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HomeMy WebLinkAbout02272023 City Council PacketSeward City Council Agenda Packet Tie Dye Sky by Jim Pfieffenberger Monday, February 27, 2023 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA II City Council Chambers, 410 Adams Street Please silence all cell phones during the meeting Mayor Sue McClure Vice Mayor John Osenga Council Member Liz DeMoss Council Member Mike Calhoon 1. CALL TO ORDER Council Member Randy Wells Council Member Kevin Finch Council Member Robert Barnwell February 27, 2023 at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL y of SE�y gGASY•p City Manager Janette Bower City Clerk Brenda Ballou City Attorney Brooks Chandler 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member requests. In the event ofsuch a request, the item is returned to the Regular Agenda) 6. SPECIAL ORDERS, PRESENTATIONS AND AWARDS A. Proclamations and Awards B. City Manager Report............................................................................... Pg. 4 C. City Clerk Report.................................................................................. Pg. 24 D. City Attorney Report E. Other Reports and Announcements F. Presentations 7. CONSENT AGENDA A. Minutes of Preceding Meeting * 1. February 6, 2023 City Council Special Meeting Minutes .................................... Pg. 25 *2. February 13, 2023 City Council Regular Meeting Minutes .................................. Pg. 27 B. Introduction of Ordinances *1. Ordinance 2023-004, Amending the Land Use Plan to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District.................................................................... Pg. 36 *2. Ordinance 2023-005, Amending Seward City CodeTitle 5 — Revenue And Finance...... Pg. 48 C. Resolutions *1. Resolution 2023-022, Supporting State Legislative Approval for Alaska Railroad Additional Bonding Authority for the Seward Cruise Ship Dock Project .................................. Pg. 83 *2. Resolution 2023-023, Approving the Calendar Year 2023 Projects for Requested Congressionally DesignatedSpending................................................................................. Pg. 91 *3. Resolution 2023-024, Approving the Planning and Zoning Commission Priorities for January 2023 to January 2024............................................................................... Pg. 116 *4. Resolution 2023-025, Authorizing the City Manager to Purchase from Titan Energy Assets One 1,200 Amp Gas Circuit Breaker for Installation in the Spring Creek Substation in a Not -To - Exceed Amount of $118,152, and Appropriating Funds ...................................... Pg. 121 *5. Resolution 2023-026, Authorizing the City Manager to Pay Rental Fees to NC Power Systems in A Not -To -Exceed Amount Of $227,130.04 for Two Large Generators to Maintain Electric Service for Nash Road Customers During Transmission Infrastructure Construction.... Pg. 132 *6. Resolution 2023-027, Approving Amendment No. 3 to the Lease Agreement between the City of Seward and He Will Provide, Inc............................................................. Pg. 141 D. Action Memoranda * 1. Action Memorandum 2023-002, Authorizing the City Manager to Enter into a Contract with the Seward Chamber of Commerce for the Provision of Marketing and Visitor Services.... Pg. 160 E. Other Items * 1. Direct the city clerk to solicit citizen interest in serving as the city's representative on the Prince William Sound Regional Citizens Advisory Council with a term to expire March, 2025. Pg. 174 *2. Non -objection to the renewal of liquor license 95040 — Restaurant/Eating Place — Seasonal for Chattermark.......................................................................................... Pg. 176 *3. Approve the updated job description for the City Clerk ....................................... Pg. 188 8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Ordinances for Enactment 1. Ordinance 2023-003, Amending Seward City Code Chapter 3.50 — Holidays............ Pg. 198 B. Resolutions Requiring Public Hearing 1. Resolution 2023-021, Amending The 2023 Utility Tariff for Sewer Rate Service, Effective March 15, 2023..................................................................................... Pg. 206 9. UNFINISHED BUSINESS 10. NEW BUSINESS A. Resolutions B. Action Memoranda C. Other New Business 1. Discuss council's reasons for moving forward with the Electric Utility sale .............. Pg. 281 2. Non -objection to the renewal of liquor license 953 — Club for the American Legion Post 95. ......................................................................................................... Pg. 293 3. Consider lifting the moratorium on records destruction ...................................... Pg. 305 4. Vote and appoint two individuals to the Planning & Zoning Commission with terms to expire February, 2026. Applicants are: Victoria Monaco and Vanessa Verhey................... Pg. 308 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes 1. Planning & Zoning Commission 2. Port & Commerce Advisory Board a. December 7, 2022.............................................................................. Pg. 311 3. Historic Preservation Commission a. November 10, 2022........................................................................... Pg. 315 B. Other Items 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Per Seward City Code 2.10.033(E)(2): Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion — City Manager Evaluation. 15. ADJOURNMENT 3 City of Seward City Manager's Report February 27, 2023 Mayor McClure and Council Members, I'd like to thank Assistant City Manager Stephen Sowell for his hard work during my absence. During my absence, I had the opportunity to learn more about the cruise ship industry and their importance to the communities they sail to. The number 1 industry for one of the country's we docked in is tourism. The guides explained how hard hit the country was during covid and how three years later, the country continues to struggle. They explained how thankful they were for our presence because we were among the first cruise ships since 2019. Royal Caribbean, Alaska Railroad's anchor tenant at the Seward Port, reports increased bookings for the 2023 season. On our ship, cruisers talked about their upcoming cruises to Alaska and looked forward to being in Seward. In addition to learning about the important economic benefits of tourism, it was very interesting comparing the mechanics of a "floating city" to an "on land" city. A floating city adds a lot of complexity and was fascinating to me. Thank you, jr Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Work continues on the preliminary design and engineer's estimate. Doug and I met with the Department of Transportation in Anchorage on Friday February 17t" to discuss access and the traffic flow for the entire Fort Raymond Parcel. Later on that day we met with R&M Engineering and continued work to move towards site layout. We will be bringing a resolution to Council in the near future to obtain approval for a task order to get us to 35% design. ➢ We are beginning the project to update the Strategic Plan. This document has not been updated since 1999 and the goal is to align the actions described in the Strategic Plan with the 2030 Comprehensive Plan. ➢ I attended the Alaska Municipal League Winter Conference February 21st to 23rd. I can share more information during the meeting on 2/27. I look forward to collaborating with other communities in the state in the future and the opportunity to interact with colleagues in Juneau. ➢ Rob, Brooks, Sam, and I met with Homer Electric Association on Thursday February 16t" to continue work on the Purchase and Sale Agreement. The agreement is coming together and I want to thank Sam and Brooks for all of their help with this agreement and the coordination with HEA. 0 City of Seward - Human Resources Manager Report Staffing Information # of Department Job Title Positions Filled Administration City Manager 1 1 Assistant City Manager 1 1 Human Resources Manager 1 1 Executive Assistant 1 1 TOTAL: 4 4 Finance Director - unfunded for 2023 1 0 Deputy Finance Director 1 1 Senior Accountant 1 1 Accounting Technician III 1 1 Accounting Technician II 1 0 Accounting Technician - Utilities 2 2 Accounting Tech Payroll 1 1 Accounting Tech Accounts Payable 1 1 TOTAL: 9 7 Public Works Director 1 1 Street Foreman 1 1 Maintenance Mechanic 3 3 Executive Assistant 1 1 Shop Foreman 1 1 Water and Wastewater Foreman 1 1 Water and Wastewater Operator 3 3 Custodian 2 1 TOTAL: 13 12 Community Development Director 1 1 Planner 1 1 GIS Technician 1 1 TOTAL: 3 3 Electric Director 1 1 Operations Supervisor 1 1 Field Engineer 1 0 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 9 Fire Department Chief 1 1 Deputy Chief 1 1 Executive Assistant 1 1 Building Official 1 1 Building Fire Inspector 1 1 Firefighter/EMT 1 1 Seasonal - Summer Laborer 1 0 TOTAL: 7 6 6 # of Department Job Title Positions Filled Harbor Harbor Master 1 1 Deputy Harbor Master 1 1 Office Manager 1 1 Executive Assistant 2 2 Harbor Worker II 6 6 Harbor Worker III 1 1 Seasonal - Summer Laborer Part -Time 1 0 Seasonal - Summer Laborer Full -Time 1 0 TOTAL: 14 12 IT Director Senior IT Tech IT Technician 1 1 1 TOTAL: 3 1 1 1 3 Library Director 1 1 Program Coordinator 1 1 Library Technician 1 1 Curator 1 1 Library Aide 1 1 Seasonal - Aides 2 2 TOTAL: 7 7 Police Chief 1 1 Deputy Chief 1 1 Sergeant 1 1 Executive Assistant 1 1 Patrol Officer 7 6 Patrol Officer not funded 1 0 Corrections Sergeant 1 0 Corrections Officer 4 4 Corrections Officer not funded 1 0 Dispatch Supervisor 1 1 Dispatcher 5 4 Animal Control Officer 1 1 Animal Control Officer Assistant 1 1 DMV Clerk 1 1 TOTAL: 27 22 Parks & Recreation Director 1 1 Deputy Director 1 1 Executive Assistant 1 0 Campground Coordinator 1 0 Program Coordinator 1 1 Recreational Assistant 1 1 Maintenance Technician 1 0 Seasonal - Summer 2 2 Seasonal - Winter 15 3 TOTAL: 24 9 # of Department Job Title Positions Filled City Clerk's Office City Clerk 1 1 Deputy City Clerk 1 1 Executive Assistant 1 1 TOTAL: 3 Total number of authorized positions: 124 Total number of filled positions: 97 City of Seward Department Activity Reports Community Development Department Jason Bickling Director Notes: ➢ At the bottom of this report is an explanation for the processes and status of Short Term Rental Compliance. The P&Z Chair requested this information to help the commission better understand what we do. It will be included in the P&Z Packet for March 7. I thought I would include it here as well. ➢ We are assisting with the HEA due diligence process as it involves land use and compiling information on plats, deeds, titles, and easements. ➢ Working with SBCFSA and their contractor on collecting photos and data for the upcoming Japanese Creek Alluvial Fan analysis. Also, on a related subject, DNR will be doing a greater Seward Area LIDAR study funded by FEMA. ➢ We have begun the process of reviewing the Comprehensive Plan with P&Z. The first step will be to review it and make recommendations for validity and recency — editing and removing items that are no longer current. We will be having more public hearings and community conversations as we look to make this document a living and usable one for council. ➢ The Free Shuttle RFP is being announced on February 21st will actual solicitations being opened on March 7. The closing date is March 21 st with evaluations and selection being made on March 23ra ➢ Working on the Public Works Building Project — both new site development and the development of the current site for residential housing after it is moved. ➢ Working on Port Avenue Improvement Plan and Shuttle Infrastructure and Signage. We believe this will help different visitor groups find their way around the community more effectively and comfortably, especially during inclement weather. ➢ Selena Soto, our GIS tech, will be making a presentation to council in the near future on her work GIS work with the Cemeteries and how the information will soon be accessible to the public. ➢ We are working with R&M to help us review the Municipality of Anchorage Utility Standards (materials and installation) to see if they would be a good fit for us to adopt /point to into our code as it is currently soft in those areas. This would help make our requirements explicitly standardized and more robust. ito] ➢ Our STR online application is open and we are processing permits. We are modifying the form and process along the way to help make things easier for the STR owners. This is the only year that they will have to input all of their information as it will carry over from year to year and can make modifications as needed. Overall it is going really well. ➢ Continuing GIS work for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec. We are also developing detailed "work" maps for the departments as well. We will be hiring a temp in the near future to begin digitally archiving maps and records. ➢ We are continuing with our normal business of processing of records requests, short term rental permits, replats, rezones, CUPs, and consulting regularly with community members that have questions about the development and use of their land and helping with applications. Seward Short Term Rental Compliance General Process The STR Compliance process is cyclical / seasonal to a great degree as a large majority of them are only in operation from mid -May to mid -September. Year-round business applications are due by January 31 st without paying an extra fee so that is when a majority of year-round permit applications begin to come through. Seasonal permits are due by May 31 st and so that is when another wave comes in. It takes a little while for each permit to get processed to a make sure each requirement is met (local, state business license, bed tax, registration, parking plan, etc.), and life/safety inspections can be scheduled and completed. Hamari is the business that we contract with for compliance help. They have a software that scans the internet and identifies STR listings on all kinds of different sites, the most popular being VRBO and Airbnb. It creates a database of each of those identified listings. (Note: Hamari was recently purchased by Avenu Insights and will be renamed Avenu STR in the coming year.) Once we get a majority of the applications processed and permitted, a data file is sent to Hamari with the information for each permitted short-term rental. The software then works and finds the contrasted STRs of what is registered in our area and what is not. We can log into the software at any time and see in real time all kinds of information on each rental, including dates that are currently book, screen shots of their listings, etc. We then use that information to investigate further and address the compliance issues that were revealed. is Compliance Definitions: We have two definitions or types of compliance when it comes to short term rentals: Type 1 Compliance — when a person or entity has their City and State Business License, insurance, short term rental permit, bed tax registration, life safety inspection and other requirements to operate legally. Type 2 Compliance — when a person or entity is using their property according to what is allowed by code. True Compliance means that they meet both requirements. We've had STRs non -compliant in one way and not the other and sometimes both. Compliance Process We have a set of processes are generally followed in any type of compliance — STR or otherwise. We want owners/operators to be informed of their compliance violation and be able to take action to make amendments to come into compliance, if they can. We start out by sending them a letter to inform them of their non-compliance and steps they need to take to come into compliance. These are sent by certified mail (receipt required), so we know that they do in fact receive it. If they don't respond to the first letter, we send another letter, referencing the first letter. If we don't get a response at that time, we work with the attorney and have the attorney start making contact and take possible legal action if necessary. Legal action depends on the situation, but it could involve things like fines, suspension of the ability to operate, property liens, etc. Compliance is a very time consuming and often costly process for the city. We not only doing compliance for STRs but also code violations. Some compliance issues require significant time of investigation/evidence gathering. Known code violations still require a significant burden of proof on the city's part to purse. We can't tackle all of them at once (because we have a lot of other work to do) so we do prioritize them. Simple situations, basic black and white violations, are the ones that we address first especially when it comes to life safety or putting the city at risk. Compliance Status: Contrary to what some people say, the city has had a high level of compliance within the Short Term Rental Industry. Seward (inside City limits) has had roughly 115-125 STRs (separate individual rental units) each year over the past number of years. In 2022, we addressed 6 non-compliance issues — those businesses either came into compliance or ceased operation. Currently, we are dealing with two compliance issues at a fairly high level (attorney) one that is both Type 1 and Type 2 and the other is a Type 2. W Electric System Director Rob Montgomery ➢ Potential Utility Sale (Ongoing) — Homer Electric Association (HEA) General Manager Brad Janorschke did a short presentation at the City Council Meeting on February 13. Beginning the week of February 20, HEA will continue their community outreach efforts with public "drop -in" sessions each Tuesday. They will hold morning sessions at the Seward Library and afternoon sessions at the Alaska Sea Life Center. HEA is also scheduling speaking appearances with the Rotary and other organizations around the City as well as outside City limits. The potential sale of Seward's electric utility will be further reviewed by Seward City Council members at their February 27 meeting. Finally, City officials will continue to meet with HEA officials to negotiate a draft contract. ➢ Nash Road Infrastructure Work (Ongoing) — Preliminary construction activities on the Nash Road project are expected to get underway in early March. This early work will result in a scheduled, 3- to 4-hour power outage for customers in and around neighborhoods along Nash Road. Once a date for the outage is determined, notifications to effected customers will be made 2-4 days in advance. Work on this important infrastructure project will carry on throughout the summer and into fall. ➢ Electric Billing — The Electric Department is working with the Finance Department to assess the potential outsourcing of electric billing activities. Staffing challenges within Billing and the Finance Department over the past few years is driving the assessment. If the City decides outsourcing is a viable solution —short-term or long-term based upon the outcome of the special election vote on May 2 regarding a potential sale of Seward's electric utility to HEA—it will look to begin outsourcing as early as May. The Electric Department and Finance Department have conducted Teams meetings with four firms over the past two weeks. ➢ COPA Inquiries — The Electric Department received a few inquiries from customers over the past two weeks regarding increases in the Cost of Power Adjustment (COPA) portion of their electric bill. As a reminder, the COPA is based primarily on how much a utility pays to produce the electricity they sell to end -use consumers. Since natural gas is the primary fuel used by Chugach Electric Association (Seward purchases is power from CEA) and the other Railbelt utilities to generate electricity, the COPA is naturally going to be higher during the winter months when demand for natural gas is peaking. One important note is that the COPA is not marked up or down by utilities; instead, it's simply a cost that is passed through to consumers. The good news is that the COPA is expected to begin decreasing in the coming months as the demand for natural gas softens. 13 CMR Finance Department Sully Jusino Deputy Finance Director Mission Statement: Valuable Objectives: To provide the highest level of services responsive to our We built trust with all stakeholders through responsible community's expectations and to enhance the quality of stewardship of public resources with integrity, life and economic vitality. accountability, and respect. Utility Department: Finance and Electric department working to create a new billing cycle for the Net Meters Customers. • Carmen Jackson Firm and Finance department continue working with the initial internal and forensic audit work plan and procedure manual for the Utility Department. Carmen Jackson Firm and Finance Staff- - Carmen Jackson LLC continued assisting the Finance Department in account reconciliation, journal entry review, and analysis workflows. Staff and Camen Jackson Team working with City Clerk regarding Internal Controls and policies following the City code. Finance and Public Work staff working with the final requirements for reimbursement for the Landslide Emergency. Annual Audit: Carmen Jackson's Team and Finance are starting the preparation for Audit FY22 in conjunction with Altman Rodgers and Co firm. 14 ,r Fire & Building Department Fire Chief Clinton Crites We NEED volunteers, if you or someone you know is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00pm. 2023 TYD Statistical Information; Fire & Life Safety Inspections: 39 with 28 violations noted. Emergency Calls: 037 New Building Permits Issued 2023: 4 with a total construction valuation of $69,500. • Hazardous Materials Awareness and Operations 40hr course beginning March 7', call to inquire. • Check with the Chamber of Commerce for Fire Extinguisher checks and purchases for your home, business and or short-term lodging. Leading Areas of Origin in Horne Structure Fires Started by Smoking Materials, 2012-2016 Annuai Average Exterior balcony or unenclosed porch 18% Bed roorn 15% Living room 7% Courtyard, terrace, or patio 69'0 Unclassified outside area Exterior wall surface Kitchen or cooking area Garage or vehicle storage area Bathroom or lavatory Exterior stairs Trash or rubbish chtft area or container 4% 4% 00/0 1 76 L I '91 I The place where we feel safest at home — is where most smoking -materials structure fires, deaths, € nd injuries occur. Smoking materials are the leading cause of fire deaths. Smokhig material fires are preventable. �w�t111d14111Y6611111111dIdr �Illllllllllu� �Illllllllllu�: �fllllllllllu�: �Il�arf }� If you smoker use only fire -safe cigarettes. 3)l If you smoke, smoke outside. Most deaths result 9HTRCHIC CIGARETTFY from fires that started in living rooms, family rooms w Wires havo o(vui-m-d while and dens or in bedrooms. Keep cigarettes, fighters, matches, and ether smoking materials up high out of the reach of children, in a locked cabinet. )1l Use a deep, sturdy ashtray. Place it away from anything that can burn. Do not discard cigarettes in vegetation such as mulch, patted plants or landscaping, peat moss, dried grasses„ leaves or ether things that could ignite easily. )1l IBefore you throw away butts and ashes, make sure they are out, and dousing in water or sand is the Kest way to do that. e-cigarettes were being umd, - the battory was being charged, or the device wva_4 being transported. Battery failures iktvc lud tki €,mall uxplax5iuns, Never leave charging o-cigarcttc s unattended. E-cigaretbes should be usexi. with caution- _ f'�P111" 1111111111111''IllllllllllllonO�llllllllllllonO�llllllllllllwlllllliti��`�� FACTS The risk of dying in a home structure fire caused by smoking materials rises with age. Never smoke and never allow anyone to smoke where One out of four fatal victims rnedical oxygen is used. Medical oxygen can cause of smoking -material fires materials to ignite more easily and make fires burn at a is not the smoker whose faster rate than normal_ It can make an existing fire burn cigarette started the fire_ faster and hotter. se)Kard Fire Department 1;011 Your Source for SAFETY Information NFP'IC NFPA Public Education Division • 1 BatteryrriarO Park Quincy, Mt P2169 Ja? �� � � � �� Harbor Harbormaster Norm Regis ➢ We have been keeping up with the snow on both sides of the bay. ➢ The 50-ton and 330-ton Travelift has started to pick up; some fishing vessels are preparing the early fish openers. ➢ We are training several new harborworkers on the maintaining and operating the Travelifts. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. ➢ We have opened G, K and L-float; contractor is working on the punch list. ➢ We have an issue with the fire extinguisher and life ring boxes, we are working with the engineers/contractor to alleviate problem with the vender. (Not Resolved Yet) ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ This spring we will continue the cleanup at the old Raibow dump area, just a few more items to deal with and we can lease the property out again. ➢ The harbor office is closed on Sundays until spring 2023, we still have a crew working on projects and answering the radio and checking phone messages. ➢ The North East harbor launch ramp is completed, the contractor finished on 12-1-2022, we have received the as -built drawings and will closing out this project with ADF&G. ➢ We were debriefed on February 9 for the PIDP grant, it was determined that we were determined to be unresponsive due to the project did not meet the criteria of movement of goods across a dock. ➢ We are currently working with the Director from the Pacific Northwest & Alaska Maritime Administration U.S.DOT on finding a suitable grant for the washdown pad project. ➢ We are waiting on funding for the 5-ton crane on I -Dock, Corp Permit has been approved ➢ We have sent the Coast Guard the resolution and the Purchase and sale agreement for them to look over. (Have not received any response as of today) ➢ Winter is here please remember do not shovel the snow off your vessels onto the dock; please place the snow into the water. ➢ Please watch your step while transitioning onto the floats the transition plates can get icy very quickly. 17 Seward Community Library & Museum Bailey Sayler MUSEUM TEMPORARY DISPLAY Seward Coal Loading Facili The Temporary Display space presents a history of the now abandoned coal loading terminal. Learn the history of the terminal, along with its machinery pieces, and issues the terminal faced in its 32 years of operation. Also featured are historic photos of the terminal and models of historic Alaska Central Railway train cars and modern Alaska Railroad passenger cars. MUSEUM WINDOW DISPLAY Polar Bear Jum For the month of January, the museum windows will feature objects from the Seward Polar Bear Jump such as pins, patches, programs, and newspaper articles. First held in Seward in 1986, this annual event raises money for the American Cancer Society and will be held on January 14, 2023 at 12:30pm at the small boat harbor. Thank you Museum Volunteers We would like to thank our amazing museum volunteers, from the Resurrection Bay Historical Society and the Seward Community Library Association, for all the hours they put into caring for the museum and its collection. In 2022, both organizations combined contributed over 660 hours to volunteering, with RBHS having 624 of those hours. We would also like to thank local Boy Scout Troop 568 for volunteering 56 additional hours with RBHS to complete other large museum tasks. Play n Chat Every Tuesday and Thursday, Bloom brings arts n crafts, story time, and play time for our younger crowd. New Microfiche Machine The Library & Museum is excited to announce that our new microfiche is up and ready for use, thanks to the Rasmuson Foundation. Please call and schedule a time to use the microfiche. Upcoming Events: Canned Food Drive for the Month of February at the library! Saturday, February 18t" @ 10 a.m. — Gentle Free Yoga by Kara Troglin for Heart Health Month. 18 Saturday, February 18' @ 5-7:30 p.m. -Date Paint Night at the library. Parks n Rec are partnering with the Library to offer childcare. Children can be dropped off at Avtec Gym to enjoy of evening of fun at the Gym and picked up after painting. Tuesday, February 28t" @ 9:30-11:15 a.m. Dentist are doing a presentation for Children's Dental Health Month. Thank you to all who participated in our "Stuffed Animal Sleep Over." We had 26 animals show up and participate in our evening of fun and each child received a book that showed the adventures their friends had at the library. Library hours Tuesday — Friday 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. Museum Winter Hours Tuesday — Saturday 11 a.m. — 3 p.m. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. �O, mi 19 SEWARD FAMILY DENTISTRY WILL BE COMING TO SEWARD COMMUNITY LIBRARY & MUSEUM! WHEN: FEBRUARY 28TH TIME: 10:00AM BRING YOUR CHILD TO LEARN ABOUT DENTAL HEALTH! SEWARD COMMUNITY LIBRARY & MUSEUM 907-224-4082 `411 - 1"I I , r '�I m I,#, , � I NFI � • FREE GENTLE YOGA @ THE LIBRARY WITH KARA TROGLIN FEBRUARY 18 @ LOAM MATS WILL BE PROVIDED BUT WE ENCOURAGE YOU TO BRING YOUR OWN. THE CLASS WILL BE GENTLE, SLOW, AND ACCESSIBLE FOR ALL LEVELS, INCLUDING IF SOMEONE WOULD LIKE TO PRACTICE IN A CHAIR INSTEAD OF ON THE FLOOR. IT IS ALSO CANNED FOOD MONTH! IF YOU ARE ABLE TO DO SO PLEASE BRING A CANNED FOOD ITEM TO DONATE! LIBMUS@CITYOFSEWARD. NET 9 0 7 - 2 2 4 - 4 3 5 5 QI Parks & Recreation • Currently recruiting for the following full-time year-round and seasonal FT & PT positions: o Park Maintenance Technician o Executive Assistant o Campground Coordinator o Seasonal Campground Attendants, Park Maintenance Workers, Gardener & Parking Attendant recruitment to begin by end of month. o Warm welcome to Soren Fejes and Liz Rasmussen joining the SPR team in the Winter Seasonal Maintenance and Sports & Rec Program Aide roles respectively. o Congratulations to Melanie Hauze who brings her 17yrs experience back to SPR as our new Deputy Director! • Staining and assembly of 70 picnic tables in progress. • Repairs to Toolcat windshield and plow hydraulic line. Thank you to Harbor for all of their assistance! • Nearly 100% compliance with business front snow removal! Kudos and thank you's to business owners for prioritizing pedestrian safety! • Hosts for 2023 season established for Harbor Side, Alice, Marathon and Resurrection campgrounds. • Research and planning for softball and Little League ballfield repairs and improvements. • Seeking solutions and quotes for initial template parking lot striping. • Shower house maintenance including hot water heater work, interior painting and fixture repairs. • New mobile vendor locations for 2023 season in Benny Benson Memorial Park and Parking lot south of Branson Pavilion. • Preliminary planning for placement of portable restroom trailer at Williams campground. • Coordination with Harbor for assistance with pre -season parking lot sweeping. • 2023 Campground season prep including policy revision, training tools and procedures and campground host recruitment. • Ongoing department -wide cleaning, organizing and inventory at all P&R sites. • Online reservations open for pavilion and ballfields with opening day of April 14tn • Online reservations for campgrounds will open April 3rd at 10:00am AST. Snorts & Recreation at AVTEC Gym: Hours of Operation: Tuesday - Saturday 10am-8pm Sauna hours: *Tuesday (New!) & Thursday — Saturday Men: 5-6pm Women: 6-7pm Racquetball court reservations: https://seward.recdesk.com/ -Tuesday - Friday: 2-7pm (League nights are Tues & Wed nights so courts might be reserved from 5-8pm) -Saturday: 10-7pm Pricing: Memberships and punch cards can be purchased online at htti)s://seward.recdesk.com/ *Seward Seniors (60+) are free through February! Day Pass (Adult, 18+): $5 Youth Pass (6-17): $3 Senior Pass (60+): $3 Yearly Adult membership: $180 Yearly Youth membership: $80 Senior membership: $80 Family membership (2 adults, and any youth 6-17): $350 12 punch passes: $40 6 punch passes: $20 Daily Activities: Tuesday: Open Gym: 10-6pm AVTEC organized activity: 6-8pm (public welcome to join) Wednesday: Open Gym: 11-3pm Open Pickle Ball (half court): 3-6pm Open Soccer (14yrs+): 6-8pm Thursday: Youth Gym: 12-1pm Open Basketball: 6-8pm Chess Meet up: 6-8pm (multi -purpose room) Friday: Senior Walking hour: 12-1pm Youth Gym: 3-5pm Open Volleyball: 6-8pm Saturday: Rock Climbing wall Saturdays in February: 2-4pm Onaoina Leagues & Activities: Archery at the Cruise ship terminals on Tuesdays till end of March. -Beginner Class 4 week session for ages 8-16, FREE: March 7 - March 28, 5:30-6:15pm -Open Range for Youth, parents must supervise, FREE: 6:15-7:30pm -Adult Range, adults need to bring their own equipment: 7:30-9:00pm. Punch cards can be purchased at Seward. recdesk.com Racquetball Competitive and Recreational Leagues are Tuesday and Wednesday nights through the end of March. Kirk DesErmia currently sits atop the eight player competitive racquetball league with a 3-0 record, while Liz Rasmussen is leading the recreational league of six with a 4-0 record. Uncomina Leagues, Events & Activities: February 18: Kids Night out, Parents night Off, 5-7:30pm at AVTEC gym. Supervised activities for kids ages 6-16. FREE Library is hosting an Adult Paint night for parents. Need to call Library to reserve, space is limited. February 25: Roller Skating: 6-8pm, $3 for entry Urbach's Youth Basketball, Registration is now OPEN. $40 per youth. Sign up at Seward.recdesk.com. Ages 4- 13. Starting Saturday March 4 - April 8. If you are interested in becoming a volunteer coach, please reach out to us at sportsandrec@cityofseward.net or 907-224-4054. Volunteer Coaches Needed! We are looking for Urbach's Youth Basketball coaches. You will need to be available Saturday mornings starting March 4 - April 22, and potentially 1 hour during the week. If you are interested in coaching, please email wortsandreOlcitvofseward.net or call 907-224-4054. We want to see this program thrive again, and we can't do that without the help volunteers. Volunteer application and background check required and will be provided by SPR. Competitive Co-ed Volleyball league pre -season launched on Wednesday, February 15t" at the middle school. We have 6 teams signed up and the competition is looking good for this season. Season goes from February 22 - April 19. League standings can be found at Seward.recdesk.com Seward Kite Festival & Low Contest: Seward's 3rd Annual Kite Festival will take place Saturday April 22. This festival is a gathering for kite enthusiasts. Design a logo for the 2023 Seward Kite Festival and win a $100 prize. Take pride in your logo representing this year's festival and being promoted on merchandise sold at the festival. Free to sign up at Seward.recdesk.com. Deadline is February 28 and logo will be picked on March 1. *We are currently looking for food vendors for the kite festival to take place on April 22"d AVTEC Usage numbers: Feb 2 - Feb 15: 219 users 3rd Puzzle Battle consisting of 6 teams was held on February 11t"! Congrats to reigning champs Team Cnidaria who completed the puzzle in 1 hour ten minutes! 23 City Clerk Report February 27, 2023 The KPB special election (held February 14th) for the borough mayor was certified by the borough assembly on February 21st. Peter Micciche was elected and will serve as borough mayor until October, 2023. 2. I am preparing for the May 2, 2023 special election in Seward. Public notices will be distributed throughout March and April in relation to voter registration and the notice of election. In order to vote in this election, voters must be registered no later than April 2na - To register with the state, go online to https://voterregistration.alaska._gov/. - To register with the city clerk, come to the office by 5 pm on March 31st 3. Recodification Project Update Completed: Title 1 Completed August 2022 Title 2 Completed February 2023 Title 3 Completed March 2022 Title 4 Competed January 2023 Upcoming: Title 5 ^Introduction tonight; public hearing and enactment March 13 Title 6 Pending Title 7 Pending Title 10 Pending Respectfully submitted, Brenda J. Ballou, MMC City Clerk 24 City of Seward, Alaska City Council Special Meeting Minutes February 6, 2023 Volume 42, Page CALL TO ORDER The February 6, 2023 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor McClure. OPENING CEREMONY City Manager Janette Bower led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure presiding and John Osenga Mike Calhoon Kevin Finch comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused — Wells Absent — None Liz DeMoss Randy Wells Robert Barnwell CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Osenga) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS — None EXECUTIVE SESSION W City of Seward, Alaska City Council Special Meeting Minutes February 6, 2023 Volume 42, Page Go into executive session to discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion — City Manager Evaluation, per Seward City Code 2.10.033(E)(2). Motion (Osenga/DeMoss) The city manager was invited to stay. Motion Passed Go into executive session to discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion — City Manager Evaluation, per Seward City Code 2.10.033(E)(2). Unanimous Council went into executive session at 6:03 p.m. Council came out of executive session at 7:38 p.m. ADJOURNMENT The meeting was adjourned at 7:38 p.m. Brenda Ballou City Clerk (City Seal) Sue McClure Mayor 41- City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page CALL TO ORDER The February 13, 2023 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Mike Calhoon Kevin Finch comprising a quorum of the Council; and Stephen Sowell, Acting City Manager Brenda Ballou, City Clerk Sam Severin, City Attorney Excused — Barnwell Absent — None Liz DeMoss Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bailey Sayler, outside the city, was the city's library director. She shared that the library would be hosting a number of events for the public this week, including a family movie, story time, gentle yoga, and an adult paint night. Later in the month, Seward Family Dentistry would be teaching a class about dental health. Patrick Messmer, outside the city, worked for the city and thanked the council for bringing up the pay issue for employees at the last meeting; increasing pay would help attract new employees and retain current employees. He wished the patrol officers could be increased by 10% to make them closer to Homer. Another idea would be to take the next two years' worth of COLAs in the current union contract and start them now and give zero COLAs next year. On another topic, the city paid approximately $64,000 to train a new officer; that included the recruit's pay while they were at the academy and with the Field Training Officer (FTO) which is a period of time during which the city received no service from the recruits, academy fees, and the extra cost for the FTO. Messmer said one thing he thought might help for new police and fire recruits would be for the council to pass a resolution of support for HB22 which was a defined benefit pension plan. Since 2006, the state has been losing employees at an increasingly faster rate; Tier III employees were starting retirement phase more and more. This, in turn, meant less experienced police officers and firefighters were in 27 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page the workforce which meant concerns over safety were increasing. Alaska led the country for violence against police officers; 64.6% of Alaska police officers were assaulted in 2022 in the line of duty. He asked council to pass a resolution of support for HB22. Darryl Schaefermeyer, inside the city, thanked council for remembering Louis Bencardino tonight; "Louie" had done a lot for this community and had played a role in many big things like the Seward Marine Industrial Center, Alaska SeaLife Center, and Spring Creek Correctional Center. Louie had a unique association with many rural legislators across the state. Schaefermeyer recalled Seward receiving the highest amount of funding per capita from Prudhoe Bay than any community across the state. Schaefermeyer hoped that there would be some sort of permanent recognition installed in the city to remember Louie's contributions. Tim McDonald, inside the city, thought Seward had a lot of unsung heroes who contributed to the community over the years. Regarding the Lowell Creek Diversion Tunnel, he thought there was still time to make arrangements for hydroelectric power to be included in the project. He believed Seward could be generating 100% of its own electricity within ten years. There were new developments in energy happening all the time; there were seaweed -type tentacles that laid on the ocean floor that generated electricity through the movement of ocean currents and hydraulic sidewalks where the pressure of people walking on them generated electricity. He believed Seward could be a leader in this regard. Wolf Kurtz, outside the city, said the radio station was an all -volunteer, non-profit entity and they welcomed volunteers. He said the Seward Homeless Connection was also looking for volunteers to fill their board. Bruce Jaffa, outside the city, recalled council talking at the last meeting about keeping sidewalks cleared of snow. The winds downtown did a lot to shift the snow around; snow drifts were common, regardless of how often the sidewalks were cleared. He said some cities took on the task of cleaning snow from sidewalks because snow removal was a constant challenge. He hoped council would consider addressing sidewalk clearing downtown, and suggested the heat loop project might include heated sidewalks. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/DeMoss) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the January 23, 2023 City Council Special Meeting Minutes. Approval of the January 23, 2023 City Council Regular Meeting Minutes. Introduction of Ordinance 2023-003, Amending Seward City Code Chapter 3.50 —Holidays. This ordinance was introduced tonight and w ill come for public hearing and enactment on February 28 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page 27, 2023. Resolution 2023-014, Authorizing The City Manager To Execute R&M Engineering Task Order No. 2734.29, Completing Required Survey Work And Producing A Professionally Sealed As -Built Drawing Of The Lawing Substation, In The Amount Of $15,765 And Appropriating Funds. Resolution 2023-015, Authorizing The City Manager To Purchase Six 115kV Voltage Transformers From Instrument Transformer Equipment Corporation (ITEC) In The Amount Of $67,122, Plus A 10% Contingency For Installation In The Fort Raymond Substation, And Appropriating Funds. Resolution 2023-016, Authorizing The City Manager To Enter Into Amendment #1 To The Contract Between The City Of Seward And Yukon Fire Protection To Include The New Animal Shelter In The Service Contract. Resolution 2023-017, Accepting And Appropriating Animal Shelter Donations In The Amount Of $20,611.57, Collected Until December 31, 2022, To Fund Expenses Related To The New Animal Shelter, And Appropriating Funds. Resolution 2023-018, Authorizing The City Manager To Purchase From Royal Switchgear Nine 115kv Vertical Break Switches For Installation In The Fort Raymond Substation In A Not -To -Exceed Amount Of $167,455, And Appropriating Funds. Resolution 2023-019, Supporting And Requesting The City Of Seward Be Re -Established As An Active Port For The Alaska Marine Highway System. Resolution 2023-020, Updating The Mobile Vendor And Roving Vendor Policy For Permitting Vendors On City -Owned Property. Action Memorandum 2023-001, Accepting The Resignation Of Brandii O'Reagan From The Port And Commerce Advisory Board And Directing The City Clerk To Advertise The Vacant PACAB Seat. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Remembering Louis Bencardino In Memoriam City Manager Report Acting City Manager Stephen Sowell said the public works shop project continued to be worked on; there would be a special meeting on March 13, 2023 to discuss the project. He announced that the Community Conversation for housing that was scheduled on March 2, 2023 would have to be rescheduled to the fall; administration was making arrangements for Tim Dillon 29 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page from the Kenai Peninsula Economic Development District (KPEDD) to facilitate the session, and he would not be available until then. Sowell said the fund balance information contained on the agenda statements would be updated in an attempt to make the information clearer to understand. Harbormaster Norm Regis said last week 75 divers from Dive Alaska came down from Anchorage to conduct a training exercise which consisted of diving in the harbor to clean the bottom. The divers found things like batteries and fish knives, but reported that the harbor was pretty clean. Calhoon thanked Sowell for making the finance information on the agenda statements more clear. City Clerk Report City Clerk Brenda Ballou reminded everyone that tomorrow would be the special election for the borough mayor. The Deputy City Clerk was coordinating a food challenge between the Seward High School culinary class and Obihiro, Japan; as well, preparations were being made for the student exchange program. And, she thanked council for approving the resolution to update the Mobile & Roving Vendor program; renewals would be open on Wednesday this week. City Attorney Report City Attorney Sam Severin stated the potential sale of the electric utility was capturing a lot of the firm's time and attention. In addition, the firm was assisting with a variety of personnel concerns, as well as potential enforcement action relating to short term rental businesses. Severin said he had been involved with code enforcement over the years with other municipalities and he understood the challenges that came along with code enforcement. Other Reports and Announcements — None Presentations Homer Electric Association presentation by Brad Janorschke. PUBLIC HEARINGS Ordinances for Enactment Ordinance 2023-002, Amending Seward City Code Title 2 — Administration. This ordinance was introduced on January 23, 2023 and is coming tonight for a public hearing and enactment. Motion (DeMoss/Osenga) Enact Ordinance 2023-002 Ballou stated this ordinance would complete the recodification for Title 2. Sowell said administration would continue to bring forward standalone ordinances going forward, as needed. 30 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page Notice ofthe public hearing beingposted and published as required by law was noted and thepublic hearing was opened. Bruce Jaffa, outside the city, said the Port & Commerce Advisory Board (PACAB) had been provided with a draft ordinance at last week's PACAB meeting that related specifically to PACAB's section in code, however, the board did not have a chance to discuss it. It would be coming back to PACAB on Wednesday this week for them to discuss. Jaffa wanted to ensure that the mission of PACAB would not be diminished with this ordinance. He believed that an advisory board should have a broad mandate. In addition, Jaffa said he was bringing a resolution to PACAB that would request council reinstate the original priorities that PACAB set for 2023, which were amended by council. Jaffa said the suggestion of changing the name of the board from "Port and Commerce" to "Port Commerce" would have a significant impact. He wanted to preserve the original intent and mission of the board as it had been established in 1994. No one else appeared and the public hearing was closed. Motion to Postpone (Wells/Finch) Postpone Ordinance 2023-002 for thirty (30) days to allow PACAB to review and provide input. Wells said he wished to postpone the ordinance to allow the boards and commissions to review, and also because he wanted more time to review the ordinance. Ballou stated that tonight's ordinance was part of the recodification process which had been worked on since last year and had been vetted by the attorneys, city manager, and department heads. She explained that the assistant city manager wished to provide PACAB with the opportunity to review their section of code separately, and the timing of those two events was causing confusion. Wells withdrew his motion with no objection from council. Ballou said tonight's ordinance would not impact the scope or mission of PACAB. Sowell said this ordinance would also add a new section 3.30.317 to make it consistent with changes made last year for the Planning & Zoning Commission which clarified staff assistance. He said the goal of this ordinance was to bring code in line with how meetings were being conducted currently. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2023-013, Approving An Agreement With Kenai Mountain Public Media, Inc. For Joint Use Of The City's Satellite Receiving Dish, Equipment Shelter And Tower Located On Lots 9, 10, And 11 Block 16, Original Townsite Of Seward For FM Radio Receiving And Transmitting Purposes. 0i City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page Motion (Osenga/DeMoss) Approve Resolution 2023-013 Sowell said this lease had been worked on since last summer and involved input from the city attorney and Kenai Mountain Public Media (KMPM). Information Technology (IT) Technician George O'Dell was employed by the city and was also a KMPM board member. He said KMPM wished to continue broadcasting the FM radio programs, as well as the Alaska Rural Communications Service (ARCS) television service. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Wolf Kurtz, outside the city, was a member of the KMPM board. KMPM operated as Seward Public Radio as the local radio station. If this resolution was approved, the downtown location of equipment would improve the radio service to downtown Seward. In addition, KMPM provided high definition television on Channel 7 for Seward and Bear Creek. Operating under this lease would enhance the Emergency Alert System services, as well. Becky Dunn, inside the city, was a KMPM board member. She said the radio station aired the council meetings, but there were still places in town where the radio could not currently reach, including areas in downtown and at the hospital. No one else appeared and the public hearing was closed. Motion to Amend (McClure/Wells) Amend Resolution 20232-013 by adding a new Whereas in the second position, moving all others down, that reads, "WHEREAS, in addition to the usage for radio, the equipment will be used for the purpose of transmitting a television signal; and". O'Dell had requested this amendment to ensure there was a mention of the television service in the resolution. Motion to Amend Passed Unanimous Main Motion Passed Unanimous UNFINISHED BUSINESS — None NEW BUSINESS — None INFORMATIONAL ITEMS AND REPORTS — None Kea City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page CITIZEN COMMENTS Tom Tougas, inside the city, thanked council for the radio station resolution; the radio station provided a valuable service to the community. Tougas recalled in Seward in 2000 there was a vote to sell the electric utility to the Homer Electric Association (HEA). He said 52% of voters had approved the sale, but that didn't meet the threshold to pass the sale; it required 60% to pass. Tougas said there were many compliance regulations, which were continually being updated; he supported the sale to HEA. He appreciated HEA's approach to renewable energy and was excited that HEA was setting up community meetings and providing information to the residents. Tim McDonald, inside the city, wondered if HEA would allow net metering. McDonald said he was born and raised in Seward. He had a large RV park on Nash Road and all the money he collected was outside city limits. Seven years ago, the administration had questioned him about running his campground inside city limits; recently, the topic came up again. He now had his property up for sale and offered to sell it to the city. He had an appraisal done about five months ago and would provide it to council. Bruce Jaffa, outside the city, thought council did good work tonight. He appreciated hearing about the sale to HEA. He thanked everyone who attended the Moose Pass Winter Festival last weekend; it was well attended. On the topic of wages, Jaffa supported making wages competitive; emergency services employees deserved consideration for wages. His heart went out to the residents of Turkey and Syria; it made him appreciate the strict and stringent code requirements for building that Seward had. Wolf Kurtz, outside the city, thanked administration for helping get the resolution pulled together for the radio station. The next project for KMPM was to install a television transmitter in Bear Creek. Becky Dunn, inside the city, said if someone had a television antenna and cable access, they could get four channels of local television. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sowell thanked council and the public; there were many things the administration was working on and he appreciated the community support for those projects. He was looking forward to a productive year ahead. Wells appreciated all the citizens who spoke. He thanked HEA for their presentation tonight and for setting up all the community information meetings. DeMoss thanked HEA for coming tonight; she appreciated the mention about the 60% voting minimum required to pass the sale. She appreciated the idea about having a special assessment district for snow removal on sidewalks downtown. 33 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page Finch thanked HEA for their presentation and the radio station for their service. He reminded everyone that tomorrow was Valentine's Day. Calhoon appreciated all the activities and events at the library. The radio station was great; it was local and very informative. The animal shelter funds resolution was very appreciated. He recalled the election in 2000 being an advisory vote rather than an actual vote to sell the electric utility; he agreed that there had not been enough community education done at that time. Happy Valentine's Day. Osenga said don't forget Valentine's Day and to vote in the special election for borough mayor tomorrow. He encouraged everyone to get involved and get educated about the electric sale. He was pleased the resolution for the radio station was approved; it would result in better service. McClure appreciate the HEA presentation; she encouraged everyone to attend one of the session. On February 4 there was a council retreat; she was very proud of the council. She loved local radio. Happy Valentine's Day. Don't forget to vote. McClure read a card from a citizen who appreciated all the holiday lights. Great work Dive Alaska on cleaning up the harbor. EXECUTIVE SESSION Go into executive session to discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion — City Clerk Evaluation, per Seward City Code 2.10.033(E)(2). Motion (McClure/DeMoss) Go into executive session to discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion — City Clerk Evaluation, per Seward City Code 2.10.033(E)(2). The city clerk was invited to stay. Motion Passed Unanimous Council recessed at 8:37 p.m. Council resumed at 8:45 p.m. Council went into executive session at 8:45 p.m. Council came out of executive session at 9:51 p.m. 34 City of Seward, Alaska City Council Meeting Minutes February 13, 2023 Volume 42, Page ADJOURNMENT The meeting was adjourned at 9:51 p.m. Brenda Ballou, MMC City Clerk (City Seal) Sue McClure Mayor W Ordinance 2023-004: Approving the Land Use Amendment to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32- 48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District Documents: • Agenda Statement • Ordinance 2023-004 • Rezone Application • Zoning Map 01 City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Agenda Item: Ordinance 2023-004: Approving the Land Use Amendment to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two - Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District Background and justification: Hilltop Properties LLC has submitted an application to rezone various lots in the proposed Gateway Subdivision, Hilltop Addition from Single -Family Residential to Two -Family Residential and Multi - Family Residential. The initiation for a land use amendment to rezone parts of the Gateway Subdivision, Hilltop Addition is by the petition of the majority of the property owners in the area to be amended. The total area to be amended exceeds the required one acre as specified in Seward City code 15.01.035(b)(3). Lots 17-30, Block 4 will be rezoned from Single -Family Residential (R1) to Multi -Family Residential (R3), maintaining continuity from the Multi -Family Residential (R3) zoning district directly adjacent to the south. Lots 31-35, Block 4 and Lots 32-48, Block 6 (across the street from Lots 31-35, Block 4) will be rezoned from Single -Family Residential (R1) to Two -Family Residential (R2) to provide an appropriate gradual transition from a higher density zoning district, R3, to a lower density zoning district, R1, to the north and west. Townhouses and other multi -family dwellings would be allowed to be built in an R3 zoning district with an approved Conditional Use Permit. Duplexes would be allowed outright in an R2 and R3 zoning district with a minimum lot size of 6,000 square feet. The public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040. On January 10, 2023, the Seward Planning and Zoning Commission approved Resolution 2023-002, recommending the City Council approve the Land Use Amendment to rezone the Gateway Subdivision, Hilltop Addition as proposed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 3.2.1 —"Promote residential and commercial development within Plan: the City of Seward and its vicinity in accordance with community values." 37 Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." Vol 1, Chapter 3.7.1.3 — "Continue to upgrade and expand utilities to meet existing needs and encourage future development" Strategic Plan: Promote Residential and Commercial Development Inside the City (Page 9-10) • Encourage construction of residential and seasonal housing at all market levels • Develop infrastructure and utility expansion for currently undeveloped residential and commercial property • Reduce utility costs Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* x Yes Not applicable x Approve Resolution Other: Electric Wastewater Water F1 Healthcare *unaudited numbers Finance Director Signature: ) �._� Attornev Review i7 ell" Attorney Signature: E jSS aDL Comments: Administration Recommendation 38 Sponsored by: Bower Introduction: February 27, 2023 Public Hearing: March 13, 2023 Enactment: March 13, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-004 An Ordinance of the City Council of the City of Seward, Alaska, Amending the Land Use Plan to Rezone Proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (Rl) Zoning District to Two -Family Residential (R2) Zoning District; and to Rezone Proposed Lots 17-30, Block 4 from a Single -Family Residential (Rl) Zoning District to Multi -Family Residential (R3) Zoning District WHEREAS, Hilltop Properties LLC has submitted a rezone application to the City of Seward for review and recommendation to the City Council; and WHEREAS, the majority of property owners in the area to be amended have petitioned to rezone various lots in the proposed Gateway Subdivision, Hilltop Addition; and WHEREAS, the total area to be amended exceeds the required one acre as specified in Seward City Code §15.01.035(b)(3); and WHEREAS, the proposed Land Use Amendment would rezone Lots 17-30, Block 4 from Single -Family Residential (R1) to Multi -Family Residential (R3); and WHEREAS, proposed Lots 17-30 are directly adjacent to an existing Multi -Family Residential zoning district; and WHEREAS, the future use of proposed Lots 18-29 is for townhouses, which would be allowed in an R3 zoning district with an approved Conditional Use Permit; and WHEREAS, the proposed Land Use Amendment would rezone Lots 31-35, Block 4 and Lots 32-48, Block 6 from Single -Family Residential (R1) to Two -Family Residential (R2); and WHEREAS, proposed Lots 32-48, Block 6 are directly across the street from Lots 17-35, Block 4, thus providing an appropriate transition from a higher density zoning district, R3, to a lower density zoning district, R2; and WHEREAS, duplexes are allowed outright in an R2 zoning district with a minimum lot size of 6,000 square feet; and WHEREAS, the public notification process was complied with, and the appropriate public hearing as required by Seward City Code § 15.01.040. 39 CITY OF SEWARD, ALASKA ORDINANCE 2023-004 NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City of Seward by amending the zoning designation of proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to rezone proposed Lots 17-30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi - Family Residential (R3) Zoning District Section 2. The Seward City Council further amends the official Land Use Map of the City of Seward by changing the land use designation of proposed Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4, from a Single -Family Residential (R1) Zoning District to Two -Family Residential (R2) Zoning District; and to rezone proposed Lots 17- 30, Block 4 from a Single -Family Residential (R1) Zoning District to Multi -Family Residential (R3) Zoning District Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 131h day of March, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 40 CITY OF SEWARD Community Development l0e.2II.I019 I�l:nirult ( ( il},OJ' i viurLncl LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Petitioner: Hilltop Properties LLC Address: PO Box 825 Seward, AK 99664 Telephone Number: 907-362-1900 Email: joe@catalyst-marine.com Property Description Address: 2104 OLYMPIA RD 1-3 i a- 7z ."3 SlAe K 6 Lot: 17 - 3S Block: t3 to ck y Subdivision: Gateway Subdivision - Hilltop Addition Size of subject area: 21.3 acres Number of parcels within subject area: 87 Additional Information Located in Historic Overlay District? Yes L] No K] Intended use and/or reason for rezoning: Subdivision of large lot to create housing to include 51 - R1 lots, 23 - R2 lots, and 13 - R3 lots. 12 of the R3 lots are designated for townhome development. Color Goaded change diagram attached lock 6 Ci Jock ots 1-31 and 49-72 remain R1, 32-48 and 31a-361 change to R2, 17f-30& change to R3 Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume 1: baps: +++v+v.cilyofse+card.us:'home sho++docun7cnt"id=1705 Volume 11: hltps:+��+w.citvotseward.us'homc•'sho++docun�ent?id=17Q7 All Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) NIA What is the effect of the zoning amendment on the property owners and on the community at large? Complies with city code 3.3.1.1 to support a range of housing choices that meet the needs of people in various income and age groups. This partial rezone creates properties for housing development needed to supply long term resident housing within the City of Seward limits. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. I understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. Applicant Signature: �ou� Enclosed: $300 Payment ( ) Map of the subject area ( ) Other: ( ) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b)) ( ) By the City Council on its own motion; ( ) By the commission on its own motion; ( ) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. E,% Signatures of property owners of the proposed rezone area: Address: 2104 OLYMPIA RD SIGNN�ATURE: �7 PRINTED NAME: Joseph C.Tougas Cole Petersen DATE: 12/8/22 12/8/22 43 CITY OF SEWARD RECEIPT # 45172 410 ADAMS STREET 12/09/2022 • PO BOX 167 SEWARD AK 99664 Received IN phone: (907) 224-4050 From Lookup Name Payment Type Check # Amounts 11122 COMMUNITY DEVELOPMENT Check 0000296 Due 300.00 Tendered 300.00 Change Due Description REZONE FEE - HILLTOP Zoning Fees 300.00 44 4M I . u A r ra� fF Replat and Rezone of Gateway Subdivision, 2104 Olympia Road Addition No. 2, Tracts C4, C5, MC7, Drawn By: Selena Soto Tract C-4 N 0 105 210 420 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Mapping Assistance by Alaska Map Company, LLC Map is to be used for orientation and reference purposes only. 45 R1 R2 40 / SW 84-18 j�Cz Block 8 \ O"� a N _ f n J t 2 / b R 6 o N g $ f ^ N $ 8 ^ A e ,k 8 ¢00. x%,6 W o ems_ zrs8uoe o C k & 6 '.l d' oaD PQ+ SW 2013-16 Tract C] Bock 6 SW 8 o4 �_elock 6 SW o84-18 SW 84-18 L W Block 6 s: ^GI g FI m �N .m, w T A rod' 4` 3�°c.-cs 4i�s'c �z rgsNrO os s15a �e�o$A Versa r3f.xx PS oo ��. / $r oO.ro rwinmj~oJ, -uoO tr / sr'og•W qg -� 0 m0 08 - rl.b a \a \ csoo c k 44rt \ T t C2 ell. ck 2 B \ \ r �QgJ C� SW 2013-16 SW 85-9 Lot 30 / W � Block 2 R.hoe�,yxRo¢d �sn�nari ps.u.. s I �.< cet �Cao SW 85-9 I Lot 16 3e...a. u.eka neew I Block 4 V ev5 so as so.oa 5a.00 so ao saw 50.0o az_oo c' $' �'' bo`p Q� / Tract C5 N 8 8 8 $ $ $ g 60 ROW D.dv 1- n by this plat 4 c0 `, SW 2013-16 ao.P so aka Qm bnao so.ao wm co r- T,oct C6 xpnsa-r_ aeo.7] m Ordinance 2023-005: Amending Seward City Code Title 5 — Revenue And Finance Documents: • Agenda Statement • Ordinance 2023-005 48 City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-005: Amending Seward City Code Title 5 — Revenue and Finance Background and Justification: The purpose of this ordinance is to complete the update for Title 5 part of the city's recodification effort. In 2022, several ordinances were enacted to amend portions of Title 5, and this ordinance is intended to update the remaining portions. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, Clerk=City Clerk) Code Citation Source Amendment 5.05.010 d 2 Mgr Adding clarifying language for clerk/council budget. 5.20.120 Atty Strike entire section (obsolete). 5.35.010 Atty Strike section 5.35.010 — Definitions and replace with section 5.35.010 — Im osition of sales tax. 5.35.015 Atty Update title of section; add new language. 5.35.035 Atty Strike entire section. 5.35.055 Atty Strike entire section. 5.35.060 Atty Strike entire section. 5.35.065 Atty Update in accordance with KPB code. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact E,M Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: Not Comments: Recommend work session to consider applicable status and policy of taxation of internet sales and current sales tax rate Administration Recommendation e✓ Adopt Ordinance Other: 6111 Sponsored by: City Clerk Introduction: February 27, 2023 Public Hearing: March 13, 2023 Enactment: March 13, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 5 — REVENUE AND FINANCE WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS, in 2022, council enacted several ordinances to update portions of Title 5, including: Ordinance 2022-005, Amending Seward City Code 5.22 Developer Incentive And Reimbursement Program To Further Clarify And Define Program Processes, Amending Section 14.10.030 Water Main Extensions To Exclude The Language In Chapter 5.22, And Enacting Section 14.15.505. — Scope Of Article To Exclude The Language In Chapter 5.22; Ordinance 2022-012, Amending Seward City Code Chapter 5.01 General Provisions And Enacting Chapter 5.02 Fund Balance And Net Position; and, Ordinance 2022-013, Amending Seward City Code Chapter 5.15 Investment And Collateralization Of Public Funds; and WHEREAS, this ordinance is focused on the remainder of Title 5 — Revenue and Finance and reflects input from the city manager, the city attorney, and the finance department and will complete the recodification for Title 5. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 5 — Revenue and Finance is hereby amended as follows: (Deletions = Bold Strikethrou ; Additions = Bold Italics Underlined.) TITLE 5 - REVENUE AND FINANCE Chapter 5.01. - General Provisions 5.01.010. - Fiscal year. The fiscal year of the city shall begin on January 1 of each year. A CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.01.015. - Creation of debts. Neither the council nor any officer or employee of the city shall create, audit, allow or permit to accrue any debt or liability for any purpose in excess of available money in the treasury legally apportioned or appropriated for that purpose. 5.01.020. - Examination of claims. The finance director shall examine all payrolls, bills, claims and other demands of the city, and shall issue no warrant for payment unless the claim is in proper form correctly computed and approved, and is legally due and payable and appropriation has been made thereof which has not been exhausted, and unless there is sufficient money in the city treasury to make payment. 5.01.025. - Deposit of money. All money collected by agencies of the city shall be deposited with the finance department within three days after collection. 5.01.030. - Deposit of securities. All securities shall be deposited in a bank approved by the council, to which access shall be had only upon the signature of the city manager and the city clerk. 5.01.035. - Collection of revenues and proceeds from securities. All revenues and proceeds from securities owned by the city shall be collected by the finance director promptly when due and reported immediately to the city manager. 5.01.040. — Write off of accounts receivable; refunds of erroneous payments. A. The city actively pursues collection of all revenues and debts owed to the city, reviews the status of past -due accounts, and writes off amounts determined to be uncollectible. B. The city manager has the authority to determine when accounts receivable of the city are uncollectible, except for property liens. C. The finance director may, on approval of the city manager, write off all or a portion of the uncollectable receivable amount. D. Any receivable amount written off in this manner must be reported to the city council within one month. Accounts written off, in part or whole, do not constitute forgiveness of the debt nor a gift of public funds. E. Bills which may become a lien against property may be canceled only upon written formal claim by the owner when supported by substantial evidence of its propriety and approved by the city council. Any refunds of over -payments or erroneous payments may be made by the finance director, with the approval of the city manager; provided, that utility customers' deposits is refunded in accordance to 14.01.030. 6% CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.01.045. - Payrolls. A. Payrolls shall be submitted to the city manager for approval, and upon approval the city finance director shall issue warrants in payment thereof when due. B. It shall not be necessary for the city finance director to encumber in advance or to certify as to the availability of funds appropriated for personnel services, except those obtained on a contractual basis; provided, that upon issuance of the warrants, the city finance director shall immediately cause the appropriate funds to be encumbered to the extent of the warrants issued. 5.01.050 Capital assets. A. Capital assets will be capitalized and depreciated for financial statement purposes. Capital assets are defined as a unit of property that: 1. Has an economic useful life that extends beyond one year; 2. Must be acquired for use in operations and not be held for sale; and 3. Was acquired or produced for a cost as established by the city council in the biennial budget. Any items costing below this amount should be expensed. B. Tangible assets that do not meet the requirements of a capital asset will be recorded as an expense regardless of acquisition or production cost. C. Renewals and betterments are capitalized. These expenditures include the cost for renovations, betterments, or improvements that add to the permanent value of the asset, make the asset better than it was when purchased, or materially extend its life beyond the original useful life. To capitalize these costs, the improvements must fulfill at least one of the following three criteria: 1. The useful life of the asset is materially increased; 2. The productive capacity of the asset is improved, or 3. The quality of units/services produced from the asset is enhanced. The total project cost must also exceed the amount established by the city council in the biennial budget. D. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Chapter 5.02 — Fund Balance and Net Position 5.02.010 General Fund. A. Minimum general fund balance. 1. The city council shall establish a minimum general fund balance for the city to assure the financial stability and provide adequate financial reserves capable of preserving city operations in the event of economic stress or unforeseen financial events. 2. The general fund balance shall be established in each biennial budget ordinance. 3. The minimum level of the general fund unassigned fund balance should be equal to three to six months expected city expenditures, plus transfers -out. B. Unassigned fund balance. 1. The unassigned fund balance does include amounts externally restricted or internally committed or assigned for specific purposes. 53 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 2. The city council has the authority to commit funds for specific purposes while the finance director or city manager can internally assign fund balance. C. When both restricted and unrestricted sources of funding are available for use, the city will use externally restricted resources first, then internally committed and assigned resources before using unassigned fund balance. D. One-time revenues (examples: grant administration fees, sales of fixed assets, etc.) should not be utilized to fund ongoing expenditures but to fund capital repairs and replacements. To the extent that the General Fund balance has reached 6 months of expenditures plus transfers -out, one-time revenues will be allocated annually to the Capital Acquisition Fund. E. The revenue stabilization, or working capital, account is to maintain a prudent level of financial resources to protect against the need to reduce service levels or raise taxes or fees due to temporary shortfalls or unpredicted one-time expenditures. The balance in this account should be a minimum of equal to 10% of the General Fund's annual revenues. 5.02.020 Enterprise Funds. A. The city's Enterprise Funds are used to account for operations that are financed and operated in a manner similar to business -like entities and report net position rather than fund balance. The city maintains the following enterprise funds: 1. Harbor 2. Seward Marine Industrial Center 3. Parking 4. Electric 5. Water 6. Wastewater 7. Healthcare, and 8. Seward Mountain Haven. B. The enterprise funds should maintain a minimum unrestricted net position reserve of three months operating to provide for uninterrupted services and for each fund to cover the costs of their operations. C. Net position can be restricted by external parties or legal restrictions. In the event that either restricted or unrestricted net position can be used for a specific outlay the city will use restricted net position before unrestricted net position. 5.02.030 Internal Service Funds. The city has established two internal service funds to account for services provided internally to city departments and employees. A. The motor pool fund's net position is unrestricted but allocated for the replacement of city heavy equipment and vehicles. The motor pool fund has the authority to loan money to other funds, but all amounts must be repaid with interest considered reasonable at the time of the loan. B. The accrued leave fund's net position is unrestricted but allocated to fund the annual liability of unpaid vacation leave due to all city employees. 54 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.02.040 Capital Acquisition Projects Funds. A. The city maintains several capital project funds. These funds maintain fund balance which is either assigned or committed for specific capital projects. B. The capital acquisition fund, fund balance is assigned for capital purposes by the city council. 1. The city will designate 50% of the previous fiscal years' General Fund's positive change in fund balance into the Capital Acquisition Fund in any year where the General Fund balance is within the band of established fund balance reserves as described in section 5.02.010. The allocation of surplus funds from the General Fund to the Capital Acquisition Fund will occur only to the point where General Fund unassigned fund balance continues to exceed 3 months to 6 months'- oLreserves after the transfer. 2. Capital replacement funds are to be restricted and distributed only for major capital outlay expenditures, which are defined as those in excess of $20,000.00. Chapter 5.05. - Budget 5.05.005 — Budget assumptions. A. The City of Seward operates on a traditional biennial budget beginning on January 1st and ending on December 31 st of each odd year. B. By the first Friday in September of each even year the city manager shall present to the council an overview of preliminary budget assumptions for a budget period containing the next two fiscal years. These preliminary budget assumptions will address, by fund, revenue projections, tax and utility rates, program additions or deletions, wages and benefits, and any other issues having potential effects upon the City's overall financial condition. 5.05.010. — Budget proposal. A. The city manager shall present to the council a budget proposal for the next two fiscal years of the city at least 45 days prior to the next biennial fiscal year. Such budget proposal shall set forth the city manager's recommended tax rate based on an analysis of the anticipated income and expenditures of the city for the next two fiscal years. B. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. C. Unencumbered funds remaining at the end of each fiscal year may be reallocated for purposes set forth in the budget proposal. D. Six year program for capital improvements. 1. The city manager shall submit a six year program for capital improvements for the following six fiscal years with each budget proposal. The program shall include estimates of the effect of capital improvement projects on maintenance, operation, and personnel costs. 2. The proposed capital budget will be presented by the city manager as a separate section of the biennial budget. The capital budget shall show expenditures during the ensuing budget period, detailed by offices, departments and agencies, when practicable, and the proposed method of 610 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 financing each such capital expenditure. The city managger shall include the budgets for mayor/council and city clerk as presented by the city clerk. E. The council shall by June 15 of each year present to the borough assembly a statement of the city's rate of levy, unless a different date is agreed upon by the borough and city. 5.05.015. - Review; hearing; adoption. A. Review. The budget proposal of the city manager shall be reviewed by the city council and shall be available for public inspection in the office of the city clerk. Except as provided by SCC 2.92.090, or by other provisions of city, state, or federal law, the public shall be given full, free, and unrestricted access to all municipal documents and records, including drafts, prepared by or for the city or city council in connection with annual operating and capital budgets. Public access to budget preparation materials shall not be restricted or denied by any city official or employee on the basis of any claim of executive or deliberative process privilege. B. Hearing. Council shall direct at least two public hearings on the biennial budget proposal, the first public hearing shall be held no sooner than 474 fourteen (14) days after the budget is presented to council. The second public hearing shall be held not less than one week before its final adoption. Notice of the public hearing shall be published in a newspaper by the city clerk at least one week prior to the date of each hearing. C. Adoption. At a regular meeting held not less than ten 10 days prior to the end of the even fiscal year, the council shall, by resolution, adopt a budget for the next two fiscal years and make appropriation of the money needed therefore. If the council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, the budget proposal as presented to the council by the city manager shall be deemed to be the budget for that fiscal year and shall be held to make an appropriation therefor without any further council action. 5.05.020. - System of accounts. All city accounts shall be kept in the form prescribed by the budget. 5.05.025. - Contingent accounts. The budget may contain contingent accounts which shall read as follows: "The contingent account of the city shall be expended only on written authorization of the city manager for items for which no provision or insufficient provision has been made by the appropriations contained in the budget." Expenditures from the contingent account shall be reported monthly in the finance director's report to the council. 5.05.030. - Unencumbered balances of appropriations. A. The necessary accounting records shall be maintained to reflect the unencumbered balances of all appropriations. In determining the unencumbered balances of appropriations, the estimated amounts of commitments for goods or services ordered but not paid for shall be taken into consideration, and the finance director shall submit to the council and the city manager a monthly report of all unencumbered balances. 67: CITY OF SEWARD, ALASKA ORDINANCE 2023-005 B. Unencumbered appropriation balances may be transferred to any department by the city manager at any time. At the request of the city manager, or on its own initiative, the council may transfer unencumbered balances from one office, department or agency to another. C. The city manager shall submit periodically to the council information comparing estimated and actual revenues and expenditures to the end of the preceding month. Chapter 5.15. - Investment and Collateralization of Public Funds 5.15.010. - Purpose. This chapter is intended to govern the investment and collateralization of funds under the control of the City of Seward. This chapter shall not apply to any funds controlled by a separate trust indenture. 5.15.015. - Definitions. For the purposes of this chapter, unless the context otherwise requires, the terms listed below shall be defined as follows: Authorized investment. Means an investment as defined in section 5.15.020 of this code. Bank. Means a state or federally chartered commercial or mutual bank, savings and loan association or credit union located in the United States and having insurance of accounts through the appropriate federal insuring agency of the United States. Certificate of deposit. Means a non-negotiable certificate of deposit or other depository agreement issued, or to be issued, to the city by a bank. City. Means the City of Seward, Alaska. Rated bank. Means: (1) A bank, all of whose debt issues are rated at least "A" or its equivalent by a nationally recognized rating service; (2) A bank whose letters of credit secure third -party debt issues rated at least "A" or its equivalent by a nationally recognized rating service; or (3) A bank which is a subsidiary of a one -bank holding company, all of whose commercial paper has the highest rating given by a nationally recognized rating service, or whose debt issues are rated at least "A" or its equivalent by a nationally recognized service. 5.15.016 Authorization. A. The city manager is authorized to work with the finance director to open and/or close bank accounts with approval of the city council. B. The city manager is authorized to work with the finance director to make investments on behalf of the city, following the guidelines outlined in this chapter. 5.15.020. - Authorized investments. In order to provide maximum security for the investment of public funds and to provide the greatest interest revenue consistent with safety, only the following investments of the city's funds will be authorized: 57 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 A. Obligations of, or obligations insured or guaranteed by, the United States or an agency or instrumentality of the United States; B. Commercial paper maturing within nine (9) months issued by corporations or businesses and having the highest rating of a nationally recognized rating service; C. Banker's acceptances accepted by a rated bank and eligible for rediscount with, or purchase by, federal reserve system banks; D. Negotiable certificates of deposit issued by rated banks; E. Certificates of deposit in a bank, provided that, if at any time the city shall have on deposit in any one bank an amount in excess of the limits of federal insurance, including all principal and accrued interest, then the amounts which exceed the limits of federal insurance shall be secured as provided in section 5.15.025 of this Code; F. Repurchase agreements with: 1. The city's bank of account and which are entered into in conjunction with the city's zero - balance ("sweep") demand deposit account and secured by obligations insured or guaranteed by the United States or agencies or instrumentalities of the United States; or 2. Rated banks or primary dealers in government securities and secured by obligations insured or guaranteed by the United States, or agencies or instrumentalities of the United States, with the collateralization to be assigned as provided in section 5.15.025 of this Code; G. Federally insured deposits in banks or deposits collateralized by eligible collateral as described in section 5.15.025. H. Investments through the Alaska Municipal League Investment Pool, Inc., an investment pool and nonprofit corporation established under AS 37.23. 5.15.025. - Collateral required to secure deposits. A. Eligible collateral. Deposits in excess of insurance of accounts through the appropriate federal insuring agency of the United States, must be secured by collateral valued as set forth in this chapter and conforming to the other requirements of this section. 1. The following collateral will be accepted and valued at current market value, determined by the bank (subject to audit by the city). Pledged collateral shall be reevaluated at least monthly at the then -current market value, based on the closing bid price as quoted by the Wall Street Journal or a market -maker in the pledged security: a. Obligations of, or obligations insured or guaranteed by, the United States or an agency or instrumentality of the United States; b. General obligation bonds and notes issued and insured or guaranteed by the state of Alaska, an agency or instrumentality of the state, or other political subdivision of the state, which are rated at least "A" or its equivalent by a nationally recognized rating service; C. Revenue bonds issued by the state of Alaska, an agency or instrumentality of the state, or other political subdivision of the state, which are rated at least "A" or its equivalent by a nationally recognized rating service; d. Corporate debt securities rated at least "AA" or its equivalent by a nationally recognized rating service; 58 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 e. General obligation bonds issued by states and municipalities in the United States outside of Alaska rated at least "A" or its equivalent by a nationally recognized rating service. B. Ownership; encumbrance of collateral. Pledged collateral must be owned by the bank and, except for the assignment required under subsection (d) of this section, the bank must keep the pledged collateral free and clear of liens, security interests or encumbrances and will not release, assign, sell, mortgage, lease, transfer, pledge or grant a security interest in, encumber, substitute or otherwise dispose of or abandon any part or all of the pledged collateral without the written authorization of the city. C. Substitution of collateral. 1. Notwithstanding any other provisions of this chapter, the city reserves the right to review, from time to time, any and all collateral proposed or submitted by a bank to secure deposits, and if the city determines that the collateral does not meet the requirements of this chapter, or otherwise determines that the public funds are not adequately secured by the collateral, the city may demand additional collateral or substitution of collateral. 2. The additional collateral or substitution of collateral may be demanded if the aggregate value of the federally insured portions of certificates of deposit and the value of pledged collateral, as determined pursuant to subsection (d) of this section, falls below or is less than the total amount of principal and interest due upon maturity of deposits held by a bank. 3. In the event any other property pledged by the bank no longer is eligible as collateral to secure the deposits, the bank shall, within three business days, notify the city, in writing, of the decline in value and/or loss of acceptable credit rating and shall pledge either additional or substitute collateral meeting the requirements of this chapter. D. Security agreement; tri-party agreement. 1. A bank holding deposits shall enter into a security agreement with the city for all property pledged as collateral and which shall assign to the city the banws interests in the property. The security agreement shall identify all property pledged to the city and shall set out the authority of the city to demand a substitution of collateral and to exercise assignment or other rights under subsection F. of this section. The security agreement shall be at the expense of the bank holding the deposits. 2. Collateral pledged by a bank shall be kept in escrow accounts with another bank ("escrow bank") acceptable to the city pursuant to an agreement between the bank, the escrow bank and the city. The agreement shall give the city control over pledged collateral submissions to, and withdrawals from, the escrow account. The receipt of the collateral by the escrow bank shall be further evidenced by telephonic assurance, provided to the city within twenty-four hours of receipt of collateral, and a depository receipt received by the city within a reasonable time following award of the bid or notification or demand for substitute collateral. The escrow agreement and arrangements and maintenance thereof shall be at the expense of the bank holding the deposits. E. Reports; access to records. 6T] CITY OF SEWARD, ALASKA ORDINANCE 2023-005 1. A bank bidding on certificates of deposit, or having outstanding certificates of deposit, shall, within 45 days of the end of each fiscal quarter, provide the city access to its balance sheet prepared in accordance with generally accepted accounting principles consistently applied; or, if a bank does not prepare its reports in accordance with generally accepted accounting principles, the reports prepared in accordance with state or federal regulatory requirements shall be available to the city. 2. On or before the tenth day of each month, a bank which has outstanding certificates of deposit shall deliver to the city's finance director of the city a list, prepared as of the last day of the previous month and certified by an officer of the bank, setting forth the principal amount and then -current market value of all pledged collateral. 3. The city shall, to the extent not expressly prohibited by law, at all times during normal business hours have free access to, the right of inspection of, and the right to make extracts from, any records of the bank relating to part or all of the collateral, and the bank will deliver to the city the originals or true copies of such papers and instruments relating to any or all of the collateral as the city may request. 4. Upon request, a bank bidding on certificates of deposit, or which has outstanding certificates of deposit, shall provide the city with reports of examinations by state or federal regulatory agencies and reports by the bank's independent auditors. F. Noncompliance. 1. In the event a bank defaults in the payment of principal or interest due upon maturity of a certificate of deposit, or otherwise fails to comply with the provisions of this chapter, including the security and escrow agreements provided for in subsection (d) of this section, the city may: a. Call all or a portion of the certificates of deposit issued by the bank; b. Sell, exchange, transfer or otherwise dispose of the pledged collateral to recover the principal and interest due upon maturity of the certificate of deposit and all costs incurred by the city as a result of the sale, exchange, transfer or disposal; c. Take other action available under the security and escrow agreements provided for in subsection (d) of this section; or d. Take other action available to it at law or equity. 2. To the extent not prohibited by law, the bank shall hold the city harmless from any forfeiture or loss of interest or other penalty or cost, including attorney fees, imposed upon or incurred by the city by reason of its early withdrawal of any or all certificates of deposit issued by the bank. 5.15.030. - Certificates of deposit restrictions. After reviewing a bank's financial position and determining that the limit is necessary to assure the safety of city funds, the city may limit the total amount of principal and interest due upon maturity of all certificates of deposit issued by that bank. 60 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 Chapter 5.20. - Improvement Districts Clerk's Note: Chapter 5.20 is not being updated at this time (with the exception of5.20.120 which is being struck on advice of the recodification attorney). This section will come to council in the future as a standalone ordinance from administration. 5.20.010. - Authority. A special improvement district may be initiated either by council or by petition for any public improvements. 5.20.015. - Initiation. (a) Initiation by petition. Improvement districts and assessments may be initiated by petition in a form prescribed by the city manager which shall include a description of the improvement sought by the petition. The original or copies of the petition shall be signed by the owners of property which will bear at least 50 percent of the estimated cost of the improvement sought by the petition. The petition, when signed, shall be filed with the city clerk. (b) Initiation by council. The council by motion or other action may direct the city manager to make a survey and report on a proposed council initiated special improvement district. 5.20.020. - Reports on necessity, cost, etc. Upon receipt by the city manager of the petition from the city clerk, or upon direction of the council, the city manager shall make a survey and report to council concerning the need for and desirable extent and estimated cost of each proposed local improvement. The report shall contain a map or legal description of the proposed district. After completion of the report, a public hearing shall be held. 5.20.025. - Hearings on necessity. (a) Purpose. The hearing shall determine whether the proposed improvement district is in the public interest and necessary. (b) Notice. (1) Notice of the public hearing shall be published in a newspaper of general circulation in the city at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a written notice by first class mail at least 15 days prior to the time of hearing to each owner of property to be assessed. (2) The notice shall include a summary of the improvement, the designation of the properties to be assessed in the special improvement district, the purpose of the public hearing and the time and place fixed for the public hearing. Mailed notices shall include a designation of the addressee's property to be assessed. Each notice shall generally inform the property owner of the manner and method of protesting or objecting to the action to be taken at the public hearing. (c) Written protests. If protests in writing are made by the owners of property who shall bear 50 percent or more of the estimated cost of the improvement, the council shall not proceed with 61 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 the improvement until the protests have been reduced to less than 50 percent, except upon the approval of not less than four members of the council. (d) Changes and revisions. After hearing all interested persons favoring or opposing the proposed improvement, the council may decrease the extent or value of the improvement, and may delete from the district properties not benefited by the improvement. 5.20.030. - Resolution to proceed. After the public hearing is closed, council shall adopt or reject a resolution to proceed with the proposed improvement. The resolution to proceed shall find that the improvement is necessary and will benefit the properties to be assessed. The findings of the council are conclusive. The resolution shall require an account to be kept of all costs of the improvements and direct the proper city official to proceed with design and construction of the improvements subject to acquisition of the necessary financing. 5.20.035. - Computation of assessments. (a) Costs of improvements. The costs of an improvement shall be the actual costs of the improvement, including acquisition of interests in land for the improvement, design, engineering, administration, overhead, professional services, guarantee fund, bond costs and interest incurred as a result of the improvement and all other costs resulting from the construction of the improvement. (b) Method of apportionment. All property included within the improvement district shall be considered and held to be all the property specially benefited by such public improvement and shall be the property to be assessed to pay the cost and expense thereof. Council may determine upon and use any method for spreading the assessment among the properties within the district, which bears a reasonable relationship to the benefit received by the properties. (c) Assessment roll. After the improvement has been completed and the costs of the improvement computed, the city manager shall prepare an assessment roll for the district. The special assessment roll shall contain property descriptions, names of owners of record and assessment amounts. When the assessment roll is completed, the council shall fix a time and place for a public hearing on objections to the assessment roll. 5.20.040. - Hearings on objections to assessment roll. (a) Purpose. The hearing shall provide affected property owners the right to object to the method of apportionment used in the assessment roll. (b) Notice. (1) Notice of the public hearing shall be published in a newspaper of general circulation in the city at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a written notice by first class mail at least 15 days prior to the time of hearing to each owner of property to be assessed. (2) The notice shall include a summary of the improvement, the designation of the properties to be assessed in the special improvement district, the purpose of the public 62 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 hearing and the time and place fixed for the public hearing. Mailed notices shall state the amount of assessment against the particular tract. Each notice shall generally inform the property owner of the manner and method of protesting or objecting to the method of apportionment. (c) Correction to the roll. All persons concerned shall have a right to present their objections to the assessment and to point out errors and inequalities and submit such reasons for amendments and corrections as they may have. Council shall have power to vary the assessments in individual cases where the property assessed is not benefited commensurate with the amount of the assessment. After the council has heard all objections and suggestions, it shall correct all errors. When the roll is finally determined, the city clerk shall so certify. 5.20.045. - Resolution on assessments. After the public hearing and determination of the assessment roll, the council by resolution shall confirm the special assessment roll of the special assessment district. The resolution shall provide for the levy and payment schedule of the assessments. No payment shall be required within 60 days after the resolution. Deferred or installment payments shall bear such interest as the city council may prescribe in the resolution. 5.20.050. - Notice of assessment. Within ten days after final passage of the resolution levying the assessment, the city clerk shall mail, postage prepaid, a notice to the owner of each property assessed, which notice shall designate the property, the amount of the assessment, the time of delinquency and the amount of penalty. Within five days after the notices have been mailed, the clerk shall file his affidavit setting forth such mailing, which affidavit shall be conclusive as to the facts therein set forth. 5.20.055. - Receipts from special assessments. Accounts for special assessment rolls shall be created and maintained in accordance with generally accepted governmental accounting principles. Moneys collected from special assessments shall be used solely to pay the cost of the improvements to which they apply and to the principal of and interest on indebtedness to the city. 5.20.060. - Premature expenditures. No expenditures, other than for administrative engineering and legal work for any local improvement, the cost of which is to be borne by special assessments on the property benefited, shall be made unless the cash is on hand or bonds have been authorized to finance the cost thereof. 5.20.065. - Special assessment bonds —authorized. The council may by ordinance authorize the issuance and sale of special assessment bonds to pay all or part of the cost of an improvement in a district. 63 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.20.070. - Special assessment bonds —guarantee fund. Before the council may issue special assessment bonds, it shall establish a guarantee fund and appropriate to the fund annually a sum adequate to cover any deficiency in meeting payments of principal and interest of bonds issued by reason of nonpayment of assessments when due. In anticipation of delinquent assessments there may be added to each separate assessment appearing on the assessment roll a sum not less than three percent nor greater than ten percent of the assessment. 5.20.075. - Penalty. Penalty for late payment of assessments shall be set in the resolution confirming the special assessment district. 5.20.080. - Assessment of all benefiting property. The council may assess for an improvement any real property, or any interest in real property, and the property specially benefited may include abutting, adjoining, adjacent, contiguous, noncontiguous or other property or interest in property benefited directly or indirectly by the improvement. The property to be assessed may include any property which is otherwise, for any reason, exempt from taxation by law. 5.20.085. - Property owner. The person whose name is listed on the latest tax roll as the owner of the property to be assessed is presumed to be the legal owner of the property. If the property owner is unknown, the property may be assessed in the name of the "unknown owner." No assessment is invalidated by a mistake, omission or error in the name of the owner if the property is correctly described. 5.20.090. - Assessments to be lien on property. Such assessment shall be a lien upon the property assessed from the time the assessment is levied, which lien shall be paramount and superior to any other lien heretofore or hereafter created whether by mortgage or otherwise, except a lien for prior assessments and for general taxes, and shall be payable at such time as city council may prescribe and may be enforced in the same manner provided for the collection and enforcement of general taxes. 5.20.092. - Delinquent assessment installments. Upon the delinquency of an assessment installment there shall be due and payable in addition to the delinquent installment a penalty on the delinquent installment determined in accordance with the resolution confirming the assessment roll. Notice of the delinquency shall be mailed to the owner of record. The notice shall describe the delinquency and state that the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance, shall be due and payable if the delinquent installment, plus penalty and interest, is not paid within six months of the date of the delinquency. A delinquency in the payment of an installment is cured by payment of the delinquent installment, plus penalty and interest, within six months of the date of the delinquency. If a delinquent installment, plus penalty and accrued interest, is not paid within six 64 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 months of the date of the delinquency, the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance, shall be due and payable. 5.20.095. - Foreclosure of liens for unpaid assessments. Liens for unpaid assessments shall be foreclosed and the property sold in the same manner as provided for foreclosure of property for taxes. 5.20.100. - Assessments to be binding. The regularity or validity of assessments as provided herein may not in any manner be contested or questioned by any proceeding whatsoever by any person not filing objections to such assessment roll prior to the confirmation thereof. 5.20.105. - Appeals. The decision of council upon any objective may be reviewed by the state superior court in the manner prescribed by law and city charter. 5.20.110. - Reassessments —Invalidation of original assessment. Whenever an assessment provided for in this chapter is set aside, annulled or declared void, or its enforcement refused by a court of the state or the United States, whether directly or by virtue of a decision of a court, the council may, by ordinance or resolution, make a new assessment of reassessment upon the lots, blocks or parcels of land benefited by the improvement. The reassessment shall be based on the special and peculiar benefit of the improvement to the respective parcels of land assessed at the time it was originally made. 5.20.115. - Reassessments —Valid notwithstanding irregularities. The proceedings required by law to be taken before the making of an original assessment are not required to be taken in connection with a reassessment under this chapter. The reassessment shall be made and become a charge upon the property notwithstanding the omission, failure or neglect of an officer, body or person to comply with the provisions of law relating to improvement and assessment, and whether or not the proceedings of the council or a person connected with the work may have been irregular or defective and whether or not an irregularity was jurisdictional. I CITY OF SEWARD, ALASKA ORDINANCE 2023-005 Chapter 5.22. - Developer Incentive and Reimbursement Program 5.22.010 — Intent. It is the intent of this chapter to permit the city, when funds are available, to reimburse a developer for up to 50 percent of the costs of extending public utilities to the developer's undeveloped property in order to incentivize installation of public utilities and property development within city boundaries. 5.22.020 - Definitions. In this chapter, unless otherwise provided, or the context otherwise requires, the following words and phrases shall have the meaning set forth below: Benefiting property means area or zone which will directly benefit by a specific public utility extension. Cost of extension means the developer's actual direct cost of constructing a public utility extension. Developer means a person who owns undeveloped land located within the city. Program Fund means a fund created expressly to fund the reimbursement and incentive program. Public Improvement is defined in Section 1.5 of the Seward Charter. Public utility is defined in Section 1.5 of the Seward Charter. Special improvement district means an area established under Seward City Code Chapter 5.20. Undeveloped land means tracts or parcels of land that are not part of an existing improvement district and have no significant or substantial improvement, infrastructure, grading, or site development related to residential, commercial, or industrial uses or outstanding building permits. 5.22.035 General. Upon application to the City and approval by the City Council, electric, water, and wastewater utility services may be extended by a developer along a public right-of-way and/or easement. The methods by which utility extensions may be accomplished are as follows: A. Special improvement district. 1. Extensions may be completed by a private developer through the creation of a special improvement district as described in 5.22.020. 2. Reimbursement for the utility extension shall be to the city through the special improvement district language listed in subsections 5.22.020 and 5.22.025. B. Private financing. 1. Extensions may be completed by a private developer who privately finances the utility extension under the terms of an agreement with the City. 2. The agreement with the City may provide for reimbursement to the developer for up to 50 percent of the costs of installing the utility extensions on undeveloped land. 3. A developer is not eligible for reimbursement until the extension has been completed. 66 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.22.045 Special improvement district. When the determination has been made that a city utility infrastructure extension will benefit the community through expansion of residential housing or will benefit the utility system, the City may, at its discretion, and pursuant to Chapter 5.20 of this Code, create a special improvement district and levy assessments against real property benefited by the improvement. 5.22.055 Special improvement district — Reimbursement through partial assessment. A. The city may compute assessments for extensions approved under this chapter at less than the actual cost of the improvements and may levy this partial assessment against the benefiting properties in the special assessment district using the procedures for apportionment and preparation of the assessment roll set forth in Chapter 5.20. B. The partial assessment may be for 50 percent or more of the cost of acquiring, installing, designing and/or constructing capital improvements. C. The partial assessment will be a lien on the benefitting property and shall be paid to the city when the property is sold. 5.22.065 Utility extensions by developer. The following process shall be followed by a developer desiring to extend or expand a city utility system: A. Written request. The developer shall file with the city a written request to extend or expand a city utility system. B. Agreement. The developer is required to sign an agreement that has been approved by the city manager and addresses the following provisions for construction of the utility extension: 1. Design and construction costs. If the proposed utility extension is approved, the developer shall provide and pay for all design, professional engineering, labor, materials, equipment, full-time inspection services by a professional engineer, and other costs related to the design and construction of the requested utility extension. All plans, specifications and construction contracts shall be subject to approval by the City and shall comply with all applicable city standards. 2. Bond required. a. The developer shall post performance and payment bonds to assure completion of the project, free of all encumbrances and shall, before acceptance of the utility system by the city, post a bond for assuring a one year guarantee against defects in workmanship or materials. b. During the one year guarantee period, the city shall notify the developer of any defects, and the developer shall make timely corrections or repairs as needed, provided, however, that in the case of emergency repairs, the city may make repairs and be reimbursed by the developer. c. Repairs made by the developer during the one year guarantee period shall be guaranteed by the developer for one year from the date the repair is made. 3. As -built drawings required. 67 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 a. As -built construction drawings shall be submitted by the developer to the city within thin 301 days of completion of construction, and prior to acceptance of the project. b. The as -built drawings must be in electronic format as specified by the city and shall be verified by field survey by an Alaska -licensed professional engineer at the developer's expense. c. During the course of construction, city personnel are to be provided site access for the purpose of observation and inspection. 4. Ownership. a. Ownership of all utility lines and facilities within the easements or rights -of -way shall become the property of the city after construction of the utility system has been completed and the city has accepted the project. b. The system(s) will thereafter be maintained by the city, subject to the one year bond against defects in workmanship and materials. 5. Testing. a. The city shall witness the testing of any utility installation. b. The city shall assess a fee for witnessing the testing of the utility installation on the basis of time and materials. c. In the event repeated tests are necessary to approve and certify the system, a fee to witness the tests shall be charged to the developer on the basis of time and materials for each additional test. d. The city shall also assess a fee for any additional inspection which is done by the city in connection with the utility system installation. 6. Marketing. The developer shall offer all lots to which utilities have been extended for sale upon city acceptance of the utility extensions. 7. Reimbursement. a. Subject to the prior appropriation or approval of the city council, the agreement may contain a provision providing for reimbursement of design and construction costs up to a specified amount not to exceed a maximum amount of 50 percent of design and construction costs from a program fund. b. Reimbursement shall only be included in the agreement if the utility extension is to Undeveloped Land. c. Reimbursement shall be conditioned on proof of compliance with all provisions of this chapter. C. Expanded capacity. 1. The city may, at its discretion, require the developer to install higher capacity water or sewer lines or facilities than are required to serve just the developer's needs. 2. If the city requires a higher capacity line or facility than is needed by the developer, the city shall reimburse the developer for the additional costs associated with the larger line. 68 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.22.075 Application required. A. In order to be eligible for consideration for reimbursement, the developer must submit the required application prior to beginning work on any utility extension to the undeveloped property- B. The application must be completed in full and the filing fee paid in full. C. The citV clerk will submit a notice of filing to the applicant and the city manager within ten 10 days of receiving the application so long as the application sections have been completed, the application is signed and dated, and the application fee has been paid in full. 5.22.085 Application content. The developer's application shall include the following: A. A statement of the properties owned by the developer. B. The total estimated cost of installation of the improvement. C. Disclosure of any outstanding liabilities owed to any public utilities, contractors or other persons on or regarding the property. D. Disclosure of any violations regarding safety, health, or land use laws applying to the subject property- E. Details regarding the purpose and use of developer's property and the ways in which the use promotes the public interest and complies with the city comprehensive plan. F. A statement by the developer that the city council may reimburse all, none or a portion of the pro -rated share of the improvements under Title 5 and the developer accepts the developer's obligation to pay the pro -rated share of the assessment. 5.22.095 Approval process. A. No more than three regularly scheduled council meetings after receiving the notice of filing and complete application from the clerk, the city manager shall submit a written memorandum to council, which includes a recommendation to approve or deny the application, a recommended amount of reimbursement, if any, and a statement regarding the reasons for granting or denying the application. B. Along with the written memorandum, the city manager shall prepare a resolution for council consideration. The legislation provided to council shall include: 1. The reimbursement amount; 2. The estimated project amount; and 3. Appropriation of funds. C. Council shall adopt, change the amount of reimbursement, or deny the city manager's recommendation by resolution. D. Council's decision to reject or accept the recommendation shall be the final decision by the city. 69 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.22.105 Completion report. Following project completion, the developer shall submit a completion report that includes an itemized report, with supporting documentation, of the actual direct cost of the utility extension to the developer. 5.22.115 Reimbursement. A. No more than two regularly scheduled council meetings after the city manager receives the completion report from the developer, the city manager shall submit a reimbursement request to the finance department for the amount listed in the approved resolution. B. If the final amount of the project exceeds the amount listed in the approving legislation, the city manager shall prepare a second piece of legislation for council consideration. The legislation shall include: 1. The final project amount; and 2. An additional appropriation of funds. C. Council shall adopt or deny the city manager's recommendation. D. Council's decision to reject or accept the recommendation shall be the final decision by the city. 5.22.135 Notice of lack of funds. In the event no are available for the program, a notice of the lack of funding shall be posted on the city website. Chapter 5.25. - Municipal Service Areas 5.25.010. - Created. (a) Two service areas within the city are hereby created, denominated zone one and zone two, with municipal services within each zone being as follows: (1) Zone one may receive all municipal services; (2) Zone two may receive all municipal services except sewer, water, and fire protection. (b) The providing of municipal services is within the discretion of the city council and subject to its determinations. The services provided in each zone, listed above, are general guidelines only, and exceptions may be made by the city if circumstances warrant or require exceptions. 5.25.015. - Areas designated. (a) These zones are described as follows: (1) Zone one shall be that area within the city limits included in the following sections: Sections 27, 28, 33, 34, Township 1 North, Range 1 West; Sections 3, 4, 9, 10, 15, 16, Township 1 South, Range 1 West; Seward Meridian. (2) Zone two shall be that area within the city limits included in the following sections: Section 35, Township 1 North, Range 1 West; Sections 1, 2, 11, 12, 13, 14, Township 1 South, Range 1 West; and Sections 7, 8, 9, 16, 17, 18, Township 1 South, Range 1 East; Seward Meridian. 70 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 (b) All areas brought into the city by future annexations shall be in zone two until reclassified by ordinance. 5.25.020. - Differential tax levied. There shall be a differential tax rate levied in each zone, and that rate shall be related to the estimated cost of services provided in that zone. Chapter 5.30. - Personal Property Tax 5.30.010. - Method of assessment. All taxable property must be assessed at its true and full value, and all assessments shall be uniform and equal and based upon the actual value of the property assessed. Chapter 5.35. - Sales Tax .. ..JI 1 1 1 111 1 1 01 1 1 ... r`i CITY OF SEWARD, ALASKA ORDINANCE 2023-005 MONSOON I „. r`a CITY OF SEWARD, ALASKA ORDINANCE 2023-005 R-etailep. -A.4-leans ever-y per -son engaged in the business of making retail sales of tangible OF Sdf-e a-.t ove W Means a sale to a eonsumer- or- to any per -son for- any pur-pose iH the form of taHgible per-soHal property, other- thaH for- r-esale, or- ser-viees taxable ttHdef-- this ehapter-, and ineludes any tr-ansnetion as the eity manager-, upon investigation, finds to be ift liett of a sale. Sales for- r-esale must be made ift str-iet eOMplififfee With this ehftpter-. Affy per -son making a sale for- r-esale whieh is not in neeor-danee with this ehapter- shall himself be liable for- paymefit of the tax. "Retail sale" or- "sale at retail" ifieludes but is fiot limited to.2 (1) Cash or- in kind eonsider-ation for- the sale or- ehar-ges for- any room or- r-ooms, are r-egular-ly fur-nished to transients or- residents for- eonsider-ation. in ease of sl ; (2) Sales of tafigible per-soHal property to per-soHas for- r-esale if-, beeause of the operation of the business or- its very natur-e, or- the laek of a plaee of business i whieh to keep r-eeor-ds, or- the laek of adequate r-eeor-ds, or- beeause the per -sons are efigaged ift essefitially ser-viee busifiesses, or- for- afty other- r-easoH, there is likelihood that the ei will lose tax funds due to the diffietilty of polieing the business eolleet the tax imposed by this ehapter- on the eost pr-iee of the tangible per -so (4) The pur-ehase of supplies and equipment used or- eonsumed in the fabr-ieating of an Nak-• , who fur-nish, either- dir-eetly or- indir-eetly, the materials used in fabr-ieation; and the seller- r-etains title as seetir-ity for- the payment of the eost pr-iee is a sa of tangible personal property, any lease or- r-eilittall of property, a lition of a eonsumption or- distr-ibution in this eity, or- for- any pur-pose other- than the sale at retail ia Tangibk pemonal ppopepty-. Means personal property whieh May be seeH, Weighed, 73 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 WN ►QssM;rv�- — •Brti�► 5.35.010. -Imposition of sales tax. A. There is levied and imposed upon all sources taxed by the Kenai Peninsula Borou,-h, and in the manner provided by the borou,-h in its present code of ordinances Chapters 5.18 and 5.19 as amended from time to time, and in addition to all other taxes and fees of every kind now imposed by law, a consumer's sales tax on all retail sales of tanzible personal property, the lease or rental of tanzible personal property or real property, and the purchase of taxable services, the same to be collected in the amount of four percent of the gross proceeds of each taxable sale or taxable service. B. The oblization to pay the sales tax is on the purchaser, consumer, renter, or lessee. The seller, retailer, dealer, service provider, lessor, and all persons makinz a retail sale, shall collect the sales tax at the time of payment for the retail sale, taxable sale, or taxable service, and shall remit all sales taxes collected under this chapter to the Kenai Peninsula Borou,-h in accordance with AS 29.35.170 and Chapter 5.18 of the Kenai Peninsula Borou,-h Code. 5.35.015. - Incorporation of borou,-h sales tax ordinance - Administration. Unless otherwise Provided in this chapter. Chapters 5.18 and 5.19 of the Kenai Peninsula Borou,-h Code of Ordinances is incorporated herein as if fully set forth; provided that provisions of the borou,-h ordinances shall be read to apply to the City of Seward whenever the reference to the city is appropriate and the context requires it. In the event of any conflict between Provisions of Chapters 5.18 and 5.19 of the Kenai Peninsula Borou'-h Code of Ordinances and the Provisions of this Chapter the Provisions of this Chapter shall control. The Kenai Peninsula Borough shall assess and collect the sales and use taxes levied by this chapter in accordance with AS 29.35.170 and Chapters 5.18 and 5.19 of the Kenai Peninsula Borough code of ordinances. 5.35.020. - Secrecy of information. Except in accordance with proper judicial order, and except incident to necessary communication with city officials or attorneys, or as provided by law, it is unlawful for the city manager or any agent, auditor, or other officer or employee to divulge or make known in any manner the amount of sales, the amount of taxes paid, or any other particulars set forth or disclosed in any return required by this chapter. Nothing in this chapter shall be construed to prohibit the publication of statistics so classified as to prevent the identity of particular reports or returns and the items therein, or to prohibit the inspection by the legal representative of this city of the report or return of any taxpayer who applies for a review or appeal from any determination or against whom an action or 74 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 proceeding is about to be instituted or has been instituted to recover any tax, penalty, or interest imposed by this chapter. 5.35.025. - Exchange of information with tax officials. Notwithstanding the provisions of § 5.35.020, the city manager may furnish to the tax officials of the state or its political subdivisions, or any other state and its political subdivisions, the District of Columbia, and the United States and its territories, any information contained in tax returns and reports and related schedules and documents filed pursuant to this chapter, or the report of an audit or investigation made with respect thereto; provided that said jurisdictions grant similar privileges to this city and that the information is to be used only for tax purposes. 5.35.030. - Personnel, supplies, equipment, and other expenses. The city manager may employ all necessary personnel, purchase supplies, purchase or rent equipment and incur other expenses necessary for the administration of this chapter. . , .. .. . IN rwp� 11 5.35.040. - Exclusion and exemptions. "Retail sale," "sale at retail" or "sale" does not include: (1) Casual, isolated sales of property and services or the rental of personal or real property not in the regular course of the business of the seller; (2) Hospital services and medical services performed by licensed medical doctors, dentists, osteopaths, optometrists, chiropractors, state -licensed private nurses, speech and hearing pathologists, physical therapists, acupuncturists, state -licensed psychologists, psychological associates, and licensed clinical social workers, and retail sales of medicinal preparations, drugs or appliances under a written prescription from one of the foregoing; NO CITY OF SEWARD, ALASKA ORDINANCE 2023-005 (3) Retail sales, services and rentals to religious and charitable organizations in the conduct of their regular religious and charitable functions and activities as defined by the revenue laws of the United States; (4) Retail sales, services and rentals to or by nonprofit schools, in the conduct of their regular functions and activities; (5) Subscriptions to newspapers and periodicals; (6) Retail sales, services and rentals to the United States, the State of Alaska, or any instrumentality or political subdivision of either; (7) Dues or fees to clubs, labor unions, and fraternal organizations; (8) Sales of animal food, seed, plants and fertilizers to farmers using such commodities to produce goods for sale; (9) Retail sales of real property. Services performed by a real estate broker or agent are not exempt under this chapter; (10) Retail sales or rents which the city is prohibited from taxing by the constitution or laws of the United States or the State of Alaska; (11) Services performed by morticians licensed under AS 08.42.020, and retail sales of funeral supplies by such persons; (12) Receipts of nonprofit schools and student organizations within the schools for extra- curricular activities or events; (13) Sales and services by banking institutions and savings and loan institutions in the ordinary course of business of banking and savings and loan operations; (14) Purchases made with food coupons, food stamps, or other type of certificate issued under 7 U.S.C. 20112025 (Food Stamp Act). (15) housing rental payments by seniors, disabled residents, and disabled veterans made under the following conditions: rental payments for a dwelling unit for a permanent place of abode by a resident who is at least 65 years of age, or who is a disabled veteran or a disabled resident. Disabled veteran has the meaning provided in Kenai Peninsula Borough Code ("KPBC") section 5.12.105F.3., and the term disabled resident has the meaning provided in KPBC section 5.12.110, as those provisions are now enacted or may be hereinafter amended. Dwelling unit means a house, apartment, or room in a residential facility such as congregate housing or assisted living. Permanent means the tenant has lived within the Kenai Peninsula Borough for a minimum of six months and is a resident of the State of Alaska. The landlord must accept an affidavit on a form provided by the Kenai Peninsula Borough ('Borough") or otherwise acceptable to the Borough administration from the tenant as proof of age and eligibility for this exemption. If any person under 65 years of age, other than a spouse, resides in the dwelling unit with a qualifying senior, the exemption may not be granted unless the senior is the principal source of support for such person less than 65 years of age, or unless the person qualifies as a disabled veteran or a disabled resident. This exemption shall also apply to a resident at least 60 years old who is a widow or widower of a person who qualified for this exemption as a senior citizen or a disabled veteran. Policies and procedures for obtaining this exemption shall be as established by KPBC section 5.18.200A.16. M1. CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.35.045. - Computation —maximum tax. The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction. The payment of rent, whether for real or personal property, in excess of $500.00 and for more than one month shall be treated as several separate transactions covering the rental for one month each. A transaction involving payment for services or personal property to be rendered or delivered over a period of more than one month for a consideration in excess of $500.00 shall be treated as several separate transactions occurring one each month over the period of time that the service or property is rendered or delivered. 5.35.050. - Repealed by Ord. No. 2002-13, § 2. Wall ., ., ., •Mi MW 5.35.065. - Refund of taxes. (a) If a taxpayer pays sales and use taxes under protest, he may bring suit in the Superior Court against the City for recovery of the taxes within six moHths thirty (30) days of denial of a timely filed claim for refund. If judgment for recovery is given against the City, the City shall refund the amount of the taxes to the taxpayer. (b) If a remittance by a taxpayer through error or otherwise exceeds the amount due under this chapter, and the City or the Kenai Peninsula Borough, on audit of the account in question, is satisfied that this is the case, the City shall refund the excess to the taxpayer. A claim for refund filed after- three year-s from Deeember- 31 of the year- iH whieh the taxes beeame due and payable is for -ever- . is barred unless the claimant files a claim for refund with the Kenai Peninsula Borough within one veer of the Ante of sale. on the form rescribed by the Borou,-h. 77 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 Chapter 5.40. - Visitor Assessment Fee Repealed effective December 31, 1995. Chapter 5.45. - Hotel/Motel Room Tax 5.45.010. - Definitions. As used in this chapter: City manager means the city manager of the city or the designee of the city manager. Guest means a person paying or agreeing to pay monetary consideration for the use of a room or rooms in a hotel/motel for a term of less than 30 consecutive days. Hotel/motel means a structure or portion of a structure located in the city which is rented or offered for rent for a term of less than 30 days for dwelling, lodging or sleeping purposes and includes hotel, motel, bed and breakfast, inn or similar structures, but excludes a structure or part of a structure rented or offered for rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. Operator means a person who furnishes, offers for rent or otherwise makes available rooms in a hotel/motel for monetary consideration whether acting directly or through an agent or employee. Quarter means a three-month period commencing January 1, April 1, July 1 or October 1. Rent means the amount paid as monetary consideration for the use of a room or rooms in a hotel/motel by a guest. Rent includes all monetary consideration payable as a condition of obtaining lodging, regardless of whether the consideration entitles the guest to services other than lodging (for example, meals) where the consideration is payable regardless of whether the guest uses such other services. 5.45.015. - Levy of tax. (a) There is hereby levied a tax on all hotel/motel rent equal to four percent of the hotel/motel rent. (b) Rent paid by the United States or the state is exempt from the tax levied by subsection (a) of this section insofar as the United States and the state are immune from taxation. 5.45.020. - Payment and collection of tax. The guest is responsible for paying the tax levied by this chapter, and the tax shall be due and payable at the time rent subject to the tax is due and payable. The operator shall collect the tax when the operator collects the rent. The operator shall state the tax as a separate item on the guest's bill. 5.45.025. - Tax receipts, returns and records. (a) Title to all tax collected under this chapter vests in the city upon collection. The operator shall segregate the hotel/motel tax that it collects from any of its other funds and safeguard the tax that it collects until transmitted to the city as provided in this section. 78 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 (b) Except as provided in subsection (c) of this section, an operator shall submit to the city manager a return on a form prescribed by the city of the hotel/motel tax collected during each quarter on or before the last day of the month immediately following the end of the quarter. (c) An operator who within the past six months (i) has failed to file either a hotel/motel tax return or pay hotel/motel tax when due, and (ii) has not cured such failure within ten days after the city has mailed written notice thereof to the operator, shall submit to the city manager a return on a form prescribed by the city of the hotel/motel tax collected during each month on or before the last day of the following month. (d) The operator shall sign the return and transmit it together with the related hotel/motel tax on or before the date the return is due. An operator that fails to deliver hotel/motel tax to the city on or before the due date of the related return shall incur a penalty equal to ten percent of the amount of the delinquent hotel/motel tax. In addition, the delinquent hotel/motel tax shall bear interest at a rate of ten percent per year, compounded monthly, from the date of delinquency until paid. (e) Every operator shall maintain records of all hotel/motel rooms rented, rent collected and rent exempt from hotel/motel tax, and such other books and accounts as are necessary to determine the amount of hotel/motel tax the operator is required to collect. All such books and records shall be maintained for a period of not less than three years and shall be available for examination at reasonable times by the city manager to determine the correctness of a return or the amount of hotel/motel tax payable or collected. (f) When an operator fails to file a return as required by subsection (b) or (c) of this section, or when the city manager finds that a return filed by an operator is not supported by the records to be maintained under subsection (e) of this section, the city manager may prepare and file a return on behalf of the operator. Hotel/motel tax estimated on a return filed on behalf of the operator under this subsection may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the hotel/motel tax stated on the return as well as the penalties and interest provided in subsection (d) of this section and in section 5.45.040 of this chapter. 5.45.030. - Confidentiality of returns. (a) All returns filed under this chapter and all data obtained from such returns are confidential and may not be inspected by persons other than those authorized to enforce the provisions of this chapter. (b) Subsection (a) of this section does not prohibit the city from collecting or publishing statistical data devised from returns filed under this chapter, provided that the data are cumulative and do not identify particular returns or operators. 5.45.035. - Operator's certificate of registration. (a) No person may engage in business as a hotel/motel operator in the city without first obtaining a certificate of registration under this section. A separate certificate is required for each of an operator's hotel/motel locations. 79 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 (b) An operator shall apply to the city clerk for a certificate of registration on a form prescribed by the city not later than ten days from (i) the later of the effective date of this chapter and the date of commencement of its business as an operator, and (ii) the date it commences business at a new hotel/motel location. (c) The certificate of registration shall be displayed prominently at the registered place of business. (d) A certificate of registration may not be assigned or transferred. If an operator ceases to engage in business as an operator at the registered place of business or changes its form of business organization, the certificate of registration expires and shall be surrendered to the city clerk for cancellation. 5.45.040. - Prohibited acts, collections, penalty. (a) No person may fail or refuse to pay the tax imposed by this chapter to an operator authorized to collect the tax. (b) An operator may not advertise or state to the public that the hotel/motel tax or any part thereof will be assumed or absorbed by the operator, will not be added to the rent, or will be refunded. (c) Hotel/motel taxes due but not paid, or collected but not transmitted to the city, may be recovered in an action at law against the operator. Tax returns shall be prima facie proof of taxes collected but not transmitted. (d) An operator who willfully fails to collect the tax levied by this chapter shall be subject to a civil penalty equal to twice the amount of the tax which should have been collected. 5.45.045. - Regulations. (a) The city manager may adopt regulations upon approval by the city council applying and interpreting this chapter and may prescribe forms required for the administration of this chapter. (b) A guest or an operator may apply to the city manager for a ruling on the application of this chapter to the guest or operator. If the city manager determines that such a ruling has general application, it may be adopted as a regulation upon approval by the city council. Chapter 5.50. - Real Property Tax 5.50.010. - General. (a) All real property in the city is subject to annual taxation by the city except real property exempt under the constitution of the state, the applicable laws of the state, ordinances of the Kenai Peninsula Borough, the City Charter or the ordinances of the city. (b) The council shall annually determine the rate of levy before June 15. (c) The Kenai Peninsula Borough shall assess and collect the real property taxes levied by the city in accordance with AS 29.45 and Chapter 5.12 of the Borough Code of Ordinances now in effect and as each may hereafter be amended. 80 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 5.50.021. - Exemptions. (a) Exemption for exterior aesthetic enhancement. (1) Purpose. The purpose of this subsection is to encourage owners to improve the exterior aesthetic quality of their real property. (2) Exterior aesthetic enhancement. a. An owner of real property may apply to the city for an exemption from that portion of city real property taxes resulting from an increase in assessed value of improvements to real property if the increase in assessed value is directly attributable to alteration of the natural features of the land or new maintenance, repair or renovation of an existing structure, and if the alteration, maintenance, repair or renovation, when completed, enhances the exterior appearance or aesthetic quality of the land or structure. An exemption may not be allowed under this subsection for the construction of an improvement to a structure if the principal purpose of the improvement is to increase the amount of space for occupancy or nonresidential use in the structure or for the alteration of land as a consequence of construction activity. b. An exemption provided in this subsection shall continue up to four years from the date the improvement is completed, or from the date of approval for the exemption by the local assessor, whichever is later. c. In order to qualify for this exemption, an applicant must file with the city manager a written application within 30 days after the mailing of the Kenai Peninsula Borough notice of assessment for the year which the exemption is sought. The application shall be on a form prescribed by the city manager, and shall include all information deemed necessary to determine eligibility of the property for the exemption. If the applicant fails or refused to provide the information required by the city, within the time period set, the exemption shall be denied. (b) Exemption for fire fighting and emergency medical service volunteers. (1) Partial exemption. An owner of real property may apply to the city for an exemption from city taxation in an amount not to exceed $10,000.00 of the assessed value of real property owned and occupied as a permanent place of abode by a city resident who provides in the city (a) volunteer fire fighting services and is certified as a fire fighter by the Alaska Department of Public Safety, or (b) volunteer emergency medical services and is certified under AS 18.08.082. If two or more individuals are eligible for an exemption for the same property, not more than two exemptions may be granted. This exemption applies only to city real property taxes. (2) Qualifying for this exemption. a. To obtain this exemption, an individual must complete an application in the form prescribed by the Kenai Peninsula Borough Assessor ("assessor"), and shall include all information deemed necessary to determine the eligibility of the applicant and the real property for this exemption. An application must be filed annually with the assessor no later than January 15 of the tax year for which the exemption is sought. b. In order to qualify for this exemption, an applicant must be certified as a current and active volunteer of the Seward Volunteer Fire Department by the fire chief and meet 81 CITY OF SEWARD, ALASKA ORDINANCE 2023-005 the other criteria established by this section as of January 1 of each assessment year for which the exemption is sought. The city will submit the names of current and active volunteers annually to the assessor. c. If more than one individual is eligible for an exemption for the same property, each individual must submit an application. If the applicant fails or refuses to provide the information required by the fire chief, the assessor, or this section within the established time period, the exemption shall be denied. (3) Definitions. For purposes of this section, the following terms shall have the meanings given below: a. "Real property, " "own and occupy, " and 'permanent place of abode" shall have the meanings given to them in Kenai Peninsula Borough Code Section 5.12.105(F); b. "Active volunteer" means a person meeting the training, response, and participation criteria as established by the city's fire department; C. "City resident" means a person who has a permanent place of abode in the city, and who, when absent, intends to return to the city; and d. "Fire chief' shall have the meaning given in Seward City Code §§ 2.25.050 and 9.15.215 and include the fire chiefs designee. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 13th day of March, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 82 Resolution 2023-022: A Resolution of the City Council of the City of Seward, Alaska, Supporting State Legislative Approval for Alaska Railroad Additional Bonding Authority for the Seward Cruise Ship Dock Project Documents: • Agenda Statement • Resolution 2023-022 • Letter to Governor's Office 83 City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council From: Janette Bower, City Manager Subject: Resolution 2023-022: Supporting State Legislative Approval for Alaska Railroad Additional Bonding Authority for the Seward Cruise Ship Dock Project Background and justification: In 2022, ARRC was authorized to issue up to $60 million in bonds to replace its aging Seward passenger dock and terminal. ARRC seeks legislative authority to issue an additional $90 million in bonds to support an expanded version of this vital project. Combined with last year's bond authorization, ARRC can pursue $150 million for a generational port project (new pier and terminal facility) that will meet future visitor market demands and serve Alaska for decades to come. The project will be fully funded by ARRC through a multi -year berthing agreement with Royal Caribbean Group (RCG) that features an annual revenue guarantee. Per the railroad's statutes, these bonds are not a liability of the state and no state dollars will be used to repay them. Following last year's approval, ARRC and longtime partner and project user RCG continued to develop project design and engineering plans. The updated design expanded to better meet the needs of RCG and our other cruise industry customers, ensure operational safety, account for inflation, and best support Alaska's growing visitor industry for future generations to come. RCG currently has three brands calling in Alaska - Royal Caribbean International, Celebrity Cruises and Silversea Cruises - with plans to increase the class size of ships docking in Seward. To support RCG's commitment and associated economic growth, the project construction schedule is time sensitive. It calls for the dock to be operational for the 2025 season and the new cruise ship terminal to be operational in 2026. To meet this timeline, the funding will need to be secured by midyear, meaning this incremental bond authorization must be passed by the legislature this session. This is a true economic development project to both replace an existing asset and expand its capability for the future. The Legislature approved the 2022 bonding authorization knowing this dock is a critical connection for hundreds of thousands of cruise passengers and visitors arriving each summer, many of whom travel on to bring tourism dollars to Alaska businesses throughout the state. The dock is near the end of its useful life. Closure or curtailed use would severely impact the cruise industry and other vessels that rely on the dock. ARRC would lose an important revenue source, and more importantly, a diminished gateway would take a toll on Southcentral Alaska's broader transportation infrastructure. 84 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 8.0 Transportation 9.0 Port and Harbor Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Boat Harbor Parking F1 Water Motor Pool Other Fund Balance/Net position — unrestricted/unassigned Restricted/Unavailable Cash Balance: Available Unrestricted Cash Balance: Total Cash Balance: $ Wastewater Healthcare Note: amounts are unaudited Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable portion of these assets on a short-term basis Finance Director Signature: Attornev Review RYes Attorney Signature: Not applicable Comments: 85 eApprove Resolution Other: Administration Recommendation MI Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-022 A Resolution of the City Council of the City of Seward, Alaska, Supporting State Legislative Approval for Alaska Railroad Additional Bonding Authority for the Seward Cruise Ship Dock Project WHEREAS, the Alaska Railroad Corporation ("ARRC") is a public corporation and instrumentality of the State of Alaska ("State"), organized and established pursuant to the Alaska Railroad Corporation Act, AS 42.40 (the "Act"), whose mission includes providing transportation for freight and passengers, operating critical industrial port facilities in Alaska, and promoting the long-term economic growth of the State; and WHEREAS, ARRC owns and operates a passenger dock in Seward, Alaska ("Existing Passenger Dock") and an associated intermodal terminal facility (the "Existing Passenger Terminal"), both constructed in 1966, which together serve cruise ships and other passenger and freight vessels as part of an ARRC owned and operated multi -dock port facility; and WHEREAS, the Existing Passenger Dock is nearing the end of its useful life and the cost of maintaining it in a usable state has become prohibitive, necessitating its replacement in the near future in order to continue to serve cruise ships and other vessels, as well as passengers and crew, in a safe manner; and WHEREAS, closure of the Existing Passenger Dock or curtailment of its use by cruise ships and other vessels would result in a loss of valuable and significant components of both ARRC's revenues and the transportation infrastructure in Southcentral Alaska and associated commercial activities, including but not limited to the flow of cruise ship passengers into and out of Alaska and the resulting loss of ARRC passenger ridership to and from its Seward railyard, visitor traffic and associated economic benefits to Seward and the rest of the Kenai Peninsula; and WHEREAS, ARRC has determined that the replacement of the Existing Passenger Dock and Existing Passenger Terminal with new dock and terminal facilities capable of safely serving cruise ships, including new, larger ships, and other vessels (collectively, the "New Passenger Terminal Facility") is critical to the ongoing viability of passenger operations at ARRC's Seward port; and WHEREAS, ARRC desires to construct, maintain and operate the New Passenger Terminal Facility and to finance all or a portion thereof through the issuance of its bonds (the "Project"); and WHEREAS, the Project furthers the purposes of both the State and ARRC by preserving and upgrading a component of critical port infrastructure in Southcentral Alaska, thus preserving and enhancing port and rail revenues for ARRC and protecting and improving critical port infrastructure that will benefit the State and its citizens through maintaining and growing 87 CITY OF SEWARD, ALASKA RESOLUTION 2023-022 associated commercial activity in Seward, the Kenai Peninsula and throughout the State, and providing a potential back-up port in the event other port facilities should be damaged by natural disasters; and WHEREAS, at a special meeting held on January 13, 2022, the ARRC Board of Directors approved Resolution No. 2022-01, which authorized its Chief Executive Officer, Chief Financial Officer, Chief Counsel, Bond Counsel, Financial Advisors, Architects, Engineers and any other officer or official of the ARRC (collectively, the "Authorized Persons") to take certain preliminary actions with respect to the Project and the issuance of one or more series of bonds or notes in an aggregate principal amount not to exceed $60,000,000 (collectively, the "Original Bonds"), in order to finance all or a portion of the Project; and WHEREAS, the Authorized Persons, in accordance with Subsection 42.40.285(s) of the Act, caused ARRC to request approval and authority from the legislature of the State for ARRC to issue the Original Bonds in connection with the Project; and WHEREAS, the legislature subsequently passed legislation approving and authorizing the issuance of the Original Bonds, which the Governor signed into law on July 3, 2022; and WHEREAS, subsequent to the issuance of the Original Bonds, ARRC determined that, in order for the New Passenger Terminal Facility to best fulfill its purpose in serving the cruise line industry and more generally in supporting the travel and tourism industry and infrastructure in the State, the scope of the Project would need to be expanded beyond that which was contemplated at the time the Original Bonds were approved and authorized by the legislature and the Governor; and WHEREAS, the resulting expanded scope of the Project will require additional financing to be obtained as compared with its original scope; and WHEREAS, ARRC desires to issue one or more series of bonds or notes in addition to the Original Bonds, with the additional bonds or notes being in an aggregate principal amount not to exceed $90,000,000 (collectively, the "Additional Bonds"), in order to finance all or a portion of the expanded -scope Project, thereby bringing the total authorized aggregate principal amount of the combined Original Bonds and Additional Bonds to an amount not to exceed $150,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council supports and urges the Alaska State Legislature to approve an additional $90 million in bonding authorization for the Alaska Railroad Corporation. 88 CITY OF SEWARD, ALASKA RESOLUTION 2023-022 Section 2. Following Legislative approval, Council supports and urges Governor Dunleavy to sign the Bill. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 27th day of February, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 89 nYEARS ALASKA RAILROAD 1923 - 2023 MEMORANDUM TO: Governor Mike Dunleavy, State of Alaska FROM: Bill O'Leary, President and & CEO, Alaska Railroad Corporation (ARRC) DATE: February 10, 2023 SUBJECT: Support for additional Seward passenger dock bonding authority In 2022, ARRC was authorized to issue up to $60 million in bonds to replace its aging Seward passenger dock and terminal. With our Board's approval, we ask the Legislature and you to grant ARRC authority to issue an additional $90 million in bonds to support an expanded version of this vital project. Combined with last year's bond authorization, ARRC can pursue $150 million for a generational port project (new pier and terminal facility) that will meet future visitor market demands and serve Alaska for decades to come. The project will be fully funded by ARRC through a multi -year berthing agreement with Royal Caribbean Group (RCG) that features an annual revenue guarantee. Per the railroad's statutes, these bonds are not a liability of the state and no state dollars will be used to repay them. Following last year's approval, ARRC and longtime partner and project user RCG continued to develop project design and engineering plans. The updated design expanded to better meet the needs of RCG and our other cruise industry customers, ensure operational safety, account for inflation, and best support Alaska's growing visitor industry for future generations to come. RCG currently has three brands calling in Alaska - Royal Caribbean International, Celebrity Cruises and Silversea Cruises - with plans to increase the class size of ships docking in Seward. To support RCG's commitment and associated economic growth, the project construction schedule is time -sensitive. It calls for the dock to be operational for the 2025 season and the new cruise ship terminal to be operational in 2026. To meet this timeline, the funding will need to be secured by midyear, meaning this incremental bond authorization must be passed by the legislature this session. This is a true economic development project to both replace an existing asset and expand its capability for the future. The Legislature and you approved the 2022 bonding authorization knowing this dock is a critical connection for hundreds of thousands of cruise passengers and visitors arriving each summer, many of whom travel on to bring tourism dollars to Alaska businesses throughout the state. The dock is near the end of its useful life. Closure or curtailed use would severely impact the cruise industry and other vessels that rely on the dock. ARRC would lose an important revenue source, and more importantly, a diminished gateway would take a toll on Southcentral Alaska's broader transportation infrastructure. Bottom line: It is critical to pass the $90 million bond authorization this legislative session. 0111 Resolution 2023-023: A Resolution of the City Council of the City of Seward, Alaska, Approving the Calendar Year 2023 Projects for Requested Congressionally Designated Spending Documents: • Agenda Statement • Resolution 2023-023 • Attachments: o 2023 Legislative Priorities Pamphlet 011 City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council From: Janette Bower, City Manager Subject: Resolution 2023-023: Approving the Calendar Year 2023 Projects for Requested Congressionally Designated Spending Background and justification: Each year, the City of Seward compiles a list of priority list of projects and issues that are identified to be of primary legislative importance. This priority list is approved by City Council and titled the "Legislative Priorities List". Beginning in 2022, the City of Seward created a pamphlet to be used during legislative visits to Washington DC and Juneau. One additional tool the City of Seward can make use of in obtaining external funding is through Congressionally Designated Spending. Federal Senators and Representatives can designate funding for specific projects in their districts through appropriations bills. In 2022, the City of Seward requested $2,000,000 in funding for sludge removal at the Lowell Point Lagoon and Senator Murkowski was successful in including the CDS request in the federal omnibus. Based upon this success, the City of Seward plans to continue this approach to requesting funding for larger projects which would otherwise be difficult or impossible to fund and complete. The proposed 2023 Congressionally Designated Funding projects include: 1. Sidewalk replacement and refurbishment throughout the City of Seward ($2,500,000) 2. Funding for the construction of a new Public Works Facility ($10,000,000) 3. Funding for the construction of a new Emergency Operations Shelter ($4,000,000) 4. Seward Marine Industrial Center Yard Upgrades ($1,175,000) 5. Seward Marine Industrial Center Utility Upgrades ($2,510,000) Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1 Economic Development Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of x Has no fiscal impact 0 oil Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Boat Harbor Parking F1 Water Motor Pool Other Fund Balance/Net position — unrestricted/unassigned $ Restricted/Unavailable Cash Balance: $ Available Unrestricted Cash Balance: $ Total Cash Balance: $ Wastewater Healthcare Note: amounts are unaudited Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable ,portion of these assets on a short-term basis Finance Director Signature: " *tom Attorney Review RYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation ON Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-023 A Resolution of the City Council of the City of Seward, Alaska, Approving the Calendar Year 2023 Projects for Requested Congressionally Designated Spending WHEREAS, the City of Seward annually compiles a list of projects and issues that are identified to be of primary legislative importance; and WHEREAS, the City of Seward can request congressionally designated spending for several specific projects; and WHEREAS, this resolution prioritizes the key projects which would be likely options for targeted congressionally designated spending; and WHEREAS, this congressionally designated spending request priority list will be distributed to Seward's federal delegation and City of Seward federal lobbyists; and WHEREAS, all projects on this legislative priority list are consistent with the City of Seward's 2030 Comprehensive Plan, and four of the five projects are included in the 2023 Legislative Priorities list. 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 list of projects and declares it to be the official congressionally designated spending request priority list for the City of Seward for the calendar year 2023: ■ Sidewalk replacement and refurbishment throughout the City of Seward ■ Funding for the construction of a new Public Works facility ■ Funding for the construction of an Emergency Operations Shelter ■ Seward Marine Industrial Center Yard Upgrades ■ Seward Marine Industrial Center Utility Upgrades Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. 94 W, , I r I ftj LOWELL TUNNEL OUTFALL (FEDERAL) I � �3," OS WATER & SEWAGE EXPANSION (STATE/FEDERAL) r 06 r LOCATED AT THE NORTHERN TIP OF RESURRECTION BAY, SEWARD HAS LONG BEEN AN IMPORTANT DESTINATION. In the Alutiiq language, Seward is known as Qutekcak, meaning 'big beach', and served the Alutiiq, Sugpiaq, and other Alaska Native peoples as a meeting area. A deep -water, ice -free port with rail, highway, and air transportation, Seward is easily accessible from Alaska's major hubs and the Lower 48. The wild and stunning natural landscapes attract adventurers from around the world to enjoy the beautiful vistas, hike the stunning trails, experience the diverse wildlife, paddle and fish the rich waters, and explore our historic community. Today, Seward is home to a vibrant community with a deep appreciation for the natural environment and local history and culture, with hundreds of thriving small businesses, robust maritime and tourism industries, as well as valuable educational and research opportunities. We welcome you to join us in Seward and learn why we say Alaska Starts Here. Incorporated in 1912, Seward, Alaska is a home -rule city in the Kenai Peninsula Borough. Seward has a population of 2,600, with approximately 3,000 additional people residing in surrounding communities just outside of city boundaries. 2 2023 Legislative Priorities Report 96 Welcome to Seward, Alaska _1 , BOROUGH GOVERNMENT Seward is located within the Kenai Peninsula Borough - incorporated in 1964 as a second-class borough. An elected Borough Mayor serves as the chief administrator who works with an elected 9-member legislative assembly, on which Seward has one seat The Borough is responsible for area -wide education, solid -waste management, planning and zoning, taxation and assessment. Local service area boards provide hospital, fire, and emergency services. N . e, VA LOCAL GOVERNMENT Seward is a city manager form of government, governed by a Mayor and City Council who are elected by the people of the City. The City Manager is appointed by the elected 7-person City Council, along with a City Attorney and City Clerk. The Mayor and City Council act together as the Governing Body. The Governing Body, being the elected representative of the people, adopts all ordinances and resolutions and determines the general goals and policies of the city. TAXATION The city, along with the state of Alaska has no personal income tax. Real/ personal property tax within the city is at a low 3.84 mils. The real/personal property tax outside the city but within the borough is at 4.5 mils with an additional .5 mils for the Seward/ Bear Creek Area Flood Service Board. The sales tax for Seward is 4%. The sales tax for the Borough is 3%. Seward also has a 4% bed tax. About Our Government 97 2023 Legislative Priorities Report 3 I CITY MANAGER Janette Bower, City Manager j b o we r@ c i tyof s ewa rd . u s Office: 907-224-4012 Cell: 907-362-1020 Stephen Sowell, Assistant City Manager ssowell@cityofseward.us Office: 907-224-4066 Cell: 907-362-4062 410 Adams St. PO Box 167 Seward, AK 99664 4 2023 Legislative Priorities Report 98 a , 7�i 2023 GOVERNING BODY Sue McClure, Mayor Term expires October 2025 John Osenga Term expires October 2024 Liz DeMoss Term expires October 2023 Mike Calhoon Term expires October 2024 Randy Wells Term expires October 2025 Kevin Finch Term expires October 2025 Open Seat Term expires 2023 About Our Government CONTINUED FULL FUNDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE UNITED STATES ARMY CORP OF ENGINEERS LOWELL TUNNEL OUTFALL DIVERSION STRUCTURE. (FEDERAL) JANUARY 2022: CONSTRUCTION FULLY FUNDED THROUGH THE INFRASTRUCTURE AND JOBS ACT. $185 MILLION. THANK YOU TO ALL WHOSE EFFORTS MADE THIS FUNDING POSSIBLE. The district aims to construct a new flood diversion system for Lowell Creek in Seward, Alaska. Upgrades include a new 18-foot diameter tunnel and diversion dam upstream from the current tunnel; refurbishment to the existing tunnel; extension of the outfall by 150-feet to carry creek flow and debris over Lowell Point Road; and canopy to protect the tunnel inlet from landslides. The plan also calls for select tree removal that in a flood event could block the tunnel if swept up. Lowell Tunnel Outfall Diversion Project 99 2023 Legislative Priorities Report 5 EXPANSION OF WATER/SEWER AND ACCESS INFRASTRUCTURE WHICH WILL INCREASE CONSTRUCTION OF NEW RESIDENTIAL DEVELOPMENT THROUGHOUT CITY LIMITS. (STATE AND FEDERAL) There are two strategic areas that have been identified for utility expansion that would open the door to residential development. Afognak / Forest Acres is an area on the northwest portion of town that has over 25 residential lots There are 150 acres of private and public land to the north of the Seward Marine Industrial Complex that can be opened up for development with the expansion of sewer lines. Afognak Acres • Water, sewer, electric: $2,51 I,000 • Roadway: $958,000 SMIC • Sewer: $1,090,000 • Lift Station: $100,000 Residential bousing has been an ongoing issue in Seward and tbis project will add lots for immediate construction of much needed housing. FULL FUNDING OF THE ALASKA DEPARTMENT OF CORRECTIONS IN ORDER TO RETURN TO 100% FUNDING OF THE OPERATIONAL COSTS ASSOCIATED WITH OPERATING THE SEWARD COMMUNITY JAIL. In 2013, the City of Seward entered into a 5-year contract with the State of Alaska to run the community jail in Seward. The amount of the contract at that time was $655,470.00 with the guarantee of an inflation adjustment annually not to exceed 2%. In 2015, the state amended the contract on the basis of budget cuts and voided the CPI increase language. The value of the contract dropped to $368,952.00 where it has remained ever since. There have been no CPI increases and there have been no opportunities to negotiate. The state has never addressed employee wage changes, increases to benefit package costs, or increases to the costs of operation. Most recently, Seward has attempted communications with the Commissioner of the Department of Corrections and have been unable to have discourse with the office. Our calls and emails go unanswered and we have, as of this 2021, been shifted to the Probations and Parole office at the state level. The employees in this office admit they are not in a position to negotiate the jail contracts and are not authorized to make contract adjustments. Therefore, the City of Seward is now weighing its options to determine the best course of action moving forward regarding the future of the jail facility. Collectively, the community jail Chiefs of Police are working along with their respective City Managers, Mayors and Councils, and AML/JIA to bring the state to the table to discuss our collective issues and find solutions so these jails can stay in operation. 2023 Legislative Priorities Report 100 Water & Sewer Infrastructure and Seward Community Jail SLUDGE REMOVAL FOR THE LOWELL POINT AND SMIC SEWAGE TREATMENT LAGOONS. (STATE & FEDERAL) The City of Seward has a sludge removal program in place for the two separate wastewater treatment plants. These programs are to complete sludge removal every 7-10 years depending on the depth of sludge measured yearly. The very high costs to complete is well out of what City ratepayers can afford. With this project we will also have to install a new liner and replace aeration equipment in the lagoon. Recommended by Senator Murkowski for Congressionally Directed Spending The current liner and aeration equipment are beyond the 30- year life span. We can only fund this program by utilizing grants and loan programs that are available. There is a one -to -two-year lead time to bidding, contracting, and scheduling this work. The successful award offunding now will allow us to proceed with the lengthy and important process to get these lagoons modernized and cleaned. Estimated cost is $2,000,000. Seward Treatment Lagoons 101 2023 Legislative Priorities Report 7 SEWARD MARINE INDUSTRIAL CENTER INFRASTRUCTURE The Seward Marine Industrial Center (SMIC) has seen a significant increase in demand overthe last few years since the grand reopening and with the resident lease taken over by Jag Independent Marine. Every fall the boat yard is completely full with many additional requests for space and amenities that aren't currently available. The US Coast Guard Fast Response Cutter and support will be located there starting in 2024. To allow the industry to continue to grow and flourisb, there are a number of infrastructure upgrades needed. 20 ACRE LAND EXPANSION (1): There is approximately 20 undeveloped acres to the north of the current boat yard and syncrolift area (boundary bounded by Olga, Sorrel, Delphin, and Jellison). The city already has had a number of requests for use of that land for leases for marine work by companies both currently operating and new businesses interested in operating out of SMIC. Costs: • Brusb, fill, top, andgrade: $500,000 • 500 Foot Road Extensions of MustangAve and Morris Ave. 2vitb Pipe Culverts to Support330-ton travel lift.• $225,000 SHIPYARD: FILL AND REGRADE (2): The main boat yard area (approximately 20 acres) needs to be slightly lifted and regraded for drainage during the rainy season and break up so that the boat moving and repair business can continue with minimal disruption: Costs: • Regrading: $100,000 LINE EXTENSIONS AND POWER PEDESTALS IN MAIN SHIP YARD (3): There is and increasing demand for power in more areas of the yard. This would fund line extensions and 20 additional power pedestals in main yard which would allow more work to be done concurrently. Costs: • Pedestals (20 x $8,000ea): $160,000 • Line Installation: $150,000 8 2023 Legislative Priorities Report 102 City of Seward, AK WATER SERVICE AND FIRE HYDRANTS (4): With the boat yard expansion and growth, the need for water extensions and fire hydrants has increased. Costs: • Water Line (6900LFx $2251 IF): $1,500,000 • Fire Hydrants (15 x $5000ea): $150,000 PUBLIC RESTROOMS (5): There is only one, small public restroom located at SMIC which covers over 90 acres and provides space for over a hundred large vessels. An additional, large public restroom with shower facilities is needed to service the area for current use and continued growth. Costs: • Lift Station Cost and Install: $100, 000 • Extension Lines: $100,000 • Building and Facilities: $350, 000 1 3 6" 2 %n 1I ins C' SECURITY (6): Narrative: With the increasing boat working going on and the presence of equipment and tools, the area needs securing upgrades to help keep theft down and business moving without delays. Costs: • Fencing.- $250,000 • Security Camera System (20 Cameras and installation on lightpoles): $100,000 City o,fSeward, AK 2023 Legislative Priorities Report 9 REPLACEMENT OF OLD PIPING WITH NEW DUCTILE IRON PIPING THROUGHOUT SEWARD. (STATE & FEDERAL) The City of Seward needs funding to replace existing galvanized and transite (AC — asbestos -cement) water mains. These problem mains are nearly 60 years old and well past their lifespan. The new ductile iron mains will replace and thus prevent the inevitable collapse and failure of the old water mains. With available funding we will replace up to 1000 feet per year to keep safe drinking waterfor the community. Estimated cost is $4,000,000. E 7 'W W - --^max. 10 2023 Legislative Priorities Report 104 Ductile Pipe - Water Department SIDEWALK REPLACEMENT AND REFURBISHMENT THROUGHOUT THE CITY OF SEWARD. (STATE & FEDERAL) Pedestrian Safety is a high priority in Seward as our visitors increase and our sidewalks continue to deteriorate. We have multiple sidewalks needing attention throughout Seward. Securinggrant andADA funds for sidewalk replacement and refurbishment allows us to address ADA access issues for ramps, parking, and dangerous large cracks and broken concrete areas 2vitb high pedestrian traffic. Estimated cost is $2,500,000. Sidewalk Repair & Replacement 105 2023 Legislative Priorities Report 11 FUNDING FOR THE CONSTRUCTION OF A NEW PUBLIC SEWARD PUBLIC WORKS WORKS FACILITY AT A MORE APPROPRIATE SITE. THIS MOVE WILL FREE UP SIGNIFICANT LAND FOR RESIDENTIAL DEVELOPMENT ON THE CURRENT PUBLIC WORKS FACILITY SITE. (STATE & FEDERAL) The Seward Public Works Facility was built in 1965 after the '64 earthquake. Relocating this facility from downtown has been a desire of this community for over 40 years. The relocation of the facility to a more commercial area with adequate acreage for a new equipment warm storage building, a maintenance repair shop, and other public works function are needed. The current building is worn out and doesn't fit well in the more residential use district. It is too small, very inefficient, and critically inadequate fortoday's operations and staff. Ibis project is bigb on the City's priority list for funding. Completing this project asap 2vill also free up 32 small downtown residentiallots to the public and willgreatly help 2vitb the housing shortage in Seward. Estimated cost is $10,000,000. Current Public Works facility. Responsible for operations of the Water and Wastewater utilities, the Street Department, the City Shop, and limited Municipal Building maintenance. It is our mission to provide the City of Seward residents with prompt service and maintenance in a cost effective manner. The majority of our work consists of maintenance, repairs, and improvements of the City's streets, utilities, and equipment. SERVICES • Maintaining approximately 31 miles of paved and unpaved roads. • Maintenance of 28+ miles of both water distribution and wastewater collection main lines. • Maintaining the City's vehicle fleet. • Providing snow removal and sanding for safe roads in the winter. Conceptual examples of new Public Works Department facility. 12 2023 Legislative Priorities Report 106 Public Works Facility FLOAT EXTENSION PROJECT IN THE HARBOR FOR Z FLOAT. (STATE & FEDERAL) There is currently an extensive wait list for vessels in the Seward Harbor. The wait list is a barrier for businesses and economic growth with charter vessels, tugs, barges, personal vessels, and commercial transient vessels not having the places they need to operate. The current wait list has been in existence for over 10 years 2vben this was initially placed on the Capital Improvements List. There has been movement on this list but the overall list (of over 200) has not cbanged significantly with the oldest request currently still waiting since 2014. Estimated cost is $8,000,000. t� FWALCRAFT Seward Harbor Z-Float Expansion 107 2023 Legislative Priorities Report 13 FULL FUNDING AND ONGOING MAINTENANCE FOR THE SEWARD AIRPORT OPERATED BY THE STATE OF ALASKA. (STATE) The Seward Airport, operated by the State of Alaska, is a vital lifeline for our community and its safety. With no over -the -road ambulance service, we have regular Medevac flights to get citizens, workers, and visitors the urgent medical care that they need. The US Coast Guard uses the airport regularly for local refueling and transport as well during rescue operations. When there have been avalanches or slides and the road is closed, the airport is our only link for goods and supplies. Less urgent but also important is that it generates significant commerce for our community with businesses in the visitor industry. We are requesting funding for prioritized and regular maintenance. 11 E The Seward Airport is unmanned and operated by the State under visual flight rules. Some air service, flight -seeing and charter services are available. Two paved runways are utilized with one being 4,240' long by 100' wide, and the other is 2,279' long by 75' wide. Flight time to Anchorage is about 45 minutes. 14 2023 Legislative Priorities Report 108 Seward Airport CITY OF SEWARD (GREATER SEWARD AREA) /01 w'� w » r r T .5yk e wx� ' r4' r Ily_ , r r r, w "ara r up .r� w m ' , 16 2023 Legislative Priorities Report - City of Seward �ap(Northwest) City of Seward,l4K e ,a. 0 ,- r.Sx V ,F �w a "4 iyy y y 1 " y i 7 av � m w ; s City of Seward, ,4K 2023 Legislative Priorities Report - City of Seward Map (Northeast) 17 18 2023 Legislative Priorities Report - City of Seward Map(South City of Seward, AK ia City of Seward, AK 2023 LegislatzvePriorities Report -City of Seward Map (SMICArea) 19 p NN " wNL'* p vim, City of Seward © 2023 a ! City of Seward, AK I P.O. Box 167 410Adams Street City Hall Building a u -w�a Seward, AK 99664 1 (907) 224 3331 . www.cityofseward.us t The City of Seward would like to 7. _ d^ acknowledge the Seward Chamber of Commerce & CVB for their invaluable partnership in economic development and ". a destination marketing and management. Their work is supported by the thousands of Seward annual visitors to through a portion x of the 4% bed tax collected by Seward's P esteemed lodgingproviders, as voted by p the citizens of Seward in the 1995 I - general m October election via Initiative Ord. 95- u 001z, which took effect in November 1995, ., s and was implemented January of 1996. ,�.. Branding, design, and photography elements for the 2022 City of Seward Legislative Priorities Report have been provided by the Seward Chamber of Commerce & CVB, as it continues to strive to fulfill its mission to keep Seward the best place in the world to live, work and play. i Seward Chamber of Commerce & CVB PO Box 749 1 2001 Seward Highway Seward, AK 99664 1 (907) 224-8051 www.seward.com I� 'IsY w lt\ \ Hill 1:11 AL A S K N FPFWAPD, AK - 2022 LEGISLATIVE PRIORITIES In Resolution 2023-024: A Resolution of the City Council of the City of Seward, Alaska, Approving the Planning and Zoning Commission Priorities for January 2023 to January 2024 Documents: • Agenda Statement • Resolution 2023-024 "r City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Subject: Resolution 2023-024: Approving the Planning and Zoning Commission Priorities for January 2023 to January 2024 Background and justification: Under the direction of the City Council, the Planning and Zoning Commission establishes priorities annually. The Planning and Zoning Commission attended a joint meeting with the City Council on January 23, 2023, to discuss the priorities of the Commission. A list of priorities was created from the direction the Commission received at that meeting. This list was approved through Resolution 2023-005 at the February 7, 2023 Planning and Zoning regular meeting. The attached Resolution for City Council's approval contains the updated priorities meant to guide the Planning and Zoning Commission during the year 2023. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive The priorities of Commission are based on the goals and objectives established in Plan: the Comprehensive Plan. Strategic Plan: Other: §2.30.225.b states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable ISM Fund Balance Information Affected Fund ✓ : T al SMIC ✓ Electric HWastewater arbor Parking Water Healthcare Pool Other Fund Balance/Net position — unrestricted/unassigned $ Restricted/Unavailable Cash Balance: Available Unrestricted Cash Balance: Total Cash Balance: $ Note: amounts are unaudited Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable ,portion of these assets on a short-term basis Finance Director Signature: cry r Attorney Review RYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation "f: Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-024 A Resolution of the City Council of the City of Seward, Alaska, Approving the Planning and Zoning Commission Priorities for January 2023 to January 2024 WHEREAS, Seward City Code §2.30.225 (b) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS, the Planning and Zoning Commission attended a meeting with City Council on January 23, 2023 to review and update the Planning and Zoning annual Priorities; and WHEREAS, the Planning and Zoning Commission approved Resolution 2023-005 on February 7, 2023, recommending City Council approval of the Commission's priorities for January 2023-January 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The following list of 2023 priorities for the Planning and Zoning Commission are approved by the City Council: SHORT TERM (2023) SPECIFIC PRIORITIES Through powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. • Recommend revised language to City Council concerning P&Z Commissioner qualifications and attendance. (Administration) 2030 Comprehensive Plan Review and Update Recommendations: Hold a public hearing on the Comprehensive Plan. Determine a month to hold Public Hearing annually (as required by code). The Commission will make recommendations to council to make this document living and usable, including considerations of a shorter revision cycle. ONGOING PRIORITIES Review and make recommendations to update Title 15 as needed. (Title 15 is a living document and keeping it current is part of the role of Community Development and the isM CITY OF SEWARD, ALASKA RESOLUTION 2023-024 P&Z Commission.) Topics to address this year may include: dwelling definitions, height restrictions, parking, signs, development standards, etc. Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. (Annual Review at Regular meeting in September) Promote public interest and understanding for the upcoming review process of the Comprehensive Plan (Different pieces of the comprehensive plan can be reviewed each year to help keep up to date before the official review every 10 years. Code requires that we have one public hearing on an annual basis and recommendations shall be forwarded to council for consideration) • Look at current and future community needs to identify a wide range of strategies, including land use and zoning changes, to support the long- term vitality of the City. • Joint Work sessions with Seward Bear Creek Flood Board regarding city/borough projects: Lidar mapping, Flood mitigation, Airport, Second Avenue culvert project, Resurrection River, Japanese Creek, Lowell Canyon, Beach revitalization project (Annual Joint Work session) • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan (Annual Joint Work session) • Work with Historic Preservation Commission to develop methods to preserve the historic downtown (Annual Joint Work session) • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 120 Resolution 2023-025: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase from Titan Energy Assets One 1,200 Amp Gas Circuit Breaker for Installation in the Spring Creek Substation in a Not - To -Exceed Amount of $118,152, and Appropriating Funds Documents: • Agenda Statement • Resolution 2023-025 • Attachment TEA Proposal Quote `FIA City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower From: Rob Montgomery, General Manager Electric Subject: Resolution 2023-025: Authorizing The City Manager To Purchase From Titan Energy Assets One 1,200-Amp Gas Circuit Breaker For Installation In The Spring Creek Substation In A Not -To -Exceed Amount Of $118,152.00, And Appropriating Funds Background and justification: In 2022, a $10 million revenue bond was approved to complete work over the next 2-4 years to replace aging transmission infrastructure in Seward and upgrade the system's voltage capacity from 69kV to 115kV. Part of this work will include the refurbishment of substations and the equipment inside the substations. This 1,200-amp gas circuit breaker, which is safety device to protect electrical circuits from damage, will be installed at the Spring Creek Substation. The basic function of the circuit breaker is to interrupt the flow of electric current to protect equipment and prevent risk of fire. While the installation of this gas circuit breaker is not scheduled until late summer or early fall, ordering the circuit breaker now is necessary to meet supply chain deadlines. The price shown above does include a 10 percent fee for packaging and crating. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 118,152.00 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): ✓ Budgeted Line item(s) Not budgeted Not applicable 15351-0000-8103 MIA, Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information qElectric Wastewater Water F1 Healthcare Note: amounts are unaudited Fund Balance/Net position - unrestricted/unassigned $ 7,426 Restricted/Unavailable Cash Balance: $ 7,488,105 Available Unrestricted Cash Balance: $ 8,021,034 Total Cash Balance: $ 15,509,139 Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable ,portion of these assets on a short-term basis Finance Director Signature: QW4;90 Attorney Review RYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation 123 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-025 A Resolution of The City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase from Titan Energy Assets One 1,200 Amp Gas Circuit Breaker for Installation in the Spring Creek Substation in a Not -To - Exceed Amount of $118,152, and Appropriating Funds WHEREAS, the Electric Department engineering consultant, Electric Power Consultants, reached out to multiple vendors and Titan Energy Assets responded with the lowest bid while also meeting all operational specifications; and WHEREAS, the gas circuit breaker is part of the substation refurbishment effort occurring with the City's larger transmission infrastructure project; and WHEREAS, the circuit breaker is an electrical safety device designed to protect an electrical circuit from damage caused by overcurrent; and WHEREAS, the basic function of the circuit breaker is to interrupt current flow to protect equipment and to prevent risk of fire. 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 purchase from Titan Energy Assets one 1,200-amp gas circuit breaker for installation in the Spring Creek Substation. Section 2. Funding in the not -to -exceed amount of $118,152.00, including a packaging and shipping fee, is hereby appropriated from the System Infrastructure Project budget via the approved Revenue Bond from Electric reserves account no. 15351-0000-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 124 Electric Power Constructors Unused 121 kV SF-6 Gas Breaker January 23, 2023 Proposal 4TEA-187234 This document is privileged and contains confidential information intended for use only by Electric Power Constructors Introduction Titan Energy Assets("Seller") is pleased to provide this proposal to Electric Power Consultants ("Customer" or `Buyer") for theUnused 121kV Mitsubishi SF-6 Gas Breaker. Scope of Work Item 1: Unused 121kV 1200 Amp Mitsubishi SF-6 Gas Breaker MB 1000 Quantity (1) — Unused 121kV 1200 Amp 40kA Mitsubishi SF-6 Gas Circuit Breaker, drawings have been submitted to the customer previously. The Breaker is offered without the first fill of SF-6 Gas. WarrgEjy The Breaker is offered with a Titan Assets ninety (90) day warranty from shipment IAW with the Terms & Conditions outlined in this proposal. Transportation The Breaker is offered FOB, Titan Energy Assets 15500 Voss Rd, Sugarland, TX 77498. Titan Energy Assets willstore the Breaker at no charge until such time that the customer requires it to be shipped. Transportation will eagerly be provided with professional quality crating/packaging provided by trusted partners at a cost + 10% basis with the final leg most likely to be via barge trip to Alaska. Pricing and Validity Payment Terms 100% Payment, Invoiced upon receipt of Purchase Order, due Net 30 or prior to shipment whichever comes first Duties, Taxes, and Fees Customers are responsible for all duties, taxes, and fees. Customers shall pay all be responsible for directly paying any applicable State Tax to their Tax Authority. For International projects, customers are responsible for all applicable importation taxes, duties, and fees. Validi This proposal shall be valid for thirty (30) days; provided, however, the obligation to treat this proposal as confidential, and that it cannot be shared with any third party without the prior written consent of Titan Energy Assets shall survive. Units are subject to prior sale. This proposal, and any resulting contract or agreement, shall be subject to Titan Energy Assets Standard Terms and Conditions as set forth in this proposal. Need High Voltage solutions you can trust? Call TEA! For High Voltage Equipment and Decommissioning Services you can count on, call the Power Pros at Titan Energy Assets, where we are prepared to handle decom and our inventory is always fully stocked and ready to ship. Our experience, inventory, and partnerships allow for swift collaborations between expert engineers and technicians, resulting in optimum efficiency, rapid turnaround times, and competitive prices. At TEA, we strive to exceed our customers' expectations, while making a meaningful difference for all of our clients and industry as a whole. Please read below for a more in-depth look at some of our offered services! Power Decommissioning + Inventory/Asset Assessment + Planning/Engineering Planning + Oil Handling/Removal + Removal / Relocation Inventory Storage + Transformers - GSU Transformers - Substation Transformers - Pad mount Transformers + Circuit Breakers + Switchgear + Ancillary Equipment Decommissioning Consulting Scope Development + Review of Site & Eng Reports + ERM Materials Studies + Collaboration w/ Engineering Team + Demolition Planning + Safety Planning + Progress Management Oil Sampling + Dissolved Gas Analysis + Color # / Visual + Moisture PPM + Dielectric Breakdown + Power Factor + Interfacial Tension + Acid Number Asset Management + Scope Development + Asset Inventory Assessment + Permit Oversight + Auction Oversight + Property Planning + Scrap Vendor Management + RFP Development + Financial Analysis + Demo Contractor Oversight + Predefined Expected Results + Environmental Planning + Monitoring of Metrics + Status Updates/Meetings Titan Energy Assets Terms and Conditions — Sale of Equipment, Parts and Services DEFINITIONS: As used in these Terms and Conditions or associated Purchase Order, the term "Equipment" shall mean the equipment, parts, materials and services that Seller agrees to supply; the term "Seller" shall mean the Titan Energy Assets entity identified in the Purchase Order as the one furnishing the Equipment; and the term "Buyer" shall mean the person or entity identified tithe Purchase Order as the one purchasing the Equipment. ENTIRE AGREEMENT: Unless otherwise agreed to in writing by Seller and Buyer, these Terms and Conditions shall apply to the supply of any Equipment by Seller and Seller specifically objects to any additional or different terms contained in any form or other document utilized by Buyer. No such additional or different terms shall apply and may not be varied, supplemented or amended by any such document, conduct, prior representation, course of dealing or usage of trade. VALIDITY: The price and delivery/performance stated in Seller's proposal will remain valid for a period of thirty (30) days. If Buyer has not accepted any such proposal by issuing an acceptable Purchase Order within the validity period, the stated price and delivery/performance shall be subject to adjustment by Seller. TAXES: No amount is included in the price for any excise, privilege, use, sales, value added, or other foreign, federal, state or local taxes or assessments. The price shall be increased to include, and Buyer agrees to indemnify and protect Seller from, any such taxes or assessment for which Seller may be liable to pay with respect to furnishing the Equipment. PAYMENT: Payment, whether due lump sum or by milestone event, shall be in U.S. Dollars without offset, back charge, retention or withholding. In the event that payment is due on the occurrence of any milestone event, including the completion of any percentage of the work to be performed, and such occurrence is delayed by Buyer through no fault of Seller, such payments shall be due when the event would have occurred had such delay not intervened. Unless otherwise agreed, payment shall be made net ten (10) days after receipt of invoice and late payments shall be subject to a penalty of one and one-half percent (1 % %) per month wntil paid in full. At the request and if required by the Seller, Buyer agrees issue to an irrevocable letter of credit for the payment of the purchase price on terms and issued by a bank acceptable to Seller. CHANGES: Buyer shall be entitled to make such changes in the specifications of the Equipment as shall be agreed between Seller and Buyer. Within a reasonable time after submission to Seller by Buyer, Seller will advise Buyer of any change in the specified price and shipment/performance date. Seller shall be entitled to proceed with its performance wider the original specifications wrtil such change is agreed in writing by Buyer and Seller. WARRANTY: Seller warrants the Equipment from and against all defects in title, material, and workmanship and otherwise complies with the terms of any specifications set forth in the Purchase Order. The warranty term for all Equipment (other than services) shall be for a period of twelve (12) months from Buyer's first use of the Equipment or eighteen (18) months from the date Seller is ready to ship the Equipment, whichever occurs first, and for all services provided by Seller wider the Purchase Order shall be for a period of twelve (12) months from the date Seller has performed said services. Buyer shall notify Seller in writing of any warranty claim no later than thirty (30) days from the date of the initial occurrence of the defect. Buyer's failure to notify Seller of any warranty claim within thirty (30) days from the date of the initial occurrence of the defect shall constitute a waiver of such claim. Any repairs, replacements or reperformance by Seller to the Equipment (including services provided) during the warranty period shall be warranted for the remainder of the original warranty term or 90 days, whichever is longer. All warranted repairs and replacements to the Equipment (other than services performed at Buyer's site) shall be made Ex -Works Seller's (or its supplier's) designated facility (per Incoterms, latest version) unless otherwise agreed in writing. Buyer shall bear the costs of access (including removal and replacement of systems, structures or other parts of Buyer's facility), de -installation, decontamination, re- installation, including replacement oil and transportation of defective Products to such designated facility and back to Buyer. The duties, liabilities and obligations of Seller does not extend to any repairs, adjustments, alterations, replacements or maintenance that may be required as a result of normal wear and tear, normal degradation in the performance of Equipment (including services provided) or as a result of (a) improper repair or alteration by Buyer or other persons, (b) misuse, negligence or damage by Buyer or other persons, (c) excessive operation at peak capacity. The warranty and remedies are further conditioned upon (i) the proper storage, installation, operation and maintenance of the Equipment and conformance with the operation and instruction manuals provided by the suppliers and manufacturers and (ii) repair or modification pursuant to the instructions of the suppliers and manufacturers and as otherwise directed by Sellerand (iii) Buyer keeping proper records of operation and maintenance during the warranty period and providing Seller access to those records upon request. Any modification or repair of any Products or Services not authorized by Seller shall render this warranty null and void. Seller shall have no liability for defects that arise after the warranty period has expired. This section of the Purchase Order sets forth the exclusive remedies for all claims based on failure of or defect in the Equipment (including services provided) whether the failure arises before, during or after the warranty period and whether said claim is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. NO IMPLIED, STATUTORY, OR COMMON LAW WARRANTY OF ANY HIND, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. TITLE: Title to the Equipment (other than for services) shall pass to Buyer when made available to Buyer for shipment from the agreed point of delivery which shall be at Seller's facility unless otherwise agreed in writing by Buyer and Seller. Title to any services performed by Seller shall pass to Buyer as services are performed and completed. Notwithstanding passage of title, Seller shall be responsible for risk of loss and damage to the Equipment wrtil it is made available to Buyer for shipment from the agreed point of delivery. SHIPMENT: Unless otherwise agreed to in writing by Buyer and Seller, the Equipment will be shipped Ex -Works Seller's designated facility (per Incoterms, latest version). Any freight charges quoted in this proposal are estimates only and are subject to revision for freight and other transportation charges that are actually incurred by Seller. If Buyer retains Seller to provide transportation tojobsite, Seller will comply with the responsibilities identified in the applicable hncoterms, whereupon risk of loss and damage shall pass to Buyer. Seller may require Buyer to issue a separate purchase order and require payment of the estimated charges in advance of the shipment. Seller shall refunnd any overpayment and Buyer will find any underpayment of the estimated charges. In no event will Seller be responsible for damages to Buyer caused by transportation delays. The shipment date specified in any proposal is based on anticipated shop loading at the time of tlne proposal and is subject to confirmation at the time the proposal is accepted by Buyer. In the event that all of any part of the Equipment will be shipped out of the continental limits of the US by Seller, all fees and expenses relating to the export shipment, taxes, tariffs, fees and expenses relating to importation into the country of destination, and all necessary applications, licenses, authorizations and documentation shall be the sole responsibility of Buyer. Seller shall prepare consular documents according to Buyer's instructions but shall have no liability resulting from any incorrect information famished by the Buyer. If any of the Equipment cannot be shipped to Buyer due to any cause not attributable to Seller, upon notice to Buyer, Seller may ship such Equipment to storage. If the Equipment is placed in storage, the following conditions apply: (a) title and risk of loss and damage shall pass to Buyer if it lead not already passed, (b) any amounts otherwise payable to Seller upon delivery or shipment shall be payable upon invoice, (c) all expenses incurred by Seller for preparation for and placement into storage, handling, inspection, preservation, insurance, storage, removal, and taxes shall be payable by Buyer upon invoice, and (d) when conditions permit, and upon payment of all amounts due, Seller shall resume delivery of the Equipment to the originally agreed point of delivery. DELAYS: The shipment/performance date and price specified are subject to adjustment for any delay resulting from: (a) Buyer's failure to furnish Seller with any Buyer supplied components, data, shipping instructions, approved drawings or change orders as required, (b) any changes to the specifications made at Buyer's requests, (c) Buyer's delay in paying an invoice, (d) Buyer's convenience, or (e) force majewe. In the event of any such delay, the shipment/performance date will be automatically extended for a period not less that the duration of the delay. Buyer shall pay Seller any additional costs incurred by Seller as a result of the delay and a reasonable rate for storage of the Equipment during such delay. CANCELLATION: Unless otherwise stated in the agreement should the Purchase Order be canceled by Buyer for any reason other than the termination for Seller's material breach, Buyer shall pay Seller for all costs and expenses incurred and commitments made, plus an amount equal to Seller's expected profit on such order or, at Seller's option, Seller may retain all amounts paid as of such cancellation date as liquidated damages. LAW AND VENUE: The Purchase Order will be interpreted according to the laws of the State of Texas (notwithstanding its choice of laws). Any dispute between the parties shall be resolved in any federal or state coot located in Texas. Seller and Buyer expressly exclude the application of the Convention on International Sale of Goods to the Purchase Order. The prevailing party shall be entitled to recover its reasonable attorney's fees and court costs. FORCE MAJEURE: Seller shall not be responsible for any failure or delay in delivery/performance due to causes beyond its reasonable control, including but not limited to acts of God, fire, strike, flood, military authority, government regulation or priority rating, embargoes, shortages of materials, components or labor, or other circumstances causing work slowdown or stoppages such as a local, regional, national or global epidemic or pandemic resulting from a communicable disease or other type of health or environmental crisis. In the event of such failure or delay, the delivery/performance date shall be extended for a period of time equal to the time of such delay plus such additional time as may be needed to overcome the effect of said event. CODES AND STANDARDS: Seller specifically takes exception to any requirement to conform to any misidentified state, comity, municipal or other local codes or standards. Seller will prepare comments and exceptions to the technical provisions of such codes or standards when accompanied by Buyer's written description of the applicable sections. The panties agree to comply with all laws and regulations applicable to the furnishing of the Equipment under the Purchase Order. LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CLAIM, EXPENSE, LOSS OR DAMAGE (INCLUDING ATTORNEY'S FEES) WHETHER BASED IN CONTRACT OR TORT, INCLUDING THE NEGLIGENCE OF SELLER, IN AN AMOUNT IN EXCESS OF THE PURCHASE ORDER PRICE FOR THE EQUIPMENT. UNDER NO CIRCUMSTANCES SHALL SELLER BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DOWNTIME, LOSS OF PROFITS OR REVENUE. INDEMNITY: Buyer shall forever indemnify, defend and hold Seller harmless from and against any and all liabilities, claims, demands, suits, losses, damages, costs and expenses (including reasonable attorney fees and court costs) resulting from its use, operation and/or ownership of the Equipment after delivery of the Equipment by Seller to Buyer, including, but not limited to, bodily injury to or death of any person, or damage to or destruction of any property 1,200- AMP Gas Breaker, Packaging & Freight Qty UM Description Price Extension 1 ea Mitsubishi 1,200-amp Gas Breaker $ 66,500.00 $ 66,500.00 Packaging & Crating at 10% $ 6,650.00 $ 6,650.00 1 Lynden Barge from Sugarland, TX $ 45,002.00 $ 45,002.00 TOTAL: $ 118,152.00 131 Resolution 2023-026: A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing the City Manager To Pay Rental Fees To NC Power Systems In A Not -To -Exceed Amount Of $227,130.04 For Two Large Generators To Maintain Electric Service For Nash Road Customers During Transmission Infrastructure Construction Documents: • Agenda Statement • Resolution 2023-026 • Attachment Rental Agreement `KY: City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower From: Rob Montgomery, General Manager Electric Subject: Resolution 2023-026: Authorizing the City Manager To Pay Rental Fees To NC Power Systems In A Not -To -Exceed Amount Of $227,130.04 For Two Large Generators To Maintain Electric Service For Nash Road Customers During Transmission Infrastructure Construction. Background and justification: In 2022, a $10 million revenue bond was approved to complete work over the next 2-4 years to replace aging transmission infrastructure in Seward and upgrade the system's voltage capacity from 69kV to 115kV. The first phase of this work is taking place on Nash Road in 2023. During some parts of this construction work, the electric system must be taken offline. These two large generators (1,000kW and 1,500kW), which will be tied directly into the electric system in that area, will allow service to be maintained during the construction work. There will be a brief outage when the power is switched over to the generators. Generators of this size and capacity are not easily located. The Electric Department reached out to multiple vendors before locating the generators meeting the necessary specifications. To ensure the availability of the generators during this key phase of the construction, the Electric Department secured the generators for up to four months at a monthly rental rate of $56,782.51. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 227,130.04 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): ✓ Budgeted Line item(s): Not budgeted Not applicable 15351-0000-7304 133 Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information qElectric Wastewater Water F1 Healthcare Note: amounts are unaudited Fund Balance/Net position - unrestricted/unassigned $ 7,426,000 Restricted/Unavailable Cash Balance: $ 7,488,105 Available Unrestricted Cash Balance: $ 8,021,034 Total Cash Balance: $ 15,509,139 Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable ,portion of these assets on a short-term basis Finance Director Signature:, r..{„.,:•> Attornev Review RxYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation 134 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-026 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Pay Rental Fees to NC Power Systems in A Not -To - Exceed Amount Of $227,130.04 for Two Large Generators to Maintain Electric Service for Nash Road Customers During Transmission Infrastructure Construction WHEREAS, the Electric Department reached out to multiple vendors in the state without success before locating these two large generators (1,OOOM and 1,500M) with the size and capacity to handle the electric load of the area; and WHEREAS, these generators will be rented for up to four months at $56,782.51 monthly to ensure their availability should any delays in construction occur due to weather or other reasons; and WHEREAS, the generators will be tied directly into the electric system along Nash Road so that power service is maintained during infrastructure construction activities; and WHEREAS, the generators will also ensure only a brief service interruption when the primary electric system along Nash Road is taken offline and switched over to the generators. 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 pay rental fees for two large generators (1,OOOM and 1,500M) to maintain electric service in the Nash Road area during transmission infrastructure construction. Section 2. Funding in a not -to -exceed amount of $227,130.04 is hereby appropriated from the System Infrastructure Project budget via the approved Electric Revenue Bond from Electric Nash Road Infrastructure Project Fund the expense account of Equipment Rent 15351-0000-7304. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor N C POWER SYSTEMS Rental Reservation Reservation Y04787 6450 ARCTIC BLVD, ANCHORAGE, AK 995181532 Date Out: 03/15/2023 Wed 08:00 AM NCPS ANCHORAGE Ph: 907-786-7500 Fax: 907-786-7563 Est. Date In: 06/09/2023 Fri 05:00 PM Delivery Date: 03/15/2023 Wed 08:00 AM Jobsite: SPRING CREEK Contact: JAMES UNREIN Customer: 9993006 Phone: 907-362-1142 Bill to: CITY OF SEWARD SPRING CREEK BPO 573 SEWARD, AK PO BOX 167 SEWARD, AK 99664-0167 Signed By: Order By: JAMES UNREIN Rental Items 1. GENERATOR 1000 KW MODEL: APS1000 SERIAL: OAL600134 ID: E288033 HRS OUT: 3876.0 HRS ALLOWED: 2/5/20 STANDBY MONTHLY RENTAL RATE: $15,697.00 0-20 HOURS ALLOWED MONTHLY UNLIMITED MONTHLY RENTAL RATE: $31,394.00 0-672 HOURS ALLOWED MONTHLY 1. GENERATOR 1500 KW MODEL: XQ1500 SERIAL: OBNR00322 ID: EL273449 HRS OUT: 48868.0 HRS ALLOWED: 2/5/20 STANDBY MONTHLY RENTAL RATE: $22,454.00 0-20 HOURS ALLOWED MONTHLY UNLIMITED MONTHLY RENTAL RATE: $44,908.00 0-672 HOURS ALLOWED MONTHLY 1. CABLE MODEL: CABLE SERIAL: 4048310 ID: 4048310 50FT CABLE PACKAGE FOR APS1000 TOTAL COST: $850.00 50FT CABLE PACKAGE FOR XQ1500 Written By: Kimberly M Cook Sales Rep: ERICK S POMRENKE PO #: TBD DAY $1,744 $5,232 $15,697 15,697.00 $2,495 $7,485 $22,454 22,454.00 $0 $1,275 $3,825 3,825.00 Printed on Wednesday, February 1, 2023 2:57:13 PM by KMCOOK 136 Y04787 Page 1 of 5 N C POWER SYSTEMS Rental Reservation Reservation Y04787 6450 ARCTIC BLVD, ANCHORAGE, AK 995181532 Date Out: 03/15/2023 Wed 08:00 AM NCPS ANCHORAGE Ph: 907-786-7500 Fax: 907-786-7563 Est. Date In: 06/09/2023 Fri 05:00 PM Delivery Date: Jobsite: SPRING CREEK Contact: JAMES UNREIN Customer: 9993006 Phone: 907-362-1142 Bill to: CITY OF SEWARD SPRING CREEK BPO 573 SEWARD, AK PO BOX 167 SEWARD, AK 99664-0167 Signed By: Order By: JAMES UNREIN Rental Items TOTAL COST: $1,300.00 3- 33FT 15KV 4/0 MED VOLTAGE CABLE TOTAL COST: $1,675.00 TOTAL COMBINED MONTHLY COST: $3,825.00 1. ADDITIONAL SERVICES MODEL: SERVICE14 SERIAL: SERVICE14 ID: SERVICE14 TECHNICIAN TRAVEL TO SEWARD FOR ONSITE TESTING AND TRAINING TOTAL COST: $3,485.00 2 DAY PARALLEL TESTING AT NC POWER SYSTEMS TOTAL COST: $5,640.00 TOTAL COMBINED COST: $9,125.00 RENTAL START DATE: ON SHIPMENT FROM NCPS. CUSTOMER RESPONSIBLE FOR OIL CHANGES EVERY 250 HRS ON 40OKW AND UNDER / EVERY 500 HRS ON 500K AND UP, ALONG WITH ROUTINE MAINTENANCE. ANY DAMAGE THAT OCCURS DURING SHIPPING IS THE RESPONSIBILITY OF THE CUSTOMER. TIER 4 GENERATORS REQUIRE NO LESS THAN 50% LOAD ALONG W/ THE USE OF LOW SULFUR FUEL AND LOW SULFUR OIL MEETING CATEPILLAR'S SPECIFICAITONS. Written By: Kimberly M Cook Sales Rep: ERICK S POMRENKE PO #: TBD $0 $0 $9,125 9,125.00 Printed on Wednesday, February 1, 2023 2:57:13 PM by KMCOOK 137 Y04787 Page 2 of 5 Rental Reservation N C POWER SYSTEMS 6450 ARCTIC BLVD, ANCHORAGE, AK 995181532 NCPS ANCHORAGE Ph: 907-786-7500 Fax: 907-786-7563 Customer: 9993006 Bill to: CITY OF SEWARD BPO 573 PO BOX 167 SEWARD, AK 99664-0167 Signed By: Order By: JAMES UNREIN Reservation Y04787 Rental Items CUSTOMER RESPONSIBLE FOR REQUIRED VOLTAGE AND PHASE ROTATION. Miscellaneous Items ENVIRONMENTAL FRT TO CUST -IRS FRT TO CUST -IRS ***** IMPORTANT - PLEASE READ CAREFULLY ***** Date Out: 03/15/2023 Wed 08:00 AM Est. Date In: 06/09/2023 Fri 05:00 PM Delivery Date: BY ACCEPTING DELIVERY OF RENTED ITEMS, CUSTOMER AGREES TO ALL TERMS AND CONDITIONS SHOWN ON PAGES 1 THROUGH 3, OF THIS RENTAL CONTRACT AND ACKNOWLEDGES THAT HE HAS RECEIVED IN GOOD ORDER ALL RENTED ITEMS AND OTHER GOODS LISTED ON THE FACE OF THIS CONTRACT. OSHAIANSI REQUIRES THAT FALL PROTECTION SHALL BE WORN WHEN OPERATING AN AERIAL WORK PLATFORM. CUSTOMER ACKNOWLEDGES THIS REQUIREMENT AND ASSUMES SOLE RESPONSIBILITY FOR ASSURING ITS COMPLIANCE BY ALL OPERATING PERSONNEL. WARRANTY DISCLAIMER: LESSOR MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE EQUIPMENT IS FURNISHED ON AN "AS IS" BASIS. THE CUSTOMER AGREES TO INDEMNIFYAND HOLD LESSOR HARMLESS FOR ANY CLAIMS OF THIRD PARTIES FOR LOSS, INJURY, AND DAMAGE TO PERSONS OR PROPERTYARISING OUT OF CUSTOMER'S POSSESSION, USE, MAINTENANCE OR RETURN OF EQUIPMENT, TO THE FULL EXTENT OF CUSTOMER'S OR THIRD PARTY'S NEGLIGENCE, INCLUDING LEGAL COSTS INCURRED IN DEFENSE OF SUCH CLAIMS. OPERATORS SHOULD READALL WARNING AND INSTRUCTIONS! DO NOT USE IF YOU DON'T KNOW HOW TO OPERATE OR IF NOT OPERATING PROPERLY! FAILURE TO COMPLY COULD RESULT IN INJURY OR DEATH TO OPERATOR OR OTHERS. CUSTOMER ACKNOWLEDGES THATALL TERMS AND CONDITIONS HEREIN, INCLUDING THE INDEMNITYAND CUSTOMER REMEDIES/DISCLAIMER, WERE FREELY NEGOTIATED AND BARGAINED FOR WITH LESSOR. THE UNDERSIGNED CERTIFIES HIS/HER AUTHORITY TO ENTER INTO THIS RENTALAGREEMENT ON BEHALF OF CUSTOMER Jobsite: SPRING CREEK Contact: JAMES UNREIN Phone: 907-362-1142 SPRING CREEK SEWARD, AK Written By: Kimberly M Cook Sales Rep: ERICK S POMRENKE PO #: TBD 1.00 % 381.51 2,650.00 each 2,650.00 2,650.00 each 2,650.00 Total 56,782.51 Initials LOSS, DAMAGE OR REPAIR OF TIRES AND ACCESSORIES IS NOT COVERED. By your initials, you either accept or decline the terms of the Limited Physical Damage Waiver provisions on the reverse side of this contract. If you accept you agree to pay a fee of Accept 14% of the gross rental charges. You remain responsible for all loss or damage resulting from causes listed on the back of this contract, including negligence or improper operation. — SAFETY INSTRUCTIONS/TRAINING -- Decline **** SAFETY INSTRUCTIONS/TRAINING **** I have received, read and understand the Safety Rules, Operating Instructions and Responsibilities Manual for the above equipment. I have been trained on the equipment and will ensure that all users will be trained. CUSTOMER SIGNATURE DATE NAME PRINTED Printed on Wednesday, February 1, 2023 2:57:13 PM by KMCOOK 138 DELIVERED BY Y04787 Page 3 of 5 DATE 1. SINGLE SHIFT/EXCESSIVE USE/RATE: It is agreed that the rental rate is based on single shift operation of eight (8) hours per day, five (5) days per week. On powered equipment, atwo (2) shift operation rental rate will be at one and one-half (1 1/2) times the single shift rental rate, athree (3) shift operation rental rate will be two (2) times the single shift rate. 2. RENTAL PERIOD: All rentals shall commence when the equipment leaves N C Power Systems Co.'s premises and shall terminate when the equipment is returned to N C Power Systems Co.'s premises. No allowance will be made for time in transit, or for any period of time equipment is not in actual use while in Customer's possession. Equipment must be returned during N C Power Systems Co.'s regular office hours. 3. COMPLIANCE WITH LAW AND SAFETY REGULATIONS: As N C Power Systems Co. has no control over the use of rented items by Customer, Customer agrees at its sole expense to comply with all federal, state and local laws, regulations and ordinances, which may affect the rented items and their use while in Customer's possession, including the Occupational Safety and Health Administration Act (OSHA), and WISHA. Customer hereby agrees to indemnify and hold N C Power Systems Co. harmless from any liability or expense including attorney fees resulting from any actual or alleged violations of such laws, regulations or ordinances. Customer further agrees to pay all licenses, fees or taxes arising from his use ofthe rented items. Customer shall not allow any person who is not qualified to operate the rented equipment, use the equipment when it is in need of repair or in an unsafe condition or situation, misuse, harm or abuse the equipment, permit any repairs or alterations to the equipment without N C Power Systems Co.'s written permission nor allow any lien to be placed upon the rented equipment without N C Power Systems Co.'s written permission. If the equipment becomes unsafe or requires repair, Customer shall discontinue using it and notify N C Power Systems Co. immediately. N C Power Systems Co. shall have the right to inspect the rented equipment at the premises ofthe Customer or wherever the equipment may be located during the period of Customer's possession. 4. TRAINING REQUIREMENTS: All operators must be trained in the use of this machine prior to operating it. Such training will be verified by the Operator using the machine, under the Customer's observation, for a sufficient time to demonstrate proficiency and knowledge in its actual operation. 5. MAINTENANCE AND REPAIR: Customer shall maintain each item of rented equipment, all additions, attachments and accessories with respect thereto, in good condition and shall be responsible for normal maintenance throughout the period of Customer's possession. Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the rented equipment daily, and to immediately perform maintenance which is reasonably necessary, and to notify N C Power Systems Co. when the rented equipment is found to be in need of repair. Customer acknowledges that N C Power Systems Co. has no responsibility to inspect the equipment while it is in the possession of Customer. N C Power Systems Co. has no obligation to replace equipment rendered inoperable. 6. SELECTION OF EQUIPMENT: Customer has made the selection of the equipment based upon its own judgment and expressly disclaims any reliance upon any statements or representations made by N C Power Systems Co. 7. CUSTOMER REMEDIES/DISCLAIMER AND BACK CHARGES: CUSTOMER'S SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN RENTED EQUIPMENT SHALL BE THE TERMINATION OF ANY RENTAL CHARGES ACCRUING AFTER THE TIME OF FAILURE, PROVIDED CUSTOMER NOTIFIES N C POWER SYSTEMS CO. IMMEDIATELY AFTER DISCOVERY OF DEFECT OR FAILURE AND THE EQUIPMENT IS RETURNED TO N C POWER SYSTEMS CO. WITHIN 24 HOURS FROM THE TIME OF DEFECT. N C POWER SYSTEMS CO. SHALL NOT BE RESPONSIBLE TO CUSTOMER, OR ANY AGENT OR EMPLOYEE OF CUSTOMER, OR TO ANY THE PARTY FOR ANY LOSS, DAMAGE OR INJURY OF ANY AND EVERY NATURE WHATSOEVER, INCLUDING ANY SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE RENTAL OF THIS EQUIPMENT, THE OPERATION OR USE OF THIS EQUIPMENT, OR ANY DEFECT IN OR FAILURE OF THE EQUIPMENT. Rental payments hereunder are not subject to back charge, abatement or setoff. 8. ACCIDENT: In the event of accident, Customer shall give immediate written notice to N C Power Systems Co. with all available information, and shall assist N C Power Systems Co. in securing information as to the facts and circumstances of any such accident. In the event costs are incurred or proceedings are commenced by N C Power Systems Co. to recover possession of said equipment or to enforce any of the terms, conditions or provisions hereof, Customer agrees to pay reasonable attorney's fees and all costs incurred in connection therewith. 9. INDEMNITY: TO THE FULL EXTENT ALLOWED BY LAW, THE INDEMNITY SET FORTH ON THE FRONT PAGE SHALL INCLUDE ANY CLAIM OF CUSTOMER'S EMPLOYEES, AND CUSTOMER EXPRESSLY WAIVES ANY IMMUNITY FOR SUCH CLAIMS UNDER THE APPLICABLE WORKER'S COMPENSATION LAWS. 10. RETURN OF EQUIPMENT AND DAMAGE: At the expiration or sooner termination ofthe rental agreement, or upon N C Power Systems Co. prior demand, Customer promises to return all rented equipment in the condition and repair as when delivered to Customer subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss ofthe equipment (except to the extent the Limited Damage and Theft Waiver has been accepted and is applicable). If the equipment is returned in a damaged or excessively worn condition, Customer shall pay N C Power Systems Co. the reasonable cost of repair, and pay rental on the equipment at the regular rental rate until all repairs have been completed. N C Power Systems Co. shall be under no obligation to commence repair work until Customer has paid N C Power Systems Co. the estimated cost thereof. 11. REASONABLE WEAR AND TEAR: Reasonable wear and tear of rented equipment shall mean only the normal deterioration ofthe equipment caused by ordinary and reasonable use on a one -shift (eight hours per day, five days per week) basis. The following shall not be deemed reasonable wear and tear: (a) damage resulting from lack of lubrication or maintenance of necessary oil, water, fluid and air pressure levels; (b) damage resulting from lack of servicing or preventive maintenance suggested in the manufacturer's operation and maintenance manual; (c) damage resulting from any collision, overturning or improper operation of the equipment, including overloading or exceeding the rated capacity ofthe equipment; (d) damage from dirtying ofthe rented equipment by mud, paint, plaster, concrete, resin or any other material; (e) damage in the nature of dents, bending, tearing, staining, and misalignment ofthe equipment or any part thereof, (f) wear resulting from use in excess of a one -shift basis; and (g) any other damage to the equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the equipment shall be made to the reasonable satisfaction of N C Power Systems Co. and in a manner which will not adversely affect the operation or value of the equipment. 12. LIMITED DAMAGE THEFT WAIVER: If Customer has agreed to purchase the Limited Damage and Theft Waiver, and takes all reasonable precautions to safeguard rented items and use them in a safe and responsible manner, N C Power Systems Co. assumes the following risks of direct physical loss or damage to the rented items: A. All but fifty percent (50%) of the replacement cost of items stolen while on rental, EXCEPT: (1) Accessories, such as air hoses, ducting, electric cables and cords, fuel tanks, and tires are not covered under any circumstances. (2) Loss from any type of mysterious disappearance or shortage discovered on inventory is not covered. (3) Loss is not covered unless equipment was kept locked and guarded. Customer agrees to pay fifty percent (50%) ofthe replacement costs immediately upon discovery of loss and agrees that this payment does NOT convey title to Customer. If any such equipment is recovered at a later date N C Power Systems Co. may, at its sole option, offer the equipment for sale to Customer at current market value less the amount already paid for its loss, or refund to the Customer the amount already paid and retake possession and use ofthe equipment. B. Damage to equipment that is used and stored in a safe and reasonable manner, EXCEPT LOSS OR DAMAGE IS NOT COVERED UNDER THE FOLLOWING CIRCUMSTANCES: (1) Loss, damage or failure of tires and tubes under any circumstances. (2) If equipment is overloaded, operated above the rated capacity, rolled over, or if operating and safety instructions are not followed. (3) If Customer fails to provide sufficient and proper maintenance and servicing of equipment, including but without limitation, lubrication, change of filters when required, and maintenance of adequate air, oil, water, or fuel pressures or levels. (4) If damages results from improper or unsafe operation or care, whether caused by negligence, lack of training, incompetence, or infidelity ofthe Customer's employee or other person to whom rented items are entrusted. 13. INSURANCE: "N C Power Systems Co." means "Hamish Group Inc. and its related companies and wholly owned subsidiaries." L EQUIPMENT INSURANCE. Customer will carry Commercial General Liability insurance and Inland Marine insurance that will cover equipment rented from N C Power Systems Co. (a) Liability. Coverage must be provided by the current version of the Commercial General Liability coverage with limits of $1,000,000 per occurrence, $1,000,000 general aggregate, $1,000,000 personal a?Wdvertising injury, and $1,000,000 products-c dnlegc operationspggreg tOf 5 Customer must name N C Power Systems Co. as additional insureds on form CG 20 28 04 13 or equivalent. (b) Damage To Equipment. Coverage must be provided on an appropriate contractor's equipment coverage form providing the equivalent of "all risk" coverage with a limit equal to the value of the equipment assigned by N C Power Systems Co. N C Power Systems Co. must be named as loss payee on an appropriate endorsement. If Customer elects to purchase the Loss Damage Waiver in Paragraph 12, Section 131(b) does not apply. (c) Cargo. If Customer, or Customer's designee (other than N C Power Systems Co.) is delivering the equipment to customer's site, customer or customer's designee must have cargo insurance equal to the value of the equipment assigned by N C Power Systems Co. IL AUTO INSURANCE. Customer will carry auto liability and physical damage insurance written on the current version of the ISO Business Auto Coverage Form CA 00 01, subject to the following requirements: (a) Liability. Coverage must be provided with either a Symbol 1 — Any Auto or a Symbol 8 — Hired Autos Only. The limit of liability must be at least $1,000,000 per accident. Customer must carry any no-fault or other coverages required by law, with those coverage having limits at least equal to those required by law. Customer must name N C Power Systems Co. as additional insureds on form CA 20 01 or equivalent. (b) Physical Damage. Coverage must be provided by a Symbol 8 — Hired Autos Only. Coverage must name N C Power Systems Co., including but not limited to N C Power Systems Co. as loss payee on form CA 20 01 or equivalent. Customer is responsible for all risks of loss, damage, theft, or destruction of the rented vehicle. In case of loss, damage, theft, or destruction of the auto, Customer and/or Customer's insurance will pay N C Power Systems Co. the actual cash value of the auto. III. GENERAL. All insurance coverages must be written by a carrier with an A.M. Best Financial rating of A- XII or better. At the time of rental, Customer will deliver to N C Power Systems Co., from which Customer is renting the vehicle or equipment, a copy of its insurance policy or certificate of insurance as verification that Customer has purchased the required coverage. Customer will ensure that N C Power Systems Co. will receive notice of cancellation in accordance with the provisions of the appropriate state law but in no case less than ten (10) days' notice to N C Power Systems Co., or the subsidiary or related company from which the vehicle or equipment was rented. Customer acknowledges that Customer is obligated immediately to return the vehicle to the location from which it was rented ifnotice of cancellation is issued for Customer's auto insurance. Customer acknowledges that the insurance requirements in this contract are minimum requirements and in no way limit the amounts available to pay claims. N C Power Systems Co. in no way warrants that the minimum requirements contained in this contract are sufficient to protect Customer for liabilities that might arise from the rental of autos or equipment under this agreement. 14. DEPOSIT. Customer hereby agrees that any rental deposit in addition to securing the payment of rental charges hereunder shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the items, covenants and/or agreements to be performed by Customer hereunder and in the event of any breach by Customer of any of the said terms, covenants and/or agreements, said deposit shall be credited against any damages, cost or expense incurred by N C Power Systems Co. as a result of said breach. 15. FAILURE TO DELIVER: Customer hereby releases and discharges N C Power Systems Co. from any and all liability for damages which might be caused by failure of N C Power Systems Co. to deliver any equipment within the agreed time. 16. RENT PURCHASE AGREEMENT: Rental equipment does not carry the option to purchase unless N C Power Systems Co. and the Customer agree in writing upon the same prior to the rental of the equipment. 17. PRODUCT LINK: In the event this machine is equipped with Product Link, I understand data concerning this machine, its condition, and its operation is being transmitted by Product Link to Caterpillar Inc., its affiliates (Caterpillar), and/or its dealers to better serve me and to improve upon Caterpillar products and services. The information transmitted may include: machine serial number, machine location, and operational data, including but not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments. Caterpillar will not sell or rent collected information to any other third party and will exercise reasonable efforts to keep the information secure. Caterpillar Inc. recognizes and respects customer privacy. I agree to allow this data to be accessed by Caterpillar and/or its dealers. 18. TITLE: Title to all rented equipment is and shall remain in N C Power Systems Co. If the equipment is levied upon or the agreement is terminated for any reason whatsoever, N C Power Systems Co. may retake the equipment without notice or legal process, and may take all action reasonably necessary to do so. 19. SECURITY AGREEMENT: Title and the right to immediate possession of any purchased equipment described on the front side hereof shall remain in N C Power Systems Co. until all items have been paid for in full. Customer hereby grants to N C Power Systems Co. a security interest in said equipment pursuant to the provisions of the Washington or Uniform Commercial Code whichever is applicable and any other applicable provisions of law, except as otherwise provided for herein. In the event of default by Customer, N C Power Systems Co. shall be entitled to immediate possession of all equipment described herein and any other remedies afforded N C Power Systems Co. by this agreement or law. 20. NOTICE OF NON -WAIVER: Any failure of N C Power Systems Co. to insist upon strict performance by Customer of the conditions and terms of this agreement shall not be construed as a waiver of N C Power Systems Co.'s right to demand strict compliance. Time is expressly made the essence of this agreement. 21. RETAKING OF EQUIPMENT/DAMAGES: If for any reason it becomes necessary for N C Power Systems Co. to retake the equipment, N C Power Systems Co. and its agents may go upon Customer's property and retake the equipment without notice or legal process. N C Power Systems Co. and its agents may take all action reasonably necessary to retake the equipment and Customer waives for himself, agents and employees, all claims for damages and losses, physical and pecuniary, caused by retaking by N C Power Systems Co. Customer agrees to pay all costs and expenses incurred by N C Power Systems Co. in retaking the equipment. 22. PURCHASE ORDERS: The use of Customer's purchase order number on this contract is for Customer's convenience and identification only. This contract constitutes the sole agreement between the Customer and N C Power Systems Co. and supersedes any purchase order provision whether sent or received prior to or subsequent to this contract. Absence of purchase order number shall not constitute grounds for nonpayment of charges when Customer has the right to enjoy the use of the items. 23. DEFAULT: Should Customer in any way fail to perform, observe or keep any provision of this agreement, N C Power Systems Co. may exercise, concurrently or separately, any one or more of the following remedies: (a) termination of this agreement; (b) declaration of the entire rent immediately due and payable and commencement of legal action for recovery of said sums; (c) retaking possession of the equipment and holding Customer fully liable for all rentals; and (d) pursuit of any other remedies available to N C Power Systems Co. 24. ATTORNEY'S FEES AND VENUE: In the event that N C Power Systems Co. is required to retain an attorney to enforce any provision of this agreement, whether or not suit instituted, Customer shall be responsible for and pay, in addition to any other sums due under this agreement, attorney's fees, expenses and court costs. Furthermore, Customer agrees that venue may be at the option of N C Power Systems Co., in King County, Washington. 25. SEVERABILITY: If any provision of this agreement is invalid, it shall be considered deleted herefrom, and shall not invalidate the remaining provisions. 26. ASSIGNMENT OR SUBLETTING AND LOCATION: Customer shall not assign or transfer the rental agreement, nor shall Customer assign or sublet the rented equipment or any part thereof, without the written consent of N C Power Systems Co. first had and obtained. No item of rented equipment shall be removed from the location represented by Customer without the prior written consent of N C Power Systems Co. 27. ENTIRE AGREEMENT/APPLICABLE LAW: THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SHALL BE BINDING ON THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. This agreement covers all equipment rented or purchased by Customer from N C Power Systems Co. and may not be amended or altered except in writing signed by both parties. This agreement had been executed by Customer and delivered to N C Power Systems Co. at N C Power Systems Co.'s office, King County, Washington and shall be governed and interpreted under laws of the State of Washington. N C POWER SYSTEMS CO. By: "NCPS" By: 140 Customer" Y04787 Page 5 of 5 Resolution 2023-027: A Resolution of the City Council of the City of Seward, Alaska, Approving Amendment No. 3 to the Lease Agreement between the City of Seward and He Will Provide, Inc. Documents: • Agenda Statement • Resolution 2023-027 • Attachments: o Amendment No. 3 o Resolution 2013-047 o Resolution 2019-005 o Resolution 2021-120 `E Meeting Date: To: From: Subject: City Council Agenda Statement February 27, 2023 City Council Janette Bower, City Manager Resolution 2023-027: Approving Amendment No. 3 to the Lease Agreement between the City of Seward and He Will Provide, Inc. Background and justification: Founded in 2009, He Will Provide, Inc. is a 501(c)(3) organization that has served the Seward Community for a number of years and provides hundreds of meals every month to the community members who lack food security. Since 2013, He Will Provide, Inc. has leased space in the City of Seward's Annex building. Amendment No. 3 to the lease agreement between the City of Seward and He Will Provide Inc. will extend the term of the lease until 2027 and provide the consistency and reliable area of operations that He Will Provide, Inc. requires in order to fulfill their mission of continuing to provide meals for community members who are in need. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 300 per month This legislation (✓): x Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted Not applicable 3600 annually Fund Balance Information Affected Fund (✓): General SMIC Iq Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other iCy: Note: amounts are unaudited Fund Balance/Net position - unrestricted/unassigned $ Restricted/Unavailable Cash Balance: $ Available Unrestricted Cash Balance: $ Total Cash Balance: Note: Unrestricted Net Position represents the total non -capital assets of the fund less anyliabilities while unrestricted cash represents the liquid spendable ,portion of these assets on a short-term basis Finance Director Signature: { Attorney Review RYes Attorney Signature: Not applicable Comments: x Approve Resolution Other: Administration Recommendation 143 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2023-027 A Resolution of the City Council of the City of Seward, Alaska, Approving Amendment No. 3 to the Lease Agreement between the City of Seward and He Will Provide, Inc. WHEREAS, He Will Provide, Inc. delivers a valuable service to the Seward Community through their provision of much needed meals to the most vulnerable population in the community who do not have access to sufficient food resources; and WHEREAS, Resolution 2013-047 authorized the City Manager to negotiate and execute a lease agreement with He Will Provide, Inc. for the purpose of providing a charitable food distribution program in the basement of the City Annex building; and WHEREAS, Resolution 2019-005 authorized the City Manager to reduce lease payment requirements for He Will Provide, Inc. and approved Amendment No. 1 to the lease agreement; and WHEREAS, Resolution 2021-120 approved Amendment No. 2 to the lease agreement and extended the term to November 1, 2023; and WHEREAS, Amendment No. 3 to the lease agreement amends the term of the lease agreement to be in effect until November 1, 2027. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves Amendment No. 3, attached hereto, to the lease agreement between the City of Seward and He Will Provide, Inc. Section 2. This resolution shall take effect on November 1, 2023. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 144 City of Seward Agreement Between the City of Seward and He Will Provide, Inc. Amendment No. 3 Amendment No. 3 to the agreement between the City of Seward and He Will Provide dated August 2, 2013. WHEREAS, the City of Seward and He Will Provide entered into a lease agreement for 1200 square feet of the south and west corner of the City Annex Building at 238 5t Avenue, Seward, Alaska (the "Leased Property"), on August 2, 2013; and WHEREAS, term of the least was beginning August 2, 2013 and ending August 1, 2018; and WHEREAS, the lease agreement is currently on a month to month term; and WHEREAS, He Will Provide delivers a valuable service to the Seward community; and WHEREAS, Amendment No. 1 to the lease agreement was executed on January 28, 2019; and WHEREAS, Amendment No. 2 to the lease agreement was executed on October 25, 2021. NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties to the agree to amend the agreement as follows: 2. Term. The term of this Lease shall be amended to read, "beginning November 1, 2023 and ending November 1, 2027". 20. Termination. "He Will Provide may terminate this lease at any time for any reason. Any such termination will require 90 days' notice to the City." Except as provided herein, all other terms and conditions of the agreement and any amendments remain in full effect. In witness thereto, the parties have set their hands and seals below: TeWill Provide --a/ -' - -a .!� =------- Date City of Seward ---------------------------------- Date `R City of Seward Agreement Between the City of Seward and He Will Provide, Inc. Amendment No. 2 Amendment No. 2 to the agreement between the City of Seward and He Will Provide dated August 2, 2013. WHEREAS, the City of Seward and He Will Provide entered into a lease agreement for 1200 square feet of the south and west corner of the City Annex Building at 238 5t' Avenue, Seward, Alaska (the "Leased Property"), on August 2, 2013; and WHEREAS, term of the least was beginning August 2, 2013 and ending August 1, 2018; and WHEREAS, the lease agreement is currently on a month to month term; and WHEREAS, He Will Provide delivers a valuable service to the Seward community; and WHEREAS, Amendment No. 1 to the lease agreement was executed on January 28, 2019; and NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties to the agree to amend the agreement as follows: 2. Term. The term of this Lease shall be amended to read, "beginning November 1, 2021 and ending November 1, 2023". 20. Termination. "He Will Provide may terminate this lease at any time for any reason. Any such termination will require 30 days' notice to the City." Except as provided herein, all other terms and conditions of the agreement and any amendments remain in full effect. In witness thereto, the parties have set their hands and seals below: ------------------------------------ He Will Provide Date City of Seward Date Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-120 A RESOLUTION OF THE CITY CO1.1NCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THL Crrl' OF SEWARD AND HE WILL PROVIDE, INC. WHEREAS, He Will Provide, Inc. delivers a valuable service to the Seward Con)i-nunity through their provision of much needed meals to the most vulnerable population in the community who do not have access to sur icient food resoorces; and NVIIEREAS, Resolution 2013-047 authorized the City Manager to negotiate and execute ri lease aWgreenicnt � ith He Will Provide.. Inc. for the purl)ose of providing a charitable food distribution pro-r,:ni in the hascment or the City Annex building, and NVIIEREAS, Rcsc7lu11011 1019-005 authorized the City Manager to waive lease payment requirements for lie Will Provide, Inc. and approved Amendment No. 1 to the lease agreement; and WHEREAS, Amendment No. 2 to the lease agreement amends the term of the lease agreement to be in effect until November 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COL'N('[L OF THE CITY OF SEWARD, ALASKA that: Section 1. The Sc%yard City Council herehy approves Amendment No.2, attached hereto, to the lease agreeniont between the ['ity of Seward and I le Will Provide, Inc. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25'' day of October, 2021. `EIfA CITY OF SEWARD, ALASKA RESOLUTION 2021-120 AYES: McClurc. Osenga, DeMoss, Casagranda, Calhoon, Terry NOES: None ABSENT: Nook ABSTAIN: None VACANT: One. ATTEST: Brenda J. Ba ?,i MC City Clerk 148 City Council Agenda Statement Meeting Date: October 25, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-120: Approving Amendment No. 2 to the Lease Agreement between the City of Seward and He Will Provide, Inc. Background and justification: Founded in 2009, He Will Provide, Inc. is a 501(c)(3) organization that has served the Seward Community for a number of years and provides hundreds of meals every month to the community members who lack food security. Since 2013, He Will Provide, Inc. has leased space in the City of Seward's Annex building. Amendment No. 2 to the lease agreement between the City of Seward and He Will Provide Inc. will extend the term of the lease until 2023 and provide the consistency and reliable area of operations that He Will Provide, Inc. requires in order to fulfill their mission of continuing to provide meals for community members who are in need. Consistency checklist: Comprehensive Plan: Not Applicable Fiscal note: Annual lease revenue of $3,600 will be recorded in the General Fund under Land Rents & Leases account no. 01000-0000-4380. Finance Department approval: Attorney Review: �� __ ►►�� ``''��fr Yes ❑ No ❑ Not applicable x❑ Recommendation City Council approve Resolution 2021-120. 149 Sponsored by: Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO WAIVE LEASE PAYMENT REQUIREMENTS FOR THE HE WILL PROVIDE INCORPORATED FOOD PANTRY WHEREAS, upon approval of Resolution 2013-047, the City of Seward negotiated and entered into a lease agreement with the He Will Provide Inc. (HWPI) Food Pantry to utilize the City Hall Annex basement for their food panty services; and WHEREAS, the HWPI Food Pantry is a 501(c)(3) non -far -profit organization that, through volunteer services, provides between 50-60 families approximately 40,000 pounds of food annually; and WHEREAS, the HWPI Food Pantry is in good standing with the City of Seward lease agreement paying either monthly or quarterly in an amount equal to $625 per month; and WHEREAS, on January 14, 2019 there was a discussion item on the city council agenda titled `'Discuss eliminating rent for the Ile will Provide Food Bank"; and WHEREAS, after council discussion, administration was asked to return with a resolution authorizing the city manager to waive the HWPI lease payment requirements; and WHEREAS, the HWPI Food Pantry intends to use the lease payment savings to purchase food from local establishments, such as powdered milk, rice and beans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to change the lease payment requirements for the He Will Provide Inc. Food Pantry to $300 per month. Section 2. Amending the 2019 budget to reduce Rents and Leases revenue, account No. 01000-000-4380 by $3,900. Section 3. This resolution shall take effect immediately upon adoption. 150 CITY OF SEWARD, ALASKA RESOLUTION 2019-005 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 281h day of January, 2019. THE CITY OF SEWARD, ALASKA "Squires, .�ww AYES: Osenga, Seese, McClure, Towsley, Lane. l-lorn, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: (City Seal) .•,r Of Sepq� ♦ 1 r •'�• G I��r e� r' s L m SEAL • � � s. r�►�rerrr � �° IN Agenda Statement Meeting Date: January 28, 2019 To: Seward City Council From: Jeff Bridges, Interim City Manag c Agenda Item: Waiving Lease Payment Requirements with He Will Provide Inc. Food Pantry BACKGROUND & JUSTIFICATION: The City of Seward entered into a lease agreement with He Will Provide Inc. (HWPI) on August 2" `', 2013 following the approval of Resolution 2013-047. HWPI is a 501(c)(3) registered non -for -profit currently in good standing with the City in their lease payments. The HWPI Food Pantry pays either quarterly or monthly in an amount equal to six hundred and twenty-five dollars ($625) per month. The HWPI Food Pantry is open fifty-two (52) weeks per year all staffed by volunteers. In 2018 they gave out an estimated 40,000 pounds of food to a regular client base of 50-60 families. On the January 141h Regular City Council meeting there was a discussion item titled "Discuss eliminating rent for the He Will Provide Food Bank". After Council discussion, Administration was directed to return with a Resolution to authorize the City Manager to waive the lease payment requirements for the HWPI Food Pantry. INTENT: To authorize the City Manager to waive the lease payment requirements for the He Will Provide Inc. Food Pantry. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (doczment source here): X 3. Other (list): X FISCAL NOTE: This action will result in a reduction in Lease and Rents revenue equal to $7,500 per year. Approved by Finance: -- ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2019- 005 authorizing the City Manager to waive the lease payment requirement for the He Will Provide Food Pantry. im 012-IZ-<3 r 3 Vra peo / 3 0 Li % Agreement between the CITY OF SEWARD And HE WILL PROVIDE INC. SUBJECT: Amending the lease payment amount for He Will Provide Inc. authorized by Resolution 2019-005 and subsequently amended as follows: a,? vo e,� 1/z8/�9 Original Contract: ►•-r✓d 3. RENT INITIAL TERM. During the Initial Term, HWPI shall pay to the City as rent for the Leased Property the amount of $625.00 (Six Hundred Twenty -Five Dollars) each month payable in advance on the first day of each calendar month. Monthly rent for any partial month shall be prorated at the rate of 1/30" of the monthly rental per day. Alternatively, during the initial period, the parties may agree to an annual instead of a monthly payment, also payable in advance. Amendment No. 1: Noi1:0to INITIAL TERM. During the Initial Term, HWPI shall pay to the City as rent for the Leased Property the amount of $300.00 (Three Hundred Dollars) each month payable in advance on the first day of each calendar month. Monthly rent for any partial month shall be prorated at the rate of 1/30ab of the monthly rental per day. Alternatively, during the initial period, the parties may agree to an annual or quarterly instead of a monthly payment, also payable in advance. HE WILL PROVIDE INC. M. Its: CITY OF SEWARD Date: -'z t 201 Q Meszaros er Date +gy�t2 calx=ra a -% ri ATTEST: C, °, a � " SEA. r Brenda Ballou, Ci Clerk Dater� '.s,A.0 goo 153 fully inspected and acknowledged that the Leased Property is in good condition and repair, and that HWPI is satisfied with and has accepted the teased Property in such good condition and repair. 5. INSPECTION BY THE CITY. The City shall have the right to enter on the premises where the Leased Property may be located for the purpose of inspecting it or observing its use upon the giving of twenty-four hours advance written notice. Any inspection by the City shall occur only during business hours. 6. ALTERATIONS AND IMPROVEMENTS. HWPI, at its sole cost and expense, may make any and all alterations, additions, and improvements to the Leased Property, provided such alterations, additions, and improvements are approved by the City in advance. 7. TITLE TO IMPROVEMENTS BY HWPI. Any other provisions of this Lease to the contrary notwithstanding, HWPI, upon termination of this Lease for any reason, may but need not, promptly remove, in no event later than thirty days from the termination of the Lease, trade fixtures and equipment from the Leased Property provided that HWPI shall repair any damages to the Leased Property caused by such removal. All additions to and improvements of the Leased Property of any kind not removed by HWPI upon termination of this Lease shall immediately become the property of the City. 8. MAINTENANCE. HWPI, at its own cost and expense, shall keep the Leased Property clean and undamaged, subject to normal non -abusive use. The City may promptly repair any damage not caused by the negligence or intentional misconduct of HWPI. 9. SIGNAGE. HWPI, with the consent of the City, may construct, install or maintain, or affix any sign, banner or like display identifying the Leased Property as a food bank to be placed upon the Leased Property in such manner as to be visible from the outside thereof. Any signage so displayed or affixed shall be removed upon the expiration or termination of this Lease. 10. INSURANCE. HWPI, at its own expense, will maintain the Leased Property insured for such risks and in such amounts as may be consistent with the City's risk management procedures. Upon request by the City, HWPI will deliver to the City evidence of all such insurance. 11. TAXES AND FEES. HWPI shall be responsible for any and all license fees, assessments, and sales, use, property, and other taxes, if any, now or in the future imposed on the Leased Property. 12. OWNERSHIP. The Leased Property is and shall at all times remain the sole property of the City, and HWPI shall have no right, title, or interest therein except as expressly set forth in this Lease. 13, SUSPENSION OF OBLIGATIONS OF THE CITY. The obligations of the City under this Lease shall be suspended, and shall not be considered an event of default, to Lease Agreement �Q Page 2 of b U154 19. NOTICES. Any communications between the City and HWPI, payments, and notices provided herein to be given or made, may be given or made by mailing them to the City and HWPI at the following addresses: He Will Provide Inc. P.O. Box 3445 Seward, Alaska 99664 City of Seward Attn: City Clerk P.O. Box 167 Seward, Alaska 99664 (or to such other address as either party may indicate in writing to the other party.) 20. TERMINATION. Either party may terminate this Lease prior to the expiration of the Initial Term pursuant to the default provisions in this Lease. After the expiration of the Initial Term, the City has the right to terminate upon the giving of written notice to HWPI one full calendar month in advance of the date of intended termination. 21. TIME OF ESSENCE. Time is the essence of this agreement. 22. NO ASSIGNMENT. Neither this Lease nor any right or interest hereunder shad be assigned or transferred by HWPI in any respect whatsoever without the prior written consent of the City. 23 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. 24. 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 the City and HWPI. 25. 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. 26. GOVERNING LAW. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. The terms of this Lease are subject in all respects to the Charter and Code of Ordinances of the City in effect on the effective date of this Lease, and as they may be hereafter amended, 27. VENUE. Venue for any legal action arising out of or relating to this Lease shall be in the Superior Court for the State of Alaska, Third Judicial District at Anchorage, unless otherwise agreed to by the Parties. For purposes of this Lease, the City and HWPI consent to the personal jurisdiction of such court. Lease Agreement f� Page Q of 6 11� Dated this CITY OF SEWARD ATTEST: J6hanna Kin y, C City Clerk 6 1 p'F SF .�0� ;•sue E SEALw w w fI kp ��a�ranr aay Lease Agreement day of , r-&A A 211- 2013. HE WILL PROVIDE INC. Page 6 of 6 0 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH HE WILL PROVIDE INC. FOR THE PURPOSE OF PROVIDING A CHARITABLE FOOD DISTRIBUTION PROGRAM IN THE BASEMENT OF THE CITY ANNEX BUILDING WHEREAS, He Will Provide Inc. ("HWPI"), established locally in 2007, is the only Seward -based charitable food distribution program; and WHEREAS, HWPI was organized by a number of local entities, has no specific religious affiliation, and its services are available to any Alaskan regardless of need; and WHEREAS, HWPI provides food for up to 100 Seward area individuals weekly; and WHEREAS, HWPI is one of only two food banks statewide that is able to offer a shopping - like service for individuals and families; and WHEREAS, HWPI needs a new location in which to operate because the building it currently occupies has been sold and it must vacate its current location; and WHEREAS, the relocation of the Library/Museum into its new building has left vacant space in the former library building located at 238 Fifth Avenue, now referred to as the City Annex Building; and WHEREAS, HWPI provides an important public service through its food distribution program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council finds that the public's interest is not served by conducting an appraisal as a basis for establishing the lease rate, and that authorizing the City Manager to negotiate and execute a lease with HWPI for less than fair market value is in the public's interest. Section 2. The City Manager is authorized to negotiate and execute a Lease Agreement with HWPI, to lease approximately 1200 square feet of the south and west corner of the City Annex Building at 238 5th Avenue, Seward, Alaska, upon substantially the terms specified in the attached form of lease. 157 CITY OF SEWARD, ALASKA RESOLUTION 2013-047 Section 3. The 2013 budget for General Fund Lease revenues is hereby amended to increase by $3,125 for the period of approximately August through December, 2013. Section 4. This resolution shall take effect 30 days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of June, 2013. THE CITY OF SEWARD, ALASKA <---\ A Da—v�iSeawa� ",ayor\ AYES: VaIdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: MAN, Oran SEAL "Poi OF R 11 158 Council Agenda Statement Meeting Date: June 24, 2013 From: Ron Long, Assistant City Manager 4 Agenda Item: He Will Provide Inc. Lease BACKGROUND & JUSTIFICATION: The He Will Provide Inc, Food Pantry is a 501 (c) (3) registered coalition of charitable organizations that joined forces in 2009 to help meet the nutritional needs of Seward. The group helps feed up to 100 individuals weekly. The building space that has been occupied by the Food Pantry since its inception has been sold and the group is looking for a new space to operate from. Construction and relocation of the new Library /Museum has made space available in the City of Seward's Old Library/new City Hall Annex Building. A Lease agreement between the City and the Food Pantry will benefit the community and make good use of the vacant space. Based on the charitable service provided, administration recommends that council finds it to be in the public's best interest to establish a less than full market value lease rate. INTENT: Authorize the City Manager to negotiate and execute a lease agreement with He Will Provide Inc. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: The Comprehensive Plan "values the contributions of the various X organizations and individuals that work to better our community" Strategic Plan: 2. The Strategic Plan supports "being responsive to the needs of its citizens", X "values a sense of community" and "enhance social services". 3. Other (fist): FISCAL NOTE: This lease agreement will generate $7,500 in rental income per year, for a total of $37,500 gross income over the full five-year term. The lessee will be responsible for its own janitorial and maintenance costs, but the City will bear the water, sewer, and electric utility costs associated with the leased space. Approved by Finance Department: 4&a�_ L.4h� 0 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2013- ()"fl, Authorize the City Manager to negotiate and execute a lease with He Will Provide Inc. Food Pantry and the City of Seward. 159 (Q Action Memorandum 2023-002: Authorizing The City Manager To Enter Into A Contract With The Seward Chamber Of Commerce For The Provision Of Marketing And Visitor Services Documents: • Action Memorandum 2023-002 • Attachments: 0 2023-2024 Marketing Contract o Resolution 2013-058 o Resolution 1997-052 1I:39 City of Seward Action Memorandum 2023-002 Meeting Date: February 27, 2023 To: City Council From: Janette Bower, City Manager Subject: Action Memorandum 2023-002: Authorizing the City Manager to Enter into a Contract with the Seward Chamber of Commerce for the Provision of Marketing and Visitor Services Background and justification: The Seward Chamber of Commerce and the City of Seward have a long history of collaboration which is focused on driving economic growth in the community. Resolution 1997-052 declared the City Council's intent to utilize hotel/motel room tax (bed tax) to compensate the Seward Chamber of Commerce for the provision of marketing services and promoting the location business community and area businesses. In 2013, the City Council approved Resolution 2013-058, which reaffirmed the Seward Chamber of Commerce as the lead marketing entity of the City of Seward. Historically, the City of Seward paid the Seward Chamber of Commerce 50% of the collected bed tax. In the 2023-2024 Operating Budget, the City Council approved a flat fee of $300,000 for the Seward Chamber of Commerce. This Action Memorandum authorizes the City Manager to enter a contract with the Seward Chamber of Commerce for the provision of marketing services and three specific action items: destination management, visitor services, and economic development. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1 Attract new business Strategic Plan: Page 5 Goals and Objectives, Attract New Ind Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of x Has no fiscal impact Funds are (✓): x Budgeted Line item(s): Not budgeted Not applicable IN Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric Wastewater Water F1 Healthcare Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: Note: amounts are unaudited Finance Director Signature: Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation eAdopt AM Other: Disposition (Completed by the City Clerk's Office) G[M Seward Chamber of Commerce Marketing and Visitor Services Contract 2022 - 2024 Executive Summary: The Seward Chamber of Commerce and Visitor Center is pleased to present the following plan to continue fulfilling the city of Seward's need in the fields of destination marketing, visitor services, and economic development. Our community enjoys a vibrant visitor industry, an ever-growing marine service industry, and an entrepreneurial spirit that imbues our business community. Our non-profit organization works alongside the city of Seward to promote, manage, and encourage this vibrancy. This contract lays out a plan for FY23 and FY24, with a broad scope of work that covers the three sectors mentioned: destination management, visitor services, and economic development. Our small but effective team is excited to continue setting trends in Alaska marketing, growing our community's reach as a marine and business hub, and helping to make Seward a great place to call "home." We look forward to continuing our work in service to the community of Seward. Our Approach: As a non-profit organization, the Seward Chamber can have an intentional focus on serving Seward. Our mission dedicates us to the betterment of Seward as a business community and destination for people looking to live, work, and play. We are community minded, resourceful, transparent, nimble, and authentic in all the work that we do, and the projects we take on. Our work with the city of Seward falls into three main categories. 1. Visitor Services Information 2. Destination Marketing 3. Economic Development Contract Terms: Initiative Ordinance No. 95-1 established a 4 percent hotel/motel room tax on a city-wide basis with the "basic intent to provide for the promotion of tourism and development of visitor infrastructure and to provide for visitor services." As reiterated by Resolution 2019-003, the Chamber is appropriated a percentage of the second previous full year's bed tax revenue to act as the lead marketing entity. f[c1c'. We look forward to continuing this relationship on terms for FY23 and FY24 at an allocated funding level of $300,000. These funds will cover the following services. Visitor Services Information: Throughout the year, over 25,000 people interact with our Visitor Center staff in person. These interactions include answering basic visitation questions to assisting in booking lodging or campgrounds. Our small staff is the front line for information about anything and everything to do in Seward. In addition to in -person interactions, we see an average of 1,000 informational phone calls a month all year -long. We also manage an informative email inbox that is a useful tool for those planning trips to Seward. In tangent with our contract with the city, we have leases on the land for both our main Visitor Center and our Derby Booth in the harbor, which acts as an auxiliary visitor center in the summer. The leases allow us to further provide the best experience for visitors. Some other selected deliverables include: • Continued administration of the Visitor Information Center year-round and the auxiliary Derby Booth information center seasonally o Year-round staffing o Building & Grounds maintenance o Utilities & IT support (free public wifi 24/7) • Greeting and being on hand for informational services at the larger cruise ship dockings • Year-round informational source and trip planning • Conference & event planning • Seasonal bathrooms • Free public shuttle stop & lost and found • Seasonal staff • Year-round, full time Visitor Services staff Destination Marketing Organization (DMO): The Seward Chamber of Commerce has thoughtfully created a brand identity for the community of Seward, while serving as the DMO for the city of Seward. This brand identity has spurred the creation of a suite of printed publications and a breathtaking online presence that is setting trends in marketing styles across the state. Seward is a beautiful place, and we market it beautifully. Some selected activities and deliverables that fall under the DMO • Year-round Communications & Marketing Staff • Web maintenance and development o Seward.com and all visitor -oriented facets including calendar and trip planning o State of the art, well optimized site that attracts and informs visitors and locals • Digital Asset Management System • Visitation Statistics Information • Content Development o Visitor, Marine, and Hometown Guides o Visit Seward social media • Earned media o Continue to prioritize earned media opportunities with travel writers, publications, and other areas that are identified as target audiences • Travel Trade Shows • Wedding & Event Planning • Event Planning o Partner with local entities and industries to create and manage events that attract visitors. Economic Development: While Seward enjoys a profitable and vibrant visitor season, we work with the community to promote a wide variety of industries to make Seward an attractive place to live and work, as well as play. The marine industry plays a large role in our community, as does our town's entrepreneurial spirit. Thanks to our collaboration with the city, we can focus on supporting these other sectors of our community in line with our visitor services industry. Selected activities and deliverables include: • AK Small Business Development Coordinator o In collaboration with the city, we fund a small business development coordinator dedicated to Seward. We also provide a space for them to work and all necessary equipment to guarantee success • Attendance at the Pacific Marine Expo with invitations extended to key collaborators such as the City, AVTEC, and the Alaska Railroad • Growth as a "hometown" resource to effectively market the vast array of resources Seward offers. • Facilitate and organize economic development events like Alaska Start -Up Week • Continually collaborating with community partners • Collaborating with the city of Seward on community surveys, data collection and presentation, and legislative lobbying efforts `11-V Outside of the three tenets of our contract with the city of Seward, the Chamber is also open to ad -hoc projects as the Council, administration, and Chamber board see fit. To keep the Council & administration abreast of the Seward Chamber's marketing and economic development efforts, and the success of this contract, the Chamber Executive Director will report quarterly to City Council and PACAB. Janette Bower City Manager City of Seward Kat Sorensen Executive Director Seward Chamber of Commerce Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REAFFIRMING THE SEWARD CHAMBER OF COMMERCE, CONFERENCE AND VISITORS BUREAU AS THE LEAD MARKETING ENTITY AND ESTABLISHING COUNCIL'S INTENT TO ANNUALLY FUND WITH HALF OF THE ACTUAL BED TAX REVENUE FROM EACH SECOND PRIOR YEAR WHEREAS, the City of Seward implemented a 4% bed tax on January 1, 1996, and from 1996 through 2000, contributed varied amounts of the bed tax to the Seward Chamber of Commerce, Conference and Visitors Bureau (Chamber) to fund specific activities such as improvements to the visitors center, a visitor brochure, a feasibility study, convention center study, etc; and WHEREAS, beginning in 2001, the Seward City Council agreed to split half of the budgeted bed tax with the Chamber for the express purpose of providing contract marketing services on behalf of the community; and WHEREAS, beginning in 2002 the Seward City Council began basing the contribution to the Chamber of half of the previous full year's actual bed tax collected; and WHEREAS, since the 2005 the city budget has included an appropriation to the Chamber from the second previous full year's bed tax revenue at 50%; and WHEREAS, the city's Strategic and Comprehensive Plans clearly state the city's desire to expand its business base and to generate year-round employment; and WHEREAS, the city obtains significant benefits, direct and indirect, of marketing efforts with the quality of life for the citizens of Seward and surrounding areas as a direct result of a stable. vibrant, year-round economy; and WHEREAS, marketing is an important effort that must take place to achieve the goals of attracting new business and industry, support and grow existing businesses, and increasing customers coming to Seward; and WHEREAS, the Chamber has the experience, professional contacts and ability to provide marketing services for the community with the ability to focus resources and target specific marketing groups to react to changing markets and demands more efficiently and expertly than the City; and WHEREAS, the Chamber presents its budget to the Seward City Council annually and provides monthly updates on activities; and 167 CITY OF SEWARD, ALASKA RESOLUTION 2013-058 WHEREAS, the council recognizes that a coordinated marketing effort at the community - wide level is critical to a successful economy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby reaffirms the Seward Chamber of Commerce. Conference and Visitor's Bureau as the designated lead marketing entity for the City of Seward. Section 2. The City Council hereby confirms its intent to annually fund with half of the actual Bed Tax Revenue from each second prior year. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of July, 2013. THE CITY OF SEWARD, ALASKA David Seawar , M or AYES: Valdatta, Bardarson, Keil, Shafer, Terry NOES: Seaward ABSENT: Casagranda ABSTAIN: None ATTEST: 168 Agenda Statement Meeting Date: July 22, 2013 To: City Council From: City Manager Jim Hunt Agenda Item: Reaffirmation of Chamber funding tsAUKUKUUJND & JUSTIFICATION: The City's Strategic and Comprehensive Plans clearly state the City's desire to expand its business base and to generate year-round employment. Both plans include goals and objectives in regards to having a robust marketing campaign highlighting Seward's diverse resources and excellent quality of life. The City and its Citizen's obtain significant benefits, direct and indirect, of marketing efforts with the quality of life for the citizens of Seward and surrounding areas as a direct result of a stable, vibrant, and year round economy. Marketing is an important effort that must take place to achieve the goals of attracting new business and industry, support and grow existing businesses, and increasing customers coming to Seward. The Seward Chamber of Commerce, Conference and Visitor's Bureau (Chamber) has the experience, professional contacts and ability to provide marketing services for the community with the ability to focus resources and target specific marketing groups to react to changing markets and demands more efficiently and expertly than the City. During the budget process Council ensures the Chamber meets their mandated goals and objectives for the citizens and business of Seward. Representatives of the Chamber give a presentation to the City Council, and provide a written budget, specifying the use of these funds. Additionally, the Chamber Director provides monthly updates to Council and the Port and Commerce Advisory Board. INTENT: The City Council recognizes that a coordinated marketing effort at the community -wide level is critical to a successful economy and with this Resolution reaffirms the Seward Chamber of Commerce, Conference and Visitor's Bureau as the designated lead marketing entity for the City of Seward. Additionally, the City Council hereby confirms its intent to annually fund with half of the actual Bed Tax Revenue from each second prior year. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 3.1.1 Attract new business and industry to the greater Seward area. 3.1.1.1 Develop an active marketing campaign 1. that highlights the diverse resources and quality of life that makes X Seward an attractive place in which to live and to establish a business or industry. Strategic Plan: Page S Goals and Objectives, Attract New Industry 2 Develop an aggressive marketing campaign which highlights the diverse resources and quality of life that makes Seward a great X lace to live and establish a business or industry. '�­— 169 3. Other: Ordinance 1995-001, City Council Resolutions 1997-052, 2004- 047 and 2005-018. PACAB Resolution 2004-006 X FISCAL NOTE: The hotel/motel tax rate is 4%. It has been 4% since it was first put in place by an Initiative Ordinance by the voters, effective in January, 1996. Following is a sampling of various communities and their Bed Tax rates: Adak 5%; Anchorage 12%; Barrow 5%; Bethel 12%; Bristol Bay Borough 10%; Cordova 6%; Dillingham 10%; Fairbanks 8%: Fairbanks North Star Borough 8%; Haines Borough 4%; Juneau 7%; Ketchikan 7%; Ketchikan Borough 4%; Kodiak 5%; Kodiak Island Borough 5%; Kotzebue 6%; Mat -Su Borough 5%; McGrath 10%; Nome 6%; North Pole 8%; Pelican 10%; Petersburg 4%; Sand point 7%; Seward 4%; Sitka 6%; Skagway 8%; Valdez 6%. Seward's Ordinance was followed up by a Resolution of the City Council, stating their intent to appropriate a portion of the bed tax to promote tourism and develop visitor infrastructure. Resolution 1997-052 specifically identified the Chamber of Commerce for purposes of providing marketing and other services on behalf of the community. Ever since that time, the City has appropriated a portion of the Bed Tax, and beginning in 2001 it has been one-half of the bed tax to the Chamber of Commerce for marketing and economic development. The other half of the bed tax is used to fund the General Fund's infrastructure projects benefiting visitors which could include things such as public restrooms, viewing areas, pavilions, campground improvements, sidewalks, library, etc. The bed tax is apportioned to the Chamber based on one-half of the bed tax collected during the second prior year (the intent is that when the budget is formulated, the amount of the bed tax allocation for the first year in the biennial budget, is based on a known figure). So for example, in 2012 the City provided the Chamber with $164,198 which represented one-half of the 2010 actual bed tax revenues of $328,396. Bed tax revenues in 2011 were $334,823.77, so one-half of that would be $167,411.88 to the Chamber in 2013, and were $380,210.48 in 2012, so the Chamber allocation in 2014 -- assuming the Council still allocates one-half of the bed tax to the Chamber -- would be $190,105.24. Approved by Finance Department: W Wa�� ATTORNEY REVIEW: Yes No X RECOMMENDATION: � Approve Resolution 2013- O� reaffirming the Seward Chamber of Commerce, Conference, and Visitor's Bureau as the lead marketing entity and establishing Council's intent to annually fund with half of the actual bed tax from each second year prior. $ 170 r r Sponsored by: Keil and King CITY OF SEWARD, ALASKA RESOLUTION NO.97-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DECLARING COUNCIL INTENT WITH RESPECT TO THE PROCEEDS OF THE HOTEL/MOTEL ROOM TAX WHEREAS, Initiative Ordinance No. 95-1 established a four percent (4%) hotel/motel room tax on a city-wide basis; and WHEREAS, the City Council supports the development and promotion of tourism as a major industry in Seward; and WHEREAS, the City Council's basic intent through Initiative Ordinance No. 95-1 is to provide for the promotion of tourism and development of visitor infrastructure and to provide for visitor services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council recognizes that the hotel/motel room tax is paid by visitors to Seward and is an appropriate source of revenue to promote tourism, thereby supporting the tourism industry and its contributions to the local economy. Section 2. The City Council further recognizes that the Seward Chamber of Commerce, Convention and Visitors Bureau is the primary agency in Seward that markets and promotes the local community and region. Section 3. It is the intent of the City Council to allocate a percentage of the Fiscal Year 1998 bed tax revenues to the Seward Chamber of Commerce, Convention and Visitors Bureau specifically for tourism marketing. Section 4. It is the intent of the City Council to allocate a percentage of the Fiscal Year 1998 bed tax revenue for the development of tourism infrastructure and visitor services, including the establishment of a convention/conference center in Seward. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of April, 1997. `r` CITY OF SEWARD, ALASKA RESOLUTION NO. 97-052 THE CITY OF SEWARD, ALASKA AYES: Anderson, Bencardino, Blatchford, Clark, Keil, King NOES: Crane ABSENT: None ABSTAIN: None ATTEST: IrN: 2022 YTD General - General Services (01000-1180) 2018 2019 2020 2021 2022 Actuals 2023 2024 Expense Budget Actual Actual Actual Actual Budget (6/30) Budget Budget Narrative Expenditures: Non -Personnel Costs: 7001 Communications 3,734 1,956 3,985 4,424 5,100 2,452 5,200 5,200 7002 Postage and Freight 1,776 3,535 6,037 7,526 7,250 (1,453) 7,50D 7,500 7003 Bank and Credit Card Fees 3,148 6,687 6,564 4,531 8,075 3,321 7,0D0 7,000 7004 Insurance 450 8,358 475 557 13,675 291 2,990 3,140 7006 Legal 250,089 195,116 122,077 - 66,000 35,220 66,000 70,000 x 7009 Contracted Services 13,345 37,156 30,090 32,579 51,075 1,380 6,000 6,000 x 7010 Engineering - 25,218 603 11,065 35,000 - 15,000 15,000 7011 Testing - - 375 600 - 100 100 7012 Other Special Services - 505 2,304 500 99 7016 Heating Fuel (39) - 110 - - 8,OD0 8,000 x 7022 Software/SaaS Subscription - - - 20,000 20,000 x 7215 Operating Supplies 4,426 4,366 515 3,263 5,250 2,015 5,000 5,000 7216 Maintenance & Repair (253) 4,306 248 651 1,125 116 1,000 1,200 7222 Computer Hardware - - - - - 2,500 2,500 7300 Advertising 117 1,372 (244) - 500 200 200 7301 Subscriptions & Dues 336 - - 337 700 - - 7304 Equipment Rent 3,763 66 214 242 2,400 264 264 7801 Contributions to Chamber 252,923 260,454 278,032 278,032 108,717 54,359 300,000 300,000 x 7802 Contributions to Senior Citizens 75,000 82,900 80,000 80,000 80,000 80,000 120,000 120,000 x 7803 Contributions to B&G Club 25,000 25,000 25,000 25,000 - - 25,000 25,000 7813 Contributions to Small Bus. Position - - - - 25,000 - 25,000 25,000 7810 Miscellaneous Expense 3,135 844 10,556 26,149 500 7,131 - - x 8001 Unrealized Loss on Investments - - - 80,983 - 202,139 x Total Non -Personnel Costs: 636,989 657,296 564,657 558,128 421,467 387,068 616,754 622,104 Total Expenditures: $ 636,999 $ 657,296 $ 564,657 $ 558,228 $ 411,467 $ 387,068 $ 616,754 $ 621,104 39 Gennl Fund 22 of 66 Memorandum Date: February 27, 2023 To: City Council From: Brenda Ballou, City Clerk RE: Filling the Vacancy for Seward's Representative on the Prince William Sound Regional Citizens' Advisory Council Background & Justification The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is comprised of citizens whose mission is to promote environmentally safe operations of the Alyeska terminal and tankers. Mandated by the Oil Pollution Act of 1990, council members represent Alaska communities and organizations that were affected by the Exxon Valdez oil spill (1989). Council members serve a two-year term and can expect to devote an average of 25 hours per month to PWSRCAC business. The full board conducts three 2-day meetings each year in January, May and September. In addition, annual budget and planning meetings are held, as well as special meetings for committees and/or work groups. Considerations The city's current representative is Patrick Domitrovich who was appointed in March, 2021 and whose term expires at the beginning of May, 2023. PWSRCAC has requested to be notified of the appointed representative for the next term no later than March 20, 2023. Timeline Feb 27 Direct city clerk to solicit interest. Feb 28-Mar 10 Letters of interest submitted to the city clerk. Mar 13 Council appoint a representative. Recommendation Direct the city clerk to solicit interest from Seward and the surrounding community, in accordance with the timeline above, to serve as the city's representative to PWSRCAC for the a term May, 2023 - May, 2025. 174 FIECEIVED LEWILL.i44jSp�24 RCAC 11M.L CITIZENS A.YM.11 CO..M www.pwsrcac.org Citizens promoting the environmentally safe operation of the Alyeska terminal and associated tankers. Members: February 9, 2023 Sue McClure City of Seward P.O. Box 167 Seward, AK 99664 Dear Mayor McClure, FEB 0 9 Z023 OFF;CE OF THE CITY CLERK Sent via email and LISPS mail The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise you that Patrick Domitrovich's term on our Board of Directors expires at the upcoming May 4-5, 2023, annual meeting in Valdez. Alaska State Chamber of commerce The dedicated seat for the City of Seward is its opportunity to influence decisions having Chugach Alaska profound implications for oil transportation safety in Alaska, and for the state's oil spill Corporation prevention and response capabilities. We greatly value your past participation. City of Cordova City of Homer The City of Seward is best be served by a representative who: City of Kodiak Understands their organization and/or community, its needs, concerns, and City of Seldovia perspectives. • Has at least a rudimentary familiarity with oil transportation Issues. City of Seward • Is a resident of Alaska and has a home and work schedule flexible enough to City of Valdez allow participation and travel. City of Whittier Is committed to our mission of promoting environmentally safe operation of Community of Chenega the Alyeska terminal and associated tankers; and Community ofTatitlek Seeks opportunities to foster cooperative and constructive relationships Cordova District between citizens, industry, and regulatory agencies. Fishermen United Kenai Peninsula A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC Borough business. The full Board conducts three in -person 2-day meetings in January, May, and Kodiak Island Borough September. In addition, annual budget and planning meetings are held, as well as special Kodiak Village Mayors meetings and opportunities to participate in committees or work groups. PWSRCAC staff Association provides support to board members whenever possible. Oil Spill Region Environmental coalition please notify us in writing, no later than Wednesday, March 20, 2023, of your Port Graham Corporation selected individual for the City of Seward's next two-year term on the PWSRCAC board. Ideally, this individual will then be expected to attend our May 4-5, 2023, meeting in Prince William Sound Aquaculture Corporation Valdez for confirmation and participation. If Patrick Domitrovich will continue to be your representative, We ask that you still notify PWSRCAC in writing. If you have further questions about the PWSRCAC or the responsibilities of its directors, Anchorage please don't hesitate to call. Thank you for your cooperation, and we look forward to the 3709 Spenard Rd, Ste 100 Anchorage, AK 99503 City of Seward's continued contribution. 0: (907) 277-7222 (800)478-7221 Sincerely, Valdez P.O. Box 3089 130 S. Meals, Ste 202 jerfnifer Fleming Valdez, AK 99686 O: (907) 834-5000 Executive Assistant (877)478-7221 Cc Via email: Patrick Domltrovich irb7 AGENDA STATEMENT Meeting Date: February 27, 2023 From: Kris Peck, Deputy City Clerk Agenda Item: Non -Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: Chattermark Licensee: Chattermark LLC Type: Restaurant/Eating Place Seasonal License: 5040 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the renewal of liquor license for Chattermark 95040 — Restaurant/Eating Place - Seasonal. MEMORANDUM Date: January 30, 2023 To: Naneth Ambrosiam Steven Zilberg Chief Alan Nickell Chief Clinton Crites From: Kris Peck, Deputy City Clerk Finance/Leases Finance/Public Utilities Police Department Fire Department RE: Verifying compliance for the RENEWAL of a liquor license RECEIVED FM 16 2023 OFFICE OF THE CITY CLEnr, The following business has applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Chattermark Licensee: Chattermark LLC Type of License: Restaurant/Eating Place -Seasonal License Number: 5040 Department Status Initials Finance/Leases '4 Finance/Utilities Police Chief Co'- i a/ 1 /.3 Fire Chief a 1,'�•,�C� �7 S%.�y Deadline for protest: Friday, March 31, 2023.(60 days from receipt of notification) j � ro, 4k) #M 3j1,;,3 /1);/51am lva r' X;L Last regular council meeting for approval: Tuesday, March 28, 2023 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, March 21, 2023 ` F&A THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY January 30, 2023 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7t" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 City of Seward Kenai Peninsula Borough Via Email: MJenkins@kpb.us; JVanHoose@kpb.us; Iratky@kpb.us; Clackinsky@kpb.us, MAN ridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; JBlankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us; clerk@cityofseward.net; bballou@cityofseward.net Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Restaurant/Eating Place -Seasonal I License 5040 Licensee: Chattermark LLC Doing Business As: Chattermark We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, A, Joan Wilson, Director amco.localgovernmentonly@alaska.gov 178 STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL y'V'\rY 5040 LIQUOR LICENSE ISSUED 2023 - 202 4 �I �i LICENSE RENEWAL APPLICATION DUE 01 /30/�i 0 C 3 DECEMBER 31, 2024 (AS 04.11.270(b)) ABCBOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2025 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatin.r 4/15 0 10/14 LICENSE FEE: $300.00 1132 D/B/A: Chattermark 220 4th Ave Mail Address: Chattermark LLC 1120 E Huffman 24 PMB 416 Anchorage, AK 99515 04-900 (REV 10/20/22 CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL ISSUED 01/30/2023 ABCBOARD ILH�U(DR LICENSE 5040 CENSE RENEAL APPLICATION DUE 202.3— 2024 LIDECEMBER31, 024(AS 4.11..270(b)) TEMPORARY THIS LICENSE EXPIRES MIDNIGHT TYPE OF LICENSE: Restaurant/Eatint LICENSE FEE: $300.00 D/B/A: Chattermark 220 4th Ave Mailing Address: Chattermark LLC 1120 E Huffman 24 PMB 416 Anchorage, AK 99515 FEBRUARY 28, 2025 UNLESS DATED BELOW 4/1 5 e 10/14 CITY/BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD COPY DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 5/9/22 179 Alaska Alcoholic Beverage Control Board AB-17: 2023/2024 License Renewal Applicatio holandMariJu550W7''Aenie, p� mot• 550 W 7 Avenue, v �b Suite 1600 AMCO alcohol.Anchorage, AK 99501 11censina9aiaska.aov httas://www.commerce.alaska.eov/vweb/amco Phone: 907.269.0350 f fj►.140L Vi'SS� Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 General Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2022 per AS 04.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any application for renewal or any fees for renewal that have not been postmarked by 2/28/2023 will be expired per AS O4.11.540,3 AAC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304,105 • Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section 1 - Establishment Contact Information Licensee (Owner): Chattermark LLC License #: 040 License Type' estaurant/Bating Place -Seasonal Doing Business As: Chattermark Local Governing Body: Seward, Kenai Peninsula Borough Community Council: If your mailing address has changed, write the NEW address below: Mailing Address: City: State: ZIP: Section 2 - Licensee Contact Information Contact Licensee: The individual listed below must be part of the ownership structure of the licensee listed in Section 1. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Licensee: s ,Saw SC, Contact Phone: Contact Email: seu,,Ar 4 6&Ct 40 CO r1 J J Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee (such as legal counsel) about your license, list their Information below: Name of Contact: Z r Contact Phone: 901 - (r 41 -sit Contact Email: et'' w rt 30PJ to e(UN1 Section 3 - for Package Stores ONLY: Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in calendar years 2022 and/or 2023? IForm AB-17) free 9/2712022) 180 AMCO Received 11 /29/20V10f3 Alaska Alcoholic Beverage Control Board .N Form AB-17: 2023/2024 License Renewal Application Section 4 - Ownership Structure Certification YES NO 0 Did the ownership structure of the licensed business change in 2021/2022? If Yes, and you have NOT notified AMCO, list the updated information on form AB-39: Change of Officers and submit with your renewal application. If iVo, certify the statement below by initialing the box to the right of the statement. I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2021 or 2022. Section 5 - License Operation Check ONEBOXforEACH CALENDAR YEAR that best describes howthis liquor license wasoperated 1. The license was operated for more than 240 hours throughout each year. (Year-round) 2. The license was only operated during a specified time each year. (Not to exceed 6 months per year) ff your operation dates have changed, list them below. 6rt t 1S to 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB-30: Proof of Minimum Operation Checklist, and all documentation must be Provided with this form. 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears.A complete FormAB-29: Waiver of Operation Application r Section 6 - Violations and Convictions YES NO Have ANY Notices of violation been issued for this JJcense? 13 � _J`�J Has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2021 or 2022? 1 1, 56 If you checked YES, you MUST attach a list of all Notices of Violation and/or Convictions per AS 04.11.270(a)(2) If you are unsure if you have received any Notices of Violation, contact the office before submitting this form. Section 7 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS O4.11.260, has a direct or indirect financial interest in the licensed business. I certify that this entity is in good standing with Corporations, Business and Professional licensing (CBPQ and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license, and have provided all required documents for any new or changes of officers. [Form AB-17] (rev 9/27/2022) AMCO Received 11/29/2@QR2of3 ,►yro Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 License Renewal Application • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS 04.21.025 and 3 AAC 304.465. I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsiflaxtion. Signature of lice?see Sign ture of Notary Public t"Y C11ti kt.3 -A-36 &j ar Notary Public in and for the State of Alaska Printed name of licensee My commission expires: October 6, 2023 Subscribed and sworn to before me this 21st day of Nnvemher , 20 22 . NOTARY PUBLIC HeatherAn Hemenway Restaurant and Eating Place applications must include a completed AB-33: Restal 1rant Rece ffiCarALASKA Recreational Site applications must include a completed AB-36: Recreation tRr&pims October 6, 2023 Tourism applications must include a completed AB-37: Tourism St Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online: https://www.commerce.alaska.gov/web/amco/AlcoholLicenseApplication.aspx FOR OFFICE USE ONLY License Fee. $ (S (� Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: $ q i oo 4 '�r_t 1_� 4 [Form AB-17] (rev 9/27/2022) IE:Y: AMCO Received 11 /29/26-29-3 of 3 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/search/entitics ENTITY DETAILS Name(s) Type Name Legal Name Chattermark, LLC Entity Type: Limited Liability Company Entity #: 131648 Status: Good Standing AK Formed Date: 11/18/2010 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2024 Entity Mailing Address: 1120 E HUFFMAN 24, PMB 416, ANCHORAGE, AK 99515 Entity Physical Address: 1120 E HUFFMAN #24 PMB416, ANCHORAGE, AK, AK 99515 Registered Agent Agent Name: Charles Ellott Jackson Registered Mailing Address: 1120 E. Huffman PMB 416, Anchorage, AK 99515 Registered Physical Address: 1120 E. Huffman PMB 416, Anchorage, AK 99515 Officials AK Entity # Name Charles Jackson Toni Strauss Filed Documents Date Filed Type 11/18/2010 Creation Filing 3/13/2012 Biennial Report 10/24/2013 Biennial Report 3/31 /2015 Change of Officials 4/08/2016 Biennial Report 4/22/2016 Change of Officials 1/02/2018 Biennial Report 2/25/2019 Change of Officials 3/08/2020 Biennial Report I Show Former Titles Owned Member 50.00 Member 50.00 Filing Certificate Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View 183 1 of 2 1/30/2023, 2:59 PM Division of Corporations, Business and Professional Licensing Date Filed 11/14/2021 https://www.commerce.alaska.gov/cbp/main/search/entities Filing Certificate Click to View Type Biennial Report Close Details jP ff FP nt Froendly Version 184 2 of 2 1/30/2023, 2:59 PM Alaska Business License # 950543 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that CHATTERMARK LLC 1120 E HUFFMAN #24 PMB416, ANCHORAGE, AK 99515 owned by CHATTERMARK,LLC is licensed by the department to conduct business for the period November 14, 2021 to December 31, 2023 for the following line(s) of business: 72 - Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner 185 Division of Corporations, Business and Professional Licensing License Detail LICENSE DETAILS Owners CHATTERMARK, LLC https://www.commerce.alaska.gov/cbp/businesslicense/search/License License #: 950543 Business Name: CHATTERMARK LLC Status: Active Issue Date: 11/23/2010 Expiration Date: 12/31/2023 Mailing Address: 1120 E HUFFMAN #24 PMB416 ANCHORAGE, AK 99515 Physical Address: 1120 E Huffman #24 PMB416 ANCHORAGE, AK, AK 99515 Activities Line of Business 72 - Accommodation and Food Services Endorsements No Endorsements Found NAICS 722110 - FULL -SERVICE RESTAURANTS Print Business License Professional License # License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. Start Date 1 /1 /2020 End Date 1 /26/2020 Close License Detail Print Friendly Version 1Eb: 1 of 1 1/30/2023, 3:04 PM 2/15/2023 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Ballou, Michele Turner, CIVIC Acting Borough Clerk Chattermark LLC Chattermark Restaurant/Eating Places - Public Convenience 220 4th Avenue, Seward, AK 99664, City of Seward 5040 License Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, - I ((LA Michele Turner, CMC Acting Borough Clerk cc: chattermark@yahoo.com; MT/jr mailto:amco.localgovernmentonly@alaska.gov 187 Memorandum Date: February 27, 2023 To: City Council From: Brenda Ballou, City Clerk RE: Updating the City Clerk's Job Description Background & Justification: Since the city clerk's job description was last updated in 2010, there have been a number of changes which have impacted the work of the city clerk, including the COVID-19 pandemic, updates to election processes at the state and borough levels, and the recodification project which encompassed a thorough review of state statutes and city code. Recent discussions at the Alaska Association of Municipal Clerks (AAMC) annual conference brought forward the role of the municipal clerk under Title 29. These discussions inspired me to consider the role of the city clerk in Seward, a Home Rule municipality, and examine whether the 2010 job description reflected the current role thoroughly and accurately. After researching Seward's Charter and City Code, Alaska statutes and administrative code, and referencing job descriptions from several communities who had interest to participate (Bethel, Ketchikan, Haines, Homer, Wrangell, and Kenai), the city clerk's job description has been updated to bring it "current" and to make it more descriptive, specific, appropriate, and viable for the City of Seward. Some of the essential duties and responsibilities have been clarified, or otherwise reorganized, to provide a more accurate reflection of the city clerk's responsibilities. In some cases, the duties have been described in more detail to provide a more accurate reflection of the responsibilities. Key Updates, Changes & Modifications: There are several key distinctions and clarifications that I am recommending which would align the job description, in a practical and pragmatic sense, with the actual role of the city clerk: • Recommending the city clerk position be updated to require the designation of Certified Municipal Clerk (CMC) as mandatory, not preferred. - Along with a CMC designation comes some assurance that a certain level of education in the field and a certain amount of time served in the profession has been accomplished. - The training and development process for a new city clerk is considerable and takes time; teaching/learning the role is an investment and much of the skill is developed over time and through experience. The role of the clerk is replete with any number of 188 challenges which require problem -solving skills, an affinity for research, and a respect for precedence balanced with new demands. In addition, there are a great number of statutory requirements that dictate what the city clerk must do. - In my opinion, there are so many facets to the city clerk's responsibilities, it would be unfair to put someone in this position without some assurance of a minimum level experience and education, so I believe it is appropriate to set a set threshold. • Recommending the removal of "public information officer" from city clerk's responsibilities as it relates to the city's Emergency Operations Plan (EOP). - On a daily basis, the city clerk provides general information to the community using the city clerk's email distribution lists. In addition, there are a good number of communications and notices that are distributed which satisfy statutory requirements that the city clerk must follow. These practices will continue uninterrupted, and I assert that they are not related to the role of PIO. - The reference to PIO in the city clerk's 2010 job description relates specifically and directly to emergency scenarios; this role is the only official "PIO" role defined in the city. For many years, this role was filled by the city clerk, but that is by and large not the case everywhere. In many communities, that role is filled by someone working in the field of emergency services. - When I became city clerk, I assumed the PIO role and received quite a bit of training in that area; what I learned over time was that it is somewhat unusual for a clerk to have that role. Most of the training I have attended, including the FEMA academy in Emmitsburg, MD and the JIS/JIC Workshop in Soldotna, AK confirmed this; the PIO role is often filled by emergency service personnel. - Because this type of training is specific to the role of PIO during emergencies, the designation of PIO can be assigned to anyone who receives the training. • Recommending clarification related to information technology and technological equipment/maintenance. - Council has consistently expressed that they wish to provide the public with the broadest access to the city's business as possible; this has been a priority for council for many years and was only heightened during the pandemic when we had to find new solutions to provide the public with access by conducting virtual meetings. - In a practical sense, the city clerk has taken the wishes of council and communicated them to IT and collaborated to find solutions. Sometimes though, when the equipment doesn't work as expected, I find I am often at a loss to fix it and needs IT's help. - I believe that clarifying the clerk's responsibility (i.e., to communicate council's wishes to the IT department) and differentiating it from IT's role (i.e., furnishing equipment and providing technical support) would help mitigate confusion and would create the opportunity to collaborate on finding solutions while defining responsibilities appropriately. Recommendation: Approve the updated city clerk job description effective immediately. 189 Range: Unclassified Salary: Contract Department: City Clerk Approved by: City Council Reports to: City Council Date: February 2023 Supervises: All positions in the City Clerk Department SUMMARY The city clerk is an appointed position reporting directly to the Seward City Council. The city clerk performs all duties and assumes all responsibilities as required by Alaska Statute 29.20.380 — Municipal Clerk, the Charter of the City of Seward, and the Seward City Code. The city clerk works with the broadest level of independence with only guidelines established for final results. ESSENTIAL DUTIES AND RESPONSIBILITIES Meetings: • Attend all meetings and work sessions of the city council and its boards and commissions and keep the journal; record official summary minutes of the proceedings. • Assure that public notices and other legal requirements for public meetings are in compliance with the Alaska Open Meetings Act (AS 44.62.310); publish legal notices regarding meeting actions. • Prepare all council agendas and agenda packets; may include drafting ordinances, resolutions, proclamations, and other items for council's consideration. • Collaborate with the Information Technology Department on council's technological and equipment needs to ensure that meetings are properly recorded, live streamed, or otherwise broadcast for public access. • Maintain a working knowledge of and serve as the parliamentary advisor to the city council and its boards and commissions. • Keep informed of all matters pending before council and other bodies. Official Records: • Responsible for the management of municipal records, development of record retention schedules, and procedures for the inventory, storage, and destruction of records as necessary; supervise the Records Manager. Deliver training to city staff as needed to ensure all staff understand their responsibilities for record keeping. • Maintain custody of the official City Seal; attest the mayor and city manager signatures on official city documents; authenticate and/or certify records and official documents of the city as necessary. • Maintain an indexed file of all permanent municipal records and provide for the codification of ordinances. • Serve as the official custodian of all ordinances, resolutions, policies, and procedures that appear before the city council. • Receive/respond to public records and disclosure requests; assure that public records are available for public inspection in compliance with the Alaska Public Records Act (AS 40.25.110) and Charter 1.6. IRX Elections: • Administer all municipal elections and serve as the city's election supervisor. • Assist with state elections and act as Registrar for the State of Alaska. • Provide the proper officials ample notice of the expiration or termination of any term of office and, when necessary, the conditions and requirements of all bonds, franchises, contracts or agreements. • Act as chief absentee voting official for all elections. • Assure that all city elections comply with 42 U.S.C. 1971-1974 (Voting Rights Act of 1965, as amended). • Prepare ballots; draft informational summary language for ballot proposition language as directed by council. • Secure polling location for each precinct; supervise and train staff and election officials on proper absentee, special needs, and poll voting procedure. • Provide for security, audit, and control of election returns. • Issue declaration of candidacy forms; ensure receipt of the candidate's affirmation of qualifications. • Oversee appointed election board workers. • Appoint (with council approval), train, and supervise canvass board workers for city elections. • Present election results to council for certification; deliver certificates of election to each elected person. • Receive and certify applications and administer the process for initiatives, referendums, and recalls. • Receive petitions for initiatives, referendums, and recalls, including the preparation, issuance, and certification of petitions. International Relations: • Coordinate activities and correspondence on behalf of council to maintain and further the relationships with Obihiro, Japan, Kushiro, Japan, and Yeosu, South Korea. • Administer the annual high school student exchange program with Obihiro, Japan. Administration & Other Responsibilities: • Administer oaths and affirmations in accordance with the Constitution of the State of Alaska, Article XII Section 5, and Seward Charter 2.6. • Prepare and manage the budgets for the city clerk and the city council. • Deliver and/or coordinate training to city council and its boards and commission, city staff, and the public as necessary and/or as requested. • Provide administrative support to the city council, including arranging travel, handling correspondence, receiving/distributing mail, and drafting official documents. • Assist in the planning and organization of civic functions, special events, and ceremonies as directed by city council. • Compose speeches for the mayor and/or city council as requested. • Act as the liaison between government officials and staff, and between the municipality and the community. • Administer the city's Public Official Financial Disclosure program requirements. • Maintain database of all city contracts and leases. • Perform legal research for city council as requested. 11-3 • Serve as a Notary Public for the city and the public. • Responsible for the city website; collaborate with IT to find website solutions that deliver broad public access and ease of use/access, in keeping with ADA standards and industry standards. Coordinate city website with other technological solutions for the public's benefit, including an effective agenda management system, live streaming, and video/audio playback. Provide for adequate record keeping software to ensure the city website, agenda management system, and social media accounts are in keeping with Alaska Public Records Act (AS 40.25.110) and Charter 1.6. Business Licenses & Permits: • Administer the business license and permitting programs for the city, including vehicle for hire and the mobile/roving vendor program. • Process the issuance/renewal of city liquor and marijuana licenses in cooperation with the State of Alaska Alcohol & Marijuana Control Office (AMCO). • Issue burial permits and maintain official burial records. Applications, Permits & Appeals: • Receive and review applications for Conditional Use Permits and Variances. • Receive and process applications for appeals for: Business Regulations & Licensing; Electricity/Interconnect; Fire Code; Harbor & Port Facilities; and, Zoning. • Receive petitions and issue all public notices for Improvement/Assessment Districts and the city's Developer Reimbursement & Incentive Program. • Serve as clerk to the Board of Adjustment and other boards of appeal. Procurement: Receive and secure responses to Requests for Proposals (RFPs) and Invitations to Bid (ITBs). Attend and record all RFP and ITB public openings. DEPARTMENT HEAD & SUPERVISORY RESPONSIBILITIES The city clerk is the department head for the city clerk department and is responsible for all employees of the city clerk department in keeping with Seward Charter 5.5. Supervisory responsibilities include recruitment, supervision, training, evaluation, work assignments, resolving complaints, and discipline. QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Must have above average organization, proofreading and grammar skills. Education and/or Experience: Completion of a bachelor's degree in business administration or public administration or an equivalent combination of experience and training displaying at least five years of high level administrative or management experience requiring independent judgment and initiative, preferably in municipal government. Must be familiar with state and local legislative and IRYA election procedures. Certified Municipal Clerk (CMC) is required; Master Municipal Clerk (MMC) is preferred. Language Skills: Ability to read, analyze and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Ability to effectively present information to top management, public groups, and the City Council. Mathematical Skills: Ability to work with mathematical concepts such as probability and statistical inference and fundamentals of plane and solid geometry and trigonometry. Ability to apply concepts such as fractions, percentages, ratios, and proportions to practical situations. Reasoning Ability: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this j ob, the employee is regularly required to sit; use hands to finger, handle or feel objects, tools, or controls; and talk or hear. The employee frequently is required to reach with hands and arms. The employee is occasionally required to stoop, walk, climb, or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Public Relations: Public relations shall be an integral part of each employee's job. Employees shall be courteous, helpful and conduct themselves in a manner which is appropriate for an employee in public service. Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. City of Seward Job Description Job Title: City Clerk Range: Unclassified Salary: Established by Council Department: City Clerk Approved by: Reports to: City Council Date: July 1, 2010 Supervises: All positions in the department Summary: This is an appointed position reporting directly to the Mayor and City Council. Appointee performs all duties and assumes all responsibilities as required by State law, the City Code, and the Charter of the City of Seward and works with the broadest level of independence with only guidelines established for final results. Essential Duties and Responsibilities: Responsible for the preparation of all Council agenda packets including drafting of ordinances and resolutions. Maintains a visual presence in the office. Attends all meetings and work sessions of the City Council and keeps the record of its proceedings. Authenticates the record and all documents arising from the meetings. Keeps the Council and the Administration apprized of all items pending before the Council. Serves as Parliamentarian to the Mayor and Council and administration. Supervises the Records Manager. Authenticates records of the City as necessary. Reviews requests for public records and approves or disapproves release of records within the control of the Department. `LIL! Administers all City elections. Acts as Registrar for the State of Alaska. Coordinates and supervises Election Ballot Counting Center for the City, Borough and State Elections. Trains appointed election workers. Appoints, trains and supervises Canvass Board for City Elections. Acts as chief absentee voting official for State Elections. Performs legal research as requested. Composes resolutions and ordinances for presentation to the City Council. Publishes legal notices regarding City Council actions and meetings as required. Provides for the codification and indexing of all city ordinances. Administers permitting and licensing programs of the City. Prepares and monitors budgets for the City Clerk Department and the Mayor and Council Department. Serves as the City's public information officer. Administers oaths and affirmations related to municipal matters. Attests to the Mayor's and Manager's signatures on City documents. Maintains custody of the City Seal. Certifies official documents of the City. Composes speeches for the Mayor and Council as requested. Performs other duties required by State law, the City Code of the City Charter, and the City Council. Supervisory Responsibilities: Directly supervises all employees of the City Clerk Department. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include training employees; evaluating performance; rewarding and disciplining employees; planning, assigning and directing work; addressing complaints and resolving problems. Qualification Requirements: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or I&M ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Must have above average organization, proofreading and grammar skills. Education and/or Experience: Completion of a Bachelor's Degree in business administration or public administration or an equivalent combination of experience and training displaying at least five years of high level administrative or management experience requiring independent judgment and initiative, preferably in the area of municipal government. Certified Municipal Clerk (CIVIC) certification preferred. Must be familiar with state and local legislative and election procedures. Language Skills: Ability to read, analyze and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Ability to effectively present information to top management, public groups, and the City Council. Mathematical Skills: Ability to work with mathematical concepts such as probability and statistical inference and fundamentals of plane and solid geometry and trigonometry. Ability to apply concepts such as fractions, percentages, ratios, and proportions to practical situations. Reasoning Ability: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential 1Fb: functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel objects, tools or controls; and talk or hear. The employee frequently is required to reach with hands and arms. The employee is occasionally required to stoop, walk, climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 40 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Public Relations: Public relations shall be an integral part of each employee's job. Employees shall be courteous, helpful and conduct themselves in a manner which is appropriate for an employee in public service. Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. IMFi Ordinance 2023-003 An Ordinance of the Seward City Council, Amending Seward City Code Chapter 3.50 Holidays Documents: • Agenda Statement • Ordinance 2023-003 • Attachment o Excerpt from SPEA Master Agreement `BY] City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council From: Janette Bower, City Manager Agenda Item: Ordinance 2023-003: Amending Seward City Code Chapter 3.50 Holidays Background and justification: The purpose of this ordinance is to amend Chapter 3.50 Holidays to: • Enact language providing for holidays falling on an employee's regularly scheduled day off, allowing the employee, with department head approval, to move the holiday to a designated date within the same pay period. • Enact language that allows, at the discretion of the department head, an employee to move the holiday to another date in the same pay period. • Integrates Seward Public Employee Association (SPEA) language regarding holiday pay hours being equal to the number of hours worked in the employee's assigned shift and pays the shift differential the employee is assigned to work. • Clarify and codify current practices. Amended Ordinance Amendment code section Page # Strikes "in regular full time and regular part-time who are in pay status the day before and the day after the recognized holidays" because it is moved 3.50.010 1 to 3.50.025. Subsection B is struck because it has been moved to 3.50.030 and has been amended. 3.50.015 1 Grammatical amendments. 3.50.017 2 New section. Clarifying the use of the holidays. (Note the explanation above). 3.50.025 2 Expands on the existing language and addresses the language struck from 3.50.010 A. 3.50.030 2 Incorporates the SPEA language as described above. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ILIR M Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric Wastewater Water F1 Healthcare Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: 1 ✓ Yes Not applicable e✓ Adopt ordinance Other: Note: amounts are unaudited Finance Director Signature: Attornev Review Attorney Signature:�� Comments: Administration Recommendation OR Sponsored by: Bower Introduction: February 13, 2023 Public Hearing: February 27, 2023 Enactment: February 27, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-003 An Ordinance Of The City Council Of The City Of Seward, Alaska, Amending Seward City Code Chapter 3.50 - Holidays WHEREAS, this ordinance enacts language to provide for holidays falling on an employee's regular scheduled day off and allows employee to move the holiday to a designated date in the same pay period as the holiday; and WHEREAS, the language permits, at the department head's discretion, an employee to move a holiday to a different day within the same pay period; and WHEREAS, the language incorporates the Seward Public Employees Association (SPEA) language concerning holiday hours being equal to the number of hours worked in the employee's assigned shift and being paid at the shift differential the employee is assigned to work. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 3.50 is amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 3.50.010 Recognized city holidays. A- The following holidays shall be recognized as holidays with pay for all regular full-time and regular part-time employees: „la- f ill tine and Fe „laF ra� tine T..h a., stat s New Year's Day President's Day Seward's Da Memorial Day Independence Day Labor Da Alaska Day Veterans Day Thanksgiving Da Day after Thanksgiving Day Christmas Eve Day Christmas 3.50.015 Holiday falling on a Saturday or Sunday. A. When a recognized holiday falls on a Saturday, the lief toe -e f and t, ea4e,a ., ., heli,a.,., .,.4 o � � �;fne e,,, pens do Friday immediately preceding the holiday shall be considered the reco,-nized holiday. ►491 CITY OF SEWARD, ALASKA ORDINANCE 2023-003 When a recognized holiday falls on a Sunday, the followin Monday fallowing shall be considered the reco,-nized holiday. 3.50.017 Holiday - use of A. Holiday fallin- on an employee's scheduled day off 1. Department heads shall allow an employee to take a different day off durin,- the same Period if an employee's scheduled day off falls on a recognized holiday. 2. The employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the employee's normal schedule. B. Holiday - alternate date requested by employee. 1. At the discretion of the department head, the department head may permit an employee to move the reco,-nized holiday to another day within the same pay period as the holiday. 2. The employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the employee's normal schedule. 3.50.020 Holiday during annual leave. A recognized city holiday which occurs during an employee's annual leave shall not be counted as a day of annual leave. 3.50.025 Holiday falling between two days of leave without pay. Employees shall forfeit their ri,-ht to payment for any holiday if the employee is on leave without Pay (to include iniury, military, or other non-compensable leave status) or has an unexcused absence on the employee's last re-ularly scheduled workday before the holiday or on the employee's next re-ularly-scheduled workday followinz the holiday. 3.50.030 Computation of holiday pay. A. Full-time employees. 1. Full-time employees shall receive their regular straight time rate of pay for all recognized holidays. 2. Holiday pay hours are equal to the number of hours worked in the employee's assi,-ned shift and shall be paid at the shift differential the employee is assigned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. B. Part-time employees. 1. A regular part-time employee shall be paid based on their position's percentage of a full- time position. 2. Holiday pay hours are equal to the number of hours worked in the employee's assi,-ned shift and shall be paid at the shift differential the employee is assi,-ned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. ►9y: CITY OF SEWARD, ALASKA ORDINANCE 2023-003 Section 2. This ordinance shall take effect ten (10) days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 271h day of February, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 41161 SPEA 2023 — 2025 Master Agreement Excerpt from SPEA Master Agreement ARTICLE 13 - HOLIDAYS 13.1. Recognized Holidays with Pay Except for Firefighters, the following days will be recognized as holidays with pay for all Employees in full and part-time positions. New Year's Day President's Day Seward's Day Memorial Day Independence Day Labor Day Alaska Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day and such other days as may be proclaimed by the Mayor, Governor, or President. 13.2 Holiday Falling on a Regular Day Off When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the holiday. When a recognized holiday falls on a Sunday, the Monday following shall be recognized as the holiday. When a full-time Employee's regularly scheduled time off falls on a recognized holiday, the City Administration shall allow, if scheduling permits, that Employee to take another day off during the pay period as the Employee's recognized holiday. In such a case, the Employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the Employee's normal Schedule. 50 WE SPEA 2023 — 2025 Master Agreement If the Employee is unable to take the time off, the Employee shall be compensated with regular pay equivalent to the number of hours in an Employee's regular shift in lieu of the holiday. The hours will be recorded on the Employee's timesheet on the date of the recognized holiday. This payment is in addition to and does not impact pay (wages) for hours actually worked during the pay period, whether hours actually worked include a recognized holiday (Section 13.1) or regularly scheduled workdays. This may result in holiday hours entered for a normal day off with no compensable time or holiday hours recorded in addition to actual hours worked on the date of the recognized holiday. 13.3 Computation of Holiday Pay Full -Time Employees: Full-time employees shall receive their regular straight time rate of pay for recognized holidays. a. The number of hours included in holiday pay is equal to the number of hours worked in an Employee's assigned shift and shall be paid at the shift differential of the shift the employee worked. b. In the event the employee is scheduled off, the employee shall be paid 8 hours of holiday pay. 2. Part -Time Employees: Part-time employees shall receive pay for recognized holidays based on their position's percentage of a full-time position. a. The number of hours included in holiday pay is equal to the number of hours worked in an Employee's assigned -shift and shall be paid at the shift differential of the shift the employee worked. b. In the event the employee is scheduled off, the employee shall be paid 8 hours of holiday pay. 3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's PTO leave shall not be counted as a day of PTO leave. 13.4 Forfeiture of Holiday Pay Employees shall forfeit their right to payment for any holiday if they are on leave without pay (to include injury, military, or other non-compensable leave status) or have an unexcused absence on the Employee's last regularly scheduled workday before such holiday or on the Employee's next regularly -scheduled workday following such holiday 51 OR Resolution 2023-021 A Resolution of the City Council of the City of Seward, Alaska, Amending the 2023 Utility Tariff for Sewer Rate Service, effective March 15, 2023 Documents: • Agenda Statement • Resolution 2023-021 • Attachments: 0 2023 Utility Tariffs o Sewer Rate Calculation o CPI Calculation PON City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower, City Manager From: Sully Jusino, Deputy Finance Director Subject: Resolution 2023-021: Amending the 2023 Utility Tariff for Sewer Rate Service, Effective March 15, 2023 Background and justification: Resolution 2023-005 passed on January 9, 2023, and errors were found in the original document affecting the sewer rates. The document has been revised and adjusted accordingly to the Consumer Price Index for all Urban Consumers Alaska area. The City of Seward' s enterprise funds are operated in a manner similar to private business entities, in that they establish charges intended to cover the full cost of providing services (including direct and indirect costs) for operations and maintenance, overhead, system expansion and charges for the use of capital facilities. The rates and fees herein provided are adjusted .84% beginning the first billing cycle of the 2018 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982-84=100 for all Urban Consumers, Alaska Area ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2023 rates reflected an increase based on the average CPI for 2016-2020.) Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: 14.01.040. - Rates and charges. Utility service rates and charges shall be established by resolution following a public hearing. Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): x Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of Has no fiscal impact Funds are (✓): x Budgeted Line item(s): Not budgeted Not applicable $ Included in 2023 Operating Budget WIN Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric x Wastewater Water Healthcare Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: Note: amounts are unaudited Finance Signature: Attornev Review RxYes Attorney Signature: Not applicable Comments: xeAdopt Resolution Other: Administration Recommendation 041R:? Sponsored by: Bower Public Hearing: February 27, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2023-021 A Resolution of the City Council of the City of Seward, Alaska, Amending The 2023 Utility Tariff for Sewer Rate Service, Effective March 15, 2023 WHEREAS, Resolution 2023-005 passed on January 9,2023 and errors were found in the original document; and WHEREAS, the errors affect the sewer rates and the document has been revised and adjusted accordingly the Consumer Price Index for all Urban Consumers Alaska area; and WHEREAS, the City of Seward' s enterprise funds are operated in a manner similar to private business entities, in that they establish charges intended to cover the full cost of providing services (including direct and indirect costs) for operations and maintenance, overhead, system expansion and charges for the use of capital facilities; and WHEREAS, the rates and fees herein provided are adjusted .84% beginning the first billing cycle of the 2023 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982-84=100 for all Urban Consumers, Alaska Area ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2023 rates reflected an increase based on the average CPI for 2016-2020.) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby amends the 2023 Utility Tariff — Sewer Rates & Charges and enacts the following rate increase starting March 15, 2023: (Deletions = Bold ; Corrections = Bold Italics.) BASIS FOR MONTHLY FEES AND CHARGES GROUPS A, B, C & D NON -METERED SERVICES Non -metered sewer users in Groups A, B, and C shall be charged at the rate of $69.09$69.67 per ERU per month, not including tax, when the water service and sewer service serve the same activities. If the activities serviced by the sewer services are different than those served by the water service, the water charge shall be computed based on the activities served by the sewer. The sewer rate shall be computed at 1.2 times the established water charge. 209 CITY OF SEWARD, ALASKA RESOLUTION 2023-021 METERED SERVICES Sewer users with metered service (Group D) shall be charged for sewer service according to the rates listed below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of wastewater is not discharged into the city sewer system. MINIMUM CHARGE FOR EACH METERED SERVICE Service Size Minimum Monthly Charge 3/4" - 1" water service $58.74 $59.45 1-1/2" - 2" water service $97. i 8 $98.55 2-1/4" - 4" water service $245.03 $247.98 Over 4" water service $1,2tea $1,239.79 GROUP E — SPECIAL RATES AND FEES Tank Truck Operators: Fresh sewage, or waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and/or treatment plant. $66.93 $67.63 It is prohibited to discharge into the city's sewer system, septic tank per thousand gallons waste or any waste containing toxic or other materials that could cause the i 's discharge to violate the EPA or DEC discharge permit. Recreational Vehicles Individual RV owners utilizing city -owned or approved dump sites No fee Public and private campground operators (Operators must maintain sufficient $1.14 /day records to compute a monthly payment, and such records shall be made per RV, camper or trailer available to the city upon request) permit, not including tent campers. No fee collected by Sewer Department; fees collected by Campgrounds Department and passed onto the Sewer Department during the ear -end budget process. Sewer Service Connection Fee Installed atproperty owner's expense. Any workperformed by the city will e'er S155.09 be charged at total cost, including labor, overhead, administration, materials and equipment PLUS a $8 $155.09 connection ee. Palo] CITY OF SEWARD, ALASKA RESOLUTION 2023-021 Sewer Service Inspection Fee $130.60 This fee shall be charged for services installed by anyone other than the city. Unauthorized Connection or Discharge into the City Sewer System Per Occurrence $1,024.63 PLUS cost of repair, restoration or cleanup by city PLUS State and/or Federal penalties & charges levied against the city or individual Restoration of Sewer Service and Repair of Damage by Owner or Actual cost, Contractor to City Facilities including city overhead, administration, labor, materials and equipment. Locate Sewer Main Large projects requiring several locates will be under a special contract and may require a fee. First Locate No Charge Each Additional Locate $102.44 Security Deposit Ifa water security deposit was paid, no additional deposit will be required. Ifno water deposit was paid, the following deposits will be charged. Domestic (Single Family & Duplex) $50.62 $51.23 Commercial $151.88 $153.70 Multi-Famil $153.70 Contractor Work Any contractor tapping into a city sewer main, or otherwise working on a city sewer main, must be properly licensed to perform the work and must provide $5, 000 Bond orequivalent cash guarantee payable to the city. Seasonal Turn -On and Seasonal Turn -Off Includes new account name or same account name; waived if <2 months $51.80 between turn-off and turn -on; a Sewer System Delivery Charge (SSDC) of $31.62 $51.80 per month will be applied to any service that has their water turned off. NOTE: This rate applies at the same time water service is disconnected. 'PAS CITY OF SEWARD, ALASKA RESOLUTION 2023-021 Sewage Meter Computed from the quantity of metered water delivered to the same activity unless a sewage meter has been installed. Sewage meters approved y the city may be installed at the user's expense. Delinquent Account Charges Interest rate % 10.5% per annum Monthly late fee 11L� all $5.80 Section 2. This resolution shall take effect on March 15, 2023. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of February, 2023. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor OAK 2023 UTILITY TARIFFS ELECTRIC, WATER & SEWER EFFECTIVE JANUARY 15, 2023 CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 04K City of Seward, Alaska 2023 Utilities Tariff TABLE OF CONTENTS CHAPTER N rd TITLE Seward City Code, Title 14, Utilities Electric Rates & Charges Water Rates & Charges Sewer Rates & Charges Legislative History Notes "PAIL! City of Seward, Alaska 2023 Utilities Tariff �6 Seward City Code Title 14, Utilities 01P 1-4 City of Seward, Alaska 2023 Utilities Tariff TITLE 14 UTILITIES See AS 29.35.070 for state provisions allowing municipalities to establish, change, regulate, etc., utility service rates; see AS 42.05.641 as to exemption from regulation by the Alaska Public Utilities Commission; see Title 16 of this Code as to required utility improvements within subdivisions. Chapter 14.01. General Provisions Chapter 14.05. Garbage and Refuse Chapter 14.10. Water Chapter 14.15. Electricity Chapter 14.20. Sewage Disposal Chapter 14.01. General Provisions See § 7.10.222 as to unauthorized utility connections in the small boat harbor; see § 9.05.238 as to discontinuance of electric and water service due to the presence of a vicious dog; see §§ 13.01.015 and 13.01.020 as to permit requirements for utility service excavation in rights -of -way. 14.01.010. General provisions. 14.01.015. Definitions. 14.01.020. Waiver of modification of regulations. 14.01.025. Application for utility service. 14.01.030. Deposits. 14.01.035. Access to premises. 14.01.040. Rates and charges. 14.01.045. Billing. 14.01.050. Payment responsibilities. 14.01.055. Late payments and penalties. 14.01.060. Termination of service by customer. 14.01.065. Discontinuance of service and remedies by city. 14.01.070. Restoration of service. 14.01.075. Service complaints. 14.01.080. Liability. 14.01.010. - General provisions. The general provisions apply to all utility services provided by the city. In the event of a conflict between these general provisions and a specific provision addressed to a particular type of service, the latter shall prevail. (Ord. 504, 1982) 14.01.015. - Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be as follows: Applicant. Means a person, including a corporation, partnership, association, and governmental unit or agency, who requests utility service or the extension of utility facilities under these provisions and who may be synonymous, as circumstances permit, with "developer," "owner," "contractor," "builder," and similar terms associated with the improvement and development of real property and the construction of buildings and related improvements and their heirs, successors. Chapter 1, Seward City Code, Title 14, Utilities Page 1 'r411 1-4 City of Seward, Alaska 2023 Utilities Tariff BOD (denoting biochemical oxygen demand). Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter. Building drain. Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. Building sewer. Means the extension from the building drain to the service connection or other place of disposal. Class of service. Means the type of service rendered by the city to a customer under a particular rate schedule. Clean -out. Means a pipe inserted into the sewer extension through which a cleaning device can be inserted into the sewer extension. Collection system. Means the system of public sewers to be operated by the city and designed for the collection of sewage. Combined sewer. Means a sewer receiving both surface runoff and sewage. Commercial service Non -demand metered. This classification applies to single phase, nondemand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand capacity is less than 25 KW, and by multiple dwelling units when supplied through one meter. A residential service through which an additional service point not directly associated with the primary residence is likewise serviced will be billed under this schedule. Customers will be classified as non-residential unless they are clearly a residential account. The burden of proof will be on the customer. Commercial service Demand metered. This classification applies to demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand is equal to or greater than 25 KVA. Commercial user. Means a person or premises used for commercial or business purposes which discharges domestic waste, not industrial waste. Composite. Means the make-up of a number of individual samples so taken as to represent the nature of sewage or industrial wastes. Constituents. Means the combination of particles or conditions which exist in the industrial wastes. Contribution -in -aid -of -construction. Means that sum of money representing the cost of making additions or modifications to utility distribution facilities and underground installations, which the applicant or customer must pay as a condition precedent to installing the facilities requested, and which becomes the property of the city and is not otherwise subject to refund to the contributor. Customer. Means the person, partnership, corporation or entity in whose name a utility account is held and the occupant, resident or tenant of any premises served by a city utility. In those cases where a utility service is not separately metered to individual tenants in a building, the landlord/owner shall be considered a customer. Demand. Means the maximum rate of delivery of electric energy during a month, measured in kilowatts (KW) registered over a 15-minute period by a demand meter. Domestic waste. Means any sewage emanating from residential dwellings or from domestic activities by or for private citizens having a BOD of less than 250 ppm and/or a total suspended solids of less than 250 ppm. Economically feasible. Means an extension of distribution facilities will be considered economically feasible if anticipated annual revenue from the project will recover all annual costs plus reasonable margins to provide service to that point, and that this balance of revenue to costs/margins can reasonably be expected to continue for the service life of the facilities constructed for the requested service extension. Chapter 1, Seward City Code, Title 14, Utilities Page 2 04VA 1-4 City of Seward, Alaska 2023 Utilities Tariff Electric service. Means the availability of electric energy at the point of delivery for use by the customer, irrespective of whether electric energy is actually used. Engineering. Includes the preparation of electric layouts, designs, specifications, and other drawings and lists associated with electric construction. It also includes, but is not limited to, making construction estimates, inspecting construction for conformance with design criteria and specifications, staking, right-of-way acquisition, and similar and related activities necessary to the technical planning and installation of electric distribution facilities. Garbage. Means all animal and vegetable refuse from food or food preparation, dead animals and the accumulation from restaurant grease traps, but not dish water nor wastewater, ice, salt and similar materials. Industrial. This classification applies to electrical services with demand equal to or greater than 750 KW. Industrial services with demand of equal to or greater than 5,000 KW will be served by contract only, and only by cost -based rates of those services. Industrial user. Means a person or premises which discharges sewage having the characteristics of industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/or which has a total suspended solids of 250 ppm or greater. Industrial wastes. Means the sewage from industrial manufacturing processes, trade, or business as distinct from domestic waste. Key box (curb valve, curb cock). Means the shut-off point for water service, which is the property of the customer. Mobile home. Means manufactured housing, as defined in section 8.15.110 of this code, built on a chassis and/or in accordance with Department of Housing and Urban Development standards contained in Code of Federal Regulations Title 24, Chapter 20. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation required. Mobile home park. Means any parcel, or adjacent parcels of land in the same ownership, which is used for occupancy by two or more mobile homes. The term does not include camper parks as defined in section 8.15.110 of this code. Multiple residential structures. Means any building or collections of buildings having common walls, containing two or more residential units, which include such common residential arrangements as apartments, townhouses, row houses and condominiums. Natural outlet. Means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or ground water. On -site sewage disposal. Means the use of any privy, cesspool, septic tank or similar facility for disposal of sewage which is not connected to the collection system. Permanent electrical service. Means service entrance and metering equipment installed at a given location with intent to remain for the useful service life of the city's electrical facilities constructed for that service. The equipment will be mounted on a city pole, or customer's building or other structure on a permanent, non -moveable foundation. The city reserves the right of final determination of whether a service will be classified permanent. All facilities will be designed and installed in accordance with applicable codes, standards and practices of the industry for the class of service offered. pH. Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Point of delivery. Is that predetermined location where the city terminates its equipment or conductors and connects with the customer's equipment or conductors. Premises. Means the real property of the customer in a single location being served by the city. Pretreatment. Means that physical treatment given to sewage prior to discharge into the collection system, or those processes utilized for this purpose. Primary service. Means the conductors and equipment necessary to supply the customer with electricity at the available primary voltage above 480 volts. Chapter 1, Seward City Code, Title 14, Utilities Page 3 PAN 1-4 City of Seward, Alaska 2023 Utilities Tariff Primary voltage. Means the voltage supplied to the high voltage side of distribution transformers, which include three-phase service 7,200/12,470 and 14,400/24,900. Properly shredded garbage. Means the remnants from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the collection system, with no particle greater than one-half inch (1.27 centimeters) in any dimension or overall. Public sewer. Means any sewer collection system operated by or under the authority of the city. Public works department. Means the city of Seward public works department. Raceway. Means a channel for holding wires, cables, or busbars, which is designed expressly and used solely for that purpose. Receiving waters. Means those natural outlets into which sewage is discharged. Refuse. Means all garbage, rubbish and waste material. Residential or domestic user. Shall mean a person or premises who discharges an average normal volume of domestic waste to the collection system. Residential service. Means the providing of a utility to a single-family dwelling. Except for "home occupations" as defined in sections 15.10.140 and 15.10.240 of this Code, activities of a nature requiring a business license, advertising, or whose profits and expenses are shown against federal income taxes will be classified as "commercial." Rubbish. Means tree and plant trimmings, paper products, rags, rubber, carpets, clothing, straw packing, packing materials, furniture and all other kinds of combustible waste material which ordinarily accumulates in the operation of a household or business. "Rubbish" does not include manure or waste from any yard or stable. Sanitary sewer. Means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Secondary service. Means service at available voltage of 480 volts or less. Secondary voltage. Means the voltage for delivery directly to the service entrance of the customer, i.e., the low voltage side of a distribution transformer, or utilization voltage. Security lights. Means a fixture or fixtures installed to illuminate private homes and areas, including places and areas to which the public has access but which are privately owned and controlled. Service. Means the furnishing of a utility to a given location. Service connection. Means the pipe and appurtenances required to connect an individual property or facility to the sanitary sewer. The service connection shall start at the collection system and terminate at the property line or easement limit and shall not include the building sewer. Sewage. Means any combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage treatment plant. Means any arrangement of devices and structures used for treating sewage. Sewage works. Means all facilities for collection, pumping, treating, and disposing of sewage. Sewer. Means a pipe or conduit for carrying sewage. Slug. Means any individual or combined discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operation. Storm drain and storm sewer. Means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Street light. Means a system or fixture of such system, for the illumination of streets, alleys, and other public places and areas, installed and operated at public expense. Subdivision. Means a tract or parcel of land divided into two or more lots, sites, or other divisions according to applicable law. Suspended solids. Means solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Chapter 1, Seward City Code, Title 14, Utilities Page 4 'r41*1 1-4 City of Seward, Alaska 2023 Utilities Tariff Temporary secondary service. Means service provided on an interim basis during a construction phase or any other service provided by use of facilities which cannot be reused or continued as permanent facilities and must be removed when the temporary need has ceased. The duration of the service will not exceed 180 days. Thaw wire. Means the wire leading from the water main, parallel with the service line and coming up to the ground surface at the key box. Toxic. Means constituents of sewage which are considered from time to time by the U.S. Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely affecting facilities or conditions similar to the collection system, the sewage treatment plant, or the receiving waters. Waste material. Means broken crockery, glass, wire, ashes, cinders, bottles, tin cans, metals and other similar noncombustible waste material resulting from the operation of a household or business. Discarded vehicle bodies or other bulky or heavy objects, waste material resulting from any manufacturing, building or construction operation, and similar materials shall not be considered waste material and must be disposed of by the property owner. Water connection or water service connection. Means that part of the water distribution system, including pipe and appurtenances, used to conduct water from the water main to a point at or near the property line of the premises to be served. Water connection extension. Means that part of the water distribution system extending from the water connection into the premises served. (Ord. 504, 1982; Ord. 525, § 2, 1984; Ord. 610, 1988; Ord. 95-06) 14.01.020. - Waiver of modification of regulations. The provisions contained herein may not be waived by an officer, agent or employee of the city of Seward. Any modification or amendment shall be submitted to and approved by the council of the city of Seward. (Ord. 504, 1982) 14.01.025. - Application for utility service. (a) Persons desiring utility service shall apply on forms provided. No utility service shall be provided before the applicant has entered into a contract (approved application) with the city. (b) If an application is accepted verbally, the taking of utility service shall constitute a contract between the applicant and the city, obligating the applicant to pay for the utility service and to comply with all applicable provisions of the code, and the customer shall sign a written application upon request. (c) The minimum term for which service will be rendered is 30 days. A customer taking service for less than this minimum term will be billed the minimum monthly charge or for the actual usage as specified under the applicable rate schedule. (Ord. 504, 1982) 14.01.030. - Deposits. (a) The person applying for utility services shall deposit an amount equal to two months fixed charges or such other amount as may be established by resolution. The deposit may be waived if the applicant provides a letter or other written verification from the electric utility that last provided comparable service for a period of at least 24 months to the applicant, stating that the applicant was not delinquent in payment for the last 12 consecutive months of service at that prior location. No further deposit shall be required from existing customers unless a customer's account becomes delinquent or another account is established. Chapter 1, Seward City Code, Title 14, Utilities Page 5 220 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) The deposit, plus interest as required by AS 29.35.070, shall be refunded after five years if the city has not terminated that customer's service for reasons of delinquency in payment and if the customer has not been delinquent in payment more than once in any 12 consecutive months. The rate of interest is based upon the current rate paid on a regular savings account at the local bank with which the city has its banking services. The rate is applied monthly and customers whose deposits are on file will receive a credit on their accounts every year for interest accrued over the prior year. The deposit does not relieve a customer from the obligation of paying bills promptly when due. The deposit, less any moneys due the city, will be refunded within 30 days after the customer signs a disconnect order to discontinue utility service. (Ord. 504, 1982; Ord. 518, 1983; Ord. 610, 1988; Ord. 95-05) 14.01.035. - Access to premises. Applicants and customers shall, after notice and at reasonable hours, grant admittance to premises to any city representative for the purpose of inspecting, repairing, maintaining, replacing, or operating any facilities connected with or owned or operated by the city. (Ord. 504, 1982) 14.01.040. - Rates and charges. Utility service rates and charges shall be established by resolution following a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation and shall be posted in at least three public places within the city at least ten days prior to the hearing. (Ord. 394, 1973; Ord. 415, 1975; Ord. 430, 1977; Ord. 453, 1978; Ord. 454, 1978; Ord. 465, 1978; Ord. 480, 1980; Ord. 484, 1980; Ord. 504, 1982; Ord. No. 2005-04, § 1, 9-28-2005) 14.01.045. - Billing. (a) Customers shall be billed monthly. Payment shall be due within 20 days of the billing date printed on the monthly statement if the bills are mailed on or before the billing date. (b) Failure of the city to bill for utility services shall not relieve the customer of payment responsibility. (c) If the city is unable to read a meter at the usual or scheduled time due to locked premises, weather conditions, road conditions, presence of dangerous animals or other circumstances, the city will bill the customer based upon the estimated consumption and adjust the account in accordance with the next subsequent meter reading. (d) A bill is delinquent when the customer fails to make payment within 20 days of the billing date; delinquency subjects the customer to termination and disconnection of any or all utility services until all billings have been brought current. The city may, at its discretion, make other contractual arrangements for payment of past due accounts. (e) The city may charge a return check fee. Any returned check shall not be considered payment. (f) Billing disputes. (1) Whenever a customer has a dispute with the city over charges billed, a customer should request the city utility manager to investigate the grounds for dispute. The city utility manager will investigate the dispute and notify the customer as to the results of the investigation. Chapter 1, Seward City Code, Title 14, Utilities Page 6 'r44 1-4 City of Seward, Alaska 2023 Utilities Tariff (2) If this reply is not satisfactory to the customer and the differences between the customer and the city cannot be reconciled by the city's staff or management, the customer may request an opportunity to present his case to the city council for final resolution. (3) During this review process, the customer must pay the undisputed portion of the bill in a timely manner. If an error is found to exist, the customer's current account will be adjusted accordingly. (Ord. 504, 1982) 14.01.050. - Payment responsibilities. (a) Payment for usage. All persons receiving utility services from the city shall be obligated to pay for such services. The city presumes that a person intended to deprive the city of compensation for service from the city if- (1) The person possesses or has access to a city service metering device which is being used to meter service and has been interfered with, avoided, or altered to inhibit or prevent the accurate measurement of service without the permission of the city or the person has access to a city line which has been tapped without the permission of the city; or (2) The person enjoys the use or receives the economic benefit of any unmetered electric utility service. The city expects compensation due for any service received by unauthorized usage. (b) Change of occupancy. A customer who is listed on city records as the person or entity responsible for utility consumption at a specific location shall give written five-day notice of a contemplated change in occupancy, specifying the date on which service is to be discontinued. If the customer fails to provide the required written notice, he will be charged for utility service furnished to the premises until the city is provided with notice of change of occupancy. (c) Vacancy between renters. The owner of rental property may execute an agreement with the city providing for the automatic continuance of service in the owner's name during periods of vacancy between renters. During periods of vacancy, the owner will be billed as specified in the applicable rate schedule for regular customers of the same class until a new customer has applied for service and established credit as provided in sections 14.01.025 and 14.01.030 (Ord. 504, 1982; Ord. 610, 1988; Ord. 95-06) 14.01.055. - Late payments and penalties. (a) Failure to make timely payment will subject the customer to a late payment charge set by resolution. (b) Interest at a rate set by resolution shall accrue on all accounts from the date of delinquency. (Ord. 504, 1982) 14.01.060. - Termination of service by customer. (a) Permanent disconnect. A customer may discontinue utility service by providing written notice to the city not less than five days in advance of the date upon which termination of the service is requested. Chapter 1, Seward City Code, Title 14, Utilities Page 7 owl 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) Temporary disconnects. Unless the city is notified in writing that a customer wishes to stop utility services, charges will be made and the customer will be liable therefor. No shut-off of utility services for less than three months will be made without payment of a charge in an amount to be established by resolution. (Ord. 504, 1982) 14.01.065. - Discontinuance of service and remedies by city. (a) Termination of service. Upon five days' written notice, the city reserves the right to discontinue or reduce any one or more utility services for any one or more of the following reasons: (1) Intent to defraud the city of payment for all or any part of such use; (2) Use in an illegal manner or for the furtherance of an illegal purpose or for any purpose other than that described in the application for service; (3) Resale or redistribution of a utility service; (4) Tampering with any utility service connection or property of the city; (5) Nonpayment of any bills for utility services; (6) Refusal of reasonable access to the premises for inspection, repair, maintenance, replacement or operation; (7) Noncompliance with any requirement imposed by the code or by resolution; (8) Failure to repair any defect or break in utility service, to the extent it is the customer's obligation to do so; hazard; (9) Other equipment or structures which by their proximity or nature introduce a safety (10) Such other reason or condition as the city may deem appropriate. (b) Lien on property. Charges levied in accordance with this title shall be a debt due to the city and a lien upon the property which has been benefitted by the services. Change of ownership or occupancy of premises delinquent shall not be the cause for reducing or eliminating any applicable penalties. (c) Expenses. The expense of discontinuance, reduction, removal or closing, as well as the expense of restoring service, shall be a debt due to the city (and a lien upon the property) and may be recovered by civil action in the name of the city against customer, the person, or both. (d) Criminal penalties. Any person who shall continue any violation other than an obligation to pay money beyond written notice and reasonable time to cure shall be guilty of a misdemeanor in addition to being liable in damages and, upon conviction thereof, shall be fined in an amount not exceeding $25.00 for each violation. Each day in which any such violation shall continue shall be deemed separate offense. (e) Safety. Conditions which cause a clear and immediate safety hazard to customers or other personnel shall be cause for immediate disconnection of service without notification. Chapter 1, Seward City Code, Title 14, Utilities Page 8 223 1-4 City of Seward, Alaska 2023 Utilities Tariff (Ord. 504, 1982; Ord. 610, 1988; Ord. 95-06) 14.01.070. - Restoration of service. Service which has been terminated may be restored after the customer has paid a restoration charge or charges in the amount(s) established by resolution, and after the customer has complied with the following: (1) Payment of all unpaid bills, penalties and late charges for all utility services; (2) Placement with the city of a deposit, in an amount to be established by resolution, to ensure future payment of bills; (3) Correction of any condition found in violation of any applicable provision of the code or any resolution. (Ord. 504, 1982) 14.01.075. - Service complaints. (a) All customer service complaints are to be delivered to the city utility manager either in person, by mail, or by telephone. (b) If within 14 days after having made a complaint a customer is not satisfied with the resolution of the complaint, the customer may file a written complaint with the city manager's office for final resolution. (c) All customers are encouraged to contact the city whenever utility service is interrupted or service is unsatisfactory. Customers should notify the city whenever defects, trouble, accidents or potentially hazardous conditions are observed. This prompt notification of trouble will allow the city to continue to provide reliable service for all customers. (Ord. 504, 1982) 14.01.080. - Liability. (a) Any person violating any of the provisions of this title shall become liable to the city for any expense, loss or damage caused by such violation. (b) Any unauthorized tampering with city utility property, equipment, or facilities will be punishable under AS 42.20.030 and other applicable statutory provisions. (c) The customer is responsible for the safekeeping of the city's property located on the customer's premises and shall take all reasonable precautions against unlawful interference with the facilities. The customer may not connect to, interfere with or alter the conductor, meters, seals or other utility facilities used in connection with rendering utility service or permit connection to, interference with, or alteration by any person other than an authorized agent or employee of the city. The customer shall pay for any damage to city property caused or permitted directly or indirectly by the customer. If the city determines it to be necessary to protect its property or other individuals, the customer shall install, at his expense, suitable protective or security devices designated by the city on the customer's premises. (d) Appliances, devices or facilities provided at the expense of the city are the property of the city and may be removed by it at any time on the termination of an agreement for its maintenance or the Chapter 1, Seward City Code, Title 14, Utilities Page 9 224 1-4 City of Seward, Alaska 2023 Utilities Tariff discontinuance of service. The city may elect to seal the electrical switch or other utility device, equipment or facilities located on the customer's premises. (Ord. 504, 1982; Ord. 610, 1988) Chapter 14.05. - Garbage and Refuse See AS 29.35.050 for state provisions allowing municipalities to provide for a system of garbage and solid waste services; see AS 29.35.060 for state provisions allowing municipalities to grant franchises; see § 7.10.210 et seq. as to garbage disposal in trailer courts. 14.05.010. - Refuse service provided and required. (a) Every person occupying and/or owning any house, apartment building, duplex, triplex, condominium, townhome, mobile home park or home outside of a mobile home park, trailer, other residential or commercial dwelling or commercial building, including buildings under construction, within the city shall use and pay for the system of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit from the Regulatory Commission of Alaska. (b) The city shall either provide or contract for collection and disposal of refuse. The public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed, reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the Regulatory Commission of Alaska may collect, dispose, or remove refuse from any premises in the city. Nothing in the preceding sentence shall be deemed to prohibit an occupant and/or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. Disposing of one's own refuse does not, however, eliminate the mandatory requirement to pay for solid waste service. (Ord. 415, 1975; Ord. 428, 1976; Ord. 504, 1982; Ord. No. 2012-008, § 1, 9-10-2012; Ord. 2015-004) 14.05.015. - Deposit of refuse. (a) No person shall place or deposit any refuse in or upon any public alley, street or highway, sidewalk, park or other public place in the city except as herein expressly authorized. No person shall place any refuse on land of another. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, sport fishing, or other outdoor recreation. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. (c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. (d) Violation of this section is subject to a fine of $100.00 for each offense. (Ord. 504, 1982; Ord. 96-28) Chapter 1, Seward City Code, Title 14, Utilities Page 10 ►1M 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.05.020. - Transportation. No person shall transport refuse within the city unless it is transported in a covered or enclosed vehicle or one which is loaded in such manner as to prevent any of the contents from escaping. (Ord. 417, 1976; Ord. 504, 1982) 14.05.025. - Use of containers and placement. (a) Every person occupying and/or owning a building in the city shall provide containers suitable for collection of refuse. All refuse such as vacuum cleaner dust, nonexplosive liquids, sweepings and other refuse that poses a hazard to collection or risk of spillage in normal collection shall be individually packaged prior to placement in a container. (b) Customer containers shall be placed abutting a dedicated public right-of-way. Only city containers may be placed upon the public right-of-way. (Ord. 504, 1982; Ord. No. 2012-008, § 2, 9-10-2012) 14.05.030. - Container specifications generally. (a) All containers shall conform to the following minimum specifications: (1) Shall not exceed ninety-six gallons capacity; (2) Shall not exceed two hundred twenty pounds when filled; (3) Shall not exceed sixty-five pounds empty weight; (4) Shall be watertight with an animal -proof lid and of adequate durability for continued use. No corrugated cardboard box shall be used except as herein provided. No fifty or fifty-five gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered. (b) Certain bulk rubbish and waste material containers may be approved by the public works department of the city. Such containers shall be kept in a clean and sanitary condition and shall be provided with tight lids. (Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008, § 3, 9-10-2012) 14.05.035. - Container racks. Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind, weather, animals, or accident. Violation of this section due to bear attractants is subject to a fine of one hundred dollars for each offense. The fine for the first offense only will be waived upon proof of purchase or lease of the appropriate containment measure (e.g. locking dumpster lid, bear -resistant dumpster, or bear -resistant garbage can), provided the containment measure is in place within thirty days of the date of the violation. More than one violation of this section by dumpster customers will require the occupant and/or owner to obtain a locking dumpster lid or bear -resistant dumpster for the period May through October. In addition to the one hundred dollar fine, more than one violation of this section by customers utilizing garbage cans will require the occupant and/or owner to purchase or lease a bear -resistant garbage can. (a) Containers or container racks shall not be placed on the public right-of-way. (Ord. 504, 1982; Ord. 95-06; Ord. No. 2012-008, § 4, 9-10-2012) Chapter 1, Seward City Code, Title 14, Utilities Page 11 PKI. 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.05.040. - Frequency of collection. All garbage and rubbish receptacles shall be emptied at least weekly. All garbage and rubbish receptacles shall at all times be kept clean by the person occupying and/or owning the property. All waste material must be removed at least once each month. Building or construction waste and debris shall be removed weekly and upon completion of construction. (Ord. 504, 1982; Ord. 2015-004) 14.05.045. - Brush, tree trimmings, etc. Brush, trees, lawn cuttings or similar materials shall be securely bound in bundles not to exceed two feet in diameter. They may be placed in disposable cardboard containers. Branches or logs shall not be more than three inches in diameter or more than four feet in length. Containers shall not exceed 65 pounds in weight. (Ord. 504, 1982) 14.05.050. - Large boxes, crates, etc. Large appliance cartons, shipping crates or small non -bulky items or furniture and similar materials shall be disassembled prior to collection. (Ord. 504, 1982) Chapter 14.10. - Water 14.10.010. - Nature of services offered. 14.10.015. - Ownership. 14.10.020. - Key box, thaw wire and shut-off valve. 14.10.025. - Installation of water connections. 14.10.030. - Water main extensions. 14.10.035. - Fire hydrants. 14.10.040. - Mobile home parks. 14.10.045. - Multiple use buildings (apartments, offices). 14.10.050. - Responsibility for frozen water pipes and other damage. 14.10.055. - Interruption of service. 14.10.060. - Responsibility for charges; reselling of water prohibited. 14.10.065. - Persons authorized to turn on or off water service. 14.10.070. - Meters required. 14.10.075. - Minimum standards for water lines. 14.10.080. - Water system as electrical ground. 14.10.010. - Nature of services offered. The city shall provide water service within the city limits. (Ord. 504, 1982) 14.10.015. - Ownership. (a) The city owns and maintains the water service connection from the main, including the service line, thaw wire and the key box. The city has the exclusive right to control the flow of water by operation of the key box. (b) The line between the key box and the premises shall be installed and kept in repair by the customer who shall be responsible for all breaks in said line and for any damages resulting incidentally therefrom (see section 12.05.025 as to adoption of Uniform Plumbing Code). Chapter 1, Seward City Code, Title 14, Utilities Page 12 1-4 City of Seward, Alaska 2023 Utilities Tariff (Ord. 504, 1982) 14.10.020. - Key box, thaw wire and shut-off valve. (a) The customer is responsible to know the location of his key box and thaw wire, and will be liable for any costs incurred in locating or repairing them when damage is caused by the negligence of the customer or those acting on his behalf. Such negligence shall include the customer's failure to apprise persons whom the customer knows or should know might damage the key box and thaw wire if not told of their location. (b) All persons receiving service from the city shall provide a separate shut-off valve inside the building and located on the service line entering the building ahead of any branch lines and readily accessible in an emergency. (c) Key bodes and thaw wires shall be located once without charge for each location of service. A charge may be levied for subsequent locations of service as provided by resolution. (Ord. 504, 1982) 14.10.025. - Installation of water connections. (a) Water connection from the main to the key box shall be installed by the city upon application for such service, submission of a building permit and payment of established fees for such connection. (b) Plans for all new water and sewer lines and connections must be approved by the city, and the completed lines must be inspected by the city prior to burial. (c) An approved application and any applicable service charges shall be required to make any alterations in any conduit, pipe, or other fitting or to turn water service off or on at the key box. The customer is responsible for any damage resulting therefrom. (d) Water connections larger than two inches may be installed by special agreement at actual cost to the customer. No water connection shall be longer than 80 feet. Water connections shall be installed on city property or easement. (Ord. 504, § 1.) 14.10.030. - Water main extensions. Water main extensions shall be made upon written application by the customer and deposit of two-thirds of the estimated cost of the extension, which shall be applied to the actual cost. If the actual cost exceeds that of the deposit, the applicant shall pay the additional amount. (Ord. 504, 1982) 14.10.035. - Fire hydrants. (a) Customers may apply for a fire hydrant usage permit from May 1 to August 31 and shall use a hydrant designated by the fire chief or water system operator. A hydrant valve must be used. (b) Only city personnel, or fire department personnel in the case of a fire, shall use any fire hydrant without first applying to the city and agreeing to pay the appropriate charges and deposits. (Ord. 504, 1982; Ord. 95-06) Chapter 1, Seward City Code, Title 14, Utilities Page 13 228 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.10.040. - Mobile home parrs. The owner or operator of a mobile home park shall report monthly the number of mobile homes and shall be responsible for all charges for water service for each mobile home. (Ord. 504, 1982; Ord. 525, § I (part), 1984) 14.10.045. - Multiple use buildings (apartments, offices). A single water connection shall serve only one customer unless more than one customer occupies an apartment house, duplex, office building, auto court, motel, hotel, commercial building or other premises which by its nature would normally remain under one ownership. (Ord. 504, 1982) 14.10.050. - Responsibility for frozen water pipes and other damage. Customers shall be responsible for frozen water connections from the main to the building except when due to faulty installation by the city; burden of proof of the reason of freezing rests with the customer and when so proven, responsibility for thawing is the city's. (Ord. 504, 1982) 14.10.055. - Interruption of service. (a) Water may be shut off without notice for repairs, emergencies, extensions or other necessary purposes. The city will not be liable for any loss or damage caused by failure of the city to deliver water. (b) The city will not be liable for a deficiency or failure, regardless of cause, in the supply pressure of water nor for any damage caused thereby. (Ord. 504, 1982; Ord. 95-06) 14.10.060. - Responsibility for charges; reselling of water prohibited. When water is supplied for the use of more than one person from one water connection, the party owning the premises adjacent to the curb cock shall be responsible for all charges as though he were the owner of all properties benefitted by water connection. No customer shall resell water. (Ord. 504, 1982) 14.10.065. - Persons authorized to turn on or off water service. Only the city shall turn on or off any water service or open or close any fire hydrant; except, that a licensed plumber may turn on a water service for testing his work and a person holding a fire hydrant usage permit under section 14.10.035 may use a fire hydrant in accordance with that permit. (Ord. 504, § 1; Ord. 610, 1988) 14.10.070. - Meters required. (a) The customer shall furnish water meters of the type and model specified by the city. Water meters shall also be provided for residential buildings containing five or more units. (b) Water meters shall be furnished and installed by the customer at the option of the city for any existing commercial or industrial building or use, or for any state and federal building and use. (c) All new commercial and industrial buildings and uses including all state and federal buildings and uses, shall install water meters at the customer's expense. Chapter 1, Seward City Code, Title 14, Utilities Page 14 229 1-4 City of Seward, Alaska 2023 Utilities Tariff (d) All meter installations shall be approved in advance by the city when the customer applies for a building permit. (Ord. 504, 1982; Ord. 95-06) 14.10.075. - Minimum standards for water lines. All new water lines for major building remodeling or renovation (the cost of which exceeds 25 percent of the borough assessed value) shall be buried a minimum of nine feet below the surface of the ground, measured from the surface of the ground to the bottom of the pipe. If conditions prohibit this burial, then the line must be encased in insulation of a type and thickness which must be approved by the city. The city may allow the depth of burial with proper insulation to be less than nine feet, but not less than six feet. (Ord. 504, 1982) 14.10.080. - Water system as electrical ground. The city recognizes that at times a plumbing system is used as an electrical ground. The city is not liable for the adequacy of this electrical ground and may make any structural or material changes in the city's water mains and water service connections without regard to the effect such changes may have on the overall adequacy of an electrical grounding system. The city will not be liable for the safety of any person who makes contact with a system that is used as an electrical grounding system. (Ord. 504, 1982) Chapter 14.15. - Electricity Article 1. - General Provisions 14.15.110. - Electrical service provided. 14.15.115. - Types of service. 14.15.120. - Resale of electricity. Article 2. - Engineering Provisions 14.15.210. - Service classification. 14.15.215. - Metering electricity use. 14.15.220. - Power factor adjustment. 14.15.225. - Phase balance. 14.15.230. - Highly fluctuating loads. 14.15.235. - Addition of load. 14.15.240. - Unauthorized attachments. 14.15.245. - Wiring instructions. 14.15.250. - Load protection. 14.15.255. - Meter testing. 14.15.260. - Authorized breaking of a meter seal. Article 3. - Service Connection Provisions 14.15.310. - General requirements. 14.15.315. - Point of delivery. 14.15.320. - Metered use for each class of service. 14.15.325. - Meter location. 14.15.330. - Primary facilities. 14.15.335. - Three-phase service. Chapter 1, Seward City Code, Title 14, Utilities Page 15 230 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.15.340. - Service for multi -occupant. 14.15.345. - Service for mobile home parks. 14.15.350. - Service for small boat harbor. Article 4. - Interconnection to Customer -Owned Alternate Technology and Fossil Fuel Standby Generation Equipment 14.15.410. - Alternate technology generation. 14.15.415. - Fossil fuel standby generation. 14.15.420. - Customer liability. Article 5. - Service Extensions 14.15.510. - Cost considerations. 14.15.515. - Standard service extensions. 14.15.520. - Temporary service construction. 14.15.524. - Service extensions to multi -occupant buildings. 14.15.525. - Mobile home parks. 14.15.530. - Service upgrades. 14.15.535. - Construction of subdivision service extensions and/or idle facilities. 14.15.540. - Adding services to existing service extensions. 14.15.545. - Relocation of facilities. 14.15.550. - Conversion of temporary service; extensions to permanent service extension. 14.15.555. - Security light construction. 14.15.560. - Estimating service extension costs. 14.15.565. - General service extension provisions. Article 6. - Liability 14.15.610. - Interruption of service. 14.15.615. - Customer's equipment. 14.15.620. - Consequential damages. 14.15.625. - Power outage. Article 7. - Rules for Responding to Inquiries from Qualifying Facilities Having a Capacity of Greater Than 100 KW 14.15.710. - Application, purpose, and waiver. 14.15.715. - Availability of system cost data. 14.15.720. - Procedures for responding to inquiries from QFs. 14.15.725. - Consideration of contracts between the utility and a QF. 14.15.730. - Consideration of complaints. Article 1. - General Provisions 14.15.110. - Electrical service provided. (a) The city provides 60-hertz alternating current, either single or three phase, at available standard voltages. Voltage, frequency and wave form are regulated to conform to the standard practices of the industry. Chapter 1, Seward City Code, Title 14, Utilities Page 16 'r4911 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) Standard voltages: 120/208v Single Phase Secondary 120/240v Single Phase T Secondary 120/208v Three Phase Secondary 240/480v Three Phase Secondary 120/240v Three Phase Secondary 480v Three Phase Secondary 277/480v Three Phase Secondary 7,200/12,470v Three Phase Primary 14,400/24,900v Three Phase Primary (c) The city shall, unless otherwise provided, construct, operate and maintain the facilities necessary to deliver electrical energy to the point of service connection to the service equipment owned by the customer. Responsibility for the design of the city's lines and other facilities shall rest with the city. (d) The city will not construct any service unless the approved service equipment is installed and available for connection. If the city's work crew or city's contractor is required to return to the customer's job site due to a lack of appropriate facilities, the customer will be responsible for all actual charges associated with additional trips. (Ord. 504, 1982; Ord. 95-06) 14.15.115. - Types of service. (a) Permanent service. Permanent service installations are as defined at section 14.01.015. Charges for construction of permanent services will be based on the service extension provisions. The entrance and metering equipment will be mounted on a city pole, or customer's building or other structure on a permanent, non -moveable foundation. The city reserves the right of final determination of whether a service will be classified as permanent. All facilities will be designed and installed in accordance with applicable codes, standards and practices of the industry for the class of service offered. (b) Temporary service. Temporary services are as defined in section 14.01.015 and will be constructed under the provisions set forth in service extension provisions. Entrance and metering equipment may be installed on a city pole, or a customer's portable or skid -mounted building or other nonportable structure. The installation and equipment will comply with applicable technical and safety standards, practices and codes to protect the customer, the general public and the city's employees. Temporary services would include, but not be limited to, power for construction -sites, gravel pits, sawmills, mining sites, small boat harbor, refrigerated van plug -ins, or carnivals or similar organization. The customer for this type of service is liable for full cost of installation and removal of facilities, payable in advance of installation. (c) Non-standard service. The city has the option of providing non-standard services. The customer will pay the cost of any special installations necessary to meet particular requirements for service at other than standard voltages, or for closer voltage regulation than provided by standard service or for service with characteristics different from those described in these provisions. (Ord. 435, 1977; Ord. 504, 1982; Ord. 610, 1988; Ord. 95-06) 14.15.120. - Resale of electricity. Chapter 1, Seward City Code, Title 14, Utilities Page 17 PAGY, 1-4 City of Seward, Alaska 2023 Utilities Tariff The city provides only retail service. No customer, with the exception of the small boat harbor, shall resell or rebill the power purchased from the city or provide service to any other person or premises. (Ord. 504, 1982) Article 2. - Engineering Provisions 14.15.210. - Service classification. The intended use of electricity will determine whether a service is residential or commercial. (Ord. 504, 1982; Ord. 95-06) 14.15.215. - Metering electricity use. (a) The registration of the city's meter shall be accepted and received at all times and places as prima facie evidence of the amount of power and energy used by the customer. Quantity of energy use will be determined under the following provisions. (1) Energy use (KWH). Meters designed to quantitatively determine energy use measured in kilowatt hours will be installed, calibrated and monitored by the city on all services except where: a. Energy use is fixed by type of service and fixed billings will accurately recover all costs; b. Service is temporary and metering would be impractical. Energy usage would then be estimated and billed accordingly. The city reserves the final right to determine these exemptions; however, any customer under the above conditions who desires a meter will be provided one at the customer's expense. (2) Energy demand (KW). For certain rate schedules provisions for measuring and billing monthly noncoincident demands are required. Meters designed to indicate or record the highest 15 minute demand in the billing period will be installed, calibrated, monitored and read by the city on all affected customer services according to rate schedule requirements. (b) When the service exceeds 200 amperes or 480 volts, the city will provide at customer expense current transformers and/or potential transformers (PT's or CT's) at a ratio designated by the city for metering. The customer shall install the PT's or CT's in a sealable enclosure and shall furnish and install all necessary meter sockets and raceways. The city will install the wiring from the instrument transformers to the meter sockets in raceways provided by the customer. In the case of customer's primary metering, which is generally installed on wood poles, the city shall install such equipment at customer's expense. (Ord. 504, 1982; Ord. 95-06) 14.15.220. - Power factor adjustment. All schedules requiring demand metering will be subject to the following power factor adjustment provisions: (a) Demand -metered customers should attempt to maintain a unity power factor. If the power factor falls below 90 percent lagging, the customer will take corrective steps to return the power factor to 90 percent or higher. Also, the following charge for billed kilowatts will apply: Month Billing Demand = Maximum Demand x 90 Percent Actual Power Factor Chapter 1, Seward City Code, Title 14, Utilities Page 18 233 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the city. (Ord. 504, 1982) 14.15.225. - Phase balance. Except for three-phase, four -wire delta service, the following phase balance requirements apply to all multi -phase services. Current unbalance between phase wires in any multi -phase service cannot exceed ten percent. The customer will take corrective steps to return unbalance to ten percent or less. (Ord. 504, 1982) 14.15.230. - Highly fluctuating loads. (a) Any load that causes a large fluctuation in voltage on any given circuit and disturbs the service provided to other customers, such as large motors, starting equipment, unstaged heating loads, X- ray equipment or welders, etc., will be subject to disconnect by the city. (b) The city may require, as a condition of service, that a customer install, at his own expense, equipment that will eliminate the undesirable load characteristics. Undesirable load characteristics include, but are not limited to, unbalanced load between phases, unacceptable variations from unity power factor, and unusual demand fluctuations produced by the customer's equipment. A customer planning to install electric welders or motors larger than two horsepower should consult the city before making the installation. (Ord. 504, 1982). 14.15.235. - Addition of load. If a single-phase customer plans to increase a given load past the capacity of the city's equipment installed to serve that particular location, the customer will be required to notify the city two months prior to the proposed changes. If a customer with a three-phase service plans to increase a given load past the capacity of the city's equipment installed to serve that particular location, the customer will be required to notify the city six months prior to the proposed changes. These prior notices will give the city sufficient time to design necessary changes in equipment to satisfactorily serve the anticipated new load. If the customer fails to notify the city and the additional load damages the city's equipment, the customer is liable for such damages and repairs or replacement of damaged equipment. (Ord. 504, 1982) 14.15.240. - Unauthorized attachments. Written permission from the city is required prior to the attachment of any equipment or material to any city property including poles, guy wires, equipment or structures. Any unauthorized attachment is subject to removal at any time without notice. The city assumes no liability, and will not be responsible for any unauthorized attachments to the city's equipment. (Ord. 504, 1982) 14.15.245. - Wiring instructions. Minimum wiring requirements that are necessary to meet local, state and national electric standards codes for the given customer service entrance installation are available from the city's engineering department (see section 12.05.035 as to adoption of National Electrical Code). (Ord. 504, 1982) Chapter 1, Seward City Code, Title 14, Utilities Page 19 234 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.15.250. - Load protection. The customer is responsible for overload, short circuit, and phase failure protection of his own equipment. Certain protective devices considered necessary for adequate motor protection are recommended hereunder: (a) Line starting protection. Any motor 50 horsepower or greater in size which, in starting, might be damaged by the full line voltage requires some type of protective device to disconnect it from the line during interruptions in service, thus protecting the motor when service is restored. The city further recommends that such a device be equipped with a time delay mechanism so that the motor will not be disconnected by momentary fluctuations in voltage. (b) Overload protection. Since the intense heat caused by overload might seriously damage the motor, the customer should install a device that will disconnect the motor if overload occurs. Fuses, thermal relays or circuit breakers which are specifically designed to operate when excessive current occurs, are the devices used for this purpose. Where the customer receives three-phase service, the city suggests that such protective devices be connected in all phases. (c) Single phasing protection. Where the customer receives three-phase service, a relay should be installed which will disconnect the motor from the lines in the event one phase of the line becomes open. (d) Reverse phasing protection. For three-phase installations of electric cranes, hoists, elevators, pumps and the like, the customer should install relays which will disconnect the motor from the line in the event of accidental phase reversal. (Ord. 504, 1982) 14.15.255. - Meter testing. (a) The city will, at its own expense, make tests and inspections, as required, on meters to insure standard accuracy of plus or minus two percent. The city will test a customer's meter upon request for the fee established by resolution. (b) If a meter is found to be out of adjustment by more than plus or minus two percent, the customer's bill will be adjusted retroactively, not to exceed three months, to show a corrected billed amount. If it can be established that the error was due to some cause, the date of which can be fixed, the overcharge will be computed back to but not beyond that date. (Ord. 504, § 1.) 14.15.260. - Authorized breaking of a meter seal. Under certain circumstances, a customer may request permission to break a meter seal in order to facilitate disconnection for electrical work. Such requests should be addressed to the city. A fee will be charged for resealing the equipment. (Ord. 504, 1982) Article 3. - Service Connection Provisions 14.15.310. - General requirements. (a) The city will own, install, operate and maintain the overhead service necessary to the point of connection of the customer's service equipment and to the city's distribution facilities. Chapter 1, Seward City Code, Title 14, Utilities Page 20 ►4911 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) The customer shall own, install, operate and maintain all wiring, service equipment and electrical facilities on the customer's side of the meter. (Ord. 504, 1982) 14.15.315. - Point of delivery. (a) Point of delivery for overhead services must be arranged so that the city's conductors can be attached in one place and one place only for drop into the customer's service entrance. The customer will be required to provide equipment for attaching the city's conductors to building surfaces with adequate strength to support the city's conductors. Point of delivery for services will be on a mutually acceptable location pre -arranged with the city's engineering department. (b) The city will not be obligated to provide service to a structure at a point not designated by the city, and a customer who proceeds without the designation of location may be required to modify the wiring or other construction to provide for service equipment at a location subsequently designated by the City. (c) It is the responsibility of the customer or electrical contractor to notify the city's engineering department of all special service requirements in advance of installing new equipment or modifying old equipment at the service entrance and to determine a suitable service entrance location acceptable to both the customer and the city. (Ord. 504, 1982) 14.15.320. - Metered use for each class of service. (a) The city shall establish by resolution separate rates for each individual customer class. Rates are based on supplying service to a customer through a single delivery or meter point. At each delivery point, a single meter will measure all usage for each affected class of service. (b) Meter installations for services greater than two hundred amps will be provided only by special application to the city's engineering department. (Ord. 504, 1982) 14.15.325. - Meter location. (a) All meters will be installed on the outside of buildings or service structures, except for rural, mobile homes, temporary, construction, or small boat harbor service. Then, the meter may be attached on a separate meter pole. The customer will furnish a suitable location for placing the city's meter that is safely accessible by city employees, free from vibration, corrosive atmosphere, and abnormal temperatures, and protected from adverse climatic conditions or aggressive domestic animals. (b) Meters will not be located under enclosed porches or breezeways, carports or under rain gutter downspouts or other drains. Meters shall be installed at such height that the center of the meter will be between 4.5 feet and 6 feet above the finished grade or platform. (c) The customer shall, at his own expense, extend his wiring for a new and approved meter location whenever the existing meter has become inaccessible or potentially inaccessible for inspection, reading and testing. Chapter 1, Seward City Code, Title 14, Utilities Page 21 'r491. 1-4 City of Seward, Alaska 2023 Utilities Tariff (d) Meters shall have a main outside service disconnect located immediately adjacent to the meter. If the metering point is separate from the building(s) which it serves, there shall be a second service disconnect for each building. (Ord. 504, 1982; Ord. 95-06) 14.15.330. - Primary facilities. Loads in excess of fifty kilowatts of demand may require primary facilities for adequate service. If primary service is required, the customer will be required to provide space on his property at no cost to the city for the transformers, switches, regulators and other equipment necessary to serve the load. The space provided may be outdoors for pad -mount transformers or in a vault inside a building as approved by the city's engineering department. (Ord. 504, 1982) 14.15.335. - Three-phase service. Three-phase service will not be provided to a customer if the connected load is less than five horsepower unless three-phase service is immediately available on existing circuits. (Ord. 504, 1982) 14.15.340. - Service for multi -occupant. (a) Apartments and condominiums. Service will be supplied to only one location for each integrated structure. All metering and service entrance equipment will be located at this point. Each separate residential unit within the structure will be metered separately. No master -metering will be permitted. Laundry, furnaces and other common or joint -use equipment will be metered and charged according to appropriate commercial rate schedules. (b) Motels and hotels. Service will be supplied to only one location for each integrated structure. All metering and service entrance equipment will be located at this point. (c) Townhouses. Service for townhouses can be supplied under the provisions of (a) above. Alternatively, service for townhouses can be supplied to individual units if these properties are individually platted. However a borough -approved and recorded plat must be on file before such service can be constructed. (d) Commercial and office buildings. Service for commercial or office buildings will be supplied to only one location for each integrated structure. All metering and service entrance equipment will be located at this point. (e) A main disconnect shall be required at the metering point, normally on the outside of the structure. (f) The city reserves the right to limit grouped meters to six units or less at any one location, or to require three-phase arrangements, or both, when it is deemed necessary for the technical requirements of the system. (Ord. 504, 1982) 14.15.345. - Service for mobile home parks. Existing mobile home parks with master metering may continue to use master metering. New mobile home parks may not use master metering. New mobile home parks will be connected as provided in section 14.15.525. (Ord. 504, 1982; Ord. 525, § ] (part), 1984; Ord. 610, 1988) Chapter 1, Seward City Code, Title 14, Utilities Page 22 PAGYA 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.15.350. - Service for small boat harbor. (a) Generally. The Harbormaster shall have the authority to manage the secondary distribution system serving shore power to vessel slip leaseholders. The management will also include meter reading, billing, and the collection of fees for service connects and disconnects. (b) Availability. All permanent vessels using electrical power shall connect and pay the subject fees established by resolution of the Seward City Council. (c) Shore power. Every effort shall be made by the harbormaster's office to provide "shore power" to those transient vessels that require such service. A deposit and a daily flat rate for power used, as established by resolution of the Seward City Council, shall be charged. (d) Type of service. Single-phase, 120/208 voltage, thirty amp outlets shall be provided. Any customer requiring changes to the existing electrical facilities must receive authorization from the Harbormaster and agree to pay for all costs associated with change. (e) Maintenance and service repair. All maintenance and service requests shall be made to the Harbormaster's office. The City will provide those services required to remove, repair or test installed meters. It will, in addition, provide any electrical maintenance assistance as requested by the Harbormaster. Any such work performed for the small boat harbor will be charged on a work order basis. (Ord. 504, 1982; Ord. No. 2012-0111 § 2, 12-10-2012) Note: Ord. No. 2012-011, § 3, states that the City Manager is directed to have the Harbor staff refund the electrical deposits of all reserved moorage account customers that are not more than 30 days past due. Article 4. - Interconnection to Customer -Owned Alternate Technology and Fossil Fuel Standby Generation Equipment 14.15.410. - Alternate technology generation. (a) The city will permit the interconnection and operation of alternate technology generation facilities such as wind energy conversion systems or small scale hydroelectric facilities with its integrated distribution system upon compliance by the customer with the following provisions: (1) A customer who owns any alternate technology generation shall request approval from the city to interconnect with its system at least three months prior to the date on which the customer intends to make any connection in any way to the electric circuitry common to the city's integrated distribution system. (2) The customer shall submit to the city along with his request for interconnection complete documentation of alternate technology generation equipment including but not limited to: schematics; wiring diagrams; performance specifications; descriptions of energy storage devices, circuit protection equipment, regulation equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. (3) Upon approval of the interconnection by the city, the customer shall agree under special contract with the city to pay the cost of any special metering equipment or circuit modifications determined by the city as necessary to accomplish the interconnection; to install power factor corrective Chapter 1, Seward City Code, Title 14, Utilities Page 23 238 1-4 City of Seward, Alaska 2023 Utilities Tariff equipment as necessary to maintain a power factor of not less than 0.9; to operate the generation equipment in strict compliance with safety procedures established by the city, and to accept the terms of purchase of energy or capacity or both as set forth in the contract. (b) The city reserves the right to refuse interconnection with alternate technology generation facilities or to limit the number of interconnections with alternate technology generation facilities on any single substation circuit if it is determined by the city that any such interconnection would be harmful or hazardous to its system, its employees or other customers. If a proposed interconnection is refused by the city, the city will provide the customer within three months of the initial request written notice of refusal, including a statement of the reason(s) for the refusal. (c) If an unauthorized interconnect is found, the city will immediately terminate service to those facilities and reconnect the service only when all conditions of these provisions are satisfied. (Ord. 504, 1982) 14.15.415. - Fossil fuel standby generation. The city will not permit the interconnection and operation of fossil fuel standby generation facilities, such as diesel or gasoline engine drive standby generators, with its integrated distribution system under any circumstances. Diesel or gasoline driven standby generators shall be connected to the customer's load only through a double -throw switch that will prevent parallel operation with the city's distribution system. (Ord. 504, 1982) 14.15.420. - Customer liability. (a) Accidents. The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain his equipment in a satisfactory and/or safe operating condition, and shall indemnify, defend and save harmless the city from any and all claims, suits, losses or damages for injuries to persons or property, of whatsoever kind or nature arising directly or indirectly out of the operation of such equipment or by the failure of the customer to maintain its equipment in satisfactory and/or safe operating condition. (b) Digging permits or utility locate requests. The customer is solely responsible for the safety and security of city equipment on the customer's property whether in or out of a utility easement. The customer shall complete a digging permit or utility locate request prior to any digging, drilling, driving into the ground, or any subterranean disturbance. If "locate required" is indicated on the form, the customer shall not disturb the ground until all indicated locates are complete. The customer or his contractor shall not use mechanized equipment within two feet of any located utility. Failure to follow this procedure will make the customer liable to a $500.00 fine plus any cost to repair the facility. Digging permits and utility locates are available free of charge upon request and will be done expeditiously. (Ord. 504, 1982; Ord. 95-06) Article 5. - Service Extensions 14.15.510. - Cost considerations. (a) The city will extend service to any accessible land -based location within the city's service area upon written application by a customer. Docks, marinas and other marine structures will be served from a shore -based delivery point only. No city facilities will be mounted on marine -type structures. The terms, conditions, and costs for service extensions will vary according to the following criteria: Chapter 1, Seward City Code, Title 14, Utilities Page 24 239 1-4 City of Seward, Alaska 2023 Utilities Tariff (1) Length of the service extension, determined by the distance from adequate existing city facilities to the indicated service location; voltages; (2) Whether construction calls for single-phase or three-phase service; (3) Materials and associated facilities required to adequately serve anticipated loads and (4) Methods of construction required due to terrain, accessibility or weather conditions; (5) Whether a service is temporary or permanent; (6) Whether the service extension requires primary distribution extension, secondary distribution extension or both; or both; (7) Whether the requested service design requires overhead or underground construction, (8) Load and voltage requirements at the requested service. (b) Customer participation in a service extension shall be limited to activities on his own property: (1) The customer may dig his own secondary trench up to ten feet from city equipment. He may not backfill this trench. (2) The customer may not dig within easements or rights -of -way. (3) The customer shall, prior to digging, complete a digging permit or utility locate request. (4) The customer may clear and landscape his own property. (Ord. 504, 1982; Ord. 95-06) 14.15.515. - Standard service extensions. (a) Any permanent service extension, whether single phase or three phase, overhead or underground, primary or secondary, will be constructed by the city under the following conditions. (1) Any extension with estimated costs less than $750.00 will be constructed at no cost to the customer. The customer will not be required to enter into a contract with the city for these extensions. All other applicable fees and deposits shall apply. (2) Any single-phase service extension with estimated costs greater than $750.00 will be constructed under the following conditions: a. For line extensions 1,500 feet or less, the estimated costs for construction in excess of $750.00 will require a nonrefundable contribution -in -aid -of -construction equal to ten percent of the estimated total cost of construction to be paid to the city prior to construction. The remaining balance of those costs over $750.00 and in excess of the ten percent contribution -in -aid -of -construction will be paid in advance or will be repaid to the city at 12 percent interest, in 36 equal monthly payments. This Chapter 1, Seward City Code, Title 14, Utilities Page 25 240 1-4 City of Seward, Alaska 2023 Utilities Tariff will be a monthly service extension charge. All estimated costs for construction greater than $25,000.00 will be recovered in full as a contribution -in -aid -of- construction payable prior to construction. b. For line extensions greater than 1,500, those costs in excess of the $750.00 allowance and the ten percent contribution -in -aid -of -construction will be repaid to the city at 12 percent interest in 60 equal monthly payments. This will be a monthly service extension charge. All estimated costs for construction greater than $25,000.00 will be recovered in full as a contribution-m-aid-of- construction payable prior to construction. (3) Any estimated costs for three-phase construction greater than $1,500.00 will be recovered in full as a contribution -in -aid -of -construction payable prior to construction. (b) Any line extension requiring a monthly service extension charge will be subject to credit approval as a prerequisite to these service extension provisions. (c) For large general service and small general service accounts, the city manager shall have the authority to waive the requirements of subsections (a)(2) and (a)(3) above when the customer can demonstrate that five times the estimated annual revenue (5 x EAR) exceeds the estimated construction cost of the service extension. The customer will execute an agreement with the city for a monthly "excess minimum" charge based on the actual construction costs of the service extension divided by 60. (Ord. 504, 1982; Ord. 92-20; Ord. 95-06) 14.15.520. - Temporary service construction. The customer will pay the city for all construction and subsequent removal costs for any temporary service prior to construction. This payment will be classified as a contribution -in -aid -of -construction. The city reserves the right to determine which services shall be classified as temporary. (Ord. 504, § 1.) 14.15.524. - Service extensions to multi -occupant buildings. (a) Apartments, condominiums, and townhouses. Service extensions to these facilities shall be treated as multiple service extensions based on the number of meters for "credits." (b) Motels, hotels, commercial, and office buildings. Service extensions to these facilities, although they may have multiple meters, will be treated as one service extension for "credits." (Ord. 95-06) 14.15.525. - Mobile home parks. All facilities installed in mobile home parks will require a contribution -in -aid -of -construction of total estimated costs prior to construction. (Ord. 504, 1982; Ord. 525, § 1(part), 1985) 14.15.530. - Service upgrades. (a) If a customer requests an upgrade in service to accommodate additional load requirements, the city will construct the upgrade under the following conditions: (1) For service extensions less than 36 months old, the customer will be required to pay all the estimated upgrade costs as a contribution -in -aid -of -construction prior to construction. Chapter 1, Seward City Code, Title 14, Utilities Page 26 oozy 1-4 City of Seward, Alaska 2023 Utilities Tariff (2) For extensions over 36 months old, the customer will be allowed upgrades, with cost estimates less than $400.00 at no additional charge. Any estimated costs greater than $400.00 will be treated under the standard service extension payment procedures outlined in section 14.15.515 (b) If a service upgrade includes an additional service extension for the upgrade, the costs of construction are subject to the above conditions (1) and/or (2). (Ord. 504, 1982; Ord. 610, 1988) 14.15.535. - Construction of subdivision service extensions and/or idle facilities. (a) If active service locations are served by requested service extension, each such extension shall be treated under the standard service extension procedures outlined in section 14.15.515 and subject to other applicable conditions of service as outlined in these service extension and utility provisions of the city. If service extensions to inactive service locations are requested or included by design along with service extensions to active service locations, the estimated cost associated with the extensions to the inactive service locations shall be paid by the customer or developer in full as a contribution -in -aid -of - construction prior to construction. (b) If service extensions to inactive service locations become active within 60 months of the original construction, a refund of all contributions -in -aid -of -construction paid up to $2,000.00 maximum will be made. Inactive service extensions that become active after 60 months subsequent to the original construction will receive no refund. The customer will be required to pay charges for any trips made by city work crews or contractors needed to make the conversion from inactive to active, independent of any refund. (c) Service extensions to a portion of the subdivision may be allowed with the approval of the city. The portion served will be determined by the city based on customer request(s) and sound engineering practice. The entire subdivision will be designed at the time of the original service request(s) and subsequent extensions will be done according to this design unless the city determines that economic considerations, a change in the plat, or other circumstances require a redesign of the electrical system. (Ord. 504, 1982; Ord. 610, 1988; Ord. 95-06) 14.15.540. - Adding services to existing service extensions. (a) If a new service extension is added to an existing extension within 60 months of the completion of the existing extension, one of the following adjustments will be made: (1) The original service extension monthly charge will be reduced to reflect a contribution of up to $400.00 for each new extension added to the original service extension; (2) The original service extension contribution -in -aid -of -construction will be refunded $400.00 for each new extension added, not to exceed the original contribution- in -aid -of -construction. If more than one customer sponsored the original service extension, the refund or monthly service extension reduction will be apportioned among the original customers. (b) If a new service extension is added to an existing extension subsequent to 60 months from the completion of the original extension, there will be no refund or adjustments. (c) New service extensions added to existing service extensions regardless of age will be treated under the provisions of section 14.15.515 and estimated costs will be calculated only on construction of the new extension from the existing lines plus any necessary existing system upgrading. Chapter 1, Seward City Code, Title 14, Utilities Page 27 ►zy: 1-4 City of Seward, Alaska 2023 Utilities Tariff (Ord. 504, 1982; Ord. 610, 1988; Ord. 95-06) 14.15.545. - Relocation of facilities. The city will relocate any portion of its facilities on request if the relocation will not interfere with, or increase the cost of, service to its customers. The party requesting the relocation shall execute a written agreement to pay the cost of relocation which shall be calculated as the cost of constructing and installing the new facilities, plus the cost of removing the replaced facilities, less the accrued depreciation and salvage value of the replaced facilities. Service conductors and equipment will be relocated at the sole cost and expense of the requesting party. Relocations at the request of the Alaska Department of Transportation and Public Facilities will be performed in accordance with the applicable laws of the state of Alaska. (Ord. 504, 1982) 14.15.550. - Conversion of temporary service; extensions to permanent service extension. If a service has been installed at a temporary location for construction power at a building site, the customer may request it be converted to permanent service. The cost of the service shall be recalculated in accordance with section 14.15.515 and fees and charges adjusted for a permanent service installation. Excess money already paid will be refunded, or deficiency paid. In addition, the customer will be required to pay costs associated with making the conversion from temporary to permanent, independent of any refund. Except as noted herein, other temporary installations are not eligible for conversion or refund. (Ord. 504, 1982; Ord. 610, 1988) 14.15.555. - Security light construction. (a) The city will provide security light service to customers by installing a single light and fixture on an existing pole with no more than one secondary span from the customer's installed existing overhead service facilities at no charge other than the standard security light installation fee. (b) If security light construction is required without existing secondary service, the customer will be require to pay all the estimated additional construction costs. These costs will be paid prior to construction as a contribution -in -aid -of -construction. The security light service will be constructed and billed as an individual, non -metered service. (Ord. 504, § 1.) 14.15.560. - Estimating service extension costs. (a) The city estimate used in determining service extension cost will be calculated on an average per foot cost based on the most recent actual construction costs plus the cost of transformers. (b) Costs will vary based on the physical characteristics of the extension as detailed in section 14.15.515. For non-standard construction, the estimates will reflect extraordinary costs for materials, transportation and/or labor. (Ord. 504, 1982; Ord. 610, 1988) 14.15.565. - General service extension provisions. (a) The city reserves the right to refuse service to any load or location determined to be detrimental to the city's existing system. Chapter 1, Seward City Code, Title 14, Utilities Page 28 243 1-4 City of Seward, Alaska 2023 Utilities Tariff (b) Applications for service and service extension agreements must be signed by the legal property owner or the lessee of state, federal or municipal property. Lessee/renters on private property may sign only with the consent of owner in writing. (c) Service extension agreements may be assumed by another customer providing that the customer is the new legal owner or lessee of the property to which the service extension was made, and further providing that it is agreed to in writing by the city, the assignor and the assignee of the agreement. (d) The city reserves the final right to determine the technical or economic feasibility of any service extension. Construction requirements for single-phase or three-phase service extensions will be determined solely by the city. The city may refuse any type of construction it deems technically unfeasible or the city may charge in advance as a contribution -in -aid -of -construction for any type of construction it deems non-standard or economically unfeasible. (e) The city shall be the sole judge of whether extensions, construction conditions, and material requirements are standard or non-standard. In non-standard construction the city will adjust service extension costs based on use of non-standard construction labor, materials or transportation. (f) If constructing service extensions require the services of a registered land surveyor, the applicant will be liable for costs incurred for any extra property or boundary surveys necessary to determine correct placement of the city's facilities on the applicant's property or intervening property. (g) For any service extension the customer must provide satisfactory right-of-way to the city for placement of its facilities as needed to provide service to the customer's desired service location. These rights -of -way shall be provided to the city at no cost. Right-of-way agreements must be signed by the legal property owner. (h) The length of the electric line required for an extension of service will be the distance from the nearest suitable existing distribution facility to the point where the customer's transformer bank is attached to the end of the service extension. The city will determine the length along the shortest practical route which is not in conflict with any previous plan to render service, and shall not be required to deviate from such previous plan of extension. The length of the extension will be computed based on the actual length of construction involved. (1) In all cases the facilities provided shall be constructed in accordance with the city's specifications, and shall be the city's property up to the point of delivery. (j) If more than one applicant requests service on the same extension, the guaranteed total minimum revenue or contributions -in -aid -of -construction will be apportioned among the applicants. (k) In cases where service extensions cross federal, state, municipal or native lands, the applicant will be liable for all filing, easement or other required fees. (Ord. 504, 1982) Article 6. - Liability 14.15.610. - Interruption of service. (a) The city will exercise reasonable care to provide adequate and continuous electric service. However, the city assumes no liability for injury, loss or damage resulting from system failure or Chapter 1, Seward City Code, Title 14, Utilities Page 29 244 0 City of Seward, Alaska 2023 Utilities Tariff curtailment of service, unless such injury, loss or damage results from the sole negligence of the city. Such failure or curtailment shall not be deemed breach of contract. (b) The city also reserves the right to temporarily interrupt service to make system repairs or system upgrades. In the event such interruptions are required, the city will make efforts, where practical, to give advance public notice. The city will also schedule these outages to be as short as possible and at times of least inconvenience. (c) Should a serious power shortage develop for reasons beyond control of the city, and should it become mandatory that the city place into effect a curtailment program, then in this event, the city reserves the right to limit the use of electrical energy to such extent and duration as may become necessary. (Ord. 504, 1982) 14.15.615. - Customer's equipment. (a) Neither by inspection, nor non -rejection, nor in any other way, does the city give a warranty, expressed or implied, as to the adequacy, safety or other characteristics of structures, equipment, wires, conduit, appliances or devices owned, installed or maintained by the customer or leased by the customer from third parties. (b) It is the customer's responsibility to install and maintain all wiring and equipment beyond the agreed point of delivery. The customer will also provide an Underwriter's Laboratory approved meter socket or sockets as specified by the city for the appropriate types of service. If instrument transformers are required, they will be supplied by the city at customer expense. The customer will provide the necessary space and equipment enclosures for mounting these devices as specified by the city's engineering department. The customer shall furnish and install meter sockets for instrument -rated metering according to the city's specifications. (c) The city will install and maintain meters and special monitoring equipment as needed. Because the city cannot guarantee normal operating standards at all times due to conditions or circumstances beyond the city's control, the customer is responsible for providing suitable protective equipment (i.e., fuses, breakers, relays, etc.) for protection against phase failure at excessive voltage fluctuation. (d) All wiring will comply with local, state and national electrical code standards. The city is not, in any way, liable for any damages or accidents to the customer or third parties due to contact with, or failure of, customer -owned installations. (Ord. 504, 1982; Ord. 95-06) 14.15.620. - Consequential damages. The city is not liable for any injury, loss or damage resulting in any way from the supply or use of electricity or from the presence or operations of the city's structures, equipment, wires, conduit, appliances or devices on the customer's premises, unless such injury, loss or damage results from the sole negligence of the city. (Ord. 504, 1982) 14.15.625. - Power outage. If a power outage occurs, the customer should attempt to determine if the outage is caused by failure of the customer's equipment or of the city's equipment. If the customer determines the fault to be the city's Chapter 1, Seward City Code, Title 14, Utilities Page 30 1-4 City of Seward, Alaska 2023 Utilities Tariff responsibility, the city will send a serviceman to investigate the reported outage. If the cause of the outage is determined to be the failure of the city's equipment, the city will correct the problem and restore service as soon as possible. However, if the cause of the outage is determined to be in the customer's portion of the service, the customer will be charged for all actual expenses associated with the serviceman's visit to the customer's service location. (Ord. 504, 1982) Article 7. - Rules for Responding to Inquiries from Qualifying Facilities Having a Capacity of Greater Than 100 KW 14.15.710. - Application, purpose, and waiver. (a) These rules govern the City of Seward, Electric Enterprise Fund ("Utility") implementation of the cogeneration and small power production regulations prescribed by the Federal Energy Regulatory Commission ("FERC"), 18 C.F.R. Part 292, as amended, under Section 210 of the Public Utility Regulatory Policies Act of 1978, as amended, 16 U.S.C. § 824a-3, ("PURPA"), as such rules apply to qualified cogeneration and small power production facilities ("QFs") with a design capacity of more than 100 kilowatts ("kW"). (b) The purpose of these rules is to set forth guidelines for the implementation of FERC's cogeneration and small power production regulations on a case -by -case basis. (c) Any requirement in these rules may be waived, in whole or in part, or be modified by the City Council of the City of Seward ("City Council") upon application and a showing of good cause, provided that such waiver is not otherwise prohibited by applicable law. (Ord. 2000-14, § 1, 2000) 14.15.715. - Availability of system cost data. (a) Except as provided for in (b) of this section, no later than 60 days after the effective date of this tariff, the utility shall compile and maintain for public inspection upon request, the following data, or data comparable thereto, to enable QFs to estimate the utility's avoided costs: (1) The utility's estimated avoided energy costs for various levels of purchases from QFs, expressed in cents per kilowatt hour, for the current calendar year and each of the next five years; (2) The utility's plan for the addition of capacity by amount and type, for purchases of firm energy and capacity, and for capacity retirements, for each of the next ten years; and (3) The estimated capacity costs at completion of the planned capacity additions and planned firm capacity purchases, on the basis of dollars per kilowatt, and the associated energy costs of each unit, expressed in cents per kilowatt hour. (b) After public notice in the utility's service area, and after opportunity for public comment, the utility may provide data different from those which are otherwise required by this section if the utility determines that avoided costs can be estimated from such data. (c) Except as otherwise required by applicable law, the utility shall not be required to disclose information that would compromise the integrity or confidentiality of the utility's competitive power supply procurement process or that might otherwise result in the disclosure of competitively sensitive information. The utility may, at its sole discretion, require a QF to enter into a confidentiality agreement prior to gaining access to competitively sensitive information. Chapter 1, Seward City Code, Title 14, Utilities Page 31 1-4 City of Seward, Alaska 2023 Utilities Tariff (Ord. 2000-14, § 1, 2000) 14.15.720. - Procedures for responding to inquiries from QFs. (a) Upon receiving a written request by a QF to sell power to the utility, the utility shall provide to the requesting QF a copy of the utility's "standard form contract" for interconnection, power purchases, and power sales with a QF. The standard form contract shall be adopted, and modified from time to time, by council resolution. The standard form contract shall not constitute an offer by the utility to interconnect, purchase power, or sell power. Instead, the standard form contract is intended solely to inform the QF regarding some of the general terms and conditions that would typically apply to such transactions with a QF. The standard form contract shall contain a number terms which will require negotiation between the utility and the QF with respect to the specific circumstances of the QF project being proposed. (b) After reviewing the standard form contract, the QF shall notify the utility in writing if it desires to further pursue selling power to the utility. (c) If the QF desires to further pursue selling power to the utility, the utility shall notify the QF regarding what information the QF must provide to enable the utility to (1) accurately calculate its avoided cost and (2) determine what contract terms and conditions are appropriate given the specific circumstances of the proposed QF project (facility). (d) The information to be provided by the QF under (c) shall be determined by the utility; such information may include, but shall not be limited to, the following: (1) Detailed description of the facility; (2) Detailed explanation demonstrating that the facility qualifies as a "qualifying facility" as that term is defined in 18 C.F.R. Part 292; (3) Precise location of the facility; (4) Nameplate electric generating capacity, net electric energy output, and plant factor of the facility; (5) Minimum and maximum availability of firm capacity and/or energy from the facility during the utility's daily and seasonal peak periods; (6) Projected date on which deliveries of capacity and/or energy would commence; (7) Plans for facility construction; facility financing; and the acquisition of all necessary property rights, permits, authorizations, and fuel contracts; (8) Expected and demonstrated annual and seasonal reliability of the facility; (9) Periods of scheduled maintenance and outages; (10) Plans for dispatchability of the facility; (11) If applicable, plans for acquiring access to adequate firm transmission services and the terms and conditions of such access; and Chapter 1, Seward City Code, Title 14, Utilities Page 32 Oz,VA 1-4 City of Seward, Alaska 2023 Utilities Tariff (12) Any other information the utility deems appropriate under (c) of this section. (e) In addition to the requirement in (c) of this section, the QF shall advance to the utility a cash deposit in the amount of the utility's estimated total costs of performing computer modelling to calculate the utility's avoided costs associated with the specific characteristics of the facility, plus a contingency margin of 10 percent. After all final calculations of the utility's avoided costs are complete, if the actual costs incurred by the utility to perform such modelling are less than the amount advanced by the QF, the utility shall refund the difference to the QF within 30 days. If the actual costs incurred by the utility exceed the amount advanced by the QF, the QF shall pay the utility the difference within 30 days. (f) After the QF has satisfied all requirements provided for in (c) through (e), the utility shall initiate the collection and analysis of whatever data are necessary for the utility to fulfill its obligations under FERC's cogeneration and small power production regulations. Within a reasonable period of time after the QF has satisfied all the requirements provided for in (c) through (e), the utility staff shall take one of the following actions: (1) Initiate negotiations with the QF for a contract specifying the charges, rates, terms, and conditions of interconnection, purchases, and sales between the utility and the QF, in compliance with FERC's cogeneration and small power production regulations; or (2) Notify the city council and any affected QF that, due to special circumstances, the utility is not obligated under FERC's cogeneration and small power production regulations to purchase power from the QF, and provide sufficient explanation to the city council in support of its conclusion. (g) If the utility staff initiates negotiations with the QF pursuant to (f)(1) and the utility and the QF are able to successfully negotiate a contract for interconnection, purchases, and sales within a reasonable period of time, the utility staff shall file the contract with the city council for its consideration under the procedures prescribed in section 14.15.725. (h) If the utility staff and the QF are not able to successfully negotiate such a contract within a reasonable period of time, or if the utility staff notifies the city council that, due to special circumstances, the utility is not obligated under FERC's cogeneration and small power production regulations to purchase power from the QF, the QF may file a written complaint with the manager of the utility for consideration by the city council under the procedures prescribed in section 14.15.730. (1) After public notice in the utility's service area, the utility may at any time apply to FERC for a waiver from its obligations under FERC's cogeneration and small power production regulations. In such event, the procedures provided for in this article 7 may be suspended pending final disposition of the utility's application, including any administrative or judicial appeals. (Ord. 2000-14, § 1, 2000) 14.15.725. - Consideration of contracts between the utility and a QF. (a) Consideration by the city council of a contract for interconnection, purchases, and sales between the utility and a QF shall be undertaken only after notice and opportunity for written comment and public hearing. (b) After the filing of such a contract with the city council, the utility shall provide reasonable notice to the public regarding consideration of the contract in the following manner. Not less than 45 days prior to the date of the public hearing, the utility shall publish notice of the hearing with the utility's Chapter 1, Seward City Code, Title 14, Utilities Page 33 248 1-4 City of Seward, Alaska 2023 Utilities Tariff billing statement and/or in a newspaper of general circulation in the utility's service area and post notice of the hearing at the utility's main offices in a place that is readily accessible to the public. The notice shall state: (1) The date, time, and place of the public hearing; (2) A general description of the contract to be considered; (3) That any member of the public may submit written comments concerning the contract no later than 25 days prior to the date of the public hearing; and (4) How a copy of the contract may be obtained. (c) The public hearing shall be held on the record. The city council may suspend the hearing in order to obtain any additional information it finds necessary to render a decision regarding the contract. The city council shall render a final decision regarding the contract by resolution on the record. (d) In rendering its final decision, the city council shall determine (1) whether the contract is consistent with FERC's cogeneration and small power production regulations, and (2) if the contract is consistent with FERC's cogeneration and small power production regulations, whether the contract should be approved as proposed. (e) Notwithstanding Seward City Code Section 14.15.415, the city council may approve, and the utility may perform, a contract that includes terms and conditions for interconnection with a qualified QF if such interconnection is required by FERC's cogeneration and small power production regulations. (Ord. 2000-14, § 1, 2000) 14.15.730. - Consideration of complaints. (a) Consideration of a complaint filed by a QF shall be undertaken only after notice and opportunity for written comment and public hearing. (b) Upon receiving a written complaint by a QF, the manager of the utility shall forward such complaint to the city council_ The utility staff shall have 30 days to file a written answer to the complaint and a recommendation to the city council. (c) After receipt of the utility staffs answer and recommendation by the city council, the utility shall provide reasonable notice to the public regarding consideration of the QF's complaint in the following manner. Not less than 45 days prior to the date of the public hearing, the utility shall publish notice of the hearing with the utility's billing statement and/or in a newspaper of general circulation in the utility's service area and post notice of the hearing at the utility's main offices in a place that is readily accessible to the public. The notice shall state: (1) The date, time, and place of the public hearing; (2) A general description of the matter to be considered; (3) That any member of the public may submit written comments concerning the matter no later than 25 days prior to the date of the public hearing; and (4) How a copy of the QF's complaint and the utility staffs answer may be obtained. Chapter 1, Seward City Code, Title 14, Utilities Page 34 249 City of Seward, Alaska 2023 Utilities Tariff (d) The public hearing shall be held on the record. At its sole discretion, the city council may opt to appoint or hire a hearing officer to conduct the public hearing. The public hearing shall afford reasonable opportunity for the QF, the utility, and the public to present testimony. The city council may suspend the public hearing in order to obtain any additional information it finds necessary to render a decision regarding the complaint. The city council shall render a final decision regarding the complaint by resolution on the record. (e) In rendering its final decision, the city council shall determine whether the utility staffs position and recommendation are consistent with FERC's cogeneration and small power production regulations. If the city council finds that the utility staffs position and recommendation are not consistent with FERC's cogeneration and small power production regulations, the city council shall take whatever action it deems appropriate to effect the utility's compliance with FERC's cogeneration and small power production regulations. (Ord. 2000-14, § 1, 2000) Chapter 14.20. - Sewage Disposal 14.20.010. - Use of public sewers required; time of connection. 14.20.015. - Unlawful discharge. 14.20.020. - Property owner responsibility. 14.20.025. - Construction of on -site system. 14.20.030. - Permit required. 14.20.035. - Separate connections and sewers required. 14.20.040. - Minimum standards. 14.20.045. - Check valve required. 14.20.050. - Property owner costs. 14.20.055. - Unlawful connections. 14.20.060. - Unlawful discharges. 14.20.065. - Unlawful damage. 14.20.070. - Frozen lines. 14.20.075. - Consequential damages. 14.20.010. - Use of public sewers required; time of connection. Whenever a public sewer system is installed and accepted by the city for operation, each owner of a parcel upon which a house, building, or property is used for human occupancy, employment, recreation, or other purposes situated within the city of Seward and any boundary of which is within 200 feet of the sewer system shall install a building sewer within 12 months; provided, that this time period may be extended for a maximum of six additional months at the discretion of the city engineer due to adverse weather conditions. This requirement shall not be affected by the availability of any on -site sewage disposal system. (Ord. 504, 1982) 14.20.015. - Unlawful discharge. It shall be unlawful to discharge sewage in any unsanitary manner on public or private lands or any natural outlet within the city limits of Seward. (Ord. 504, 1982) Chapter 1, Seward City Code, Title 14, Utilities Page 35 250 1-4 City of Seward, Alaska 2023 Utilities Tariff 14.20.020. - Property owner responsibility. Each property owner shall be solely responsible for the installation, maintenance and operation of any building sewer or any on -site sewage disposal system, whether or not such system has been approved or inspected by the city. (Ord. 504, 1982) 14.20.025. - Construction of on -site system. It shall be unlawful to construct or maintain any on -site sewage disposal system within the city of Seward unless the following conditions are met: (a) No public sewer is available within 200 feet of any property line or boundary upon which the structure to be serviced is located; (b) The proposed system meets at least the following minimum design criteria: (1) A minimum lot size of one acre, or meets the minimum separation required between a private well as provided in subsection c., following; (2) A minimum allowable percolation rate of 60 minutes/inch (MPI). Systems with less percolation than 60 MPI must be designed by an engineer registered in the State of Alaska; (3) A minimum of 100 feet separation of any treatment or disposal system from a private well. Private sewer lines must be a minimum of 25 feet from a private well; (4) A minimum septic tank size of 1,000 gallons for a three bedroom home and 250 gallons for each additional bedroom; (5) Leach field capacity shall conform to the Manual of Septic Tank Practices, U.S. Department of Health, Education and Welfare. (c) Review and approval of the system by the city engineer; (d) System meets all requirements of the Alaska Department of Environmental Conservation as being adequate to protect the ground water and general public welfare; (e) The owner agrees to comply with section 14.20.010. (f) All construction methods and details for on -site sewage disposal systems shall follow standard accepted practice. (Ord. 504, 1982; Ord. 610, 1988) 14.20.030. - Permit required. A sewer hook-up permit must be obtained from the city prior to making a connection to a public sewer. All work must be inspected and coordinated within the department of public works. (Ord. 504, 1982) 14.20.035. - Separate connections and sewers required. A separate service connection and building sewer shall be provided for every building unless physical constraints prevent it. Old service connections and building sewers may be used only if they are in good Chapter 1, Seward City Code, Title 14, Utilities Page 36 'r4..1 1-4 City of Seward, Alaska 2023 Utilities Tariff repair. Construction of the service connection shall meet the Uniform Plumbing Code and Building Code as required by Title 12 of this code. Adequate clean -outs must be provided. All connections to existing sewers shall be with a saddle. (Ord. 504, 1982; Ord. 610, 1988) 14.20.040. - Minimum standards. All sewer lines shall meet the minimum standards as set forth in section 14.10.075 of this title. (Ord. 504, 1982; Ord. 610, 1988) 14.20.045. - Check valve required. All new building sewers shall include a check valve if the lowest outlet in the building to be served is below the elevation of the top of the manhole nearest the downstream pump station. (Ord. 504, 1982) 14.20.050. - Property owner costs. All costs and expenses incidental to the installation and connection of the building sewer and any necessary service connection to the public sewer system shall be borne by the owner. The owner shall be assessed a one-time hook-up fee. (Ord. 504, 1982) 14.20.055. - Unlawful connections. It shall be unlawful to connect roof downspouts, exterior foundation drains, area runoff or ground water to a building sewer or building drain. In addition, it shall be unlawful to discharge uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 504, 1982) 14.20.060. - Unlawful discharges. (a) No person shall discharge or cause to be discharged any of the following described waters or wastes in any public sewer: (1) Any gasoline, benzene, naphtha, fuel oil, or other explosive liquid, solid, or gas; (2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanide in excess of two mg/12 as CN in wastes as discharged to the public sewer; (3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works; (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (b) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the city engineer that such wastes can Chapter 1, Seward City Code, Title 14, Utilities Page 37 QVI 1-4 City of Seward, Alaska 2023 Utilities Tariff harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the city engineer will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials and construction of the sewers, nature of the sewage treatment process, capacity of the sewage, treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade); (2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred mg/1 or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Centigrade); (3) Any garbage that has not been properly shredded; (4) Any waters or wastes containing strong acid iron, pickling wastes, or concentrated plating solutions whether neutralized or not; (5) "Septic" sewage. (Ord. 504, 1982; Ord. 95-06) 14.20.065. - Unlawful damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the sewage works. (Ord. 504, 1982) 14.20.070. - Frozen lines. The customer is responsible for all frozen and/or plugged service connections and building sewers unless it is determined that the back-up; and/or freezing was caused by a main line plug or failure. In any case, liability of the city shall be limited to reimbursement for use of a power rodder or for steam thawing performed by an authorized contractor. (Ord. 504, 1982) 14.20.075. - Consequential damages. The city shall not be responsible for any consequential damages caused by any failure of the sewage works. (Ord. 504, 1982) Chapter 1, Seward City Code, Title 14, Utilities Page 38 253 Electric Rates & Charges 2023 As of January 1, 2023 via Res 2021-074 & Res 2021-073 254 ELECTRIC RATES & CHARGES RATES FOR ELECTRICAL POWER BY CLASS OF SERVICE Seward Utility Demand Charge Cost of Power Class of Service Charge Customer Charge Adjustment /kWh /kWh (COPA) Residential Base Rate Monthly cost adjustment passed directly to Seward Summer * $0.1217 N/A $22.10 by Chugach Electric Association (CEA), Winter $0.0851 N/A based upon CEA's cost of power Small General Base Rate Service (less than 25 kW) See explanation above Summer * $0.1269 N; A $42 22 Winter $0.0927 N A Boat Harbor (less than 25 kW) $0.1103 N/A $42.22 See explanation above Large General $0.0761 Service (1" 200 kWh/kW) $26.93 $44.23 See explanation above $0.0264 (Additional kWh) Industrial $0.0437 $30.00 $100.00 See explanation above Yard Lights $9.94 (175 watts) $14.75 (250 watts) N/A N/A $28.09 (400 watts) N/A $70.21 (1000 watts) LED equivalent is '/z of cost Metered Street $0.1464 N/A $44.23 N/A Lights Cost of Power Adjustment (COPA) is based on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. * Summer is defined to mean the period from April 15 through October 15, with Winter defined as the remainder of the year. ** Demand Charges will be based on the maximum demand recorded over a 15-minute period. *** ASLC Transition Industrial Rate - The Special Contract for utility service with the Alaska SeaLife Center (ASLC) terminates on December 31, 2021. As of January 1, 2022, ASLC will be an Industrial customer. However, ASLC will transition to the regular Industrial rate over a three-year period. The transitional Industrial rate applicable to ASLC for 2022, 2023, and 2024, are set forth below, with ASLC subject to regular Industrial rates as of 2025. 'r431. 2022 2023 2024 Customer $100.00 $100.00 $100.00 Energy $0.0377 $0.0397 $0.0417 Demand $20.50 $23.67 $26.83 The Large General Service rate will be applicable to all services with a demand of 25 kilowatts or greater forthree or more consecutive months during a year. A Small General Service customer may elect to be billed under the Large General Service schedule. However, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. The Industrial rate will be applicable to all services with energy usage equal to or greater than I million kVAVyear. Definitions and Miscellaneous Charges System Delivery Charge: A System Delivery Charge (SDC) of $28.75 will be applied to any service thatuses less than 150 kVAVmonth, whether or not electric service is used. This replaces the Seward Utility energy charge and the Cost of Power Adjustment and is subject to proration. SDC under this schedule is an addition to the customer charge and is based on a monthly usage of 150 kWh times the energy rate andthe COPA. Absent an active customer, the registered property owner will be billed this monthly minimum charge. Cost of Power Adjustment (COPA): The Cost of Power adjustment charge from the Power Provider is a direct pass - through of the monthly total Power bill, including fuel costs, energy charges, customer charges, demand charges, and other miscellaneous adjustments, prorated according to the number of kilowatt hours the Seward Electrical Utility customers consumed during the billing period. The monthly rate for COPA may be modified as frequently as monthly, or through the use of a balancing account intended to reduce rate fluctuations. Seward Fuel Adjustment: The Seward Fuel Adjustment cost may be included in the COPA in the event The City operates the standby generation plant, including fuel, labor, maintenance and repair when the cost exceeds the amount budgeted. The cost will be prorated according to the number of kWh the customers consumed during the billing period. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the following power factor adjustment provisions: 1. Demand -metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: Monthly Billing Demand = Maximum Demand x 90% Actual Power Factor 2. All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. Standby Generation: The cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. QV Other Miscellaneous Fees and Charges: Fees and charges for existing facilities can be found on the following pages, as well as engineering service fees and charges for new facilities. Fees are listed according to service zones as follows: ZONE 1 Inside City Limits (excluding the Boat Harbor) ZONE H City limits to Mile 12 Seward Highway, and all roads connecting to the highway within this area ZONE III Mile 12 to Lawing APUC Regulatory Cost Charge: A special surcharge of $0.000626/kWh imposed on electrical utilities by the Regulatory Commission of Alaska. (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass -through charge to retail utilities customers. Alternative Power Rebate: Calculated by subtracting kWh generated by an alternative power source from the kWh supplied to the customer from the City of Seward during the billing cycle. The difference is multiplied by the City's utility/energy charge and the Cost of Power Adjustment (COPA), which are itemized and shown on the bill. Alternative Power Excess Credit: If a customer's alternative power source generates more kWh than supplied from the City of Seward during the billing cycle, the difference is credited to the customer's account at the non - firm avoided cost rate (dollars per kilowatt-hour) of the City's Electric Department. The non -firm avoided cost rate for Seward is defined as those expenses equal to the variable cost per kilowatt-hour for purchased power during the billing cycle —adjusted upward by X percent* to account for line losses. Credits are not provided for capacity. The variable cost of purchased power for Seward is equal to the sum of the base energy rate (BER) and the purchased power & fuel (PP&F) cost as set by Seward's wholesale power supplier. *The percentage used for line losses will be updated annually based on the previous year's line loss rate and rounded to the nearest half percentage point 04-YA EXISTING FACILITIES SCHEDULE OF FEES AND CHARGES Service Zone I Zone II Zone III Meter testing $75.75 $106.06 $136.33 Per test, when results determined meter is accurate Reconnection to approved existing meter installation $30.30 $37.88 $45.46 Reconnection to approved existing meter installation outside regular $212.11 $257.52 $302.98 business hours New connection fee $221.14 $221.14 $221.14 Minimum deposit - Residential account $121.54 $121.54 $121.54 Minimum deposit - Commercial or Industrial account $243.09 $243.09 $243.09 The larger The larger The larger of twice of twice of twice Deposit - Interruptible, Off-peak account the the the estimated estimated estimated bill or bill or bill or $243.09 $243.09 $243.09 Tampering with or unauthorized breaking of meter seal $737.06 $737.06 $737.06 Per annum interest on delinquent account 10.5% 10.5% 10.5% Door hanger fee $35.10 $35.10 $35.10 Monthly late fee on delinquent account $6.33 $6.33 $6.33 Dishonored check fee $39.59 $39.59 $39.59 Seasonal turn -on or seasonal tum-off fee $15 $15 $17 2.17 (excludes brand new service; includes new account name or same eacchh each each account name; waived if < 2 months between turn-off and turn -on) Reconnection during regular business hours following disconnection of $57.32 $71.69 $86.03 delinquent account Reconnection outside regular business hours following disconnection of $200.74 $243.72 $287.79 delinquent account Transmission rate $7.84/kW $7.84/kW $7.84/kW per month per month per month Updated via Resolution 2021-064 & Resolution 2021-073, Effective January 1, 2022. 258 NEW FACILITIES ENGINEERING SERVICES SCHEDULE OF FEES AND CHARGES Service Zone I Zone II Zone III Temporary secondary service $73.71 $88.46 $103.20 Primary overhead extensions — Residential $73.71 $88.46 $103.20 Primary underground extensions — Residential $73.71 $88.46 $103.20 Secondary service $73.71 $88.46 $103.20 Primary overhead extensions — Subdivision, Mobile Home Park, Multi- Residence $147.41 $176.95 $206.40 Primary overhead extensions — Commercial, Industrial $294.83 $353.80 $383.28 Primary underground extensions — Commercial, Industrial $294.83 $353.80 $383.28 Modifications of existing facilities $147.41 $176.95 $206.40 Street lighting systems & Yard lights $73.71 $88.46 $103.20 NOTE: The Zone Fee or Charge is non-refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual cost of engineering services. Updated via Resolution 2021-064 & Resolution 2021-073, Effective January 1, 2022. 259 City of Seward, Alaska 2023 Utilities Tariff �6 Water Rates & Charges 001. 1-4 City of Seward, Alaska 2023 Utilities Tariff WATER RATES & CHARGES RATES FOR WATER BY CLASS OF SERVICE ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 2.1 % beginning the first billing cycle of the 2018 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increases in the Consumer Price Index, All Items, 1982-84-100 for all Urban Consumers, Anchorage, Alaska Area ("CPI') as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2018 rates reflected an increase based on the average CPI for 2011-2015.) GROUP A — RESIDENTIAL Group A includes all residential customers living in single family or multiple family living units, whether metered or unmetered. Multiple family units include multiplexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. The accounts may be paid by individual occupants or owners of multiple units. When the entire water service to a multiplex or apartment building is billed to one account, the charge will be based on total number of living units in the building whether or not occupied. Living units are considered to be complete with kitchens, baths and plumbing for laundry units. No adjustment is made for the size of the unit, numbers of amenities or the size of the family occupying the unit. A 25% reduction is permitted for units that are not plumbed for laundry units provided a common laundry unit is not available in the building or apartment complex for apartment occupants. There will be no reduction if a common laundry facility is available. All commercial residential customers may elect to install, at their own expense, water meters, to be charged Group D metered commercial water and sewer rates. Customers electing to convert to metered rates are encouraged to consider that a pending Water and Sewer Rate Study may impact either or both ERU rates and metered rates, when deciding whether to invest in the costs of installing a water meter. BASIS FOR MONTHLY GROUP A FEE Category/Description of Unit Charge Living unit with plumbing for laundry, or common laundry facility available on premises 1 ERU Living unit without plumbing for laundry and no common laundry available for use by the 0.75 ERU occupant Rental apartment unit not occupied by owner when billed as a multiple unit of 3 or more 0.75 ERU apartments served from a single water service. (No credit will be given for unoccupied units.) Duplex in one building treated as two residences served from a single water service 2 ERU ERU = Equivalent Residential Unit ($50.56) Chapter 3, Water Rates & Charges Page 1 'r41.1 1-4 City of Seward, Alaska 2023 Utilities Tariff GROUP B - SMALL GENERAL SERVICE Group B includes commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use, whether metered or unmetered. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Where a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities to be served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY GROUP B FEE Category/Description of Unit Charge Hotels and motels not including bars and restaurants: Basic charge per building 1.0 ERU PLUS each guest room 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Office Building/Mall with offices and retail stores and businesses not including restaurants, bars, food markets: Basic charge per building 1.0 ERU PLUS each office/activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Single Office/retail shop/professional activity not in office building, per each office or activity 1.0 ERU Barber, beauty, animal grooming shop: Basic charge 1.0 ERU PLUS charge per chair/tub 0.75 ERU Libraries, public offices, professional offices, and similar activities: Basic charge per building 1.0 ERU PLUS each office/activity 0.3 ERU PLUS each pair of public restrooms in excess of one pair 0.3 ERU Doctors' offices, including medical clinics, emergency first aid station, dentists' offices and similar activities: Basic charge per facility 1.0 ERU PLUS per each examination room, dental chair or similar unit 0.5 ERU PLUS per each office 0.3 ERU Warehouses: Basic charge per building 1.0 ERU PLUS each pair of restrooms or showers exceeding one pair 0.3 ERU Churches, theaters, assembly halls, clubs, fraternal clubs: Basic charge per building 1.0 ERU PLUS each pair of restrooms exceeding one pair 0.3 ERU PLUS, for food/bar service, add charge for restaurant or bar see Group C Public restrooms in parks and similar activities, per each pair of restrooms 1.0 ERU Boardwalk shops with sewage, per shop 0.5 ERU Camping & RV Parks: Per spigot 0.5 ERU Per camper/motorhome hookup 0.2 ERU Private schools, day care centers Basic charge 2.0 ERU PLUS per each 15 students or for children in excess of 25 0.5 ERU Chapter 3, Water Rates & Charges Page 2 '041M 1-4 City of Seward, Alaska 2023 Utilities Tariff Category/Description of Unit Charge Public baths and showers: Basic charge 2.0 ERU PLUS per each bath or shower in excess of two 0.5 ERU ERU = Equivalent Residential Unit NOTE: Only one basic charge will be assessed per building where different activities occupy the same building. This does not include residential charges for living units within the same building. Chapter 3, Water Rates & Charges Page 3 04-191 1-4 City of Seward, Alaska 2023 Utilities Tariff GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General services and/or water is used for food preparation or other activities, but not for industrial processing. These activities will be metered when newly constructed or when remodeling and/or repairs makes installation of meters feasible. However, metered rates apply only to Group D customers. When a building, mall or group of facilities is served from a single service, the bill will be based on the total number of facilities served, and no credit will be given for vacant facilities. BASIS FOR MONTHLY GROUP C FEE Category/Description of Unit Charge Food/grocery markets: Basic charge 3.0 ERU PLUS per water-cooled refrigeration unit 3.0 ERU PLUS per butcher/meat packing unit 1.0 ERU PLUS per bakery 1.0 ERU PLUS per snack bar/Deli .5 ERU Restaurants and/or bars (A unit may be defined as a combination restaurant/bar if operated together or separate units if restaurant and bar are operated separately.) This category includes all drink and food service activities, including full service restaurants, hospital kitchens, dormitories, dining halls, school cafeterias, etc.: Basic charge per unit 2.0 ERU PLUS per every 8 seats in excess of 8 seats 0.5 ERU Snack Bar - no seating 0.5 ERU Garage/gas stations and retail, manufacturing and repair shops not using water for processing: Basic charge 2.0 ERU PLUS per pair of restrooms exceeding one pair 0.3 ERU PLUS per each shower 0.3 ERU PLUS per each wash bay 1.0 ERU Public schools, excluding swimming pools or food service: Basic charge Elementary School 7.0 ERU Jr. High School 7.0 ERU High School 8.0 ERU PLUS swimming pool 15.0 ERU PLUS charge for food service based on rate for restaurants See Above Hospital & Nursing Homes, excluding food service: Basic charge 6.0 ERU PLUS charge for food service based on rate for restaurants See Above Laundry (self-service or commercial units): Basic charge 2.0 ERU PLUS per each laundry unit of 12 pounds or less capacity 1.0 ERU PLUS per each laundry unit larger than 12 pounds capacity 2.0 ERU Chapter 3, Water Rates & Charges ERU = Equivalent Residential Unit Page 4 264 1-4 City of Seward, Alaska 2023 Utilities Tariff GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes only metered commercial and industrial enterprises where water usage is greater than for small businesses and where water is used for industrial processing not otherwise included in Groups A, B, or C. All new activities shall be metered, and existing facilities will be converted to meters when remodeling and repairs make installation of a meter feasible. Meters must include readouts at a location acceptable to the City, to allow for accurate meter readings. Remote readers are required in most locations. The cost of initial installation of a meter in a new facility will be paid by the customer. The cost of maintenance, repair and replacement of all meters will be at customer expense. The customer will provide a meter, and the user will pay the cost of installation, where an existing service is converted to meter and the commercial use/activities of the user have not changed. If the meter is required due to changed usage, the customer will pay all costs, including the cost of the meter. Failure to repair or replace a faulty meter will result in the billing department estimating the meter reading, or returning the customer to non - metered billing, at the utility's discretion, until such time as the meter is replaced. If the customer fails to replace a faulty meter within ninety (90) days of being informed of the need to replace the meter, the city may, at its expense, replace the meter and charge the customer as a work order, at double the costs incurred to replace the faulty meter, to encourage customers to repair and replace their own equipment. In all cases, the City will specify and/or approve the type of meter and its installation. A customer may request to be converted to meter rates if they meet the definition of a Class D customer. If a customer request is approved to convert to meter rates, the customer will install a meter at the customer's expense, and thereafter charges will be based on metered usage. A customer cannot convert from metered to fixed rate billing. Chapter 3, Water Rates & Charges Page 5 04-M 1-4 City of Seward, Alaska 2023 Utilities Tariff BASIS FOR MONTHLY GROUP D FEE MINIMUM BASE CHARGE FOR EACH METERED SERVICE Service Size Minimum Monthly Charge 3/4" - 1" Service $25.16 1-1/2" - 2" Service $50.36 2-1/4" - 4" Service $253.79 Over 4" Service $1,268.77 PLUS CHARGE FOR CONSUMPTION Consumption per Month per Meter Charge per 1,000 Gallons First 50,000 Gallons $6.36 Next 500,000 Gallons $5.08 Next 1,000,000 Gallons $3.89 Next 2,000,000 Gallons $3.19 All Additional Gallons $1.62 Only Group D customers are eligible for metered service rates. Group D customers will be charged the Minimum Base Charge for each metered service, plus the additional charge for consumption, for each metered service. The consumption metered on several metered services serving the same owner will not be combined to calculate the monthly bill. Each will be computed as a separate bill. The City may negotiate or renegotiate special contracts with a user that consumes in excess of 20 million gallons of water per calendar year. Such contracts will set or amend a rate which will assure that the user pays no less than its full share of the utility's fixed and variable operating and maintenance costs. All special contracts and renegotiations of existing special contracts shall be approved by resolution of the City Council. Chapter 3, Water Rates & Charges Page 6 04-11; 1-4 City of Seward, Alaska 2023 Utilities Tariff GROUP E — OTHER WATER RATES AND FEES Group E includes charges for categories of service not included in Groups A through D. Fire Hydrant Use Permit From May I to August 31 a Fire Hydrant Permit may be issued. Fire Hydrants will be turned on and off by Water or Fire Department Personnel. If the City determines that a meter and a backflow preventer are required, these will also be installed by Water Department personnel. This rate is set for contractors or other temporary water users, but not for bulk water service to ships or tanker trucks serving ships or industries. Tapping Fee $104.86 PLUS Daily Fee $52.44 PLUS Weekly Fee $314.58 Water Service Connection Fee Done by city, from water main to key box: Actual cost, but not less than S2,989.71 PLUS cost of paving and curb replacement Done by contractor, from water main to key box: Connection Fee S 176.49 PLUS cost of paving and curb replacement Contractor Work Any contractor tapping into a city main, or otherwise working on a city water line, must be properly licensed to perform the work and must also provide a $5, 000.00 bond or equivalent cash guarantee payable to the city. Water Service Inspection Fee For service installed by others $104.86 Water Turn -On or Turn -Off (per visit, excluding new service and new account name) First turn -on and/or turn-off for new service or new account No Charge All other turn-ons or turn-offs: During business hours $52.44 During non -business hours $157.58 Seasonal Turn-Ons $176.49 Seasonal Turn -Offs $176.49 Seasonal turn-on/turn-off will be charged as "Seasonal Turn-Ons and Turn -Offs, " including new account name or same account name; waived if <2 months between turn-off and turn -on; seasonal can apply to summer or winter. Unauthorized Use of City Equipment, including fire hydrants, key boxes, turn -on and/or turn- $1048.59 off Restoration of Water Service, including repair of damage by owner or Actual cost, including city contractor to city facilities overhead, labor, materials and equipment Chapter 3, Water Rates & Charges Page 7 041YA 1-4 City of Seward, Alaska 2023 Utilities Tariff Locate Service Large projects requiring several locates will be under a special agreement with the water utility and may include an additional fee. May 1 - October 31 No Charge November 1 - April 30 $157.28 Thaw Wire Locate May 1 - October 31 No Charge November 1 - April 30 $157.28 Security Deposit Domestic (Single Family & Duplex) $52.44 Commercial & Multiple Dwellings $157.28 Fire Hydrant Usage $314.58 Ship Water (Water furnished to temporarily moored vessels) Customer will be responsible for actual charges related to all work and materials required to provide water to vessel. The point of delivery for potable water supplied by the City shall be at the customer side of the meter/backflow preventer, and the customer is responsible for water quality from the delivery point to the vessel. Less than 1,000 gallons from Seward Boat Harbor facilities not requiring city assistance or the use of fire hydrants No Charge All service not included above: Basic Charge (during regular business hours) S 104.86 Basic Charge (outside regular business $209.73 hours) PLUS $9.75 per 1,000 gallons for all water used Chapter 3, Water Rates & Charges Page 8 P4�? City of Seward, Alaska 2023 Utilities Tariff �6 Sewer Rates & Charge Chapter 4, Sewer Rates & Charges Page 1 04V1 City of Seward, Alaska 2023 Utilities Tariff 1-4 SEWER RATES & CHARGES Effective 3/15/23 RATES FOR SEWER BY CLASS OF SERVICE ANNUAL RATE ADJUSTMENT: The rates and fees herein provided are adjusted 2.1 % beginning the first billing cycle of the 2018 calendar year. The rates thereafter will be adjusted annually beginning the first billing of each calendar year to reflect an average of the five previous published years' annual increase in the Consumer Price Index, All Items, 1982-84-100 for all Urban Consumers, Anchorage, Alaska Area ("CPI') as published by the United States Department of Labor, Bureau of Labor Statistics. (For example, 2018 rates reflected an increase based on the average CPI for 2011-2015.) GROUP A — RESIDENTIAL Group A includes all metered and non -metered residential customers living in single family or multiple family living units. Multiple family units include multiplexes, apartments and townhouses, but exclude hotels, motels and similar transient accommodations. All commercial residential customers with a water meter are eligible for Group D metered commercial sewer rates. Customers wishing to convert to metered rates are encouraged to consider that a pending Water and Sewer Rate Study may impact either or both ERU rates and metered rates, when deciding whether to invest in the costs of installing a water meter. GROUP B - SMALL GENERAL SERVICE Group B includes all metered and non -metered commercial enterprises where the use of water is incidental to the commercial activity and is primarily limited to domestic and janitorial use. This class of service includes such businesses as hotels, motels, professional office buildings, barber shops, warehouses, libraries, public offices, churches and theaters, etc. Group B customers with water meters are eligible for Group D metered commercial sewer rates. Customers wishing to convert to metered rates are encouraged to consider that a pending Water and Sewer Rate Study may impact either or both ERU rates and metered rates, when deciding whether to invest in the costs of installing a water meter. GROUP C - LARGE GENERAL SERVICE Group C includes commercial enterprises where water usage is greater than in Small General Service and/or water is used for food preparation or other activities, but not for industrial processing. Group C customers with meters are eligible for Group D metered commercial sewer rates. Customers wishing to convert to metered rates are encouraged to consider that a pending Water and Sewer Rate Study may impact either or both ERU rates and metered rates, when deciding whether to invest in the costs of installing a water meter. GROUP D - METERED COMMERCIAL & INDUSTRIAL SERVICE Group D includes metered commercial and industrial enterprises (non-commercial residential Group A customers are not currently eligible for metered rates). Chapter 4, Sewer Rates & Charges Page 1 270 1-4 City of Seward, Alaska 2023 Utilities Tariff BASIS FOR MONTHLY FEES AND CHARGES GROUPS A, B, C & D NON -METERED SERVICES Non -metered sewer users in Groups A, B, and C shall be charged at the rate of $69.67 per ERU per month, not including tax, when the water service and sewer service serve the same activities. If the activities serviced by the sewer services are different than those served by the water service, the water charge shall be computed based on the activities served by the sewer. The sewer rate shall be computed at 1.2 times the established water charge. METERED SERVICES Sewer users with metered service (Group D) shall be charged for sewer service according to the rates listed below. The charge shall be based upon the quantity of metered water, except that those users having a sewer meter shall be charged for the quantity of sewage actually metered. The quantity of sewage will be adjusted if a significant amount of wastewater is not discharged into the city sewer system. MINIMUM CHARGE FOR EACH METERED SERVICE Service Size Minimum Monthly Charge 3/4" - 1" water service $59.45 1-1/2" - 2" water service $98.55 2-1/4" - 4" water service $247.98 Over 4" water service $1,239.79 PLUS CHARGE FOR CONSUMPTION Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A - D First 10,000 Gallons $8.74 Next 40,000 Gallons $6.99 Next 50,000 Gallons $5.80 Next 100,000 Gallons $5.22 All Additional Gallons $2.58 Chapter 4, Sewer Rates & Charges Page 2 of 1-4 City of Seward, Alaska 2023 Utilities Tariff GROUP E — SPECIAL RATES AND FEES Group E includes charges for other categories of service not included in Groups A — D: Users generating sewage with a BOD and SS loading in excess Specified rate in rate tables times a factor of mg/1 (upon a determination by the Utility Manager that the of the actual BOD and SS loading divided concentration and characteristics of the sewage will not cause a by 250, plus the cost of testing. detrimental effect upon the sewer system and/or treatment Rate x BOD Factor + SS Loading + Test Cost plant). 250 BOD = Biological Oxygen Demand SS = Suspended Solids Tank Truck Operators: Fresh sewage, or waste from portable or chemical toilets, provided the utility manager determines the waste will not be detrimental to the sewer system and/or treatment plant. $67.63 per thousand It is prohibited to discharge into the city's sewer system, septic tank waste or any waste gallons containing toxic or other materials that could cause the city's discharge to violate the EPA or DEC discharge permit. Recreational Vehicles Individual RV owners utilizing city -owned or approved dump sites No fee Public and private campground operators (Operators must maintain sufficient records to compute a monthly payment, and such records shall $1.14/day per RV, camper or trailer permit, be made available to the city upon request) not including tent campers. No fee collected by Sewer Department, -fees collected by Campgrounds Department and passed onto the Sewer Department during the year-end budget process. Ship's Sewage Not accepted Sewer Service Connection Fee Installed at property owner's expense. Any work performed by the city will be charged at total cost, including labor, overhead, administration, materials and equipment PLUS a $155.09 $155.09 connection ee. Sewer Service Inspection Fee $130.60 This fee shall be charged for services installed by anyone other than the city. Unauthorized Connection or Discharge into the City Sewer System Per Occurrence $1,024.63 PLUS cost of repair, restoration or cleanup by city PLUS State and/or Federal penalties & charges levied against the city or individual Restoration of Sewer Service and Repair of Damage by Owner or Contractor Actual cost, including city to City Facilities overhead, administration, labor, materials and equipment. Locate Sewer Main Large projects requiring several locates will be under a special contract and may require a fee. First Locate No Charge Each Additional Locate $102.44 Security Deposit If a water security deposit was paid, no additional deposit will be required. If no water deposit was paid, the following deposits will be charged. Domestic (Single Family & Duplex) $51.23 Commercial $153.70 Multi -Family $15 3.70 Chapter 4, Sewer Rates & Charges Page 3 'rAFf: 1-4 City of Seward, Alaska 2023 Utilities Tariff Contractor Work Any contractor tapping into a city sewer main, or otherwise working on a city sewer main, must be properly licensed to perform the work and must provide $5, 000 Bond or equivalent cash guarantee payable to the city. Seasonal Turn -On and Seasonal Turn -Off Includes new account name or same account name; waived if <2 months $52.24 between turn-off and turn -on; a Sewer System Delivery Charge (SSDQ of $52.24 per month will be applied to any service that has their water turned off. NOTE: This rate applies at the same time water service is disconnected. Sewage Meter Computed from the quantity of metered water delivered to the same activity unless a sewage meter has been installed. Sewage meters approved by the city may be installed at the user's expense. Delinquent Account Charges Interest rate 10.5% per annum Monthly late fee $5.80 Chapter 4, Sewer Rates & Charges Page 4 273 City of Seward, Alaska 2023 Utilities Tariff �6 Legislative History Notes 274 1-4 City of Seward, Alaska 2023 Utilities Tariff LEGISLATIVE HISTORY NOTES GENERAL CHANGES EFFECTIVE Resolution 96-076 Amending The Utility And Harbor Tams By Revising June 10, 1996 Interest Charges And Adding Other Fees Associated With Delinquent Accounts. Ordinance 00-014 Adopted rules & rate methodologies to June 12, 2000 purchase power from qualifying facilities Resolution 06-023 Authorizing The City Manager To Enter Into A New March 13, 2006 Agreement For The Sale And Purchase Of Electric Power And Energy With Chugach Electric Association, Incorporated. Chapter 5, Legislative History Notes Page 1 09 1-4 City of Seward, Alaska 2023 Utilities Tariff ELECTRIC TARIFF EFFECTIVE Resolution 92-064 Adopted May 11, 1992 Resolution 92-186 (Page 2-3) Amended November 16, 1992 Resolution 93-089 Amended June 18, 1993 Resolution 00-029 April 1, 2000 Resolution 00-053 Amended May 22, 2000 Ordinance 00-014 June 22, 2000 Resolution 02-138 January 1, 2003 No Resolution *CEA Agr. adjusted demand rates June 11 2006 Resolution 09-115 Amending The Electric Rates And Charges Tariff To Include Automatic Annual Adjustments To All Rates And Fees By An Amount Equal To The Previous Five Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers, And Automatic Pass -Through Of Rate Increases From Chugach Electric Association. January 1, 2010 & January 1, 2011 No Resolution *CEA Agr. adjusted demand rates May 1, 2011 No Resolution *CEA Agr. adjusted demand rates Resolution 11-081 Amending The Electric Rates And Charges Tariff To Include Automatic Annual Adjustments To All Rates And Fees By A Cumulative Amount Of Ten Percent In 2012 And Five Percent In 2013. January 1, 2012 & January 1, 2013 No Resolution *CEA Agr. adjusted demand rates August 31, 2012 No Resolution *CEA Agr. adjusted demand rates January 1, 2014 Resolution 2013-084 Adopting The Electric Enterprise Fund Biennial Budget For Calendar Years 2014 And 2015. January 1, 2014 Resolution 2014-047 Modifying The Electric Tariff To Add Language For Net Metered Customers To Receive Compensation For Producing Energy, June 7, 2014 No Resolution *CEA Agr. adjusted demand rates July 31, 2014 No Resolution Annual CPI increase 2.6% January 1, 2015 No Resolution *CEA Agr. adjusted demand and energy rates May, 2015 Resolution 2015-089 Amending The Electric Rates And Charges, Implementing Seasonal Rates And Freezing Small General Service Rates For 2016 And 2017 October 26, 2015 No Resolution Annual CPI increase 2.3% January 1, 2016 No Resolution *CEA Agr. adjusted demand rate July 1, 2016 No Resolution *CEA Agr. adjusted demand and energy rates September 1, 2016 No Resolution *CEA Agr. Adjusted demand rates November 1, 2016 No Resolution Annual CPI increase 2.4% January 1, 2017 Resolution 2017-068 Amending The Electric Rates And Charges, Reducing Seasonal Rates, And Adjusting Rates To Reflect Seward Electric Utility Charge, Cost Of Power Adjustment And Customer Charge For 2018 And 2019 January 15, 2018 & January 15, 2019 *Council approvedpower agreement with CEA which adjusted the demand charge rate, but not by specific resolution. Chapter 5, Legislative History Notes Page 2 'rA(y 1-4 City of Seward, Alaska 2023 Utilities Tariff WATER TARIFF EFFECTIVE Resolution 92-065 Adopted May 11, 1992 Resolution 92-113 Amended June 22, 1992 Resolution 93-090 Amended June 14, 1993 Resolution 93-142 (Fire Amended September 27, 1993 Hydrants) Resolution 95-032 Amended April 24, 1995 Resolution 99-048 (Ship Amended Apri126, 1999 Water) Resolution 03-155 Amending The Water TarifAnd The Sewer Tariff. January 1, 2004 Resolution 04-106 Amending The Water Tariff. January 1, 2005 Resolution 09-117 Amending The Water TariAndProvidingFor Automatic January 1, 2010 & Annual Adjustments To All Rates And Fees By An Amount January 1, 2011 Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Resolution 11-080 Amending The Water Tariff And Providing For A 4% January 1, 2012 & Increase In Calendar Year 2012 And 6% Increase In January 1, 2013 Calendar Year 2013 And Providing For An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Resolution 13-085 Adopting The Water Enterprise Fund Biennial Budget January 1, 2014 For Calendar Years 2014 And 2015. Resolution 15-091 Amending The Water Tariff To Provide For 4.3% January 1, 2016 & Increase In The 2016 Calendar Year And A 2.4 % January 1, 2017 Increase In The 2017 Calendar Year, And Allow For An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Resolution 2017-078 Amending The Water Tariff To Provide For 2.1 %Rate January 1, 2018 Increase, Clarifying Metered Versus Non -Metered, Increasing Base Rate For 1 112" - 2" Meters, Changing The Seasonal Definition, And Other Minor Housekeeping Issues. Resolution 2018-032 Amending The Water Tariff To Provide For 2.1 %Rate Passed April 9, 2018 Increase Beginning January 15, 2018, Clarifying That Retroactive to Metered Rates Apply To All Customers Other Than Non- January 15, 2018 Commercial Residential, Changing The Seasonal Definition, And Other Minor Housekeeping Changes. Chapter 5, Legislative History Notes Page 3 277 1-4 City of Seward, Alaska 2023 Utilities Tariff SEWERIWASTEWATER TARIFF EFFECTIVE Resolution 92-066 Adopted May 11, 1992 Resolution 92-113 Amended June 22, 1992 Resolution 93-091 Amended June 14, 1993 Resolution 03-155 Amending The Water TariffAnd The Sewer Tariff. January 1, 2004 Resolution 04-105 Amending The Sewer Tariff. January 1, 2005 Resolution 07-123 (5%T) Amending The Sewer Tariff To Increase All Sewer Tarim January 1, 2008 Charges By 5% Effective January], 2008. Resolution 09-118 Amending The Wastewater Tariff And Providing For January 1, 2010 & Automatic Annual Adjustments To All Rates And Fees January 1, 2011 By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Resolution 11-079 Amending The Wastewater TariffAnd Providing For A January 1, 2012 & 6% Increase In Calendar Year 2012 And A 6% Increase January 1, 2013 In Calendar Year 2013 And Providing For An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Resolution 13-097 Amending The Wastewater Tar ffBy Upward Adjusting January 1, 2014 All Rates And Fees By 5.2 % Effective The First Billing Cycle In January 2014. Resolution 13-098 Amending The Wastewater Tar ffBy Upward Adjusting January 1, 2015 All Rates And Fees By An Additional 5.2% Effective The First Billing Cycle In January 2015. Resolution 15-090 Amending The Sewer Tariff To Provide For A 4.3% January 1, 2016 & Increase In The 2016 Calendar Year And A 4.4% January 1, 2017 Increase In The 2017 Calendar Year, And Allow An Automatic Annual Adjustment Thereafter To All Rates And Fees By An Amount Equal To The Five Previous Full Years' Average Increase In The Anchorage Consumer Price Index CPI For All Urban Consumers. Resolution 2017-077 Amending The Sewer Tariff To Provide For A 2.1 % January 1, 2018 Rate Adjustment Beginning The First Billing Cycle Of The 2018 Calendar Year, Adding A Seasonal Turn- On/Turn-Off Fee, Clarifying That Metered Rates Apply Only To Class D Customers, And Other Minor Housekeeping Changes. Resolution 2018-030 Amending The Sewer Tariff To Provide For 2.1 %Rate Retroactive to Adjustment Beginning January 15, 2018, Adding January 15, 2018 Seasonal Turn-OnlTurn-Off Fee, Clarifying That Metered Rates Apply To All Customers Other Than Non - Commercial Residential, And Other Minor Housekeeping Changes. Chapter 5, Legislative History Notes Page 4 278 2023 Sewer Rate Calculation Rate Increase Calculation 1/15/2022 ERU (Equivalent Residential Unit) $ 69.09 Minimum Charge for Each Metered Service 3/4" - 1" Water Service $ 58.95 1-1/2"-2" Water Service 97.73 2-1/4"-4" Water Service 245.91 Over 4" Water Service 1,229.46 2022 Charge for Consumption Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A, B & C Group $ 8.66 $ 8.66 First 10,000 Gallons Next 40,000 Gallons 6.93 6.93 Next 50,000 Gallons 5.75 5.75 Next 100,000 Gallons 5.18 5.18 All additional gallons 2.56 2.56 2023 Charge for Consumption Avg of 5 previous years Annual Increase -Anch Effective CPI 1/15/2023 0.8% $ 69.67 0.8% $ 59.45 0.8% $ 98.55 0.8% $ 247.98 0.8% $ 1,239.79 0.8% Gallons of Sewage Discharged per Month Charge per 1,000 Gallons Groups A, B & C Group $ 8.74 $ 8.74 First 10,000 Gallons Next 40,000 Gallons $ 6.99 $ 6.99 Next 50,000 Gallons $ 5.80 $ 5.80 Next 100,000 Gallons $ 5.22 $ 5.22 All additional gallons $ 2.58 $ 2.58 Special Rates and Fees Tank Truck Operators- perthousand gallons $ 67.07 0.8% $ 67.63 Recreational Vehicles Individual RV owners utilizing city -owned or approved dump sites No fee Public and private campground operators 1.13 0.8% $ 1.14 (per day per RV, camper or trailer, not including tent campers) Sewer Service Connection Fee 153.80 0.8% $ 155.09 Sewer Service Inspection Fee 129.51 0.8% $ 130.60 Unauthorized Connection or Discharge into City system 1,016.09 0.8% $ 1,024.63 Locate Service First Locate No charge Each Additional Locate 101.59 0.8% $ 102.44 Security Deposit Domestic 50.80 0.8% $ 51.23 (Single Fam. & Duplex) Commercial 152.42 0.8% $ 153.70 Multi -Family 152.42 0.8% $ 153.70 Contractor Work Must be properly licensed and provide $5,000 bond Sewer System Delivery Charge - monthly 51.80 0.8% $ 52.24 Delinquent Account Charges Interest rate (per annum): 10.5% 10.5% Monthly late fee 5.75 0.8% $ 5.80 279 Bureau of Labor Statistics CPI for All Urban Consumers (CPI-U) Website: 12-Month Percent Change https://data.bis.gov/timeseries/CUURS49GSAO&output view=pct_12mths Series Id: CUURS49GSAO US Bureau of Labor Statistics Not Seasonally Adjusted Series Title: All items in Urban Alaska, all urban consumers, not Area: Urban Alaska Item: All items Base Period: 1982-84=100 Years: 2012 to 2022 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2012 2.2 2013 3.1 2014 1.6 2015 0.5 2016 0.4 2017 0.5 2018 2.8 3.0 2019 2.5 2.7 2.5 0.7 -0.3 0.0 1.4 2020 -0.3 -2.5 -3.8 -1.5 0.3 0.3 -1.1 2021 1.3 4.8 6.2 5.7 6.3 7.2 4.9 2022 7.4 7.5 12.4 7.6 5 year average - 2016-2020 0.84 Source: Bureau of Labor Statistics 280 Generated on: November 4, 2022 (09:24:29 AM) Seward Electric System, Decision to Sell Documents: • Agenda Statement • Electric Utility Presentation OBI City Council Agenda Statement Meeting Date: February 27, 2023 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, Electric Utility Director Subject: Seward Electric System, Decision to Sell Background and justification: Beginning in spring 2022, the Seward's City Council began deliberations on the advantages and disadvantages of selling the Electric Utility. In July 2022, the Electric Utility Director provided the public and City Council a presentation on path forward to sell the utility as well as a thorough examination of the benefits to the Seward Community. The three primary reasons to sell the utility were determined to be Rates, Resources, and Reliability. Additional considerations that are central to the decision to sell include the City of Seward's responsibility for maintenance and related costs, reliance upon external funding sources such as grants/bonds to fund major projects and replacing the Electric Department's contribution to the City's General Fund. On August 8, 2022; the Seward City Council approved Resolution 2022-087 Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and For the City of Seward on May 2, 2023. Subsequently, the City Council unanimously passed a motion to direct the city manager to bring a resolution before the council. Resolution 2022-114 was approved on November 14, selecting Homer Electric Association as the preferred Electric utility to purchase Seward Electric. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and encourage future development. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable WYA Affected Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Fund Balance Information Electric Wastewater Water F1 Healthcare Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: Note: amounts are unaudited Finance Director Signature: Attornev Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation RXOther: Discuss Council reasons for moving forward with the Electric Utility Sale 283 Seward Electric System" Assessing Seward's Energy FutureR February 27, 2023 City Council Deliberations o Resolution introduced in May 2022 to assess the advantages and disadvantages of selling the City's electric utility o In July 2022, a presentation was made by the electric utility director highlighting the advantages and disadvantages o Last fall, City Council conducted three executive sessions to assess and discuss a potential sale o Following those sessions, Council decided Seward may have a more secure energy future if served by a larger utility o Council later selected HEA as its preferred power provider should voters approve the sale 285 Focused on Three R ) s o Rate — With only 2,900 meters for bringing in revenue and spreading costs, is it possible for Seward to achieve long- term rate stability? o Resources — Does Seward have the human and financial resources to offer its customers additional programs and services? — With a small customer base for revenues, can Seward ensure long-term system reliability? 286 Rates o Seward's rates today are competitive among the Railbelt utilities. o Seward's rates will be much higher in the not -too -distant future as the utility continues to catch up on neglected infrastructure, right-of-way maintenance, and old technology. o First of these increases over the next decade could be more than 10 percent. o Long-term rate stability is achievable through economies of scale. A larger utility means thousands more meters for spreading costs and increasing revenues. 287 Resources o 10 employees (SES) versus 139 (HEA) o Offers deeper bench. Easier to fill gaps in operations when employees resign or reti re o Greater in-house expertise. (billing, engineering, rate design, cybersecurity, communications, etc.) o More programs and services (equal payment billing, heat pump rebates, low- income assistance, energy efficiency education, etc.) o Expanded inventory of and access to equipment and materials o Increased revenues due to a larger customer base. 288 Reliability o Running an electric utility is expensive and requires regular investments in maintenance and infrastructure o With only 2,900 meters to drive revenues, regular investments are problematic: ➢ Utility continually weighing system investments against the impact to rates o All system investments ultimately go back into rates, and fewer meters means greater impact to customer rates o Current infrastructure project (Nash Road, Seward Highway, and Substations) will result in an annual bond payment of nearly $1.1 M beginning in 2024 289 N y City Council believes the citizens of Seward should make this critical decision based upon what they want and expect from their electric utility. 291 May 2 Is more than a special election. It's an opportunity to create a more secure energy future for Seward. 292 AGENDA STATEMENT Meeting Date: February 27, 2023 From: Kris Peck, Deputy City Clerk Agenda Item: Non -Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: American Legion Post 95 Licensee: American Legion Club 95 Type: Club License: 53 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the renewal of liquor license for American Legion 953 — Club. 293 MEMORANDUM Date: February 6, 2023 RECEIVED To: Naneth Ambrosiani Finance/Leases Steven Zilberg Finance/Public Utilities �E� 2�23 Chief Alan Nickell Police Department Chief Clinton Crites Fire Department OFFICE OF THE CITY CLERK From: Kris Peck, Deputy City Clerk RE: Verifying compliance for the RENEWAL of a liquor license The following business has applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: American Legion Post #5 Licensee: American Legion Club #5 Type of License: Club License Number: 53 Department Status Initials Finance/Leases 0VW g NDU}eA Finance/Utilities Police Chief Fire Chief �� ��� F-_ I � M Deadline for protest: Friday, April 7, 2023 (60 days from receipt of notification) Last regular council meeting for approval: Tuesday, March 28, 2023 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, March 21, 2023 294 THE STATE 'ALASKA GOVERNOR MIKE DUNLEAVY February 6, 2023 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7t" Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 City of Seward Kenai Peninsula Borough Via Email: MJenkins@kpb.us; JVanHoose@kpb.us; Iratky@kpb.us; Clackinsky@kpb.us; MAN ridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; JBlankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us; clerk@cityofseward.net; bballou@cityofseward.net Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Club License 53 Licensee: American Legion Club #5 Doing Business As: American Legion Post #5 We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Joan Wilson, Director amco.localgovernmentonly@alaska.gov 04*10 STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL XXXX ISSUED 02/06/2023 ABC BOARD TYPE OF LICENSE: Club LICENSE FEE: $1,200.00 1110 D/B/A: American Legion Post #5 400 Fifth Avenue Mail Address: American Legion Club Post #5 PO Box 306 Seward, AK 99664 04-900 (REV 10/20/22 LIQUOR LICENSE 53 2023 - 202 4 LICENSE RENEWAL APPLICATION DUE DECEMBER 31, 2024 (AS O4.11.270(b)) TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2025 UNLESS DATED BELOW CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD FORM CONTROL XXXX ISSUED 02/06/2023 ABC BOARD TYPE OF LICENSE: Club LICENSE FEE: $1,200.00 D/B/A: LICENSE NUMBER LIQUOR LICENSE 53 CENSE RENAL APPLICAIN DUE 2023 - 2024 LID CEMBERE31, 024 (AS O4T111..270(b)) TEMPORARY, THIS LICENSE EXPIRES MIDNIGHT American Legion Post #5 400 Fifth Avenue Mailing Address: American Legion Club Post #5 PO Box 306 Seward, AK 99664 FEBRUARY 28, 2025 UNLESS DATED BELOW CITY/BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ I Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD COPY DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900 (REV 5/9/22 296 Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.gov https://www.commerce.alaska.gov/web/`amco Phone: 907,269.0350 Maska Alcohok Seuerage Control Board Form AB-17: 2023/2024 General Renewal Application ® This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2022 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. o Any application for renewal or any fees for renewal that have not been postmarked by 2/28/2023 will be expired per AS O4.11.540,3 AAC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11.270, 3 AAC 304.105 ® Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section 1 - Establishment Contact Information L'ceRsee QGOUMUe -. American Legion Mb Post #5 License#: 153 License Type: Club Doing Sueness As: American Legion post #5 L cal Gobeunlng, Boft� Seward, Kenai Peninsda Borough Cod—flmv unlz�j Council: K your maiHng address has changed, e^yNtte the NEW address Celo r: RA'aulin Cittfy: State: Section 2 - Licensee Contact Information Contact Licensee: The individual listed below must be part of the ownership structure of the licensee listed in Section 1. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. Contact Ucesosee- Michaei B Cahoon Contact Phone: 1907-362-2029 Contact Email: amerleanie J onpost5@gci.net Optional: If you wish for AMCO staff to communicate with anyone other than the Contact licensee (such as legal counsel) about your license, list their information below: Manna ®f Contact: Contact Phone: Contact Email: Section 3 - for Package Stores ONLY: Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in �� calendar years 2022 and/or 2023? [E] OEG o 12022, [Form AB-17] (rev 9/27/2022) 04MA Page 1 of 3 AMCO QWem Alcoholic Beverage Control Board „ Form AB-17: 2023/2024 License Renewal Application Section 4 - Ownership Structure Certification YES NO Did the ownership structure of the licensed business change in 2021/2022? ® a If Yes, and you have NOT notified AMCO, list the updated information on form AB-39: Change of Officers and submit with your renewal application. If No, certify the statement below by initialing the box to the right of the statement. l I certify that the ownership structure of the business who owns this alcohol iicense did not change in any way during the calendar years 202E or 2022. Section 5 - License Operation Check ONEBOX for EACH CALENDAR YEAR that best describes how this liquor license was operated: 2021 2022 1. The license was operated for more than 240 hours throughout each year. (Year-round) 2. The license was only operated during a specified time each year. (Not to exceed 6 months per year) ri If your operation dates have changed, list them below: 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB-30: Proof of Minimum Operation Checklist, and all documentation must be provided with this form. 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. A complete Form AB-29: Waiver of Operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in , you are not required to pay the fees, however a complete AB-29 is required with Section 2 marked "Other" and COVID is listed as the reason. Section 6 - Violations and Convictions YES NO Have Notices of Violation been issued for this license? 11 El Has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance E1 n adopted under AS O4.21.010 in 2021 or 2022? 11 �� 11 If you checked YES, r:;u MUST u: tach a list of all of Violation and/or Convictions per AS 04.11.270(a)(2) If you are unsure if you hm m received any Notices of Violation, contact the office before submitting this form. Section 7 - Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and thatthis application, including all accompanying schedules and statements, are true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS O4.11.260, has a direct or indirect financial interest in the licensed business. I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license, and have provided all required documents for any new or changes of officers. [Form AB-17] (rev 9/27/2022) 298 DEC 0120t,. Page 2 of 3 Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 License Renewal Application • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS 04.21.025 and 3 AAC 304.465. I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. 6 y ` Signature of ' -e'hsee Signature of Notary Public Michael B Calhoon Notary Public in and for the State of (- 'qzz'� Printed name of licensee My commission expires: �1;1`3 Subscribed and sworn to before me this day of 20 >� NOTARY = PUBLIC 22 OF, N\-"*taurant and Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB-36: Recreational Site Statement Tourism applications must include a completed AB-37: Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online: https://www.commerce.alaska.gov/web/amco/AlcoholLicenseApplication.aspx FOR OFFICE USE ONLY License Fee: $1200.00 Application Fee: $ 300.00 1 Misc. Fee: $ Total Fees Due: $1500.00 AMCG [Form AB-17l (rev 9/27/2022) DEC 0 12022, Page 3 of 3 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/search/entities ENTITY DETAILS Name(s) Type Name Legal Name AMERICAN LEGION POST #5, THE AMERICAN LEGION, DEPARTMENT OF ALASKA, INCORPORATED Entity Type: Nonprofit Corporation Entity #: 88714D Status: Good Standing AK Formed Date: 9/22/2004 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 7/2/2024 Entity Mailing Address: PO BOX 306, SEWARD, AK 99664 Entity Physical Address: 402 FIFTH AVE, SEWARD, AK 99664 Registered Agent Agent Name: Michael Calhoon Registered Mailing Address: PO BOX 2089, SEWARD, AK 99664 Registered Physical Address: 611 4TH AVE, SEWARD, AK 99664 Officials 'Show Former AK Entity # Name Titles Owned CLARE SULLIVAN President Daniel Oliver Director John Moline Director Melody Moline Treasurer MICHAEL CALHOON Secretary ROBERT DUNNO Vice President William Hanrahan Director Filed Documents Date Filed Type Filing Certificate 9/22/2004 Creation Filing Click to View 6/23/2006 Biennial Report Click to View 1/31/2009 Biennial Report Click to View 10/25/2010 Biennial Report Click to View 300 of 2 2/6/2023, 9:13 AM Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/search/entities Date Filed 7/03/2012 7/03/2012 10/01 /2014 10/01 /2014 6/05/2016 6/07/2018 5/13/2020 4/22/2022 Type Biennial Report Agent Change Biennial Report Agent Change Biennial Report Biennial Report Biennial Report Biennial Report Close Details Filing Click to View Click to View Click to View Click to View Click to View Click to View Click to View Click to View wl Print Friendly Version Certificate 301 >_ of 2 2/6/2023, 9:13 AM Maska ®epartkmant ,c � Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that AMERICAN LEGION POST #5 PO BOX 306, SEWARD, AK 99664 owned by AMERICAN LEGION POST #5, THE AMERICAN LEGION, DEPARTMENT OF ALASKA, INCORPORATED is licensed by the department to conduct business for the period October 3, 2022 to December 31, 2024 for the following line(s) of business: 81 - Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner 302 Alaska Business License # 531 Division of Corporations, Business and Professional Licensing License Detail LICENSE DETAILS Owners https://www.commerce.alaska.gov/cbp/businesslicense/search/License License #: 531 Business Name: AMERICAN LEGION POST #5 Status: Active Issue Date: 12/21/1990 Expiration Date: 12/31/2024 Mailing Address: PO BOX 306 SEWARD, AK 99664 Physical Address: 402 Fifth Ave Seward, AK 99664 AMERICAN LEGION POST #5, THE AMERICAN LEGION, DEPARTMENT OF ALASKA, INCORPORATED Print Business License Activities Line of Business NAICS Professional License # 81 - Other Services (except Public Administration) 813410 - CIVIC AND SOCIAL ORGANIZATIONS Endorsements End # Issue Renew Expiration Action End Action Note Address 1 10/8/2012 12/31/2014 402 FIFTH AVENUE, SEWARD, AK 99664 License Lapse(s) If this business license lapsed within the last four years the lapsed periods will appear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. No Lapses on record for the last 4 years. Close License Detail Print Friendly Version 303 of 1 2/6/2023, 9:12 AM 2/14/2023 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Ballou, Michele Turner, CIVIC Acting Borough Clerk AMERICAN LEGION #5 - SEWARD American Legion Post #5 Club 400 Fifth Avenue, Seward, AK 99664, City of Seward 53 License Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, - I ((LA Michele Turner, CMC Acting Borough Clerk cc: americanlegionpost5@gci.net; MT/jr mailto:amco.localgovernmentonly@alaska.gov 011E Agenda Statement Meeting Date: February 27, 2023 From: Brenda Ballou, City Clerk Agenda Item: Consider Lifting the Moratorium on Records Destruction History: On January 11, 2021, immediately following council's direction to the city manager to issue a Request for Proposals for a three-tier forensic audit of the city's utility billing, council passed a motion to "Direct the city clerk's office to delay the scheduled destruction of all public records until directed by city council to resume." It was appropriate for council to place a moratorium on records destruction at that time, given the circumstances. The state recommendation in the administrative code (2 AAC 96) is that no destruction occur when there is an audit or investigation. Consideration: The question being posed is whether the time has come to lift the moratorium or if the moratorium needs to continue. Recommendation: If council concurs that the reason for the moratorium no longer exists, then council may motion to lift the moratorium. If council believes the moratorium should continue, then council may state that the moratorium will continue and the original council action from January 11, 2021 will remain in effect; no further action is necessary at this time. C'iri raj ,5'Cii urd, . f /,iska hinvari 11, _'0- City Council . fecting Minutes Vr,l enw 41, Page 352 Council chose to use SparkHire for the initial round of candidate interviews. Mayor appoint two Council Members to the Tabulation Team for the city clerk evaluation (to be held on February 8, 2021). Council postponed this item to January 25, 2021. Council scheduled a work session on JanuarG 25, 2021 at 5:30 p.m. to review and discuss the evaluation forms used for tltc city mana-er, city clerk, and city attorney. Discuss directing the city manager to issue a Request for Proposals to conduct a forensic audit on the electric, water, and sewer utilities. Motion (DeMoss/Casagranda) Direct the city manager to issue a Request for Proposals (RFP) for a 3-tier forensic audit of the City of Seward's finance department and electric enterprise to include, but not limited to, water, sewer and electric utility billing. Teri-N %\�ondered how this motion differed froin the reconirncztdation included in the agenda statement. DcNloss Said this would be comprehensive to include the finance department; although specific to utility billing, DeMoss wanted to leave room for discovery and the flexibility to address otlicr concerns. Baclaan asked if it w-as just the billing that would be audited, or the entire finance department. In response, DcMoss said it would be the department. The motion was withdrawn with no objection from council. Motion (CasagrandalDeNloss) Direct the city manager to issue a Request for Proposals (RFP) for a 3-tier forensic audit of the city's water, sewer, and electric utility billing to include, but not limited to tariffs, transmission line loss, policy for the placement of demand meters and the allocation of E RUs, to ensure all rate payers with a demand meter are being billed properly, and that all rate payers are being billed fairly and equitably for the years of 2018-2020, 3 years total. Dsenga wandered hoN�F the c1ty would pay for this, if the decision was made to move forward with it once the proposals wcrc received, especially since there had just been so III uCIA consternation about passing the wage study due to finances. MD] City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page 353 DeMoss said she knew first hand that there had been problems, and she wanted them addressed before the citv's new finance director and city manager started. In response to Osenga, DeMoss said she had just received a refund from the city for S6,800 due to being o% ercharged on her commercial account, and C'asagranda said she had recovered $2,900 for one of tier- clients. Terry said she was interested in havi rig correct data behind the results of the rate studies, so that if rates had to be raised, the city would know they were justified. Motion Passed Motion (CasagrandalBaclaan) Motion Passed. Yes: DeMoss, Baclaan, McClure, Casagranda, Seese, Terry No: Osenga Direct the city clerk's office to delay the scheduled destruction of all public records until directed by city council to resume. Unanimous Discuss providing input to GCI regarding the viability of continuing the Channel 9 local broadcasting program. Mayor Terry passed the gavel to Vice Mayor- Baclaan and stated she had a potential conflict of interest because her husband worked for GC:1, but neither she nor her husband would benefit or be harmed by whatever decision council or GCI made in this case. Vice Mayor Baclaan ruled that a conflict did not exist and returned the gavel. There was no objection from council. Seese said there were a lot ol'cit r..cns who relied on watching the meetings broadcast on the local station. McClure recalled that when the audio went out on GCl recently. she had received many phone calls from her constituents complaining that there was no sound. Council directed the city clerk to send a letter to GCI requesting that the local broadcasting be maintained. I -to 911196 l►l _I 11W 4" A 111 Dlu_[.� . 01119 DI 04' P City Clerk's Annual Report on 2020 Public Records Requests CITIZEN COMMENTS Karen Corrigan thanked council for passing Resolution 2021-004; she was concerned, however, about the comments made regarding potential layoffs. If the general fund needed more reveii Lie. slie requested that the mill rate be raised and not sales tax. Lynda Paquette thanked council for their work tonight. Regarding. the. December 14, 2020 packet. slic Gva upset that the Department of Environmental Conservation (L)1:C) had shared her email with city administration because she felt the email was subsequently used to publicly shame ON AGENDA STATEMENT Meeting Date: February 27, 2023 From: Brenda Ballou, City Clerk Agenda Item: Guidelines for Filling P&Z Vacancies BACKGROUND & JUSTIFICATION Members of the Planning & Zoning Commission are appointed by City Council and serve a three year term. On a pro rata basis, the terms for commissioners rotate and expire at the end of February each year. This year, there are two commissioners whose terms expire: Vanesa Verhey and Victoria Monaco. On January 4, 2023, the city clerk mailed each of the commissioners a letter notifying the commissioners that their terms would be expiring, and inviting them to submit a new application (and financial disclosure statement) if they wished to continue serving. In addition, on January 9, 2023, the city clerk posted a public notice for the vacancies and set a deadline for applications on Friday, February 17, 2023 at 5:00 p.m. The notice stated that all completed applications received would be brought to council for consideration at the February 27, 2023 council meeting. Each of the applicants was invited to attend the city council meeting and speak during the first Citizen Comment period to share their thoughts and interests, and perhaps explain their desire to continue serving on P&Z. APPLICANTS By the deadline on February 17, 2023, the city clerk had received two applications for the two vacancies from the following: Victoria Monaco and Vanessa Verhey. The applications are included in tonight's packet, and the financial disclosure forms are on file with the city clerk. PROCEDURE FOR VOTING & APPOINTING Seward City Code 2.30.210 (a): There is created the Seward Planning and Zoning Commission, consisting ofseven citizens, all ofwhom shall reside in the city and who shall be appointed by the council. If there is more than one applicant, for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be an appointed member of the commission. 308 ►�I:VVIM STREE CITY OF SEWARD, ALASKA ©FF)CE c)F -FOF APPLICATION FOR THE CITY CLERK SEWARD PLANNING AND ZONING COMMISSION Ulc6a= Nw&,u T ADDRESS: IW1 t�> &A —&— MAILING ADDRESS: U &Y I I t b 36-7 - ^� G HOME TELEPHONE: ] (pI �{ I a S BUSINESS PHONE: E-MAIL ADDRESS: HOW LONG IN THE CITY LIMITS OF SEWARD: ! On-�n'5 PRESENTLY EMPLOYED AT:1 Si &a ,,rr fYfpm �' )COMtr w i ` t 1 am`5 List any special training, education or background you have which may help you as a 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 Zoniipg Commission because: Have you ever served on a similar commission elsewhere? Yes o No If so, where? And when? Are you available for meetings Tuesday evenings? /LA S If appointed, are you willing to travel: Often ✓ Occasionally Rarely Never "�'l c;66 G. gw4&� 1 gnature �- H a3 Date 309 (11 Y OU SEWARD, AVA,SkA tiH:1VARD PLANNING AND ZONING (I)MMISSION NAME': STREET ADDRESS: A V w.��(�������� 11 1\tAILING ADDRESS: I d�-___-1�_�L� �--:A HOME TELEPHONE:G 01 1 310�1. BUSINESS PHONE: E-MAIL ADDRESS: Ve-JVleJ-A (cJ \Abk &-AJ , C 6Y1171 HON LONG IN THE CITY LIMITS OF SEWARD:t- PRESENTLY EMPLOYED AT:—:T�.Q eOp K& �C LA Ili List any special training, education or background you have which may help you as a member of the Commission.T, larixin �n o,y\ A c 'nyyLY1/VISe`►f-YLGf', L -vr r Have you ever developed real property, other than your own personal residence? If so, briefly describe the development: I am specifically interested in serving gon the Planning and Zoning Commission because - a" U e / O-W 8-L M 1.1 tll d a A 7 A .- 'I i -'< < n .- A Have you ever served on a similar commission elsewhere? Yes o oNo If so, where? And when? Are you available for meetings Tuesday evenings? �A es If appointed, are you willing to travel: A Ot}en Occasionally Rarely Never Signature Date City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes December 7, 2022 Volume 4, Page 93 CALL TO ORDER The December 7, 2022 regular meeting of the Port and Commerce Advisory Board was called to order at 12:00 p.m. by Chair Brandii O'Reagan. OPENING CEREMONY Chair Brandii O'Reagan led the Pledge of Allegiance to the flag. ROLL CALL There were present: Brandii O'Reagan, presiding; and Lynda Paquette Besse Carl Hughes (arrived at 12: 08 p.m.) Fred Woelkers Dwayne Atwood comprising a quorum of the Board; and Stephen Sowell, Assistant City Manager Norm Regis, Harbormaster Courtney Bringhurst, City Planner (clerk of the meeting) Excused — Jaffa Absent — Smith CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Paquette/Woelkers) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the November 2, 2022 PACAB Regular Meeting Minutes. Approval of the November 16, 2022 PACAB Special Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None MIS City of Seward, Alaska Port and Commerce Ailrisory Board Meeting Minutes December 7, 2022 Folutne 4, Page 94 Administration Report. Assistant City Manager Stephen Sowell clarified that past comments he had made regarding Vice Chair Paquette were meant as appreciation and support. Sowell reiterated that he appreciated Vice Chair Paquette and all the board members for their work. Paquette thanked Sowell for clarifying that issue. Harbormaster Norm Regis said the harbormaster's office was busy training three newly hired employees at the same time. All three new hires would need to obtain a Commercial Driver's License (CDL) which would cost around $6,000 each. Regis was still waiting for a letter from the US Coast Guard (USCG) in regard to purchasing land at the Seward Marine Industrial Center (SMIC). Hughes arrived at 12: 08 p.m. Woelkers mentioned the City of Homer was in the process of becoming a designated Coast Guard City. There were only five other communities in Alaska with such a distinction. Woelkers wanted to know how the City of Seward could apply for that status in the future. Regis responded he would look into the criteria to receive such a distinction. Atwood asked if the city helped new employees obtain their CDL. Regis clarified that the city would pay for the CDL since it was a city requirement. In order to save money, it was possible the Public Works Director could train individuals to obtain their CDL. Paquette asked if the employees who obtained their CDL had an obligation to stay with the city for a certain amount of time or else pay back the cost of training. Regis said he had looked into that issue and there was nothing in the city code that would require that commitment from an employee. Paquette felt the city should consider adding that requirement in code. Other Reports and Announcements Alaska Railroad Report. Port Operations Manager Dwayne Atwood said a bulk cargo ship would deliver bags of fracking sand to the Seward port. Many freight trains would be lined up to transport the shipment to Anchorage. The 2023 cruise ship schedule was not yet finalized, but currently there were 92 cruise ships scheduled to arrive in Seward. Last weekend, the Alaska Railroad terminal hosted the Holiday Craft Fair. Seward representatives from the Alaska Railroad, Chamber of Commerce, AVTEC, and the Harbor department all attended the Pacific Marine Expo in Seattle. Presentations — None NEW BUSINESS Other New Business Items Formulate the 2023 PACAB Meeting Topics. QW, City of Seward, Alaska Port and Commerce Advisory Board Meeting Minutes December 7, 2022 Volume 4, Page 95 O'Reagan noted the calendar included in the packet only contained regular meetings and did not include the work sessions. O'Reagan read PACAB's goals and priorities that were approved by the city council. She pointed out that five of those priorities required specific dates for when they would be discussed. Sowell clarified that city council's next meeting would be approving the 2023-2024 budget, so PACAB would not need to have any budget conversations until the 2025-2026 budget discussion. However, Capital Improvement Plan (CIP) discussions happened annually. Paquette asked if it would be better to discuss CIP in May or September. Sowell responded that November would provide adequate time to discuss CIP. O'Reagan stated that the board typically held one regular meeting every month and one work session every month. She suggested the board not schedule the work session topics until closer to the date of the work session. Paquette expressed her support to replace the work sessions with another regular meeting for a total of two meetings per month. If there was something that needed to be heavily discussed they could operate as a committee as a whole. Regis suggested that PACAB could change the work sessions to special meetings on an individual basis at the previous regular meeting. O'Reagan asked the board if they wanted to schedule all their work sessions in their entirety as special meetings or if the board would rather schedule special meetings only as needed. Hughes responded that the board should schedule special meetings as needed. Regis reiterated that the board could leave all their work sessions scheduled and the change them as needed to special meetings. O'Reagan summarized the discussion for regular meeting dates and topics for 2023: January 4, 2023 - Harbor Tariff February 1, 2023 - Chamber of Commerce March 1, 2023 - SMIC Development Plan April 5, 2023 - Community Utility Infrastructure May 3, 2023 - Legislative Priorities September 6, 2023 - Vessel property tax and PACAB attendance at AML conference October 4, 2023 - Harbor plan November 1, 2023- Capital Improvement Plan December 6, 2023 - Fisheries update O'Reagan stated the 2023 work sessions dates would be announced at the next PACAB meeting. The board would also assign topics for the work sessions at that meeting. Paquette asked when PACAB could expect feedback from the Heat Loop Ad Hoc Committee. O'Reagan replied that would fall under the topic of community utility infrastructure. 1411K3 City of Seward, Ala.�ka Port and Commerce Advisory Board Meeting .Minutes Dc, emher- ?, 2022 101ume 4, Page 96 O'Reagan also clarified that the Ad Hoc Committee could request a special meeting with PACAB . or attend any regular meeting to provide updates on their progress. INFORMATIONAL ITEMS AND REPORTS —None CITIZEN COMMENTS — None BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Woelkers advised everyone to be safe in this winter weather. Hughes said he was glad to be back, however he would be leaving again soon. Paquette said she was looking forward to the next meeting where they could schedule the rest of their topics. She thanked everyone for coming. Atwood thanked staff and board members for attending. He felt it had been a very productive meeting. Sowell remarked that it had been a productive half an hour. Regis said that the city had received boxes to cover the life rings in the harbor, but they didn't fit correctly. The city was working with the company to get replacements. O'Reagan said that it was great to be back, however she would not be able to attend the next PACAB work session. She thanked all those who traveled to the Marine Expo in Seattle. She felt that Seward did a great job of showcasing all the commercial, tourism, and recreational possibilities the waterfront had to offer. ADJOURNMENT The meeting was adjourned at 12:38 p.m. 4��9-2 Paj,�� Courtney Bringhurst r dii O'Reagan City Planner (Clerk of the Meetin is SL' Chair / 111 (City Seal) �••�� Po4r,�!' 's _ � \, •, •may MiiEl! 1 1 City of Seward, Alaska Historic Preservation Commission ,Meeting .Minutes November 10, 2022 Volume 3, Page 358 CALL TO ORDER The November 10, 2022 regular meeting of the Historic Preservation Commission was called to order at 7:00 p.m. by Chair Tanguy Libbrecht. OPENING CEREMONY Mary Ann Benoit led the Pledge of Allegiance to the flag. ROLL CALL There were present: Tanguy Libbrecht presiding and Sue Ward Mary Ann Benoit Dona Walker Art LeMaster comprising a quorum of the Commission; and Bailey Sayler, Library Museum Director Kris Peck, Deputy City Clerk Excused — None Absent — None Vacant — Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cheryl Seese, inside city limits, spoke of a recent Historic Preservation award she had received, as well as the timeframe to decline a nomination for such an award. She thanked everyone on the commission for their service to the community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Libbrecht/Ward) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: Approval of the October 13, 2022 Historic Preservation Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS 41N Citv of Seward, Alaska Historic Preservation Commission Meeting Minutes Norcmher 10, 2022 Volume 3, PaQe 359 Proclamations & Awards — None Chair Report Libbrecht thanked Ward for her work on the 2023 Historic Preservation Meeting schedule. Other Reports and Announcements Report on Historic Preservation Facebook Page. Benoit reported their most recent Facebook posts focused on the St. Peter's Episcopal Church and heritage tourism. Report on Certified Local Government (CLG) Grant 20005. Benoit said that a digital version of the walking tour map was available by scanning a widow decal QR code with a smart phone. There was currently one window decal located at the Chamber of Commerce. The Seward Community Library & Museum would have their window decal posted within the next few days. The availability of the digital walking tour map would reduce the overall usage of the printed maps. Report on USS Alaska LeMaster provided a laydown on the USS Alaska Submarine memorial concept. Navy veterans of the submarine had expressed interest in a memorial plaza located in Seward. LeMaster intended to keep Historic Preservation in the loop on any future ideas for the project. LeMaster noted the submarine was still in active service and it could be 15-20 years before decommissioned sections of the submarine would become available. The conning tower of the submarine was the most ideal piece and would require a 60 x 60 square foot space to be displayed. Libbrecht responded that it seemed reasonable for Historic Preservation to keep the project on their radar. Library Museum Director Bailey Sayler added that she was also working with the veterans of the USS Alaska to feature a small-scale model of the submarine inside the Seward Community Library. Presentations — None NEW BUSINESS Other New Business Items Possible proposal for helping write a grant for St. Peter's Episcopal Church till City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume 3, Page 360 Libbrecht said he would be happy to assist St. Peter's Episcopal Church in applying for any available grants to maintain the building. He felt St. Peter's Church was an important historic building to the Seward community. LeMaster said he had talked with the church wardens and planned to get together to discuss applying for grants. He would volunteer his time separate from Historic Preservation and said he would keep the commission in the loop with updates. 2023 Historic Preservation Commission Priorities & Meeting Schedule Motion (Ward/Benoit) Approve of 2023 Historic Preservation Commission Priorities & Meeting Schedule Libbrecht said the Historic Preservation Commission wanted to have four meetings a year with each meeting preceded by a work session. The meetings would be held on the second Thursday in January, April, August, and November. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Cheryl Seese, inside city limits, said the nationwide Episcopal Church organization had a lot of funds for repairing historic churches and she would look into it as a citizen. She suggested the USS Alaska Memorial be incorporated into the existing Mariner's Memorial on the South Harbor Uplands. Seese would also like to see a Jesse Lee Home Memorial that told the full story of the building and its inhabitants. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Benoit appreciated the citizen comments and thanked to the new chair and vice chair for the meeting. Libbrecht also appreciated the citizen comments. He hoped the commission could fill the two vacant seats and also keep the workload reasonable. Ward said she would work with Bailey Sayler to clean up the 2023 Historic Preservation schedule and correct some minor errors and typos. ADJOURNMENT The meeting was adjourned at 7:41 p.m. k�r� City of Seward, Alaska November 10, 2022 Historic Pr):seath Kris Peck Tanguy Libbrecht Deputy City Clerk Chair Seal) .6A't� (City SEAL ,,,�Fd 07 361 fl u KBE: March 2023 March 2023 April SuMo TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 3 4 1 5 6 7 8 91011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 26 27 28 Mar 1 2 3 4 5 6 7 9 10 11 7:OOpm P&Z (12:00pm PACAB Meetin 12 3 14 15 16 17 18 30pm CC Spc Mtg - Pub Wx Facility (7:00pm CC Mtg (Council 19 20 21 22 23 24 25 6:OOpm P&Z 12:OOpm PACAB Work Session WS (Council 26 27 28 29 30 31 Apr 1 Holiday - 7:OOpm CC Mtg ..ha.. Council Calendar 1 2/22/2023 2:08 PM 319 April 2023 May 2023 April 2023 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 26 27 28 29 30 31 Apr 1 2 3 4 5 6 7 8 7:OOpm P&Z 12:OOpm PACAB Meeting Mtg 9 10 11 12 13 14 15 7:OOpm CC Mtg 6:OOpm HPC (Council Work Session Chambers) 7:OOpm HPC Regular Meeting (Council Chamber) 16 17 18 19 20 21 22 6:OOpm P&Z PACAB WS Work Session (Council Chambers) 23 24 25 26 27 28 29 7:OOpm CC Mtg (Chambers) 30 May 1 2 3 4 5 6 Council Calendar 2 2/22/2023 2:08 PM 320 23 SuMo TuWFr Sa SuMo TuWTh Fr Sa May 2023 May a Th June e Th 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 910 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 Apr 30 May 1 2 Special Municipal 3 12:OOpm PACAB 4 5 6 7:OOpm P&Z 7 8 7:OOpm CC Mtg (Council 9 10 11 12 13 14 15 16 17 18 19 20 6:OOpm P&Z Work Session n (Council 12:OOpm PACAB WS 21 23 24 25 26 27 (7:00pmCC Mtg C.ha... 28 29 Holiday y... 30 31 Jun 1 2 3 Council Calendar 3 2/22/2023 2:08 PM 321