related issues. • Participate in Joint Work Session with Historic I "i-csci-v Litton committee on Downtown Historic Overlay District 85 PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2020-001 • Hold another joint work session with the Planning & Zoning Commission about a SMIC overlay • Review the SMIC Development Plan • Track progress and make recommendations related to the ongoing development at SMIC • Update Seward Boat Harbor Plan • Provide input on the Capital Improvement Plan • Submit a Climate Action Plan to Council for adoption • Monitor and provide recommendations to Council regarding all fisheries issues impacting our community • Send a board member to the Alaska Municipal League Conference • Discuss water andwastewater infrastructure and its ability to support economic growth, and evaluate environmental impacts • Support and work with the City of Seward Utility and its customers to develop pre -approved grid tie designs and net metering agreement • Evaluate the Blue Pipeline Initiative and give recommendation to Council on the city's continued investment LONGTERM GOALS • Update SMIC Development Plan (Target Completion 2022) • Encourage the City to install demo systerns highlighting renewable & alternative energy sources for the public awareness (Target Completion, first install, by 2022) • Promote open air venues for public gatlicrings Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this Yd day of February, 2021. THE CITY OF SEWARD, ALASKA La a neider, Chair AYES: Paquette, Hughes, Lemas, Smith, Lawrence, Jaffa, Schneider NOES: None ABSENT: None 86 PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2020-001 ILNm $ - ATTEST: swsoaI#jo#`', orri IC en Cgan �.• OF se;k**., Acting Deputy City Clerk *'Gs'�►•,.QRpQ •.1iK* :QC.' (City Seal) ° SEAL OF XXoN *&rss:sc+ 00 0. 87 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DIRECTING THE CITY MANAGER TO PURSUE THE RETURN OF $25,000 FROM THE ALASKA OCEAN CLUSTER, AND AUTHORIZING THE CITY MANAGER TO PROVIDE THOSE FUNDS TO THE SEWARD CHAMBER OF COMMERCE TO ASSIST IN THE CREATION OF A SEWARD BUSINESS DEVELOPMENT POSITION WHEREAS, the City of Seward committed to a three-year partnership with Alaska Ocean Cluster to help support the Blue Pipeline Incubator Program for Seward; and WHEREAS, the City of Seward gave $25,000 per Resolution 2018-054 as part of that partnership; and WHEREAS, only one year of the project was completed; and WHEREAS, the program has been inactive for a year and a half; and WHEREAS, the Alaska Ocean Cluster did not secure their portion of the funding for the 3 years of the project; and WHEREAS, the Seward Chamber of Commerce has requested its $25,000 investment be returned, and the City wishes to do the same; and WHEREAS, there continues to be a need in the Seward community for a position that identifies new business opportunities, guide entrepreneurs to create businesses to capitalize on those opportunities, helps current businesses to remain solvent, identifies and develops grant opportunities; and WHEREAS, the City and the Chamber of Commerce want to continue a partnership with a Business Development Position so this work can get fully underway; and WHEREAS, the money from the City and the Chamber of Commerce will be used to fund this position; and WHEREAS, this position will look to utilize local resources to complete this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby directed to pursue the return of the City's $25,000 investment from the Alaska Ocean Cluster. 88 CITY OF SEWARD, ALASKA RESOLUTION 2021-022 Section 2.Once the funds are reimbursed, the city manager is hereby authorized to provide that $25,000 to the Seward Chamber of Commerce for the express purpose of assisting in the creation of a Seward Business Development position. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 89 Agenda Statement Meeting Date: February 22, 2021 To: City Council Through: Norm Regis, Acting City Manager Agenda Item: Request the return of $25,000 that the Alaska Ocean Cluster is currently holding and to use these funds to assist in the creation of a Seward business development position in partnership with the Chamber of Commerce BACKGROUND & JUSTIFICATION: The City of Seward committed to a three-year partnership with Alaska Ocean Cluster to help support the Blue Pipeline Incubator Program for Seward. The City of Seward gave $25,000 in 20I9 as part of that partnership, but only one year of the project was completed, and the program has been inactive for a year and a half. Also, the Alaska Ocean Cluster did not secure their part of the funding (also $25,000 a year) for all 3 years of the project. Seward Chamber of Commerce has requested its $25,000 investment back and The City of Seward wants to do the same. Both groups want to use these funds toward a partnership with a business development position because there continues to be a need in the Seward community for a position that identifies new business opportunities, guide entrepreneurs to create businesses to capitalize on those opportunities, helps current businesses to remain solvent, identifies and develops grant opportunities. INTENT: For the City to request the return of $25,000 that Alaska Ocean Cluster is currently holding and use these funds to assist in the creation of a Seward husiness development rhncitinn CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: 2. Strategic Plan: 3. Other: FISCAL NOTE: If the $25,000 request is returned, the City will receive the funds and forward on to the Chamber of Commerce for collaboration in a Business Development position. Approved by Finance Department: ATTORNEY REVIEW: Yes -No� Not Applicable Uf RECOMAONDATION• City Council approve Resolution 2021-.022 to request the return of $25,000 that the Alaska Ocean Cluster is currently holding and to use these funds to assist in the creation of a Seward business development position in partnership with the Chamber of Commerce 011 Sponsored by: Hun: CITY OF SEWARD, ALASKA RESOLUTION 2018-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREEMENT WITH THE BERING SEA FISHERMAN'S ASSOCIATION, THE ALASKA SMALL BUSINESS DEVELOPMENT CORPORATION, AND THE SEWARD CHAMBER OF COMMERCE TO ESTABLISH A BLUE PIPELINE OCEAN CLUSTER FOR ENTREPRENEURSHIP BUSINESS INCUBATOR IN SEWARD BY FUNDING A PART TIME SMALL BUSINESS DEVELOPMENT MANAGER AND APPROPRIATING FUNDS WHEREAS, the Bering Sea Fisherman's Association proposes a partnership among the Association, the City of Seward, the Alaska Small Business Development Corporation, and the Seward Chamber of Commerce; and WHEREAS, this partnership will fund a manager position for the Seward -based Blue Pipeline Ocean Cluster for Entrepreneurship Manager and Business Incubator to promote businesses . and provide assistance as a business advisor. This will be a three-year program designed to grow Alaska's maritime or `blue' economy through innovation, entrepreneurship and collaboration; and WHEREAS, the City of Seward endorses this entrepreneurial venture and partnership to support and promote businesses in the Resurrection Bay area; and WHEREAS, the manager will be assigned as one -quarter time Business Advisor and three- quarter time Blue Pipeline Manager, and will expand on the Alaska Small Business Development Corporation services in Seward and the immediate surrounding area by advising, training, distance education, and resource referrals, as well as developing and managing the Seward Blue Pipeline Ocean Cluster for Entrepreneurship; and WHEREAS, the City of Seward agrees to fund its one-third share of the partnership for the sum of $25,000 for 2018, year one of a three-year program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1: The City Manager is hereby authorized to enter into a partnership agreement in support of the Blue Pipeline Ocean Cluster where the City agrees to fund a one-third share of the partnership cost for an amount not to exceed $25,000. Section 2: The amount of $25,000 is hereby appropriated from the General Fund reserves account no. 01000-0000-3400 to the contracted services account no. 01000-1120-7009. Wyj CITY OF SEWARD, ALASKA RESOLUTION 2018-054 Section 3: This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I I" day of June, 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayo AYES: Casagranda, Towsley, McClure, Keil, Squires NOES: None ABSENT: Horn, Slater ABSTAIN: None ATTEST: Brenda J. Ballou, MC City Clerk pF SE (C 1 tG P O ••'• ��,�e • ; SEAL r � r • �11 �y • tr 1 93 City of Seward, Alaska City Council Minutes June 11, 2018 Volume 39, Page 449 Other Reports, Announcements and Presentations — None PUBLIC HEARINGS Resolutions Requiring Public Hearing aerfr�-�r�srtitV M NMV h . 1...WIVM11.ir,s�a Elie 1 1 . 1 ' ,, This item was removed from the agenda. Resolution 2018-054, Authorizing The City Manager To Enter Into A Contractual Agreement With The Bering Sea Fisherman's Association, The Alaska Small Business Development Corporation, And The Seward Chamber Of Commerce To Establish A Blue Pipeline Ocean Cluster For Entrepreneurship Business Incubator In Seward By Funding A Part Time Small Business Development Manager And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2018-054 Hunt said that this resolution was brought forth after the Bering Sea Fisherman's Association had their presentation before the community. He expressed his belief that it was a fantastic opportunity to establish a small business development and incubator in our community. He thought it would help grow small businesses we have, as well as create other small business opportunities. It was a three year project, but they had only requested funding for the first year. The Bering Sea Fisherman's Association had already developed their manager's job description, which was very intense and in depth. McClure was very supportive of this resolution and happy to see it on the agenda. In response to Squires and Towsley, Hunt said that this part-time manager reported to the Bering Sea Fisherman's Association and the city was not obligated to provide housing for the Bering Sea Fisherman Association's employee. Hunt and the chamber would receive quarterly reports from them. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion Passed Unanimous Ordinance 2018-003, To Revise Seward City Code 3.40, Grievance Procedure. This ordinance is being introduced tonight, and will come for public hearing and enactment at the June 25, 2018 meeting. Motion to Postpone (Casagranda/Keil) Postpone the Introduction of Ordinance 94 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING AN EXEMPTION TO THE PASSENGER VESSEL SERVICE ACT (PVSA) TO ALLOW THE CRUISE SHIP INDUSTRY TO RESUME SAILING DURING THE 2021 SEASON WHEREAS, due to the coronavirus pandemic, cruise ships were not allowed to operate during the 2020 season; and WHEREAS, this had a dramatic and negative financial impact on the Seward community since a high amount of its revenue is generated by cruise ship visitors; and WHEREAS, the decision to not have cruises come to Alaska caused Seward's bed tax to decrease by 75% from previous years; and WHEREAS, many regular, local businesses could not afford to open due to the lack of visitors; and WHEREAS, 16 months have passed since Alaska last had a cruise ship visit; and WHEREAS, this is continuing to devastate all Alaskan communities that depend on tourism; and WHEREAS, US Senator Dan Sullivan and the Alaska Congressional Delegation have been engaging with the Department of Homeland Security and Customs and Border Protection regarding the Passenger Vessel Services Act (PVSA) requirements for foreign cruise ships; and WHEREAS, this delegation wrote to the Acting DHS Secretary requesting to allow cruise traffic to Alaska without stops in Canada because Canada has closed its ports to cruise ships; and WHEREAS, by-passing Canada would allow cruise ship traffic from the lower 48 states coming to Alaska to continue; and WHEREAS, the cruise industry will be following the Centers for Disease Control and Prevention (CDC) Framework for Conditional Sailing Order, which is a list of requirements that cruise lines must follow to receive a COVID-19 Conditional Sailing Certificate from the CDC; and WHEREAS, these requirements will ensure the safety of cruise line passengers and allow Alaskan communities to survive the 2021 season. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 4i CITY OF SEWARD, ALASKA RESOLUTION 2021-023 OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby directs the city manager to send a letter, along with this resolution, to the Department of Homeland Security and Customs and Border Protection, strongly advocating for an exemption to the Passenger Vessel Services Act (PVSA) and allowing cruise ships to sail to Alaska in 2021. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22na day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 011 Agenda Statement Meeting Date: February 22, 2021 To: City Council Through: Norm Regis, Acting City Manager Agenda Item: Support the Cruise Ship Industry to Resume Sailing During the 2021 Season BACKGROUND & .TUSTIFICATION: Due to the coronavirus pandemic, cruise ships were not allowed to operate during 2020. This had a dramatically negative financial impacts on the Seward community since a high amount of its revenue is generated by cruise ship visitors. Seward's bed tax has decreased by 75% from previous years and many businesses cannot afford to reopen due to the lack of visitors. Sixteen months have passed since Alaska has last seen a cruise ship, and this will continue to devastate Alaskan communities that depend on tourism for its revenue. Senator Sullivan and the Alaska Congressional Delegation have been engaging with the Department of Homeland Security and Customs and Border Protection regarding the Passenger Vessel Service Act (PVSA) requirements for foreign cruise ships. They have written to the Acting DHS Secretary to allow cruise traffic without stops in Canada, since they have closed their ports to cruise ships. This would allow cruise traffic from the lower 48 states to Alaska to continue. The cruise industry will be following the CDC's Framework for Conditional Sailing Order, which is a Iist of requirements that cruise lines must follow to receive a COVID-19 Conditional Sailing Certificate from the CDC. These requirements will ensure the safety of cruise line passengers and allow Alaskan communities to survive the 2021 season. INTENT: To support cruise ship businesses operating in Alaska for the 2021 season CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: 2. Strategic Plan: :3.] Other: FISCAL NOTE: There is no fiscal impact associated with this support resolution. Approved by Finance Department:�� ATTORNEY REVIEW: Yes No Not Applicable 0rA RECONEWENDATION: City Council approve Resolution 2021- 02a , advocating for an exemption to the PVSA and allow cruise ships to sail to Alaska in 2021. M] What Every Member of the Trade Community Should Know About: The Passenger Vessel Services Act ■ y S AN INFORMED COMPLIANCE PUBLICATION APRIL 2010 C"M W The Passenger Vessel Services Act April 2010 NOTICE: This publication is intended to provide guidance and information to the trade community. It reflects the position on or interpretation of the applicable laws or regulations by U.S. Customs and Border Protection (CBP) as of the date of publication, which is shown on the front cover. It does not in any way replace or supersede those laws or regulations. Only the latest official version of the laws or regulations is authoritative. Publication History First Published: April 2010 PRINTING NOTE: This publication was designed for electronic distribution via the CBP website (http://www.cbp.gov) and is being distributed in a variety of formats. It was originally set up in Microsoft Word 20030. Pagination and margins in downloaded versions may vary depending upon which word processor or printer you use. If you wish to maintain the original settings, you may wish to download the .pdf version, which can then be printed using the freely available Adobe Acrobat Reader°. 2 `11it The Passenger Vessel Services Act April 2010 PREFACE On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or "Mod" Act, became effective. These provisions amended many sections of the Tariff Act of 1930 and related laws. Two new concepts that emerge from the Mod Act are "informed compliance" and "shared responsibility," which are premised on the idea that in order to maximize voluntary compliance with laws and regulations of U.S. Customs and Border Protection, the trade community needs to be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a greater obligation on CBP to provide the public with improved information concerning the trade community's rights and responsibilities under customs regulations and related laws. In addition, both the trade and U.S. Customs and Border Protection share responsibility for carrying out these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C. 1484), the importer of record is responsible for using reasonable care to enter, classify and determine the value of imported merchandise and to provide any other information necessary to enable U.S. Customs and Border Protection to properly assess duties, collect accurate statistics, and determine whether other applicable legal requirements, if any, have been met. CBP is then responsible for fixing the final classification and value of the merchandise. An importer of record's failure to exercise reasonable care could delay release of the merchandise and, in some cases, could result in the imposition of penalties. Regulations and Rulings (RR) of the Office of International Trade has been given a major role in meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In order to provide information to the public, CBP has issued a series of informed compliance publications on new or revised requirements, regulations or procedures, and a variety of classification and valuation issues. This publication, prepared by the Cargo Security, Carriers and Immigration Branch, Border Security and Trade Compliance Division of Regulations and Rulings is entitled "The Passenger Vessel Services Act". It provides guidance regarding the procedures that control the coastwise transportation of passengers between U.S. ports. We sincerely hope that this material, together with seminars and increased access to rulings of U.S. Customs and Border Protection, will help the trade community to improve voluntary compliance with customs laws and to understand the relevant administrative processes. The material in this publication is provided for general information purposes only. Because many complicated factors can be involved in customs issues, a carrier may wish to obtain a ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to obtain advice from an expert who specializes in customs matters, for example, a vessel agent, attorney or consultant. Comments and suggestions are welcomed and should be addressed to U.S. Customs and Border Protection, Office of International Trade, Executive Director, Regulations and Rulings, 90 K Street N.E. 10th floor, Washington, D.C. 20229-1177. Executive Director, Regulations and Rulings Office of International Trade 3 The Passenger Vessel Services Act April 2010 (This page intentionally left blank) 111YA The Passenger Vessel Services Act April 2010 INTRODUCTION..........................................................................................7 BACKGROUND........................................................................................... 7 COASTWISELAWS....................................................................................8 THEPVSA................................................................................................... 8 1. WHERE DOES THE PVSA APPLY?.................................................11 2. U.S. TERRITORIAL WATERS...........................................................11 3. OUTER CONTINENTAL SHELF.......................................................11 1. VESSEL DOCUMENTATION............................................................12 2. COASTWISE ENDORSEMENT.........................................................12 3. VESSEL ELIGIBILITY.......................................................................12 IMPLEMENTING REGULATIONS............................................................12 PENALTY..................................................................................................14 EXCEPTIONS............................................................................................14 TRANSPORTATION OF MERCHANDISE AND PASSENGERS ON CANADIAN VESSELS-46 U.S.C. § 55121............................................14 CRUISE TO NOWHERE............................................................................15 WAIVER AUTHORITY-46 U.S.C. § 501..................................................15 ADDITIONAL INFORMATION...................................................................17 TheInternet................................................................................................................ 17 Customs Regulations................................................................................................. 17 CustomsBulletin........................................................................................................ 17 Informed Compliance Publications............................................................................. 18 "Your Comments are Important"................................................................................. 18 5 103 The Passenger Vessel Services Act April 2010 (This page intentionally left blank) I[oi! The Passenger Vessel Services Act April 2010 INTRODUCTION The purpose of this Informed Compliance Publication (ICP) is to identify the laws and regulations that are to be adhered to by the trade community engaged in the coastwise transportation of passengers, such that the trade community is informed of its legal obligations, and in order to maximize voluntary compliance with laws and regulations enforced by U.S. Customs and Border Protection (CBP). Specifically, in this Publication, CBP will summarize: • The Passenger Vessel Services Act ("PVSA") • CBP Regulations • Exceptions • Waivers Background For over 200 years, the United States Customs Service', now CBP, has been responsible for enforcing and administering laws and regulations2 which set forth procedures to control and oversee vessels arriving in, and departing from, U.S. ports and the coastwise transportation of passengers between U.S. ports. Federal laws protecting U.S. shipping date back to the First Congress in 1789. American shipping in the United States coastwise trade has been protected from foreign competition, in order to encourage the development of an American merchant marine, for both national defense and commercial purposes. As a result, all vessels engaged in the coastwise trade have been required to be coastwise -qualified (i.e., U.S.- built, owned and documented). The coastwise law governing the transportation of passengers was first established by § 8 of the Passenger Vessel Services Act (PVSA) of June 19, 1886, 24 Stat. 81; as amended by § 2 of the Act of February 17, 1898, 30 Stat. 248, formerly codified at 46 U.S.C. App. § 289 (now codified at 46 U.S.C. § 55103). That statute provided that "no foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of $200 [now $300, as promulgated in Treasury Decision (T.D.) 03-11 (March 21, 2003) pursuant to the ' The U.S. Customs Service was removed from the Treasury Department and became a component of the Department of Homeland Security (DHS), pursuant to the Homeland Security Act of 2002, Pub. L. 107-296 (November 25, 2002), secs. 403, 411, and is now known as U.S. Customs and Border Protection (CBP) (DHS Delegation Number 7010.1, of June 20, 2003). ' Customs (now CBP) has always enforced coastwise laws except for a 5 8-year period (1884-1942) when the responsibility resided with the former Bureau of Navigation under the Treasury and Commerce. 3 In this context, the term "coastwise" refers to vessels engaged in domestic trade, or those traveling regularly from port to port in the United States. BLACK'S Law DICTIONARY 233 (5th ed. 1979). 7 `NR The Passenger Vessel Services Act April 2010 Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note] for each passenger so transported and landed." Since 1898, CBP has enforced the PVSA restrictions. See T.D. 19012 (Feb. 26, 1898). To that end, CBP's longstanding historical practice of interpreting the PVSA has focused on the primary purpose or objective of the voyage. Passenger vessel transportation between United States ports has historically been viewed to be part of the coastwise trade after the enactment of the PVSA. This view is premised on the concepts of continuity of the voyage and whether its intended purpose or objective is coastwise transportation. The PVSA was held to be violated if the coastwise movement by a non -coastwise -qualified vessel was continuous or if the purpose of the trip was a coastwise voyage. See 18 O.A.G. 445, September 4, 1886; 28 O.A.G. 204, February 26, 1910; 29 O.A.G. 318, February 12, 1912; 30 O.A.G. 44, February 1, 1913; 34 O.A.G. 340, December 24, 1924; and 36 O.A.G. 352, August 13, 1930. As stated above, the intent of the coastwise laws, including the PVSA, was to protect U.S. shipping interests by providing a "legal structure that guarantees a coastwise monopoly to American shipping and thereby promotes development of the American merchant marine." Autolog Corp. v. Regan, 731 F.2d 25, 28 (DC Cir. 1984); see also The Grenada, 35 F.Supp. 892, 893, 1940 AMC 1601 (DC Pa 1940) (stating that the legislative aim of section 289 [now 55103] was the creation of a practical monopoly of coastwise and domestic shipping business for United States ships). The PVSA was enacted to advance the United States merchant marine and fleet by restricting the use of non -coastwise -qualified passenger vessels in United States territorial waters. Coastwise Laws Generally, the coastwise laws prohibit the transportation of passengers or merchandise between points in the United States embraced within the coastwise laws in any vessel other than a coastwise -qualified vessel. Title 46 of the United States Code covers the coastwise laws, including the PVSA, that are administered by CBP. Specifically, the PVSA was formerly found in 46 U.S.C. App. 289. However, pursuant to Public Law 109-304, 120 Stat. 1632, enacted on October 6, 2006, Title 46, United States Code (U.S.C.), setting forth the shipping laws was substantially reorganized and recodified. Consequently, the PVSA is now codified at 46 U.S.C. § 55103. THE PVSA Transportation of Passengers-46 U.S.C. § 55103 The PVSA (46 U.S.C. § 55103), provides that the transportation of passengers between U.S. points is reserved for coastwise -qualified vessels. Pursuant to section 55103, "a 0 `11r The Passenger Vessel Services Act April 2010 vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel— (1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and (2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of [Title 46] or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement." Consequently, foreign -flag vessels are prohibited from engaging in the coastwise trade. In addition, the same prohibitions apply to U.S.-flag vessels that do not have a coastwise endorsement on their document, i.e., are not coastwise -qualified due to being foreign -built or not having the requisite percentage of U.S. ownership. Who is a Passenger? Generally, a passenger is any person carried on a vessel who is not directly and substantially connected with the operation of such vessel, her navigation, ownership, or business. See 19 CFR § 4.50(b) and the Modification and Revocation of Customs Ruling Letters Relating to the Applicability of Customs Position on Who is Considered a Passenger Under the Coastwise Laws, published in the Customs Bulletin and Decisions, Vol. 36, No. 23, June 5, 2002. For example, CBP has held that individuals engaged in charter party fishing are passengers, as are travel agents, marketing and sales personnel, and conventioneers, among others. Further examples are in the below table. A non -coastwise qualified vessel proposed the transportation of an individual HQ H054243, dated that was to provide a lecture regarding the history of wine and wines of the March 20, 2009 Pacific Northwest and the United States. CBP held that the foregoing individual was a "passenger" within the meaning of 19 C.F.R. § 4.50(b) and the coastwise transportation of that passenger would be in violation of 19 U.S.C. § 55103. A cruise line proposed transporting individuals aboard a vessel to "embark HQ HO11874, dated May as clothing consultants and ... give advice about fashion for the passengers 31, 2007 onboard." CBP held these individuals were "passengers" within the meaning of 46 U.S.C. § 55103 insofar as these "fashion consultants" were not "directly and substantially" connected with the operation, navigation, ownership or business of the vessel itself. A cruise line proposed transporting two marketing employees of the cruise HQ H008038 , dated line and independent contractors, who were shooting, producing, and March 9, 2007 performing in a promotional video. CBP held that marketing employees and contractors were "passengers" because none of their activities were "directly and substantially" related to the operation or business of the vessel itself. Shipping agency trainees transported aboard a vessel "to observe daily life HQ H008513, dated on a vessel and gain better insight about what their colleagues [that] work on March 21, 2007 a vessel actually do" or "observe what goes on during a vessel's voyage" were "passengers" within the meaning of 46 U.S.C. § 55103 insofar as the trainees were not "directly and substantially" connected with the operation, navigation, ownership or business of the vessel itself. A terminal operations staff member who is transported onboard a vessel to HQ H083895, dated observe the "day-to-day activities aboard the ship" to become familiar with November 16, 2009 vessel operations may foster the business of the shipping company, but is a "passenger" within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). 0 f[ofi The Passenger Vessel Services Act April 2010 Who is NOT a Passenger? In order for a person not to be considered a passenger, the connection between that person transported and the vessel must be direct and substantial. See the Modification and Revocation of Customs Ruling Letters Relating to the Applicability of Customs Position on Who is Considered a Passenger Under the Coastwise Laws, published in the Customs Bulletin and Decisions, Vol. 36, No. 23, June 5, 2002. CBP has long held that workmen, technicians, or observers transported by vessel between ports of the United States are not "passengers" within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b), if they are required to be onboard to contribute to the accomplishment of the operation or navigation of the vessel during the voyage or are on board because of a necessary vessel ownership or business interest during the voyage. See CBP Ruling HQ 101699 (November 5, 1975); compare with HQ 116721 (September 25, 2006), quoting HQ 101699. In addition, cleaning crews, chefs, auditors and inspectors conducting surveys, safety and maintenance inspectors, entertainers, stagehands, and lighting and prop hands are not considered passengers within the meaning of the PVSA. Further examples are in the below table. An individual onboard to "conduct regulatory ISM [International Safety HQ H084815, dated Manage ment]/ISPS [International Ship Port Security] audits [onboard] the November 19, 2009. vessel and to control and check various records and running procedures of the vessel" is not a "passenger" within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). Surveyors and technicians onboard to supervise engine tests as necessary HQ H006964, dated are not passengers for purposes of administering 46 U.S.C. § 55103 and 19 February 16, 2007 CFR § 4.50(b. Individuals onboard to conduct a pre dry-dock inspection, which consists of HQ H081080, dated an inspection of the condition of the cranes, the engines, and the generators, October 22, 2009 among other things are not "passengers" within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). A designer, to be transported for the purpose of overseeing the HQ H076995, dated refurbishment of certain areas of the vessel — the penthouses, the caf6, and September 28, 2009 certain open decks, ensuring that these areas are refurbished according to the architectural plans is not a "passenger" within the meaning of 46 U.S.C. § 55103 and 19 CFR § 4.50(b). A Manager, Marine Hotel Operations traveling onboard to conduct an overall HQ H067177, dated July operational review, including food and beverage service, entertainment, 2, 2009 housekeeping, and accounting is not a "passenger" within the meaning of 46 U.S.C. § 55103 and 19 C.F.R. § 4.50(b). It is also well settled that the spouse and children of officers of the vessel are not passengers. See Bureau of Navigation General Letter No. 117 (May 20, 1916). See also HQ H061255 (May 19, 2009). 10 IDR The Passenger Vessel Services Act April 2010 Furthermore, CBP has held that a vessel engaged in oceanographic research is not engaged in coastwise transportation, i.e., the researchers are not passengers. See HQ H010661 (May 4, 2007). CBP has also held that a vessel that is used to teach individuals how to sail or navigate —and the individuals engage in that instruction while onboard —is not engaged in coastwise trade/transportation, i.e., the students are not passengers. See HQ 115361 (June 15, 2001). Application of the PVSA 1. Where Does the PVSA Apply? The PVSA applies to the United States, including the island territories and possessions of the United States, e.g., Puerto Rico. See 46 U.S.C. § 55101(a). However, the coastwise laws generally do not apply to the following: 1) American Samoa; 2) the Northern Mariana Islands; 3) Canton Island; or 4) the Virgin Islands. See 46 U.S.C. § 55101(b). 2. U.S. Territorial Waters The territorial waters of the United States consist of the territorial sea, defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline, in cases where the baseline and coastline differ. This includes all inland navigable waterways. In interpreting the PVSA, CBP has consistently ruled that a point in the United States territorial waters is a point in the United States embraced within the coastwise laws. 3. Outer Continental Shelf In order for an activity to constitute coastwise trade, there must be a transportation between "coastwise points." In addition to the U.S. territorial waters as defined above, coastwise points also include certain points on the Outer Continental Shelf (OCS): Section 4(a) of the Outer Continental Shelf Lands Act of 1953, as amended (43 U.S.C. § 1333(a); "OSCLA"), provides in part that the laws of the United States are extended to: "the subsoil and seabed of the OCS and to all artificial islands, and all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources therefrom ... to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction within a state." Therefore, CBP has held that the PVSA is extended to artificial islands and similar structures, as well as to mobile oil drilling rigs, drilling platforms, and other devices attached to the seabed of the OCS for the purpose of resource exploration operations. For example, drilling rigs located on the OCS are considered coastwise points. Similarly, floating, anchored warehouse vessels, when anchored on the OCS to supply 11 `[1R The Passenger Vessel Services Act April 2010 drilling rigs on the OCS, are also points in the U.S. for purposes of the PVSA, since they are essential to the operation of the drilling rig. See Customs Service Decisions (C.S.D.$) 81-214 and 83-52; see also, HQ 107579 (May 9, 1985). Likewise, the PVSA is extended to mobile oil drilling rigs during the period they are secured to or submerged onto the seabed of the OCS. See Treasury Decision (T.D.) 54281(1). The installation or device must be permanently or temporarily attached, and it must be used for the purpose of exploring for, developing or producing resources therefrom, in order to be considered a coastwise point. See HQ 114846, dated October 26, 1999. Requirements: Coastwise -Qualified 1. Vessel Documentation The 11th Act of Congress in 1789 established the documentation system for U.S. vessels, in order to regulate coastwise trade. The United States Coast Guard (USCG) issues certificates of documentation, and determines the eligibility of vessels for a coastwise endorsement to appear on such certificates. 2. Coastwise Endorsement A vessel that is built in, documented under the laws of, and owned by citizens of the United States, and which obtains a coastwise endorsement from the USCG, is referred to as "coastwise -qualified." Specifically, the term "coastwise -qualified vessel" means a U.S.-flag vessel having a certificate of documentation with a coastwise endorsement under 46 U.S.C. § 12112. 3. Vessel Eligibility The certificates of documentation with a coastwise endorsement issued by the USCG provide conclusive evidence of U.S. nationality and authorization for qualified vessels to engage in the coastwise trade. A vessel must meet certain eligibility requirements to qualify for a coastwise endorsement (e.g., build, ownership, etc.). These requirements are solely within the purview of the USCG. IMPLEMENTING REGULATIONS The applicable CBP regulations governing the PVSA are found in Title 19 of the Code of Federal Regulations (CFR), sections 4.50(b), 4.80, and 4.80a (19 CFR §§ 4.50(b), 4.80, 4.80a). They provide as follows. Passenger defined-19 CFR § 4.50(b) Section 4.50(b) of the CBP Regulations (19 CFR § 4.50(b)) provides that "[a] passenger within the meaning of this part is any person carried on a vessel who is not connected with the operation of such vessel, her navigation, ownership, or business." 12 "lt The Passenger Vessel Services Act April 2010 Tonnage of Vessels entitled to engage in coastwise trade-19 CFR § 4.80 In order for any vessel of five net tons or more to engage in coastwise transportation, it must have a coastwise endorsement on its certificate of documentation. Vessels of less than five net tons may not be documented by the USCG. For those vessels to engage in coastwise transportation, they must, except for their tonnage, otherwise be entitled to be documented with a coastwise endorsement. See 19 CFR § 4.80(a)(2). Coastwise transportation of passengers-19 CFR § 4.80a There are three common transportation violations, set forth below, that can occur when a non -coastwise -qualified vessel transports passengers between U.S. coastwise ports. First, a non -coastwise -qualified vessel transports a passenger directly between U.S. coastwise ports. (19 CFR § 4.80a(b)(1)). For example, a violative coastwise transportation occurs when a passenger embarks in San Francisco and is carried to Seattle, where he/she disembarks. Second, a non -coastwise -qualified vessel transports a passenger on a voyage solely to one or more coastwise ports and the passenger disembarks or goes ashore temporarily at a coastwise port. (19 CFR § 4.80a(b)(1)). For example, a non -coastwise -qualified vessel that embarks a passenger in Los Angeles and transports him/her to one or more of the Hawaiian Islands where he/she goes ashore temporarily and returns to Los Angeles where he/she disembarks, violates the PVSA. Third, a non -coastwise -qualified vessel transports a passenger between U.S. coastwise ports by way of a "nearby foreign port." (19 CFR § 4.80a(b)(2)). For example, a violative transportation occurs when a non -coastwise -qualified vessel that embarks a passenger in Los Angeles, transports him/her to the Hawaiian Islands and Ensenada, Mexico then proceeds to San Diego where the passenger disembarks. Ensenada, Mexico is a "nearby foreign port" pursuant to the CBP regulations. A "nearby foreign port" is defined as "any port in North America, Central America, the Bermuda Islands, or the West Indies (including the Bahama Islands, but not including the Leeward Islands of the Netherlands Antilles, i.e., Aruba, Bonaire, and Curacao)." 19 CFR § 4.80a(a)(2). However, there is no violation of the PVSA when a passenger is on a voyage to one or more coastwise ports and a "distant foreign port" or ports (whether or not the voyage includes a nearby foreign port or ports) and the passenger disembarks at a coastwise port other than the port of embarkation, provided the passenger has proceeded with the vessel to a "distant foreign port." See 19 CFR § 4.80a(b)(3). For example, a non - coastwise -qualified vessel that embarks a passenger in Miami, transports him/her to Aruba, then proceeds to Key West where the passenger disembarks does not violate the PVSA. A port in Aruba is a "distant foreign port" pursuant to the CBP regulations. 19 CFR § 4.80a(a)(3). 13 INS The Passenger Vessel Services Act April 2010 It is important to note that a cruise itinerary may be compliant with the PVSA, but a passenger that disembarks at a port other than those designated as part of a compliant itinerary may still cause the vessel/carrier to violate the PVSA depending on where the passenger embarked and disembarked. For example, a passenger that embarks in Seattle, Washington on a round trip itinerary that includes Alaska and disembarks early in Juno, Alaska will cause the vessel/carrier to violate the PVSA, regardless of the reason for the early departure from the cruise ship. »kiFA0 CA The statute, 46 U.S.C. § 55103(b), provides in pertinent part that the penalty for violating the PVSA is $300 for each passenger transported and landed. The applicable CBP regulation regarding penalties for violating the PVSA is found in 19 CFR § 4.80(b)(2), which provides that "[t]he penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed (...as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990)." However, when the violation is the result of a vessel in distress, CBP may remit without payment any penalty which arises for violation of the coastwise laws if there is satisfactory evidence that the violation occurred as a direct result of an arrival of the transporting vessel in distress. See 19 CFR § 171.11(c). We note here, that the penalty of $300 is assessed against the vessel operator or carrier that has provided the unlawful transportation. Thus, for example, a passenger who embarked on a non -coastwise -qualified vessel at Baltimore, Maryland for a Caribbean cruise scheduled to return and disembark at Baltimore, Maryland could not disembark in Miami, Florida for medical or emergency reasons without there being a violation of the PVSA. The penalty for this unlawful transportation would be assessed against the vessel/carrier. EXCEPTIONS Transportation of Passengers Between Puerto Rico and Other U.S. Ports-46 U.S.C. § 55104 An exception to the PVSA permits non -coastwise -qualified vessels (vessels not qualified to engage in the coastwise trade) to transport passengers on voyages between ports in Puerto Rico and other U.S. ports until qualified U.S. vessels are available. Transportation of Merchandise and Passengers on Canadian Vessels-46 U.S.C. § 55121 Section 55121(a) provides in pertinent part that: "[u]ntil passenger service is established by vessels of the United States between the port of Rochester, New York, and the port 14 "V: The Passenger Vessel Services Act April 2010 of Alexandria Bay, New York, the Secretary of Homeland Security may issue annually permits to Canadian passenger vessels to transport passengers between those ports." Thus, Canadian vessels holding such a permit are not subject to the restrictions of the PVSA. Section 55121(b) provides that the prohibitions of the coastwise laws do not apply to the transportation of: 1) passengers between ports in southeastern Alaska; or 2) passengers or merchandise between Hyder, Alaska, and other points in southeastern Alaska or in the United States outside Alaska, until the Secretary of Transportation determines that service by vessels of the U.S. is available to provide such transportation. Cruise to Nowhere A "cruise to nowhere" is not considered coastwise transportation. A "cruise to nowhere" is the transportation of passengers from a U.S. point to the high seas or foreign waters and back to the same point from which the passengers embarked, assuming the passengers do not go ashore, even temporarily, at another U.S. point. See 29 O.A.G. 318 (1912). WAIVER AUTHORITY-46 U.S.C. § 501 National Defense The PVSA can only be waived in the interest of national defense, pursuant to 46 U.S.C. § 501. Under 46 U.S.C. § 501 (a), the Secretary of Defense may request the Secretary of the Department of Homeland Security (DHS) to waive the PVSA to the extent the Secretary of Defense considers such a waiver necessary in the interest of national defense. In this instance, CBP, pursuant to a delegation of authority from the Secretary of DHS shall grant the waiver. For all other waiver requests, the Secretary of DHS is authorized to grant the waiver request if the Secretary of DHS considers it necessary in the interest of national defense (46 U.S.C. § 501(b)). It should be noted that in this latter instance, P.L. 110-417, section 3510, (122 Stat. 4356, enacted on October 14, 2008), amended § 501(b), to require that the Maritime Administrator be consulted regarding the non -availability of qualified United States flag capacity to meet national defense requirements, before the Secretary of DHS grants the waiver request. Waiver Request A waiver request should include the purpose for which waiver is sought, port(s) involved, and estimated period of time for which the waiver is sought. Requests to waive the provisions of the coastwise laws administered by CBP should be referred to the Cargo Security, Carriers & Immigration Branch, Regulations and Rulings, 15 INK. The Passenger Vessel Services Act April 2010 Office of International Trade, U.S. Customs and Border Protection, Mint Annex, 799 9th Street, NW, Washington, DC 20229-1179, phone (202) 325-0030, fax (202) 325-0152. Coordination with Other Agencies CBP's enforcement and administration of the PVSA require coordination with other interested agencies, such as the Maritime Administration (MARAD) of the U.S. Department of Transportation, the USCG, and the U.S. Department of Defense. As mentioned above, the USCG determines vessel eligibility for coastwise endorsement and issues certificates of documentation. MARAD monitors and assesses the operating status of U.S.-flag vessels, and advises CBP on such U.S. vessel availability. Similarly, the U.S. Department of Defense ascertains whether a waiver request is in the interest of national defense. If the Department of Defense is the requesting party for a waiver, CBP grants the waiver request. For all other requests, CBP makes a recommendation to the Secretary of DHS who is the deciding authority on the waiver request. 16 ISE The Passenger Vessel Services Act April 2010 ADDITIONAL INFORMATION The Internet The home page of U.S. Customs and Border Protection on the Internet's World Wide Web, provides the trade community with current, relevant information regarding CBP operations and items of special interest. The site posts information -- which includes proposed regulations, news releases, publications and notices, etc. -- that can be searched, read on-line, printed or downloaded to your personal computer. The web site was established as a trade -friendly mechanism to assist the importing and exporting community. The web site also links to the home pages of many other agencies whose importing or exporting regulations that U.S. Customs and Border Protection helps to enforce. The web site also contains a wealth of information of interest to a broader public than the trade community. For instance, the "Know Before You Go" publication and traveler awareness campaign is designed to help educate international travelers. The web address of U.S. Customs and Border Protection is http://www.cbp.gov Customs Regulations The current edition of Customs and Border Protection Regulations of the United States is a loose-leaf, subscription publication available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; telephone (202) 512-1800. A bound edition of Title 19, Code of Federal Regulations is also available for sale from the same address. All proposed and final regulations are published in the Federal Register, which is published daily by the Office of the Federal Register, National Archives and Records Administration, and distributed by the Superintendent of Documents. Information about on-line access to the Federal Register may be obtained by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time. These notices are also published in the weekly Customs Bulletin described below. Customs Bulletin The Customs Bulletin and Decisions ("Customs Bulletin") is a weekly publication that contains decisions, rulings, regulatory proposals, notices and other information of interest to the trade community. It also contains decisions issued by the U.S. Court of International Trade, as well as customs -related decisions of the U.S. Court of Appeals for the Federal Circuit. Each year, the Government Printing Office publishes bound volumes of the Customs Bulletin. Subscriptions may be purchased from the Superintendent of Documents at the address and phone number listed above. 17 "R The Passenger Vessel Services Act April 2010 Informed Compliance Publications U.S. Customs and Border Protection has prepared a number of Informed Compliance publications in the "What Every Member of the Trade Community Should Know About:..." series. Check the Internet web site http://www.cbp.gov for current publications. "Your Comments are Important" The Small Business and Regulatory Enforcement Ombudsman and 10 regional Fairness Boards were established to receive comments from small businesses about Federal agency enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the enforcement actions of U.S. Customs and Border Protection, call 1-888-REG-FAIR (1-888-734-3247). REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA rir Visit our Internet web site: http://www.cbp.gov W INK Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OPPOSING THAT PORTION OF THE STATE OF ALASKA'S PROPOSED FY 2022 BUDGET WHICH WOULD CHARGE HOME RULE MUNICIPALITIES FOR THE PROSECUTION OF STATE MISDEMEANOR CRIMES WITHIN EACH JURISDICTION WHEREAS, the Governor's proposed budget for FY 2022 contains a proposal to charge home rule municipalities for the prosecution of state misdemeanor crimes within each jurisdiction, or else force municipalities to prosecute their own misdemeanor crimes; and WHEREAS, legally, the state is obligated to prosecute "all cases involving violation of state law"; and WHEREAS, the state does not prosecute municipal ordinances, including municipal misdemeanors; and WHEREAS, the misdemeanor prosecutions that the proposal seeks to charge municipalities for are violations of state laws exclusively; and WHEREAS, forcing municipalities to pay for state obligations explicitly provided for in statute is legally questionable and impedes a local governments ability for self -governance, contrary to Article X Sec. 1 of our State Constitution; and WHEREAS, the City of Seward does not retain its own judge, prosecutor, and defender; and WHEREAS, adding these positions would be financially detriment to the City. Conversely, the other option is to pay the state to prosecute these misdemeanor crimes; and WHEREAS, currently, the Kenai District Attorney's Office, which covers Seward, is dismissing misdemeanor crimes at an alarming rate and are being told to do so by their superiors in the Attorney General's Office in the interests of saving time and money. This inexcusable behavior does not represent the rights of the citizens of the state to be protected by our system of justice; and WHEREAS, the City of Seward has not been offered or given any assurances their reported misdemeanor crimes will be given any attention by the district attorney's if the City agrees to pay this toll; and WHEREAS, we urge the proper funding of the Governor's budget to allow for all facets of public safety to be able to work as needed and represent the rights and freedoms of the people MIN CITY OF SEWARD, ALASKA RESOLUTION 2021-024 of Seward and Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby opposes that portion of the State of Alaska's proposed FY2022 budget which would charge home rule municipalities for the prosecution of state misdemeanor crimes within each jurisdiction. Section 2. The city manager is directed to furnish a copy of this resolution to Governor Dunleavy's office. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Mr] Agenda Statement Meeting Date: February 22, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Alan Nickell, Police Chief Agenda Item: Opposing the State of Alaska changing charging protocols for the prosecution of state misdemeanor crimes BACKGROUND & JUSTIFICATION: The Governor's proposed budget for FY 2022 contains a proposal to charge home rule municipalities for the prosecution of state misdemeanor crimes within each jurisdiction or force them to prosecute their own misdemeanor crimes. Legally, the state is obligated to prosecute "all cases involving violation of state law." The state does not prosecute municipal ordinances, including municipal misdemeanors. The misdemeanor prosecutions that the proposal seeks to charge municipalities for are violations of state laws exclusively. Forcing municipalities to pay for state obligations explicitly provided for in statute is legally questionable and impedes a local governments ability for self -governance, contrary to Article X Sec. 1 of our State Constitution. The City of Seward does not retain its own judge, prosecutor, and defender. Adding these positions would be a further financial detriment to the city. Conversely, the other option is to pay the state to prosecute these misdemeanor crimes. Currently, the Kenai District Attorney Office, which covers Seward, are dismissing misdemeanor crimes at an alarming rate and are being told to do so by their superiors in the Attorney General's Office in the interests of saving time and money. This inexcusable behavior does not represent the rights of the citizens of the state to be protected by our system of justice. The City of Seward has not been offered or given any assurances their reported misdemeanor crimes will be given any attention by the district attorney's if we agree to pay this toll. The City of Seward currently subsidizes the State of Alaska for the Seward Community Jail facility. Since 2015, the State of Alaska has decreased contract funding to the Seward Community Jail and no opportunity for contract negotiation has been offered. The jail contract has never been adjusted for inflation. In 2018, the City of Seward paid $228,366 of their own money to cover the shortfall in the jail contract. In 2019, this amount rose to $238,036. As of October of 2020, the City had spent over $220,000. The final amount the City has subsidized for 2020 will be available in the near future. When the cost of the community jail is added to this proposed change to misdemeanor protocols, the expected costs to the City of Seward could increase to $500,000 or more annually. This is too much burden on the people of Seward and we strongly oppose this treatment of our residents. These measures violate the Constitution of the State of Alaska and should be immediately stopped. We urge the proper funding of the Governor's budget to allow for all facets of public safety to be able to work as needed and represent the rights and freedoms of the people of Seward and AIaska. "R INTENT: To oppose The State of Alaska for changing misdemeanor crimes. r CONSISTENCY CHECKLIST: Comprehensive Plan: Z. C3. 11 Strategic Plan: Other: the charging protocols for the prosecution of state FISCAL NOTE: There is no fiscal impact associated with this opposition resolution, though a significant impact on the City's budget will need to be addressed if the State passes this obligation onto municipalities. Approved by Finance Department: M ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: City Council approve Resolution 2021- 02-. , opposing the change that would charge home rule municipalities for the prosecution of state misdemeanor crimes. `FIR f NAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www kenaixity January 22, 2021 Honorable Peter Micciche State Capital Room 504 Juneau, AK 99801 Re: State of Alaska Budget FY 2022 Dear Senate President Micciche, The Governor's proposed budget for FY 2022 contains a proposal to charge home rule municipalities for the prosecution of state misdemeanor crimes within each jurisdiction. This letter explains why the proposal is legally questionable, unjust, disproportional, harmful to law enforcement across the state and should be removed from the state budget. Legally, the state is obligated to prosecute "all cases involving violation of state law." The state does not prosecute municipal ordinances, including municipal misdemeanors. The misdemeanor prosecutions that the proposal seeks to charge municipalities for are violations of state laws exclusively. Forcing municipalities to pay for state obligations explicitly provided for in statute is legally questionable and impedes a local governments ability for self -governance, contrary to Article X Sec. 1 of our State Constitution. It is unclear why the proposal unjustly singles out home rule municipalities. For example, the City of Kenai, a home rule city, provides very similar police services to its residents and visitors as Homer, a non -home rule city, just down the road. Both municipalities have provisions for misdemeanor penalties in their codes. This proposal seeks to charge Kenai for the prosecution of state misdemeanors, but not Homer. Why? While it is true that home rule municipalities are less restricted in the exercise of certain powers, non -home rule municipalities can and have adopted misdemeanors. No municipality should be forced to pay for the prosecution of state crimes in its jurisdiction, but singling out home rule municipalities to pay a statewide cost is unjust. The burden to home rule municipalities from this proposal greatly outweighs the benefit to the state. The total savings/revenue generated to the state as proposed is less than $1.3 million. The proposed cost to Kenai is $123,700. Based on comparative FY 2021 budgets, the comparative fiscal impact to Kenai is approximately 40 times greater than that to the state. Further, take for example the City of Ketchikan which is affected by this proposal and has already adopted its budget for the calendar year 2021. Ketchikan's revenue is dramatically affected by the COVID- IPA State of Alaska January 22, 2021 Page 2 of 2 19 pandemic from lack of tourism, yet this proposal creates an additional burden without allowing the City an opportunity to budget for this new cost. Finally, this proposal is without qualification bad for law enforcement across the state. In Kenai, for example, our police department works cooperatively with the state troopers, Soldotna police department, state pre-trial enforcement and probation, federal law enforcement, the state prosecutor's office, Office of Children's Services and the Alaska Court System towards a common goal. Law enforcement agencies frequently assist each other with misdemeanor and felony investigations and arrests, including the seizure and storage of evidence. These agencies also cooperate on joint SWAT teams and drug investigative units. On behalf of the state, the Kenai police department serves domestic violence restraining orders, arrest warrants, makes detentions for mental health evaluations, arrests for violations of conditions of release, executes dispositions of other agency fix -it -tickets, assist OCS with child protection and welfare checks, helps with Juvenile Youth Detention Services, provides assistance and security at the court house, aides adult probation, conducts prisoner transports, and assists in transport for state wellness courts. In many cases, state laws require Kenai police officers to make arrests in domestic violence incidents, violations of protective orders, and violations of conditions of release. Charging Kenai to prosecute state misdemeanors fails to recognize the obligation the state has placed on local law enforcement and the totality of the cooperative support local police provide to state agencies. This budget proposal could logically lead Kenai and other affected municipalities to explore the development of fees for services provided to the state. Further, what happens if municipalities decline to sign agreements to pay the proposed fees? Will the state stop prosecuting state misdemeanors in home rule municipalities? Will local police then stop enforcing state misdemeanor laws? The proposal in the Governor's budget to charge Kenai and other home rule municipalities for the prosecution of state misdemeanor crimes can only achieve relatively insubstantial savings/ revenue for the state at the risk of legal challenges and significant negative impacts to the cooperative landscape of law enforcement that currently exists in our state. Thank you for your consideration, and please contact me if you have any questions or need additional information. Sincerely, CITY OF KENAI cc: Mayor Gabriel and City Council Members Representative Carpenter Representative Gillham The City of Kenai I wwwkenaixity 122 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH YUKON FIRE PROTECTION FOR ANNUAL INSPECTION SERVICES FOR THE CITY'S FIRE EXTINGUISHERS, FIRE ALARMS, AND SPRINKLER SYSTEMS FOR A PERIOD OF THREE YEARS, WITH TWO ONE-YEAR EXTENSIONS, AT A TOTAL COST NOT -TO -EXCEED $6,000 PER YEAR WHEREAS, Seward City Code 2.25.055, Fire Department Power and Duties, states the Seward Fire Department "is responsible for maintenance and repair of all City fire alarm systems"; and WHEREAS, the fire department coordinates the annually -required fire extinguisher, fire alarm, and sprinkler inspections for all City buildings; and WHEREAS, the proposed contract would last three years with two one-year extensions; and WHEREAS, a longer contract for these services was determined to be more efficient than going out for bid every two years; and WHEREAS, after evaluating bids for fire extinguisher service, and also bids for fire alarm and sprinklers systems, it was determined that Yukon Fire Protection was the best provider. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to contract with Yukon Fire Protection to provide annually -required fire extinguisher inspections and services for all City buildings for three years with the two one-year extension option, as attached herein. Section 2. The city manager is hereby authorized to contract with Yukon Fire Protection to provide annually -required fire alarm and fire sprinkler systems inspections and services for all City buildings for three years with the two one-year extension option, as attached herein. Section 3. Both contracts will be effective February 2021 through Decemeber 31, 2023, with two one-year extension options for 2024 and 2025, at a total cost not -to -exceed $6,000 per year. Section 4. This resolution shall take effect immediately upon adoption. 123 Agenda Statement Meeting Date: February S, 2021 To: City Council Through: Acting City Manager, Norm Regis From: Clinton Crites, Fire Chief Agenda Item: Allowing the City Manager to enter into a contract with Yukon Fire Protection for annual inspection services for fire extinguishers, fire alarm and sprinkler systems for a period of three years with two one-year extensions at a total annual cost not -to -exceed $22,000 BACKGROUND & JUSTIFICATION: The Fire Department, per Seward City Code 2.25.005 Fire Department Power and Duties, "is responsible for maintenance and repair of all City fire alarms systems". In the past, the fire department has put out for bids for this matter, with two being three-year contracts for annual fire extinguisher and fire systems inspections. The bid process is time consuming to repeat every two years, as well as the break in continuity for the inspection process. It is more efficient and affordable if the same fire protection company can be used for several years in a row. This is why we determined a three-year contact with two one-year extensions would be better suited for this work. Two bid processes were conducted, one for fire extinguisher annual inspections and services and one for fire alarm and sprinkler system annual inspections and maintenance reviews. Two bids were necessary because they were local businesses that service fire extinguishers only. Over the past several contracts, we afforded them the opportunity to bid for our City contract. This year, after evaluation of the bids, the same fire protection contractor had the highest scores in both areas. In years past, we have worked with Yukon Fire Protection and are confident with the services they provide and the recommendations for repairs and upgrades they make. INTENT: To allow the City Manager to enter into a contract with Yukon Fire Protection for annual inspection services for fire extinguishers and fire alarm and sprinkler systems for an initial period of three years with two one-year extensions. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2 Strategic Plan (document source here): Page 19, Promote a safe community with superior police and fire management X 3 Other (list): Seward City Code 2.25.005 Fire Department Power and Responsibility X 124 FISCAL NOTE: Total annual cost not -to -exceed $22,000. Funding for this contract is included in each department's 2021 budget under contracted services line item 7009 and will continue to be factored into future budgets for the length of the contract. No additional appropriation is necessary. Approved by Finance Department; w ATTORNEY REVIEW: Yes— No _ — Not Applicable RECOMMENDATION: For Council to approve Resolution 2021- , allowing the City Manager to enter into a contract with Yukon Fire Protection for annual inspection services for fire extinguishers and fire alarm and sprinkler systems for a period of 3 years with two one-year extensions. `PR 3 YEAR CONTRACT PLUS 2 ONE YEAR EXTENSIONS YUKON FIRE PROTECTION FIRE EXTINGUISHER This contract is between the City of Seward and Yukon Fire Protection, office location is 5601 Silverado Way, Anchorage Alaska 99518. Office phone contact 907-563-3608. This is a three (3) year contract for inspection, maintenance and hydro- testing of fire extinguishers for all departments for the City of Seward, as coordinated with the Seward Fire Department plus 2 one-year extension. CONTRACT DATES: February XX, 2021 through February 2023 plus 2 one-year extensions that could extend the contract to 2024 and 2025. Pricing is outlined in the price quote response. It is further understood that an extinguisher that needs to be repaired or replaced will be discussed and the option of repair or replacement will be made. Subject to the extent of the repairs, the cost and type of extinguisher involved versus the per hour shop charge. The first inspection of extinguishers for the City of Seward, under this contract will be completed during the month of October 2021. City of Seward Representative Date _c_ 2�P�I.rL l_ �6G1i2 CY 2/10/2021 Yukon Fire Protection R resentative Date Erik van Elburg, Operations Manager IIKA 3 YEAR CONTRACT PLUS 2 ONE-YEAR EXTENSIONS YUKON FIRE PROTECTION FIRE DETECTION & SUPPRESSION SYSTEMS This contract is between the City of Seward and Yukon Fire Protection, office location is 5601 Silverado Way, Anchorage Alaska 99518. Office phone contact 907-563-3608. This is a three (3) year contract for inspection and maintenance of fire detection and suppressions systems for all departments for the City of Seward, as coordinated with the Seward Fire Department plus 2 one-year extensions. CONTRACT DATES: February XX, 2021 through February 2023 plus 2 one- year extensions that could extend the contract to 2024 and 2025. Pricing is outlined in the price quote response. It is further understood that any fire system that needs repairs will be discussed and the option of repair or replacement will be made. Subject to the extent of the repairs, the cost and type of work involved versus the per hour shop charge for possible upgrades. The first inspection of fire detection and suppression systems for the City of Seward, under this contract will be completed during the month of October 2021. City of Seward Representative Date tAa�_ � Yukon Fire Protection Repr entative Erik van Elburg, Operations Manager 2/10/2021 Date 127 CITY OF SEWARD Fire & Building Dept, 1'. 0. Box 167 007.22 11,) 907.22 L8633 i�ati I l{I ;iclams ;�trcerl rrcriuss�'�'ih��f�cu�ird.iacl tic«.u�l.:�laslui 990; 1 December 11, 2020 Intent to Award - Fire Systems Mr. Riddle, Please provide documentation as described below. Licensed by the State of Alaska Fire Marshal's office. Certificate of Insurance must be provided prior to award of contract. Copy of a City of Seward Business License. Contract will be for a 3 year period and prices must be valid for 2021 and 2023. Contract will have 2 one year extension allowable without further bids. Vendor to ensure all systems are checked within each department. Vendor will invoice each department separately for the work done. Vendor will also work directly with the department for repairs and replacement of equipment. Vendor will make detailed inventory of all fire system services, to include type, size, serial number listed by department. (Spreadsheet format preferred) Copies of inspections and invoices will come to the City of Seward Fire Department. The Fire Department acts a coordinator for these annual inspections. Clinton Crites Fire Chief for the City of Seward (907) 224- 3445 316 Fourth Avenue, Seward Alaska PO Box 167, Seward Alaska 99664 128 CITY OF SEWARD Fire & Building Dept. 1'. (}. dins 11)7 )07.221.31 l.i 907.221.M33 Cas 110 Adaa119 SUCCI rcct�irs's�'i itr'ofcrtis,�r�laiet S<`tc,]Id.. hlka 9!)Cifi 1 December 11, 2020 Intent to Award - Extinguishers Mr. Riddle. Please provide documentation as described below. Licensed by the State of Alaska Fire Marshal's office. Certificate of Insurance must be provided prior to award of contract. Provide a copy of a City of Seward Business License. Contract will be for a 3-year period and prices must be valid for 2021 and 2023. Two more years can be added to this contract after review without further bids. Vendor to ensure all fire extinguishers are checked within each City department. Vendor will invoice by department for the work done. Vendor will work directly with each department and arrange for repairs or replacement of equipment. Vendor will make detailed inventory of all fire extinguishers services, to include type, size, serial number and hydro dates listed by department. (Spreadsheet format preferred) Copies of inspections and invoices will come to the City of Seward Fire Department. The Fire Department acts a coordinator for these annual inspections. Clinton Crites Fire Chief for the City of Seward (907) 224- 3445 316 Fourth Avenue, Seward Alaska PO Box 167, Seward Alaska 99664 129 � ��� SEA► 4 P Seward Fire Dept. To: Fire Protection Services From: Janice, Executive Assistant Through: Clinton Crites, Fire Chief Date: November 2, 2020 Re: Price Quote: Fire Systems Service for 3 year contract plus 2 1-year options to extend for total of 5 years with City of Seward Fire Extinguisher Annual Testing, Maintenance & Hydro — Three year contract Contractor must be licensed by the State of Alaska Fire Marshal's office. Certificate of Insurance must be provided prior to award of contract. Vendor must provide proof of a City of Seward Business License. Contract will be for a 3 year period plus option of 2 1-year extensions. Prices must be valid for 2021 through 2023. (with 2024 & 2025 option) Contract year will be fiscal year January 1 through December 31. Inspection typically September/ October. The City of Seward will have a designated person to contact at each department. Vendor to ensure all fire alarm, sprinkler and hood systems are inspected within each department. Vendor will break down charges for each department separately for the work done (Actual invoice will be sent to the Fire Department for processing). Vendor will also work directly with the department contact to discuss repairs and/ or replacement of equipment and get approval for such. Vendor will make detailed inventory of all fire system services, to include type, make, model and serial number and deficiencies listed by department on a sheet that will be provided to the City via the Fire Department for record files. Invoices will come to the City of Seward Fire Department for processing and payment. The Fire Department acts as coordinator for these annual inspections. Janice Melvin, Executive Assistant to Chief Clinton Crites (907) 224- 3445 PO Box 167, Seward Alaska 99664 130 Seward Fire Dept. To: Fire Protection Services From: Janice, Executive Assistant Through: Clinton Crites, Fire Chief Date: November 2, 2020 Re: Price Quote: Fire Extinguisher Service for 3 year contract plus 2 1-year options to extend for total of 5 years with City of Seward Fire Extinguisher Annual Testing, Maintenance & Hydro — Three year contract Contractor must be licensed by the State of Alaska Fire Marshal's office. Certificate of Insurance must be provided prior to award of contract. Vendor must provide proof of a City of Seward Business License. Contract will be for a 3 year period plus option of 21-year extensions. Prices must be valid for 2021 through 2023. (with 2024 & 2025 option) Contract year will be fiscal year January 1 through December 31. Inspection typically September/ October. The City of Seward will have a designated person to contact at each department. Vendor to ensure all fire extinguishers are checked within each department. Vendor will break down charges for each department separately for the work done (Actual invoice will be sent to the Fire Department for processing). Vendor will also work directly with the department contact to discuss repairs and/ or replacement of equipment and get approval for such. Vendor will make detailed inventory of all fire extinguishers services, to include type, size, serial number and hydro dates listed by department on a spreadsheet that will be provided to the City via the Fire Department for record files. Invoices will come to the City of Seward Fire Department for processing and payment. The Fire Department acts as coordinator for these annual inspections. Janice Melvin, Executive Assistant to Chief Clinton Crites (907) 224- 3445 PO Box 167, Seward Alaska 99664 IN O O O cTI j v 0 u ta=. 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[� G"` .G s--Z Q`r +"O+ +.� c0U cJ 4, s; OV Co sa 'C3 lu b z r 11 11 o r- � 0o O r eC w ca -C., �: Q �l vi �r = L� q ta' spa co to w41 1 �� C a���� w O _a: N 0 -0 3 O ii 1 o � c�u 0 co co to 0 U2 s e, co rn -49 2 m rl r Gy cbcd v_ a. c6 w cz 'd OZcc o z z Gp ry o o y uce cd w a LLJ 10 > LLJ y o a r ON Ant&(l3 G L E 132 AFFIDAVIT OF PUBLICATION UNITED STATES OF AMERICA STATE OF ALASKA THIRD JUDICIAL DISTRICT Before me, the undersigned, a notary public, this day personally appeared, Michael Paschall who, being first duly sworn according to law, says that he represents TriDelta, Incorporated, publisher of the Seward Journal, a newspaper of general circulation published in Seward in said Third Judicial District and State of Alaska, and that the advertisement of which the annexed is a trine copy, was published in said newspaper on the following day(s): and that the rate charged is not in excess of the rate charged private individuals, with the usual discounts. ichael R. PaschaIl scribed nd sworn before me this day of 2020. ,w"sur p Y Nat�ary Public in and for stautfMOA State of Alaska C My commission expires: 10, 2024 133 Sponsored by: Historic Preservation Commission CITY OF SEWARD, ALASKA RESOLUTION 2021-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE HISTORIC PRESERVATION COMMISSION'S PRIORITIES FROM FEBRUARY 2021 THROUGH FEBRUARY 2022 WHEREAS, the Historic Preservation Commission's responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, at its February 11, 2021 regular meeting, the Historic Preservation Commission (HPC) reviewed and approved their Priorities for February 2021 through February 2022; and WHEREAS, with the passage of the Historic Preservation Commission Resolution 2021-002 on February 11, 2021, HPC recommends City Council approval of the 2021 Historic Preservation Commission Priority List from February 2021 to February 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the following list of Priorities and Goals for the Historic Preservation Commission from February 2021 through February 2022: ANNUAL REPORTING • Annual report to council • Annual Certified Local Government (CLG) grant report to the State Historic Preservation Office PUBLIC OUTREACH • Coordinate efforts with Planning and Zoning regarding the identification and protection of local historic and archaeological resources • Enhance understanding of the economic benefits of Heritage Tourism • Celebrate National Historic Preservation Month in May by proclamation • Award the Annual Seward Historic Preservation Award in May • Improve the Seward Historic Preservation Commission online presence SEWARD HISTORIC STRUCTURES & SITES • Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory • Update, review, and submit the Seward Inventory of Historic Sites to the Offices of History and Archaeology according to the guidelines for the Alaska Heritage 134 CITY OF SEWARD, ALASKA RESOLUTION 2021-026 Resources Survey, with annual review • Promote and continue to nominate structures and sites to Seward Local Register • Support the historic Hoben Park and assist with planters • Engender the preservation and use of the Jesse Lee Home properties for Park use • Track and monitor the progress of the Fort Raymond Subdivision • Identify the Ten Most Endangered Historic Properties in Seward SEWARD HISTORIC PRESERVATION PLAN (Updated 2017) • Promulgate economic incentives, historical preservation and education • Develop historic preservation initiatives and projects • Advance the Historic Overlay District OTHER COMMISSION TASKS • Generate ideas, set priorities, and submit an application for consideration, and take action on CLG grant opportunities that stimulate knowledge of local history, heritage tourism and cultural awareness Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of February, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) Agenda Statement Meeting Date: February 22, 2021 To: City Council From: Historic Preservation Commission Agenda Item: Resolution Adopting the Historic Preservation Commission Priorities from February 2021 to February 2022 BACKGROUND & JUSTIFICATION: Annually, the Historic Preservation Commission establishes their priorities. The Commission approved their priorities at the February 11, 2021 regular meeting. At their February 11, 2021 meeting, the Historic Preservation Commission approved Resolution 2021-002 recommending City Council approval of their Priorities from February 2021 through February 2022. INTENT: The intent of this resolution is for council to adopt the Historic Preservation Commission Priorities for February 2021 through February 2022. The board would like to work with council on achieving these goals. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: The Historic Preservation Commission's priorities 1. work towards achieving the goals listed in the Seward Comprehensive X Plan. Strategic Plan: The Historic Preservation Commission's priorities share 2. the same Vision Elements for History and `Sense of Community' noted X in the Strategic Plan. 3. Other (list): X ATTORNEY REVIEW: No FISCAL NOTE: The City will have no costs associated with the approval of the Historic Preservation Commission Priorities. Approved by Finance Department: N/A RECOMMENDATION: Approve Resolution 2021-026, Adopting the Historic Preservation Commission Priorities From February 2020 Through February 2021. iKi1.1 Sponsored by: Chair Seese & Vice Chair Ward CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2021-002 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION APPROVING THE HISTORIC PRESERVATION COMMISSION PRIORITIES FROM FEBRUARY 2021 TO FEBRUARY 2022 WHEREAS, the Historic Preservation Commission's responsibilities are listed in SCC 2.30.325 Powers and Duties; and WHEREAS, at its December 10. 2020 and January 1.4, 2021 meetings, the Historic Preservation Commission granted Chair Seese &. Vice Chair Ward the authority to review and update the commission's Priorities and Goals list for 2021, and to bring it back for commission approval. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The following; list of Priorities and Goals from February 2021 through February 2022.is hereby approved by the Commission and recommended to City Council for their approval: ANNUAL REPORTING • Annual report to council • Annual Certified Local Government (CLG) grant report to the State Historic Preservation Office PUBLIC OUTREACH • Coordinate efforts with Planning and Zoning regarding the identification and protection of local historic and archaeological resources. • Enhance understanding of the cconomic benefits of Heritage Tourism. • Celebrate National Historic Preservation Nlonth in May by proclamation. • Award the Annual Seward Historic Preservation Award in May. • Improve the Seward Historic Preservation Commission online presence. SEWARD HISTORIC STRUCTURES & SITES • Review local projects and recommendations about the effect can properties idcnti tied i61FA HISTORIC PRE S E RVAT I ON COMMISSION RESOLUTION 2021-002 in the local historic preservation inventory. • Update, rc%-Ic\v. and submit the Seward Inventory of Historic Sites to the Offices of History and Arclracology according to the guidelines firr the Alaska Heritage Resources Survey, with annual review. • Promote and continue to nominate structures and sites to Seward Local Register. • Support the I11storie Hoben Park and assist with planters. • Engender the preservation and use of the Jesse Lee Home properties for Park use. • Track and monitor the prof ress offfic Fort Raymond Subdivision. • Identify the Ten Most Lndan-cred 111storic Properties in Seward. SEWARD HISTORIC PRESERVATION PLAN (Updated 2017) • Promulgate economic incentives, historical prese1-N'at1011 anti edueation.. • Develop historic preservation initiatives and prof ects. • Advance the Historic Overlay District. OTHER COMMISSION TASKS ■ Generate ideas, set priorities. and submit an application for consideration, and take action on CLG grant opportunities that stimulate knowledge of local history, heritage tourism and cultural awareness. Section 2. "Phis resolution will be brought forward to City Council for approval. Section 3. This resolution shal I take effect immediately upon its adoption. PASSED AND APPROVED by the Historic Preservation Commission of the City of Seward, Alaska. this I 1 "' day of' F cbruary, 2 02 1, THE CITY OF SEWARD, ALASKA �a Cheryl Seese, air AYES: Benoit, Ward, Pemberton, Libbrecht, Seese NOES: \,one ABSENT- Woclkcrs ABSTAIN None E 138 HISTORIC PRESERVATION COMMISSION RESOLUTION 2021-002 ATTEST: .. '&,p J,tiq 1u rY*f, aren Corrigan `k ••,. •Po '.° P,�y Acting Deputy City Cl c r•GaR �r'�.. t% (City Seal) SEAL j r •` OF ,►� wry; O •' a •r'4sr:les%*"�c 139 City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page CALL TO ORDER The February 8, 2021 regular meeting of the Seward City Council was called to order at 7:05 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese (telephonically) Liz DeMoss comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — None Absent — None Sue McClure John Osenga Ristine Casagranda (telephonically) CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Patrick Messmer was President of the Seward Public Employees Association (SPEA) and opposed outsourcing the Human Resource position. It would cost more money and reduce the quality of service. The current HR person had been fair, honest, and pleasant to work with, and SPEA had a good relationship with the city. Messmer said the wage study recommendation for the HR position had been a grade 10, but the current employee requested it be lowered to a grade 9. Michelle Oliver thought outsourcing the Human Resource position would cost the city more money. She wanted to keep the position and the money local, and recalled a community experiment that was conducted years ago by a local business owner wherein employee paychecks were paid in $2 bills and everyone in town watched those bills get circulated over and over again. Lynda Paquette thanked administration for their work on the draft Request for Proposals for the forensic audit. She wondered if there could be a mechanism in place for citizens to submit a request for a review of their utility bill. Regarding the HR position, perhaps the job responsibilities for the position needed to be reviewed. 140 City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Terry removed the executive session from the agenda. Casagranda removed Resolution 2021-018 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2021-017, Approving The City Of Seward's 2020 Multi -Jurisdictional Hazard Mitigation Plan. Approval of the January 25, 2021 City Council Regular Meeting Minutes. Appoint Jim Pemberton to the Historic Preservation Commission with a term to expire May, 2022. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None City Manager Report. Acting City Manager Norm Regis reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $5,400 for 69 kV fuses for the Electric Department; $170,000 for the Boys & Girls Club contract per Resolution 2020-004 for the Parks & Recreation Department; $6,400 for a pump and supplies for the Electric Department; $5,060 for a 69 AMP 5-speed power fuse unit for the Electric Department; and, $9,350 for a Boss plow and plow box for the Electric Department. Regis reminded everyone that Third Avenue would be plowed tonight, so no one should park - on the side of the road. In response to Casagranda, Regis said the names of the vendors were removed from the purchase order reports to mitigate fraud prevention. City Attorney Report. Brooks Chandler stated he had modified his report this month in an effort to show the total impact of the cost of attorney fees, in the form of a year-end summary. Other Reports and Announcements Interconnect Implementation Plan Quarterly Report by Rob Montgomery. `« City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page Electric Utility Manager Rob Montgomery reported that three customers were now interconnected to the city and using the net meter, and there was another one expected soon. If anyone was interested in interconnecting with the city, his department wanted to help. Montgomery said the process would be streamlined over the next six to eight months, but if someone was interested in connecting today, he would make it happen. He said there was a group of approximately 20 people in Seward who were interested in installing solar panels in the near future. Planning & Zoning Commission Quarterly Report by Cindy Ecklund. No report. Port & Commerce Advisory Board (PACAB) Annual Report by Laura Schneider. Port & Commerce Advisory Board Chair Laura Schneider reported that PACAB had again reviewed the viability of having a heat pump rebate program. She said PACAB was pleased to be working with the Electric Department. Three members of PACAB attended the AML Conference in November. The Seward Marine Industrial Center (SMIC) Development Plan had been updated, and had included input from JAG. In the 4t' quarter of 2020, PACAB had discussions about how to hold the energy fair going forward; the subcommittee put together ideas about energy education that could be shared and posted online. PACAB moved evaluating infrastructure for future growth to 2021. PACAB had a productive year in 2020; the board was full, and they were looking forward to the work session with council in March. CARES Act Funding & Disbursement Report by Sam Hickok. Acting Finance Director Sam Hickok said the city received a total of $6.825 million from federal and the borough. Presentations Presentation of audit results for Payroll, PERS Contributions, and Credit Cards by Mladen Begojevic from Clear Idea Accounting & Consulting. Credit cards were not included in this audit. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2021-002, Amending Portions Of Seward City Code Chapter 3 - Personnel To Adjust The Pay Scale Cap And Annual Leave Accrual Rate As A Result Of The Classification And Compensation Study Conducted By GovHR USA, LLC. This ordinance was introduced on January 25, 2021. Motion (Baclaan/McClure) Enact Ordinance 2021-002 Regis said this had been negotiated with SPEA and was coming to council for approval. `ey: City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. Patrick Messmer (telephonically) was President of the SPEA, and he supported this ordinance. When the wage study was implemented, many employees did not receive a raise; for long- term employees, this leave accrual was a way to reward loyalty and longevity. He said it cost the city less money to provide leave than it did to provide raises. Michelle Oliver supported this ordinance, and encouraged council to pass it to demonstrate their support for long-term employees. Karen Corrigan (telephonically) supported this ordinance, but was disappointed not to see more supporting documentation from GovHR related to leave accrual. She said Seward was behind most other communities when it came to leave accrual. For any employee who had personal health issues, or had children, using leave was often necessary. She was concerned with some of the language that suggested satisfactory performance would not guarantee an automatic pay increase, and superior performance would be required; she requested that council amend the language. No one else appeared and the public hearing was closed. Motion to Amend (Terry/Baclaan) Motion to Amend Passed Amend Ordinance 2021-002 by adding a new Section 2 which reads, "Adjusted annual leave accrual will begin February 28, 2021." and moving all other Sections down. Unanimous Casagranda wondered if an employee could actually take two or more months of leave. In response, Regis said extended leave was rare and usually associated with a medical issue. Beyond that, Regis said, employee leave requests had to be pre -approved by their department head, and department head leave had to be pre -approved by the city manager. Main Motion Passed UNFINISHED BUSINESS Items Postponed from Previous Agenda Yes: Osenga, Seese, McClure, DeMoss, Baclaan, Terry No: Casagranda Resolution 2021-013, Authorizing The City Manager To Amend The Participation Agreement With The State Of Alaska Public Employees Retirement System (PERS) To Include The Chief Of Police Position In Participation. This item was postponed from January 25, 2021. 143 City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page In response to Casagranda, Hickok said SB242 was in place at the time this position was removed from PERS, which allowed the former police chief to be excluded from PERS. Baclaan requested a training on PERS to better understand the system, the city's liability, etc. Seese concurred. Motion Passed Unanimous Resolution 2021-015, Authorizing The City Manager To Enter Into An Agreement With Electric Power Systems, Inc. To Repair And Upgrade The Control System For Generator #3 In The Amount Of $258,778, Plus Ten Percent Contingency Of $25,878, For A Total Not -To - Exceed $284,656, And Appropriating Funds. This item was postponed from January 25, 2021. Chandler stated there was no conflict of interest for the city' s volunteer representative on the Railbelt Reliability Council to also be the owner of a large share in the company, Electric Power Systems, Inc., and could be awarded this contract. Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2021-018, Authorizing The City Manager To Enter Into An Agreement With Electric Power Systems To Procure, Configure, And Install Two New SCADA Servers To Replace Existing Servers At The Ft. Raymond Power Plant, To Include Capacitor Bank Graphics Which Mimic The Equipment At Ft. Raymond And A Cabinet To House The Servers, In The Amount Of $53,479, And Appropriating Funds. Motion (Baclaan/McClure) Approve Resolution 2021-018 Montgomery said the servers controlled the functions of the generators, and allowed the plant operators to run all six generators simultaneously. From a technical standpoint, the current servers had outlived their useful life. In response to Casagranda, Montgomery said these servers controlled all six generators. The previous resolution that was passed, Resolution 2021-015, addressed fixing the control panel for Generator 93 itself. Motion Passed Other New Business Items Unanimous Mayor appoint two Council Members to the Tabulation Team for the city attorney evaluation (to be held on March 8, 2021). 144 City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page The mayor appointed council members Osenga and McClure to the Tabulation Team with no objection form council. Schedule a Joint Work Session with the Planning & Zoning Commission, the Port & Commerce Advisory Board, and the Historic Preservation Commission on March 8, 2021 to review and discuss Annual Priorities. Council scheduled the joint work session on March 8, 2021 to discuss annual priorities. The times would be: Planning & Zoning Commission at 5:00 p.m.; Port & Commerce Advisory Board at 5:45 p.m.; and, Historic Preservation Commission at 6:15 p.m. Discuss the clearing of Second Lake for Ice Skating. Terry said having Second Lake open for ice skating was a practice that the city had been providing for years; if policies and procedures needed to be developed, the department should do that. When conditions were acceptable, the lake should be available for skating. Council directed the city manager to open Second Lake for public ice skating as soon as possible. Motion (Terry/Baclaan) Continue to provide ice skating on Second Lake in accordance with the Parks & Motion Passed Recreation Master Plan. Unanimous Discuss the possibility of outsourcing Human Resources. Baclaan recalled direction provided to the former city manager to research the possibility of outsourcing Human Resources, which was not completed. He said mid -cycle budget amendments would be coming soon, and this was one item worth looking at. Baclaan said previously, risk manager duties were part of the position; he didn't know if that was still the case. Regis said there were no municipalities in Alaska that currently outsourced HR, but it had reportedly been attempted and failed three times. Terry appreciated Baclaan's concern about potential budget cuts due to COVID-19, and thought it was fair to consider all options; she was anticipating the city having some hard conversations about the budget this year. Casagranda wondered if a hiring freeze should be another option to consider. INFORMATIONAL ITEMS AND REPORTS 2020 Write -Offs for Harbor, Seward Marine Industrial Center (SMIC), and Electric Utilities. City of Seward, Alaska City Council Meeting Minutes February 8, 2021 Volume 41, Page CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis reminded everyone to not park on Third Avenue tonight because the snowplows would be starting their work during the night. Seese appreciated Chandler being at the meeting. DeMoss thanked everyone who contributed to the city tour last week. There were a lot of people who worked for the city who really cared. She thanked Florence for doing research on ice skating solutions. Osenga thanked everyone for their reports. Be safe and be nice. McClure also enjoyed the city tour last week. She thanked Chandler for the new format of the city attorney report. She was excited about the Interconnect update and to see it moving forward. Baclaan thanked Jim Pemberton for applying to Historic Preservation Commission. He thanked administration for their work. The mid -cycle budget would be difficult, and he hoped there would be some creative solutions brought forward. Terry said the 2020 sales tax results showed the city was short $1.8 million. She thanked all departments for the city tour. The chamber's Seward Spends program would start later this week; people who spent $200 would receive $100 in gift cards in return. She thought the Hazard Mitigation Plan was well done. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor RECEIVED CITY OF SEWARD, ALASKA FEB Q 3 2021 APPLICATION FOR THE OFFICE OF THE SEWARD PLANNING AND ZONING COMMISSION CITY CLERK NAME: t, k STREET ADDRESS: ;?3cD av-X- 5� MAILING ADDRESS: F CD, ?)'-� -< /,:f:)A ( HOME TELEPHONE: �j t '] �- OkBUSINESS PHONE: E-MAIL V1_ C. � t"-j (� ' Cc,"� ADDRESS: �� FAX: HOW LONG IN THE CITY LIMITS OF SEWARD:��5 PRESENTLY EMPLOYED AT:Atik`- List any special training, education or background you have which may help you as a member of the Commission. Pi,,vt,i Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: I am specifically interested in serving on the Planning and Zoning Commission because: Have you ever served on a similar commission elsewhere? Yes ory--1 If so, where? And when? Are you available for meetings Tuesday evenings? If appointed, are you willing to traveL•_>(7Often Occasionally Rarely Never Date `ElfA COUNCIL AGENDA STATEMENT Meeting Date: February 22, 2021 To: City Council From: Council Member DeMoss Agenda Item: Discuss Amending the Land Use Table to allow Light Manufacturing in Central Business District BACKGROUND & JUSTIFICATION: The City of Seward currently does not allow for manufacturing in Central Business District (CBD) per the Land Use Table in Seward City Code. A wide array of business can be conducted under the NAICS Line of Business 31 — Manufacturing, including sewing clothing, food manufacturing, soap manufacturing, breweries, wineries, distilleries, retail bakeries, and jewelry manufacturing. Businesses have either already conducted business, are currently conducting business, and/or would like to conduct business under a manufacturing license in the Central Business District. To remain equitable and to respond to the needs of our business community the Land Use Table should be amended. INTENT: Direct the Planning & Zoning Commission to amend the current Land Use Table to allow for Light Manufacturing in Central Business District. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Strategic Plan (document source here) Other (list): FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: N/A Not Applicable Direct the Planning & Zoning Commission to amend the current Land Use Table to allow for Light Manufacturing in Central Business District. 148 SCC 15.10.140 (52) Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (53) ) Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. MEMORANDUM 4t45K4 Meeting Date: February 22, 2021 From: Brenda Ballou, City Clerk Agenda Item: Discuss and score the City Manager candidates interviewed on February 11, 2021 and decide next steps BACKGROUND & JUSTIFICATION The recruitment for the permanent city manager position was launched on December 1, 2020 and closed on January 4, 2021. On February 4, 2021, council received an initial review of the top seven applicants, as determined by GovHR. Council then scored those candidates and unanimously decided to move to the next step with three candidates: Robert Van Volkenburgh, Janette Bower, and Scott McClure. On February 11, 2021, council conducted live interviews with each candidate (via Zoom). There was no scoring done for the three finalists following the live interviews because council wanted everyone to have to opportunity to consider each candidate. NEXT STEPS Tonight, council may score the three candidates. Based on those results, council may consider the following options: 1. Move ahead with NO candidates and direct GovHR to re -post the position for an additional thirty (30) days; or, 2. Move ahead with one, two, or all three candidates to perform a second interview via Zoom or in person; or, Extend an offer to one candidate and assign a negotiating team of up to three council members, authorizing them to begin negotiations (negotiations can be discussed in executive session at a future date, with a resolution being brought forward afterwards for an employment agreement). 150 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM Clt of Seward eneral Fund Page: 1 For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 4000 Tax Revenue - Sales 0 0 5,602,000 (5,602,000) 0.00 4010 Tax Revenue - Real Property 0 0 1,060,000 (1,060,000) 0.00 4011 Tax Revenue - Personal Property 0 0 415,000 (415,000) 0.00 4012 Tax Revenue - Motor vehicle 0 0 25,000 (25,000) 0.00 4020 Hotel/Motel Room Tax 5,414 5,414 673,135 (667,721) 0.80 4030 Payments in Lieu of Tax 0 0 130,000 (130,000) 0.00 4031 Contra Payments in Lieu of Tax 0 0 (78,000) 78,000 0.00 4040 Penalties and Interest on Taxes 0 0 1,500 (1,500) 0.00 4100 Building Permits 0 0 41,600 (41,600) 0.00 4101 Permits - Taxi 93 93 1,100 (1,007) 8.50 4102 DMV - Drivers License 1,523 1,523 19,000 (17,478) 8.01 4103 DMV - Motor Vehicles 2,592 2,592 58,000 (55,408) 4.47 4104 Animal Control Licenses 30 30 200 (170) 15.00 4105 Business License 3,480 3,480 21,000 (17,520) 16.57 4106 License and Permits - Misc 0 0 3,500 (3,500) 0.00 4107 Inspection Fees 345 345 0 345 0.00 4202 Jail Contract 0 0 350,000 (350,000) 0.00 4203 Dispatch Contract w/State of AK 0 0 36,000 (36,000) 0.00 4204 KPB 911 Dispatch 0 0 52,800 (52,800) 0.00 4205 Alaska Liquor Tax 0 0 20,000 (20,000) 0.00 4206 Alaska Raw Fish Tax 0 0 420,000 (420,000) 0.00 4207 Fisheries Resource Landing Tax 0 0 2,500 (2,500) 0.00 4251 Grant Revenue - Federal Grants 0 0 2,774 (2,774) 0.00 4252 Grant Revenue -State Grants 1,000 1,000 7,000 (6,000) 14.29 4300 Admin. Exp. -Jail 0 0 112,537 (112,537) 0.00 4301 Admin Exp.- Harbor 0 0 374,258 (374,258) 0.00 4302 Admin. Exp. -SMIC 0 0 99,895 (99,895) 0.00 4303 Admin. Exp.-Parking Fund 0 0 11,675 (11,675) 0.00 4304 Admin. Exp. - Electric 0 0 976,322 (976,322) 0.00 4305 Admin. Exp. -Water 0 0 269,340 (269,340) 0.00 4306 Admin. Exp. -Sewer 0 0 164,483 (164,483) 0.00 4307 Copying Fees 0 0 7,000 (7,000) 0.00 4308 Sales Tax Credit 0 0 4,000 (4,000) 0.00 4309 Zoning Fees 70 70 1,500 (1,430) 4.67 4320 Misc Dog Fees 0 0 600 (600) 0.00 4322 Miscellaneous Dispatching 0 0 10,000 (10,000) 0.00 4323 Miscellaneous Police Fees 120 120 2,500 (2,380) 4.80 4331 Shop Work Orders 0 0 2,000 (2,000) 0.00 4340 P&R: Public Use Fees 0 0 1,300 (1,300) 0.00 4341 P&R: Punchard Fees 0 0 8,000 (8,000) 0.00 4342 P&R: Class Registrations 0 0 43,000 (43,000) 0.00 4343 P&R: Facility Rental 0 0 6,600 (6,600) 0.00 4344 P&R: Tournaments 0 0 1,700 (1,700) 0.00 4345 P&R: Special Events 250 250 19,100 (18,850) 1.31 4347 P&R: Shower Fees 0 0 18,500 (18,500) 0.00 4348 P&R: Rock Wall Fees 0 0 250 (250) 0.00 4349 P&R: Pavilion Fees 350 350 7,500 (7,150) 4.67 4350 P&R: Camping Fees 64 64 505,050 (504,986) 0.01 151 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM Cit of Seward Page: 2 eneral Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget 4351 P&R: Camping w/Utilities 1,667 1,667 372,750 (371,083) 0.45 4352 P&R: RV Dump Station 0 0 16,000 (16,000) 0.00 4353 P&R: Misc Revenue 0 0 600 (600) 0.00 4356 P&R: Cemetery Plot Fees 0 0 500 (500) 0.00 4370 Library Service Revenue 581 581 15,000 (14,419) 3.87 4371 Library Circulation Revenue 0 0 4,000 (4,000) 0.00 4373 Museum Admissions 0 0 12,000 (12,000) 0.00 4380 Land Rents & Leases 3,450 3,450 42,500 (39,050) 8.12 4382 Jail Facility Rental 0 0 30,000 (30,000) 0.00 4383 Municipal Building Rent 32,500 32,500 43,471 (10,971) 74.76 4400 Fines and Bails 248 248 17,000 (16,753) 1.46 4500 GF Interest on Investments 0 0 81,000 (81,000) 0.00 4501 GF Penalties & Interest 0 0 1,500 (1,500) 0.00 4620 Franchise Fee - Refuse 0 0 17,500 (17,500) 0.00 5899 Miscellaneous Revenue 0 0 0 0 0.00 Total Revenues $ 53,777 $ 53,777 $ 12,165,040 $ (12,111,265) $ 0.44 152 Monthly Budget Expenditure Report by Fund Run: 2/17/2021 at 11:04 AM City of Seward Page: 1 General Fund g For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 307,941 307,941 4,259,458 3,951,517 7.23 6001 0900 - Debt Service Overtime 23,104 23,104 186,219 163,115 12.41 6002 Standby Time 1,258 1,258 8,093 6,835 15.55 6100 Medicare 6,242 6,242 93,880 87,638 6.65 6101 Unemployment Insurance 0 0 16,900 16,900 0.00 6102 Workers' Compensation 14,621 14,621 244,901 230,280 5.97 6200 Leave Time 49,257 49,257 410,260 361,003 12.01 6201 Retirement Benefits 72,201 72,201 956,767 884,566 7.55 6202 Health Insurance 191,854 191,854 2,238,759 2,046,905 8.57 Total Personnel Costs: $ 666,478 $ 666,478 $ 8,415,237 $ 7,748,759 $ 7.92 Non -Personnel Costs: 7000 Audit 0 0 115,000 115,000 0.00 7001 Communications 2,292 2,292 117,173 114,881 1.96 7002 Postage and Freight 3,988 3,988 37,971 33,983 10.50 7003 Banking & Credit Card Fees 0 0 52,600 52,600 0.00 7004Insurance 139,863 139,863 252,943 113,080 55.29 7006 Legal 0 0 80,000 80,000 0.00 7009 Contracted Services 13,794 13,794 328,033 314,239 4.21 7010 Engineering 0 0 40,000 40,000 0.00 7011 Testing 0 0 6,954 6,954 0.00 7012 Other Special Services 0 0 32,300 32,300 0.00 7013 State Lobbying Fees 5,042 5,042 90,000 84,958 5.60 7014 Federal Lobbying Fees 7,667 7,667 95,000 87,333 8.07 7015 Utilities 46,825 46,825 589,807 542,982 7.94 7016 Heating Fuel 0 0 62,193 62,193 0.00 7017 Rents & Leases 0 0 104,600 104,600 0.00 7201 Library Books 0 0 10,000 10,000 0.00 7202 Library Periodicals 0 0 3,000 3,000 0.00 7203 Library Standing Orders 0 0 4,000 4,000 0.00 7204 Library Non -Print 0 0 4,000 4,000 0.00 7205 Library Electronic Materials 0 0 4,500 4,500 0.00 7208 Museum Collection Supplies 0 0 1,200 1,200 0.00 7210 Vehicle Supplies 28 28 7,524 7,496 0.38 7211 Gas & Lube 10,391 10,391 98,730 88,339 10.52 7212 Uniform Allowance 198 198 14,519 14,321 1.36 7213 Safety Equipment 2,737 2,737 13,900 11,163 19.69 7214 Janitorial Supplies 0 0 16,350 16,350 0.00 7215 Operating Supplies 3,573 3,573 328,434 324,861 1.09 7216 Maintenance & Repair 9,518 9,518 220,097 210,579 4.32 7217 Small Tools & Equipment 1,283 1,283 100,429 99,146 1.28 7218 Inmate Meals 801 801 9,000 8,199 8.90 7300 Advertising 451 451 38,024 37,573 1.19 7301 Subscriptions & Dues 199 199 40,332 40,133 0.49 7302 Travel & Subsistence (110) (110) 104,872 104,982 (0.10) 7303 Education & Training 50 50 64,514 64,464 0.08 7304 Equipment Rent 0 0 37,836 37,836 0.00 153 Run: 2/17/2021 at 11:04 AM 7307 GF Administrative Fee 7800 Sister City Program 7801 Contributions to Chamber 7802 Contributions to Senior Citizens 7803 Contributions to B&G Club 7804 Elections 7805 Promotion 7806 Volunteer Fireman Stipend 7807 Contingency 7810 Miscellaneous Expense 8012 Debt Service Interest Expense 8103 Capital Equipment 8104 Motor Pool Rent 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Monthly Budget Expenditure Report by Fund City of Seward General Fund For 1/31/2021 Actual Y-T-D Month Actual 0 0 0 0 147,919 147,919 80,000 80,000 0 0 0 0 0 0 10,500 10,500 0 0 0 0 0 0 0 0 0 0 0 0 $ 487,009 $ 487,009 $ 1,153,487 $ 1,153,487 154 Annual Budget 112,537 6,250 278,032 80,000 25,000 4,000 10,000 38,000 6,000 25,700 223,456 5,000 285,000 230,000 $ 4,454,810 $ 12,870,047 Variance (Over)/Under Budget 112,537 6,250 130,114 0 25,000 4,000 10,000 27,500 6,000 25,700 223,456 5,000 285,000 230,000 $ 3,967,801 $ 11,716,560 of Annual Budget 0.00 0.00 53.20 100.00 0.00 0.00 0.00 27.63 0.00 0.00 0.00 0.00 0.00 0.00 $ 10.93 $ 8.96 Page: 2 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 2 General Fund Mayor and Council For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 0.00 18,000 18,000 0.00 6100 Medicare 0.00 0.00 1,377 1,377 0.00 6102 Workers' Compensation 0.00 0.00 149 149 0.00 Total Personnel Costs: $ 0.00 $ 0.00 $ 19,526 $ 19,526 $ 0.00 Non -Personnel Costs: 7000 Audit 0.00 0.00 115,000 115,000 0.00 7001 Communications 250.95 250.95 5,000 4,749 5.02 7002 Postage and Freight 0.00 0.00 1,500 1,500 0.00 7004Insurance 222.96 222.96 500 277 44.59 7013 State Lobbying Fees 5,042.00 5,042.00 90,000 84,958 5.60 7014 Federal Lobbying Fees 7,667.00 7,667.00 95,000 87,333 8.07 7215 Operating Supplies 7.99 7.99 6,500 6,492 0.12 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 273.00 273.00 18,000 17,727 1.52 7301 Subscriptions & Dues 0.00 0.00 3,600 3,600 0.00 7302 Travel & Subsistence 0.00 0.00 10,000 10,000 0.00 7303 Education & Training 0.00 0.00 1,500 1,500 0.00 7800 Sister City Program 0.00 0.00 6,250 6,250 0.00 7805 Promotion 0.00 0.00 6,000 6,000 0.00 7807 Contingency 0.00 0.00 2,000 2,000 0.00 Total Non -Personnel Costs: $ 13,463.90 $ 13,463.90 $ 362,350 $ 348,886 $ 3.72 Total Expenditures $ 13,463.90 $ 13,463.90 $ 381,876 $ 368,412 $ 3.53 155 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward General Fund Legislative Boards & Commissions For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 3,070.87 3,070.87 35,441 32,370 8.66 6100 Medicare 48.73 48.73 516 467 9.44 6102 Workers' Compensation 22.83 22.83 298 275 7.66 6201 Retirement Benefits 321.80 321.80 1,857 1,535 17.33 6202 Health Insurance 3,856.35 3,856.35 19,980 16,124 19.30 Total Personnel Costs: $ 7,320.58 $ 7,320.58 $ 58,092 $ 50,771 $ 12.60 Non -Personnel Costs: 7002 Postage and Freight 0.00 0.00 104 104 0.00 7004Insurance 195.71 195.71 7,416 7,220 2.64 7215 Operating Supplies 0.00 0.00 2,156 2,156 0.00 7301 Subscriptions & Dues 0.00 0.00 208 208 0.00 7302 Travel & Subsistence 0.00 0.00 4,100 4,100 0.00 7303 Education & Training 0.00 0.00 1,000 1,000 0.00 Total Non -Personnel Costs: $ 195.71 $ 195.71 $ 14,984 $ 14,788 $ 1.31 Total Expenditures $ 7,516.29 $ 7,516.29 $ 73,076 $ 65,559 $ 10.29 156 Page: 3 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 4 g General Fund Legal For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non -Personnel Costs: 7006 Legal 0.00 0.00 80,000 80,000 0.00 Total Non -Personnel Costs: $ 0.00 $ 0.00 $ 80,000 $ 80,000 $ 0.00 Total Expenditures $ 0.00 $ 0.00 $ 80,000 $ 80,000 $ 0.00 157 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7301 Subscriptions & Dues 7302 Travel & Subsistence 7303 Education & Training 7304 Equipment Rent 7804 Elections Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund City Clerk For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 9,874.76 9,874.76 140,980 131,105 7.00 123.20 123.20 0 (123) 0.00 297.66 297.66 2,172 1,874 13.70 68.17 68.17 1,243 1,175 5.48 1,792.79 1,792.79 17,844 16,051 10.05 1,052.53 1,052.53 7,772 6,719 13.54 6,611.48 6,611.48 89,910 83,299 7.35 $ 19,820.59 $ 19,820.59 $ 259,921 $ 240,100 $ 7.63 1,726.29 1,726.29 3,300 1,574 52.31 0.00 0.00 15,000 15,000 0.00 0.00 0.00 700 700 0.00 0.00 0.00 4,000 4,000 0.00 0.00 0.00 2,500 2,500 0.00 0.00 0.00 1,000 1,000 0.00 0.00 0.00 4,000 4,000 0.00 $ 1,726.29 $ 1,726.29 $ 30,500 $ 28,774 $ 5.66 $ 21,546.88 $ 21,546.88 $ 290,421 $ 268,874 $ 7.42 158 Page: 5 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 6 g General Fund City Manager For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 26,438.16 26,438.16 238,289 211,851 11.09 6100 Medicare 406.99 406.99 3,607 3,200 11.28 6102 Workers' Compensation 188.97 188.97 2,065 1,876 9.15 6200 Leave Time 894.11 894.11 20,992 20,098 4.26 6201 Retirement Benefits 2,576.33 2,576.33 12,912 10,336 19.95 6202 Health Insurance 9,566.77 9,566.77 99,900 90,333 9.58 Total Personnel Costs: $ 40,071.33 $ 40,071.33 $ 377,765 $ 337,694 $ 10.61 Non -Personnel Costs: 7001 Communications 191.95 191.95 5,200 5,008 3.69 7002 Postage and Freight 0.00 0.00 400 400 0.00 7004 Insurance 3,131.91 3,131.91 5,100 1,968 61.41 7009 Contracted Services 0.00 0.00 5,000 5,000 0.00 7211 Gas & Lube 0.00 0.00 3,000 3,000 0.00 7215 Operating Supplies 0.00 0.00 7,000 7,000 0.00 7217 Small Tools & Equipment 0.00 0.00 1,000 1,000 0.00 7300Advertising 0.00 0.00 2,100 2,100 0.00 7301 Subscriptions & Dues 0.00 0.00 8,000 8,000 0.00 7302 Travel & Subsistence (220.50) (220.50) 8,000 8,221 (2.76) 7303 Education & Training 0.00 0.00 4,000 4,000 0.00 7805 Promotion 0.00 0.00 4,000 4,000 0.00 7807 Contingency 0.00 0.00 4,000 4,000 0.00 8104 Motor Pool Rent 0.00 0.00 4,500 4,500 0.00 Total Non -Personnel Costs: $ 3,103.36 $ 3,103.36 $ 61,300 $ 58,197 $ 5.06 Total Expenditures $ 43,174.69 $ 43,174.69 $ 439,065 $ 395,891 $ 9.83 159 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6100 Medicare 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7004 Insurance 7009 Contracted Services 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment 7301 Subscriptions & Dues 7302 Travel & Subsistence 7303 Education & Training 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund MIS For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 17,735.07 17,735.07 181,461 163,726 9.77 256.92 256.92 2,771 2,514 9.27 112.04 112.04 1,586 1,474 7.06 3,088.40 3,088.40 19,298 16,210 16.00 2,702.46 2,702.46 9,919 7,217 27.25 9,600.70 9,600.70 99,900 90,299 9.61 $ 33,495.59 $ 33,495.59 $ 314,935 $ 281,440 $ 10.64 8.76 8.76 5,500 5,491 0.16 0.00 0.00 300 300 0.00 2,281.21 2,281.21 3,500 1,219 65.18 0.00 0.00 10,500 10,500 0.00 0.00 0.00 24,000 24,000 0.00 0.00 0.00 5,000 5,000 0.00 0.00 0.00 16,000 16,000 0.00 0.00 0.00 3,500 3,500 0.00 0.00 0.00 3,500 3,500 0.00 0.00 0.00 2,500 2,500 0.00 0.00 0.00 1,000 1,000 0.00 $ 2,289.97 $ 2,289.97 $ 75,300 $ 73,010 $ 3.04 $ 35,785.56 $ 35,785.56 $ 390,235 $ 354,450 $ 9.17 160 Page: 7 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6100 Medicare 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7004 Insurance 7009 Contracted Services 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment 7302 Travel & Subsistence 7303 Education & Training 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Community Development For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 8,679.48 8,679.48 163,233 154,554 5.32 235.44 235.44 2,501 2,266 9.41 66.23 66.23 1,431 1,365 4.63 1,546.84 1,546.84 18,564 17,017 8.33 1,437.09 1,437.09 8,946 7,509 16.06 7,606.08 7,606.08 93,240 85,634 8.16 $ 19,571.16 $ 19,571.16 $ 287,915 $ 268,345 $ 6.80 8.76 8.76 3,200 3,191 0.27 0.00 0.00 500 500 0.00 1,604.47 1,604.47 3,400 1,796 47.19 0.00 0.00 4,000 4,000 0.00 0.00 0.00 2,700 2,700 0.00 0.00 0.00 2,000 2,000 0.00 0.00 0.00 2,500 2,500 0.00 0.00 0.00 8,000 8,000 0.00 0.00 0.00 3,000 3,000 0.00 0.00 0.00 500 500 0.00 $ 1,613.23 $ 1,613.23 $ 29,800 $ 28,187 $ 5.41 $ 21,184.39 $ 21,184.39 $ 317,715 $ 296,532 $ 6.67 161 Page: 8 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 9 General Fund Finance g For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 30,703.60 30,703.60 482,699 451,995 6.36 6001 Overtime 147.48 147.48 4,064 3,917 3.63 6100 Medicare 464.47 464.47 7,889 7,425 5.89 6102 Workers' Compensation 214.92 214.92 4,228 4,013 5.08 6200 Leave Time 6,530.93 6,530.93 47,953 41,422 13.62 6201 Retirement Benefits 5,423.86 5,423.86 26,103 20,679 20.78 6202 Health Insurance 19,909.75 19,909.75 266,400 246,490 7.47 Total Personnel Costs: $ 63,395.01 $ 63,395.01 $ 839,336 $ 775,941 $ 7.55 Non -Personnel Costs: 7001 Communications 44.04 44.04 9,750 9,706 0.45 7002 Postage and Freight 0.00 0.00 2,100 2,100 0.00 7004Insurance 5,396.48 5,396.48 12,000 6,604 44.97 7009 Contracted Services 0.00 0.00 9,500 9,500 0.00 7011 Testing 0.00 0.00 300 300 0.00 7215 Operating Supplies 1,588.89 1,588.89 25,000 23,411 6.36 7216 Maintenance & Repair 0.00 0.00 19,000 19,000 0.00 7217 Small Tools & Equipment 0.00 0.00 5,000 5,000 0.00 7300 Advertising 0.00 0.00 2,500 2,500 0.00 7301 Subscriptions & Dues 0.00 0.00 2,500 2,500 0.00 7302 Travel & Subsistence 0.00 0.00 11,000 11,000 0.00 7303 Education & Training 0.00 0.00 5,000 5,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8103 Capital Equipment 0.00 0.00 5,000 5,000 0.00 Total Non -Personnel Costs: $ 7,029.41 $ 7,029.41 $ 109,650 $ 102,621 $ 6.41 Total Expenditures $ 70,424.42 $ 70,424.42 $ 948,986 $ 878,562 $ 7.42 162 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6101 Unemployment Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7003 Bank and Credit Card Fees 7004 Insurance 7009 Contracted Services 7010 Engineering 7215 Operating Supplies 7216 Maintenance & Repair 7300 Advertising 7301 Subscriptions & Dues 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund General Services For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 0.00 0.00 10,000 10,000 0.00 $ 0.00 $ 0.00 $ 10,000 $ 10,000 $ 0.00 328.54 328.54 2,000 1,671 16.43 1,460.00 1,460.00 4,800 3,340 30.42 0.00 0.00 25,000 25,000 0.00 266.50 266.50 1,500 1,234 17.77 1,680.50 1,680.50 15,000 13,320 11.20 0.00 0.00 25,000 25,000 0.00 188.70 188.70 3,000 2,811 6.29 45.00 45.00 2,000 1,955 2.25 178.40 178.40 0 (178) 0.00 0.00 0.00 1,200 1,200 0.00 0.00 0.00 10,000 10,000 0.00 $ 4,147.64 $ 4,147.64 $ 89,500 $ 85,353 $ 4.63 $ 4,147.64 $ 4,147.64 $ 99,500 $ 95,353 $ 4.17 163 Page: 10 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 11 General Fund General Services - Copier For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non -Personnel Costs: 7215 Operating Supplies 0.00 0.00 1,700 1,700 0.00 7304 Equipment Rent 0.00 0.00 7,000 7,000 0.00 Total Non -Personnel Costs: $ 0.00 $ 0.00 $ 8,700 $ 8,700 $ 0.00 Total Expenditures $ 0.00 $ 0.00 $ 8,700 $ 8,700 $ 0.00 164 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 12 General Fund Contributions For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7801 Contributions to Chamber 7802 Contributions to Senior Citizens 7803 Contributions to B&G Club Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 147,918.50 147,918.50 278,032 130,114 53.20 80,000.00 80,000.00 80,000 0 100.00 0.00 0.00 25,000 25,000 0.00 $ 227,918.50 $ 227,918.50 $ 383,032 $ 155,114 $ 59.50 $ 227,918.50 $ 227,918.50 $ 383,032 $ 155,114 $ 59.50 165 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 13 General Fund Police g For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 81,460.95 81,460.95 1,115,537 1,034,076 7.30 6001 Overtime 7,424.35 7,424.35 97,755 90,331 7.59 6100 Medicare 1,338.82 1,338.82 25,685 24,346 5.21 6102 Workers' Compensation 4,927.64 4,927.64 75,513 70,585 6.53 6200 Leave Time 13,798.48 13,798.48 122,372 108,574 11.28 6201 Retirement Benefits 10,531.92 10,531.92 66,145 55,613 15.92 6202 Health Insurance 56,332.77 56,332.77 599,400 543,067 9.40 Total Personnel Costs: $ 175,814.93 $ 175,814.93 $ 2,102,407 $ 1,926,592 $ 8.36 Non -Personnel Costs: 7001 Communications 392.90 392.90 20,000 19,607 1.96 7002 Postage and Freight 150.00 150.00 2,000 1,850 7.50 7003 Bank and Credit Card Fees 0.00 0.00 6,100 6,100 0.00 7004Insurance 47,425.51 47,425.51 80,000 32,574 59.28 7009 Contracted Services 2,514.75 2,514.75 5,000 2,485 50.30 7012 Other Special Services 0.00 0.00 3,300 3,300 0.00 7211Gas &Lube 1,175.96 1,175.96 19,000 17,824 6.19 7212 Uniform Allowance 107.95 107.95 5,000 4,892 2.16 7213 Safety Equipment 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 0.00 0.00 14,500 14,500 0.00 7216 Maintenance & Repair 115.48 115.48 20,000 19,885 0.58 7217 Small Tools & Equipment 0.00 0.00 6,000 6,000 0.00 7300 Advertising 0.00 0.00 2,000 2,000 0.00 7301 Subscriptions & Dues 0.00 0.00 6,000 6,000 0.00 7302 Travel & Subsistence 0.00 0.00 20,000 20,000 0.00 7303 Education & Training 50.00 50.00 25,000 24,950 0.20 7304 Equipment Rent 0.00 0.00 2,500 2,500 0.00 7810 Miscellaneous Expense 0.00 0.00 3,500 3,500 0.00 8104 Motor Pool Rent 0.00 0.00 50,000 50,000 0.00 Total Non -Personnel Costs: $ 51,932.55 $ 51,932.55 $ 291,900 $ 239,967 $ 17.79 Total Expenditures $ 227,747.48 $ 227,747.48 $ 2,394,307 $ 2,166,559 $ 9.51 166 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 14 General Fund Jail g For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 16,072.72 16,072.72 308,295 292,222 5.21 6001 Overtime 2,557.66 2,557.66 45,952 43,394 5.57 6100 Medicare 478.06 478.06 5,363 4,885 8.91 6102 Workers' Compensation 1,451.84 1,451.84 33,998 32,546 4.27 6200 Leave Time 2,544.28 2,544.28 31,172 28,628 8.16 6201 Retirement Benefits 2,175.20 2,175.20 19,194 17,019 11.33 6202 Health Insurance 11,732.41 11,732.41 199,800 188,068 5.87 Total Personnel Costs: $ 37,012.17 $ 37,012.17 $ 643,774 $ 606,762 $ 5.75 Non -Personnel Costs: 7001 Communications 258.71 258.71 4,500 4,241 5.75 7002 Postage and Freight 0.00 0.00 1,000 1,000 0.00 7004Insurance 14,143.71 14,143.71 23,000 8,856 61.49 7009 Contracted Services 0.00 0.00 2,000 2,000 0.00 7011 Testing 0.00 0.00 200 200 0.00 7017 Rents & Leases 0.00 0.00 30,000 30,000 0.00 7212 Uniform Allowance 0.00 0.00 2,500 2,500 0.00 7214 Janitorial Supplies 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 0.00 0.00 6,500 6,500 0.00 7216 Maintenance & Repair 0.00 0.00 3,000 3,000 0.00 7217 Small Tools & Equipment 0.00 0.00 2,000 2,000 0.00 7218 Inmate Meals 800.78 800.78 9,000 8,199 8.90 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 1,000 1,000 0.00 7302 Travel & Subsistence 0.00 0.00 2,000 2,000 0.00 7303 Education & Training 0.00 0.00 2,000 2,000 0.00 7307 GF Administrative Fee 0.00 0.00 112,537 112,537 0.00 7810 Miscellaneous Expense 0.00 0.00 1,200 1,200 0.00 Total Non -Personnel Costs: $ 15,203.20 $ 15,203.20 $ 205,437 $ 190,233 $ 7.40 Total Expenditures $ 52,215.37 $ 52,215.37 $ 849,211 $ 796,995 $ 6.15 167 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 15 General Fund Animal Control For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 5,760.42 5,760.42 79,575 73,815 7.24 6001 Overtime 162.07 162.07 0 (162) 0.00 6100 Medicare 93.31 93.31 1,219 1,126 7.65 6102 Workers' Compensation 265.36 265.36 8,065 7,800 3.29 6200 Leave Time 2,995.03 2,995.03 9,045 6,050 33.11 6201 Retirement Benefits 1,077.39 1,077.39 4,365 3,288 24.68 6202 Health Insurance 1,568.45 1,568.45 33,300 31,732 4.71 Total Personnel Costs: $ 11,922.03 $ 11,922.03 $ 135,569 $ 123,649 $ 8.79 Non -Personnel Costs: 7001 Communications 0.00 0.00 1,200 1,200 0.00 7002 Postage and Freight 0.00 0.00 500 500 0.00 7004Insurance 955.98 955.98 1,000 44 95.60 7015 Utilities 504.60 504.60 6,000 5,495 8.41 7211 Gas & Lube 0.00 0.00 1,000 1,000 0.00 7212 Uniform Allowance 90.00 90.00 1,200 1,110 7.50 7215 Operating Supplies 256.69 256.69 5,000 4,743 5.13 7216 Maintenance & Repair 0.00 0.00 4,000 4,000 0.00 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 500 500 0.00 7302 Travel & Subsistence 0.00 0.00 2,500 2,500 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 0.00 1,200 1,200 0.00 Total Non -Personnel Costs: $ 1,807.27 $ 1,807.27 $ 27,600 $ 25,792 $ 6.55 Total Expenditures $ 13,729.30 $ 13,729.30 $ 163,169 $ 149,441 $ 8.41 168 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 16 General Fund Fire Department For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 16,465.36 16,465.36 190,378 173,913 8.65 6100 Medicare 243.34 243.34 2,927 2,684 8.31 6102 Workers' Compensation 1,215.28 1,215.28 17,916 16,701 6.78 6200 Leave Time 3,038.95 3,038.95 23,287 20,248 13.05 6201 Retirement Benefits 2,416.23 2,416.23 10,478 8,062 23.06 6202 Health Insurance 11,658.89 11,658.89 91,575 79,916 12.73 Total Personnel Costs: $ 35,038.05 $ 35,038.05 $ 336,561 $ 301,524 $ 10.41 Non -Personnel Costs: 7001 Communications 23.05 23.05 9,000 8,977 0.26 7002 Postage and Freight 40.49 40.49 1,622 1,582 2.50 7004Insurance 13,277.19 13,277.19 30,784 17,507 43.13 7009 Contracted Services 0.00 0.00 4,324 4,324 0.00 7011 Testing 0.00 0.00 104 104 0.00 7015 Utilities 11,463.33 11,463.33 149,244 137,781 7.68 7016 Heating Fuel 0.00 0.00 9,193 9,193 0.00 7210 Vehicle Supplies 0.00 0.00 4,324 4,324 0.00 7211 Gas & Lube 25.98 25.98 9,739 9,713 0.27 7212 Uniform Allowance 0.00 0.00 500 500 0.00 7213 Safety Equipment 2,737.00 2,737.00 2,100 (637) 130.33 7215 Operating Supplies 0.00 0.00 7,038 7,038 0.00 7216 Maintenance & Repair 0.00 0.00 13,520 13,520 0.00 7217 Small Tools & Equipment 0.00 0.00 7,038 7,038 0.00 7300 Advertising 0.00 0.00 324 324 0.00 7301 Subscriptions & Dues 0.00 0.00 1,500 1,500 0.00 7302 Travel & Subsistence 0.00 0.00 6,570 6,570 0.00 7303 Education & Training 0.00 0.00 1,701 1,701 0.00 7304 Equipment Rent 0.00 0.00 1,623 1,623 0.00 8104 Motor Pool Rent 0.00 0.00 60,000 60,000 0.00 Total Non -Personnel Costs: $ 27,567.04 $ 27,567.04 $ 320,248 $ 292,682 $ 8.61 Total Expenditures $ 62,605.09 $ 62,605.09 $ 656,809 $ 594,206 $ 9.53 169 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 17 General Fund Volunteers For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6102 Workers' Compensation 0.00 0.00 4,680 4,680 0.00 Total Personnel Costs: $ 0.00 $ 0.00 $ 4,680 $ 4,680 $ 0.00 Non -Personnel Costs: 7001 Communications 0.00 0.00 104 104 0.00 7002 Postage and Freight 0.00 0.00 869 869 0.00 7212 Uniform Allowance 0.00 0.00 1,519 1,519 0.00 7215 Operating Supplies 0.00 0.00 3,246 3,246 0.00 7216 Maintenance & Repair 39.80 39.80 2,869 2,829 1.39 7217 Small Tools & Equipment 160.17 160.17 18,374 18,214 0.87 7302 Travel & Subsistence 0.00 0.00 4,324 4,324 0.00 7303 Education & Training 0.00 0.00 3,869 3,869 0.00 7806 Volunteer Fireman Stipend 10,500.00 10,500.00 38,000 27,500 27.63 Total Non -Personnel Costs: $ 10,699.97 $ 10,699.97 $ 73,174 $ 62,474 $ 14.62 Total Expenditures $ 10,699.97 $ 10,699.97 $ 77,854 $ 67,154 $ 13.74 170 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 18 General Fund Emergency Preparedness For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non -Personnel Costs: 7001 Communications 0.00 0.00 2,168 2,168 0.00 7002 Postage and Freight 0.00 0.00 104 104 0.00 7009 Contracted Services 5,800.00 5,800.00 4,800 (1,000) 120.83 7015 Utilities 799.36 799.36 2,168 1,369 36.87 7215 Operating Supplies 0.00 0.00 3,000 3,000 0.00 7216 Maintenance & Repair 0.00 0.00 220 220 0.00 7217 Small Tools & Equipment 0.00 0.00 649 649 0.00 7302 Travel & Subsistence 0.00 0.00 577 577 0.00 7303 Education & Training 0.00 0.00 1,077 1,077 0.00 Total Non -Personnel Costs: $ 6,599.36 $ 6,599.36 $ 14,763 $ 8,164 $ 44.70 Total Expenditures $ 6,599.36 $ 6,599.36 $ 14,763 $ 8,164 $ 44.70 171 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 19 General Fund SVAC g For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7002 Postage and Freight 7004 Insurance 7012 Other Special Services 7211 Gas & Lube 7216 Maintenance & Repair Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 0.00 0.00 168 168 0.00 2,164.50 2,164.50 3,674 1,510 58.91 0.00 0.00 20,000 20,000 0.00 0.00 0.00 3,246 3,246 0.00 0.00 0.00 2,324 2,324 0.00 $ 2,164.50 $ 2,164.50 $ 29,412 $ 27,248 $ 7.36 $ 2,164.50 $ 2,164.50 $ 29,412 $ 27,248 $ 7.36 172 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6100 Medicare 6102 Workers' Compensation 6200 Leave Time 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7001 Communications 7002 Postage and Freight 7004 Insurance 7211 Gas & Lube 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment 7301 Subscriptions & Dues 7302 Travel & Subsistence 7303 Education & Training 7304 Equipment Rent 8104 Motor Pool Rent Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Building Inspection For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 11,388.68 11,388.68 91,283 79,894 12.48 190.71 190.71 1,394 1,203 13.68 479.94 479.94 798 318 60.14 842.76 842.76 9,462 8,619 8.91 1,190.85 1,190.85 4,990 3,799 23.86 10,567.30 10,567.30 41,625 31,058 25.39 $ 24,660.24 $ 24,660.24 $ 149,552 $ 124,891 $ 16.49 5.03 5.03 2,601 2,596 0.19 0.00 0.00 104 104 0.00 1,093.03 1,093.03 1,519 426 71.96 35.69 35.69 545 509 6.55 0.00 0.00 1,844 1,844 0.00 0.00 0.00 364 364 0.00 0.00 0.00 2,168 2,168 0.00 0.00 0.00 324 324 0.00 0.00 0.00 2,701 2,701 0.00 0.00 0.00 817 817 0.00 0.00 0.00 2,713 2,713 0.00 0.00 0.00 4,000 4,000 0.00 $ 1,133.75 $ 1,133.75 $ 19,700 $ 18,566 $ 5.76 $ 25,793.99 $ 25,793.99 $ 169,252 $ 143,457 $ 15.24 173 Page: 20 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward General Fund Street Operations For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 3,193.82 3,193.82 160,656 157,462 1.99 6001 Overtime 589.05 589.05 2,385 1,796 24.70 6100 Medicare 52.09 52.09 2,272 2,220 2.29 6101 Unemployment Insurance 0.00 0.00 2,000 2,000 0.00 6102 Workers' Compensation 128.77 128.77 20,307 20,178 0.63 6200 Leave Time 3,878.86 3,878.86 19,608 15,729 19.78 6201 Retirement Benefits (670.72) (670.72) 10,306 10,977 (6.51) 6202 Health Insurance 2,039.91 2,039.91 91,861 89,821 2.22 Total Personnel Costs: $ 9,211.78 $ 9,211.78 $ 309,395 $ 300,183 $ 2.98 Non -Personnel Costs: 7001 Communications 12.07 12.07 1,000 988 1.21 7002 Postage and Freight 0.00 0.00 3,600 3,600 0.00 7004Insurance 13,084.23 13,084.23 22,000 8,916 59.47 7009 Contracted Services 0.00 0.00 25,000 25,000 0.00 7011 Testing 0.00 0.00 1,000 1,000 0.00 7015 Utilities 10,658.53 10,658.53 108,500 97,841 9.82 7211 Gas & Lube 169.45 169.45 28,000 27,831 0.61 7212 Uniform Allowance 0.00 0.00 850 850 0.00 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 0.00 0.00 18,500 18,500 0.00 7216 Maintenance & Repair 127.97 127.97 25,000 24,872 0.51 7217 Small Tools & Equipment 0.00 0.00 2,100 2,100 0.00 7300 Advertising 0.00 0.00 400 400 0.00 7301 Subscriptions & Dues 59.90 59.90 350 290 17.11 7302 Travel & Subsistence 0.00 0.00 1,200 1,200 0.00 7303 Education & Training 0.00 0.00 1,200 1,200 0.00 7304 Equipment Rent 0.00 0.00 1,000 1,000 0.00 7810 Miscellaneous Expense 0.00 0.00 2,000 2,000 0.00 8104 Motor Pool Rent 0.00 0.00 90,000 90,000 0.00 Total Non -Personnel Costs: $ 24,112.15 $ 24,112.15 $ 332,900 $ 308,788 $ 7.24 Total Expenditures $ 33,323.93 $ 33,323.93 $ 642,295 $ 608,971 $ 5.19 174 Page: 21 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6002 Standby Time 6100 Medicare 6102 Workers' Compensation 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7002 Postage and Freight 7009 Contracted Services 7211 Gas & Lube 7213 Safety Equipment 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment 7300 Advertising 7302 Travel & Subsistence 7303 Education & Training 7810 Miscellaneous Expense 8104 Motor Pool Rent Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Snow and Ice For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 16,285.92 16,285.92 82,273 65,987 19.79 8,959.68 8,959.68 4,530 (4,430) 197.79 912.23 912.23 6,106 5,194 14.94 387.25 387.25 1,571 1,184 24.65 2,689.46 2,689.46 12,748 10,059 21.10 4,250.38 4,250.38 3,451 (799) 123.16 13,989.72 13,989.72 52,328 38,338 26.73 $ 47,474.64 $ 47,474.64 $ 163,007 $ 115,533 $ 29.12 1,027.95 1,027.95 3,000 1,972 34.27 0.00 0.00 12,000 12,000 0.00 7,802.51 7,802.51 10,000 2,197 78.03 0.00 0.00 500 500 0.00 338.00 338.00 50,000 49,662 0.68 4,763.00 4,763.00 23,500 18,737 20.27 0.00 0.00 500 500 0.00 0.00 0.00 300 300 0.00 0.00 0.00 750 750 0.00 0.00 0.00 250 250 0.00 0.00 0.00 500 500 0.00 0.00 0.00 35,000 35,000 0.00 $ 13,931.46 $ 13,931.46 $ 136,300 $ 122,368 $ 10.22 $ 61,406.10 $ 61,406.10 $ 299,307 $ 237,901 $ 20.52 175 Page: 22 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 23 General Fund City Shop For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 8,275.47 8,275.47 69,932 61,657 11.83 6001 Overtime 2,249.52 2,249.52 2,472 222 91.00 6002 Standby Time 346.08 346.08 1,987 1,641 17.42 6100 Medicare 159.04 159.04 1,130 971 14.07 6102 Workers' Compensation 561.71 561.71 7,387 6,825 7.60 6200 Leave Time 628.31 628.31 7,910 7,282 7.94 6201 Retirement Benefits 560.82 560.82 4,046 3,485 13.86 6202 Health Insurance 4,293.65 4,293.65 36,630 32,336 11.72 Total Personnel Costs: $ 17,074.60 $ 17,074.60 $ 131,494 $ 114,419 $ 12.99 Non -Personnel Costs: 7001 Communications 62.40 62.40 8,000 7,938 0.78 7002 Postage and Freight 0.00 0.00 1,500 1,500 0.00 7004Insurance 3,537.51 3,537.51 6,500 2,962 54.42 7009 Contracted Services 188.91 188.91 2,000 1,811 9.45 7015 Utilities 3,678.55 3,678.55 33,000 29,321 11.15 7016 Heating Fuel 0.00 0.00 17,000 17,000 0.00 7211 Gas & Lube 117.18 117.18 7,600 7,483 1.54 7213 Safety Equipment 0.00 0.00 1,500 1,500 0.00 7215 Operating Supplies 754.71 754.71 28,000 27,245 2.70 7216 Maintenance & Repair 4,373.80 4,373.80 4,900 526 89.26 7217 Small Tools & Equipment 245.98 245.98 7,300 7,054 3.37 7301 Subscriptions & Dues 139.00 139.00 2,000 1,861 6.95 7302 Travel & Subsistence 0.00 0.00 1,000 1,000 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8104 Motor Pool Rent 0.00 0.00 8,000 8,000 0.00 Total Non -Personnel Costs: $ 13,098.04 $ 13,098.04 $ 129,800 $ 116,701 $ 10.09 Total Expenditures $ 30,172.64 $ 30,172.64 $ 261,294 $ 231,120 $ 11.55 176 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 24 General Fund City Hall For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 3,586.80 3,586.80 42,290 38,703 8.48 6001 Overtime 80.08 80.08 0 (80) 0.00 6100 Medicare 50.53 50.53 650 599 7.77 6102 Workers' Compensation 384.67 384.67 6,073 5,688 6.33 6200 Leave Time 394.60 394.60 5,124 4,729 7.70 6201 Retirement Benefits 418.69 418.69 2,328 1,909 17.98 6202 Health Insurance 1,390.97 1,390.97 33,300 31,909 4.18 Total Personnel Costs: $ 6,306.34 $ 6,306.34 $ 89,765 $ 83,457 $ 7.03 Non -Personnel Costs: 7001 Communications 0.00 0.00 800 800 0.00 7002 Postage and Freight 0.00 0.00 200 200 0.00 7004Insurance 5,826.76 5,826.76 8,500 2,673 68.55 7009 Contracted Services 133.86 133.86 10,000 9,866 1.34 7015 Utilities 6,355.41 6,355.41 66,000 59,645 9.63 7016 Heating Fuel 0.00 0.00 13,000 13,000 0.00 7211 Gas & Lube 31.45 31.45 800 769 3.93 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 0.00 6,000 6,000 0.00 7216 Maintenance & Repair 0.00 0.00 6,000 6,000 0.00 7217 Small Tools & Equipment 0.00 0.00 500 500 0.00 7302 Travel & Subsistence 0.00 0.00 600 600 0.00 7303 Education & Training 0.00 0.00 100 100 0.00 7810 Miscellaneous Expense 0.00 0.00 250 250 0.00 Total Non -Personnel Costs: $ 12,347.48 $ 12,347.48 $ 113,300 $ 100,953 $ 10.90 Total Expenditures $ 18,653.82 $ 18,653.82 $ 203,065 $ 184,410 $ 9.19 177 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 25 General Fund Community Center Building For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7015 Utilities 7016 Heating Fuel 7215 Operating Supplies 7216 Maintenance & Repair 7810 Miscellaneous Expense Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 2,794.59 2,794.59 3,400 605 82.19 0.00 0.00 3,000 3,000 0.00 1,220.60 1,220.60 12,000 10,779 10.17 0.00 0.00 4,500 4,500 0.00 0.00 0.00 800 800 0.00 0.00 0.00 4,000 4,000 0.00 0.00 0.00 250 250 0.00 $ 4,015.19 $ 4,015.19 $ 27,950 $ 23,934 $ 14.37 $ 4,015.19 $ 4,015.19 $ 27,950 $ 23,934 $ 14.37 178 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 26 General Fund City Hall Annex For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7015 Utilities 7016 Heating Fuel 7213 Safety Equipment 7215 Operating Supplies 7216 Maintenance & Repair Total Non -Personnel Costs: Total Expenditures $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 1,724.62 1,724.62 2,500 775 68.98 36.24 36.24 5,000 4,964 0.72 975.69 975.69 12,000 11,024 8.13 0.00 0.00 5,000 5,000 0.00 0.00 0.00 250 250 0.00 0.00 0.00 1,000 1,000 0.00 0.00 0.00 2,000 2,000 0.00 $ 2,736.55 $ 2,736.55 $ 27,750 $ 25,013 $ 9.86 $ 2,736.55 $ 2,736.55 $ 27,750 $ 25,013 $ 9.86 179 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 27 General Fund Parks & Rec - Administration For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 10,543.60 10,543.60 89,307 78,763 11.81 6100 Medicare 152.86 152.86 1,378 1,225 11.09 6102 Workers' Compensation 70.85 70.85 785 714 9.03 6200 Leave Time 1,051.01 1,051.01 11,473 10,422 9.16 6201 Retirement Benefits 1,735.02 1,735.02 4,910 3,175 35.34 6202 Health Insurance 4,225.50 4,225.50 41,625 37,400 10.15 Total Personnel Costs: $ 17,778.84 $ 17,778.84 $ 149,478 $ 131,699 $ 11.89 Non -Personnel Costs: 7001 Communications 27.20 27.20 6,500 6,473 0.42 7002 Postage and Freight 0.00 0.00 900 900 0.00 7004 Insurance 1,384.19 1,384.19 2,000 616 69.21 7009 Contracted Services 0.00 0.00 500 500 0.00 7011 Testing 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 0.00 6,000 6,000 0.00 7216 Maintenance & Repair 0.00 0.00 250 250 0.00 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 500 500 0.00 7302 Travel & Subsistence 0.00 0.00 1,750 1,750 0.00 7303 Education & Training 0.00 0.00 1,000 1,000 0.00 7810 Miscellaneous Expense 0.00 0.00 300 300 0.00 Total Non -Personnel Costs: $ 1,411.39 $ 1,411.39 $ 22,450 $ 21,039 $ 6.29 Total Expenditures $ 19,190.23 $ 19,190.23 $ 171,928 $ 152,738 $ 11.16 180 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 28 General Fund Parks & Rec - Parks Maintenance For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 11,246.55 11,246.55 120,565 109,318 9.33 6001 Overtime 562.72 562.72 10,629 10,066 5.29 6100 Medicare 784.15 784.15 7,271 6,487 10.78 6101 Unemployment Insurance 0.00 0.00 1,800 1,800 0.00 6102 Workers' Compensation 983.65 983.65 13,107 12,123 7.50 6200 Leave Time (10,538.37) (10,538.37) 0 10,538 0.00 6201 Retirement Benefits 700.90 700.90 2,337 1,636 29.99 6202 Health Insurance 4,557.75 4,557.75 29,970 25,412 15.21 Total Personnel Costs: $ 8,297.35 $ 8,297.35 $ 185,679 $ 177,380 $ 4.47 Non -Personnel Costs: 7001 Communications 0.00 0.00 1,000 1,000 0.00 7002 Postage and Freight 0.00 0.00 700 700 0.00 7004Insurance 6,515.22 6,515.22 9,600 3,085 67.87 7009 Contracted Services 1,360.00 1,360.00 5,000 3,640 27.20 7010 Engineering 0.00 0.00 15,000 15,000 0.00 7011 Testing 0.00 0.00 1,400 1,400 0.00 7015 Utilities 1,106.51 1,106.51 22,145 21,038 5.00 7016 Heating Fuel 0.00 0.00 1,200 1,200 0.00 7017 Rents & Leases 0.00 0.00 2,500 2,500 0.00 7210 Vehicle Supplies 28.38 28.38 2,000 1,972 1.42 7211 Gas & Lube 964.88 964.88 8,000 7,035 12.06 7212 Uniform Allowance 0.00 0.00 700 700 0.00 7213 Safety Equipment 0.00 0.00 1,400 1,400 0.00 7214 Janitorial Supplies 0.00 0.00 2,300 2,300 0.00 7215 Operating Supplies 0.00 0.00 13,000 13,000 0.00 7216 Maintenance & Repair 52.79 52.79 21,000 20,947 0.25 7217 Small Tools & Equipment 0.00 0.00 6,000 6,000 0.00 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions & Dues 0.00 0.00 400 400 0.00 7302 Travel & Subsistence 110.98 110.98 900 789 12.33 7303 Education & Training 0.00 0.00 1,000 1,000 0.00 7304 Equipment Rent 0.00 0.00 2,000 2,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8104 Motor Pool Rent 0.00 0.00 12,000 12,000 0.00 Total Non -Personnel Costs: $ 10,138.76 $ 10,138.76 $ 131,245 $ 121,106 $ 7.73 Total Expenditures $ 18,436.11 $ 18,436.11 $ 316,924 $ 298,486 $ 5.82 181 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward General Fund Parks & Rec - Campgrounds For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 4,171.02 4,171.02 144,326 140,155 2.89 6001 Overtime 35.33 35.33 10,912 10,877 0.32 6100 Medicare 163.77 163.77 7,672 7,508 2.13 6101 Unemployment Insurance 0.00 0.00 600 600 0.00 6102 Workers' Compensation 346.90 346.90 14,387 14,040 2.41 6200 Leave Time 11,269.44 11,269.44 7,253 (4,016) 155.38 6201 Retirement Benefits 460.10 460.10 3,738 3,278 12.31 6202 Health Insurance 1,591.53 1,591.53 48,285 46,693 3.30 Total Personnel Costs: $ 18,038.09 $ 18,038.09 $ 237,173 $ 219,135 $ 7.61 Non -Personnel Costs: 7001 Communications 399.09 399.09 5,500 5,101 7.26 7002 Postage and Freight 0.00 0.00 1,300 1,300 0.00 7003 Bank and Credit Card Fees 0.00 0.00 19,500 19,500 0.00 7004 Insurance 1,465.74 1,465.74 2,500 1,034 58.63 7009 Contracted Services 1,360.00 1,360.00 50,000 48,640 2.72 7011 Testing 0.00 0.00 950 950 0.00 7015 Utilities 904.38 904.38 128,750 127,846 0.70 7016 Heating Fuel 0.00 0.00 300 300 0.00 7210 Vehicle Supplies 0.00 0.00 1,200 1,200 0.00 7211 Gas & Lube 11.61 11.61 5,900 5,888 0.20 7212 Uniform Allowance 0.00 0.00 1,000 1,000 0.00 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7214 Janitorial Supplies 0.00 0.00 8,500 8,500 0.00 7215 Operating Supplies 438.48 438.48 21,000 20,562 2.09 7216 Maintenance & Repair 0.00 0.00 19,000 19,000 0.00 7217 Small Tools & Equipment 877.33 877.33 5,000 4,123 17.55 7300 Advertising 0.00 0.00 2,550 2,550 0.00 7301 Subscriptions & Dues 0.00 0.00 4,500 4,500 0.00 7302 Travel & Subsistence 0.00 0.00 2,000 2,000 0.00 7303 Education & Training 0.00 0.00 2,000 2,000 0.00 7304 Equipment Rent 0.00 0.00 15,000 15,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,500 1,500 0.00 8104 Motor Pool Rent 0.00 0.00 9,500 9,500 0.00 Total Non -Personnel Costs: $ 5,456.63 $ 5,456.63 $ 308,650 $ 303,194 $ 1.77 Total Expenditures $ 23,494.72 $ 23,494.72 $ 545,823 $ 522,329 $ 4.30 182 Page: 29 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6000 Salaries 6001 Overtime 6100 Medicare 6102 Workers' Compensation 6201 Retirement Benefits 6202 Health Insurance Total Personnel Costs: Non -Personnel Costs: 7004 Insurance 7009 Contracted Services 7215 Operating Supplies 7216 Maintenance & Repair 7217 Small Tools & Equipment Total Non -Personnel Costs: Total Expenditures Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Parks & Rec - Cemetery For 1/31/2021 Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 0.00 0.00 4,714 4,714 0.00 0.00 0.00 283 283 0.00 0.00 0.00 72 72 0.00 0.00 0.00 544 544 0.00 0.00 0.00 262 262 0.00 0.00 0.00 3,330 3,330 0.00 $ 0.00 $ 0.00 $ 9,205 $ 9,205 $ 0.00 22.07 22.07 150 128 14.71 0.00 0.00 5,000 5,000 0.00 0.00 0.00 5,000 5,000 0.00 0.00 0.00 8,000 8,000 0.00 0.00 0.00 5,000 5,000 0.00 $ 22.07 $ 22.07 $ 23,150 $ 23,128 $ 0.10 $ 22.07 $ 22.07 $ 32,355 $ 32,333 $ 0.07 183 Page: 30 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward General Fund Parks & Rec - Sports & Recreation For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 6,386.83 6,386.83 90,166 83,779 7.08 6001 Overtime 212.92 212.92 3,245 3,032 6.56 6100 Medicare 96.26 96.26 2,792 2,696 3.45 6101 Unemployment Insurance 0.00 0.00 1,000 1,000 0.00 6102 Workers' Compensation 311.66 311.66 6,046 5,734 5.15 6200 Leave Time 728.19 728.19 5,041 4,313 14.45 6201 Retirement Benefits 1,333.21 1,333.21 3,803 2,470 35.06 6202 Health Insurance 2,996.75 2,996.75 61,605 58,608 4.86 Total Personnel Costs: $ 12,065.82 $ 12,065.82 $ 173,698 $ 161,632 $ 6.95 Non -Personnel Costs: 7001 Communications 0.00 0.00 4,000 4,000 0.00 7002 Postage and Freight 0.00 0.00 1,500 1,500 0.00 7003 Bank and Credit Card Fees 0.00 0.00 2,000 2,000 0.00 7004Insurance 909.17 909.17 2,500 1,591 36.37 7009 Contracted Services 0.00 0.00 23,000 23,000 0.00 7011 Testing 0.00 0.00 500 500 0.00 7017 Rents & Leases 0.00 0.00 70,000 70,000 0.00 7211 Gas & Lube 56.57 56.57 300 243 18.86 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 0.00 0.00 28,000 28,000 0.00 7216 Maintenance & Repair 0.00 0.00 650 650 0.00 7217 Small Tools & Equipment 0.00 0.00 1,300 1,300 0.00 7300 Advertising 0.00 0.00 1,200 1,200 0.00 7301 Subscriptions & Dues 0.00 0.00 600 600 0.00 7302 Travel & Subsistence 0.00 0.00 1,500 1,500 0.00 7303 Education & Training 0.00 0.00 1,500 1,500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.04 0.04 0 0 0.00 Total Non -Personnel Costs: $ 965.78 $ 965.78 $ 140,550 $ 139,584 $ 0.69 Total Expenditures $ 13,031.60 $ 13,031.60 $ 314,248 $ 301,216 $ 4.15 184 Page: 31 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 32 General Fund Parks & Rec - TYC For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 0.00 116,090 116,090 0.00 6001 Overtime 0.00 0.00 3,305 3,305 0.00 6100 Medicare 0.00 0.00 5,944 5,944 0.00 6101 Unemployment Insurance 0.00 0.00 1,500 1,500 0.00 6102 Workers' Compensation 0.00 0.00 6,932 6,932 0.00 6200 Leave Time 0.00 0.00 6,089 6,089 0.00 6201 Retirement Benefits 0.00 0.00 2,865 2,865 0.00 6202 Health Insurance 0.00 0.00 33,300 33,300 0.00 Total Personnel Costs: $ 0.00 $ 0.00 $ 176,025 $ 176,025 $ 0.00 Non -Personnel Costs: 7001 Communications 236.30 236.30 6,650 6,414 3.55 7002 Postage and Freight 0.00 0.00 700 700 0.00 7004Insurance 802.81 802.81 3,400 2,597 23.61 7009 Contracted Services 340.00 340.00 20,400 20,060 1.67 7011 Testing 0.00 0.00 1,200 1,200 0.00 7211 Gas & Lube 0.00 0.00 1,500 1,500 0.00 7212 Uniform Allowance 0.00 0.00 500 500 0.00 7213 Safety Equipment 0.00 0.00 1,800 1,800 0.00 7214 Janitorial Supplies 0.00 0.00 700 700 0.00 7215 Operating Supplies 0.00 0.00 19,750 19,750 0.00 7216 Maintenance & Repair 0.00 0.00 2,000 2,000 0.00 7217 Small Tools & Equipment 0.00 0.00 1,500 1,500 0.00 7300Advertising 0.00 0.00 1,100 1,100 0.00 7301 Subscriptions & Dues 0.00 0.00 300 300 0.00 7302 Travel & Subsistence 0.00 0.00 1,500 1,500 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 8104 Motor Pool Rent 0.00 0.00 12,000 12,000 0.00 Total Non -Personnel Costs: $ 1,379.11 $ 1,379.11 $ 75,500 $ 74,121 $ 1.83 Total Expenditures $ 1,379.11 $ 1,379.11 $ 251,525 $ 250,146 $ 0.55 185 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward Page: 33 General Fund Parks & Rec - The Rec Room For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 169.80 169.80 48,006 47,836 0.35 6001 Overtime 0.00 0.00 687 687 0.00 6100 Medicare 2.49 2.49 831 829 0.30 6102 Workers' Compensation 14.60 14.60 2,474 2,459 0.59 6200 Leave Time 0.00 0.00 3,717 3,717 0.00 6201 Retirement Benefits 37.83 37.83 2,546 2,508 1.49 6202 Health Insurance 69.30 69.30 41,625 41,556 0.17 Total Personnel Costs: $ 294.02 $ 294.02 $ 99,886 $ 99,592 $ 0.29 Non -Personnel Costs: 7004Insurance 349.58 349.58 1,200 850 29.13 7009 Contracted Services 340.00 340.00 20,000 19,660 1.70 7011 Testing 0.00 0.00 250 250 0.00 7211 Gas & Lube 0.00 0.00 100 100 0.00 7212 Uniform Allowance 0.00 0.00 150 150 0.00 7213 Safety Equipment 0.00 0.00 500 500 0.00 7214 Janitorial Supplies 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 0.00 6,200 6,200 0.00 7216 Maintenance & Repair 0.00 0.00 1,000 1,000 0.00 7300 Advertising 0.00 0.00 550 550 0.00 7301 Subscriptions & Dues 0.00 0.00 250 250 0.00 7302 Travel & Subsistence 0.00 0.00 900 900 0.00 7303 Education & Training 0.00 0.00 500 500 0.00 Total Non -Personnel Costs: $ 689.58 $ 689.58 $ 31,850 $ 31,160 $ 2.17 Total Expenditures $ 983.60 $ 983.60 $ 131,736 $ 130,752 $ 0.75 186 Monthly Budget -to -Actual Expenditure Report by Department Run: 2/17/2021 at 11:05 AM City of Seward General Fund Library/Museum For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 16,431.11 16,431.11 245,962 229,531 6.68 6100 Medicare 339.30 339.30 4,876 4,537 6.96 6102 Workers' Co mpe nsatio n 115.79 115.79 2,141 2,025 5.41 6200 Leave Time 4,772.18 4,772.18 24,056 19,284 19.84 6201 Retirement Benefits 1,888.71 1,888.71 12,436 10,547 15.19 6202 Health Insurance 7,688.38 7,688.38 129,870 122,182 5.92 Total Personnel Costs: $ 31,235.47 $ 31,235.47 $ 419,341 $ 388,106 $ 7.45 Non -Personnel Costs: 7001 Communications 42.00 42.00 13,500 13,458 0.31 7002 Postage and Freight 1,310.00 1,310.00 8,500 7,190 15.41 7004Insurance 7,560.73 7,560.73 12,000 4,439 63.01 7009 Contracted Services 40.00 40.00 72,009 71,969 0.06 7011 Testing 0.00 0.00 800 800 0.00 7012 Other Special Services 0.00 0.00 9,000 9,000 0.00 7015 Utilities 9,158.42 9,158.42 50,000 40,842 18.32 7016 Heating Fuel 0.00 0.00 12,000 12,000 0.00 7017 Rents & Leases 0.00 0.00 2,100 2,100 0.00 7201 Library Books 0.00 0.00 10,000 10,000 0.00 7202 Library Periodicals 0.00 0.00 3,000 3,000 0.00 7203 Library Standing Orders 0.00 0.00 4,000 4,000 0.00 7204 Library Non -Print 0.00 0.00 4,000 4,000 0.00 7205 Library Electronic Materials 0.00 0.00 4,500 4,500 0.00 7208 Museum Collection Supplies 0.00 0.00 1,200 1,200 0.00 7214 Janitorial Supplies 0.00 0.00 2,600 2,600 0.00 7215 Operating Supplies 0.00 0.00 12,000 12,000 0.00 7216 Maintenance & Repair 0.00 0.00 28,500 28,500 0.00 7217 Small Tools & Equipment 0.00 0.00 6,000 6,000 0.00 7300 Advertising 0.00 0.00 3,000 3,000 0.00 7301 Subscriptions & Dues 0.00 0.00 2,400 2,400 0.00 7302 Travel & Subsistence 0.00 0.00 5,500 5,500 0.00 7303 Education & Training 0.00 0.00 1,500 1,500 0.00 7304 Equipment Rent 0.00 0.00 4,000 4,000 0.00 7810 Miscellaneous Expense 0.00 0.00 500 500 0.00 Total Non -Personnel Costs: $ 18,111.15 $ 18,111.15 $ 272,609 $ 254,498 $ 6.64 Total Expenditures $ 49,346.62 $ 49,346.62 $ 691,950 $ 642,604 $ 7.13 187 Page: 34 Run: 2/17/2021 at 11:05 AM Total Expenditures Personnel Costs: 6201 Retirement Benefits Total Personnel Costs: Monthly Budget -to -Actual Expenditure Report by Department City of Seward General Fund Debt Service For 1/31/2021 Non -Personnel Costs: 8012 Debt Service Interest Expense 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Actual Y-T-D Annual Month Actual Budget Variance (Over)/Under % of Annual Budget Budget 30,580.07 30,580.07 731,058 700,478 4.18 $ 30,580.07 $ 30,580.07 $ 731,058 $ 700,478 $ 4.18 0.00 0.00 223,456 223,456 0.00 0.00 0.00 230,000 230,000 0.00 $ 0.00 $ 0.00 $ 453,456 $ 453,456 $ 0.00 $ 30,580.07 $ 30,580.07 $ 1,184,514 $ 1,153,934 $ 2.58 188 Page: 1 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM City of Seward Page: 3 Harbor Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents & Leases 96,778 96,778 398,990 (302,212) 24.26 5001 Land Lease Credits 0 0 (63,247) 63,247 0.00 5100 Transient Moorage 18,569 18,569 586,000 (567,431) 3.17 5101 Moorage 104,693 104,693 1,160,000 (1,055,307) 9.03 5102 Wharfage 0 0 48,500 (48,500) 0.00 5103 Boat Lift Fees 1,713 1,713 117,000 (115,287) 1.46 5105 Harbor Power Sales 46,857 46,857 377,000 (330,143) 12.43 5150 Shower Fees 723 723 12,000 (11,277) 6.03 5153 Fuel Pumping Fee 1,538 1,538 21,000 (19,462) 7.32 5154 Waiting List Fees 347 347 7,500 (7,154) 4.62 5155 Towing Fees 105 105 900 (795) 11.67 5156 Pumping Boats 32 32 300 (269) 10.50 5157 North Harbor Launch Fee 0 0 30,000 (30,000) 0.00 5158 South Harbor Launch Fee 0 0 20,500 (20,500) 0.00 5800 Labor & Services 8,474 8,474 5,300 3,174 159.88 5890 Collection of Doubtful Accounts 0 0 1,200 (1,200) 0.00 5899 Miscellaneous Revenue 71 71 1,500 (1,430) 4.70 5901 EF Investment Interest 0 0 20,000 (20,000) 0.00 5905 EF Penalties and Interest 648 648 16,000 (15,352) 4.05 5940 Amortization of Contributions -in -Aid 0 0 974,557 (974,557) 0.00 5941 Amortization of Bond Premiums 0 0 58,257 (58,257) 0.00 Total Revenues $ 280,548 $ 280,548 $ 3,793,257 $ (3,512,712) $ 7.40 189 Run: 2/17/2021 at 11:04 AM Monthly Budget Expenditure City of Sewarc Harbor Enterprise For 1/31/2021 Report by Fund Fund Actual Y-T-D Month Actual Variance Annual (Over)/Under % of Annual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 37,857 37,857 559,134 521,277 6.77 6001 Overtime 1,491 1,491 40,103 38,612 3.72 6002 Standby Time 1,149 1,149 12,416 11,267 9.25 6100 Medicare 613 613 10,801 10,188 5.67 6101 Unemployment Insurance 0 0 4,000 4,000 0.00 6102 Workers' Compensation 2,380 2,380 40,617 38,237 5.86 6200 Leave Time 10,873 10,873 63,551 52,678 17.11 6201 Retirement Benefits 9,320 9,320 149,198 139,878 6.25 6202 Health Insurance 22,674 22,674 340,103 317,429 6.67 Total Personnel Costs: $ 86,357 $ 86,357 $ 1,219,923 $ 1,133,566 $ 7.08 Non -Personnel Costs: 7001 Communications 313 313 13,260 12,947 2.36 7002 Postage and Freight 0 0 9,690 9,690 0.00 7003 Bank and Credit Card Fees 0 0 69,480 69,480 0.00 7004 Insurance 37,044 37,044 83,946 46,902 44.13 7006 Legal 0 0 10,200 10,200 0.00 7009 Contracted Services 2,896 2,896 96,206 93,311 3.01 7011 Testing 0 0 1,320 1,320 0.00 7015 Utilities 7,917 7,917 126,072 118,155 6.28 7016 Heating Fuel 0 0 10,200 10,200 0.00 7100 General Power for Resale 27,189 27,189 307,000 279,811 8.86 7211 Gas & Lube 1,244 1,244 18,870 17,626 6.59 7212 Uniform Allowance 0 0 1,000 1,000 0.00 7213 Safety Equipment 0 0 7,650 7,650 0.00 7214 Janitorial Supplies 0 0 11,220 11,220 0.00 7215 Operating Supplies 110 110 36,720 36,610 0.30 7216 Maintenance & Repair 1,405 1,405 53,040 51,635 2.65 7217 Small Tools & Equipment 0 0 23,850 23,850 0.00 7300Advertising 0 0 5,100 5,100 0.00 7301 Subscriptions & Dues 0 0 1,530 1,530 0.00 7302 Travel & Subsistence 0 0 10,200 10,200 0.00 7303 Education & Training 0 0 4,080 4,080 0.00 7304 Equipment Rent 0 0 2,040 2,040 0.00 7321 Harbor General Indirect Costs 0 0 517,800 517,800 0.00 7322 Harbor Admin Indirect Costs 0 0 496,381 496,381 0.00 7324 Gen Fund Indirect Costs 0 0 374,258 374,258 0.00 7325 Harbor Internal Cost Allocation 0 0 (1,142,727) (1,142,727) 0.00 7330 P.I.L.T. 0 0 191,000 191,000 0.00 7331 Reclass PILTto Transfer -Out 0 0 (191,000) (191,000) 0.00 7808 Bad Debt Expense 0 0 10,000 10,000 0.00 7810 Miscellaneous Expense 0 0 3,570 3,570 0.00 7900 Depreciation Expense 0 0 2,368,893 2,368,893 0.00 8012 Debt Service Interest Expense 0 0 110,550 110,550 0.00 8013 Amortize Deferred Loss on Bonds 0 0 23,566 23,566 0.00 8104 Motor Pool Rent 0 0 64,000 64,000 0.00 190 Page: 3 Run: 2/17/2021 at 11:04 AM 8300 Debt Service Principal Total Non -Personnel Costs: Total Expenditures Monthly Budget Expenditure Report by Fund City of Seward Harbor Enterprise Fund For 1/31/2021 Actual Y-T-D Annual Month Actual Budget 0 0 560,000 $ 78,118 $ 78,118 $ 4,288,965 $ 164,475 $ 164,475 $ 5,508,888 191 Variance (Over)/Under % of Annual Budget Budget 560,000 0.00 $ 4,210,847 $ 1.82 $ 5,344,413 $ 2.99 Page: 4 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM City of Seward Page: 4 SMIC Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents & Leases 48,668 48,668 179,745 (131,077) 27.08 5101 Moorage 5,731 5,731 14,000 (8,269) 40.93 5102 Wharfage 0 0 6,000 (6,000) 0.00 5103 Boat Lift Fees 5,412 5,412 200,000 (194,588) 2.71 5104 Storage Fees 16,255 16,255 100,000 (83,745) 16.26 5106 SMIC Power Sales 3,126 3,126 70,000 (66,874) 4.47 5109 Washdown Pad Fees 0 0 8,200 (8,200) 0.00 5110 Crane Fees 0 0 1,500 (1,500) 0.00 5153 Fuel Pumping Fee 0 0 1,000 (1,000) 0.00 5800 Labor & Services 0 0 1,500 (1,500) 0.00 5802 Equipment Rental 0 0 500 (500) 0.00 5899 Miscellaneous Revenue 0 0 1,000 (1,000) 0.00 5940 Amortization of Contributions -in -Aid 0 0 482,529 (482,529) 0.00 Total Revenues $ 79,192 $ 79,192 $ 1,065,974 $ (986,782) $ 7.43 192 Monthly Budget Expenditure Report by Fund Run: 2/17/2021 at 11:04 AM City of Seward Page: 5 SMIC Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 6,138 6,138 60,041 53,903 10.22 6001 Overtime 64 64 7,053 6,989 0.91 6100 Medicare 93 93 1,046 953 8.89 6102 Workers' Compensation 480 480 7,328 6,848 6.55 6201 Retirement Benefits 1,414 1,414 1,640 226 86.22 6202 Health Insurance 5,308 5,308 26,198 20,890 20.26 Total Personnel Costs: $ 13,497 $ 13,497 $ 103,306 $ 89,809 $ 13.07 Non -Personnel Costs: 7001 Communications 0 0 510 510 0.00 7002 Postage and Freight 0 0 5,610 5,610 0.00 7004Insurance 9,694 9,694 17,238 7,544 56.23 7006 Legal 0 0 15,300 15,300 0.00 7009 Contracted Services 3,680 3,680 30,600 26,920 12.03 7015 Utilities 1,831 1,831 17,469 15,638 10.48 7016 Heating Fuel 0 0 5,100 5,100 0.00 7100 General Power for Resale 3,238 3,238 47,000 43,762 6.89 7211Gas &Lube 0 0 8,160 8,160 0.00 7215 Operating Supplies 0 0 6,120 6,120 0.00 7216 Maintenance & Repair 54 54 36,720 36,666 0.15 7217 Small Tools & Equipment 0 0 1,530 1,530 0.00 7300 Advertising 0 0 3,060 3,060 0.00 7321 Harbor General Indirect Costs 0 0 65,308 65,308 0.00 7322 Harbor Admin Indirect Costs 0 0 62,678 62,678 0.00 7323 SMIC General Indirect Costs 0 0 137,087 137,087 0.00 7324 Gen Fund Indirect Costs 0 0 99,895 99,895 0.00 7325 Harbor Internal Cost Allocation 0 0 (137,087) (137,087) 0.00 7330 P.I.L.T. 0 0 27,136 27,136 0.00 7331 Reclass PILTto Transfer -Out 0 0 (27,136) (27,136) 0.00 7900 Depreciation Expense 0 0 806,078 806,078 0.00 Total Non -Personnel Costs: $ 18,497 $ 18,497 $ 1,228,376 $ 1,209,879 $ 1.51 Total Expenditures $ 31,994 $ 31,994 $ 1,331,682 $ 1,299,688 $ 2.40 193 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM City of Seward Page: 5 Electric Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 183,962 183,962 1,428,243 (1,244,281) 12.88 5302 Residential fuel factor 124,327 124,327 1,415,915 (1,291,588) 8.78 5303 Residential customer charge 0 0 514,725 (514,725) 0.00 5310 SG Service 82,967 82,967 891,273 (808,306) 9.31 5312 SG fuel factor 47,825 47,825 636,568 (588,743) 7.51 5313 SG Customer Charge 0 0 230,574 (230,574) 0.00 5320 LG Service 316,437 316,437 1,391,272 (1,074,835) 22.74 5322 LG fuel factor 130,110 130,110 1,851,640 (1,721,530) 7.03 5323 LG customer charge 0 0 46,901 (46,901) 0.00 5324 LG demand charge 0 0 1,455,485 (1,455,485) 0.00 5327 RES Alternate Energy 0 0 0 0 0.00 5340 Spec. Contract Energy 38,178 38,178 497,910 (459,732) 7.67 5342 Special Contract fuel factor 743 743 505,829 (505,086) 0.15 5343 Spec. Contract customer charge 0 0 1,090 (1,090) 0.00 5345 Special Contract Demand 0 0 434,000 (434,000) 0.00 5350 Harbor Fund Power Sales 20,528 20,528 285,000 (264,472) 7.20 5352 Harbor power fuel factor 13,583 13,583 112,640 (99,057) 12.06 5360 Street & Yard 6,874 6,874 71,680 (64,806) 9.59 5362 Yard Light Fuel 699 699 4,096 (3,397) 17.06 5801 Turn on Fees 1,187 1,187 20,480 (19,293) 5.80 5802 Equipment Rental 0 0 20,480 (20,480) 0.00 5803 Joint Pole Use 0 0 10,240 (10,240) 0.00 5804 Work Order Revenue 0 0 20,480 (20,480) 0.00 5890 Collection of Doubtful Accounts 0 0 800 (800) 0.00 5899 Miscellaneous Revenue 0 0 5,120 (5,120) 0.00 5901 EF Investment Interest 0 0 30,000 (30,000) 0.00 5905 EF Penalties and Interest (36) (36) 40,000 (40,036) (0.09) 5940 Amort. of CIA - General 0 0 975,887 (975,887) 0.00 5941 Amort.Bond Premium 0 0 14,000 (14,000) 0.00 Total Revenues $ 967,384 $ 967,384 $ 12,912,328 $ (11,944,944) $ 7.49 194 Run: 2/17/2021 at 11:04 AM Monthly Budget Expenditure City of Sewarc Electric Enterprise For 1/31/2021 Report by Fund Fund Actual Y-T-D Month Actual Variance Annual (Over)/Under % of Annual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 63,477 63,477 910,172 846,695 6.97 6001 Overtime 9,183 9,183 62,958 53,775 14.59 6002 Standby Time 12,130 12,130 100,626 88,496 12.05 6100 Medicare 1,438 1,438 16,345 14,907 8.80 6102 Workers' Compensation 3,537 3,537 84,001 80,464 4.21 6200 Leave Time 5,777 5,777 106,860 101,083 5.41 6201 Retirement Benefits 14,347 14,347 210,420 196,073 6.82 6202 Health Insurance 23,810 23,810 298,872 275,062 7.97 6204 Meal Allowance 1,167 1,167 7,373 6,206 15.83 6205 Electric Union Benefits 1,682 1,682 21,504 19,822 7.82 Total Personnel Costs: $ 136,548 $ 136,548 $ 1,819,131 $ 1,682,583 $ 7.51 Non -Personnel Costs: 7001 Communications 23 23 22,016 21,993 0.11 7002 Postage and Freight 0 0 19,884 19,884 0.00 7003 Bank and Credit Card Fees 0 0 92,938 92,938 0.00 7004Insurance 44,965 44,965 66,560 21,595 67.56 7006 Legal 0 0 51,080 51,080 0.00 7009 Contracted Services 5,020 5,020 389,069 384,049 1.29 7010 Engineering 411 411 65,000 64,589 0.63 7011 Testing 0 0 1,000 1,000 0.00 7012 Other Special Services 0 0 15,360 15,360 0.00 7015 Utilities 16,794 16,794 142,016 125,222 11.83 7016 Heating Fuel 0 0 18,432 18,432 0.00 7017 Rents & Leases 0 0 23,552 23,552 0.00 7101 Chugach Power Purchases 19,751 19,751 2,300,400 2,280,649 0.86 7102 Power Fuel Costs 0 0 2,982,359 2,982,359 0.00 7103 Fuel for Generators 0 0 102,400 102,400 0.00 7210 Vehicle Supplies 0 0 10,240 10,240 0.00 7211 Gas & Lube 1,664 1,664 38,912 37,248 4.28 7212 Uniform Allowance 0 0 17,000 17,000 0.00 7213 Safety Equipment 768 768 5,620 4,852 13.67 7215 Operating Supplies 3,504 3,504 187,392 183,888 1.87 7216 Maintenance & Repair 999 999 97,160 96,161 1.03 7217 Small Tools & Equipment 0 0 25,600 25,600 0.00 7300Advertising 0 0 6,144 6,144 0.00 7301 Subscriptions & Dues 19,804 19,804 37,654 17,850 52.59 7302 Travel & Subsistence 0 0 28,192 28,192 0.00 7303 Education & Training 0 0 28,672 28,672 0.00 7304 Equipment Rent 0 0 35,360 35,360 0.00 7307 GF Administrative Fee 0 0 976,185 976,185 0.00 7330 P.I.L.T. 0 0 948,131 948,131 0.00 7331 Reclass PILTto Transfer -Out 0 0 (948,131) (948,131) 0.00 7808 Bad Debt Expense 0 0 20,480 20,480 0.00 7810 Miscellaneous Expense 240 240 35,840 35,600 0.67 7900 Depreciation Expense 0 0 1,606,831 1,606,831 0.00 195 Page: 6 Monthly Budget Expenditure Report by Fund Run: 2/17/2021 at 11:04 AM City of Seward Electric Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget 8010 Utility Deposit Interest 10 10 1,229 1,219 0.78 8012 Debt Service Interest Expense 81,725 81,725 163,450 81,725 50.00 8014 Debt Service Amortization of Bond Issue Costs 0 0 20,903 20,903 0.00 8101 1 nfrastructu re 0 0 143,360 143,360 0.00 8103 Capital Equipment 0 0 56,320 56,320 0.00 8104 Motor Pool Rent 0 0 276,480 276,480 0.00 8200 Work Order Sal/Benefit credits 0 0 (70,000) (70,000) 0.00 8201 Work Order Operating Supply credits 0 0 (40,000) (40,000) 0.00 8300 Debt Service Principal 0 0 180,000 180,000 0.00 Total Non -Personnel Costs: $ 195,678 $ 195,678 $ 10,181,090 $ 9,985,412 $ 1.92 Total Expenditures $ 332,226 $ 332,226 $ 12,000,221 $ 11,667,995 $ 2.77 196 Page: 7 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM City of Seward Page: 6 Water Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 43,176 43,176 523,000 (479,824) 8.26 5310 SG Service 488 488 159,000 (158,512) 0.31 5320 LG Service 15,512 15,512 222,000 (206,488) 6.99 5330 SMIC Sales 4,898 4,898 54,200 (49,302) 9.04 5340 Spec. Contracts 1,539 1,539 180,475 (178,936) 0.85 5801 Turn on Fees 0 0 17,000 (17,000) 0.00 5806 Ship Water 203 203 94,600 (94,397) 0.21 5807 Hydrant Rentals 10,771 10,771 132,000 (121,229) 8.16 5899 Miscellaneous Revenue 0 0 10,000 (10,000) 0.00 5901 EF Investment Interest 0 0 15,000 (15,000) 0.00 5905 EF Penalties and Interest 0 0 500 (500) 0.00 5940 Amort. of CIA - General 0 0 205,000 (205,000) 0.00 Total Revenues $ 76,587 $ 76,587 $ 1,612,775 $ (1,536,188) $ 4.75 197 Monthly Budget Expenditure Report by Fund Run: 2/17/2021 at 11:04 AM City of Seward Water Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 14,331 14,331 183,519 169,188 7.81 6001 Overtime 782 782 4,726 3,944 16.55 6002 Standby Time 583 583 9,027 8,444 6.45 6100 Medicare 233 233 3,018 2,785 7.71 6102 Workers' Compensation 734 734 13,033 12,299 5.63 6200 Leave Time 2,329 2,329 21,346 19,017 10.91 6201 Retirement Benefits 3,532 3,532 45,796 42,264 7.71 6202 Health Insurance 9,942 9,942 109,224 99,282 9.10 Total Personnel Costs: $ 32,466 $ 32,466 $ 389,689 $ 357,223 $ 8.33 Non -Personnel Costs: 7001 Communications 37 37 10,000 9,963 0.37 7002 Postage and Freight 0 0 5,515 5,515 0.00 7003 Bank and Credit Card Fees 0 0 11,279 11,279 0.00 7004Insurance 12,076 12,076 11,330 (746) 106.58 7006 Legal 0 0 5,150 5,150 0.00 7009 Contracted Services 0 0 94,812 94,812 0.00 7011 Testing 595 595 11,330 10,735 5.25 7015 Utilities 15,633 15,633 266,770 251,137 5.86 7211 Gas & Lube 312 312 10,815 10,503 2.89 7213 Safety Equipment 0 0 3,090 3,090 0.00 7215 Operating Supplies 30 30 45,835 45,806 0.06 7216 Maintenance & Repair 18 18 30,750 30,732 0.06 7217 Small Tools & Equipment 0 0 6,695 6,695 0.00 7300 Advertising 0 0 1,030 1,030 0.00 7301 Subscriptions & Dues 726 726 1,751 1,025 41.46 7302 Travel & Subsistence 0 0 5,768 5,768 0.00 7303 Education & Training 0 0 5,768 5,768 0.00 7304 Equipment Rent 0 0 8,240 8,240 0.00 7307 GF Administrative Fee 0 0 269,340 269,340 0.00 7330 P.I.L.T. 0 0 111,382 111,382 0.00 7331 Reclass PILTto Transfer -Out 0 0 (111,382) (111,382) 0.00 7808 Bad Debt Expense 0 0 2,060 2,060 0.00 7810 Miscellaneous Expense 0 0 1,854 1,854 0.00 7900 Depreciation Expense 0 0 622,443 622,443 0.00 8012 Debt Service Interest Expense 0 0 15,523 15,523 0.00 8104 Motor Pool Rent 0 0 5,150 5,150 0.00 8300 Debt Service Principal 0 0 141,321 141,321 0.00 Total Non -Personnel Costs: $ 29,427 $ 29,427 $ 1,593,619 $ 1,564,192 $ 1.85 Total Expenditures $ 61,893 $ 61,893 $ 1,983,308 $ 1,921,415 $ 3.12 198 Page: 8 Monthly Budget -to -Actual Revenue Report -- By Fund Run: 2/17/2021 at 11:03 AM City of Seward Page: 7 Wastewater Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual Over/(Under) % of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 58,129 58,129 700,000 (641,871) 8.30 5310 SG Service 11,587 11,587 200,000 (188,413) 5.79 5320 LG Service 20,496 20,496 283,300 (262,804) 7.23 5330 SMIC Sales 2,033 2,033 28,350 (26,317) 7.17 5801 Turn on Fees 2,327 2,327 10,000 (7,673) 23.27 5809 Water/Seward Misc. Service 0 0 4,250 (4,250) 0.00 5901 EF Investment Interest 0 0 8,000 (8,000) 0.00 5905 EF Penalties and Interest 0 0 1,000 (1,000) 0.00 5940 Amort. of CIA - General 0 0 398,445 (398,445) 0.00 Total Revenues $ 94,572 $ 94,572 $ 1,633,345 $ (1,538,773) $ 5.79 199 Monthly Budget Expenditure Report by Fund Run: 2/17/2021 at 11:04 AM City of Seward Wastewater Enterprise Fund For 1/31/2021 Variance Actual Y-T-D Annual (Over)/Under % of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 12,907 12,907 149,332 136,425 8.64 6001 Overtime 644 644 4,209 3,565 15.31 6002 Standby Time 768 768 6,879 6,111 11.16 6100 Medicare 211 211 2,475 2,264 8.53 6102 Workers' Compensation 655 655 10,576 9,921 6.19 6200 Leave Time 1,547 1,547 18,882 17,335 8.19 6201 Retirement Benefits 3,205 3,205 37,556 34,351 8.53 6202 Health Insurance 10,418 10,418 76,257 65,839 13.66 Total Personnel Costs: $ 30,355 $ 30,355 $ 306,166 $ 275,811 $ 9.91 Non -Personnel Costs: 7001 Communications 21 21 8,549 8,528 0.25 7002 Postage and Freight 0 0 4,841 4,841 0.00 7003 Bank and Credit Card Fees 0 0 14,142 14,142 0.00 7004 Insurance 3,491 3,491 8,244 4,753 42.35 7006 Legal 0 0 12,360 12,360 0.00 7009 Contracted Services 0 0 125,712 125,712 0.00 7011 Testing 685 685 27,810 27,125 2.46 7015 Utilities 12,507 12,507 224,540 212,033 5.57 7016 Heating Fuel 0 0 3,605 3,605 0.00 7017 Rents & Leases 0 0 206 206 0.00 7211 Gas & Lube 606 606 9,991 9,385 6.07 7213 Safety Equipment 0 0 1,545 1,545 0.00 7215 Operating Supplies 7,920 7,920 17,510 9,590 45.23 7216 Maintenance & Repair 37 37 35,385 35,348 0.11 7217 Small Tools & Equipment 0 0 4,120 4,120 0.00 7300 Advertising 0 0 412 412 0.00 7301 Subscriptions & Dues 0 0 4,635 4,635 0.00 7302 Travel & Subsistence 0 0 5,356 5,356 0.00 7303 Education & Training 0 0 3,914 3,914 0.00 7304 Equipment Rent 0 0 6,180 6,180 0.00 7307 GF Administrative Fee 0 0 164,483 164,483 0.00 7330 P.I.L.T. 0 0 96,880 96,880 0.00 7331 Reclass PILTto Transfer -Out 0 0 (96,880) (96,880) 0.00 7808 Bad Debt Expense 0 0 2,060 2,060 0.00 7810 Miscellaneous Expense 0 0 1,236 1,236 0.00 7900 Depreciation Expense 0 0 482,863 482,863 0.00 8012 Debt Service Interest Expense 0 0 14,504 14,504 0.00 8104 Motor Pool Rent 0 0 5,150 5,150 0.00 8300 Debt Service Principal 0 0 58,128 58,128 0.00 Total Non -Personnel Costs: $ 25,267 $ 25,267 $ 1,247,481 $ 1,222,214 $ 2.03 Total Expenditures $ 55,622 $ 55,622 $ 1,553,647 $ 1,498,025 $ 3.58 200 Page: 9 ASSETS Current Assets: Cash and Cash Equivalent ST Investments Accounts Receivable, Net Supplies Inventory Other Current Assets Total Current Assets Assets Whose Use is Limited. Mgmt Designated Cash and Investments Gift Annuities,Trust and Other Assets Whose Use is Limited Property Plant Equipment Net Other LT Assets Providence St. Joseph Health 110 - PROVIDENCE SEWARD MED CENTER - MGD Balance Sheet (Whole Dollars) Reported as of January 2021 January December 2021 2020 6,196,145 5,030,355 2,825,113 1,893,149 60,701 50,182 195,769 583,648 9,277,728 7,557,334 (29,044) (16,800) (29,044) (16,800) 44,432 89,382 1,749,822 1,746,471 LIABILITIES & NET ASSETS Current Liabilities: Accounts Payable Accrued Compensation Payable to Contractual Agencies Other Current Liabilities Current Portion of Long Term Debt Total Current Liabilities Long Term Debt Other Long Term Liabilities Total Liabilities Net Assets: U n restricted Temporarily Restricted Total Net Assets Total Liabilities and Net Assets Total Assets 11,042,939 9,376,388 201 BAL_SH_SUM _WD_EAL Entity - 110 Printed On 2/10/21 @ 10:51 AM Printed By cole.white January December 2021 2020 646,910 625,877 1,193,147 1,119, 267 397,857 360,100 8,620,809 7,198,897 7,571 7,094 10,866,295 9,311,235 23,874 24,351 2,119,732 2,116,382 13,009,901 11,451,967 (2,028,424) (2,137,042) 61,462 61,462 (1,966,962) (2,075,579) Providence St. Joseph Health INC_DET_O PS_t WB_EAL 110 - PROVIDENCE SEWARD MED CENTER - MGD Dept Alloepzdmem - Alloep n-te Detail Statement of Operations (Whole Dollars) Printed On 2n0/21 (oj, t 0:52 AM Reported as of January 2021 Printed By tole white Month -To -Date Year -To -Date Actual Budget %Variance Actual Budget %Variance Pr. Year %Variance Gross Service Revenues: 105,698 145,403 (27.3%) Acute Care - Inpatient 105,698 145,403 (27.3%) 176,415 (40.1%) 968,075 1,023,279 (5.4%) Acute Care -Outpatient 968,075 1,023,279 (5.4%) 810,909 19.4% 146,583 166,264 (11.8%) Primary Care 146,583 166,264 (11.8%) 133,364 9.9% 1,504,405 1,471,985 2.2% Long-term Care 1,504,405 1,471,985 2.2% 1,182,298 27.2% 2,724,761 2,806,930 (2.9%) Total Gross Service Revenues 2,724,761 2,806,930 (2.9%) 2,302,986 18.3% Revenue Deductions: 48,659 43,421 (12.1%) Charity Care 48,659 43,421 (12.1%) 30,537 (59.3%) 356,898 402,211 11.3% Medicare Medicaid 356,898 402,211 11.3% 351,873 (1.4%) (97,259) (5,166) (1,782.6%) Negofiated Contrects (97,259) (5,166) (1,782.6%) 20,781 568.0% (65,139) 77,920 183.6% Other Deducton Expense (65,139) 77,920 183.6% 64,986 200.2% 243,159 518,386 53.1 % Revenue Deductions 243,159 518,386 53.1 % 468,177 48.1 % 250,864 143,126 7( 5.3%) Bad Debt Deducton 250,864 143,126 (75.3% 82,472 2( 04.2% 2,230,737 2,145,418 4.0% Net Service Revenue 2,230,737 2,145,418 4.0% 1,752,336 27.3% (88,758) 11,294 88( 5.9%) Other Operating Revenue (88,758) 11,294 8( 85.9% 6,855 (1,394.8%) 2,141,980 2,156,712 (07%) Total Net Operating Revenues 2,141,980 2,156,712 (07%) 1,759,191 21.8% Expenses fmm Operations Other Expenses from Operafions: 1,205,229 1,261,142 4.4% Salades and Wages 1,205,229 1,261,142 4.4% 1,015,313 (18.7%) 285,994 270,744 (5.6%) Employee Benefits 285,994 270,744 (5.6%) 227,067 (26.0%) 9,165 3,610 (153.9%) Professional Fees Expense 9,165 3,610 (153.9%) 25,823 64.5% 62,489 96,480 35.2% Supplies 62,489 96,480 35.2% 80,515 22.4% 130,735 287,903 54.6% Pumhased Services Expense 130,735 287,903 54.6% 249,683 47.6% 37 854 95.7% Depreciation Expense 37 854 95.7% 468 92.2% 55 220 74.8% Interest and Amortizafion 55 220 74.8% - - 279 362 23.0% Taxes and Licenses 279 362 23.0% 63 (343.1%) 84,200 82,419 (2.2%) Other Expenses 84,200 82,419 (2.2% 66,110 (27.4% 1,778,184 2,003,735 11.31/6 Otter Expenses from Operations 1,778,184 2,003,735 11.31/6 1,665,041 (6.8%) 1,778,184 2,003,735 11.31/6 Total Operating Expenses 1,778,184 2,003,735 11.3% 1,665,041 (6.8%) 363,796 152,977 137.8% Net Operating Income 363,796 152,977 137.8% 94,150 286.4% 363,796 152,977 137.8 % Net Operating Income fully burdened 363,796 152,977 137.8 % 94,150 286.4% 736 363 102.7% Non-Operafing Gain (Loss) 736 363 102.7% 184 299.4% 364,532 153,340 137.7% Net Income fully burdened 364,532 153,340 137.71/6 94,334 286.4% 363,888 154,065 136.2% EBIDA fully burdened 363,888 154,065 136.2% 94,617 284.6% 363,888 154,065 136.2% EBIDA 363,888 154,065 136.2% 94,617 284.6% Fully burdened includes allocated costs 202 Month: Jan-21 Deductions (494,022) 661,512) °`,'°' 167,490 494,022) 661,512) °`,'°'1 167,490 With the exception of hospital swing -bed and ER, all PSMCC departments met or exceeded budge for January, helping push NOI to $350K before the bond payment. Cash dipped slightly as we dropped the PAMC liability to $1.79 million, while days in A/R climbed slightly, to a manageale 64 days. year end adjustments from 2020, coupled with minor losses on the disposal of assets, and higher than anticipated agency labor and overtime costs, were the only low points for the month of January. Overall PSMC beat budgeted NOI by almost $200K. CARES Act funding attestation will be our central focus in the coming months we work to limit the amount needed to be paid back to the Feds after June 30, 2021. We anticiapte being able to utilize the majority of the remaining $3.5 million in CARES Act funding by mid -year. _ Ifyou have questions please contact COLE.WHITE@providence.org. Cost Recoveries (88,758) 11,294 (100,052) (88,758) 11,294 (100,052) Total Revenues 2,141,981 2,156,712 (14,731) 2,141,981 2,156,712 (14,731) Salaries 1,205,229 1,261,142 55,913 1,205,229 1,261,142 55,913 Benefits 285,994 270,744 (15,250) 285,994 270,744 (15,250) Professional Fees 9,165 3,610 5,555 9,165 3,610 5,555 Supplies 62,492 96,479 33,987 1 62,492 96,479 33,987 Purchased Services 100,908 189,658 88,750 100,908 189,658 1 88,750 Utilities 29,928 98,260 68,332 29,928 98,260 68,332 Depreciation 37 854 817 37 854 817 Interest and Amortization 55 0 (55) 55 0 (55) Other Expenses 84,480 82,767 (1.713) 84,480 82,767 (1,713) Non Operating (13,010) 363 C - (13,010) 363 (13,373) Total Expenses 1,778,288 2,003,514 225,226 1,778,288 2,003,514 225,226 Net (income)/loss 350,683 153,561 197,122 350,683 153,561 197,122 Bond Payment Net Inc. after Bond 243,671 243,671 107,012 107,012 2,500,000 111111111111111ITotal Net Revenues Total Expenses Net(income)/loss 2,000,000 2021 P&L 1,500,000 1,000,000 500,000 o 1 *_� Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 3,000,000 111111111111111ITotal Net Revenues 111111111111111ITotal Expenses -0--Net (income)/loss 2021 P&L 2,500,000 ,00,000 1,500,000 r 1,000,000 500,000 . 0 (500,000) Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 1,500 2020 Net Income NON60 2021 Net Income t2020 Net Inc. after Bond 2021 Net Inc. after Bond 1,250 1,000 750 Soo TU 77 250 A 0 _ (250) J/ f�'PIB APR MAY --JUN -- JUL SEP OCT NOV (500) Net Income minus Bond Payments (in 000s) JAN 21 Net Inc. Before Bond Payment 1 •: YTD Net Income Before Bond Payment 1 • i YTD Bond Payments ■ PAMC Liab. 2021 Bond Payments In 000s y (- ) ■ Bond Pmts 2020 Bond Pmts 2021 PAMC Liability Balances (in OOOs) � PAMc Liab. zozl 500 10,000 s,000 9 0 - 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Approved -Other Funding Amount Approved - Our Capital Estimate Pipeline Estimate Radiology Equipment 396,029 2020 CAPITAL PURCHASES 190,565 Fleet Vehicles 100,000 Patient Transport Vant 57,500 Nurse Call System 198,000 COVID Upgrades 500,000 FEES Scope 24,340 Vehicles 150,000 Oxygen Generator 80,000 Radilogy Remodel 550,000 COVID Analyzer 55,000 Monitors 25,000 Total outside funded projects 612,869 Total our funding projects: 1,113,565 Total in pipeline currently 600,000 Capital Available as of 1213112020 Approved Capital Expenses CURRENT Capital Funding Balance I I • I Providence Seward 2021 JAN 2021 Budgeted Utilities &Purch Net patient Salaries & NOI (NOL) Svcs revenue Benefits 500,000 450,000 40,663 400,000 85,321 350,000 157,082 300,000 250,000 200,000 $153,561 150,000 100,000 50,000 0 2021 Actual NOI Supplies Depr & Interest Other Expenses Pro Fees Other revenue (NOL) Cos Bond 33 987 762 (1,713) (5,555) WWWNW $364,056 (100,052) - $120,385 Providence Seward JAN 2021 YTD 2021 Budgeted Utilities & Purch Net patient Salaries & 2021 Actual NOI NOI (NOL) Svcs revenue Benefits Supplies Depr & Interest Other Expenses Pro Fees Other revenue (NOL) Cos Bond 500,000 33,987 450,000 40663 762 (1,713) (5,555) 400,000 85,321 $364,056 350,000 157,082 (100,052) 300,000 250,000 200,000 $153,561 150,000 $120,385 100,000 50,000 ------------------------------------------- 2020 Total Hours Total Hours 23 22,880 ,�23,747 24,182 22,643 22,413 22,663 23,055 22,671 22,112 22,434 21,431 20,934 JAN FEB MAR APR MAY JUN lUL AUG SEP OCT NOV DEC 202Overtime ❑ Total Overtime Hours 20211 Overtime 1,808 2,116 112 1,384 1,776 1�4 1�4 1,9 1,012 1,230 1,462 1,277 1,604 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 92,208 Total Est. $ Overtime Cost* 93,104 76,992 66,432 62,866 4...... 62,228 85,245 0 57,816 0 49,634 0 1 46,552 57,810 65,790 61,296 0 0 0 0 W.0 .. a.......... o........ .... 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2020 Overtime Cost 1307N 7 • i 12=7E 7134 " ■ 2021 Agency Hours 3,767 4,000 2,000 0 JAN FEB MAR APR ■MAY JUN ■JUL ■AUG ■SEP ®OCT ■NOV ■DEC YTD OT Hours Period OT hours equivalent to FTEs ■ Period OT compared to total Hours ■ 1 • 1 002 Swing Bed Pat. Days ■ ■ Month Actual ■ Month Budget LAB Visits E ■ Month Actual ■ Month Budget 15 27 27 491 329 283 366 335 358 403 381 336 336 329 297 14 D■ ■ 1 1 ■ ■ 2 ■ - 1■ 2■ ■ ■ ■ ■ ■ Jan-21 Feb-21 Mar-21 A r-21 Ma -21 Jun-21 Jul-21 Au -21 Se -21 Oct-21 Nov-21 Dec-21 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 ALL ER Visits ■ ■ Month Actual ■ Month Budget RAID Visits ■ ■ Month Actual ■ Month Budget 152 99 143 143 212 254 304 266 185 162 131 151 151 134 152 147 199 215 186 123 131 112 116 137 137 113 Jan-21 Feb-21 Mar-21 A r-21 Ma -21 Jun-21 Jul-21 Au -21 Se -21 Oct-21 Nov-21 Dec-21 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Acute Patient Days 18 19 ■ Month Actual ■ Month Budget PT OT Visits E ■ Month Actual ■ Month Budget 9 9 8 12 11 17 12 12 9 149 85 94 130 97 100 78 82 7 81 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 a LTC Days E 1504 ■ Montlll�wal WR Month Bugw 1068 1054 952 1054 1020 1020 1054 1054 1020 1020 1 IR m Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 STATS - YTD ACTUAL vs. YTD BUDGET (VARIANCE) ANCILLARY ....m .° .6..1..E :... � . 100% 35% +0% +49% i, +13% +75% P ast day of period miiiiiiim +1% ►411.1 ary February 2021 Tu We 2021 March T Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 7 8 9 10 11 12 13 14 15 16 17 18 19 20 14 15 16 17 18 19 20 21 22 23 24 25 26 27 21 22 23 24 25 26 27 28 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 31 Feb 1 2 3 4 5 6 6:OOpm CC WS - Ft 6:00pm P&Z Joint Work 12:00 m PACAB Mt 12:00pm CC Work 10:45am HPC Work Raymond (Ft Session - HPC Session (Review the Session (CLG Grant Raymond Property) ounciI Chambers Candidates for City 20005 Public 7:OOpm P&Z Mtg Manager ) Education Sig nage) Council Chambers 7 8 9 10 11 12 13 S:OOpm CC WS - 3:00pm P&Z Work 1045am HPC Work Rates/Audit (Discuss Session Discuss Session (Certified S:OOpm CC Work Sessio the Water/Sewer Rate Local Government Study and Discuss.___. ondud Interviews (CLG) Grant 20005 6:00pm HPC Regular 7:OOpm CC Mtg (Council Public Education Chambers)� Meeting (Office Signage) 14 15 16 17 18 19 20 HOLIDAY 8 Z Work 12:00pm PACAB Work 1045am HPC Work (discuss Session (Review & Session (Certified e code discuss the SMIC Local Government s regarding rand zoning overlay district(CLG) Grant 20005 gs, Housing, and have a Public Education ort-Term _presentation from __. Signage) 21 22 23 24 25 26 27 6:OOpm CC WS (Discuss 10:45am HPC Work a Code of Ethics for Session (Certified City Officials) Local Government CC Mtg (CLG) Grant 20005 ham..bers L7m Public Education Sianage). 28 Mar 1 2 3 4 5 6 Council Calendar 1 2/16/2021 8:21 AM 206 March 2021 March 2021 April 2021 Su Mo Tu We Th Fr Sp Su Mc, Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 1011 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 28 Mar 1 2 3 4 5 6 7:00pm P&Z Mtg 12:00 m PACAB Mta 1111 10:4Sam HPC Work (Council Chambers Session (Certified Local Government (CLG) Grant 20005 Public Education Si nage)________ 7 8 9 10 11 12 13 6:00pm HPC Regular S:00Pm CC Joint WS 10ASam HPC Work (Review Annual Meeting (Council Session (Certified Priorities Chamber Local Government 7:00pm CC Mtg (Council (CLG) Grant 20005 Chambers) Public Education Signage) 14 15 16 17 18 19 20 6:00 P8 Z Work 12.00pm PACAB Work 1645am HPC Work Session (Council Session (Chambers Session (Certified Chambers) Local Government (CLG) Grant 20005 Public Education __. Signage) 21 22 23 24 25 26 27 7:00pm CC Mtg 10:45am HPC Work _(Chambers) Session (Certified Local Government (CLG) Grant 20005 Public Education Sianage). 28 29 30 31 Apr 1 2 3 Council Calendar 2 2/16/2021 8:21 AM 207 April 2021 April 2021 May 2021 Su Mo Tu We Th Fr Sp Su Mo Tu We Th Fr Sa 1 2 3 1 4 5 6 7 8 9 10 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 28 29 30 31 Apr 1 2 3 10:45am HPC Work Session (Certified Local Government (CLG) Grant 20005 Public Education Si nage)________ 4 5 6 7 8 10 7:60pm P8 Z Mtg 12 OOpm PA CAB Mtg 6:OOpm HPC Regular C Work Council Chambers Meeting (Council (4a Certified Chamber ernment nt 20005 ucation Signage) 11 12 13 14 15 16 17 7:Wpm CC Mtg (Co 10:45am HPC Work Chambers) Session (Certified Local Government (CLG) Grant 20005 Public Education __. Signage) 18 19 20 21 22 23 24 12:00pm PACAB Work 10:45am HPC Work 6:00pm P&Z Work Session (discuss Session (Chambers) Session (Certified updates to the 2014 Local Government Municipal Lands (CLG) Grant 20005 Management Plan Public Education ..,_ Signage) 25 26 27 28 29 30 May 1 7:OOpm CC Mtg 10:45am HPC Work (Chambers) Session (Certified Local Government (CLG) Grant 20005 Public Education Signage) Council Calendar 3 2/16/2021 8:21 AM 208