Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04102023 City Council Packet
Seward City Council Agenda Packet�) q. i� I( r e @ 4 f v b Photo by Kris Peck MondayApril 10 2023 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA r� City Council Chambers,410 Adams Street k Please silence all cell phones during the meeting Mayor Sue McClure Council Member Randy Wells City Manager Janette Bower Vice Mayor John Osenga Council Member Kevin Finch City Clerk Brenda Ballou Council Member Liz DeMoss Council Member Robert Barnwell City Attorney Brooks Chandler Council Member Mike Calhoon Monday,April 10,2023 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member 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 1. Proclamation Public Safety Telecommunications (Dispatchers) Week April 9-15, 2023........PgA B. City Manager Report ...............................................................................................................Pg.5 C. City Clerk Report D. City Attorney Report..............................................................................................................Pg.93 E. Other Reports and Announcements F. Presentations 1. Jen Chauvet- Invasive Chokecherry Tree Removal................................................................Pg.95 2 Cliff " anal a„s:ness Development Ceate]Rescheduled to April 24, 2023 meeting 1 7. CONSENT AGENDA A. Minutes of Preceding Meeting —None B. Introduction of Ordinances —None C. Resolutions *1. Resolution 2023-041, Authorizing the City Manager to execute Task Order No. 2734.32 with R&M Consultants for the Surveying and Staking of the Jesse Lee Home Property in the amount not to exceed $18,977 and Appropriating Funds.................................................................Pg.114 *2. Resolution 2023-042, Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.33, Providing for Recurring Basic Engineering Services, and Appropriating Funds.Pg.121 *3. Resolution 2023-043,Requesting the State of Alaska Legislators Make a Meaningful Increase to the Base Student Allocation (BSA) For Public Schools......................................................Pg.130 *4. Resolution 2023-044, Approving the Acceptance of the 2023 Volunteer Fire Assistance Grant (VFA) In the Amount of$4,229.32 and Authorizing and Appropriating a 10% Match of Funds inthe amount of$469.93......................................................................................................Pg.138 D. Action Memoranda—None E. Other Items *1. Approve the Appointment of Election Board for the Special Municipal Election on May 2, 2023. *2. Approve the Appointment of the Canvass Board for the Special Municipal Election on May 2, 2023..................................................................................................................Pages 158 and 159 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 2023-007,Adopting Seward City Code Chapter 5.60 To Establish A Trust Fund From The Sale Of Seward Electric Services. This ordinance was introduced on March 28, 2023 and is coming tonight for public hearing and enactment. ..............................................................Pg.160 2. Ordinance 2023-008, Repealing And Re-Enacting Seward City Code Title 7 — Public Property For The City Of Seward Recodification Project. This ordinance was introduced on March 28, 2023 and is coming tonight for public hearing and enactment. ..........................................Pg.173 3. Ordinance 2023-009, Amending Seward City Code 15.25 Floodplain Management, Adopting Recommended Language And Regulations From The Federal Emergency Management Agency (FEMA). This ordinance was introduced on March 28, 2023 and is coming tonight for public hearing and enactment. ........................................................................................................Pg.222 B. Resolutions Requiring Public Hearing 1. Resolution 2023-040, Approving A Conditional Consent To Terminate Lease Between The City Of Seward And Juris Mindenbergs For Lease Of Lot 3B, Block 1, Marina Subdivision And 2 Approving A Lease Between The City Of Seward And ZPA, LLC Of Lot 3B, Block 1, Marina Subdivision [Breeze Inn]. ...................................................................................................Pg. 251 9. UNFINISHED BUSINESS A. Items for Reconsideration 1. Ordinance 2023-006, Amending Seward City Code Title 2, Article 2 — Seward Planning And Zoning Commission. This ordinance had a public hearing and was enacted on March 28, 2023. A request for reconsideration was filed by Council Member Calhoon on March 29, 2023.Pg.293 10. NEW BUSINESS A. Resolutions —None B. Action Memoranda—None C. Other New Business 1. City Council Discussion and Direction Concerning Appointment of Interim City Manager 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes 1. Planning& Zoning Commission—None 2. Port& Commerce Advisory Board—None 3. Historic Preservation Commission— None. B. Other Items 1. City Clerk's Memo Regarding Unanticipated Expense for the May 2, 2023 Special Election for BallotProgramming............................................................................................................Pg.303 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. Subjects that tend to prejudice the reputation and character of any person (SCC2 2.10.033 E.2)— Interim City Manager 15.ADJOURNMENT 3 PROCLAMATION WHEREAS, the week of April 9 to 15, 2023 is recognized nationally as Public Safety Telecommunications Week; and WHEREAS, Seward Police Department dispatchers work 7 days a week, 24 hours a day to help keep the community safe and protected; and "Al WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Seward emergency communications center; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Telecommunicators of the Seward Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients. NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska do hereby express my sincere appreciation in honor of the men and women of the Seward Police Department Dispatch Division whose diligence and professionalism keep our city and citizens safe. Dated this loth day of April, 2023 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor 4 r City of Seward City Manager's Report - W�" April 10, 2023 Mayor McClure and Council Members, HEA Sale—APOC Reporting On August 8, 2022, the city council adopted Resolution 2022-088: Amending the 2022 City of Seward Budget to Appropriate Funds in the Amount of $25,000 to Influence the Outcome of Election Concerning the Ballot Proposition 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. Adoption of the resolution and the appropriation of funds allows the city to disseminate information about the time and place of the election and to provide the public with nonpartisan information about the ballot proposition. In addition, the city is permitted to disseminate information about the electric utility and needed infrastructure, the cost of operating the electric utility, public meetings, and other activities to provide information to voters. The city may influence the election. The final report concerning the expenditure will be in an upcoming council packet, when it is available. Confluence Strategies The Confluence Strategies weekly status report is attached. Purchase Orders As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting. Department Date Vendor Description Amount SN-1 C SH DL=T 3/22j2023 KENDRICK EQUIPMENT LTD Durchase re rope for 330 ton TraveIift. Cable made in USA and meets safefv standards for 21.819.92 ELECTR C ADMIN 3122j2023 ALASKA WEST EX DRESS. \C. :re Eht charges for 121kV 1200 Amp 40kA S=-6 Gas Breaker& nta S=6 Load•,:!!m n ma initial 45.002.00 ELECTR C ADMIN 3/24j2023 DOTELCOM SU»LY INC S ng e and Three Dhase Junction Boxes 15.120.00 DARK NG 3/28j2023 T2 SYSTEMS CANADA INC Recurr ng Monthly Service=ees Day Stations for Dark nE ots and 2 Campgrounds 6.100.00 SE':'dER 3/31j2023 ALAS<A GARDEN AND DET ':'das.e•,:water Operating Supplies-Ca c um Nitrate 20.516.52 Thank you, j*7.— Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Work continues on the preliminary design and engineer's estimate. Doug and I met with Chugachmiut's leadership, engineering, and project management group as a follow up to our meeting with the Department of Transportation. We continue to coordinate with them on our project as well as their project to construct a new clinic. Our goal is to enhance access to the entire area and improve the traffic flow for all stakeholders. We are continuing to work on facility design, layout, and features. ➢ Public Safety Needs Assessment: Thank you again to City Council for approving the task order to move this project forward. We held a project kick off meeting on April 6th to begin working on the project. Attendees included Taryn Oleson- Yelle with R&M, myself, Chief Crites, Chief Nickell, and Community Development Director Bickling. ➢ Port Avenue Project. We are working to obtain quotes from the various vendors for the benches, planters, and other elements and plan to bring Council a resolution later this spring to obtain project approval. The goal is to improve the flow of pedestrian traffic along Port Avenue, and throughout the route of the free shuttle service. ➢ There have been questions regarding the Lowell Creek Hydro Project recently. Attached is a copy of the 2019 Project Outline which was created by Andy Baker with Your Clean Energy. 6 CONCEPT DESIGN AND ECONOMIC EVALUATION OF LOWELL CREEK HYDRO PROJECT TO PROVIDE CLEAN GRID ELECTRICITY FOR CITY OF SEWARD, ALASKA I L.. f F�u J r � I n , FINAL REPORT COMPLETED JULY 22, 2019 BY ANDY BAKER, PE "Celebrate the power of nature"TM ... with YourCleanEnergy LLc ■ 308 G Street#215,Anchorage ,W 99501 907-350-2084 www.yourcleanenergy.us TABLE OF CONTENTS SCOPE OF CONCEPT DESIGN AND ECONOMIC EVALUATION.......................................................................................................3 LIMITATION IN SCOPE OF THIS CONCEPT DESIGN AND ECONOMIC EVALUATION EFFORT.....................................................3 SUMMARY AND CONCLUSIONS........................................................................................................................................................4 INTRODUCTION...................................................................................................................................................................................6 ANTICIPATED BENEFITS TO THE CITY FROM LOWELL CREEK HYDRO PROJECT......................................................................6 COST OF POWER FOR CITY OF SEWARD-2019.............................................................................................................................7 EXISTING HYDRO-ELECTRIC FACILITIES.........................................................................................................................................7 HYDROLOGY.......................................................................................................................................................................................8 PROJECTED FLOWS BASED ON EXISTING DATA...........................................................................................................................8 PROJECTED FLOWS BASED ON EXISTING DATA(CONT'D)..........................................................................................................9 RUN OF RIVER COANDA STYLE INTAKE WITH BURIED INFILTRATION GALLERY.....................................................................10 RUN OF RIVER COANDA STYLE INTAKE WITH BURIED INFILTRATION GALLERY(CONT'D)....................................................11 PENSTOCK MATERIAL SELECTION................................................................................................................................................12 HYDRO-ELECTRIC ENERGY PRODUCTION....................................................................................................................................12 ESTIMATED HYDRO-ELECTRIC ENERGY BASED ON PROJECTED STREAM FLOWS................................................................13 HYDRO-ELECTRIC TURBINE EQUIPMENT SELECTION.................................................................................................................14 TURBINE HOUSE CONCEPT DESIGN..............................................................................................................................................15 TURBINE HOUSE CONCEPT DESIGN(CONT'D)..............................................................................................................................16 TURBINE HOUSE CONCEPT DESIGN(CONT'D)..............................................................................................................................17 EVALUATING HYDRO PROJECT COSTS VS BENEFITS.................................................................................................................18 OPINION OF PROBABLE CAPITAL COSTS—PROPOSED HYDRO-ELECTRIC PROJECT-2019.................................................18 OPINION OF PROBABLE PROJECT COST—PROPOSED HYDRO-ELECTRIC PROJECT-2019..................................................19 ESTIMATION OF PROBABLE ANNUAL COSTS—HYDRO-ELECTRIC FACILITY-2019................................................................20 OPERATIONS.....................................................................................................................................................................................20 WATERRIGHTS.................................................................................................................................................................................21 RECOMMENDED SCOPE OF HYDROLOGIC STUDY TO MOVE PROJECT FORWARD.................................................................21 ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«C 1�2 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 3 OF 22 SCOPE OF CONCEPT DESIGN AND ECONOMIC EVALUATION 1. Development of concept designs to support the installation of a run of river small hydro-electric project with intake at elevation @460 ft along Lowell Creek; and pelton wheel turbine near sea level to generate grid power in Seward,Alaska.The concept design and associated economic evaluation will be based on addressing the following: 2. How to safely divert year-round stream flow into a settling / de-sander tank at elevation 460 ft without bringing in the bed load sediment during flood events. The solution may be in part the installation of infiltration gallery french drain piping that collects flow from under the stream bed, similar to what Alaska SeaLife Center does for water collection at the base of Bear Mountain along Lowell Point Road. A self-cleaning coanda style screen in the stream channel may also be part of the intake solution. A de-sander settling tank could catch most of the fines that make it through, and keep the erosion of stainless steel pelton wheel buckets to a minimum. There will be a need to weld re-build the buckets periodically and spare pelton wheels must be available for installation as part of ongoing maintenance. 3. How to route the buried penstock (range of 36 to 48 inch diameter)from the base of Lowell Creek Canyon to a generator station location at shoreline that makes good sense. The penstock could be routed straight down Jefferson Street and be sited in the Waterfront Park campground area (creates a conflict of land use and continuous noise issue); or the penstock could gradually bend 90 degrees to the south to a generator plant adjacent to Alaska SeaLife Center(may require some tunneling but probably a more suitable location to generate power). 4. How to integrate the small hydro generation into the City of Seward electric grid in a simple and cost effective manner; how to design a hydro generation system that will impart the lowest O&M cost and highest reliability, stability, and safety to the City. Address the benefits and liabilities of operating the hydro when the City is isolated from Chugach Electric Association (CEA)transmission and is operating diesel generators. Address the benefits and liabilities of shutting down the hydro plant when the stream reaches pre-flood and flood stages; and re-starting the hydro plant once the flooding subsides. 5. Based on the concept design above, update the Economic Evaluation first developed by YourCleanEnergy (YCE) in 2007 to determine a Opinion of Probable Capital Cost of the project; opinion of what O&M costs to operate the hydro plant could be; and what the cost of power would be to the City once the hydro plant is built and operating, assuming a conventional mix of grants, bonding, sales revenue and other debt service structures. 6. Produce deliverable Economic Evaluation report in PDF format that includes above items, schematics, graphs, technical information, cost estimates, etc, in a simple easy to read format. 7. Make one public presentation in Seward to communicate the results of the evaluation. LIMITATION IN SCOPE OF THIS CONCEPT DESIGN AND ECONOMIC EVALUATION EFFORT It is understood that the above effort is at a concept level only and if project feasibility is identified, would be followed up by a more detailed engineering evaluation; exploration of the Federal Energy Regulatory Commission (FERC) permit path and costs; addressing the costs and path of navigation with current Army Corps (ACOE)efforts regarding the Lowell Canyon Tunnel;the costs and paths of securing other applicable state and federal permits; the cost implication of integration of the hydro power with CEA who currently supplies power to Seward via long distance transmission; and other relevant factors that may impact a hydro project operating year round on Lowell Creek. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 2 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 4 OF 22 SUMMARY AND CONCLUSIONS A concept design for a small hydro-electric system has been developed for Lowell Creek in Seward, and economic evaluation of that system has been completed. This effort was made because of the rapidly increasing cost of fossil fuel electricity generation available to Seward; and because new technologies and approaches are available that will increase the cost effectiveness of both design and construction of such a system. It will be necessary for the City to begin an effort to gage the stream flow in the upper area of Lowell Canyon (elevation 460 ft) since very minimal historic or recent data is available for this resource in that location. Several years of flow data will be needed to confirm the resource for DNR and FERC permits, and to fine tune the concept design and economic evaluation to reflect the anticipated stream flows. The primary goal of the evaluation presented herein is to identify a small hydro-electric system that will reliably collect stream flow year-round at elevation 460 feet up the Lowell Creek Canyon; transport that flow down the canyon and thru City streets in a buried penstock to a turbine house close to sea level; and produce affordable, reliable and safe electricity from a spinning turbine with a grid-tied synchronous generator. Two alternative locations for the low elevation turbine house were considered. Alternative A. The primary and least complex alternative is to route the penstock from the intake straight down the right of way of Lowell Canyon Road and Jefferson Street,and locate the turbine house at elevation 26 feet in the existing 100 foot wide ROW in the Waterfront Park area. The stream intake would be designed for a maximum of 60 CFS and consist of a surface flow diversion and coanda style surface screens. An infiltration gallery upstream of the diversion with below grade French drain collectors would be included to collect flow during low flow periods in winter. The penstock would be 42" diameter, 7,200 foot length, with the upper portion HDPE material, and the lower portion welded steel. In Lowell Canyon, the penstock would be buried below a benched gravel access road routed along the north side of the canyon, with sheet piling and large rip rap to protect against seasonal flooding. The penstock would pass thru the north end of the existing concrete diversion dam, adjacent to the existing Marathon Creek hydro plant. The penstock would then be routed down the right of way of Lowell Canyon Road and Jefferson Street to a low profile turbine house located adjacent to existing seasonal RV and tent camping areas. Electricity from the turbine generator would be synchronized with the City's 12.5 KV distribution system; and connected to the grid at a power pole across Ballaine Avenue. The tail race of the turbine house would allow flow to drain from the turbine into a buried concrete box culvert tailrace extending to a submerged outlet to be located adjacent to the historic wood flume at beach elevation. Alternative B. A second option for the turbine house location alternative was adjacent to the Alaska SeaLife Center (ASLC) on University of Alaska Fairbanks (UAF) property. This alternative was not pursued to concept design or economic evaluation. At this time, it appears much less attractive due to: multiple sharp bends in penstock alignment required; crowded utility corridors in narrow streets and alleys; and acquisition of University property and associated easements that would be required for both the penstock and turbine house. While it is the preference of the City to keep as much of the proposed hydro-electric system within City land and within City R.O.W. as possible; this alternative will remain on the table if negotiations with UAF for land easements become more attractive in future years. Alternative A was developed to the level of concept design and economic evaluation.This concept suggests a maximum turbine generator capacity of 1.8 MW (@60 CFS flow); and estimated annual electricity production of 9,202,000 KWH. This would satisfy approximately 15% of the City's current grid electricity needs. The hydro-electric system would cost approximately$17.9 million to build (in 2019 dollars). If a total of $11 million of state/federal grants were applied to the design/construction costs, and the City were to issue a General Obligation Bond for$7.6 million to finance the remaining costs, the system would produce electricity at approximately$0.1179 per KWH (if built in 2019). The stream intake and upper portion of the penstock would be constructed with permits on DNR land. Access to the upper portion of the system would be by new gravel road on the north side of the canyon. The lower portion of the penstock, the turbine house, and the tailrace would be constructed on City land. Electricity would flow directly into the City distribution system without transmission line loss. The turbine house would be easily accessed for monitoring and maintenance via the existing Waterfront Park access roads. Waste heat from the turbine house could be used as valuable source energy for the ground source heat pump system planned for the ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 19 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 5 OF 22 City Library. Extra expense and design consideration will be required to prevent noise from the turbine house and tailrace from disturbing summer campground use. This concept can be further refined and improved once a stream flow gage is installed in the upper canyon and monitored for at least two years. For the purpose of this concept level evaluation, a simplified schematic of Alternative A with the proposed stream intake, penstock, and turbine house with outfall to Resurrection Bay is shown below: R, e F i"If uir u U PROPOSED TURBINE HOUSE ll ,) PROPOSED WITH UTFALL 2"' DIAMETER PROPOSED RFICSTCI RUIN-OF-RIVER INTAKE , NX r a� ^D N R �rN LAN �,�,�,mM�CITYLAN d d d did d y1'�vry"I VI��ad..d� .d.d.d .d.d.d ad d d did d did d did ado 4 hwf�P9fWdP9fWYD'P9D'iP9D'i&N"�i "wf7�YA'rNN '� � ' `, �� - EG A MY Alternative A: This design concept affords the straightest penstock alignment and greatest elevation drop (from 460 ft elevation at stream diversion to 27 ft elevation at turbine house). Red circles on the map indicate the location of water rights already secured by the City of Seward. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 15 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 6 OF 22 INTRODUCTION On September 11, 2018, the City of Seward secured the services of YourCleanEnergy(YCE)to prepare a Concept Design and Economic Evaluation to support the installation of a run of river small hydro-electric project with intake at elevation @460 ft along Lowell Creek; and a pelton wheel turbine generator near sea level to generate grid power in Seward, Alaska. On February 29, 2019 the City of Seward secured the services of YCE for engineering time anticipated with on-going coordinating for compliance with following state/federal agencies: Alaska Department of Natural Resources (DNR); Alaska Department of Fish & Game (ADF&G); Army Corps of Engineers (ACOE); and Federal Energy Resource Commission (FERC). The coordination is required for initial permits, meetings and information exchange to support the development of a small hydro-electric system on Lowell Creek for the City. This coordination time effort is additional to the YCE proposal of September 11, 2018 to perform a concept design and economic evaluation for the same project. BACKGROUND This evaluation reflects that fact Seward already had operational experience with small hydro from Lowell Canyon from 1905 to 1938; and with the nearby Marathon Creek Hydro Project for several years in the mid 1980's. In 2019,the residents of Seward are very interested in slowing the rate of increase in grid electricity cost by supplementing their energy needs with cost effective small hydro. Lowell Creek remains one of the closest small hydro resources to the City of Seward; it has a steep drop in grade within the City limits from elevation 460 feet to sea level; and no fish species are present in the drainage. The waterfall outflow from the tunnel thru Bear Mountain is visible year-round to all who travel the road to Lowell Point. Acknowledgements. YCE would like to thank City Council, City Electric Department, and City Administration in Seward for taking this long awaited step towards developing a local hydro-electric project that taps the powerful and lucrative natural energy resource that is Lowell Creek. The support for this project by customers of the Seward electric system and greater community is also acknowledged. ANTICIPATED BENEFITS TO THE CITY FROM LOWELL CREEK HYDRO PROJECT • The City of Seward develops its own source of affordable, reliable and safe electrical power— to hedge off the increasing cost of CEA power generated primarily from fossil fuel sources — and to distribute the energy without transmission line loss. • Electrical costs in Seward will be reduced and stabilized over the 40 year project life with local hydro-electric power, especially if a majority of the project capital costs are funded by state and federal grants. • The City will have a reduced cost in standby / emergency power generation when local hydro- electricity is available. Every unit of hydro-electric energy produced can offset expensive fuel consumption by the City's back up diesel generators. • Hydro-electric power does not have the liability of pollution, and low impact run-of-river hydro- electric projects like the proposed one herein on Lowell Creek are typically very favorable to the public and state /federal agencies. Additionally, Lowell Creek has no fish species in the canyon drainage. • The City of Seward will be eligible for federal and/or state appropriations and/or grants for clean energy projects—once DNR & FERC permits are applied for, and in an active status. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 18 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 7 OF 22 COST OF POWER FOR CITY OF SEWARD -2019 The City of Seward currently has a Certificate of Convenience with the Regulatory Commission of Alaska (RCA)to operate its own electricity generation and distribution system. The primary source of energy for customers is long distance transmission delivered under a wholesale contract from Chugach Electric Association (CEA). CEA generates electricity primarily at their combined cycle natural gas facilities, with about 10%of total generation coming from large hydro-electric plants along the Railbelt. In recent years, the wholesale cost electricity from CEA has increased aggressively due to CEA's rate increases and fuel surcharges. The single long-distance transmission line that serves the Seward area remains vulnerable to interruption by seasonal avalanches, landslides, vegetation, and wildfires. There also remains a section of 69KV transmission line supplying Seward that imposes a line loss for every KWH purchased by the City from CEA. According to the City Electric Department, the City currently purchases CEA generation via long distance transmission at average wholesale price of approximately$.108/ KWH. It would be advantageous for the City to generate grid electricity with local hydro, if that local hydro was close in price to CEA's current wholesale price. Because the fuel for hydro-electricty is free and most annual cost components are fixed over the life of the project, the cost of local hydro-electricity will become increasingly attractive over the life of the project. In the event the City electric system becomes isolated from the CEA transmission due to avalanche or other event, the City must rely solely on its own Fort Raymond 15 MW diesel generation plant for standby generation. According to the City Electric Department, the cost of the City's diesel generation is typically in the range of$0.30/KWH. This high cost is due primarily to diesel fuel costs, and labor costs. The City of Seward has a contract to directly purchase 1% of Bradley Lake hydro-electric generation at a wholesale price of approximately$.045 / KWH. This is a very low and attractive price for clean electricity on the Railbelt, however this allocation from Bradley Lake cannot be increased under the current contract. EXISTING HYDRO-ELECTRIC FACILITIES There are several components of the 1923 Seward Power& Light hydro-electric system that still remain in Lowell Canyon; none of these are still operational or useful. The reinforced concrete intake structure that was used from 1923 thru 1938 remains intact and in fair condition on bench above the stream channel in the upper canyon at approximate elevation of 450 feet. Stream flow was diverted into a shallow channel upstream of the structure; this flow then passed into a serpentine channel tank within the structure that ensured a water level above the three steel penstocks that exited the structure. Gravel,silt and debris were filtered and settled to a great extent within the tank of the structure, and the water flowed down the canyon in a single steel penstock that was suspended above grade level with wooden structural supports. In practice, the operators of that time period encountered challenges with flood stage gravel inundation of the intake structure; low surface flows in winter; and occasional ice formation on the interior walls of the penstock. The penstock terminated downstream in a concrete powerhouse that was located close to the intersection of Jefferson Street and 7th Avenue.This concrete powerhouse was heavily damaged by several large flood events that occurred in the period of 1923 thru 1938; these floods exceeded the capacity of the wooden flume channel that existed at that time down the Jefferson Street corridor. In addition to the concrete intake structure, heavily corroded sections of the old steel penstock can still be found at grade level down slope from the intake structure, and in scattered locations along the stream bed. The vertical support members have long rotted away; many of them were removed by the floods, landslides and snow slides that have occurred since this system was decommissioned in 1938. In credit to the designers of the 1923 intake structure, they identified a location that has remained free of landslides, snow slides, and flood waters for nearly 100 years. Tall trees and thick brush have established in the immediate area around the structure, this vegetation has stabilized the native soils and slopes in the same area. This location at elevation 460 feet remains today the most ideal for collecting the maximum stream flow from Lowell Creek at the highest elevation within the City limits of Seward. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 13 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 8 OF 22 HYDROLOGY The Lowell Creek canyon has a drainage area of approximately 4 square miles that is predominantly steep grade slopes that include significant snow fields into summer months at higher elevations. The steep sloping canyon walls have exposed layers of soft silty graywacke gravel that are easily eroded during flood events, transporting significant volumes of this same silty gravel down the canyon and thru the existing concrete tunnel thru Bear Mountain. The bottom of the stream channel consists of heavily weathered hard metamorphic bedrock shelves and large loose boulders. The variation of natural stream flow in Lowell Creek is significant between cold winter months when surface flow may freeze; and the heavy and extended rainfall and runoff events that typically occur each year in the months of September and October. With the advent of a warming climate and ever changing and unusual weather patterns in recent years, the streams flow in Lowell Creek is anticipated to be different in current years than was last measured by USGS 1965 thru 1968, and 1991 thru 1993, with a gage at the tunnel outlet. USGS re-installed a flow gage on the tunnel outlet in April 2019 and the flow data is available on-line. However, the hydrology that is most significant to the hydro-electric project proposed herein is the stream flow that occurs in the upper canyon at elevation 460 feet where a new intake would be located. There is no available stream flow data for this location from past or current years. A primary conclusion of this evaluation report is that it will be necessary for the City of Seward to establish a stream gaging station on Lowell Creek at elevation 460 feet; and monitor this flow for a continuous period of at least two years. From this new flow data,a more accurate duration curve can be developed to refine the proposed hydro-electric system design, and to secure the necessary water allocation permit from Alaska DNR. PROJECTED FLOWS BASED ON EXISTING DATA The most recent duration curve available that is based on stream gage flows in Lowell Creek can be found in the Feasibility Study completed in 1979 by CH2M-Hill. The duration curve presented in this study was based on flow measured at the tunnel outlet, and not at any higher elevations. No known gaging of stream flow has been done at the upper canyon intake before, during or since the time of the 1979 study. 1979 Study also suggested that approximately 60%of the surface flow observed at elevation 460 feet could be lost to the underground gravel aquifer before it ever reaches the tunnel entrance. This suggestion was based on a single set of flow estimations taken at the same time at elevation 460 feet and the tunnel outlet. Further measurements of surface and sub-surface flows are needed for a continuous period of several years in order to confirm the presence of underground flow in the porous gravel layer of the creek bed. Such measurements would also confirm whether some of this underground flow can be intercepted year- round with an infiltration gallery to supplement a surface screen intake for hydro-electric power production. For this evaluation, the 1979 duration curve was extrapolated to include additional underground flow based on estimates provided in the same 1979 study. This extrapolated duration curve suggests that it may be possible to collect at elevation 460 feet an average of 40 CFS flow for up to eight months of the year; an average of 10 CFS flow for up to two winter months of the year; and an average of 60 CFS flow for up to 2 months in late summer and early fall. It is assumed in the calculation for annual hydro power production that the turbine will be taken off-line for approximately two weeks each winter during low flow period for annual maintenance;and that the turbine will be taken off-line for approximately two weeks each year during the fall flood season. Projected flow available for hydro power in this evaluation does not include a contribution from the existing Marathon Creek impoundment located at elevation 720 ft on Marathon Mountain. This flow could be added to the proposed penstock in Lowell canyon to increase the viability of the project. However, it will first be necessary to measure the stream flow thru the impoundment for several years, and once measured, apply for water allocation from DNR and ADF&G to divert this flow down to Lowell canyon. This are fish present in the habitat downstream of the impoundment, and it seems likely these agencies will place seasonal restrictions on the amount of Marathon Creek flow that can be diverted for hydro power. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 19 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 9 OF 22 PROJECTED FLOWS BASED ON EXISTING DATA(CONT'D) A duration curve was developed and included in the 1979 Lowell Creek Feasibility Study prepared by CH2MHill. This curve was for stream flow measured at the Bear Mountain tunnel outlet. The 1979 Study also suggested that 60% additional flow may be available in the upper canyon at elevation 460 feet due to the fact that a significant portion of the stream flow seeps down through porous alluvial gravel before it reaches the tunnel entrance. For the purposes of this evaluation, a more conservative estimate of 50% additional flow at elevation 460 ft was used, and the duration curve was extrapolated accordingly. The best way to confirm and update this duration curve is to gather and compile several years of current flow data at elevation 460 feet. This flow data is also needed to secure the necessary DNR water rights permit to divert stream flow at this location. 01 ��... i � �w �� - ��........ww Mosswod ow 68 40 3 ............... ....... .o. ILE n"IRAPOLA r-ED FOR IN TA K IIE IO,CA I EID A L q " ELEV 4W,01 If°T , INCLUDES ICJC1""ION L,E0"'44 FLOW .......... .aw,. . ra i 01 20 40 GO 80 100 PERCENT OFTIME ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 19 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 10 OF 22 RUN OF RIVER COANDA STYLE INTAKE WITH BURIED INFILTRATION GALLERY The method of collecting stream flow from elevation 460 feet in the upper canyon proposed in this concept design consists of two independent systems. The first is to construct a stream diversion that will direct surface flow over a series of parallel coanda style runoff river intake screens. These screens allow a portion of the surface flow to pass thru the screen area and fall into a collection box that keeps water level above the penstock entrance. Under low to moderate flows, these screens are self-cleaning because that portion of the flow that passes over the screen surface will carry with it gravel and debris that may otherwise come to rest on the screen. However, during very low flows and cold winter conditions, these surface screens are prone to frazil ice formation which often blocks the openings thru which water can pass. During these low flow winter months, it appears more advantageous to collect some portion of the flow needed for a hydro-electric facility from warmer water found flowing below grade. The second method of collecting stream flow that is considered in this concept design is to install a French drain style infiltration gallery that is located upstream of the surface screens, and adjacent to the stream bed. It appears that warmer water that is migrating underground thru the gravel stream bed can be intercepted in a flow range of 10 to 20 CFS during winter months. Collection of this flow could allow the hydro plant to remain operational at part load flows when the surface water and coanda style screens are prone to freezing. A recent aerial photo of the project site, showing proposed intake location, is shown below: Lowell Creek Intake Concept Ganvnn Hy(k�-zr QO� 9 -Proposed Intake Loeatoon r-. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 2e LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 11 OF 22 RUN OF RIVER COANDA STYLE INTAKE WITH BURIED INFILTRATION GALLERY(CONT'D) /�. �ilGo i j VnfiVtUatian GalBey ✓ / Sluice Gates / ��✓ 1��� Intake Screen, � � � ✓�� ��� � � Penstock of i f Lowell Creek Intake Concept C,any,,n Idydlro-'c"latir M c ,xs xw czn A conceptual illustration of the proposed two-part intake system at elevation 460 feet is shown above. The infiltration gallery will collect underground flow at an elevation above that of the surface screens. In order to confirm that a sufficient underground water flow exists upstream of the proposed surface intake location, it will be necessary for the City to install a series of small diameter ground water monitoring wells along the edge of the stream channel. These monitoring wells will allow measurements of water level, water temperature, and the presence of fine silt that could impact the infiltration gallery design. Once the quantity of underground flow is estimated, a surface area of below ground screen material can be estimated that could produce the winter flows of 10 CFS or more that would be ideal. The below ground screen material will likely be high strength geo-textile fabric that will wrap around an elongated bed of coarse gravel that will enclose a perforated HDPE collector pipe. If adequate surface area of geo-textile fabric can be installed below the water level of the stream, hydraulic pressure will force flow thru the fabric and into the drain pipe that will supply the penstock. The geo-textile fabric employed in a filtration gallery can be selected to screen out most of the fine silt and still allow the design flow to be acquired even after siltation of fabric occurs over time. The confidence of exploring the infiltration gallery design comes in large part from observation that the fine silt and sand present in the creek bed has high permeability during rain events, even after hundreds of years of siltation from annual flood events. This suggests that the silt particles in Lowell Creek, even when concentrated in layers, allow water to drain thru instead of ponding at the surface. Data from underground monitoring wells and a sedimentation study would indicate what range of permeability could be anticipated from a properly designed infiltration gallery along the stream bed. An example of a successful infiltration design in Seward is the fresh water collection system installed by the Alaska SeaLife Center several decades ago along the base of Bear Mountain. This design employs a large area of geo-textile fabric surrounding a gravel bed with perforated HDPE pipe in the center. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 2T LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 12 OF 22 PENSTOCK MATERIAL SELECTION The proposed hydro-electric system concept design includes a 42-inch diameter penstock of 7,200 foot length. This diameter is proposed to keep friction and hydraulic losses less than 15%of the total available elevation head at the maximum flow of 60 CFS thru the penstock . The following pipe material is considered for the project at this time: High Density Polyethylene (HDPE): the flexibility of this pipe material, along with the option of field fused joints, make this an ideal pipe material for the upper portion of the penstock alignment. To reduce construction time, long sections of the penstock can be pre-assembled in the field, then dragged into the excavation trench. This pipe material is very smooth wall and ensures low friction loss over long distances. Additionally, this pipe material is highly resistant to corrosion and abrasion. However, the pressure class of the pipe is also limited due to the lower tensile strength of HDPE, and accordingly this material can only be used in higher elevation section of the penstock where static pressure and surge pressures will not exceed the safety factor of the pipe material. Welded Steel: the high tensile strength of this material, and competitive cost, make this material an ideal choice for the lower elevation portion of the penstock. The pressure class of the welded steel pipe will increase as the static head increases down the penstock, up to the connection with the pre-fabricated turbine assembly in the turbine house. This pipe requires straight alignment due to very limited flexibility at joints; and may also require a cathodic protection system to prevent long term corrosion of the pipe material. HYDRO-ELECTRIC ENERGY PRODUCTION • Initial turbine sizing would be one vertical shaft five jet pelton wheel, rated for 60 CFS flow = 1.8 MW capacity. • During low flow periods in winter, the turbine can be run as low as 10% of rated capacity and still produce stable grid power (6 CFS = 0.18 MW= 180 KW). • A below grade infiltration gallery upstream of the surface screen intake may allow continuous minimum winter flows of 10 CFS, enough to keep one turbine running from December through March and keep intake box and penstock from freezing. Hydro Electric Power=(Q* H *e)/ 11.81 Q=flow in CFS H =drop in elevation head from intake to turbine e =overall efficiency of hydro-electric system, accounting for energy losses thru intake screen, collection channel, penstock, bends, valves, nozzles, turbine, bearings, generator, switchgear 11.81 =constant to convert to KW ■ "Celebrate the power of nature"T. ...with YourCleanEnergy« 22 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 13 OF 22 ESTIMATED HYDRO-ELECTRIC ENERGY BASED ON PROJECTED STREAM FLOWS The quantity of hydro-electric energy(KWH)that could be produced annually from the proposed concept design can be estimated as follows: Total head available above sea level =460 ft elevation minus screen intake loss (5 ft), minus friction loss in (35 ft) minus tailrace drop to sea level (15 ft) =@405 ft net head Hydro mechanical/electrical system efficiency(turbine to grid) = 92% (turbine)x 96% (alternator)x 96% (grid tie) = @84.7% - For 8 months avg flow @ 40cfs = 6,692,300 KWH - For 1.5 winter months, avg flow @10cfs = 313,725 KWH - For 0.5 winter months, off-line for maintenance = 0 KWH - For remaining 1.5 months, avg flow @ 60cfs = 1,882,350 KWH - For 0.5 fall months, off-line during flood events = 0 KWH --------------------- ESTIMATED ANNUAL HYDRO-ELECTRIC ENERGY = 8,888,375 KWH ENERGY PURCHASED FROM CEA BY CITY IN 2018 = 57,645,249 KWH PERCENTAGE OF ANNUAL POWER FROM HYDRO = 15.4% ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 23 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 14 OF 22 HYDRO-ELECTRIC TURBINE EQUIPMENT SELECTION The net head available at the turbine house for the proposed project is approximately 405 feet. With a design flow of 60 CFS, the ideal turbine selection would be a single five jet vertical pelton wheel turbine system. These turbine systems are currently available for Alaska projects through both Canyon Hydro of Deming, Washington; and Gilkes Hydro (UK)who have offices in the Seattle area. The pelton wheel is a high efficiency impulse turbine that converts kinetic energy from one or more high pressure waterjets into rotation of the turbine wheel. The waterjet is split by a knife edge divider between two stainless steel buckets that can absorb over 90%of the kinetic energy from the water jet. Pelton wheel turbines with multiple jets are capable of producing stable grid electricity with flow as low as 10% of their rated capacity. A five jet vertical pelton system would allow the Lowell Creek Hydro turbine to stay operational in winter months with flows from the upper canyon as low as 6 CFS. a , %`' y,'4UhdNihNti FNr �y High efficiency Pelton wheel turbine with stainless steel split bucket design u P „ 1 n i Y / Jay Five jet vertical pelton wheel turbine system installed (photo courtesy of Canyon Hydro) ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 29 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 15 OF 22 TURBINE HOUSE CONCEPT DESIGN The east end of Jefferson Street continues an existing 100 foot wide right-of-way into the RV and tent camping area that is managed by the City's Parks and Recreation Department. This corridor is clear of utilities or permanent structures with the exception of an existing 24" drain culvert that parallels Jefferson Street, and the remains of the historic wooden/steel flume from the late 1930's still located on the beach. The proposed 42" penstock could be routed straight down Jefferson Street to a new turbine house located between the two camping areas. This location affords the maximum drop in elevation from the upper canyon to sea level; the floor level of the proposed turbine house would be approximately +27 ft. The proximity to campers and recreational visitors would require that the turbine house and tailrace structures be heavily insulated to prevent turbine noise from migrating out from these structures. rz i I I �I I ` N ul Ea. W The east end of the Jefferson Street R.O.W. corridor extends in the City's Waterfront Park I � Iw89 59'22"iw 368.10' # �`n I (232 k1) 232.00 86.f0 0.00 , 2p JEEEERSON S T, F S89 59'22'E 408.06 j 40' 140' 232 R1 232.00 59.92' 2.00' AQ ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 25 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 16 OF 22 TURBINE HOUSE CONCEPT DESIGN (CONT'D) The Jefferson Street R.O.W. corridor is 100 feet wide through the Waterfront Park area to the edge of Resurrection Bay. It appears feasible to locate the turbine house for the hydro-electric project within this R.O.W. without significant modification of the City's existing RV and tent camping activities. Flow leaving the turbine house would be routed straight down to the ocean in a below grade insulated tailrace with submerged outlet below low tide level. This design approach would afford the greatest sound mitigation and provide safe discharge of turbine house flow in an area heavily used by visitors and residents. gm IF .. ..,...,, i o err s ,,_,: 100 FT Rout EXTENDS©INTO? CAMPGROUND P %///% / EXISTING 24"CMP STORM DRAIN LET gg' A turbine house located in the Waterfront Park allows for a straight penstock alignment down Jefferson St; maximum elevation drop for energy production; and safe and easy access to the turbine equipment. 32 FT X 40 FT(HYDRO TURBINE HOUSE CONCEPT FLOOR PLAN HYDRO CONTROL (PAD PANELS MOUNTED . 41$OWI TRANS FIVE JET FORMER L..... VERTICAL ' "1, ........ PIELT©N w Ar GENERATOR SwITCHGEAR 30"BALL VALVE "Celebrate the power of nature"T. ...with YourCleanEnergy LLI 26 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 17 OF 22 TURBINE HOUSE CONCEPT DESIGN (CONT'D) The proposed turbine house concept design is one that presents an attractive, low profile, and well insulated structure that can integrate into the existing campground area with minimal visual and operational impact. The pad-mounted step up transformer would be enclosed in an attached shed structure on the west side of the turbine house. The primary access door to the turbine house would be on the east (ocean) side, along with site parking for utility staff. The entire turbine house and subsurface concrete tailrace would be heavily insulated to mitigate turbine noise. Below are renderings that show the proposed turbine house design concept when placed into site photos of the City right-of-way of Jefferson Street: w �w .�„+ ,, r o Dili,uTn�imvinr,pir,J9nr2um�rlu��wiev9p"ry�i t r, a!iri r r �,Y,,r�m�lv9rviu JJf ihifi b * ,a,,: ,,,e,e;, tu, � ,r .. `s✓ li t+M YY IP»YlpYdlYUVilllfl MlYgIN�,.,Y1N1� I.1)fl 1 ) J � ..,, ..'; «, ,, way»v rtia nmi�aiwuww�H r i�✓r a Mr im g wimiue�mr�mur!�h�rr r�� 1 , x v � f i J �J"rse rid l��ri �a �!"i�,,„,'"� ,J„iIy,,/,,,r- ,,,,,, .;..,n/ -�` l ,('rrW mrAL,�wiiiir,c��1�I�i�r�!.<Ir/11� J/l�rctili��i��r�A,,/�il�iFi illl7/N/%iart�r�/G�sr✓, ""' ,,.„.�r.r�✓�rfriN�1.��,rio//r�✓/l�%il(�lcJ✓�✓ u� ��H. ��i7111/Jl,,. ,..../1.,y,� �.�, /,�„ ,��. i/✓11 r /r, :;: s,c,.,a„ a�i ,,,;, Fr i i r;lu�l� �lr��`/ink✓/�r���as��'d;��d'/���i�/��1����i�1��61/�UURr��i�G!�Jl�/,�n/ririnwii�io9d'N�.�'I��;o,/ VI �i"4 Pr" 4.�p�" � ,,;..y�� Looking east across Ballaine Avenue. (Site photo and rendering by YourCleanEnergy LLC). e� Il s ti7 f ` m y 'Wu is y,u� lid, 5aa4r � r� i ��r�r�rr,( ✓ iu 14 Looking west from Waterfront bike path. (Site photo and rendering by YourCleanEnergy LLC). "Celebrate the power of nature"T. ...with YourCleanEnergy«I 23 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 18 OF 22 EVALUATING HYDRO PROJECT COSTS VS BENEFITS The proposed hydro-electric project concept can be evaluated in two fundamental ways: A. Life Cycle Cost (how many years to fully pay back initial capital investment?) B. Annual Energy Cost ($ per kwh over the anticipated project life) Typically, once a hydro-electric power resource is developed,the projects are run as long as the community can maintain them, often more than 50 years. What will be most important to the City of Seward is to keep the annual energy cost of hydro-electric energy as low as possible to stabilize overall grid power costs. The Lowell Creek Hydro Project, if built, is anticipated to have a 40 year project life. Therefore, in this evaluation, the method of Annual Energy Cost is used to evaluate the proposed concept design. OPINION OF PROBABLE CAPITAL COSTS— PROPOSED HYDRO-ELECTRIC PROJECT-2019 An itemized breakdown of anticipated project construction components is given below: Construction Phase Component Cost Opinion DNR land lease and land easements $ 40,000 Access road to new intake site at elevation 460 feet $ 616,000 Stream diversion, intake screens and collection channel $ 500,000 Groundwater Infiltration gallery piping and collection $ 300,000 Penstock (7,200ft x 42 inch dia), including selected buried utility relocations $ 5,120,000 Turbine House/power plant building $ 1,800,000 Turbine and generator equipment $ 1,500,000 Electrical control equipment $ 300,000 Miscellaneous power plant equipment $ 84,000 Pad Mounted 4160 V/ 12.5 KV Transformer $ 40,000 Buried conductors and devices $ 60,000 Overhead conductors and devices $ 60,000 Communications equipment $ 80,000 Insulated concrete culvert tailrace and submerged ocean outfall $ 500,000 CONSTRUCTION SUB-TOTAL $11,000,000 ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 29 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 19 OF 22 OPINION OF PROBABLE PROJECT COST—PROPOSED HYDRO-ELECTRIC PROJECT-2019 The following are components included to estimate the total project cost: CONSTRUCTION COST SUB-TOTAL $11,000,000 CONTINGENCY AND UNLISTED ITEMS (15%) $ 1,650,000 --------------- TOTAL DIRECT COST $12,650,000 INDIRECT COSTS: TEMP FACILITIES, BOND, INSURANCE, OHEAD (17%) $ 2,150,500 - ------------- TOTAL CONSTRUCTION COSTS $14,800,500 ENGINEERING, LEGAL, ADMINISTRATION (15%) $ 2,220,100 NET INTEREST DURING CONSTRUCTION (6%) $ 888,000 --------------- TOTAL HYDRO-ELECTRIC PROJECT COST $17,908,600 The project will become financially attractive to the City Of Seward with the assistance of grant funds to offset the initial capital cost. The project has a high public benefit and profile and represents a positive step forward for the City to produce a portion of its power from renewable energy. Therefore, both state and federal grant agencies may show interest in supporting the project when political will for the project is clearly expressed by the community. These grant funds will reduce the amount of general obligation bond that the City will have to issue to supplement the available state and federal grant funds. This evaluation includes an opinion of probable grant funding in order to arrive at an estimated bond issue amount,which in turn will determine the estimated cost of producing hydro-electric power from the project. TOTAL HYDRO-ELECTRIC PROJECT COST $17,908,600 LESS STATE (@$5 MILLION)AND FEDERAL (@$6 MILLION) GRANT FUNDS ($11,000,000) ------------------- TOTAL INVESTMENT BY CITY OF SEWARD $ 6,908,600 CITY OF SEWARD BOND ISSUE (110% OF TOTAL INVESTMENT) $ 7,600,000 ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 29 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 20 OF 22 ESTIMATION OF PROBABLE ANNUAL COSTS— HYDRO-ELECTRIC FACILITY-2019 CITY OF SEWARD BOND ISSUE (110% OF TOTAL INVESTMENT) $ 7,600,000 INTEREST &AMORTIZATION (40 YEARS @ 4% INTEREST RATE) $ 383,770 INTERIM REPLACEMENTS (1.0% OF TOTAL CONSTRUCTION COSTS) $ 148,000 INSURANCE (0.4% OF TOTAL CONSTRUCTION COSTS) $ 59,200 OPERATION AND MAINTENANCE $ 320,000 ADMINISTRATIVE AND GENERAL (50% OF O&M COSTS) $ 160,000 LESS INTEREST EARNED ON RESERVE FUNDS (@ 6%) ($ 23,000) --------------- TOTAL ANNUAL COSTS $ 1,048,000 TOTAL KWH PRODUCED PER YEAR (FROM PREVIOUS SECTION): 8,888,375 KWH ANNUAL ENERGY COSTS =TOTAL ANNUAL COSTS/KWH PER YEAR: $ 0.1179/KWH OPERATIONS The proposed hydro-electric system concept design is a run-of-river type system that includes no impoundments for high elevation storage. It would provide no storage for daily peaking operation. The hydro-electric turbine generator cannot operate when penstock flow is lower than 10% of the rated flow capacity of 60 CFS. It is anticipated that the hydro-electric turbine may need to be taken off-line during flood events when the stream flow exceeds 75 CFS as the bed load of silt and gravel in Lowell Creek during these short-term events can be destructive to intake surface screens. It is also anticipated that there may short periods in mid to late winter of some years when the total stream flow may not be greater than the minimum 6 CFS required to keep the hydro-electric turbine operating. This is again why it will be necessary for the City to collect flow data on the stream for several years at the proposed intake location at elevation 460 feet. With a warming climate and changing winter temperatures, rainfall, and snow melt patterns, having current flow data will give more accurate indication of the expected frequency of both flood events, and periods of low flow in winters. Periodic inspection and cleaning of debris from the intake diversion channel,surface screens, and collection box will be part of the operation of the proposed hydro-electric system. The gravel access road in the upper canyon will pass thru several slide areas that will likely require some clearing and re-grading with heavy equipment each year. In the turbine house, the high velocity jet nozzles and pelton wheel will experience accelerated abrasion from fine glacial silt particles suspended in the flow that cannot be screened or settled out. Replacement of the turbine wheel every five to eight years is anticipated, the worn turbine wheel can be factory repaired by weld re-building of the stainless steel buckets. The synchronous generator will require regular inspection and lubrication, similar to most other large three phase grid tied generator units. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 30 LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 21 OF 22 WATER RIGHTS The proposed concept design for a hydro-electric system includes a stream diversion and intake at elevation 460 feet in Lowell Canyon. This intake location lies on a parcel of land owned by Alaska DNR that lies within the City limits. The primary agency for adjudicating water rights for this intake location is the Water Resources Section of the Alaska DNR. Conversations with YCE and DNR regarding water rights for the City for this hydro-electric project began in February of 2019. On March 14, 2019,with assistance from YCE, the City submitted an "Application for Water Right"to DNR. This application requested an allocation for diverting up to 75 CFS into a penstock at elevation 460 feet, and release of the same flow into Resurrection Bay at the east end of the Jefferson Street corridor. On March 27, 2019, DNR Water Resources Division advised that the City's "Application for Water Right" had been received, and advised that the following additional information is required from the City to fully complete the application for water right for the proposed intake at elevation 460 feet: "Provide a hydrologic study(of Lowell Creek at elevation 460 feet) as the requested water quantity is more than 100,000 gallons per day from a stream." "Provide documentation in the form of a Lease, Easement, Deed, or notarized and recorded Water Use Agreement, which authorizes access to requested water resource as the requested water resources is not located within the boundaries of the property where the water is to be used." "Provide a copy of an executed deed, lease agreement, or other possessory interest document showing ownership of, or authorization to use, the property where the water will be used." A copy of the March 27 2019 letter from DNR Water Resources Section confirming the City's "Application for Water Right" is a included at the end of this evaluation report. RECOMMENDED SCOPE OF HYDROLOGIC STUDY TO MOVE PROJECT FORWARD Conversations with DNR since the time of the "Application for Water Right" was made have expanded understanding of the scope of hydrologic study that DNR will accept for this stream diversion at elevation 460 feet. The hydrologic study will best serve the city's long-term interest by including the following four components: A. A reliable and accurate gaging station is to be established to collect stream flow for a minimum period of two years at the proposed 460 feet elevation intake. This flow data can be compared to the USGS gage data available since April 3 2019 at the tunnel outlet. Because the stream cross section in this area is non-uniform, it may be necessary to install a low head weir across the stream channel to measure flows up to at least 75 CFS. With proper planning, this weir for flow measurement could remain in place after the hydro intake is constructed. The frequency and timing of discharge data collection should be synchronized with the USGS stream gage now available at the Lowell Creek tunnel outlet, so that correlations between upper and lower canyon flow can be established. B. An additional suggestion has been made by DNR to install and monitor a series of small diameter groundwater wells in locations where an infiltration gallery could be sited, upstream from the surface diversion, also for a period of two years. These wells should be screened down to bedrock and be accessible with lockable cover from the edge of the stream channel. Measurements of ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I z3T LOWELL CREEK HYDRO PROJECT EVALUATION CITY OF SEWARD 7/22/19 PAGE 22 OF 22 water level, water temperature, and turbidity in these wells will give indication of how much flow a below grade infiltration gallery could produce, especially thru the cold winter months when surface flow can be very low and prone to freezing. The movement of fine silt and sand in the underground flow during various combinations of weather and slide events can also be measured. C. Because the Lowell Creek drainage can transport large quantities of silt, sand, and fine gravel, a sedimentation study of surface flow should also be included. It will very useful to know what stream flows and weather conditions are likely to increase bed load in the stream, some of which may be hazardous to the future hydro intake system. Impact of siltation on the infiltration gallery can also be predicted. D. A water surface level gage should be installed at the Marathon Creek impoundment located at elevation 720 feet on Marathon Mountain jeep trail. This stream flow resource can be diverted to the future Lowell Creek hydro penstock via existing 12-inch steel penstock that was constructed by the City in the early 1980's. The existing Marathon Creek impoundment has a concrete broad crested trapezoidal weir; water level readings just upstream of the weir can reliably be converted to discharge in CFS. The frequency and timing of discharge data should be synchronized with the stream gage proposed for the upper canyon of Lowell Creek, so that total flow available for the hydro project can be established. Both DNR and ADF&G require at least two years of flow data from Marathon Creek in order to determine a seasonal water allocation that will preserve fish and wildlife habitat in the Marathon Creek drainage. The stream flow data can be used to develop a new duration curve that reflects the current climate conditions for the Lowell Creek and Marathon Creek drainage areas. Stream flow data collected from elevation 460 feet can be compared to that collected by USGS at the Bear Mountain tunnel outlet to determine how much stream flow is typically lost to the alluvial gravel stream bed before entering the tunnel. In conclusion, it will be in the best interest of the City to soon engage the USGS, and/or other qualified professional and experienced hydrologist to begin the necessary data collection and analysis of surface stream flow, underground water flow, and sedimentation characteristics at elevation 460 feet in the upper canyon of Lowell Creek; and surface stream flow at the existing impoundment at elevation 720 feet on Marathon Creek. The investment in gathering several years of accurate, reliable, and current hydrologic data will greatly increase the confidence of the City, and state and federal agencies, in developing a successful hydro-electric project on Lowell Creek. ■ "Celebrate the power of nature"T. ...with YourCleanEnergy«I 32 Your !Clean Energy ■ Celebrate the pamr of nalure,, Page 1 of 8 June 30, 2019 John Foutz, Electric Utility Manager City of Seward P.O. Box 167 Seward, AK 99664 RE: Report of On-going Coordination with DNR, ADF&G, ACOE, FERC — Lowell Creek Hydro Project CC: Brennan Hickok, Assistant City Manager Patrick Gillis, Electric Utility Operations Supervisor Dear John: In accordance with the YCE proposal of Feb 25 2019, the following is a summary of engineering time effort to date for on-going coordination with following state/federal agencies: Alaska Department of Natural Resources (DNR); Alaska Department of Fish & Game (ADF&G); Army Corps of Engineers (ACOE); and Federal Energy Resource Commission (FERC). The coordination is required for initial permits, meetings and information exchange to support the development of a small hydro electric system on Lowell Creek for the City of Seward. SCOPE OF WORK — A summary of on-going coordination services anticipated by YCE during the feasibility phase of the Lowell Creek Hydro Project will consist of the following work tasks: Agency Description Alaska Dept Natural Resources Prepare preliminary water rights application, also coordination with Division of Lands, and Division of Dam Safety Alaska Dept of Fish & Game Coordinate fish & wildlife concerns, permits US Army Corps of Engineers Meetings, coordinate regarding future plans for new tunnel and diversion dam Federal Energy Regulatory Commission Stream classification, request license waiver LIMIT OF THIS EFFORT - It is understood that the above efforts exclude the cost of coordinating with Chugach Electric Association who currently supplies power to City of Seward 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 33 Your !Clean Energy ■ Celebrate the pamr of nalure-- Page 2 of 8 via long distance transmission; and other yet unidentified coordination tasks that may impact the development of a hydro project operating year round on Lowell Creek. Alaska Department of Natural Resources (DNR) The proposed stream intake location and approximately 2,400 feet of the upper elevation portion of the penstock would be located on a parcel of DNR land within the City limits. A schematic of the project that shows the boundary of DNR / City land, and location of the City's existing water rights is given below: PROPOSED TURBINE HOUSE AK 9 WITH OUTFALL. PROPOSED 4 °" DIAMETER PROPOSED PENSTOCK - INTAKE RUN-OE-RIVER �t INTAKE DNR CITY LAND " LAN' ... .�� . �� ."aa� C u a Aw A All 'CT OW. �Ii�p I I q1��11II'l I ll�ll�llulllll k ",. """ The City currently has water right permits for several wells in the lower portion of Lowell Canyon, but none for surface water in the upper canyon. In order to proceed with evaluation of the Lowell Creek Hydro Project, it was necessary for YCE to contact and coordinate with three separate sections within the Division of Mining, Land & Water of Alaska DNR. This effort allowed YCE to determine what tasks the City must anticipate in order to move the hydro project forward. The three DNR Sections within the Division that require coordination and compliance are: Water Resources —water allocation permit for point of diversion, usage, and discharge Land Sales — lease and easements for City hydro-electric facilities located on state land Dam Safety— permits for intake impoundments, modifications to existing dams 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 39 Your !Clean Energy ■ Celebrate the pamr of nalure,, Page 3 of 8 Additionally, the City is encouraged to investigate what water right allocation is possible from DNR / ADF&G for the existing Marathon Creek impoundment located at elevation 720 ft on the east face of Marathon Mountain. There is a screened manhole intake adjacent to this impoundment and a 12" steel penstock that conveys diverted stream flow to a 250 KW pelton wheel generator located in a turbine house at elevation 180 ft in Lowell Canyon. This small hydro-electric system was built by the City in the mid 1980's; the plant has not been functional since 1986. Plant records suggest that the water allocation from the Marathon Creek impoundment was restricted by DNR and/or ADF&G at that time to approximately 1200 gpm, which limited the turbine generator to 50 KW output. In today's electricity market in Seward, the contribution of flow from Marathon Creek to the Lowell Creek Hydro Project via the existing intake and penstock infrastructure is financially attractive. However, the allocation of flow from Marathon Creek must be balanced with the ecology of fish habitat in First Lake and the aquatic habitat of the entire drainage downstream of the impoundment. Gaging of the stream flow at the Marathon Creek impoundment will be required for a period of at least two years, as no historical or current flow data is available. DNR Water Resources Section. Coordination for in-stream water right from Lowell Creek was made by YCE directly in phone conversation and emails with Carl Reese, Statewide Hydro Specialist, Water Management Unit. The following is a summary of important information supplied by DNR, and coordination tasks completed to date. The City cannot divert stream flow from Lowell Creek on state land without first making application for an in-stream water right. The filing date of the application will give the City priority for the water right. The application fee is $1,500 for hydroelectric generation capacity greater than 100KW. YCE assisted the City in completing the Application For Water Right, along with a project description; the City via Interim City Manager Jeff Bridges, submitted the application to DNR on March 14, 2019. Carl Reese of DNR confirmed in writing on March 27 2019 that the application had been received. A PDF copy of the application, and DNR confirmation of filing date, are included as attachments to this summary. In order to be considered complete, the application will require flow monitoring data for the specific intake site, both recent and historical. If inadequate flow data exists for the location, a hydrologic study will be required with two to five years of data collection required to establish acceptable duration flow curve for year-round flows. The hydrologic study can include ground water monitoring wells along the stream bed to evaluate the potential for using an infiltration gallery for a portion of the diverted flow. USGS flow data is available for the outlet of the Lowell Creek tunnel for the time periods of 1965 thru 1968; and 1991 thru 1993. USGS installed a flow gage at this same location in April 2019 to monitor stream flow, as directed by the US Army Corps of Engineers who are evaluating tunnel modification options to improve flood control safety. Discharge data every 15 minutes in CFS beginning on March 5 2019 is now available on-line via the USGS website for this station #15238500. A screen shot of this discharge data taken June 28 2019 is as follows: 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 35 Your !Clean Energy ■ Celebrate the pamr of nalure-- Page 4 of 8 109.00 ,i Her 02 Her 1 " ar 301 Opr 13 Apr 27 Kay 1 "ay 25 Jun Oil Jun 22 2019 2019 2019, 201,9 2019 2019 2019 2019 „ „-- ProvisLanaL Data StAw,ject to, Revisilon —,-- This existing USGS stream flow data is being collected more than one mile downstream of the proposed hydro-electric system diversion location at elevation 460 ft. This USGS data does not represent the anticipated higher flows that may be present at times in the upper canyon. It was observed in the 1979 CH2M Hill study of Lowell Creek that a flow measured in the upper canyon at elevation 460 feet was approximately 60% greater than one in the lower canyon, apparently due to loss of flow to deeper gravel formations in the lower canyon. While it may be possible to draw correlation between lower and upper canyon flows over time, current measurements of stream flow at the upper canyon location will be required in order for a DNR water allocation permit application to be completed. DNR Land Section. Coordination for land lease and easements on DNR land was made by YCE directly in phone conversation and emails with Clark Cox, Southcentral Regional Manager. The following is a summary of important information supplied by DNR, and coordination tasks completed to date. For the stream gaging required on DNR land at elevation 460 feet, an access permit from DNR Lands for the anticipated period of gaging will be required in advance. 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 36 Your !Clean Energy ■ Celebrate the pamr of nalure,, Page 5 of 8 For construction of the hydro-electric system, a land lease and two types of easements will be required. For the land which will contain permanent intake structures, a 55-year lease arrangement with adequate footprint will be required. The lease rate will vary from $240/acre/year to $1,000/acre/year, depending on the appropriate use rate assigned by DNR. Application for land lease shall be in accordance with state law 11AAC 05 230. Application fee is $1,500 for lease of one acre or less; fee is $2,500 for lease more than one acre. For the penstock and access road on DNR land, both construction and operation easements will be required. The construction easement will include all lands that may be used during construction, including for materials storage, excavation and fill areas, erosion control, etc. The final easement for operation will include only the land area required for the gravel access road up the canyon, and access easement to the penstock. Application for penstock/access road easements shall be in accordance with state law 11AAC 05 070. Application fee ranges from $250 to $1,500. Application for lease and easements for the proposed hydro-electric project could require two to four years for DNR to process. Public meetings on the applications are not mandatory, however 30 day public notice is required to inform the public of key steps during the application process. DNR Dam Safety Section. Coordination for dam safety issues related to the proposed hydro- electric project was made by YCE directly in phone conversation and emails with Charlie Cobb, Dam Safety. The following is a summary of important information supplied by DNR, and coordination tasks completed to date: If the impoundment created by the proposed stream intake at elevation 460 ft is less than 50 acre-ft in storage volume, then no permit from Dam Safety Section will be required. The proposed stream intake is essentially a run-of river design with intake box storage volume only to keep water level above the penstock intake. This storage volume is not anticipated to be greater than 50 acre-ft. If the proposed penstock crosses over, or passes thru, the existing concrete diversion dam in Lowell Canyon that directs flow into the Bear Mountain tunnel, then a Dam Safety permit will be required. The US Army Corps of Engineers is currently undertaking a feasibility study of options to increase the safety of the dam and tunnel system during extreme flood events. Alaska Department of Fish & Game (ADF&G) Coordination for fish habitat issues in Lowell Creek related to the proposed hydro-electric project was made by YCE directly in phone conversation and emails with Brian Blossom, Kenai Area Manager, Division of Habitat, ADF&G. According to Mr. Blossom, if there are no fish populations present in the drainage below the proposed intake location, then no fish habitat permit from ADF&G will be required for the project. There may be concern expressed in the water right permit review process regarding minimum seasonal flow for wildlife that drinks from 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 37 Your !Clean Energy ■ Celebrate the pamr of nalure,, Page 6 of 8 the stream between the proposed intake location and the tunnel entrance. This concern may suggest that a minimum flow reservation be kept in the drainage during certain months of the year to support resident and migratory wildlife populations. Coordination for ADF&G flow reservations in Lowell Creek related to the proposed hydro- electric project, and in Marathon Creek for the existing hydro facility, was made by YCE directly in phone conversation and emails with Kevin Keith, FERC Hydropower Coordinator, Instream Flow Program, ADF&G. Stream flow in Lowell Creek at the proposed upper canyon intake location will be required for two to five years, to establish credible duration curves based on precipitation patterns. Some flow reservation may be required by ADF&G from the intake location to the tunnel entrance to support existing wildlife each year when snow melt is depleted from summer thru fall. It is recommended by ADF&G that stream flow at the Marathon Creek impoundment at elevation 720 ft also be measured for two to five years, concurrent with upper Lowell Canyon, to establish credible duration curves based on precipitation patterns. Some portion of Marathon Creek flow may be available to supplement the proposed Lowell Creek Hydro Project. A strict seasonal flow reservation in Marathon Creek will required by ADF&G to support the natural stream ecology and the salmon and trout populations present downstream in First Lake. Federal Energy Regulatory Commission (FERC) Coordination with FERC was made by YCE directly in phone conversation and emails with Ken Hogan, Fisheries Biologist, FERC. The following is a summary of important information supplied by FERC, and coordination tasks completed to date. Mr. Hogan advised that a FERC license may be needed for the project. The City can receive a jurisdictional determination from FERC by filing a Declaration of Intent. This determination would state whether the City could be exempt from having a FERC license for the hydro project. The City can establish priority for a FERC license by filing a Preliminary Permit Application before filing a Declaration of Intent. If granted, the preliminary permit, issued for up to four years, would maintain the City's priority of application for the license (first to file status) during that period. The City now has a priority water right application for hydro on Lowell Creek via the "Application For Water Right" received on March 27 2019 by Water Resources Section of DNR in Juneau. YCE does not recommend that the City file a Preliminary Permit Application to FERC at this time, given that they hold municipal priority of the water right in Lowell Canyon. If the proposed hydro project is found to be jurisdictional and a FERC license is required, an accelerated licensing process is available. FERC has a Small/Low Impact Hydropower Program for small projects with minor environmental effects like Lowell Creek Hydro Project. 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 39 Your !Clean Energy ■ Celebrate the pamr of nalure-- Page 7 of 8 As of the date of this report, the City has not made any filings with FERC for the Lowell Creek Hydro Project. YCE recommends that the City file a Declaration of Intent with FERC soon so that the City will know whether or not a FERC license will be needed for the project. Even a streamlined FERC application could require a three to five year timeline to obtain a license. On a positive note, this extended timeline can coincide with the required DNR hydrologic study; and design of improvements to the dam and tunnel anticipated by ACOE as early as 2023. US Army Corps Of Engineers (ACOE) Coordination with flood control aspects of the Lowell Creek drainage was made by YCE directly in phone conversation and emails with Brand Phillips, Project Manager, Anchorage, US Army Corps of Engineers. The following is a summary of important information supplied by Mr. Phillips, and coordination tasks completed to date. According to Mr. Phillips, ACOE is planning to complete a feasibility study in May 2021 for improvements to the existing diversion wall dam, and the 2,000 ft long tunnel thru Bear Mountain. These improvements may include a new diversion dam and tunnel to be located upstream of the existing ones. The earliest that construction could start on this improvement project is 2023. The timeline of this ACOE improvement project can accommodate coordination for the proposed small hydro project in Lowell Creek. There are no immediate objections or concerns about the proposed small hydro project from ACOE at this time. In practice, the lowest impact alignment for the 42" steel penstock in the area of the existing diversion dam wall would be to pass around the north end of the wall. This could be accomplished by excavating a trench into the canyon hillside adjacent to the end of the concrete wall and installing the steel penstock below grade. The trench would then be backfilled and returned to existing grade conditions. Such an alignment would not require modifications to the existing dam structure which is historic and critical to flood containment in the drainage. In the event that ACOE decides to design and build a new dam wall upstream from the existing, the steel penstock can be incorporated into that new dam wall, allowing the penstock alignment to pass thru it. If the dam is built before the hydro project, that section of penstock can be included with ends capped, so that the City could connect to them when the entire penstock is constructed. Mr. Phillips said that the best path forward in coordinating with ACOE is to keep them informed of the City's plans, meetings, and reports regarding the hydro-electric project, including plans to install flow gaging in the upper canyon. USGS is willing to share the flow data collected since March 5, 2019 at the tunnel outlet, via their web site for Lowell Creek station #15238500. ACOE intends to fund this gaging station for a minimum one year period, with option to continue flow measurements in years going forward. Having flow data from the tunnel outlet will be very helpful to establishing the hydrology of the drainage, including the upper canyon intake location. 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 39 Your !Clean Energy ■ Celebrate the pamr of nalure-TM Page 8 of 8 If you have any questions regarding the above summary report, please feel free to contact me. It is my recommendation at this time that the City proceed forward with the Lowell Creek Hydro Project by filing a Declaration Of Intent with FERC; and preparing a scope for hydrologic study of the Lowell Creek upper canyon, and Marathon Creek impoundment, so that proposals from qualified professionals can received, reviewed and compared. I am available to assist the City with these next steps, and can provide a proposal for this project assistance, if requested. Sincerely, Andy Baker, PE Project Manager YourCleanEnergy LLC 308 G Street#215,Anchorage,AK 99501 907-350-2084 www.yourcleanenergy.us 4e ` If M THE STATE Department of Natural Resources 4-ALA *"KA DIVISION OF MINING,LAND&WATER Water Resources Section GOVERNOR MICHAEL J. DUNLE Southeastern Office 7 AVY P.©.Box 11 1020 L Juneau,Alaska 9981 1-1 020 Main:907.465.3400 TDD:907.269.8411 Fax:907.465.3886 March 27, 2019 John Foutz PO BOX 167 SEWARD, AK 99664 RE: Application for Water Right: Case - LAS 32726 Request for Required Information and/or Documentation— Mr. Foutz: The Department of Natural Resources (DNR), Water Resources Section, received your "Application for Water Right" on March 14, 2019. Your application has been found substantially complete and was accepted for filing. Case LAS 32726 was initiated per 11 AAC 93.040. This date is the provisional priority date of any eventual water right resulting from this application. However, the following item(s) are required to fully complete your application at this time:. • Provide documentation,in the form of an Easement,Lease,Deed or notarized and recorded Water Use Agreement, which authorizes access to the requested water source as the requested water sources is not located within the boundaries of the property where the water is to be used. • Provide a copy of an executed deed,lease agreement,or other possessory interest document showing ownership of or authorization to use the property where the water will be used. • Provide a hydrologic study as the requested water quantity is more than 100,000 gpd from a stream. Advisories: • Be advised that a Alaska Department of Fish& Game (ADF&G) Fish Habitat Permit may be required at the time your Water Right Application is adjudicated. • Be advised that Federal Energy Regulatory Commission (FERC) documentation will be required at the time your Water Right Application is adjudicated. a� 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 1 Accounting Tech Payroll 1 1 Accounting Tech Accounts Payable 1 0 TOTAL: 9 5 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 38 # 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 1 1 Senior IT Tech 1 1 IT Technician 1 1 TOTAL: 3 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 1 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 23 Parks & Recreation Director 1 1 Deputy Director 1 1 Executive Assistant 1 1 Campground Coordinator 1 1 Program Coordinator 1 1 Recreational Assistant 1 1 Maintenance Technician 1 1 Seasonal - Summer 15 4 Seasonal - Winter 2 2 TOTAL: 24 13 39 # 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 3 Total number of authorized positions: 124 Total number of filled positions: 100 40 CO11flucnee Strategics City of Seward Alaska Weekly Session Report 2023 Legislative Session 33rd Legislature— 1St Session Apri12, 2023 Legislature Majority press releases&announcements: House Majority HOUSE FINANCE MOVES BUDGETS OUT OF COMMITTEE (JUNEAU) - The House Finance Committee has completed a comprehensive review and amendment process of HB 39 and HB 41, the state's operating and mental health budgets, and has successfully moved both bills to the House Floor for further consideration. This is a significant step forward in the legislative process and demonstrates the committee's dedication to ensuring that the budget is thoroughly vetted, timely and improved to best serve the needs of Alaskans. "I appreciate all members of the budget subcommittees,the main finance committee, as well as the public for their hard work and participation," stated House Finance Co-Chair DeLena Johnson (R-Palmer). "Much work remains to be done on behalf of Alaskans, but I look forward to continuing that dialogue with my colleagues and our constituents throughout the rest of the budget process. I am pleased that we are on track to get HB 39 and HB 41 over to the other body in a timely manner." P.O. Box 110190,Anchoragc,AK 99511 423 Seward Street,Juneau,AK 99801 41 Confluence Strategies The Alaska House Majority takes pride in the efforts of its members to ensure Alaska's legislative process is functioning responsibly.We hope this reassures Alaskans that their representatives are committed to managing the state's resources effectively. Bills Introduced This Week: SENATE Bill Short Title Prime Sponsor(s) SB 115 PHYSICIAN ASSISTANT SCOPE OF PRACTICE SENATOR TOBIN BY REQUEST SB 116 ASSOCIATE AND PROFESSIONAL COUNSELORS SENATOR GIESSEL BY REQUEST SB 117 REGULATION OF FIREWORKS SENATE RULES BY REQUEST OF THE GOVERNOR SB 118 CRITICAL NATURAL RESOURCES;REPORTS SENATOR MERRICK SB 119 STATE IDENTIFICATION CARD FOR PRISONERS SENATOR MYERS SB 120 EXTEND EDUCATION TAX CREDITS SENATE EDUCATION SB 121 PHARMACIES/PHARMACISTS/BENEFITS SENATOR GIESSEL BY REQUEST MANAGERS HOUSE Bill Short Title Prime Sponsor(s) HB 133 MUNICIPAL SERVICE AREA BOARD REPRESENTATIVE SUMNER MEETINGS HB 134 PROPERTY TRANSFER TAX; MUNI REPRESENTATIVE COULOMBE TELECOMM TAX HB 135 REJECT COMPENSATION COMM REPRESENTATIVE C.JOHNSON RECOMMENDATIONS HB 136 REJECT COMPENSATION COMM REPRESENTATIVE RUFFRIDGE RECOMMENDATIONS HB 137 PHYSICAL THERAPY LICENSURE COMPACT REPRESENTATIVE WRIGHT HB 138 AUD.&SPEECH-LANG INTERSTATE REPRESENTATIVE WRIGHT COMPACT HB 139 CORRESPONDENCE STUDY PROGRAM REPRESENTATIVE RUFFRIDGE FUNDING HB 140 LEG SALARIES;STATE OFFICERS COMP HOUSE RULES BY REQUEST COMM HB 141 ESTABLISHING DON YOUNG DAY HOUSE RULES HB 142 STATE SALES AND USE TAX REPRESENTATIVE CARPENTER HB 143 ADVANCED RECYCLING AND FACILITIES HOUSE RESOURCES HB 144 REPEAL EDUCATION TAX CREDITS SUNSET REPRESENTATIVE RUFFRIDGE P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 42 Confluence Strategies HB 145 LOANS UNDER$25,000; PAYDAY LOANS REPRESENTATIVE WRIGHT HB 146 REGULATION OF FIREWORKS HOUSE RULES BY REQUEST OF THE GOVERNOR HB 147 RETIRED TEACHER CERTIFICATE REPRESENTATIVE DIBERT HB 148 AK PERFORMANCE SCHOLARSHIP; HOUSE EDUCATION ELIGIBILITY HB 149 NURSING: LICENSURE; MULTISTATE REPRESENTATIVE PRAX COMPACT HB 150 RESIDENTIAL BUILDING CODE REPRESENTATIVE SUMNER Bills Tracked: PRIME CURRENT STATUS BILL SHORT TITLE SPONSOR(s) STATUS DATE HB 35 REPEAL CERTIFICATE OF RAUSCHER (H) L&C 02/10/23 NEED PROGRAM HB 49 CARBON OFFSET PROGRAM RLS BY REQUEST (H) FIN 03/20/23 ON STATE LAND OF THE GOVERNOR HB 50 CARBON STORAGE RLS BY REQUEST (H) FIN 03/13/23 OF THE GOVERNOR HB 70 MUNICIPAL PROPERTY TAX TOMASZEWSKI (H) CRA 02/13/23 EXEMPTIONS MUNI PROP TAX HB 84 EXEMPTION/TAX BLIGHTED SUMNER (H) CRA 02/27/23 PROP HB 121 UTILITIES: RENEWABLE SUMNER (H) ENE 03/17/23 PORTFOLIO STANDARD HB 122 RAILROAD CORP. TOMASZEWSKI (H) TRA 03/17/23 FI NANCI NG P.O. Box 110190,Anchoragc,AK 99511 423 Seward Street,Juneau,AK 99801 43 Confluence Strategies HB 133 MUNICIPAL SERVICE AREA SUMNER (H) CRA 03/27/23 BOARD MEETINGS HB 134 PROPERTY TRANSFER TAX; COULOMBE (H) CRA 03/27/23 MUNI TELECOMM TAX SB 33 RENEWABLE ENERGY KAUFMAN (S) FIN 02/17/23 GRANT FUND SB 48 CARBON OFFSET PROGRAM RLS BY REQUEST (S) RES 01/27/23 ON STATE LAND OF THE GOVERNOR SB 49 CARBON STORAGE RLS BY REQUEST (S) RES 01/27/23 OF THE GOVERNOR SB 67 PFAS USE FIREFIGHTING KIEHL (S) FIN 03/31/23 SB 68 PUBLIC NOTICE FOR WATER GIESSEL (S) RES 02/10/23 RIGHTS MUNI PROP TAX SB 77 EXEMPTION/TAX BLIGHTED DUNBAR (S) RLS 03/29/23 PROP SB 79 RECLASSIFICATION OF BISHOP (S) CRA 02/24/23 FIRST CLASS CITIES SB 92 STATE OWNERSHIP OF GIESSEL BY (S) RES 03/08/23 SUBMERGEDLAND REQUEST SB 101 UTILITIES: RENEWABLE TOBIN (S) L&C 03/15/23 PORTFOLIO STANDARD SB 105 RAILROAD CORP. TRANSPORTATION (S) TRA 03/15/23 FI NANCI NG P.O. Box 1 10190,Anchoragc,AK 99511 423 Seward Street,Juneau,AK 99801 44 Confluence Strategies Hearing Schedule Next Week:: (H)COMMUNITY & REGIONAL AFFAIRS Apr 04 Tuesday 8:00 AM BARNES 124 + HB 69 RECLASSIFICATION OF FIRST CLASS CITIES + Bills Previously Heard/Scheduled (S)RESOURCES Apr 05 Wednesday 3:30 PM BUTROVICH 205 �ntati A) cutivem �nergy Aujwty and Bryan Carey, Director of Owed Assets, Alaska Energy Authority Presentation: Interior Gas Utility (IGU) Update by Dan Britton, General Manager, Interior Gas Utility and Elena Sudduth, Director of Public Relations and Customer Service, Interior Gas Utility + Bills Previously Heard/Scheduled **Streamed live on AKL.ty** (H)COMMUNITY & REGIONAL AFFAIRS Apr 06 Thursday 7:30 AM BARNES 124 -- Please Note Time Change -- *+ HB 70 MUNICIPAL PROPERTY TAX EXEMPTIONS += HB 69 RECLASSIFICATION OF FIRST CLASS CITIES -- Public Testimony <Time Limit May Be Set> -- P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 45 Confluence Strategies Apr 06 Thursday 3:00 PM GRUENBERG 120 + SB 38 INTERFERENCE WITH EMERGENCY SERVICES --Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Hearing materials/Documents of interest: HB85 -PROFESSIONAL LICENSING;TEMP PERMITS HB085 FBX Chamber Letter of Support of Universal Temporary Licensure.pdf HB085 Fresenius Universal Temp License Letter of Support.pdf HB085 DCCED-CBPL Universal Temporary Licensure CSHB 85(L&C)Presentation to (H)MVA-3.28.23.12df HB085 Heather Willis, DDS letter of support 03-08-23.pdf HB085 Letter of Support Archbridge Institute.pdf HB085 Letter of Support from AK Board of Pharmacy_pdf HB085 Sectional Analysis CSHB 85(L&Cl ver B 03.22.23.12df HB085 Transmittal Letter 02.23.23.12df HB085 Universal Temporary Licensure White Paper CSHB 85(L&C) 03.22.23.pdf HB085 version B.PDF HB085 Letter SupportAHHA.pdf HB085 Letter of Support-Department of Defense 3.27.23 House MLV.pdf HB085 Summary of Changes ver A to ver B 03.27.23.pdf SB77-MUNI PROP TAX EXEMPTION/TAX BLIGHTED PROP SB 77,Amendment#1.pdf C.Schutte,SB 77,LOS 3.16.23.12df P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 46 Confluence Strategies HB142 -STATE SALES AND USE TAX HB0142A.PDF HB 142 Sponsor Statement.pdf HB 142 Sectional Analysis.pdf Presentation: University of Alaska by Pat Pitney UA House Education Committee Presentation FINAL 3 27 2023.pdf 032423 Sen.Dunbar L&L Alaska MEP Flier.pdf 032423 Sen.Dunbar L&L Alaska MEP Ppt.pptx 032423 Sen.Dunbar L&L Alaska MEP Presentation.pdf kresentation:Alaska Mining Update by CAP&AMA AK Mining map and details FINAL.pdf Alaska Mining Industry-community benefits.pdf CAP-AMA HRES 2023-03-27.12df hLresentation:Municipal Taxes by Nils Andreassen HW&M Municipal Taxes-Alaska Municipal League Presentation.pdf P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 47 Confluence Strategies Administration Governor's Office: Governor's Press Releases Governor Dunleavy Names Board of Fisheries and Board of Game Appointees April 1, 2023 (Anchorage,AK) - Governor Mike Dunleavy appointed four Alaskans to fill open seats on the Alaska Board of Game and the Alaska Board of Fisheries and made two reappointments to the Board of Game. All appointments begin on July 1, 2023. Board of Fisheries Gerad Godfrey (Eagle River) is a Chairman of the FirstNet Tribal Working Group, a Board member of Kizhuyak Oil Sales Inc., the Treasurer of Native Public Media, a Council Member for NVPL, and a director of the Connecting Alaska Consortium. Greg Svendsen (Anchorage) is a third-generation Alaskan, avid hunter and fisherman. He is a member of the Barker Ranch Board of Directors, and leads sponsored duck hunts for combat veterans. Mike Wood (Talkeetna) is a commercial fisherman in the Upper Cook Inlet and the Matanuska-Susitna Borough Fish and Wildlife Commission Chair and the Vice Chair of the Alaska Department of Fish& Game Upper Susitna Advisory Committee. Board of Game Jacob Fletcher (Talkeetna) owns and operates a small guiding operation on Kodiak National Wildlife Refuge and the Kenai National Wildlife Refuge. He is being reappointed and has served on the Board of Game since 2020. Stanley Hoffman (Bethel) is reappointed and has served on the Board of Game since 2008 and had his Assistant Guide License from 1997 to 2017 and his Commercial Fishing Permit from 1983 to 2014. David Lorring (Fairbanks) is an active hunter and fisherman for subsistence. He is a licensed Falconer and president of the North American Falconers Association. In addition, he is a commercial pilot with Wright Air Service in Fairbanks. He is currently a North American Versatile Hunting Dog Association member and hunts upland game birds with his three German Wirehair Pointers. P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 48 Confluence Strategies Governor Dunleavy Signs Fast Track Legislation for SNAP Benefits and Legal Services Friday, March 31, 2023 (Anchorage,AK) - Governor Mike Dunleavy has signed the FY23 Fast Track Supplemental Budget (House Bill 79). The legislation will speed up recertifications for the Supplemental Nutrition Assistance Program (SNAP) and address case backlogs at the Public Defender Agency and the Office of Public Advocacy. "By signing this bill, we are addressing the needs of thousands of Alaskans by ensuring fair and speedy trials and seeing to it that there is food on the table," said Governor Dunleavy. "I want to thank the Alaska Legislature for taking expedited action on this bill." "We are thankful for the Governor's support and the Legislature quickly passing the fast-track budget supplemental bill," said Department of Health Commissioner Heidi Hedberg. "This funding will help the Division of Public Assistance hire additional eligibility technicians and contractors to prepare for Medicaid Redetermination and address the public assistance backlog, including SNAP benefits." HB 79 appropriates $6.8 million in state and federal funds to hire additional public assistance eligibility technicians in the Alaska Department of Health to recertify Alaskans qualified to receive SNAP benefits.Another$4.7 million will fund hiring more attorneys to represent vulnerable or indigent Alaskans in need of competent legal representation. The legislation took effect immediately once it was signed by Governor Dunleavy. P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 49 Conflucnee Strategies Major News Articles / Political Items of Interest Business/Economy Alaska banks on solid ground as concerns about banking crisis spread, regulators and execs say Alaska's banks are on solid footing and lack the problems that have caused other banks to fail in recent weeks, industry observers say. The banking crisis sent shockwaves through global markets and raised questions about how far the fallout will spread. https:I Jwww.adn.com/business-economy/2023/03/27/alaska-banks-on-solid-ground-as- concerns-about-banking-crisis-spread-regulators-and-execs-say/ Pacific Dataport is preparing for the launch of their first purpose-built satellite named the"Aurora 4A" (aka Arcturus). The Aurora 4A satellite will go up as a secondary payload on the SpaceX Falcon Heavy, which launches from the largest pad at the Kennedy Space Center in Cape Canaveral, Florida, pad 39A. The launch is scheduled for Tuesday,April 18, 2023, at 3 pm AK time. https:[/www.kinyradio.com/news/news-of-the-north[pacific-dataport-prepares-to- launch-their-aurora-4a-broadband-satellite/ These are the states with the highest and lowest tax burdens,a report says This year's federal tax filing deadline of April 18 is quickly approaching, and Americans generally pay some mixture of federal, local, and in most cases, state taxes. But the tax burden of some states significantly outpaces others, data shows. https://www.ktoo.org/2023/03/30/tax-burden-by-state-income-property,/ State Budget/Programs Gov. Mike Dunleavy proposes staffing increases and universal temporary licensing to help the agency, as lawmakers propose adding to the burden After waiting six months for a license to operate, an Anchorage psychologist asked Senate Majority Leader Cathy Giessel for help. But when the Anchorage Republican called the licensing office, she was greeted by voicemail. The person in charge of answering the phones had quit and couldn't be replaced. httl2s://www.kinyradio.com/news/news-of-the-north/alaskas-occupational-licensing- division-staggers-under-its-workload/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 50 Confluence Strategies Looming$600M deficit casts shadow over PFD, state budget calculations for legislators The Senate majority caucus hosted a press conference on Tuesday to discuss how Alaska lawmakers are scrambling to find new sources of revenue. The press conference comes a week after Gov. Mike Dunleavy announced a bleak revenue forecast, and as the legislative session moves closer to the last day of the regular session in May. https:://www.alaskasnewssource.com/2023/03/29/looming-600m-deficit-casts-shadow- over-pfd-state-budget-calculations-legislators/ Bill to raise oil tax revenue introduced in the Alaska Senate JUNEAU —Amid a worsening state fiscal outlook, legislation that would raise more revenue from the oil and gas industry has been introduced in the Alaska Senate. httl2s:,//www.alaskajournal.com/2023-03-30/bill-raise-oil-tax-revenue-introduced-alaska- senate State's fix for Alaska's food stamp backlog misses the mark,insiders saX Gov. Dunleavy is poised to sign a bill that will put millions of dollars into a fast-tracked solution to fix the state's months-long backlog. But advocates and insiders say the emergency funding doesn't go far enough— and the biggest problems are going unaddressed. OPINION: State, labor and utilities are aligned on modernizing Alaska's Railbelt grid Today,Alaska has a once-in-a-generation opportunity to capture federal infrastructure dollars and stabilize Alaska's aging Railbelt electrical grid,bringing it up to modern standards. httl2s:,//www.adn.com/opinions/2023/03/31/opinion-state-labor-and-utilities-are- aligned-on-modernizing-alaskas-railbelt-grid/ Politics/Police Alaska House Republican introduces 2% sales tax bill as part of fiscal plan An Alaska House Republican introduced legislation Monday that would establish a 2% state sales tax with few exemptions,but its author stressed it was only intended to pass as part of a broader fiscal plan. httl2s:,//www.adn.com,/politics/alaska-legislature/2023/03/27/alaska-house-republican- introduces-2-sales-tax-bill-as-part-of-fiscal-plan/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 51 Confluence Strategies All in a day's budget debate —voting, sex and taxes Even the smallest pieces of House committee's markup show signs of huge policy battles to come The idea of having a lone state employee dedicate their workday— or even a couple hours of it— to assignments such as election fraud or sex education lawsuits is among the considerations exposing how even the smallest details are creating big rifts and unusual alliances as state House members spend this week working out the fine points of their proposed budget for next year. https:I jwww.juneauempire.com/news/all-in-a-days-budget-deb ate-voting-sex-and-taxesI P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 52 �o City of Seward Department Activity Reports 53 Community Development Department Jason Bickling Director Notes: ➢ The Kenai Peninsula Borough and collective communities were successful in their application for the Safe Streets and Roads for All Grant. This will allow us to develop and plan and prioritize projects which gives access to federal funding. I will be in touch with specific details as this moves forward. ➢ We are working with the attorney on some Short-Term Rental Compliance Issues — type 1 (not properly licensed) and type 2 (improper use of property). After the passed resolution, we will keep you posted in regard to the suit at 2410 Maple. We will also have an appeal hearing on a STR Compliance Letter sent to an operator (type 2) ➢ STR Permit Process in Open Gov. Overall, it has gone really well with STR businesses getting their information put into the system and uploading the documents that are required. We have a few stragglers here and there but definitely a success. Next year will a very simple and efficient process for both the businesses and our department. ➢ We are working on an ordinance for recodification where we are integrating part of Title 8 into Title 15, where it makes most sense. ➢ Selena is beginning to work on the PW GIS system. She is currently collecting as-builts and photos and will begin putting them in the system. ➢ We hired a temporary employee specifically to do the scanning of documents (for all departments) so that Selena can use them in the GIS. It is off to a great start but will be a very long process. ➢ Seward City Tours was selected at the successful proposer for the 2024-2026 Summer Shuttle Contract. We will be bringing that contract before you in the future. ➢ 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 54 the community more effectively and comfortably, especially during inclement weather. ➢ 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. 55 Electric System Director Rob Montgomery ➢ Utility Sale Town halls/Workshops — Public outreach and education efforts regarding the potential sale of Seward's electric system are ongoing. Two community town haIIs/workshops have been scheduled for April 12 and April 19 at the Gateway Hotel. Citizens interested in learning more about the potential sale of Seward Electric System to Homer Electric can drop by anytime between 5:30 p.m. and 7:30 p.m. during those evenings. On March 30, City of Seward Mayor Sue McClure was interviewed by KBBI reporter Sabine Poux on the potential sale, and Council Member Mike Calhoon was interviewed on April 4 by radio personality Chris Story. HEA is also continuing to conduct weekly drop-in sessions for the community each Tuesday, with a 10 a.m. session at the Seward Library and a 2 p.m. session at the Alaska Sea Life Center. ➢ PACAB Meeting, April 5 — Seward Electric personnel (Rob Montgomery and Patrick Burnett) met with the Port and Commerce Advisory Board to update the board on two items: the electric infrastructure project getting underway in May and billing for net metering. ➢ Nash Road Infrastructure Work (Updated) — Seward Electric personnel continues to conduct weekly calls with the construction contractor, Sturgeon Electric, and engineering firm, Dryden & LaRue. Construction activities are set to begin in May and will carry into the winter and into 2024. ➢ Electric Billing (Updated) —The City's Finance and Electric departments continue to engage in discussions with vendors to discuss the outsourcing of electric billing. Should the Finance and Electric departments agree that outsourcing is their recommendation, they will carry the recommendation forward to the City Manager, the Mayor and City Council. 56 Los, -.Udal*�--A 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: The finance department and the Carmen Jackson team continue to work on utility billing issues and resolving old problems identified through internal audits of the City. There are also ongoing billing issues related to the upgrade in the utility billing system that continue to cause problems. The finance department is working with Harris to resolve these issues. Additionally, the City is currently evaluating the option of outsourcing utility billing operations due to continued staffing shortages and challenges with this. Change for summer rates for residential and SGS will be on 4/15 reflected in the 5/31 bill. Annual Audit: The 2022 fiscal year audit has begun with the auditors from Altman, Rogers & Co., having been on site the week of March 20 and planning to remotely complete the audit the week of April 10. The first week of the audit was very productive allowing the auditors to plan on completing the audit remotely. City Code and Fiscal Manual updates: The department continues to review the fiscal manual and portions of the City code with financial implications as part of the overall updates to policies and procedures. 57 IV Fire & Building Department Fire Chief Clinton Crites 2023 TYD Statistical Information: Zz�a Fire & Life Safety Inspections: 67 with 36 violations noted. We NEED volunteers, if you or Emergency Calls: 056 someone you know is interested in serving your community, please New Building Permits Issued 2023: 16 give us a call at 224-3445 or stop with a total construction valuation of $1,844,687. by at one of our trainings on Wednesday evenings at 7:OOpm. • On March 18th 4 Volunteers from Seward Fire and 3 from Bear Creek Fire completed Hazardous Materials Awareness and Operations 40hr course. • Check with the Chamber of Commerce for Fire Extinguisher checks and purchases for your home, business and or short-term lodging. • Mark your calendars; Phoenix Chapter Fundraising Cruise May 27th, • On March 23rd, Seward Fire Department spoke with high school students about joining the team! Jt k r i FIFE y. • 0 mCes CALL 9I ILFN ���� I 5 F, Individuals interested in keeping your home safe from fire should contact a FIRE DEFT. �rLrome ep "ttmenf for more` information 'X. en ure-,,,'-.- -ai 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. ➢ The last thing we need to do is to chlorinate the water system on G, K and L-float, this will happen when the water department turns the water on around the end of April or the first week of May. Then we can acquire our DEC permit. ➢ 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 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) ➢ Please watch your step while transitioning onto the floats the transition plates are still icy in the mornings. 60 Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Alaska Steamship Company Menus Featured in the Windows of History display is a collection of artwork by Josephine Crumrine and Eustace Ziegler that graced Alaska Steamship Company souvenir menus throughout the 1930s- 1940s. You'll also see a brief history of Alaska Steam and some of its historic brochures. 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. Upcoming Events: Saturday Storytime: Join us for Story-time and an activity every Saturday at 11:00 a.m. Saturday, April 1t" @ 11 am National Peanut Butter and Jelly Day- April 1st. Story and craft at 11 am on Saturday. Saturday, April 8t" @ 11 am Cinderella and Prince Charming are coming to the library and is requesting your presence! Come join us Saturday, April 8t" for a craft and story by our local High School Theatre. Library hours Tuesday— Friday 9 a.m. —6 p.m. Saturdays 9 a.m.—5 p.m. Museum Winter Hours Tuesday—Saturday-by appointment only 61 We served 6900 patrons for the month of March 2023. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. APRIL 1ST, 2023 11:00 AM TO 11:45 AM MEETING ROOM AND CHILDREN'S ROOM UPSTAIRS OF THE LIBRARY. FOR NATIONAL PEANUT BUTTER AND TELLY DAY THE SEWARD COMMUNITY LIBRARY & MUSEUM IS PLANNING A READ ALOUD AND FUN CRAFT! Enjoy this fun kid friendly event for all. We encourage all ages for this event! And if allergy's are an issue.You can decorate GF options.. s' \ goo 1 Once upon,a{ime{ ere bwea a Meaut�{�b PrinceSS� gGW Rh+O /a • - p � CTNIOEK L o^ w„ c, �,ovJ re%nests your Presence at he Seward Gommmmtj Library & Museum! T- ,e Seward oig1 School Cinderella and Prince G�arming will he at Ke literary to read a hook! Afterwards Ke Fairy Godmoher will he sere to Wr you create your very owr, magical fairy wand. Please Aoin us for a magical filled afternoon and to support t�e Seward ff igL Sc�ool TL,eatre Ciallective! Afrit S, zon 1 z:66-3:66Pm 62 Parks & Recreation • Welcome to Helen Stewart, our new Executive Assistant! We are so grateful to have Helen joining the team as her experience and calm demeanor are perfectly timed coming into the busy camping season. • With a heavy heart we also have the announcement that our Program Coordinator, Jenny Rutledge, has announced her resignation from the City with a final date of Saturday, April 8t". Jenny has been the stable foundation of this department, constantly adapting and carrying our community through some of the hardest times with creative programming and always with a smile. She will be deeply missed and we wish her the very best with her future plans • Currently recruiting for the following seasonal & FT/YR positions: o Program Coordinator, Program Aides, Campground Attendants, Park Maintenance Workers, Campground & Park Maintenance Aides, Gardener & Parking Attendants. • Emergency preparedness work including safety supply ordering, updating SDS binders &stocking first aid at all sites &vehicles, hand-held radio training, shelter cache inventory and updating/establishing MOA's with partners. • Coordination with Seward Rotary on Lagoon Pavilion improvements. • Ongoing department-wide cleaning, organizing and inventory at all P&R sites. • Maintenance: o Vehicle status inventory/tire orders/repair work orders/detailing and outfitting with safety equipment. o Overall equipment inventory and status and surplus list work ongoing. o Campground shower house prep for painting. o Park Maintenance crew assisting with Animal Shelter move to new location. o Preliminary planning for placement of portable restroom trailer at Williams campground. o Branson Pavilion Hood cleaning scheduled for May 2nd. Inspection &certification to follow. • Campgrounds: o Hosts for 2023 season established for Harbor Side, Alice, Marathon and Resurrection campgrounds, recruiting for Forest Acres &Spring Creek. o Picnic table assembly 30% complete. o Campspot coordination with Finance for better financial communication and reporting flow. o Seasonal training prep including updated training tools, guidance binders and training schedules. o Staff uniforms ordered. o Pre-season garden planning/fall flower order follow up and backup gardening planning. o Select pre-season campgrounds re-surfacing planned pending snow thaw. • Parking: o T2 systems training and equipment status/maintenance checks. o Seeking solutions and quotes for initial template parking lot striping. o Coordination with Harbor for pre-season parking lot sweep pending snow/ice thaw. • 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, campgrounds opening day April 15tn Sports & Recreation at AVTEC Gym: Hours of Operation: Tuesday - Saturday 10am-8pm Sauna hours: Tuesday's &Thursday— Saturday Men: 5-6pm Women: 6-7pm Racquetball court reservations: https://seward.recdesk.com/ -Tuesday - Friday: 2-7pm -Saturday: 10-7pm Pricing: Memberships and punch cards can be purchased online at https://seward.recdesk.com/ 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 63 12 punch passes: $40 6 punch passes: $20 Daily Activities: Tuesday: Open Gym: 10-6pm Senior Walking Hour: 11-12pm Craft Night (multi-purpose room): 6-8pm AVTEC organized activity: 6-8pm (public welcome to join) Wednesday: Open Gym: 11-3pm Senior Walking Hour: 11-12pm Open Pickle Ball: 6-8pm Thursday: Senior Walking Hour: 11-12pm Youth Gym: 12-1pm Open Basketball: 6-8pm Chess Meet up: 6-8pm (multi-purpose room) Friday: Senior Walking hour: 12-1pm Youth Open Gym: 3-5pm Open Volleyball: 6-8pm Saturday: Urbach's Youth Basketball League: 9-12pm Open Rock Wall: 2-4pm Adult Rock Wall: 4-5pm AVTEC Usage: March 1 - March 15: 884 users Ongoing 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 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 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. 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. 64 t I r t � ... _ mm Getting ready for Space Skate! Upcoming Leagues, Events &Activities: March 17: RC Car Race, Branson Pavilion 10-12pm. ages 8-12. $5 Registration at Seward.recdesk.com March 25: DnD One Off (featuring Jared Fink as DM) March 25: Space Night Roller Skating night: 6-8pm, $3 card only. March 21: Adult Dodge Ball Tournament: 6-8pm, ages: 16+, $30 per team. 6 person teams. Sign up at Seward.recdesk.com March 29: Kids Dodge Ball: 6-8pm, $3/membership/punch cards accepted. March Recap: What a March we've had! Great things are happening and people are participating in many of our activities. Youth Climbing clinic, run and put on by Liz Rasmussen, was a huge success for three days during this week. We had to add an extra clinic to meet the demand. 100 participants came to the Spring Forward Skate Night and we're looking forward to our next space themed skate night. Saturdays are busy with Urbach's followed by open rockwall and usually a skate night or other event at night. Craft Night is beginning to bring in participants as well as pickleball. The volleyball league is running well. Competitive racquetball league ended with Kirk DesErmia as champion of the season, with Fred Georges and Danny Meuninck taking second and third place respectively. The recreational racquetball league champion was our very own Liz Rasmussen with Glo Chitwood and Alissa Holcomb taking second and third respectively. Urbach's is going well with 65 youth signups, great volunteer help and an added practice on Tuesdays for ages 7-13. Russ White 65 New Program Highlight: Spring Break Youth Indoor Rock Wall Climbing Clinic took w place March 14-16t" and was a big hit! Sign up demands .. prompted a second session to be added in the s afternoons. Congrats to all of our graduates! F ` w m 7 . r Seward Kite Festival & Loao Contest: Seward's 3rd Annual Kite Festival will take place Saturday April 22. This festival is a gathering for kite enthusiasts. Congratulations to Daphne Barson our 2023 Seward Kite Festival logo design contest winner! Daphne's design will be displayed and featured on event merch. We hope to see everyone out and about at the festival April 22nd) *We are still recruiting food vendors for the kite festival to take place on April 22nd 66 Public Works Department Doug Schoessler - Director ➢ Public Works Director • Public Works Facility Relocation: -The task order to design to 35%passed on the last Council meeting. Thus, R&M Engineering will provide that engineering and a construction estimate for use in bonding for funds to build. They plan to have this all complete in June of 2023. • US Army Corp of Engineers -Tunnel: -The presentation at the March 28 Council meeting went very well. All attendees at the meeting were excited to hear of the progress,design planning,and construction schedule. They are at 35%in design and moving forward. -The annual tunnel inspection group was here separately and completed the yearly walk through inspection. Results are forthcoming. -Additional USACE persons in charge also made visits to Seward to check on the project and do a personal visit here. • Utility extensions: -We are working on the design for current Public Works location water and sewer mains to be ready service all future residential uses. • Federal FEMA and State Emergency Management: - The project will continue with Architectural and Engineering (A&E). This will start the Category C portion for bringing the road to a final condition. .......................................................... ➢ Buildings -We are interviewing for the custodian position that will work on the Library, Annex, and where needed for Public Works. ➢ Streets Department -The Street crews are busing grading roads, sanding, clearing snow piles from corners, improving drainage for melting conditions, and getting equipment ready for sweeping. All tasks being completed are depending on weather condition. Busy! 67 ➢ City Shop -The in-between spring/winter weather has our multiple-equipment uses needing servicing while we change tasks to keep up with the seasonal conditions. The garage doors and openers are being checked and serviced. r 1 r ja y ➢ Water &Wastewater Department -Some construction is already starting this season. The locate requests are coming in steadily. -Water systems and alarms are all showing normal and being monitored daily to ensure water quality is above standards. -Monthly testing of water and wastewater systems is being done and submitted to DEC as required by the permits. -------------------------------------------------------------------------------------------------------------------- ➢ Wastewater Lagoon: • -The City was successful through Senator Murkowski and others in recently getting approved for $2,000,000 of funding for sludge removal on the City's sewer lagoons. This project is tentatively 68 scheduled for 2025 depending on sludge buildup in the lagoons. There is also a 20% match on those funds that will have to be paid. • -We are currently working on other grant or loan funding to replace the liner at that same time. The liner replacement will also require the use of a helicopter to lift out the 40 biodomes and reinstall them on the new liner. • -This will also be the time to make any upgrades to the air systems and blower components since all "in-lagoon" systems will have to be removed to install a new liner. Because the lagoon will have to be drained (one side at a time). We can capitalize on construction costs and efforts by installing new system upgrades at the same time. • The new DEC permits also added a disinfection requirement to be completed in the next 5 years. • -We are working on the funding and coordination of the many components and the planning efforts in the next few years will help make a successful project. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ -A repeating reminder to all residents not to flush wipes,feminine products, etc. down the toilet. Also, never put grease down the drain. Sewer clogs due to these items cost the sewer utility thousands of SS each year to fix the problems that could have been easily prevented. These losses of capital are to be reflected in monthly sewer service rates. 69 HR REPORT INTERIM and PERMANENT CITY MANAGER Mayor McClure and Council Members, Interim City Manager HR was directed to start the process in locating an interim city manager with the departure of City Manager Bower on May 10, 2023. AML was contacted and a list of seven available interim candidates was provided. I contacted the candidates and received three responses to apply and one decline. Complete documents requested by HR have been received from two candidates to date and are included with this report. City Manager The proposal for City Manager Professional Outreach Recruitment has been received from GovHR. Due to their minimal involvement in the candidates review and interview process, the cost is $6,000.00 The candidate review and interview process will be conducted by the Council and HR. GovHR does offer a Full Scope Process which comes with a 12 month guarantee on the candidate we select and the cost for this service is approximately $24,500. For the proposal we received, Professional Outreach, if we do not find a candidate and the job postings form GovHR are expired, GovHR will allow the city to post our position on the GovHRjobs.com Career Center indefinitely. GovHR just ask that we direct future applications directly to the city and not into the GovHR system. Regarding both positions, I am recommending a complete background check to be completed by AML once a candidate has been selected. 70 SCOTT A. HAHN 11545 C.R. 251A, Salida, CO 81201 SAHAHN@yahoo.com (970)319-8947 (Mobile) QUALIFICATIONS SUMMARY • Professional with over 30 year's local government executive management experience. • Executive experience preceded by widely varied support level positions in local, state and private sector businesses. • Exceptionally strong in finance, accounting, budgeting, negotiation, marketing, airports, tourism, natural resources, utilities and health care. • Excellent communication skills. EDUCATION Masters in Public Administration, University of Colorado, Denver. Bachelors of Arts, University of Northern Colorado, Greeley. RELEVANT EXPERIENCE City Manager, Rifle, Colorado July 2018—August 2021. ✓ Accomplished Council request to develop effective team working among all staff. Previously staff was reportedly in disarray and non-cooperative. ✓ Completed reconstruction and expansion of City of Rifle outdoor pool. ✓ Completed numerous utility infrastructure projects including sewer plant improvements and 1.5 miles of city water main. ✓ Hired excellent staff members. ✓ Completed Utility Rate study. ✓ Collaborated with staff to create strategic Street Capital Improvement Program. ✓ Supported numerous bike trail improvements including Rifle Arch Trail. (The Hogback) ✓ New finance and payroll software adopted. ✓ Initiated reconstruction of City Hall. ✓ Initiated and completed rebuilding the entire downtown district and nearby highway bridge. ✓ Collaborated with staff to create aggressive but fiscally responsible capital improvement plans. ✓ Worked through Covid confusions so that staff were fully employed and safety measures instituted so productivity remained high and employees felt safe and happy. ✓ Created programs to help local businesses deal with Covid impacts. ✓ Completed wage study with new compensation package, pay plan then adjusted employees to market. 71 ✓ Obtained numerous grants totaling millions of dollars. ✓ Initiated and completed purchase of Paradise Island on the Colorado River for recreation. ✓ Created public information effort of web postings and weekly City Manager Videos. ✓ Created Rifle Humanity Restoration Crew public campaign with events, marketing and videos. Borough Manager,Skagway, Alaska April 2014—July 2018 ✓ Successfully assumed management of one of the busiest and wealthiest cruise ship ports in the world. Area of borough consisting of 452 square miles. ✓ Worked with international business and governments to expand Skagway port facility for shipping and receiving of oil, gas, minerals, and industrial/commercial supplies for Yukon Territory and State of Alaska development. Investigated and dealt with environmental contamination of ore dock. ✓ Worked on building a reservoir on West Creek and sharing power with the Yukon Territory. ✓ Began developing plans to assume control of cruise ship and mining shipping ports. ✓ Completed significant reviews of budget and finances. Set out instructions for correction and improvement. Managed reserves of$35 million. ✓ Regained oversight of Borough medical clinic. ✓ Worked with community to change borough political model from reactionary to being proactive and strategic. ✓ Assumed management of several privatized campgrounds used for tourism and affordable housing. Improved physical and financial conditions increasing revenue considerably. ✓ Constructed new public safety building housing both fire and police departments. ✓ Helped develop solid waste plan with focus on recycling and sustainability. ✓ Initiated work towards obtaining federal land north of city for expanding local housing options and affordability. ✓ Involved with numerous historical restoration projects. All of city is within the Klondike Gold Rush National Park with extreme levels of development standards. ✓ Improved tourism features such as historic railroad engine and cars. This was my favorite project. ✓ Completed improvements to sewer plant, city water tanks and lines. ✓ Constructed Dedman stage for festivities and musical events. ✓ Purchase of historic property at Nahku Bay. ✓ Management and improvements to numerous tourist facilities, historical sites, trails, and campgrounds. ✓ Construction of Small Boat Harbor building and boat haul out improvements. ✓ Managed daily influx of tens of thousands of visitors. Each day was a new set of visitors with new questions requiring new guidance. Total annual visits of over one million people. ✓ Coordinated core community, satellite communities and business organizations with governing body's decisions. ✓ Involvement with community School projects and operations. 72 City Manager, Petersburg, Alaska January 2010—August 2011 ✓ Successfully mastered new and intense levels of service delivery typically delivered in the lower 48 states by both the municipalities, counties and special districts. City also owned and managed the senior housing, electrical utility, related hydroelectric systems and oversight of city owned hospital and schools. ✓ Managed victorious drive for petition signatures from inside and outside the municipality to form a borough government very similar to county governments. Total area of 3,829 square miles. ✓ Managed and successfully held to budget up to 126 salaried and unionized employees while negotiating contentious new union contracts. Total organizational budget of over$20 million. ✓ Skilled state and federal lobbying resulting in up to $19 million of improvement grants; including ports and harbors. ✓ Provided balanced budget and improved goal measurement techniques. City Manager, Cordova, Alaska January 2003— March 2009 ✓ Mastered an unusually wide range of services including water, wastewater, streets, parks, ports and harbors, solid waste, sales tax, property tax, schools, ski area, fire, police, dispatch, planning, museum, library, union relations, economic development, hospitals and motor vehicle licensing. ✓ Was instrumental in securing approximately $10 million funding assistance for community and fine arts center. ✓ Obtained boat haul out. ✓ One of three individuals of a team selected in the State of Alaska to review and dole out hundreds of millions of dollars as grant money from the 2002 Federal Homeland Security Act to local agencies across Alaska. ✓ Worked well with state officials in developing a $20 million fast ferry service, $20 million ferry docking facility and $19 million bridge replacement. ✓ Improved city tourism through marketing, chamber partnership, capital projects and supporting the needs of related private business. ✓ Promoted and furthered core industry of commercial fishing by learning everything I could about the business and what was needed in our community. ✓ Appointed to serve as emergency Hospital Administrator and received significant bonus for saving facility from closure and personally obtaining state certification to manage hospitals. ✓ Received numerous personal commendations from staff, council and citizenry for work performed and dedication to city with exceptionally long tenure. 73 City Administrator, Salida, Colorado January 1998— February 2002 ✓ After political upheaval of 1997, was selected as first full-time professional city manager and needed change agent bringing numerous areas of government into compliance with law and good management practice. To date holding one of the longest tenures of any Salida City Administrator. ✓ Initiated positive customer service effort by creating new telecommunications system, internet capability, open information, better service attitude and meeting rules of procedure. ✓ Set the direction of city to success by completing strategic comprehensive plans which outlined much of the projects listed below and projects accomplished since separation. ✓ Initiated and fostered the whitewater river front improvements, new concepts for recreation and tourism including creating an event coordination position. City is often now listed as one of the best places to live in the United States. ✓ Corrected chaotic development approval process. Managed increases in economic development pressures with new infrastructure standards, land use codes and expansion of city resources. ✓ Created master water supply plan and increased utility line expansion. ✓ Initiated large land and senior water rights purchase of the Vandaveer Ranch. ✓ Formulated Capital Improvement Plans resulting in the quadrupling of the number of streets paved. ✓ Obtained state financial assistance of over$350,000 to participate in multi jurisdictional effort with SECWCD water district for additional water resources while protecting existing water rights and watershed. ✓ Improved staff morale through respect and delegation, new personnel manual, new wage structure, a training budget and revised retirement programs. ✓ Improved city finances and documentation through digitization, better budgeting and accounting practices, better cash flow management, refinancing of debt and reserve expenditure practices. Initiated downtown historic certification and building program. ✓ Initiated city beautification with downtown tree planting. ✓ Constructed city skatepark, pocket parks, scout but improvements and playgrounds. ✓ Saved utility system from financial collapse while completing city wide meter installations with new water rate and tap fee schedules. ✓ Improved hot springs water delivery with new water lines. ✓ Completed water system expansion to promote and secure economic growth. ✓ Developed comprehensive pool master plan as well as negotiate large insurance settlement to build an attractive new hot springs pool structure. ✓ Helped with significant improvements to Steamplant Fine Arts Theater with several grants totaling over$200,000 as well as personal involvement with grass roots improvement efforts. ✓ Obtained grants for many smaller projects. 74 Town Manager, Hayden, Colorado January 1996—January 1998 ✓ Updated zoning, subdivision and building laws. ✓ Built community confidence and convinced governing body to annex Colorado's third busiest airport which serves the Steamboat ski resort resulting in a 33% increase in sales tax revenue the first year alone. ✓ Completed new town hall and convinced state to complete highway improvements at the same time as city's downtown revitalization construction made possible with approximately$400,000 in grant funds. ✓ Facilitated Council's goals to better manage growth caused by economic boom in local industries of ski resort and mining. Town Administrator, Erie, Colorado January 1989—June 1995 ✓ Aggressively completed over seventy-five improvements in first year alone. ✓ Commended for deft and respectful public and personal communications on divisive community issues. ✓ Accomplished city's goal to put small town Erie on the map and in the crosshairs of development. City became one of the fastest growing cities in Colorado during my tenure due to focusing citizens and governing body recognition of our resource strengths and weaknesses then obtaining those resources for growth; including water, sewer, cable, fire protection and what I termed as economic nodes. ✓ Aggressive marketing and positive promotion brought very beneficial media coverage. ✓ Resolved demise of a failing fly in airport housing subdivision by obtaining Denver International Airport Reliever Status for Tri-County Airport, adopted FAA standards, completed $1,500,000 runway improvement project and obtained a 90%grant to purchase the airport from bankruptcy. This purchase allowed the city to improve the economy while completing subdivision improvements promised to citizens, increasing the number of buildable lots and reduce any illegal activity occurring at the airport. ✓ Improved cash management, budgeting, accounting and finance. ✓ Wrote first professional personnel manual. ✓ Negotiated first cable franchise. ✓ Completed efficient ordinance codification and land use reviews. ✓ Made significant city hall improvements to show pride in community and improve work productivity. ✓ Pulled together multi-jurisdictional effort to complete flood plain project with over $600,000 in grants and assistance resulting in removing the entire downtown area and half of the town from development limitations and high insurance costs. ✓ Obtained $200,000 grant for development of affordable housing. ✓ Negotiated $3,000,000 revenue enhancement agreement. 75 ✓ Made hard won entry into the NWCWCD water district which then placed Erie as having the most affordable water for development and utility improvements in the Denver-Boulder metro area. ✓ Annexed strategic and commercially valuable interstate highway and transportation nodes that allowed for maximum residential, industrial and retail economic growth futures. ✓ Negotiated factory outlet stores. ✓ Initiated rails to trails network and purchased large strategic and valuable land from Railroad Company. ✓ Led effort to improve fire service delivery to allow subdivision approval to begin, to lower ISO ratings and associated insurance costs by joining the Left Hand Fire District. ✓ Had Erie recognized by state regulators as providing superior oversight and control of metro solid waste facilities than other communities in Colorado. ✓ Served as local economic development coordinator and one of Colorado's first movie industry contact agents with the Colorado Economic Development Zone incentive program. ✓ Developed successful campaign to have transportation needs addressed by the newly formed Colorado Department of Transportation in the wake of the recently passed Intermodal Surface Transportation Act of 1991. ✓ Platted and negotiated numerous development proposals for thousands of new homes and businesses. ✓ Initiated and helped to secure future Town Administrator Leon Wurl. Colorado State Auditor and Treasury Assistant, Denver, Colorado September 1987—January 1989 ✓ Spearheaded research on government finance for State Treasurer Gail Schoettler by producing an in depth report on creating a local government investment pool and municipal bond bank. ✓ Handpicked to audit Banking Commission in wake of State's industrial bank crisis which uncovered serious weaknesses in banking system. Prepared and presented report with team to legislative review. Report available upon request. ✓ Provided productive work on aspect of a new Public Deposit Protection Act, mandatory state reviews of local government budgets, the Governor/Lt. Governor audit, audit procedure and state contract manual. ✓ Formulated Colorado State Policy for privatization of government service with audit report to Legislative Audit Committee. This became one of the most requested reports in the State Auditor's Office at that time. Report available upon request. OTHER EXPERIENCE Former Board of Directors member for Colotrust, Colorado's first Local Government Investment Pool. Passed FINRA Series 7 and 66 Investment and Financial Advisor test. Significant experience in private sector businesses. 76 Operated and maintained municipal utilities for Louisville, Colorado city managers Leon Wurl and Terry Hundley. Licenses and permits once held in water, wastewater, collection, distribution, pools, backflow prevention, hospital management and Alaska commercial salmon gillnet. Seasonal employment in streets, parks, recreation, zoo and harbor facilities in Muscatine, Iowa. U.S. Coast Guard certification for 6 pack license certified up to 100 tons. 77 March 31, 2023 Tammy Nickell Human Resources Manager P.O. Box 167 Seward, Alaska 99664 tnickell@cityofseward.net To all it may concern: I am interested in serving as your Interim City manager. Please review the attached resume with over 30 years in city government. From my point of view, it seems I am tailor made for the position. First, am highly experienced in coastal Alaska municipalities particularly with direct experience in commercial fisheries. My experience with the Borough of Skagway brings in the facet of cruise ships, tourism, railroads and limited housing issues. Second, I have always been able to make significant accomplishments within a short amount of time, if that is what you desire. My experience in every city began with building teamwork and respect which resulted in a motivated, productive happy workforce. I may have led and managed people, but they are the reason my resume is so strong. I have numerous letters of reference that may speak to specific issues. There are also comments on social media, from council persons, co-workers, consultants and developers. The following are a few of these. 2018 Orion Hanson, Skagway Assembly Memher: "I've heard from the staff that they really, really enjoy working.for you, and I think they operate as good as they can under your leadership", 2020 Kathy Potoski Rifle Public li fcrrmalion Officer and Court Administrator: ' ou have that calm leadership presence that people need right now", 2021 Misty Williams, Rifle City Clerk: "My thoughts echo those of my,fellow co-workers. You restored a sense of happiness and teamwork.... ", 2021 Danielle Hogan, Rifle Human Resource Director: "Thank you for your genuine care for people. It is rare these days and it is so refreshing", 2021 Tami Sours, Rifle Senior Center Director: "Scott thank you so much for all you have done while here. You brought so many smiles and positivity into the community during the pandemic...I have so enjoyed working,firr you and wish you only the best", 2021 Michael Churchill: Rifle Community Access —Multimedia Manager: "I whole heartily agree with everything nq fellow Dept. Heads have said and shared.... Thank you,/or your genuine care jor people. It has been a blessing". We will miss you. Thank you_for your service to our team, our organization, and this community", 78 1021 Bricm Rwil.v, Rille Public 11'( rks I)ircctor: "}'on huve provided the .stecrdv leoder.ship ice 4111 needed in 1he.iVC1I*.s prier to ('01'11)cmd lin-ther, hilt e.speciu/li,during the pundeinic.... You met it frith clu.s,s. Grumor and('Mill ossurtincc /Or till irho come into contact with voil...Know that i•our legctc.v and stundcn d ii-ill befi,/t card held f d' riltilly YCurs to come...Along iri!!l mv peens, ire !hunk you liir)otn service tind dedication to the C'itY of Rifle, both .,!tiff and public" 2022 Cintiv Appleton, fiwinci• Cordova llllmtin Re.sow-cc Pirectol-: "I will a/i+•cnvs belie ve.voll urC to this dill° the longest reigning and most .succc.sslid tecnn building city inctnugei- in Cordovci, Fivcl% In mY uhno,sl 40 vecn•s of living herd. Period It may seem a bit excessive with all these comments, however I am sure you do not want someone that creates interpersonal chaos for the organization. That will not happen under my management. If contracted this will be my first interim city manager position. However, I was the Interim Hospital Administrator for a period of time while serving as City Manager and was credited with saving the hospital from closure. So, I am capable in interim positions. So, in the end you need someone with proven success not just good intentions. My father always said to place more credence in what someone has done rather than what they say they will do. It's true. You also need someone you enjoy working with. I meet the first criteria. Meeting the second will require the favor of an interview. I do not want to outprice my proposal so I looked at the budgeted financial value you place in the city manager position, which includes salary, retirement, health insurance and Medicare, the responsibility of which rests on me as a contractor. I did not include many things such as travel and training etcetera. I propose a fee of$4000 per week. This should be approximately at or less than what you budgeted for the full-time position. I also will need some sort of short-term housing. Realizing how tight the market is in Seward, I want you to know I am very open to a creative solution. I am willing to commit to several months of service and more after that term depending on each party's circumstances. Let me know as soon as possible. Have a great day. Seward is a great place. Sincerely, Scott A. Hahn 79 Alan 0. Lanning P.O. Box 882204 Steamboat Springs,Colorado 90488 (970)875-4854(C) e-mail: tanning17240agmail.com Career Objective I am seeking a professional level position in management utilizing my private and public management experience. Education University of South Dakota, Vermillion,SD Degree: Master of Public Administration.May-1992 Specialization: Public Management South Dakota State University,Brookings,SD Degree: Bachelor of Arts and Science,Conferred 1982 Major: Political Science Degree: Teaching Credentials, 1989 Minor: Economics/Education Hardside Associate Employer: Murdochs,Craig CO Dates: June, 2021 —Present Duties: I work as a retail associate providing customer service to shoppers and customers,assisting customers in finding products, providing product knowledge and other customer service functions. In addition, I provide inventory support,stocking,pricing, loading and other functions as needed.. City Manager Employer: Goodland,KS Dates: December,2020—Juneer,2021 Duties: Served as the City Manager in Goodland, KS providing complete support in all administrative functions, including budgeting, personnel,public works, streets and electric utility. • 1 primarily worked on developing an RFP,working toward more affordable health care coverage. City Manager Employer: Cordova, AK Dates: October,2016—October,2019 Duties: Cordova is a Home Rule,rural Alaskan community on the castent side of Prince William Sound and a leading commercial fishing port. Cordova hosts a significant pubic harbor,with 700+ commercial fishing vessels and hosts 3 large processing plants. To accommodate the fishing industry,Cordova grows from 2,300 permanent residents, to nearly 5,000 during fishing season. Salmon fishing is the staple industry of the community, with recreational tourism becoming more important and viewed as an area of potential growth. Cordova is a full-service community,employing 60 staff, 5 enterprise funds and one collective bargaining unit, representing all but 16 staff. Cordova has an annual budget of$14 million,with major income streams coming from property taxes,sales taxes and raw fish tax, Several important tasks have been undertaken or completed, includin,: • Comprehensive and complete strategic planning and visioning process,with formal Council adoption. • Renewed focus on building community partners and collaborative project development. • Improved relationships with various community partners and the Community, utilizing public engagement methodologies. • Pursuing funding to complete major harbor renovations,a large hydro project and other community improvements. • Revamping staffing and services to accommodate losses in federal and state funding,intended to make Cordova self-sufficient. • Streamlining departments and service delivery mechanisms utilizing work flow analyses and improved strategic planning. • Complete rebuild of the City budget,including revenue forecasting models, capital project planning and staffing models. • Participated in Alaska Shield exercise including hosting the USCG,MSRT. • Applied for Alaska State Harbor Grant(5m); Build Grant(25m)and secured 5m bond to match State Harbor Grant. Voter approved. Numerous Emergency Management grants, Law Enforcement grants and transportation grants. • Completed ICS 300 and ICS 400 training. 80 City Administrator Employer: Lake Cite, MN Dates: July, 2014—Jul\, 2015 Duties: Lake City is a designated Charter City. Served as the City Administrator providing a wide range of administrative duties, including budget preparation and monitoring and supervising the services of a full service community of over 5,000 residents. Lake City is working to transition,to a more wtiri,m focused economy,utilizing the assets of the Mississippi River corridor to supplement a strong manufacturing base,consisting of Federal ederal Mogul and Hearth and Home. My focus was to guide that transition,working with various community groups and interested citizens. SeN oral important tasks were completed, including: • Public Library Renovation • Visioning Process with the City Council • Improved relationships with various community groups. • Completed ICS(Incident Command System)Certifications City Manager Employer: Central City,CO Dates: August, 2010—March,2014 Duties: Central City is an historic mining town which implemented voter approved, limited stakes gaming in 1993 and expanded to 24-hour gaming in 2007 and hosts over 1.3 million visitors annually. Central City provides police, fire, community development, public works, water, engineering, finance, municipal court and city clerk functions and supervised a total staff of 25. Served as the City Manager, providing a full range of administrative duties including budget preparation and monitoring (7.5 million/3.5 million GF), organizational management, economic development, project management, zoning related issues, development and supervise 6 direct reports,grant writing,working with the casino community,Central City Opera and acted as Historic Preservation Officer: • Reorganized several City departments,addressing stai'f'cxpertise,created Operations Director position. • Implemented financial controls,addressing ongoing and significant budgetary pressures due to reduced gaming revenues. • Completed annexation for large development project,negotiated development agreement. • Completed several important city projects, including a new City parking lot, water plant improvements, Parkway improvements, streetscape project,sign code re-write,clean up of two historic dump sites, implemented water metering plan. • Complete remodel of Cite I lalI and developed employee housing. Completed energy audit and related improvements. • Refinanced several bond offerings,saving$80,000 in costs and improving cash flow,eliminating bonded debt in 2013. • Improved Council relations leading a Council Visioning process. Improved relationship with casino owners and lead a Business Community Visioning process. Improved community relations.Fostered public/private partnerships. • Developed and implemented new transportation system for City,implemented in 5 weeks at a cost savings. • Received Governor's Award for Excellence for Best New Development or Infill Project for mainstreet,streetscape project. • Received APWA (American Public Works Association) award for Best Design and Installation for Water Projects in the small City category. City Manager/Program Director Employer: CH2MHILL Dates: December,2008—March,2010 Duties: Served as the contract start-up City Manager for Castle Pines North, a newly formed statutory city in CO. CH2MHILL through its Municipal Services division provides a wide range of municipal services and is providing a full-service "start-up" for Castle Pines North, including interim City Management Services. Served as the City Manager providing a wide range of administrative services, reporting directly to the Castle Pines North City Council supervising a staff of 6 department level professionals and 1.8 million budget. Successfully completed two large annexations totaling 3,850 acres, designed to have 2,700 housing units and 3.2 million s.f of retail/commercial space. In addition, reduced the"start-up"debt from 1.2 million to$0 with very limited resources. Additionally, developed and implemented a complete set of City ordinances, resolutions, Council policies and procedures, and other regulations specifically designed for a newly formed statutory City, including numerous contracts for services with private vendors. All services were provided by contract. City Manager Employer: City of Steamboat Springs,CO(Ski Town USA) Dates: July,2006—July,2008 Duties: Steamboat Springs is a Home Rule-Council/Manager (ICMA recognized) community of 12,000 residents with seasonal populations up to 50,000 and one of the Big 4 ski resort towns in Colorado. Served as the City Manager providing a wide range of administrative services, which included budget preparation (53 million/27 million GF), financial planning, policy implementation, staff supervision (staff of 300110 direct reports), economic development, organizational management, project management, zoning related issues, development related issues, transportation issues, water rights, airport related issues, recreation related issues, Historic Preservation issues. 81 • Reorganized several City departments,addressing ongoing and significant growth pressures. • Purchased and developed hotel for affordable,community-wide work force housing. • Improved Council/staff relations, including re-introduction of Governance Model, Improved employee morale. • Developed/implemented Watershed Protection Ordinance and Historic Preservation Ordinance utilizing citizen's committee. Improved Vvacation Home Rental Ordinance. • Implemented Inclusionary Zoning Ordinance and Commercial Linkage Ordinance. • Shared responsibility for construction of LEED certified Community Center. • Commissioned comprehensive Economic Development Study. • Worked with Staff and developer on proposed 700 acre,2000 unit annexation. • Presenter(Gaining Public Support For Public Projects)at ICMA Conference in Pittsburgh. • Executive Director of SSRA (Steamboat Springs Redevelopment Authority), negotiating and planning for complete Base Area redevelopment with over I million square feet of commercial and residential development planned. • Implemented expansion of the Parks and Recreation office and maintenance facility. • Invited to apply as a Gates Fellow to the Senior Executives in State and Local Government program. City Manager Employer: City of Brookings,South Dakota Dates: April 2004-June 2006 Duties: Brookings is a Home Rule-Council/Manager(ICMA recognized in 2000) community of 18,504 residents with a Division I- AA University of 12,000 students, municipally owned and operated utilities division, airport and a designated Preserve America community. Served as the City Manager providing a wide range of administrative services, reporting directly to the Brookings City Council per Charter and included budget preparation (19.5 million/10.3 million GF), policy implementation, staff supervision(staff of 113/13 direct reports), economic development/redevelopment, job creation/retention, airport issues, landfill issues, organizational management, project management, university relations, housing and historic preservation related issues, negotiating labor contracts, airport issues,municipally owned utilities division and hospital, recreation related issues. • Co-developed and implemented new economic/promotional/industrial development model,including regional partners on a county-wide basis. Directly responsible for large retail recruitment. • Developed and implemented regional plan for combating West Nile Virus. Partners included all municipalities,Brookings County and South Dakota State University. • Successfully planned and financed Aquatic Center, streetscape project and community center project. • Brookings is home to Daktronics, Larson Manufacturing,3M, Rainbow Play Systems and other manufacturing leaders. • Developed and implemented several new revenue sources. • Developed and implemented new investment policy,which included an innovative on-line bidding process. • Assisted in securing new Essential Air Service. Worked on new airport Master Plan and feasibility/site selection study,the airport expansion is currently proceeding, based upon the study. Staff secured $1,000,000 FAA/AIP grant for fire truck and building. • Significantly improved Council/Manger relations,community relations,relations with other government entities. • Successfully negotiated with Lowe's, Inc. to locate a retail store in Brookings,SD which re-developed an existing and abandoned K-Mart property. The project was referred and approved by the voters. • Significant planning and zoning experience,including growth management, capital projects and drainage plan. • Served on various regional and State boards. Town Manager Employer: Town of Minturn,Colorado Dates: May 1998-March 2004 Duties: Mintum is a Home Rule-Council/Manager(ICMA recognized in 1999) mountain community of 1,200 residents immediately adjacent to Vail, CO and on a Scenic By-Way. Served as the Town Manager providing a wide range of administrative services, reporting directly to the Minturn Town Council per Town Charter. Responsibilities included budget preparation (1.2 million GF)and direction, policy implementation, staff supervision (staff of 12/5 direct reports), economic development, zoning issues, development issues,project management,organizational management,water rights. • Made significant budget and facility improvements, injecting$4.9 million in grants and other"free"sources of funds into the Town budget. Successful Fire District Inclusion Election,three successful TABOR elections. Completely revamped all fee schedules. • Formed the Minturn Visioning Committee,which provided the lead on a number of community projects, including a very successful Farmer's Market(Featured in Colorado Municipalities Magazine and ICMA's,Ideas in Action)and other economic development issues. Market nominated for 2002 Innovations in American Government Award. • Successfully planned and financed new Town Center, Public Works Facility, Fire Station,River Restoration. Developed and financed Town owned employee housing units. Settled large water lawsuit with Vail Resorts. 82 • Significantly improved Minturn's local regional status and implemented improvements in all aspects of personnel. • Significantly improved Council Manger relations, improved community relations, improved relations with other local governments,state and federal agencies. Minturn voted"Best Local Government"in the Vail valley for 2000. • Significant planning and zonin-, experience, including growth management issues and significant"water rights"experience. • Served on numerous regional and State boards. Administrative Assistant to the Moffat County Commissioners/Planning Director Employer: Moffat County Board of Commissioners,Craig,Colorado Dates: January 1996-December 1997 Duties: Served as the Administrative Assistant to the Moffat County Commissioners, reporting directly to the Commissioners and served as the Chief Administrative Officer for Moffat County, Colorado with overall management and administrative responsibilities for the departments of Administration, Planning and Zoning, Risk Management, Budget, Personnel(183 staff)and grants. • Worked directly with the Board of County Commissioners, Elected Officials,and Department Heads. • Developed and implemented policies as directed by the Board of Commissioners. • Researched and administered grants(Energy Impact grant$382,396,GOCO grant$60,000, foundation grant$60,000). • Served on the Great Outdoors Colorado Trust Fund(GOCO)grant review committee. • Preparation,administration,and monitoring of the annual County budget(26 million/7.5 million GF). • Experience gained in financing capital projects(Public Safety Center,Youth Care Center,Library expansion). • Developed a personnel policy and procedure manual for all Moffat County Departments and Elected Officials. • Served as Risk Manager, Directed the County Planning Department. Community Facilities Development Director: Employer: Pinetop-Lakeside, AZ Dates: January, 1998-May, 1998 Duties: Worked a short-term contract to construct a"state of the art" Commerce Park with local, State, Federal and private partners in order to attract high-tech industry to Pinetop-Lakeside. Programs and Projects Specialist II (Evaluation Specialist) Employer: Arizona Department of Economic Security (DES),Office of Evaluation,Phoenix,AZ Dates: November 1992-January 1996 Duties: Worked as a Project Leader performing complex duties related to development and implementation of program evaluations/organizational assessments. • Developed program evaluation design, survey instrument design, data collection, data analysis, developed recommendations, wrote final evaluation reports. • Experience gained in the areas of report writing, strategic planning, management analysis, budgeting, prioritizing multiple tasks and special assignments,writing formal reports, formal presentations,writing and evaluating RFPs. • Major projects included evaluations in the areas of Developmental Disabilities, JOBS, Welfare Reform, Interagency Case Management Plan,Data Network for Human Services,and other special assignments. Research Assistant: Employer: Governmental Research Bureau, University of South Dakota: Dates: 1990-1992. Duties: Various research related projects. Experience gain in program evaluation design, survey instrument design,data collection, data analysis, writing final evaluation reports, strategic planning, management analysis, budgeting, prioritizing multiple tasks and special assignments,writing formal reports, formal presentations,writing and evaluating RFPs. Manager/Private Sector: Employer: Various Dates: 1981 — 1990 Duties: Personnel,production, financial. Honors and Activities ICMA (International City/County Managers Association) Full Member-Credentialed (2006-2010) CCCMA (Colorado City/County Managers Association) Member, AML Member CAST (Colorado Association of Ski Towns) Member CML (Colorado Municipal League-Policy Committee) Member/AML Member GOSCCMA (Great Opens Spaces City/County Managers Association) Board Member Gilpin County Ambulance Authority Board Member 83 ECO (Eagle County Transportation Authority) Board Member SSRA (Steamboat Springs Redevelopment Authority) Executive Director Governor's Award for Excellence for Best New Development or Infill Project(Central City-2012) APWA (American Public Works Association) award for Best Design and Installation for Water Projects (Central City-2012) 84 City of Seward Attn: Tammy Nickell PO Box 167 Seward, AK 9966 Ms. Nickell: I am writing to express my interest for the position of Interim City Manager for the City of Seward. I served as the City Manager in Cordova, AK from 2016-2019. I hold a Master of Public Administration degree with an emphasis in Public Management. I am confident the depth and breadth of my experience and my work in diverse economies and communities, including Alaska experience, has prepared me for the role in Seward. My enclosed resume,demonstrates a diverse background, detailing specific experience and expertise in a broad range of municipal management disciplines. My experience includes State level experience, County level experience and extremely strong local government management experience. I possess superior skills in the areas of Economic Development, Growth, Land Use Policy, public/private partnerships, tourism economies and fishing economies and successful grant writing experience (GOCO, EMIF, BUILD). I have gained considerable knowledge and skills in the following disciplines: • Budget preparation (1.2m to 53m), budget management, financial analysis, financial planning; • Planning and zoning, including annexations and annexation related issues and code revisions, development and redevelopment, airport planning and expansions, historic preservation; • Economic development, including job creation, retail attraction, special events, tourism development, re-development, and traditional main street experience, gaming development; • Public project planning, development and financing, including Base Area Redevelopment, Community Center, Town Hall, Fire Station, Public Works Facility, Water Plant, River Restoration, Aquatic Center, Senior Center, Downtown Revitalization, Retail Attraction, multiple streetscapes, Harbor, Marina, Affordable Housing, Justice Center; • Grant writing and grant administration; Strong Historic Preservation Experience; • Research, evaluation and statistical experience, gained in part working for the Arizona DES; • Program evaluation and organizational management experience; • Human Resources experience, supervising staff ranging from 10 to 300 and union experience; • Urban Renewal Authority experience and traditional "Main Street' experience; • Experience with municipally owned utilities (including telephone and cable), hospitals and airports; • Public presentation experience, including Visioning processes, strategic planning,Town Hall meetings, Comprehensive Plans; • Water rights experience, including public infrastructure planning and installation; • Ballot experience, including debt issuance, public project issues and service delivery issues. I served 3 years in Cordova, completing a 3-year contract. Cordova provided me with Alaska experience, fishing port experience, including 3 large processors, USCG experience serving as host of a USCG bouy tender and Alaska Tribal government experience. My tourism experience speaks for itself, having worked in Steamboat Springs,the Vail. CO area and in Central City, CO a gaming community. While in Cordova, I was instrumental in pursuing funding for our harbor replacement, pursuing local ballot issues, State grant funding and federal funding through BUILD grants. I also advocated for a new campus for the Prince William Sound Science Center, which was completed, adding a significant boost to the local economy. I led a comprehensive strategic planning process and a comprehensive plan process to position Cordova for future success. I understand Alaska budgeting, laws and processes and the relationships necessary for success with tribal governments. 85 I am a successful team builder and exceptionally strong with finances and financial planning and I believe I can contribute strong and diverse technical skills. outstanding communication skills and background diversity. Finally, my extensive and diverse experience in these areas makes me a strong candidate, possessing advanced problem solving skills. fostering innovative and creative ideas and solutions, many in the area of creative funding. I believe I am well suited for an interim role in Seward. I would anticipate a compensation rate of 12-15k per month in an interim role and I would be open to any length of service, anticipating 6-12 months in an interim role allowing for recruiting and transition. Attached you will find my current resume. I may be reached at (970) 875-4854(C). Sincerely, Alan D. Lanning 86 Tammy Nickell From: Alan & Sharol Lanning <lann1ng1724@gmail.com> Sent: Monday, April 3, 2023 2:36 PM To: Tammy Nickell Subject: Re: City of Seward Alaska Interim City Manager Attachments: image001.png This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tammy: I failed to include a start date in my cover letter. I could be available, at Seward's convenience, say anytime within the next two weeks to a month from executing an agreement. I am very flexible. Alan Lanning On Wed, Mar 29, 2023, 5:04 PM Tammy Nickell <1 >wrote: Good afternoon, The City of Seward is actively seeking an Interim City Manager and I was given your information from AML as a possible candidate. This position is expected to begin around May 15, 2023 and will conclude upon the hiring of a permanent City Manager. If you are interested, please submit the following: 1. Cover letter and resume 2. Expected rate of compensation 3. Date and length of time available City Council will evaluate all Letters of Interest and will conduct the interview. If you have any questions, please feel free to contact me at my email address or 907-224-4074. Thank you, Tammy Nickell i 87 a City of Seward, Alaska Request for Proposal City Manager Professional Outreach Recruitment April 3, 2023 GovHR USA GovTEMPS USA 630 Dundee Road Suite 225 Northbrook, IL 60062 Primary Contact Person: Laurie Pederson Director of Administrative Services 847-380-3198 LF'eLlei�on cilVovHRusa.com ;x V' p , 88 GovHR USA GovTEMPS USA Fl� rn ('f-o'II�,, GovHR is a public management consulting firm serving local government clients and other public-sector entities across the country. The firm was originally formed as Voorhees Associates in 2009 and changed its name to GovHR USA in 2013. Our headquarters are in Northbrook, Illinois. We are a certified Female Business Enterprise in the State of Illinois and work exclusively in the public and non-profit sectors.GovHR offers customized executive recruitment services, management studies and consulting projects for local government and organizations who work with local government. GovHR has 21 full-time and 8 permanent part-time employees including 6 full-time recruiters and 26 i additional project consultants. Our employees and project consultants are located across the country,giving us a national presence. Additionally, GovTempsUSA, GovHR's subsidiary,provides interim staffing solutions to keep operations moving during the recruitment process. Our consultants are experienced executive recruiters who have conducted over 1,000 recruitments, working with cities, counties, special districts, and other governmental entities of all sizes throughout the country. In addition, we have held leadership positions within local government, giving us an understanding of the complexities and challenges facing today's public sector leaders. Our leadership ASO Heidi Voorhees Joellen Cademartori President Chief Executive Officer 847-380-3240 847-380-3238 HVoorhees@GoyHRusa.COm JCademartor c,�"�;ovliRusa.corti Ms. Voorhees has conducted more than 400 Ms. Cademartori is a seasoned manager, with expertise recruitments in her management consulting career, in public sector human resources management.She has with many of her clients being repeat clients, attesting held positions from Human Resources Director and to the high quality of work performed for them. In Administrative Services Director to Assistant Town addition to her 17 years of executive recruitment and Manager and Assistant County Manager. Ms. management consulting experience, Ms. Voorhees has Cademartori has worked informs of government 19 years of local government leadership and ranging from Open Town Meeting to Council-Manager management service, including ten years as Village and has supervised all municipal and county Manager for the Village of Wilmette, Illinois. departments ranging from Public Safety and Public Works to Mental Health and Social Services. 2 City of Seward,Alaska—City Manager Recruitment 89 r� GovHR USA GovTEMPS USA Professional Outreach Recruitment Option Summary of Costs: Outreach Price Recruitment Fee: $4,500 Advertising: 1,500* "Advertising costs over $1,500 will be placed only with client approval. If less than$1,500, Client is billed only for actual cost. *Variable Costs: Advertising Expense can range from $1,000 to$2,000 per position depending on the sources used. GovHR offers Professional Outreach to assist our clients with their recruitment process. GovHR services will include the following: ➢ Telephone or Video conference regarding the position and the recruitment process. ➢ Review of position job description and any prior position announcements. ➢ Preparation of a position announcement for client review and approval. Posting of position announcement on GovHR's website (approximately 14,000 monthly views) Y Posting a link and image on GovHR social media sources (Twitter, Facebook, Linkedln (20,000+ connections). ➢ Included in the GovHR Weekly Job Announcement email to over 7,000 GovHR subscribers. y Distribution of position announcement to relevant professional network contacts via direct e-mail or telephone. y GovHR Consultant will dedicate 3 hours to reach out to passive job seekers via email or phone. y Notification to all candidates that the recruitment process is being turned over to the client. Payment for Fees & Services Professional fees and expenses will be invoiced as follows: Recruitment Fee and advertising expenses incurred will be billed upon completion of GovHR's services. Payment of invoices is due within thirty (30) days of receipt. 3 City of Seward,Alaska—City Manager Recruitment 90 rGovHR USA GovTEMPS USA We believe we have provided you with a comprehensive proposal; however, if you would like a service that you do not see in our proposal, please let us know.We can most likely accommodate your request. This proposal will remain in effect for a period of six months from the date of the proposal. We look forward to working with you on this recruitment and selection process! City of Seward, Alaska agrees to retain GovHR USA, LLC ("GovHR")to conduct a City Manager Professional Outreach Recruitment in accordance with its proposal dated April 3, 2023. The terms of the proposal are incorporated herein and shall become a part of this contract ACCEPTED: City of Seward, Alaska By Title l Date: 1 1 _ Billing Contact: J� Billing Contact Email"�/lI��,P'l1��1. -gA,5e,q '�l f GovHR USA, LLC 14� 1 a By: �1)-- V £ Title: I'ICSidCnt Date ___-L li _;;____._ City of Seward, Alaska— City Manager Recruitment 91 00 +-1ON +-1 � Ot.0 -1 —1m � 00000 v v v v v v Q Q Q M N O N LO LO LO LO LO LO LO � al al al al al al al M N O N O N M v O LO LOLO v 0 } z } z } } z M N O N N � , r M v O v O LO 0 } z } z } zz N N O O 0 r N N O a) a) a) M a) O a) 0 0 0 0 Z >- >- >- ( Z Z Z Z Z (1) Q N Q N 0 O O C C ,-1 C + { LO LO LO LON r j w w w w 0 0 (1) r j v O O O v O v d G7 � � � � ZZ G7 � ZZZ � Z � G7 M � M N N O O '-1 cn cn cn cn LO ^ cn cn cn cn cn cn r j w w al al O al r j al O al al al al al N N N O O O � O N �i cn cn cn cn cn cn '-1 cn cn cn cn cn '� cn cn cn cn cn O v O O (U O •E E •E N •E al O ru U) 0 U O ra a) O v U � v LOU � �_ UCL L ra C al N � O 'Q ru � c •O L cn i' V 6 O M a_' — O rz > � (6 n LOL O rz 1 O rB rU rU O O 'n ru � rya E >O � O ru 5 a� o , � o - O ^ v >� >� a�i v CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP ATTORNEYS AT LAW SUITE 302 911 WEST EIGHTH AVENUE ANCHORAGE, ALA SKA 99501 TELEPHONE:(907)272-8401 FACSIMILE:(907)274-3698 bcf@bcfaklaw.com April 4, 2023 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during March. General Matters: We advised on several requests for public records. We continued to advise regarding the lease for the Breeze Inn property. We prepared the annual statement from our office to the City's auditors. Electric Utility: Much of our firm's work for the City in March was spent finalizing a draft of the purchase agreement with HEA. This process includes various meetings with HEA and their attorneys, reviewing and revising drafts of the agreement and preparing exhibits and schedules to the document. Personnel: We advised on multiple personnel matters including an employee arbitration. We worked on amendments to Title 3 and advised regarding creation of employee policies. Planning: We continued to advise regarding potential enforcement actions for violations of the short- term rental code. We continued to advise on an improvement district. 93 Status Report to Seward City Council April 4, 2023 Page 2 of 2 Port: We continued to advise regarding an abandoned vessel and prepared a draft complaint in the event a lawsuit is necessary to remove the vessel. You can expect to receive our next status report by May 2nd. Very truly yours, CHANDLER, FALCONER, MUNSON & CACCIOJl, LLP Sam Severin 94 W„ a F _ N x F w A � b � 1 C 3 ~ ' � 1 az i Al, wIP • lb AP lb �yb 9• — �T ti �O 537�Rq � N // u Z W l.J C Oa I Y W Wes^ nrlo v 2: A c Qz AI PSr'p LJ Ck:W w a� o ox 0 40) z Lu V! r,[ CU WLi m � oW � ° a _= z '.is =o Q �i QW .' �, L � > LLiUJ z _ W �, � - � Qz = a CA o W LU w a0 SC3: LL = Igo < W� Qz � ° 0 TW G , 4�6, A, r-CD 2:K Q_1 2 i z�o3 . n 1 ,'t r w 11 � w C r^rF i `W U US Q [17 N 7 C� 7 C S 4 Q N C Y - U_ CD o E a� ° cfi .Los 4- ° *' L � ca O U O O cn E + U O 0 O U O cn s M 4-1 O � — vi � 4-1U a — m to U O E cn O�0 � 1 4-1O ■ Q S O U — c6 cn U >, U 1 Q U O 0O QO 4-1 U � O cn ca O � U cc O } U O U cc Q • • • • "t O , � O 4) 0 cc3 m v "NQ M • <gZ � ) R ti a: M If , . ', " wNQ 'Ww wu� a d.104 z P N I t } r� r � a e �`t M, N� l d n` ^J r< 1 /• ` _ At ta m e + r F /s ;.A„ 1 i ♦ �/ e'er � Jf M nLnl 4-jO O N cc Av ua� � � � a� CL -0 O � � ca N NNW +-' ca p N Ns >W 106. ig% 0 • O U O E LL � U a�Z W 5 w=a :Ma =Ww d zNa � zZ� s .6 ^iyT .. 1p 14 o f;. --o �- N � -I- 0 O E CE cam N O � O 0- (n -�, N c E cn �W1 U O m ED m •— cn � O � O O� ,� p XE > u +' 4—O cc 4-j L Q M 0) c cn u .� U om I !a' �• o N F � j �� y y 0 1� S ti L 0 :t, B t C � .0 V O ,., p ui � N • � � � � � 4-1 :3trT L� k�i�0 q Lp iui4� di Di 46 + Ln a a �d 0 Ga o •� �y a 0- 0 L 0— L (6 V) 0 (DU " C: +' 0 00 0 t M +� 0/� «Atl Airport Rd O 0— Freight Doc Nk Rd O Ferry o� ?. lS ePaw plV a � an Fourih aye r-ourth If+re T V mg �n m w Brownell Sl Z e P�xluaaµd g«• �� I r .a, r Z J W a , f # J n w a M 4 9Jt a � � n m i a v o < o LL vi 7 P^ �a f CT Y wna � Ln W a--rOr `_ - w•s 2 f I t`�� 3 o t ftf Ln _F ak _ U M LL — i � T N d Ca Q + 19 a v 3 a Q v m' Y i � u a {A a Z L U N Freight Dack Rd Q Z_ er,�inay Ad Q Feld � 6L • . 9itch 4t � t5 epaw elV 401 ❑ F-Itli Ale ,� _ Fourth,nvC W Oak$t i m a�'V 4lrp W13M5 ,!he 51 Afognak A, 4b xivaoy�l y o � Q O W Y J 0 3 r S N 4-' s � +-j 0- O O O cn > E O = u O m — O 0 � N U N s E N N ca N N R = oEa} e9 II i GO ;9EEm3a a� d .6 _ N i t3c "3c t=.� d a3En °off c- O Cc �y cc _ 1 a aJMSH:So;oyd wNa 'WW wu� a d� °NZ z�W zZ� ✓�ti ',lA l��1h tp.r "'� ;pA1Nw `'r�.• � � r..'A ,k >. ���, ✓f - _. .ova r \ n yu+ Y 1 err F i 3 ay X !^ wNa 'WW wu� a djw °NZ NO z�W zZ� t )� li �� 4FIp 3 y + 3` S r! 4M 44. -roc " q�Vi wNa 'WW wu� a d� °yZ W� z�W • Y Z • t y d f M �[ xY 15 &�cC�oft wNQ rWw wu� a odz �NZ LM w�Q a Z BMW ' > ®w Cc CD E Lu cc Lu _0 ■ 0 I 411� 1 i\ r: ,y #v e: +j D � � � o o cn i E ("D O s N U cn � � 4-j U N N O i N N D s LL V " Qm > � U o E E � o D U N ++ J i CD c o M (D m U 0- N O 'm N E N '� L E U cn U •� U cn cn s "m§ o c. i�ittf l;f i St�Ili, p V l ii flip � C Q � d � sd O H a ,r •j j 0. - 1� M t 4� �• ,� � ^.+.� 1ep��1 .ewe ,� ¢,.way! }�. `' +� ✓ yr! ,'� d l�Y4 � !��,$ •j A *v������f / W Y 1. ,°4. '�ybl� r R` � �fis�:�.r 'i. 1��R 1 . ',k �� e'4 l�� '4 - .`' '• �4`i �,' r' �, 3 e�tr ,} � },•� � �.,- +�� Pt '�t�- 1 .i �'sit � � mi IV fel t All, x #r yr"-"'' �.,rpLS Gel• ,� ��. � } - r . . _ 44 • 1 • • • • • 1 • AMP Resolution 2023-041 : Authorizing the City Manager to execute Task Order No. 2734.32 with R&M Consultants for the surveying and staking of the Jesse Lee Home Property in the amount not to exceed $18,977 and appropriating funds. Documents: • Agenda Statement • Resolution 2023-041 • R&M Task Order 114 City Council Agenda Statement y� Meeting Date: April 10, 2023 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Subject: Resolution 2023-041: Authorizing the City Manager to Execute Task Order No. 2734.32 with R&M Consultants for the Surveying and Staking of the Jesse Lee Home Property in an Amount not to Exceed $18,977, and Appropriating Funds Background and justification: As the City begins to finalize the clean-up and move into the development of the Jesse Lee Property, we need to know where the physical boundaries are, especially on the south side. This resolution allocates the funding for the R&M task order to survey and stake the boundaries as soon as the snow melts. The boundary survey will possibly be the expensive part of this as the plat is very old and it's likely that the survey markers are no longer there. It is not a small process to re-establish the corner locations. Should some or all of the corner markers be in place the actual expense will be significantly lower (about 2/3 of this cost). This price is built in the with contingency so that we don't have to come back for more funding and create a delay with that process. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.9.1.2 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ $18,977 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ $18,977 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): X Not budgeted 01000-1122-7009 Contracted Services Not applicable 115 Fund Balance Information Affected Fund (✓): X General SMIC Electric Wastewater Boat Harbor Parking R Water Healthcare Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — restricted $ 2,608,220 Fund Balance/Net position — unrestricted/unassigned $ 6,873,540 Available Unrestricted Cash Balance: $ 9,582,031 Finance Director Signature: ,. Attorney Review RxYes Attorney Signature: Not applicable Comments: Administration Recommendation eApprove Resolution Other: 116 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-041 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Execute Task Order No. 2734.32 with R&M Consultants for the Surveying and Staking of the Jesse Lee Home Property in an Amount not to Exceed $18,977, and Appropriating Funds WHEREAS, the Jesse Lee Home Property is important historically to the Community of Seward; and WHEREAS, the Community is looking forward to the site's future development; and WHEREAS, the next step in the future development of the site is to know the physical boundaries of the site, especially where adjacent to private parcels; and WHEREAS, once the boundaries are physically defined,the steps of prepping the site for future use can be pursued. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to execute Task Order No. 2724.32 with R&M Consultants for the surveying and staking of the Jesse Lee Home Property. Section 2. Funding in the amount of $18,977 is hereby appropriated from 01000-1122- 7209 Section 3. This resolution will take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor 117 CITY OF SEWARD, ALASKA RESOLUTION 2023-041 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 118 March 1, 2023 R&M No. 2734.32 Jason Bickling Community Development Director City of Seward,Alaska 410 Adams St.,City Hall Building Ll ok Seward,Alaska 99664 • RE: Task Order 32- Lot 15B,Jesse Lee Subdivision Staking Dear Mr. Bickling, CONSULTANTS,INC. R&M Consultants, Inc. (R&M) has based this response on the information provided by you in an email 9101 Vanguard Drive dated February 8, 2023. We have reviewed the materials provided to us and have prepared the following Anchorage,Alaska 99507 cost estimate for your review and comment. phone:907.522.1707 We understand that you would like us to perform a boundary survey of Lots 15A and 15B, Jesse Lee fax:907.522.3403 Subdivision, and stake the south property line, northwest corner, and northeast corner of Lot 15B. The lot falls within an older subdivision that has not been retraced in years and might require additional time to recover enough corner monumentation to re-compute the boundary accurately. Once the boundary is determined,we will stake the property line with 3' lathe and spikes at even intervals based on terrain and visibility. Deliverables: ■ Staked property line Schedule: We can begin the project in the spring when the ground is free of snow and ice and complete it within one week. Cost Estimate: Based on the scope and our understanding of the project, we propose a Time & Materials Fee amount $18,977. We have attached a detailed breakdown of our estimated costs for your review. Should you have any questions, please feel free to contact me at 646-9651. Sincerely, R&M CONSULTANTS, INC. Accepted by the City of Seward R&M CONSULTANTS, INC. Janette Bower, City Manager Dave Hale, PLS Senior Land Surveyor (Signature) (Date) Attachment:Cost Estimate Z:\project\2734.00 C Seward On call Engineering Services\19-00 Contract\Estimates\T032 JLH Subd Staking\R&M CofS JLH Subd Staking Proposal.doc 119 e,AK 99507 AK R&M CONSULTANTS, INC. 9i°FontgStreetD#15e0'.Farbankgs,,AK99701.'907.452.5270 7 Surveying and Mapping Services Cost Estimate FIRM: R&M Consultants, Inc. CLIENT: City of Seward Project Name: Jesse Lee Subdivision Lot 15B Staking Project No. 2734.00 Date: March 1, 2023 LABOR HOURS PER JOB CLASSIFICATION Senior Land 2-Person 2-Person SUB-TASK SUB-TASK DESCRIPTION Survey Land Land Party Chief Manager Surveyor Surveyor Surveyor Survey Survey (OT) (PLS) (OT) Crew Crew(OT) Project/Contract Management 3 4 Held)Tasks Mobe/Demobe&Travel To/From Seward 8 Boundary Survey 2 20 6 Boundary Staking 4 2 Office Tasks Research and Comps 8 Field data processing 4 Quality Assurance 2 TOTAL LABOR HOURS 3 is 0 2 32 s 0 LABOR RATES ($/HR) $256.50 $190.95 $128.25 $192.38 $276.45 $414.68 $192.38 LABOR COSTS ($) $769.50 $3,437-10 $0.00 $384-75 $8,846.40 $3,317-40 $0.00 EXPENSES COMMENTS: DESCRIPTION QUANTITY UNIT PRICE MARKUP TOTAL This estimate is to perform a boundary PRICE PRICE survey of Lot 15B and stake the south and Misc.Field Supplies , $ 50.00 $ 50.00 $ $ 50.00 west property lines and southwest corner. R&M Vehicle 4 $ 95.00 $ 380.00 $ $ 380.00 GPS Equip. 0 $ 450.00 $ - $ $ - Per Diem 4 $ 448.00 $ 1,792.00 $ $ 1,792.00 TOTAL EXPENSES $ 2,222 SUB-CONTRACTORS TASK DESCRIPTION FIRM TOTAL PRICE TOTAL LABOR $ 16,755 TOTAL EXPENSES $ 2,222 SUBCONTRACTORS $ - SUBCONTRACTORS MARK-UP $ - TOTAL SUB- $ - TOTAL T&M COST $ 18,977 3/1/2023 CQfS JLH Subd Sta20ng Estimate.xlsx 1 of 1 • AMP Resolution 2023-042 : Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.33, Providing for Recurring Basic Engineering Services, and Appropriating Funds Documents: • Agenda Statement • Resolution 2023-042 • Task Order 2734.33 • List of COS R&M Task Orders 121 City Council Agenda Statement y� Meeting Date: April 10, 2023 To: City Council From: Janette Bower, City Manager Subject: Resolution 2023-042: Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.33, Providing for Recurring Basic Engineering Services, and Appropriating Funds Background and justification: The City of Seward has a number of projects underway and planned for the near future and due to the lack of an in-house Engineering Department, the City relies upon the use of an external engineering firm, R&M Engineering. R&M Engineering has a long history of supporting the City of Seward in this capacity and has staffing to support all of the various engineering disciplines necessary to provide project support. In addition to large-scale project level support, the firm also provides technical assistance in smaller projects and planning functions. R&M Engineering has assisted in a number of instances such as filling staffing gaps such as This Engineering Services proposal is intended to appropriate funding into the operating budget to fulfill many of the recurring smaller scale assistance that comes up on a recurring basis. 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: $ 40,000 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 40,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 01000-1122-7209 x Not budgeted Not applicable 122 Fund Balance Information Affected Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — restricted $ 2,608,220 Fund Balance/Net position — unrestricted/unassigned $ 6,873,540 Available Unrestricted Cash Balance: $ 9,582,031 Finance Signature: C Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation eApprove Resolution Other: 123 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-042 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.33, Providing for Recurring Basic Engineering Services, and Appropriating Funds WHEREAS, The City of Seward has a need of various engineering,planning, and geomatics services on a monthly basis; and WHEREAS, The City of Seward does not have a staff engineer; and WHEREAS,The City of Seward has a number of ongoing projects in addition to recurring, regular work content that will be enhanced and facilitated through the provision of the monthly engineering services retainer; and WHEREAS, it is in the public interest to engage the services of an engineering firm with the required areas of expertise and experience in the various engineering, geotechnical, planning, and geomatics issues; and WHEREAS; Task Order 2734.25.03 will provide for short term professional assistance for work that is expected to be smaller in scope than a separate task would necessitate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to execute task order No. 2734.33 with R&M Engineering for the establishment of a monthly fee for basic engineering services. Section 2. Funding in the amount of $40,000 is hereby appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1122- 7009. Section 3. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of April, 2023 124 CITY OF SEWARD, ALASKA RESOLUTION 2023-042 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 125 March 10, 2023 R&M No. 2734.33 Stephen Sowell Assistant City Manager City of Seward,Alaska 410 Adams St.,City Hall Building Ll Dk Seward,Alaska 99664 • RE: Task Order 33—Ongoing Monthly Professional Assistance Dear Mr. Sowell, CONSULTANTS, R&M Consultants, Inc. (R&M)is pleased to submit this fee proposal to the City of Seward under our On-Call 9101 Vanguard Drive Engineering Services contract to provide Ongoing Monthly Professional Assistance. This proposed task Anchorage,Alaska 99507 order is in response to conversations with you concerning ongoing needs of the City of Seward for professional services on an on-call basis. phone:907.522.1707 fax:907.522.3403 We understand that you would like us to set up a task order for ongoing on-call services that include Engineering, Planning, and Geomatics (including GIS) in the amount of$5,000 per month. The task will be used for short-term professional assistance for work that is expected to be smaller in scope than a separate task would necessitate. It will provide an efficient avenue for the city to utilize professional services on an as-needed basis. We anticipate setting up the task on a fixed-price basis and bill the city$5,000 per month until the end of 2023.At that point,we can re-assess the monthly amount and adjust as necessary. Budgeted amounts that are not used each month will be accumulated and be available for additional service charges in subsequent months.The task will be ongoing but can be terminated at any time at the discretion of the city. Should you have any questions, please feel free to contact me at 646-9651. Sincerely, R&M CONSULTANTS, INC. f (Signature) (Date) Dave Hale, PLS Accepted by the City of Seward Senior Land Surveyor Janette Bower,City Manager Z:\project\2734.00 C Seward On call Engineering Services\19-00 Contract\Estimates\T033 Monthly Professional Assistance\R&M CofS Monthly Professional Assistance Proposal.doc 126 Project Summary 3/8/2023 R&M Consultants, Inc. Task Project Order Task Order Number Budget Number Project Number and Task Descriptions Budget Total Remaining Project Number: 2734.01 C_Seward On Call Svcs: Misc Support Active but no current charges 1 TSK 01 Miscellaneous Support Services $ 20,000 Total for 2734.01 $ 20,000 $ 19,552 Project Number: 2734.07 C_Seward On Call Svcs: KL&G Float Assisting with Closeout as Requested 7.01 TSK 01 KL&G Float Design $ 102,312 7.02 TSK 02 USACE Permitting $ 22,455 7.03 TSK 03 Bidding Support $ 12,292 $ 137,059 7.04 TSK 04 Office Based Construction Support Svcs $ 58,045 7.05 TSK 05 Field Based Construction Support Svcs $ 57,036 Task 4-5 $ 115,081 Total for 2734.07 $ 252,140 $ 108,937 Project Number: 2734.08 C_Seward On-call Svcs:Williams Camp. Project Complete 8 TSK 01 Phase One Concept Design and Cost Est. $ 11,889 Total for 2734.08 $ 11,889 $ - Project Number: 2734.10 C_Seward On Call Svcs:WWT Lagoon Review Ongoing 10 TSK 01 Wastewater Treatment Lagoon-Scoping $ 27,363 Total for 2734.10 $ 27,363 $ 5,945 Project Number: 2734.11 C_Seward On Call Svcs: Shop Phase I ESA 11.01 TSK 01 Phase I ESA $ 5,252 11.02 TSK 02 Phase 11 LSI Field Activities $ 21,735 11.03 TSK 03 Phase 11 LSI Report $ 5,600 11.04 TSK 04 Shop Expanded Pll- S&A Plan $ 11,911 PO2655 TSK 05 Field Activities Limited Source Removal $ 27,447 TSK 06 Reporting Limited Source Removal $ 13,640 Total for 2734.11 $ 85,858 $ 2,162 Project Number: 2734.12 C_Seward On Call Svcs: Harbor CP Project Complete 12.01 TSK 01 Design $ 8,357 12.02 TSK 02 Bid Support $ 3,676 12.03 TSK 03 Construction Support $ 4,496 Total for 2734.12 $ 16,529 $ 1,752 Project Number: 2734.13 C_Seward On call Svcs:Animal Shelter 13 TSK 01 Engineering Support $ 5,000 Total for 2734.13 $ 5,000 $ 1,777 Project Number: 2734.14 C_Seward On call Svcs: Subdivision Dev. Active but No current charges 14 TSK 01 Scoping $ 5,000 Total for 2734.14 $ 5,000 $ 963 City of Seward On Call Term Engineering- Projects Summary 2023-03-08 127 Project Number: 2734.15 C_Seward On call Svcs: Planning Assist. Active but no current charges 15 TSK 01 Civil Assistance $ 21,239 TSK 01 Planning Assistance TSK 01 Survey Assistance Total for 2734.15 $ 21,239 $ (1,720) Project Number: 2734.16 C_Seward On Call Svcs: Grant Research Project Complete 16 TSK 01 Grant Research $ 3,816 Total for 2734.16 $ 3,816 $ 126 Project Number: 2734.17 C_SEWARD On Call Svcs: Campground Utili. Project Complete 17 TSK 01 Campground Utility Extensions Scoping $ 8,754 Total for 2734.17 $ 8,754 $ - Project Number: 2734.18 C_SEWARD On Call Svcs: Hemlock Subdivis. Project Complete. New Task to complete is Task 26 Geotech report was completed. 18.01 TSK 01 Hemlock Subdivision Concept Planning $ 19,471 18.02 TSK 02 Hemlock Subdivision Replat & Rezone $ 56,907 18.03 TSK 03 Hemlock Subdivision Development Cost Est $ 9,553 18.04 TSK 04 Geotechnical Investigation $ 29,855 Total for 2734.18 $ 115,786 $ 656 Project Number: 2734.19 C_SEWARD On-Call Svcs: SMIC Bench Devel. Project Complete. No current Charges 19.01 TSK 01 Phase I: Feasibility Study $ 23,051 19.02 TSK 02 Phase II: Boundary Survey ad Subdivision $ 92,787 19.03 TSK 03 Phase II: Re-Zone $ 7,558 Total for 2734.19 $ 123,396 $ 58,253 Project Number: 2734.20 C_Seward On-call Svcs: Public Works Fac. Project Complete 20.01 TSK 01 Geotechnical Investigation $ 71,591 Total for 2734.20 $ 71,591 $ 14,581 Project Number: 2734.21 C_Seward On-call Svcs: Utility Master Work Ongoing 21.01 TSK 01 Existing Utility Infrastructure Tech. $ 61,649 21.02 TSK 02 Socioeconomic Factors $ 17,687 21.03 TSK 03 Utility Master Plan $ 73,848 Total for 2734.21 $ 153,184 $ 89,005 Project Number: 2734.22 C_Seward Heat Loop Grant Assistance Project is complete. 22.01 TSK 01 Grant Assistance $ 4,830 22.02 TSK 02 Grant Completion $ 11,109 Total for 2734.22 $ 15,939 $ (35) Project Number: 2734.23 C_Seward Ft. Raymond Subdivision Replat and Design Survey are ongoing City of Seward On Call Term Engineering- Projects Summary 2023-03-08 128 23.01 TSK 01 Subdivision Replat $ 25,899 23.02 TSK 02 Design Survey $ 28,656 Total for 2734.23 $ 54,555 $ 2,501 Project Number: 2734.24 C_Seward Animal Shelter SI Project Complete per Ryan 24.01 TSK 01 Lab Unit Price Testing $ 2,790 24.02 TSK 02 Lab Hourly Services $ 15,449 24.03 TSK 03 Special Inspection Services $ 11,732 Total for 2734.24 $ 29,971 $ 4,568 Project Number: 2734.25 C_Seward New Public Works Facility Dimond Blvd. Geotech field and lab work is complete, report is in progress. Final Concept Report with Constrcution Cost Estimate will be submitted soon 25.01 TSK 01 Geotechnical Investigation $ 67,870 25.02 TSK 02 Public Works Building Scoping $ 62,131 Total for 2734.25 $ 130,001 $ 32,947 Project Number: 2734.26 C_Seward Hemlock Subdivision Replat Ongoing 26.01 TSK 01 Subdivision Replat Survey $ 25,084 23.02 TSK 02 Subdivision Replat Planning $ 8,901 Total for 2734.26 $ 33,985 $ 19,809 Project Number: 2734.27 C_Seward Ballaine Blvd Ongoing 27.01 TSK 01 Engineering $ 38,136 Total for 2734.27 $ 38,136 $ 28,220 Project Number: 2734.28 C_Seward Railway Ave Ongoing 28.01 TSK 01 Railway Ave Easements $ 28,184 Total for 2734.28 $ 28,184 $ 12,469 Project Number: 2734.29 C_Seward MP 25 Substation Ongoing 29.01 TSK 01 As-Built Boundary Survey $ 15,765 Total for 2734.29 $ 15,765 $ 15,765 Project Number: 2734.30 C_Seward SMIC SWPPP Support Ongoing 30.01 TSK 01 SWPPP Support $ 5,968 Total for 2734.30 $ 5,968 $ 5,322 City of Seward On Call Term Engineering- Projects Summary 2023-03-08 129 • Amp Resolution 2023-043 : A Resolution of the City Council of the City of Seward, Alaska, Requesting the State of Alaska Legislators Make a Meaningful Increase to the Base Student Allocation (BSA) for Public Schools Documents: • Agenda Statement • Resolution 2023-043 • KPB Resolution 130 City Council Agenda Statement y� Meeting Date: April 10, 2023 To: City Council From: Robert Barnwell, City Council Member Subject: Resolution 2023-043: Requesting the State of Alaska Legislators Make a Meaningful Increase to the Base Student Allocation (BSA)for Public Schools Background and justification: The council recognizes that our public schools are an essential component of our city. They must have adequate state funding in order to continue delivering the quality we have come to expect. If a substantial increase in funding does not occur catastrophic effects, including a reduction in staff, and the closing of our only swimming pool are very real possibilities. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 1.3.5 Educational Facilities 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 Wastewater Boat Harbor Parking F1 Water Healthcare Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: $ Finance Director Signature: 131 Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 132 Sponsored by: Council Member Barnwell CITY OF SEWARD,ALASKA RESOLUTION 2023-043 A Resolution of the City Council of the City of Seward,Alaska,Requesting the State of Alaska Legislators Make a Meaningful Increase to the Base Student Allocation (BSA) for Public Schools WHEREAS, the State of Alaska is constitutionally obligated to establish and maintain a system of public schools; and WHEREAS, under AS 29.35.160, the Kenai Peninsula Borough (KPB) is required to constitute a borough school district and to establish, maintain, and operate a system of public schools on an areawide basis; and WHEREAS, AS 14.17.470 currently states that the Base Student Allocation (BSA) provided by the state is $5,960; and WHEREAS, at current funding levels, the state will only provide 59.5% of Fiscal Year 2024 (FY24) Kenai Peninsula Borough School District (KPBSD) education funding, and local government contributions will make up the majority of the remaining balance; and WHEREAS, education is the single largest budgetary item for the borough; and WHEREAS, the BSA amount per student has slowly degraded due to an upward inflationary trend in the cost of student education; and WHEREAS,requiring the KPB to continually increase local contributions in order to keep pace with rising costs results in decreased spending on other essential programs; and WHEREAS,the KPBSD is facing a$13.1 million budget deficit for FY24,resulting in an increased class size and the elimination of programs important to our students and community members; and WHEREAS, the state has not made meaningful BSA increases since Fiscal Years 2015- 2017 totaling an additional amount of$250 per student; and WHEREAS, Alaska State Senate Members have proposed Senate Bill 52 (SB52) which would increase the BSA by $1,000 per student, and Alaska State House Members have proposed House Bill 65 (HB65)which would increase the BSA by $1,250 per student; and WHEREAS, on February 28, 2023,the Legislative Finance Division Director stated to the House Finance Committee that, "Today, the Base Student Allocation is the lowest it's been in the last 20 years, adjusted for inflation."; and WHEREAS, on March 14, 2023, the Kenai Peninsula Borough Assembly approved 133 CITY OF SEWARD,ALASKA RESOLUTION 2023-043 Resolution 2023-027 to request that the State of Alaska make a meaningful increase to the Base Student Allocation for public schools; and WHEREAS, the Seward City Council joins the borough assembly in this request to the state in the interest of providing students with the most opportunities for education possible. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby requests that State of Alaska legislators make a meaningful increase to the Base Student Allocation(BSA)for Alaskan students in order to bridge the fiscal gap created by a lack of inflationary increases imposed on the Base Student Allocation over the past several years. Section 2.Copies of this resolution will be sent to Alaska Governor Dunleavy, all members of the legislative delegation for the Kenai Peninsula Borough, the Kenai Peninsula Borough Mayor, the Kenai Peninsula Borough School District, the Alaska Education Committees in both the Senate and House, and other interested parties. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of April, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 134 Introduced by: Cox,Elam,Johnson, Tupper,Ecklund Date: 03/14/23 Action: Adopted Vote: 8 Yes,0 No, 1 Absent KENAI PENINSULA BOROUGH RESOLUTION 2023-027 A RESOLUTION REQUESTING THAT THE STATE OF ALASKA MAKE A MEANINGFUL INCREASE TO THE BASE STUDENT ALLOCATION (BSA)FOR PUBLIC SCHOOLS WHEREAS, the State of Alaska is constitutionally obligated to establish and maintain a system of public schools; and WHEREAS, as per AS 29.35.160, the Kenai Peninsula Borough is required to constitute a borough school district and establish, maintain, and operate a system of public schools on an areawide basis; and WHEREAS, AS 14.17.470 currently states that the base student allocation,provided by the State, is $5,960; and WHEREAS, at current funding levels the State will only provide 59.5%of fiscal year 2024 Kenai Peninsula Borough School District education funding and local government contributions will make up a majority of the balance; and WHEREAS, education is the single largest budgetary item for the Kenai Peninsula Borough; and WHEREAS, the base student allocation amount per student has slowly degraded due to an upward inflationary trend in the cost of student education; and WHEREAS, requiring the Kenai Peninsula Borough to continually increase local contributions to keep pace with rising costs resulting in decreased spending on other essential programs; and WHEREAS, the Kenai Peninsula Borough School District is facing a $13.1 million budget deficit for FY24 requiring an increase to class size and the elimination of programs important to our students and community members; and WHEREAS, the State has not made meaningful base student allocation increases since fiscal years 2015 through 2017 totaling an additional amount per student of$250; and Kenai Peninsula Borough,Alaska Resolution 2023-027 Page 1 of 3 135 WHEREAS, Alaska State Senate members have proposed Senate Bill 52 which would increase the base student allocation by $1,000 and Alaska State House members have proposed House Bill 65 which would increase the base student allocation per student by $1,250; and WHEREAS, on February 28,2023,the Legislative Finance Division Director stated to the House Finance Committee that"today,the base student allocation is the lowest it's been in the last 20 years adjusted for inflation". NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Assembly requests a meaningful increase to the base student allocation for Alaskan students in an effort to bridge the fiscal gap created by a lack of inflationary increases to the BSA over the last several years. SECTION 2. That copies of this resolution be sent to Governor Dunleavy and the Kenai Peninsula legislative delegation, the President of the Kenai Peninsula Borough School District Board of Education,the Education Committees of the Alaska House and Alaska Senate, the Finance Committees of the Alaska House and Alaska Senate, and other interested parties. SECTION 3. That copies of this resolution also be sent to all Kenai Peninsula Borough incorporated cities. SECTION 4. That this resolution is effective immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 14TH DAY OF MARCH, 2023. Brent Johnson,Assembly President ATi ST: 0. Michele Turner, C�M ing Borough h Clerk u, x 1964 /lllfillt�l Resolution 2023-027 Kenai Peninsula Borough,Alaska Page 2 of 3 136 Yes: Chesley,Cox,Ecklund,Elam,Hibbert,Ribbens,Tupper,Johnson No: None Absent: Derkevorkian Kenai Peninsula Borough,Alaska Resolution 2023-027 Page 3 of 3 137 • AMP Resolution 2023-044: A Resolution of The City Council of the City of Seward, Alaska, Approving the Acceptance of the 2023 Volunteer Fire Assistance Grant (VFA) In the Amount of $4,229.32 And Authorizing a 10% Match of Funds in the amount of $469.93, And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-044 • Grant Application 138 City Council Agenda Statement y� Meeting Date: April 10, 2023 To: City Council Through: Janette Bower, City Manager From: Clinton Crites, Fire Chief Subject: Resolution 2023-044: Approving the Acceptance of the 2023 Volunteer Fire Assistance Grant (VFA) In the Amount of$4,229.32 And Authorizing a 10% Match of Funds in the amount of $469.93, And Appropriating Funds Background and justification: The Seward Fire Department applied for and has been awarded a 2023 Volunteer Fire Assistance (VFA) grant from the Department of Natural Resources in the amount of $4,229.32. The City is required to provide a minimum of 10% cash match as a condition of the grant. Funding of$469.93 has been identified as the proposed match amount within the current Fire Department Volunteer 2023 budget. The total project value is $4,699.25. The grant funds must be used for purchasing equipment identified in the grant application. This year items requested were 5,751b V-Max Women's weighted training vest and 10, 751b V-Max Men's weighted training vest.These purchases will be used to help with physical agility training for our firefighters to be able to perform in top physical condition and maximize stamina and health needed to protect the lives and property of the citizens of Seward, and further fulfill the physical conditioning needed to perform the firefighting duties in a safe and effective manner. With the high cost of firefighting equipment, the Seward Fire Department continues to seek funding for equipment. Applications for the US Forest Service grants are available annually, pending legislative approval. The City of Seward is fortunate to have these grants to help the rural fire departments and intend to apply whenever they are available. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Volume 1, Page 19 Strategic Plan: Page 18 Other: 2023 Budget Certification of Funds Total amount of funds listed in this legislation: $ 4699.25 This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 469.93 Creates a savings in the amount of: $ 139 ❑ Has no fiscal impact Funds are (✓): ✓ Budgeted Line item(s): 01000-1221-7217-0022 Not budgeted Not applicable Fund Balance Information Affected Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — restricted $ 2,608,220 Fund Balance/Net position — unrestricted/unassigned $ 6,873,540 Available Unrestricted Cash Balance: $ 9,582,031 Finance Director Signature: Attorney Review RxYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 140 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-044 A Resolution of the City Council of the City of Seward,Alaska,Approving the Acceptance of the 2023 Volunteer Fire Assistance Grant(VFA)In the Amount of$4,229.32 And Authorizing a 10% Match of Funds in the amount of$469.93, And Appropriating Funds WHEREAS, the Seward Fire Department applied for, and was awarded, a 2023 Volunteer Fire Assistance Grant from the Alaska Department of Natural Resources (DNR) in the amount of$4,229.32 and WHEREAS,the City of Seward is required to provide a minimum of 10% cash match as a condition of the grant. Funding of$469.93 has been identified as the proposed match amount within the current Fire Department Volunteer 2023 budget; and WHEREAS, the grant must be used for purchasing equipment identified in the grant application. The equipment requested was 5, 751b women's weighted training vest and 10, 751b men's weighted training vest; and WHEREAS, these purchases will help provide our firefighters with the physical training equipment comparable to that of wearing an SCBA pack so they are familiar with the extra weight on a fire ground. This will help our firefighters to be in better physical condition to fight fires as they protect the lives and property of the citizens of Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The 2023 Volunteer Fire Assistance Grant award in the amount of$4,229.32 is hereby accepted to grant revenue account no. 01000-1221-4251-0022 and appropriated to small tools & equipment expense account no. 01000-1221-7217-0022. Matching funds of$469.93 are included in the 2023 budget under small tools & equipment expense account no. 01000-1221- 7217-0022. Section 2. This grant will be used for purchasing equipment identified in the grant application. The requested is 5,751b women's weighted training vest and 10,751b men's weighted training vest. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Council of the City of Seward, Alaska, this loth of April, 2023. 141 CITY OF SEWARD, ALASKA RESOLUTION 2023-044 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 142 j 2023 Volunteer Fire Assistance (VFA) Grant Application Application Period: November 1,2022—January 31,2023 Late, incomplete or illegible applications will not be considered Applicants must attach matching share documentation &signed Assurances - Non Construction Programs & Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements; if not attached application will be considered incomplete. Fire Departments A. List years of last 5 VFA Grants 1, 2022 2. 2021 3. 2019 4. 2017 5. 2015 B. Are you in compliance with past Grants? Yes 0 No ❑ NIA ❑ C. Are you registered with the Alaska Division of Fire & Life Safety? Yes ❑■ No ❑ D. Is your service area population less than 10,000? Yes ❑■ No ❑ E. Is your Fire Department newly organized since January 1, 2022? Yes ❑ No ❑■ F. Project is for? (Check all that apply) Organizing ❑Training ❑■ Equipment/Supplies ❑■ Prevention ❑ G. Grant amount requested: $4,229.32 ($6,000 maximum) Applicant Information Business (Legal Name) of Fire Department: Seward Fire Department Address: PO Box 167, 316 Fourth Ave City; Seward Zip: 99664 Contact Person: Seward Fire Department Phone Number: Work9072244036 Home or Cell: 907-224-3445 Fax: 907-224-8633 Email: sewardfd@cityofseward.net FDID # 26400 Federal Tax ID#92-6000086 SOA Vendor Number COS84266 1) Does your Fire Department have a cooperative agreement with the Alaska Division of Forestry, the Department of Interior (DOI) or the USDA Forest Service? Yes ❑■ No ❑ 2) Your Cooperative Agreement is with: ❑ DOI Agency (BLM, FWS, BIA, NPS) ❑■ Alaska Division of Forestry ❑USDA Forest Service ❑No Cooperative Agreements Agreement Number 3F11 110043000 3) Are fire reports submitted to the Alaska Division of Forestry, BLM-Alaska Fire Service, USDA Forest Service or other federal agencies for all wildland fires attacked? Yes ❑■ No ❑ 4) Are ANFIRS reports submitted to the Alaska Division of Fire & Life Safety? Yes ❑■ No ❑ 5) Does your Fire Department respond to wildland fires outside of your service area? Yes ❑>■ No ❑ 6) Is fire protection available to all residences, businesses and lands within your primary fire protection area without additional charge? Yes 701 No ❑ 7) Do you have a mutual aid agreement with surrounding Fire Departments? Yes X No ❑ 8) Average number of annual fire calls over the last three years? Wildland 2 Other 10 9) How many hours of fire training do you average per person per month? 8 hours. What percent is related to wildland fire training? 1 % What is the Fire Department's ISO rating? 313Y 10)How many paid members does your Fire Department have? 2 How many volunteer members? 22 11)How many members of your Fire Department are NWCG "red-carded" under the Incident Qualification System (IQS)? 3 12)Is your Fire Department NIMS compliant? Yes FOR No ❑ 2023 VFA Gr143AFplication 1 PROJECT DETAIL INFORMATION 10% MINIMUM MATCH REQUIREMENT (VOTE: If awarded a grant, disbursement will be only for items that are listed below. Refer to the manual for instructions on how to get prior approval to make changes to this list of items. There are three types of expenses, on wildland or structural fires, that can be funded under VFA. It should be clear from your description that the item clearly fits within one of these categories: ® Organizational Improvements—legal and administration fees, elections, advertising, etc. associated with forming a district, annexing an area to an existing district, or improving the administration of a newly formed district. ® Equipment, Tools/Supplies, or„Safety Improvements—refer to the instruction manual for description of allowable items • Training_-_b_oth Wildland or Structural Wildland is the priority but structural items can be requested. If in-kind for match is used, list the type (hours attending training, donated time, meeting facility used for training, etc.)on one of the lines of the chart. If you have any questions regarding if certain activities are eligible as in-kind match, contact your local FMO or Fire Staff Officer prior to the application deadline. MAXIMUM FUNDING AWARD IS $6,000 Please indicate below if this item is to be used for Wildland(Wild),Structural (Strut), or Both. Please list items-! order of priority. MATCHING DOF USE ITEM DESCRIPTION MATCH SHARE ONLY Wild $true Both & QUANTITY TOTAL TYPE AMOUNT APPROVED COST PER ITEM COST (Cash or (10% In-kind) minimum) ❑ 751b V-MAX Womens CPAT+ Weighted training vest 5 1,599.75 Cash 159.98 Cost Per Item:319.95 ❑ ❑■ 751b V-MAX Fire House CPAT+ Weighted training vest 10 3,099.50 Cash 309.95 Cost Per Item:309.95 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ TOTALS 15 4,699.25 469.93 Grant Funding Requested (Total cost minus 10%fire department match share) $4,229.32 2023 VFA Grant Application 2 13) In the text box below, briefly justify the need for the requested items. How will the requested items improve the capacity and capability of your rural volunteer fire department? How will the requested items strengthen the fire department's role as a cooperator in wildland fire suppression? Currently,the Seward Fire Department does not have any weighted vests to use for firefighters to train or test for the Wiidland Arduous Duty Work Capacity test(Pack Test)or the Structural Firefighter Candidate Physical Agility Test(CPAT).These standardized vests would allow our firefighters to test more efficiently and maintain their health and fitness which is a major priority for the department. Are 10% matching funds or appropriate matching activities available as of this date? Yes❑■ No ❑ Is match documentation attached? Yes ❑■ No ❑ Signed Assurances-Non Construction, Certifications attached? Yes ® No Have you attached a current copy of your Fire Department Registration? Yes N No ❑ The funding amounts available through the VFA program are limited. There are often more requests than funding available. Due to this limitation some requests may go unfilled, others may receive an amount less than requested, and some will get the full amount requested. VFA funding is dependent on receipt of federal funds and is not guaranteed. Certification Signatory below has the authority to obligate funds (i.e., Fire Chief, Treasurer, or Board Member). The applicant certifies to the best of their knowledge and belief, that the information on this application is true and correct, and if awarded a VFA grant, will use those funds for the sole purpose of completing the project described on this application. The applicant also certifies that they will comply with guidance, procedures, and rules identified in the 2023 Volunteer Fire Assistance Grant Manual. Signature Electronically signed on 01/20/2023 Date 01/20/2023 Type or Print Name LISA MUSICK Title Executive Assistant-Fire DEADLINE: Must be received by JANUARY 31st, at 11:59 PM 2023 VFA Grant Application 3 145 This form is available electronically. Form Approved-OMB No.0505-0027 Expiration Date: 12/31/2018 D' United States - • . • . r Its Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. §552(a), as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. § 180.335, Participants'responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read Instructions On Page Two Before Completing Certification) A. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, or proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (A.2.)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such i ospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PRIAWARD NUMBER OR PROJECT NAME i`y cf Se:earo Fire ?egartment VFF. Grant NAME(S)AND TITLE(S)OF AUTHORIZED REPRESENTATIVE(S) Prefix: 0 First Name: IC.i-tcr. Middle Name: Last Name: r_tes Suffix: Title: ern C1,1 C f SIGNATURE(S) DATE The U.S.Department of Agriculture(USDA)prohibits discrimination in all of its programs and activities on the basis of race, color,national origin,age, disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,political beliefs,genetic information, reprisal,or because all or part of an individuaf's income is derived from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at(202)720-2600(voice and TDD). To file a complaint of discrimination,write to USDA,Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue.S.W., Stop 94 10, Washington,DC 2025 0-94 10,or call toll-free at (866)632-9992(English)or(800)877-8339(TOD)or(866)377-8642(English Federaf-relay)or(800)845-6136(Spanish Federal-relay). USDA is an equal opportunity provider and employer. 146 Instructions for Certification (1) By signing and submitting this form,the prospective primary participant is providing the certification set out on page 1 in accordance with these instructions. (2) The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. (3) The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction, if it is later determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. (4) The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (5) The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,""participant," "person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549,at 2 C,F.R.Parts 180 and 417.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (6) The prospective primary participant agrees by submitting this form that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. (7) The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,check the System for Award Management (SAM)database. (9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (10)Except for transactions authorized under paragraph(6)of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Form AD-1047(REV 12115) Page 2 of 2 147 OMB APPROVAL NO.0991-0002 U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS(GRANTS) ALTERNATIVE I-FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160, of the Drug-Free Workplace Act of 1988 (Pub. L. 100-590,Title V,Subtitle D;41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F,Section 3017.600. Purpose. The January 31, 1989, regulations were amended and published as Part 11 of the MAY 25, 1990, Federal Register(pages 21681- 21691). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE) Alternative I A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession,or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation,and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant,the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notify the agency in writing,within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position,title,to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s)of each affected grant; (1) Taking appropriate personnel action against such an employee, up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973, as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State,or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e)and (f). 1-1 Form AD-1049(REV 5/90) Microsoft word 2000 148 B. The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific gran;: Place of Performance (Street address, city, county, State, zip code) 316 Fourth Avenue,Seward Alaska 99664 Fire Station 1 Check ❑ if there are workplaces on file that are not identified here. City of Seward Fire Department VFA Grant Organization Name Award Number or Project Name Janette Bower-C4y Manager Name and Title of Authorized Representative Yv�,? I I I I Signa r Dat Instructions for Certification 1. By signing and submitting this form,the grantee is providing the certification set out on pages 1 and 2. 2. The certification set out on pages 1 and 2 is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification,or otherwise violates the requirements of the Drug-Free Workplace Act.the agency,in addition to any other remedies available to the Federal Government,may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants,for grantees other than individuals,need not be identified on the certification. If know,they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application,or upon award,if there is no application,the grantee must keep the identity of the workplace(s)on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings(or parts of buildings)or other sites where work under the grant takes place, Categorical descriptions may be used(e.g.,all vehicles of a mass transit authority or State highway department while in operation,State employees in each local unemployment office,performers in concert halls or radio studios). 5. If the workplace identified to the agency changes during the performance of the grant,the grantee shall inform the agency of the change(s),if it previously identified the workplaces in question(see paragraph three). 6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees'attention is called,in particular,to the following definitions from these rules: "Controlled substance"means a controlled substance in Schedules I through V of the Controlled Substances Act(21 U.S.C.812)and as further defined by regulation(21 CFR 1308.11 through 1308.15); "Conviction"means a finding of guilt(including a plea of nolo contendere)or imposition of sentence,or both,by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes "Criminal drug statute"means a Federal or non-Federal criminal statute involving the manufacture, distribution,dispensing,use,or possession of any controlled substance; "Employee"means the employee of a grantee directly engaged in the performance of work under a grant,including:(i)all"direct charge"employees; (ii)all"indirect charge"employees unless their impact or involvement is insignificant to the performance of the grant;and,(iii)temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee(e.g.,volunteers,even if sued to meet a matching requirement;consultants or independent contractors not on the grantees payroll;or employees of subrecipients or subcontractors in covered workplaces). 1-2 Form AD-1049 (REV 5190) 149 USDA.Forest Service OMB 0596-02 17 Fs 15oo-�5 CERTIFICATION REGARDING LOBBYING Applicants should also review the instructions for certification included in the regulations before completing this form. Signature:On this form provides for compliance with certification requirements under 7 CFR 3014-Certification Regarding Lobbying.The certifications shall be treated as a material representation of fact upon v,hich reliance will be placed when the U.S.Forest Service determines to award the co,,ered transaction.grant.or cooperative agreement. Lobbying agreement, the undersigned shall complete and The undersigned certifies, to the best of his or her submit Standard Form-LLL, `Disclosure Form to knowledge and belief, that: Report Lobbying.' in accordance with its instructions. (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to (3) The undersigned shall require that the language any person for influencing or attempting to of this certification be included in the award influence an officer or employee of any agency, a documents for all subawards at all tiers (including Member of Congress in connection with the subcontracts, subgrants, and contracts under grants, awarding of any Federal contract,the snaking of any loans, and cooperative agreements) and that all Federal grant, the making of any Federal loan, the subrecipients shall certify and disclose accordingly. entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or This certification is a material representation of fact modification of any Federal contract, grant, loan, or upon which reliance was placed when this cooperative agreement. transaction was made or entered into. Submission of this certification is a prerequisite for making or (2) If any funds other than Federal appropriated enterin¢ into this transaction imposed by section funds have been paid or will be paid to any person 1352, title 31,U.S. Code. Any person who fails to for influencing or attempting to influence an officer file the required certification shall be subject to a or employee of any agency, a Member of Congress, vigil penalty of not less than S10,000 and not more an officer or employee of Congress, or an employee than S100,000 for each such failure. of a member of Congress in connection with this Federal contract, grant, loan, or cooperative As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. SIGNATURE APPLICANT'S SIGNATURE(BY) TITLE/RELATIONSHIP OF THE INDIVIDUAL IF DATE SIGNED SIGNING IN A REPRESENTATIVE CAPACITY (MM-DD-YYY1I Fire Chief f//C,1 x3 Revised 11-25 2013 150 USDA,Forest Service OMB 0596-0217 FS 1500-35 Burden Statement According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596.0217. The time required to complete this information collection is estimated to average 9 minutes per response, including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin, age, disability,and where applicable,sex,marital status,familial status,parental status, religion,sexual orientation,genetic information,political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director, Office of Civil Rights, 1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free(866)632-9992(voice). TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866) 377- 8642(relay voice). USDA is an equal opportunity provider and employer. Revised 11-25-2013 151 OMB Approval No.0348-0040 ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the ease,you will be notified, As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 of project cost)to ensure proper planning, management U.S.C. §§6101-6107), which prohibits discrimination and completion of the project described in this on the basis of age; (e) the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee- accepted accounting standards or agency directives. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the 3. Will establish safeguards to prohibit employees from Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest,or personal gain, nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, 0) the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646) which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration (5 C.F.R.900,Subpart F), whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply 6. Will comply with all Federal statutes relating to to all interests in real property acquired for project nondiscrimination. These include but are not limited to: purposes regardless of Federal participation in (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) purchases. which prohibits discrimination on the basis of race,color or national origin; (b) Title IX of the Education 8. Will comply, as applicable, with provisions of the Amendments of 1972, as amended (20 U.S.C. §§1681- Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) 1683, and 1685-1686),which prohibits discrimination on which limit the political activities of employees whose the basis of sex;(c)Section 504 of the Rehabilitation principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 152 9. Will comply, as applicable,with the provisions of the Davis- 12. Will comply with the Wild and Scenic Rivers Act of Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act 1968 (16 U.S.C. §§1271 et seq.) related to protecting (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract components or potential components of the national Work Hours and Safety Standards Act (40 U.S.C. §§327- wild and scenic rivers system. 333), regarding labor standards for federally-assisted construction subagreements. 13, Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation 10. Will comply, if applicable, with flood insurance purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593 requirements of Section 102(a) of the Flood Disaster (identification and protection of historic properties), and Protection Act of 1973 (P.L. 93-234) which requires the Archaeological and Historic Preservation Act of recipients in a special flood hazard area to participate in the 1974(16 U.S.C.§§469a-1 et seq.). program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Will comply with P.L.93-348 regarding the protection of human subjects involved in research,development,and 11. Will comply with environmental standards which may be related activities supported by this award of assistance. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 15. Will comply with the Laboratory Animal Welfare Act of Environmental Policy Act of 1969 (P.L. 91-190) and 1966 (P,L. 89-544, as amended, 7 U.S.C. §§2131 et Executive Order (EO) 11514; (b) notification of violating seq.) pertaining to the care, handling, and treatment of facilities pursuant to EO 11738; (c) protection of wetlands warm blooded animals held for research, teaching, or pursuant to EO 11990; (d) evaluation of flood hazards in other activities supported by this award of assistance. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 16. Will comply with the Lead-Based Paint Poisoning program developed under the Coastal Zone Management Prevention Act (42 U.S.C. §§4801 et seq.) which Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of prohibits the use of lead-based paint in construction or Federal actions to State (Clean Air) Implementation Plans rehabilitation of residence structures. under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (9) protection of 17. Will cause to be performed the required financial and underground sources of drinking water under the Safe compliance audits in accordance with the Single Audit Drinking Water Act of 1974, as amended (P.L. 93-523); Act Amendments of 1996 and OMB Circular No.A-133, and, (h) protection of endangered species under the "Audits of States, Local Governments, and Non-Profit Endangered Species Act of 1973, as amended (P.L. 93- Organizations." 205). 18. Will comply with all applicable requirements of all other Federal laws,executive orders,regulations,and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE aoN"P_� City Manager APPLI T ORGANIZATION DATE SUBMITTED City of Seward Fire Department January 10, 2023 Standard Form 424B(Rev.7-97)Back 153 0 M a �i h W � M q55� cc , r � O � V Q 4-4 ' L � 47 •r-+ w 0 154 CITY OF SEWARD main office(907)224-4050 P.O. BOX 167 Police(907)224-3338 Harbor(907)224-3138 SEWARD, ALASKA 99664,0167 � Fire(907)224-3445 City Clerk(907)224-4046 Community Development(907)224-4049 Utilities(907)224-4050 Fax(907)224-4038 January 20, 2023 Mr, Howie Kent, Fire Management Officer State of Alaska, DNR, Division of Forestry Kenai/Kodiak Area Office 42499 Sterling Highway Soldotna, AK 99669 RE: Confirmation of matching grant funds Dear Mr. Kent I am writing this letter on behalf of the City of Seward, for an upcoming application for grant funding from the Department of Natural Resources, Division of Forestry. I am the City's Deputy Finance Director, responsible for managing the City of Seward's budget and grant accounting and reporting. The purpose of my letter is to confirm that the City of Seward does have sufficient resources to provide the required matching funds for this grant. The matching funds have been appropriated within the City's upcoming 2023 budget, which covers the period of January 1, 2023 through December 31, 2023. If you have any questions or require additional information, please do not hesitate to contact me at (907)224-4059. Sincerely, Sully Jusino, Deputy Finance Director City of Seward Phone: (907)224-4059 Fax: (907)224-4038 E-mail: sjusino@cityofseward.net 155 WEIGW I S T.Colvi HOME > ALL WEIGHT VESTS > FIREFIGHTER WEIGHTED VESTS > 75 LB V-MAX'm FIRE HOUSE CPAT + r' 717 156 • 11323-2 City of Seward 7Email: 1/17/2023 Attn: Lisa Musick Contausick()cityofseward.net Seward, AK Qt Units Description Color 1 Shoulders Price Shipping Total 5 ea 751b.V-Max Womens Black 1 Womens 319.95 Incl. $1,599.75 10 ea 75 lb V-Max Fire CPAT Short Black 1 Wide 309.95 $3,099.50 Shipping included to verified LISPS address Tax Exempt Total $4,699.25 Ship to: City of Seward Lisa Musick PO BOX 167 Seward, AK 99664 157 Agenda Statement Date: April 10, 2023 From: Brenda Ballou, City Clerk Agenda Item: Appointment of Election Board for Special Municipal Election BACKGROUND &JUSTIFICATION: According to Seward City Code 04.05.015 (A): "The city election boards shall be the election boards selected and appointed by the Kenai Peninsula Borough assembly, and each member shall be a qualified voter, unless no qualified voter is willing to serve, and a resident within the precinct for which he is appointed. In the case of an election for which an election board has not been appointed by the borough, the city council shall appoint at least three judges in each precinct to constitute the election board; one judge shall be designated as chairman and shall be primarily responsible for administering the election in that precinct..." The Kenai Peninsula Borough assembly is not appointing the election board for the May 2, 2023 City of Seward Special Municipal Election. The city clerk is presenting the following qualified city residents that will constitute the Election Board who have committed to work on May 2, 2023 are: • Mark Kansteiner, Chair • Patty Linville • Cathy Byars • Vanessa Verhey • Andy Bacon • Sharyl Seese The city clerk has verified that all persons listed above are qualified voters in the City of Seward. RECOMMENDATION: City Council approve the Election Board for the May 2, 2023 Special Municipal Election. 158 Agenda Statement 16 Date: April 10, 2023 From: Kris Peck, Acting City Clerk Agenda Item: Appointment of Canvass Board for 2023 Special Municipal Election BACKGROUND &JUSTIFICATION According to Seward City Code 04.01.115 (a), the City Clerk, subject to the approval of the City Council, shall appoint four or more qualified voters who shall constitute the election canvass board for the May 2, 2023 special election. The canvass board is scheduled to convene on May 4,2023 starting at 1:00 p.m.to count the special need,absentee, and questioned ballots. The process is open to the public and will be held in council chambers. This canvass board would comprise of the following City of Seward residents: • Johanna Kinney, Chair • Jennifer Carr • Susie Urbach • Dorothy Osenga • Mary Tougas The city clerk has verified that all persons are qualified voters of the City of Seward. RECOMMENDATION Approve and appoint the above to the Canvass Board for the May 2, 2023 regular municipal election. 159 • swir- Ordinance 2023-007 Adopting Seward City Code Chapter 5.60 to Establish a Trust Fund from the Sale of Seward Electric Services • Agenda Statement • Ordinance 2023-007 • Resolution 2022-087 160 City Council Agenda Statement Meeting Date: March 28, 2023 ► To: City Council From: Janette Bower, City Manager Agenda Item: Ordinance 2023-007: Adopting Seward City Code Chapter 5.60 to Establish a Trust Fund from the Sale of Seward Electric Services Background and justification: On August 8, 2022, the city council adopted 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. In addition to submitting the ballot question to the voter, the resolution mandates, "the City Council will enact an ordinance in advance of the May 2, 2023, election with an effective date contingent on voter approval of the sale of the utility, establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council". This ordinance enacts Seward City Code Chapter 5.60 and establishes the trust fund from the sale of Seward Electric Services and provides the parameters for the trust fund. 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: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other 161 Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Finance Director Signature: Attorney Review x Yes Attorney Signature: Not applicable Comments: Administration Recommendation eAdopt Ordinance Other: 162 Sponsored by: Bower Introduction: March 28, 2023 Public Hearing: April 10, 2023 Enactment: April 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-007 An Ordinance of the City Council of the City of Seward, Alaska, Adopting Seward City Code Chapter 5.60 to Establish a Trust Fund from the Sale of Seward Electric Services WHEREAS, the City of Seward is selling its electric utility, Seward Electric Services ("SES")to Homer Electric Association, Inc. ("HEA"), which sale is to be approved by the voters of the City; and WHEREAS, the City is seeking to offset SES's contribution to the City's general fund each year; and WHEREAS, the City wants to protect the net Proceeds from the sale through long term investment; and WHEREAS, HEA has, as part of its proposal, has agreed to pay the City $1.1 million dollars per year for ten years after closing if the sale is approved by voters; and WHEREAS, the City has determined that placing the funds in an account separate from its general funds provides the most accountability to voters on the use of the net Proceeds from the sale of SES; and WHEREAS, the City has determined the best use for the net Proceeds from the sale and the annual payments by HEA is to be put into a trust fund subject to annual appropriations and certain limitations put in place by the City Council for the benefit of the City and its citizens. NOW, THEREFORE, THE CITY OF SEWARD,ALASKA ORDAINS that: Section 1. Chapter 5.60 is hereby enacted to read as follows: Chapter 5.60 - Trust fund from the sale of Seward Electric Services. 5.60.010 - City of Seward Trust fund established. A. The net Proceeds from the sale of Seward Electric Services Utility shall be used to establish a trust fund with the balance of the Proceeds. B. The trust fund shall be defined as an endowment fund with a controlled spending policy limiting dividend distributions and managed by the City Manager and Finance Director under this chapter with the following stipulations: 1. The fund, or a portion of the funds, shall be maintained in perpetuity as an endowment. 163 CITY OF SEWARD,ALASKA ORDINANCE 2023-007 2. Any use of the fund, or a portion of the fund, separate from the controlled spending policy of the endowment, may only be used for purposes approved by a majority of the voters voting on a ballot proposition in a regular or special election; 3. Under the endowment's-controlled spending policy, an annual dividend may be appropriated by the City Council provided that the annual appropriation does not exceed four and one-half percent (4.5%) of the average asset balance of the trust. C. The fund shall be invested and managed in accordance with this chapter. 5.60.020 -Definitions. In this section, unless the context clearly indicates otherwise: Annual earnings. Means the amount of interest, dividends, and realized gains and losses from investment activities at the end of each fiscal year. Annual dividend. Means the amount annually appropriated by the City Council from the City of Seward Trust Fund and distributed to the City's general fund. The annual dividend is subject to the controlled spending policy and shall be paid no later than 15 days prior to the end of the fiscal year in which the dividend is appropriated. Average asset balance. Means the market value of the `trust' assets, including accrued investment interest and dividends, averaged according to the following specified terms: 1. 2025 annual dividend payment is to be based on the average asset balance associated with the trailing two consecutive quarters ending June 30, 2025. 2. 2026 annual dividend payment to be based on the average asset balance associated with the trailing four consecutive quarters ending December 31, 2025. 3. 2027 annual dividend payment to be based on the average asset balance associated with the trailing eight consecutive quarters ending December 31, 2026. 4. 2028 annual dividend payment to be based on the average asset balance associated with the trailing twelve consecutive quarters ending December 31, 2027. 5. 2029 annual dividend payment to be based on the average asset balance associated with the trailing sixteen consecutive quarters ending December 31, 2028. 6. 2030 annual dividend payment to be based on the average asset balance associated with the trailing twenty consecutive quarters ending December 31, 2029. Annual dividend payments beyond 2030 will be based on the average asset balance associated with the trailing twenty consecutive quarters ending December 31 of the calendar year before the payment. City of Seward Trust Fund. Means: 1. The aggregate of the following Proceeds previously deposited by the City Council: a. Net Proceeds from the sale of SES; Plus: 2. Increases from: 164 CITY OF SEWARD,ALASKA ORDINANCE 2023-007 a. Residual market value appreciation remaining after paying the annual dividend each fiscal year, in accordance with the controlled spending policy; b. Inflation-proofing from available annual earnings; c. Any other amounts the City Council may add. Reduced by: 3. Fund expenses. Endowment method. Means a long-term investment strategy that promotes corpus growth by establishing a controlled spending policy, thereby requiring the annual dividend calculation to be tied to a rolling average asset balance of the trust and providing for reinvestment of any net annual earnings remaining after the annual dividend is determined. Fund expenses. Means incurred expenses which are reasonably prudent and necessary to manage and invest the assets of the trust, including all fees charged by external service providers such as investment managers, advisors, custodians and other professionals, and also including the City's internal direct and indirect expenses incurred in providing administrative and oversight services for the benefit of the trust. Fund expenses are funded by annual earnings and are allocated to the trust on a pro-rata basis. HEA. Means Homer Electric Association, Inc. Proceeds. Means the Initial Payment from the sale of SES, including the Escrow Account (when funds are released one year after closing) but does not include the deferred or annual payments. SES. Means Seward Electric Services Utility. 5.60.030 - City of Seward Trust Fund established. Pursuant to this chapter, there is hereby established the City of Seward Trust Fund as Fund to be defined as an endowment fund with a controlled spending policy limiting dividend distributions and managed by the City Manager. 5.60.040 - Controlled spending policy. A. No more than four and one-half percent (4.5%) of the average asset balance will be available for annual dividend distribution though regular distributions. B. The amount of the annual dividend distribution from the available amount is subject to annual appropriation by the City Council. 5.60.060 -Net annual earnings. Annual earnings are reported net of fund expenses.Net annual earnings remaining after paying the annual dividend each fiscal year are reinvested in the trust on a pro-rata basis. 165 CITY OF SEWARD,ALASKA ORDINANCE 2023-007 5.60.070 - City Council appropriation. Subject to and in accordance with the controlled spending policy, the City Council shall make an appropriation from the City of Seward Trust Fund on an annual basis to provide an annual dividend from the fund to replace or offset SES's Seward General Fund contribution. 5.60.080 -Management of the funds. The City Manager and Finance Director shall manage the trust in accordance with the provisions of this chapter. A. The City may contract with such investment managers, advisors, custodians and other professionals as are reasonably prudent and necessary to manage and invest the assets of the trust. B. The assets of the trusts shall be managed and invested in accordance with this chapter. 5.60.090 -Investment objectives. The investment objectives of the trust are to utilize a balanced investment approach, combined with a controlled spending policy,to preserve the purchasing power of the corpus and to maximize rates of return over time by investing in equity and fixed income instruments, real estate and alternative investments and strategies,within prudent levels of risk and consistent with established endowment investment practices. 5.60.100 -Investment policy. An investment policy, consistent with this chapter, for the investment of the trust, shall be established by the City Council by resolution and from time to time modified, as necessary. 5.60.110 -Authorized investments and restrictions. In addition to the investments authorized by SCC 5.15, but subject to any additional investment restrictions put in place by the City Council, the assets of the trust may be invested in the types of investments authorized by resolution of the City Council. 5.60.120 -Reporting. A. An annual report on the performance of the trust, including net annual earnings and investment holdings, shall be submitted to the City Council by March 15 of each year. B. By March 15, 2026, and by the same date every fifth year thereafter, the City Manager shall review the controlled spending policy and recommend adjustments, as necessary, to maintain the long-term purchasing power of the City of Seward Trust Fund. Section 2. This ordinance shall take effect ten (10) days following its enactment with funding of the trust occurring on the date of closing of the sale of SES. 166 CITY OF SEWARD,ALASKA ORDINANCE 2023-007 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 1 Oh day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 167 f, ,I i, Sponsored by: Bower Ji CITY OF SEWARD,ALASKA RESOLUTION 2022-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF SELLING THE CITY OF SEWARD ELECTRIC UTILITY TO THE QUALIFIED CITY OF SEWARD VOTERS AT A SPECIAL ELECTION 1N AND FOR THE CITY OF SEWARD ON MAY 2, 2023 WHEREAS, the City of Seward owns and operates the electric utility with approximately 2,900 meters and limited financial resources; and 'VVl-[EREAS, the 1inancial burden associated with increasing technological demands, completing infrastructure inaprov cmcrats, meeting more stringent industry standards and attracting and maintaining qualified employees, has led to the City Council's consideration of selling the City's electric utility: and WHEREAS, it is in the public's interest to pro%icic consumers with saf'c anti reliable electric ticrvice along with rc,rscntable rates and value-aided pro�r,nns and services while, also 1 manaEaino the City's assets for the long-term benefit of the citizens of the City; and r NVIIFREAS, prior to voter approval of the proposition to sell the: electric utility, the City ik ���ill issue 4a l.imitcd Solicitation Request fE,r I'ra�p��sals from intereste(f aruf qualified electric utilities in Alaska to provide electric services. an(l , WHEREAS, follo%�M receipt of the h -oposals, the City will iic(,otiate Nvith, and select, the utility most yu,�Pitie(i to niect tlic electric service needs of Sc��and �i bile also sharing the City's community-focused values; and WHEREAS,the selected utility will be announced to the public prior to the vote on selling the utility and the selected utility will be authorized to provide public information to City voters; and k i i WHEREAS, the City Council will enact an ordinance in advance of the May 2, 2023, y election with an effective date contingent on voter appi-ov tl oI'tlic sale of the utility, est,iblishing j a permanent fund for the receipt. investment, and use of'procceds from the sale and to (lircct that c permanent fund revenues be used to snake a yearly transfer to the General FFunci and to fund capital improvements approved by the City Council; and s WHEREAS, Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of municipal utility or of property and interest in property used or useful in the operation of uti1 0, only after a proposition to do so is approval by three-fifths of the electors (voters) of the city voting on the proposition. i "( NON`',THEREFORE, BE IT RESOLVED BY THE CITY COt.'N(.'l1, OF THE CITY i d 168 JJ! i8 1 CITY OF SEWARD, ALAS1jA RESOLUTION 2022-087 OF SEWARD, ALASKA, that: Section 1. The City shall submit the lUllow in, proposition to the qualiticd voters of the City at the May 2, 2023, special city election. PUFAILInt to SW1011 1.3.4 of the City Charter, the proposition must receive an affirmative vote by three-fifths of 117c(jW.11 i I i Cd electors voting on the proposition to approve the sale of the municipal utility, Proposition No. 1 Sale of Seward Electric Utility Shall the City of Se��,jrd sell the Seward. Electric Utility with the negoh itcd terms and conditions prcV i0usly approved 1)% City Council that art c0mt11lgc1it on ti'oter approval? Proposition No. 1 Yes No A yes vote approves the sale of the electric utility. A no vote means the City of Seward retains the electric utility. vP, �h Section 2. This resolution shall take effect immediately upon City Council approval of a purchase and sale agreement for the Seward Electric t`tility. Proposition No. 1 shall become effective only if approved by three-fifths of the qualified voters votins; on the proposition at the special cicetion on May 2, 2023, PASSED AND APPROVED by the City Council of the City of'Sc%vard. Alaska, this 8"' day of August. ?0�2. T C '1' OF ' 'A'�.:11,R SKA JAI erry, M or AYES: DeMoss, McClure, Casagranda, Wells, Osenga, Calhoon erry NOES: None ABSENT: None ABSTAIN: None 169 CITY OF SEWARD, ALASKA RESOLUTION 2022-087 wow .ATTEST: Brenda J. all i. Mi C" City Clerk 1 {ci;1'or- EIV } b ;2 �441_zv., r r f . . ; SE l� if i I t i f f i 1, i rI I l i l 170 City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: 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 Background and justification: With less than 3,000 electric meters on its system, the City of Seward's Electric Department has limited resources, making it difficult for the utility to consistently invest in new infrastructure, system maintenance, technology, and customer-focused programs and services. In addition to the financial limitations, Seward's small number of customers and meters will make it difficult for the City to maintain electric rate stability as necessary investments are made in the areas mentioned above. A larger electric utility with thousands more customers and meters will be able to spread expenses across its entire customer base,thereby ensuring more stability in customer rates. While there are obvious advantages to selling the electric utility, a key question for the Council and Seward citizens in looking at a potential sell is: "How will the City recover the lost revenue in the General Fund from Electric Department contributions, which come in the form of a Payment In Lieu of Taxes (PILT) and an Administrative Services fee for services such as billing, human resources, accounts payable and receivable, etc.?" The bottom line is that as long as the City runs Seward's electric system,there will be financial and human resource challenges to address. These challenges will directly impact the utility's customers in the way of rates, programs, services, and system reliability. For that reason, citizens of Seward should be given the opportunity to decide whether to keep the electric utility with the City or sell it to a qualified electric utility in Alaska, starting with a Limited Solicitation Request for Proposals this fall. City Administration is recommending to Council that a Special Election be held on May 2, 2023, to determine whether to sell or not sell the City's electric utility. By identifying a potential buyer prior to the Special Election, voters will have information made available to them that may assist in their voting decision. Following receipt of the proposals, the City will negotiate with, and select, the utility most qualified to meet the electric service needs of Seward while also sharing the City's community-focused values. The selected utility will be announced to the public prior to the vote on selling the utility and the selected utility is authorized to provide public information to City voters. Before the election, the City Council will enact an ordinance establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council. This ordinance will be contingent on voter approval of the sale. 275 Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three-fifths of the electors (voters) of the city voting on the proposition. 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: 13.3 Utilities 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 Finance Signature: Attorney Review ✓ Yes Attorney Signature: CO Not applicable Comments: Administration Recommendation e✓ Adopt Resolution Other: 272 • swir- Ordinance 2023-008 Repealing And Re-Enacting Seward City Code Title 7 — Public Property For The City Of Seward Recodification Project • Agenda Statement • Ordinance 2023-008 173 City Council Agenda Statement Meeting Date: March 28, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-008: Repealing and Re-Enacting Seward City Code Title 7— Public Property For The City Recodification Project Background and Justification: The purpose of this ordinance is to complete the recodification for Title 7. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, DH = Department Head, Clerk=City Clerk) Code Citation Source Amendment 7.05.112 Atty New section created. 7.05.410 Atty Clarifying language. 7.05.515 Atty Clarifying language. 7.05.625 Atty Delete as expired. 7.10.135 DH Updating/clarifying definitions. 7.10.340 Atty Codifying language from ordinance 2012-011; adding clarifying language regarding RCA. 7.10.360 Atty Code does not provide for a hearing officer. 7.10.511 Atty Delete as covered by AS 28.35.030 and adopted by reference in SCC 1.05.020. 7.10.548 DH, Atty, Codifying observed prohibition. Clerk 7.10.620 Atty Adding clarifying language. 7.10.730 & Atty Code does not provide for a hearing officer. 7.10.740 7.20.040 Clerk Adding specificity. 7.20.070 E Atty Delete as covered by AS 11.46.482. 7.20.075 Atty Adding clarifying language. 7.25 Atty Replace"director"with "city manager"throughout this chapter. 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: 174 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 Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable ".C.:ehle-"e r 14.21325 id:°a CCT: Finance Signature: Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 175 Sponsored by: City Clerk Introduction: March 28, 2023 Public Hearing: April 10, 2023 Enactment: April 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENACTING SEWARD CITY CODE TITLE 7 — PUBLIC PROPERTY FOR THE CITY OF SEWARD RECODIFICATION PROJECT WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS,the reason for performing a recodification of the city code is to align the code with the city's ordinances and Charter, and State Law and State Constitution; and WHEREAS, the preliminary recodification review was performed by the Municode attorney who was charged with uncovering any discrepancies in the language; the attorney produced a report of findings; and WHEREAS, Seward's city attorney reviewed the report and provided input, and then department heads and city administration added additional input; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the recodification changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on Title 7—Public Property and reflects input from department heads, city manager, and city attorney. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 7 — Public Property is hereby repealed and re-enacted to read as follows: (Changes from current code are identified as: Deletions = Bold kethiFaug4s; Additions =Bold Italics Underlined.) TITLE 7 - PUBLIC PROPERTY Chapter 7.01. - General Provisions 7.01.010 - Sale of surplus city personal property. 176 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Whenever the head of any department shall make a written finding that any personal property of the city is no longer necessary for corporate or public purposes, the same may be offered for sale or donated to a nonprofit organization following approval of the written findings by the city manager. The sale shall be held in accordance with the procedure followed in the awarding of purchases, Title 6, but to the highest responsible bidder. Chapter 7.05. -Acquisition and Disposal of Real Property Article 1. - Generally 7.05.110 -Adoption of provisions and statutory authority. These regulations are adopted by the City Council pursuant to authority vested in that body by the charter of the city and by the Alaska Land Act, AS 38.05.820, as amended. 7.05.112—Applicability This chapter does not apply to a disposal of real property or an interest in real property used or useful in the operation of a utility required to be approved by the electors of the city. 7.05.115 -Definitions. For purposes of this chapter, the following terms defined have the meaning provided below unless the context requires otherwise: Acquisition means to obtain ownership or interest in and to hold real property within or outside the city boundaries by purchase, gift, donation, grant, dedication, exchange, redemption,purchase or equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation, lease or by any other lawful means of conveyances. LLty means the city of Seward, Alaska. Disposition means the transfer of city interest in real property by warranty or quitclaim deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant. Encroachment means any obstruction in, or intrusion into a delineated floodway, right-of- way, easement, or public land or associated airspace. Essential terms and conditions means a description of the real property involved; the length or term of a lease; the sale, purchase or lease amount; any special deed restrictions or covenants; and any special development requirements. Fair market value means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used. Real property interest means any estate in land, including tide and submerged lands, or improvements thereon. Rights-of-way, encroachments or easements wherein no warranties are made and title is not transferred are regarded as not involving the disposal of a party's interest in 177 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 real property; thus, the execution of such documents are exempt from provisions of charter section 12.3(b) and section 7.05.110, et seq. of this chapter. Structure means any improvement, constructed or erected on or attached to the ground or another structure, including, but not limited to, awnings, refuse container racks, towers, sheds, signs and fences. Submerged lands means those lands covered by tidal waters between the line of mean low water and seaward to a distance of three geographical miles, or as may hereafter be properly claimed by the city. Tidelands means those lands which are periodically covered by tidal waters between the elevation of mean high water and mean low water or are contained within a recorded Alaska Tideland Survey. 7.05.120 -Alternative means of real property acquisition or disposition. The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid. 7.05.125 -Public hearing and notice. Prior to disposition or acquisition of a real property interest by negotiation,public auction or sealed bid, a public hearing shall be held. Notice of the public hearing shall be published in a newspaper of general circulation in the city and shall be posted in at least three public places within the city. Both posting and publication shall be done at least ten ) days prior to the hearing. 7.05.130 - Terms and conditions to be made available. The notice of public hearing shall indicate where the public may obtain the essential terms and conditions of the proposed acquisition or disposition. A copy of the terms and conditions shall be maintained for inspection at the office of the city clerk for at least ten days prior to the hearing. 7.05.135 -Authorizing resolution to approve terms and conditions. At any time after the hearing required in section 7.05.125, the council shall make a finding in an authorizing resolution that the essential terms and conditions and the method of acquisition or disposition are in the public interest. 7.05.140 -Posting copy of resolution. Upon adoption of a resolution approving an acquisition or disposition, the city clerk shall cause a true copy of same to be posted for at least ±iLty 001 days in at least wee Lour public places within the city. 7.05.145 -Effectiveness of resolution. Objections to a resolution approving a real property acquisition or disposition may be made at any time until the resolution becomes effective. Unless rescinded or amended, any resolution adopted under this chapter automatically becomes effective tkjLty f301 days after passage and posting. 178 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.05.150 -Appraisal. (a) The city shall not sell any real property interest without first making an appraisal of the fair market value of that interest, unless the City Council finds that the public interest will not be served by an appraisal. (b) If an appraisal is made, the property interest shall not be disposed of for less than the appraised fair market value, unless the City Council finds by resolution that public interest will be served by disposing of the property interest for less than the appraised fair market value. 7.05.155 -Notice of foreclosure sale. Before property obtained through a foreclosure may be sold, notice of such sale must be sent by registered or certified mail to the last known address of the record owner at the time the foreclosure action was initiated. The notice shall be mailed at least thin 001 days prior to the effective date of sale. It shall contain the following information: A. M The time and date of sale; B. (2) The manner of sale; C. (-3) The place of sale; and D. (4) Notice that until the effective time of sale the record owner has the right to repurchase the property as provided by AS 29.45. 7.05.160 -Adjustment to fair market value. A. O Except as provided in (h)Hof this section, the rent under each lease of city property shall be adjusted on July 1, 1995, and on July 1 of every fifth year thereafter during the term of the lease, to the fair market rental value of the property as of the date of adjustment. For each leased property subject to rent adjustment under this section, the city shall obtain a fair market rental value appraisal as of the date of each rent adjustment. B.Jb) Subsection(a)Hof this section shall not apply to any lease of city property: 1_M Authorized before the effective date of this section, except to the extent that the rent adjustment described in subsection(a)Hof this section has been incorporated in the terms of the lease; 2.(2-)For which the Council finds that the public interest will be served by leasing the property for less than appraised value; or 3_� Whose terms provide for adjustment of rent to fair market value more frequently than every five years. C. (o Nothing in this section extends the term of any lease of city property. Article 2. -Disposition of Real Property by Public Auction or Sealed Bid 7.05.210 - Terms and conditions of sale. A. { }The resolution authorizing the sale of real property by public auction or sealed bid shall set forth the terms and conditions of the public sale. The Council shall reserve the right to reject any and all bids received. The resolution shall provide if the sale is for cash, or cash deposit 179 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 and a purchase agreement. If the sale is for a cash deposit and a purchase agreement, the city manager shall prescribe the form of the purchase agreement. B_(h) The city manager shall designate the individual who shall conduct the sale, and such designee shall give the bidder a receipt for all moneys received by the city. A purchaser at a public sale by auction or sealed bid who fails to make such other cash payments within the time required by the authorizing resolution shall forfeit any cash deposit paid to the city. 7.05.215 -Location of sale. The public sale by auction shall take place at a location within the city limits as selected by the city manager. 7.05.220 -Procedure for sale by sealed bid. All real property interests offered for public sale by sealed bid may be sold to any person submitting an offer in writing to the Council. Such offer shall be submitted in a sealed envelope marked "Real Property Bid" and must be accompanied by a check or money order made payable to the city in an amount equal to at least 20 percent 2( 0%) of the amount bid for residential lots and ten percent of the amount bid for other parcels. 7.05.225 - Selection of successful bidder(s). If there is more than one bid, at a public auction or by sealed bid, for a particular or group of lots, the lot(s) shall be sold to the highest bidder(s). The highest bidder(s) shall be the one(s) whose bid(s) represents the highest total price for the property interest(s). In the event that two or more parties submit high but identical bids, the Council may accept the bid first received, or reject all bids. 7.05.230 -Resolution accepting bids. After a sale has been conducted by public auction or sealed bid, the Council, by resolution with or without public hearing, may approve all public sales of real property based on the bids received, and shall approve any purchase agreement prior to its execution by the city. The approval of any public sale by the Council authorizes the city manager to take all steps and execute all instruments to complete and close the sale. Article 3. - Short-Term Lease Negotiation 7.05.410 - City manager authorized to negotiate short-term leases. Nothing in this chapter shall prevent the city manager from negotiating short-term leases of city property subject to city council approval at the next regularly scheduled city council meeting. Such leases shall not be subject to the public hearing process, shall not exceed 120 days in length, and shall contain no provisions for optional terms.The resolution approving such a lease may be signed and adopted immediately provided the lease form contains a provision stating that the lease is subject to suspension during the first 30 days after passage of the resolution if a sufficient mfeFenda referendum petition is filed in accordance with section 4.8 of the City Charter. 180 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Article 4. -Encroachments, easements and rights-of-way 7.05.510 -Easements and rights-of-way. A. Subject to applicable provisions of the Kenai Peninsula Borough Code,Title 20, Subdivisions, the city manager may, with regard to city land, negotiate and execute rights-of-way and easements not exceeding a term of 20 years. B. The city manager may negotiate and execute the acquisition of rights-of-way and easements necessary for a utility,public improvement or other public use except the city council shall,by resolution, approve acquisitions involving cash considerations or the exchange or real property valued in excess of$30,000.00. C. Any other rights-of-way and easements shall be granted or acquired only upon approval of the city council. D. The city manager may, at the direction of the city council convey, quitclaim, release, cancel, or otherwise relinquish any real property easement, right-of-way, permit or license the city may have or hold for the purpose of installing, constructing or maintaining a public improvement or utility, whenever the interest is no longer used or useful for that purpose. 7.05.515 -Encroachments. A. It is the city's policy not to allow new or unauthorized encroachments into any public right-of- way, land or easement. The city finds that: (i) neither the perpetuation of an existing encroachment beyond the depreciable life of the structure, nor its enlargement, expansion, improvement or extension is deemed to be in the public interest; (ii) all encroachments considered as hazardous, obstructing motorists' line of sight, impeding emergency vehicle access, or impairing snow removal, shall be removed at the earliest available opportunity; and (iii) all other encroachments shall eventually be removed over time. B. The city manager may,after determining that alternatives,including but not limited to,removal of the encroachment or vacating the right-of-way are not feasible alternatives and would not be in the public interest, and where neither public safety nor access is impaired, issue an encroachment permit for the depFieiable estimated remaining useful life of the encroaching structure. 1. No permits may be issued for refuse container racks, towers, sheds, signs or fences; 2. The city may revoke the permit upon written notice of not less than twenty days nor more than six months for the construction, improvement or use by the public of public street, sidewalk, and utility projects; 3. The encroachment may not be expanded, extended, improved or enlarged; 4. Encroachment permit shall require the permittee to: a. Pay an appropriate fee as established by City Council resolution; b. Secure and maintain general liability insurance coverage based on appropriate minimum limits as determined by the city's risk manager, to protect, defend and indemnify the city during the term of the permit. The city shall be named as a certificate holder for any structure associated with a personal use single family residence; and as an additional insured party for any structure associated with an 181 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 activity involving rentals, the sale of goods or services, or any business carried out for profit; c. Maintain the property in such a manner as to protect the public safety and welfare; d. At the expiration of the agreement or permit, remove the encroachment and restore the encroachment site to the surrounding grade leaving it in a clean, safe and stable condition; e. Provide other assurances as deemed appropriate by the manager in order to protect the public interest; and f. Provide an as-built survey completed by an Alaska registered surveyor which clearly delineates all encroaching structures. 7.05.520 -Recording. All easement and encroachment permits including applicable as-built surveys shall be recorded by the permittee in the Seward recording district, third judicial district, State of Alaska. Article 5. - Tidelands 7.05.610 -Purpose. These regulations implement, interpret and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extend to and include the applicable provisions of Public Law 85-303. 7.05.615 -Definitions. For purposes of this article, the following terms shall be defined as follows: Coast line means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters. Improvements and substantial permanent improvements means buildings, wharves, piers, drydocks and other similar types of structures permanently fixed to the tidelands or contiguous submerged lands that were constructed and/or maintained by the applicant for commercial, recreation, residential, or other beneficial uses or purposes. In no event shall fill be considered a permanent improvement when placed on tidelands solely for the purposes of disposing of waste or spoils. However, fill material actually utilized for beneficial purposes by the applicant shall be considered a permanent improvement. Mean low or lower water means the tide datum plane of the average of the low tides as has been or may be established by the United States Coast and Geodetic Survey. Mean highmeans the tidal datum plane of the average of all the high tides as has been or may be established by the United States Coast and Geodetic Survey. Mean high water line shall be interpreted as the intersection of the datum plane of mean high water with the shore. Occupant means any person as defined herein, or his successor in interest, who actually occupied for any business, residential, or other beneficial purpose, tidelands, or tidelands and submerged lands contiguous thereto,within the city,on or prior to January 3, 1959,with substantial 182 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 permanent improvements. The holder of a permit of clearance in respect to interference of navigation, or of a special use permit from a government agency will not qualify as an "occupant" unless such entry on the land had, through exercise of reasonable diligence, resulted in actual occupancy and substantial permanent improvements as hereinafter mentioned. No person shall be considered an occupant by reason of having (a) placed a fish trap in a position for operation or storage upon the tide, shore, or submerged land; (b)placed a set net or piling thereof or any other device or facility for taking of fish; (c)placed pilings or dolphins for log storage or other moorage; (d)placed floats or vessels upon the tide, shore or submerged land; (e)placed telephone,power or other transmission facilities, roads, trails or other improvements not requiring exclusive use or possession of tide or contiguous submerged lands; or(f) claimed the land by virtue of some form of constructive occupancy. Where land is occupied by a person other than the owner of the improvements thereon, the owner of the improvements shall, for the purposes of this definition,be considered the occupant of such lands. Occupied and developed means the actual use, control, and occupancy, but not necessarily residence, of the tide and contiguous submerged land by the establishment thereon of substantial permanent improvements. Permit preference means the privilege of the upland owner to acquire first choice over other non-preference right claimants to a permit for like use and enjoyment of city owned tide or contiguous submerged lands abutting his property. Person means any person, firm, organization, cooperative association, partnership or other entity legally capable of owning land or an interest therein. Pierhead line means the line fixed by the Department of the Army Corps of Engineers that is parallel to the existing mean low tide line at such distance offshore from the mean low tide line that the pierhead line shall encompass, landward and no more, all stationary man-made structures (but shall not encompass any part of breakwaters, bridges, or piers used for vessel dockage which part extends beyond such a parallel line marking the seaward extremity of other man-made structures) which were in existence as of February 1, 1957, to seaward of the city. Preference right subject to the established classifications, means and includes the right of an occupant to acquire by grant, purchase, or otherwise, at the election of the occupant, except as otherwise limited or prescribed in these regulations, any tract or tracts of tidelands, or tide and submerged land contiguous thereto, occupied or developed by such occupant on and prior to January 3, 1959. Preference right, Class I means a right claimed by persons who occupied and developed tide and contiguous submerged lands seaward of the city on and prior to September 7, 1957, after executing a waiver to the city and state of all right such occupant may have had pursuant to Public Law 85-303. Upon execution of the waiver, such persons or their successors in interest have the right to acquire such occupied and developed tide and contiguous submerged lands from the city for consideration not in excess of the cost of survey, transferring and conveying of title. Preference Right, Class II means a right claimed by Class I Preference Right claimants who decline to execute a waiver to the state and city of any rights such occupants may have acquired pursuant to Public Law 85-303 (71 Stat. 623). It shall be mandatory for the city to honor the application from the occupant after the Secretary of the Army has submitted to the Secretary of 183 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 the Interior, the Governor of Alaska and the city manager, maps showing the pierhead line established by the Corps of Engineers with respect to the land claimed. Upon proof of such occupancy, such persons have the right to acquire such tidelands and contiguous submerged lands from the city for a consideration not in excess of the cost of survey, transferring and conveying title. Preference Right, Class III means a right claimed by persons who occupied and developed tidelands and contiguous submerged lands after September 7, 1957, and who continued to occupy them on January 3, 1959. Upon proof of such occupancy, such persons have the right to acquire such tidelands and contiguous submerged lands for a consideration not in excess of the cost of appraisal, survey, administering and transferring title, plus the appraised fair market value of the land claimed, exclusive of any value accruing from improvements or development, such as fill material, buildings or structures. Upland owner means that land owner whose upland property abuts the line of mean high tide. 7.05.620 -Preference to upland owners. A. Should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other applicants/bidders. B_The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. C. The upland owner shall then have ninetL901 days to exercise this preference under this section. D. If the preference is not exercised by the upland owner, then the city may dispose of the tide and submerged land to others. E. It shall not be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. F.The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others. Fights WithiH two yeaFS f-Fom the effeetive date of the OFdinanee adopting these Fegulaflons-. AHY ffefeFenee Fight fOF whieh an appheation is not filed within this peFiod shall be foFfeited. Completed appheations shall be submitted to the eity manageF OH f0FMs supplied by the eity. Chapter 7.10. -Harbor and Port Facilities Article 1. - General Provisions 7.10.110 - Short title. This chapter shall be known and cited as the Seward Harbor SFdinanee and Port Facilities. 7.10.115 -Purpose. 184 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 The purposes of this chapter are to: (1) Maximize the safe and efficient use of the harbor; (2) Provide for the orderly management, development, and control of the harbor; (3) Protect and preserve public and private property within the harbor and the lives,health, safety, and well-being of persons who use, work, or maintain property in the harbor; (4) Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance, and prevent and abate fire, health, safety, and navigation hazards; and (5) Assess reasonable fees for the use of harbor facilities. 7.10.120 -Interpretation. A. Consistent interpretation and effect of invaliditLThis chapter shall be construed, to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to the harbor. If any section of this chapter is declared invalid, the remaining sections shall not be affected. B. Application in an emergenU. The provisions of this chapter shall not be construed to limit a vessel owner from taking action necessary to protect life, limb, or property in the case of an emergency. 7.10.125 -Implied agreement from use of facilities. The use of the harbor or the presence of a vessel in the harbor constitutes an agreement by the owner to conform to the provisions of this chapter, the harbor tariff, and any rule, regulation, or order made pursuant thereto, and to pay all fees and charges provided by this title or the harbor tariff. 7.10.130 -Accident report. Any person operating a vessel involved in an accident within the harbor resulting in the death or injury of any person, or damage to property in excess of$500.00 shall, in addition to any other notices required by law, immediately give oral notice of the accident to the harbormaster and shall, within 24 hours after the accident, file a written report with the harbormaster on such form as the harbormaster may provide. 7.10.135 -Definitions. Whenever the words, terms, phrases, and their derivations set forth in this section are used in this title, they shall have the meaning set forth in this section: Abandoned propert."Abandoned property" means personal property which is unattended and is either not registered with the harbormaster or not in a location the harbormaster has designated for its storage. Anchor. "Anchor" means to secure a vessel to the bed of a body of water by dropping an anchor or anchors or by using a buoy or other ground tackle. 185 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Boat harbor. "Boat harbor" means all navigable waters and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels that are within the confines of the breakwaters. Business. "Business"means any profession,trade, occupation,or calling carried on for a profit or livelihood,including every kind of commercial enterprise, and including the operation of games, machines, or mechanical devices. City. "City" means the City of Seward. City Manager. "City Manager"means the City Manager for the City of Seward or the designee of the City Manager. Derelict. "Derelict" means any vessel which is or appears to be forsaken, abandoned, deserted, or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy, or unfit for its trade or occupation. Distress. "Distress" means a state of disability or a present or obvious imminent danger which if unduly prolonged could endanger life or property. Dock. "Dock" means any pier, float, slip, wharf, finger, ramp, gangway, bulkhead, dolphin, or sea wall within the harbor . or on city tidelands. Emergency"Emergency" means a state of imminent or proximate danger to life or property in which time is of the essence. Family member. Spouse, child, or same-sex partner in an established relationship. Finance Director. "Finance Director" means the Finance Director for the City of Seward or the designee of the Finance Director. Harbor. "Harbor" means all waters, tidal areas, and adjacent upland areas owned by the City within the rubble mound breakwater which is listed and identified in the land use plan as "harbor commercial and industrial," together with any and all facilities of a port or maritime nature either publicly or privately owned that are primarily used by or for the service of vessels, including the port facilities located at SMIC, and all docks,pilings, hoists,parking areas, leased water areas, concessions and/or service facilities located within the area defined herein. Harbormaster. "Harbormaster" means the harbormaster for the City of Seward, the Deputy harbormaster, or any Assistant harbormaster or other person designated by the harbormaster to act in his place. Harbor tariff. "Harbor tariff' means the City of Seward Port and Harbor tariff regulations as approved by the City Council and amended from time-to-time. Land use plan. "Land use plan" means the land use plan authorized in Title 15, Chapter 15.05 of the Seward City Code as amended from time-to-time. Moor. "Moor" means to secure a vessel other than by anchoring. Moorage. "Moorage" means the process of mooring or the state of being moored and, when the context requires, the fees for such acts imposed by under title. Nuisance. "Nuisance"means a derelict vessel,a vessel which is not kept and regularly pumped free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or in immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates or constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to constitute a nuisance if: 186 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 1. The vessel is obstructing a waterway, or is endangering life or property and has been left unattended for a continuous period of 24 hours; or 2. The vessel has been moored, anchored, or otherwise left in the harbor; and: a. The vessel's state registration number or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document records of the United States Coast Guard, the State of Alaska, or the harbor; b. The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined, or the vessel identification number or other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner; c. Vessel registration records of the United States Coast Guard, the State of Alaska, or the harbor contain no record of the vessel ever having been registered or documented, and the owner's name cannot be determined; or 3. The vessel does not clear the harbor at least three (3) times per year. Owner. "Owner"means the registered owner of a vessel or a person authorized to act on behalf of the owner. The following persons are presumed to have authority to act on behalf of the owner of a vessel: I. The master or operator of the vessel; 2. A person entrusted with the management of the vessel; and 3. An officer or agent appointed by: a. The owner; b. A charterer; or c. An agreed buyer in possession of the vessel. Person. "Person"means any natural person,partnership,corporation, or governmental agency. A natural person and a corporation may be considered the same if the former has control over the latter. Processed fish. "Processed fish" means fish that has been prepared to render it suitable for human consumption, industrial uses, or long-term storage including, but not limited to, fish that has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but does not include fish that has only been deheaded, gutted, or iced. Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns the vessel or, under the provisions of a written charter or lease, has exclusive control over the operation and navigation of the vessel. A person who transfers title to a vessel or enters into a charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and operation of the vessel, ceases to have a qualifying interest in the vessel. A qualifying interest in a vessel ceases with the transfer of a controlling interest in a public or privately held entity that has a qualifying interest in that vessel, regardless of official designation of title. Slip. "Slip" means a vessel's berth between two piers or floats. SMIC. "SMIC" means the Seward Marine Industrial Center. Trailer. "Trailer" means any movable cradle, structure, or device used for moving boats into or out of the water or used for the storage of boats. 187 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Transfer of cargo. "Transfer of cargo" means all types of loading, unloading, transfer, and containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish products. Vessel. "Vessel" means every description of watercraft including any ship, boat, skiff, barge, or craft of any kind and description, pleasure and commercial, other than seaplanes, used or designed to be used as a means of transportation on or through the water. Article 2. -Administration 7.10.210 -Harbormaster. A. Appointment. The City Manager shall appoint a harbormaster. B. Duties. The harbormaster shall, under the supervision of the City Manager: 1. Administer the harbor with the powers provided by this chapter; 2. Enforce this chapter, issue and enforce regulations for the operation and use of the harbor that are not inconsistent with this chapter, and enforce the terms and conditions of the harbor tariff, 3. Promptly report to the appropriate enforcement entity the violation of any law pertaining in any way to navigable waters or port/harbor facilities including,but not limited to, laws for the protection of navigation and the preservation of navigable waters; 4. Promptly report to the appropriate enforcement entity the violation of any law pertaining to the disposal of hazardous or waste materials and promptly furnish information as necessary to assure that such improper disposal ceases and any nuisance is abated; 5. Collect harbor fees and charges and maintain and operate an accounting system to collect harbor fees and charges that meets with the approval of the Finance Director and that will satisfy all controls as may be deemed necessary by the City's annual audit; 6. Record in a proper register the name,length, draft,beam,type,and identification number, location of each vessel moored in the harbor, as well as the name and address of each vessel's registered owners; 7. Maintain at the harbormaster's office a map or chart of the harbor showing the position of each approved mooring; and 8. Enter into license, moorage, and terminal use agreements on behalf of the City. 7.10.215 -Limitation of liability. A. The authority granted to the harbormaster pursuant to this title shall not create any obligation or duty requiring the harbormaster to take action to protect or preserve any vessel or property located within, or utilizing, the harbor. B. The City does not accept control of vessels or other property moored or stored in the harbor. When the City assigns moorage space to a vessel or assigns storage space to a vessel or other property the City is not accepting possession or control of the vessel or other property; the relationship between the parties is simply that of a landlord and tenant. Unless the vessel or other property is formally impounded by the City,the vessel or other property shall at all times 188 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 remain in the exclusive possession and control of the owner of said property and the City is not acting, and shall not be held liable in any manner, as a warehouseman or a bailee. C. The City shall not be liable for any loss or damage resulting from use of the harbor or any harbor facility from any cause whatsoever, except and to the extent solely caused by the city's own negligence or intentional misconduct. The City disclaims any and all other liability, whether for negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or performance. The liability of the City for damages caused solely by its own negligence or intentional misconduct shall be limited to the reasonable cost of repairing the vessel or other property that was moored or stored in, or making use of, the harbor or harbor facilities. The owner of the vessel or other property assumes all responsibility for any and all other claims or damages otherwise resulting including, but not limited to, claims by owner or third parties for property damage, personal injury or death, pollution or discharge of a polluting or hazardous substance (together with cleanup, removal, and remediation of same), as well as any direct, indirect, special, consequential, or commercial damages, claims for loss of profits or earnings, or other claims or damages of whatever kind or nature. D. Each person including the owner of a vessel or other property moored or stored in, or making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless, and indemnify the City and its officers, employees, and agents from and against any and all losses, claims, demands,actions, damages, liabilities, or expenses of every kind,character, and nature whatsoever (including, but not limited to, personal injuries, death, environmental contamination, property damage, or employee liability) arising out of, resulting from, or in any way related to use of the harbor by the owner or owner's agent, employees, invitees, guests, or passengers, except where liability for same is caused solely by the City's own negligence or intentional misconduct. Defense shall include payment of actual attorney's fees and costs. The owner waives any right of subrogation against the City which might otherwise arise upon payment of a loss by owner's insurers. Article 3. -Moorage 7.10.310 -Registration required. The owner of a vessel using the harbor is required to register with the harbormaster,by completing and providing all information requested on a registration form approved by the harbormaster, within two hours after the vessel first enters the harbor; provided, however, that vessels arriving after 5:00 p.m. shall have until 10:00 a.m. of the following day to register.The owner is responsible for informing the harbormaster of any changes in the registration information provided by the owner. 7.10.315 - Transient moorage. A. Availability,Transient moorage space is available within the harbor at locations designated or assigned by the harbormaster, which may include temporary use of reserved moorage 189 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 space. A written and signed application for moorage on a form approved by the harbormaster shall be provided to the harbormaster within the time allowed for registration. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the moorage application. Prepayment of fees for transient moorage is required. Approval of such application by the harbormaster confers no rights in the land or water constituting the space. B. Assignment periods. The daily assignment period is 12:01 a.m. to midnight on the first day of arrival in the harbor. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels that are registered on the harbor's daily inventory that do not have a reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly, semi-annual, and annual terms. Monthly, semi-annual, and annual term transient moorage rates will be calculated from the date the city receives a completed application and agreement for moorage. No credits will be allowed for back-dating the application for moorage to the first day of the current month. C. No preferential right. A user receives the privilege of occupying designated or assigned transient moorage on an as-available basis, with consideration given to which vessel is most suitable for a particular location. Users have no preferential right to moor in any particular location nor the right to return to the same space if another vessel is occupying that space. D. Rafting.Rafting of vessels in transient moorage space shall be permitted at locations designated by the harbormaster. Vessels moored in such locations are subject to yet another vessel tethering aside and are subject to being crossed by persons seeking access to other rafted vessels. Each vessel must have at least one line to the float, alternating ends. E. Duration. A user's right to transient moorage space, once assigned, continues until the user removes the vessel from the transient moorage space, or until the user's death, or until the user's voluntary or involuntary relinquishment of the right to use transient moorage space. The right to use transient moorage may not be assigned or transferred by the user and does not transfer with the sale or other disposition of the vessel. F. Voluntar relinquishment. A user may voluntarily relinquish transient moorage space at any time by notifying the harbormaster in writing. G. Involuntar relinquishment. The right to use transient moorage space shall be involuntarily relinquished if: 1. The user supplies misleading or false information in the moorage application; 2. The user fails to pay all fees required by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; 3. The user fails to maintain a qualifying interest in the vessel; 4. The user fails,upon request of the harbormaster, to provide proof of a qualifying interest in the vessel; 5. The user fails to maintain on the vessel the equipment required by this title; 6. The vessel becomes a derelict or a nuisance; or 190 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7. The user fails to observe any section of this title. 7.10.320 -Reserved moorage. A. Availability�_Reserved moorage space is available within the harbor at locations designated or assigned by the harbormaster. B. Application. Reserved moorage space shall be assigned on a first-come, first-served basis to those who have provided to the harbormaster a written and signed application as provided by the harbormaster. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. C. Assignment of reserved moorage_Reserved moorage space shall be assigned by the harbormaster to assure the maximum use of space available. The harbormaster will establish minimum and maximum vessel sizes for each space or class of spaces available. D. Wait list. If more applications are received than there are spaces available, the harbormaster shall establish and maintain a reserved moorage wait list. A nonrefundable annual fee shall be required by October 31 of each year to place and maintain an application on the list. Applications will be placed on the list in the order in which they are received.Any individual, partnership, corporation, or government agency may apply for the use of a reserved slip. All applicants, except government agencies, shall designate a single individual whose name shall appear on the list and who will be responsible for payment of all fees. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application.Wait list priority may not be transferred except,upon applicant's death,to a family member. E. Retention of wait list priority. If an applicant chooses not to accept a reserved moorage space when offered, or does not respond to a notice of space availability, the applicant forfeits the applicant's priority on the wait list and the applicant's name will be placed at the bottom of the wait list. The applicant's name will be retained in the new position for the remainder of time covered by the applicant's annual fee payment. Continued placement in the new position will be subject to payment of the required annual fee. If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and the applicant's name will be removed from the wait list and the applicant's annual fee payment forfeited. F. Fifteen space limit.As long as there are applicants on the wait list,no person currently holding 15 or more reserved moorage spaces may be assigned an additional reserved moorage space notwithstanding the number of vessels held with a qualifying interest by that applicant. G. Notice of space availability When space becomes available, the harbormaster shall notify the first applicant on the wait list that has a qualified interest in a vessel of the size for which space is available. Notice shall be by electronic mail for any applicant who has elected to receive email notifications and provided an email address, or otherwise by certified mail. In each case, notice will be sent return receipt requested. An applicant shall have 21 days from the date the notice is sent to respond. If the notice is returned by the post office or the applicant fails to respond, the harbormaster will notify the next eligible applicant on the wait list and so 191 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an appropriate size for the slip within 12 months of being offered a slip. H. Preference. Approval of an application for reserved moorage space and assignment of reserved moorage space by the harbormaster confers only the privilege of occupying the assigned moorage space on a preferential basis and does not convey any rights in the land or water constituting the space. I. Berth to be vacant for five dUs. rior to departing the harbor, owners shall report to the harbormaster if a reserved moorage space is to be unoccupied for more than five days. The harbormaster shall have full discretionary authority to allow other vessels to occupy an empty reserved moorage space any time the assigned vessel is absent for more than five days without compensation to the holder. J. Duration. A holder's rights to reserved moorage space, once assigned, continues until the holder ceases having a qualifying interest in a vessel suitable for the assigned space, until the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the space. A holder's right does not transfer with the sale or other disposition of the vessel. 1. Loss of qualifying interest. A holder must notify the harbormaster within 15 days if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage space.The holder may retain the reserved moorage space if the holder obtains a qualifying interest in another vessel of the appropriate size within 12 months and registers the new vessel with the harbormaster as required by this title. Failure to obtain a qualified interest in a replacement vessel of appropriate size for the assigned slip will result in forfeiture of assignment to reserved moorage and will cause the replacement vessel to be classed as transient. 2. Death. In the case of the death of the holder the space may be transferred only to the holder's family member. To be an effective transfer the family member must have a qualifying interest in the vessel assigned to the reserved moorage space and must make a request for transfer, in writing, to the harbormaster with appropriate documentation no later than the date the next moorage fee is due. 3. Voluntary relinquishment. A holder may relinquish reserved moorage at any time by notifying the harbormaster in writing. 4. Involuntar relinquishment. A holder's right to an assigned space shall be involuntarily relinquished and the right to use the assigned space terminated if: a. The holder supplies misleading or false information in the moorage application; b. The holder fails to pay all fees as provided by this title or the harbor tariff without a prior written agreement to pay such fees on other terms acceptable to the harbormaster; c. The holder fails to maintain a qualifying interest in the assigned vessel or substitute qualified vessel within the period allowed; d. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest in the vessel assigned to the space; e. The holder fails to maintain on the vessel the equipment required by this title; f. The vessel to which the space is assigned becomes a derelict or a nuisance; or 192 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 g. The holder fails to observe any section of this title. 7.10.325-Moorage conditions and restrictions applicable to transient and reserved moorage. A. Qualifying interest required. Moorage space may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned. B. No unpaid charges. Moorage space may only be assigned to an applicant who has no delinquent harbor fees or charges. C. One space. No vessel may be assigned to more than one moorage space. The reserved slip is personal to the individual named as owner or operator on the moorage agreement. The slip is reserved only with respect to the vessel indicated on the moorage agreement. The slip holder must notify the harbormaster within 24 hours of any change in vessels or will be charged transient moorage on any other vessel in the slip. An administrative fee to cover the cost of changing the vessel in the reserved slip may be assessed. D. Use by assigned vessel only. vessel assigned a moorage space may only use that space unless prior arrangements have been made with the harbormaster.Vessels that moor or anchor outside their regular moorage space, and vessels which have no regular assignments which moor or anchor without making application to and securing the permission to use such space as required by this title, do so at their own risk and shall be held responsible for all loss or damage of any kind resulting from such use. 7.10.330 -Refusal of moorage or harbor facilities. A. The harbormaster may refuse moorage or use of any harbor facility to any vessel or applicant which or who the harbormaster has probable cause to believe has not complied, or is not in compliance, with this chapter or the harbor tariff or whenever such moorage or use of the harbor facilities would not be in the best interests of the City. B. A determination that such moorage or use would not be in the best interests of the City must be accompanied by findings of fact based on substantial evidence and may be appealed pursuant to section 7.10.900. C. The refusal notice shall be in writing where practical and shall include the notice of the right to appeal. 7.10.335 -Required equipment. A. All vessels moored in the harbor shall carry the equipment required by any applicable law or regulation, and shall be numbered or designated in accordance with any applicable law or regulation. B. All vessels moored or anchored in the harbor shall be fitted with moorings or anchors satisfactory to the harbormaster, and shall be maintained at all times in such condition that, in the opinion of the harbormaster, will not endanger any person or vessel in the harbor or any harbor facility. 7.10.340 -Utilities. 193 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 The harbor staff shall refund the electrical deposits of all reserved moorage account customers that are not more than thirty (30) days past due. Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the harbormaster may specify by regulation. The charge for electrical service furnished within the boat harbor except for rates established by the Re,aulatory Commission ofAlaska shall be established by resolution of the City Council.A meter deposit shall be collected from any transient moorage customer who connects to the electrical power system. 7.10.345 -Insurance. All owners shall provide the City proof of liability insurance covering the vessel and owner's employees, invitees, guests, or passengers. The amount of liability insurance required shall be specified on the moorage agreement covering that vessel. If the vessel carries passengers for hire, owners shall have the City named as an additional insured with waiver of subrogation on any policy of liability insurance. 7.10.350 -Authority of harbormaster to board and move vessel. A. EmeMenc . The harbormaster may, in the event of emergency, board, resecure, dewater, or move any vessel within the harbor, or take any other reasonable action to resolve the emergency with respect to such vessels to prevent loss of life or property. B. Noncompliance with this title. 1. Subject to paragraph 2. of this subsection, when the harbormaster has reasonable cause to believe that a violation of this title exists, or when necessary to perform a duty under this title, the harbormaster may, at any reasonable time and upon presentation of proper identification, board and enter a vessel within the harbor. If a vessel is improperly anchored or moored the harbormaster may order the vessel's position changed. If the harbormaster's order is not complied with, or the vessel is unattended, the harbormaster may move the vessel and charges shall be assessed in the same manner as for ordinary services. If a vessel is in violation of any section of this title the harbormaster may declare the user or holder of the moorage space to have involuntarily relinquished the space. 2. Where the Constitution of the United States or of the State of Alaska so requires, the harbormaster shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the vessel before conducting the inspection. C. Vessel in transient moorage space. The harbormaster shall have authority to move a vessel in transient moorage space to another location to better maximize the use of available space. D. Notice to move. Any vessel, upon notice to move, which refuses or fails to move may be shifted by tug or otherwise by the City, and charges shall be assessed in the same manner as for ordinary services. 7.10.355 - Seaplanes. 194 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 A. Regular use of the harbor by seaplanes is available only on a transient basis and by prior agreement with the harbormaster. Seaplanes shall not land or take off within the harbor, however nothing in this chapter shall be construed to prohibit emergency use of the harbor by seaplanes. B. When a seaplane is provided a slip within the confine of the harbor, it shall be under the jurisdiction of the harbormaster and shall abide by this title and all regulations applicable to vessels. C. The fees for providing slips for seaplanes shall be set by resolution of the City Council and may be found in the harbor tariff. 7.10.360 -Determination of involuntary relinquishment. A. Right to notice. The City shall give at least&en 201 days' written notice of its intent to declare the involuntary relinquishment of mooring space. B. Content of notice. A notice of involuntary relinquishment shall be prepared by the harbormaster and shall contain: 1. The name and address of the user or holder of the moorage space last appearing in the records of the harbormaster; 2. A statement that the City intends to declare the moorage space involuntarily relinquished if corrective action is not taken within 20 days from the date the notice is mailed/posted; 3. The reason for the anticipated action; 4. The owner's right to a hearing and the manner in which a hearing can be requested; and 5. The name, address, and telephone number of a person at the City to contact in case of questions. C. Distribution of notice. The notice of involuntary relinquishment shall be: 1. Mailed by certified mail, return receipt requested, to the user or holder of the moorage space at the user's or holder's last known address. The notice is effective when mailed. If the harbormaster cannot determine the address of the holder of the moorage space, notice shall also be published at least once in a newspaper of general circulation in the City. 2. Posted at or near the moorage space in question, in the harbormaster's office, at City Hall, and in a United States Post Office in the City. D. Demand for hearing. The user or holder of moorage space which the City intends to declare involuntarily relinquished may obtain an administrative hearing to determine whether there is probable cause for involuntary relinquishment by filing a written demand with the City Clerk within 20 days from the date of the notice. Hearings will be conducted in accordance with section 7.10.900. E. Action after decision. In the event the 14eaFing OffleeF city manager determines there is probable cause to declare that the right to the moorage space has been involuntarily relinquished, the harbormaster may eject, remove, or require the removal of the vessel from the moorage space and assess charges for said removal in the same manner as ordinary services, and reassign the moorage space without compensation to the prior moorage holder. Moorage fees cease accruing on the date the vessel actually ceases to occupy a moorage space in the harbor. 195 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Article 4. - Wharfage, Storage and Other Activity 7.10.410 -Wharfage. A. Application.No cargo may be transferred within the harbor without prior written application to and approval by the harbormaster,on such form as the harbormaster shall specify. Transfers of cargo that occur on a regular basis may be approved in advance. B. Wharfage assignment. 1. All vessels are prohibited from mooring at any wharf at which they have no regular assignment or for which they have failed first to make a mooring application with the harbormaster. Vessels that moor outside their regular assignments, and vessels that have no regular assignments and which moor without making application to and securing the permission from the harbormaster, shall do so at their own risk and shall be held responsible for all loss or damage of whatsoever nature resulting from such use. 2. Assignment to the wharf at locations where transfer of cargo is approved shall be made by the harbormaster upon application. Charges for preferential assignment shall commence on the date specified in the assignment. Preferential assignments may be revoked by(a),the harbormaster upon 30 days'prior written notice to the assignee, or(b), the assignee upon 30 days'prior written notice to the harbormaster. 3. Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff, and any restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf area assignments shall include only the license or right: a. To moor vessels owned,operated,or represented by the assignee at the area assigned; b. To assemble, distribute, load, and unload merchandise and the cargoes of vessels over, through, or upon the assigned wharf area; and c. To perform such other related activities as may be necessary. 4. When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbormaster may, at his discretion, assign such facility, or any part thereof, for temporary use by another person. C. Locations for cargo transfer. Transfer of cargo may occur at the following locations: 1. City dock within the boat harbor; 2. North dock of SMIC; 3. East dock of SMIC; 4. Syncrolift dock at SMIC. D. Prepayment. The harbormaster may require prepayment of the estimated fees due under this title or the harbor tariff prior to any cargo transfer. E. Duration. A vessel may moor for transfer of cargo for up to two hours without paying for transient moorage but must notify the harbormaster at least two hours in advance of actually mooring. Failure to notify the harbormaster could result in assessment of a day's transient moorage charge. F. Refusal of cargo.-The harbormaster may refuse to permit the transfer of any cargo whose volume, weight, hazardous nature, or other characteristics would present a risk to the safety 196 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 of persons or property,private or public, within the harbor or whose value is less than the fees due under this title. G. Information and manifests. 1. Information. To enable the harbormaster to keep an accurate record of the number, size, and kind of vessels using the harbor, the amount, kind, and value of waterborne freight handlers, and the number of passengers carried,the masters and pursers of all vessel using the harbor are required to furnish the harbormaster with such information if so requested and to permit the harbormaster to examine their papers; 2. Manifest. A complete copy of the manifest showing all the cargo unloaded or discharged at the harbor will be furnished to the harbormaster. Inbound manifests will be furnished prior to or concurrent with the vessel's arrival. Outbound manifests will be furnished prior to or concurrent with the vessel's departure. In lieu of manifests, freight bills containing all information as required in this section may be accepted. Required permits and licenses are described in section 7.10.800. H. Persons responsible for fees. Vessels, their owners, and shippers or consignees of cargo transferred within the harbor shall be jointly and severally liable for all fees due for activities described in this chapter notwithstanding any contrary provisions contained in any bills of lading, charter party agreements, contracts, or other agreements. I. Cargo on which fees have become delinquent. Cargo on which fees have become delinquent may, after ten days' written notice to the shipper, carrier, or consignee of such cargo, be sold at public or private auction without advertising. J. Retention of cargo, Any cargo upon which fees provided by this chapter have become delinquent may be confined to the harbor by the harbormaster until the fees have been paid. K. Liability and indgmnitL.-All risk of loss from theft, fire, or other casualty to cargo shall be assumed by the parties to the shipping agreement and not the City. The person making application for the berth shall defend, indemnify, and hold the City harmless from all claims arising from the cargo transfer within the harbor. 7.10.415 - Storage. A. Generally. Storage space for vessels, cargo, and gear is available. The terms, conditions, and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor tariff. B. Upland storage. 1. Upland storage on any harbor property owned by the City shall be limited to the storage of vessels, vessels on trailers, or trailers. 2. Major construction work on vessels while in storage is prohibited. Disagreements as to what constitutes major construction shall be resolved by the harbormaster. 7.10.420 -Fish processing. Fish or shellfish may be cleaned or processed within the harbor only in areas and with equipment approved by the harbormaster. 7.10.425 - Boat lifts. 197 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 The City has available boat lifts. The terms, conditions, and fees for use of the boat lifts are governed by the terms of the harbor tariff. Article 5. -Prohibited Practices 7.10.510 - Speeding. No person shall operate or cause to be operated a vessel within the boat harbor in a manner which causes an excessive wake, wash, or wave action which will damage, endanger, or cause undue distress to any other vessel or occupant thereof. No peFson may opeFate a vessel within the harbor- while under- the influenee of aleohol or- otheF dFugs to the extent that it would be unlawful to opeFate a MOtOF vehiele UndeF State law in sueh eondition. 7.10.512 -Reckless operation. No person shall operate a vessel in any manner which unreasonably interferes with the free and proper use of the harbor or unreasonably endangers the users of the waters of the harbor. 7.10.513 -Hazard to navigation. No person shall create or fail to remove after request from the harbormaster, a hazard to navigation within the waters of the harbor. 7.10.514 -Failure to register. No person shall fail to register a vessel operated by that person with the harbormaster as required by this title. 7.10.515 -Improper mooring and anchoring. A. Except as provided in subsection C. of this section, no person may moor, anchor, or beach a vessel in the harbor except in a location designated by the harbormaster for that purpose, after receiving prior permission from the harbormaster, and after complying with all applicable provisions of this title. B. Except as provided in subsection C. of this section, no person may moor, anchor, or beach a vessel for fishing or other purpose within the harbor or any other body of water over which the City has jurisdiction in such a position as to obstruct a passageway ordinarily used by other vessels. C. A person may moor, anchor, or beach a vessel in the harbor as required in an emergency,but only for so long as required by the emergency. A person who moors, anchors, or beaches a vessel in the harbor as permitted by this subsection shall promptly notify the harbormaster and comply with the instructions of the harbormaster for the securing and placement of the vessel. Improperly stored, beached, or disposed vessels may be removed by the City and the costs of such removal may be recovered by the City from the person violating this section. 198 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.10.516 -Inadequate equipment. No person shall operate or moor a vessel within the harbor that does not have the equipment required by this title. 7.10.517 -Improper use of facilities. No person may use the harbor for purposes or in a manner not authorized by this title. 7.10.518 -Improper disposal. No person shall dispose of trash, garbage, timber, refuse, human or animal waste, flammable liquid, alcohol, bilge water, dead animals, fuel, oil, fuel or oil derivatives, wastes, or by-products, or other petroleum products, or any similar substance into the water of the harbor or on the harbor grounds (including,but not limited to,parking areas) except in receptacles or locations designated by the harbormaster. Improperly disposed materials may be removed by the City, with or without notice, and the costs of such removal may be recovered by the City from the person violating this section. 7.10.519 -Improper care and control of animals. No person shall have or bring a dog or other animal within the harbor unless the dog or animal is on a leash or confined to a vessel. The person bringing the dog or other animal to the harbor is responsible for properly disposing of the animal's defecation. 7.10.520 -Water sports. No person shall engage in swimming, diving, water skiing, or other sports where the body of the person comes into contact with the water within the harbor except after notice to and with permission of the harbormaster. Diving for the purpose of vessel repair and inspection or for law enforcement purposes is not prohibited by this section. 7.10.521 -Failure to make accident report. No person shall fail to make an accident report as required by this title. 7.10.522 -Dinghies, rowboats and skiffs. No dinghies, rowboats, skiffs, or other auxiliary vessels may be stored on a dock except at a location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or other auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored aboard another vessel. Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other auxiliary vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs or other auxiliary vessels may not be tied alongside of vessels in transient areas. 7.10.523 -Noise. A. No person shall make or cause to be made any unnecessary noise in the harbor. 199 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 B. No person shall, in an unreasonably loud manner,play any musical instrument or operate any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and 7:00 a.m. The harbormaster has sole discretion in determining whether an instrument or equipment has been played in an unreasonably loud manner. C. If any group or organization wishes to hold any function that may continue after 11:00 p.m., request for approval must be made, in writing, to the harbormaster who may extend the time. 7.10.524 -Derelict, nuisance, unseaworthy,wrecked and sunken vessels. A. No person may bring into or keep within the harbor a vessel that is derelict or a nuisance, or in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated condition that it may sink, become a hazard to navigation, or damage docks, floats, or other vessels, except as required in an emergency, but only for so long as required by the emergency. B. In the event a vessel is wrecked or sunk within the harbor, it shall be the owner's responsibility to immediately notify the harbormaster, mark the vessel's position and provide for the raising and disposition of such vessel as soon as reasonably possible, and the owner shall assume all liability for damage to persons or property located in the harbor which is caused by the vessel. 7.10.525 -Unauthorized utility connections; interference with harbor property. A. No person may tap, connect, disconnect, or interfere with any water, telephone, or electric utility equipment maintained or operated by the City in the harbor without first having obtained the permission of the harbormaster. B. No person shall damage, interfere, or tamper with any dock or other facility operated by the City in the harbor. C. No person may damage, interfere, or tamper with any dock,buoy, life preserver, sign, notice, navigational marking, or other similar property operated by the City or any other governmental agency in the harbor. 7.10.526 -Unauthorized boarding of vessels. No person may board a vessel in the harbor without the consent of the owner provided, however, that any person placing a vessel in transient moorage where the vessel is or may be rafted to other vessels implicitly consents that people may cross the vessel if necessary to access other rafted vessels. 7.10.527 -Improper use of firefighting equipment. No person shall use fire hoses or other firefighting equipment except for fighting fires. 7.10.528 -Welding equipment, torches, open flame. No person shall use welding equipment, grinders, a burning torch, or any other open flame apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work permit issued by the harbormaster. The person using such equipment shall exercise such care as is necessary to provide for the safety of other vessels and harbor facilities, have readily available an 200 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 approved fire extinguisher of sufficient size, have readily available as a standby a water hose attached to an outlet where available, and maintain a fire watch. 7.10.529 -Loading or unloading explosives. No person may possess,transport,load,unload,or store explosives within the boat harbor.Loading and unloading explosives at harbor locations outside the boat harbor, requires a permit from the Fire Chief and approval of the harbormaster. 7.10.530 - Solicitation, advertising and signs. No signs or other printed matter shall be placed on any part of the harbor without the prior approval of the harbormaster. 7.10.531 -Fenders on fingers. No person may install fender material on fingers unless the fender material is approved by the harbormaster. 7.10.532 -Use of docks and fingers. No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials, mooring lines, hoses, electrical cables, other service lines, or other obstruction except in a location designated for that purpose by the harbormaster. Tools and other equipment may be temporarily placed on the dock for rigging and maintenance work so long as the tools or equipment do not obstruct the docks or access to the dock and the space is maintained in a neat, clean, and orderly fashion. 7.10.533 - Children. Children under ten years of age are prohibited on the docks except when in the immediate presence of the child's parent or guardian or other responsible adult. 7.10.534 -Bicycles, motorcycles, rollerblades, skateboards. The use of unauthorized wheeled or motorized objects such as bicycles,motorcycles, rollerblades, skateboards, and four-wheelers on the docks within the harbor is prohibited. 7.10.535 -Parking of vehicles and unattended trailers generally. The parking of vehicles and unattended trailers outside designated parking areas in the harbor area is prohibited. 7.10.536 -Unauthorized collection of fees and use of waterfront. No person shall collect any toll, wharfage or dockage without being authorized to do so by the harbormaster. No person shall place property upon or remove property from any portion of the waterfront or docks without being authorized by the harbormaster. 7.10.537 -Movement of vessels. 201 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Cruising between rows of slips is prohibited; movement of vessels within the harbor and between rows of slips shall be for the purposes of mooring, anchoring, entering or leaving a slip, or training and education. 7.10.538 -License. No person shall operate a vessel unless that person is properly licensed as required by applicable state and federal laws and regulations. 7.10.539 - Outboard motors. No person shall operate any motor within the harbor without having such motor equipped with a muffler. 7.10.540 - Searchlights, crab lights. No person shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or vessels. No person shall leave on a crab light used to balance the load on a vessel's generator while the vessel is moored in the harbor. 7.10.541 -Residential use. No vessel within the harbor may be used for permanent living quarters while moored unless a permit is first obtained from the harbormaster. 7.10.542 -Failure to observe city health and conduct rules. No person in the harbor shall violate any provision of this Code dealing with health, sanitation,the conduct of persons, or prohibiting acts contrary to public health, morals, safety, or public peace. 7.10.543 -Vessels extending over the main walkway or float. No part of any vessel, including, without limitation, any davit, boom, boomkin, or bowsprit, may extend over the main walkway of a float. 7.10.544 - Obstruction of walkway, float, gangway prohibited. No person shall place or permit to remain any mooring lines,hose, electrical cable or other service lines across any walkway. A person in charge of a walkway, float, or gangway shall maintain the same in good condition so as to prevent injury to persons and shall keep such walkway, float, or gangway clear of any obstruction. 7.10.545 -Repairs and maintenance of vessels. No person may spray paint a vessel while moored or anchored in the harbor.No person may repair or maintain a vessel at its berth unless all the work is performed aboard the vessel. All materials used in repairing or maintaining the vessel must be collected for disposal or kept on board the vessel. Repair and maintenance work that cannot be done within the confines of the vessel shall be accomplished only in an area or manner approved for that purpose by the harbormaster. 202 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.10.546 -Removal of vessel without payment of charges. No person shall remove from the harbor any vessel upon which charges of any kind are delinquent, without paying such delinquent charge. 7.10.547 - Cargo on the beach. No person may load, unload, or store cargo on the beach within the harbor except in a location designated for that purpose by the harbormaster unless a permit has first been obtained from the harbormaster and a fee as set by the harbor tariff has been paid. Any permitted loading,unloading, or storage of cargo shall be for a period not exceeding 72 hours. There shall be no barge or vessel landing from the beach within the boat harbor. 7.10.548—Commercial lodzinz in harbor prohibited. No person may operate a short term lodzinm business, lonz term lodzinz business, bed and breakfast, or nightly lodzinz business on any vessel in the Seward Boat Harbor. Article 6. -Fees and Penalties 7.10.610 -Fees. A. Harbor facilities. After public hearing, the City Council shall set by resolution, the rates for use of all harbor facilities, and such rates may be found in the harbor tariff. 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. B. Ordinary services. Ordinary services performed by harbor personnel may be rendered by agreement with the harbormaster. The City Council shall set by resolution the rates for services provided by the harbor personnel and such rates may be found in the harbor tariff. If no rate for a particular service has been set by the City Council, the charge shall be set by the harbormaster and shall compensate the city for reasonable labor, time, and materials expended, plus overhead expenses. The harbormaster may require a deposit or payment in advance of furnishing any ordinary services, and all charges shall be payable at the time services are rendered, unless other arrangements have been made in advance with the harbormaster. C. Emergency services. Charges for emergency services shall be assessed in the same manner as for nonemergency services. All charges for services shall be payable at the time services are rendered. 7.10.615 -Fee collection. A. Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally or mailed on a monthly or other basis to the last address provided to the harbormaster. It is the harbor user's obligation to notify the harbormaster in writing of any changes in address. B. Pa,, m�Mooring fees shall be due and payable in advance. Payment shall be made at the harbor. 203 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 C. Refunds.Refunds are not automatically available to vessels departing the harbor;only vessels that no longer require transient or reserved moorage may receive a refund. If a vessel owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing, to the harbormaster. All refunds will be calculated from the date of notice as follows: 1. Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused moorage days. 2. Semi-annual moorage fees. If a request for a refund is made, a refund for prepaid semi- annual moorage will be limited to the original payment made minus the combination of the monthly and daily rates from the start of the semi-annual period through the date of notice. 3. Annual moorage fees. If a request for a refund is made, the refund for prepaid annual moorage will be limited to the original payment made minus the combination of the semi- annual, monthly and daily rates from the start of the annual period through the date of notice. D. Transfer from transient moorage to reserved moorage. Transient vessels that have prepaid moorage and then, due to the waitlist process, are offered a slip will be charged for moorage in accordance with the appropriate section of the harbor tariff. E. Delinquent fees.Yees remaining unpaid after 30 days will be considered delinquent and subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent moorage for vessels will accrue charges based on the daily fee as set by resolution of the City Council. F. Interest on delinquent fees and fines. Delinquent fees and fines under this chapter shall accrue interest according to the harbor tariff, from the date they were due until paid in full. G. Collection action. The city manager is authorized to commence suit or exercise any other legal remedy to collect any delinquent fee or charge. In the event such suit is commenced, the person obligated to pay the fee shall, in addition to any other liability imposed by this chapter, be liable for the city's actual, reasonable attorney's fees and court costs associated with the collection. H. Lien for unpaid fees. In addition to all other remedies available by law, the city shall have a lien for any fees and interest provided by this chapter and costs of collection, including attorney's fees,upon any vessel(including all equipment,tackle, and gear)and property giving rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by the procedure set forth in this chapter. 7.10.620 -Penalties. Penalties for violation of this title shall be as provided in 1.05.010. Article 7. -Impoundment and Disposition of Vessels and Abandoned Property 7.10.710 - Lost and abandoned property. 204 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Personal property found in the harbor,whether on land,adrift, or sunken,which is not in the lawful possession or control of some person shall be immediately delivered to the harbormaster, in whose custody the property shall remain until claimed by the proper owner or disposed of as abandoned property. 7.10.715 -Property which may be impounded. The harbormaster is authorized to impound abandoned property at any time, and is authorized to impound a vessel under any of the following circumstances: 1. The vessel is within the harbor and is derelict or a nuisance as defined in this title; 2. The fees for which the City has a lien on the vessel are delinquent for a period of three months, or it appears to the harbormaster that the removal of the vessel from the harbor without payment of the delinquent amount is imminent; 3. The vessel is located in the harbor and is in violation of any section of this title or any regulation of the harbor or any provision of the harbor tariff, or 4. The owner is not aboard the vessel and the vessel is not properly identified by a name and/or number. 7.10.720 -Notice to owner. A. Right to notice before impoundment. Except as provided in subsection B. of this section, the City shall give at least 20 days' written notice of its intent to impound abandoned property or a vessel. B. No right to notice before impoundment. The City need not give written notice before impoundment, but shall give written notice of impoundment within 24 hours after an impoundment where the harbormaster determines that: 1. The abandoned property's or vessel's presence in the harbor presents an immediate danger to public health or safety; or 2. The removal of the abandoned property or vessel to be impounded from the harbor without payment of delinquent fees or other charges is imminent. C. Contents. An impound notice shall be prepared by the harbormaster and shall contain: 1. The name and/or official number or state registration number of the vessel, where applicable; 2. The location of the abandoned property or vessel; 3. The name and address, if known, of the owner; 4. A statement that the City intends to impound, or has impounded, the abandoned property or vessel; 5. The reason for the anticipated or actual impoundment; 6. The intended disposition of the abandoned property or vessel if no action is taken within 20 days from the date of the notice; 7. The owner's right to a hearing and the manner in which to request such a hearing; 8. The name, address, and telephone number of a person at the City to contact; 9. The procedure for obtaining release of the abandoned property or vessel from impoundment or threat of impoundment; 205 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 10. A statement that the abandoned property or vessel is subject to storage charges once impounded; and 11. If impoundment has already occurred, a statement of the owner's right to obtain immediate release of the impounded property or vessel by posting a bond pending a hearing to determine whether probable cause of impoundment existed, said bond not to exceed the total of all delinquent charges and fees owed the City, including the cost for impoundment and storage. D. Distribution. The impound notice shall be: 1. Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address, to any person who is known by the harbormaster to have a qualified interest in the abandoned property or vessel, to all known lienholders, and to any other person designated in the moorage agreement to receive notices regarding a vessel; provided, however, that notice need not be sent to any person whose interest in a vessel is not recorded with a State department or a Federal agency and whose name and address does not appear on the moorage agreement for that vessel. If the harbormaster cannot determine the address of the owner of abandoned property or a vessel, notice shall be published at least once in a newspaper of general circulation in the City and, in the case of a vessel, shall be mailed to the U.S. Coast Guard documentation officer of the port of documentation, if such port can be reasonably ascertained. 2. Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall, and in a United States Post Office in the City. 7.10.730 -Impoundment. The harbormaster may impound the abandoned property or vessel by immobilizing it, removing it, or having it removed, and placing it in public or commercial storage with all expenses of haul- out and storage and an impound fee to be borne by the owner of such abandoned property or vessel. A. The holder of a qualifying interest in such abandoned property or vessel may appeal an impoundment decision pursuant to section 7.10.900. B. If the city manager determines there is probable cause to impound the abandoned property or vessel and a bond has been posted by the owner, the bond shall be forfeited to the City and no further action to impound the abandoned property or the vessel shall be taken. C. If the city manager determines there is probable cause to impound the abandoned property or vessel and impoundment has not already occurred, the harbormaster may proceed immediately with impoundment of the abandoned property or vessel. D_The city manager's decision shall in no wad not affect any criminal proceedings in connection with the impoundment in question. , 7.10.740 -Release from impound. 206 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 A. Upon the city mana,-er's decision reversing an impoundment, the abandoned property or vessel shall be released from impoundment without cost to the owner and any bond posted by the owner released to the owner. B. In the absence of the city manager's decision reversing an impoundment, the owner,the representative of an owner,or any person in lawful possession of the abandoned property or vessel may apply to the harbormaster to release the abandoned property or vessel from impoundment at any time before its disposition under this chapter. An application for release from impoundment shall include the following: 1. Proof satisfactory to the harbormaster that the applicant is the owner of the abandoned property or vessel, or, if the applicant is not the owner, proof satisfactory to the harbormaster of the applicant's authority to represent the owner; 2. Either: a. Payment of all delinquent moorage or other charges for the abandoned property or vessel, including interest and penalties, if any, all costs of towing, appraising, impounding, and storing the abandoned property or vessel, and all costs incurred for any pending sale of the abandoned property or vessel; or b. The posting of a bond or other security pending resolution of an appeal to the superior court,said bond not to exceed the appraised value of the abandoned property or vessel, if known; 3. Proof of arrangements satisfactory to the harbormaster for either the removal of the abandoned property or vessel from the harbor,or the placement of the abandoned property or vessel in a location in the harbor approved by the harbormaster. C. The harbormaster need not release the abandoned property or vessel from impoundment under this section when: 1. The harbormaster determines that possession of the abandoned property or vessel would be unlawful or would present an immediate hazard to public health or safety; or 2. The harbormaster has actual knowledge that ownership or possession of the abandoned property or vessel is in dispute. 7.10.745 -Disposition of impounded abandoned property or vessel. A. The city shall not dispose of impounded abandoned property or an impounded vessel until thir 301 days after the date of impoundment under this chapter. B. Public auction is not required when the appraised value of the abandoned property or vessel, as determined by an independent appraiser, is less than $500.00. The appraiser must have at least one year of experience in the sale, purchase, or appraisal of abandoned property or vessels. Upon that determination and after public advertisement has been made once in a newspaper of general circulation, the harbormaster may sell the abandoned property or vessel by negotiation, dispose of it as junk, donate the abandoned property or vessel to a governmental agency, or destroy it. 7.10.750 -Public auction. 207 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 A. Notice of sale. Prior to the sale of any impounded property or vessel, the harbormaster shall prepare a written notice of sale of the property or vessel. The notice shall contain: 1. The name and/or official number or state registration number of the abandoned property or vessel, the location of the abandoned property or vessel, and a detailed description of the abandoned property or vessel; 2. The date, time, and place of the sale; 3. The fees, interest, and costs that are due against the abandoned property or vessel and any bidding terms; 4. A statement indicating to whom payment must be made in order for the owner to redeem the abandoned property or vessel prior to sale; and 5. A statement indicating that the city may purchase the abandoned property or vessel at the sale for an offset bid in the amount of fees and charges due the City for the abandoned property or vessel. B. Distribution. At least twen 201 days before the sale, the notice of sale shall be: 1. Mailed by certified mail, return receipt requested, to the last known owner of the abandoned property or vessel at the owner's last known address; 2. Posted on the abandoned property or vessel, in the harbormaster's office, at City Hall, and in a United States Post Office in the City; and 3. Published at least once in a newspaper of general circulation in the City for a total of seven consecutive days. 7.10.755 - Sale. A. Public auction. Any time after the distribution of the notice of sale, the abandoned property or vessel may be disposed of by public auction, through oral tenders, or by sealed bids. B. Bids. The minimum acceptable bid shall be a sum equal to the fees against the abandoned property or vessel, including interest and costs to be paid in cash at the time of sale or within five days thereafter. The proceeds of such sale shall be first applied to the cost of sale, including advertising, then to interest owed the City, then to fees accrued and owed to the City, and the balance, if any, shall be held in trust by the City for the owner of the abandoned property or vessel to claim. If such balance is not claimed within two years, the balance shall be forfeited to the city and paid into the harbor enterprise fund. C. No acceptable bids. If at the public sale there are no acceptable bids for the abandoned property or vessel, the City may destroy, sell at a private sale, or otherwise dispose of the abandoned property or vessel. The disposition to be made without liability to the owner, any person in possession of the abandoned property or vessel, or any lienholder of the abandoned property or vessel. 7.10.760 -Effect of sale. Upon sale being made,the City shall make and deliver its bill of sale,without warranty, conveying all of the City's interest in the abandoned property or vessel to the buyer. Article 8. -Licenses and Permits 208 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.10.810 -Licenses and permits prerequisite to conduct of business. No business activity shall be conducted within the harbor or SMIC unless the licensee, permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary harbor permits or agreements and a business license, if needed, from the City;provided,however,that commercial fishing vessels do not require a business license to carry on the normal activities relating to their operation. 7.10.812 -Business license required. Subject to section 8.30.020, a business license is required if engaging in a business within the City. Applications for a business license are handled through the city clerk's office and are governed by chapter 8.30, Business license. 7.10.815 - Terminal use permits or license agreements—Required. A. In this section, terminal use permits may be referred to as "permits" and license agreements may be referred to as "agreements." B. A signed terminal use permit or license agreement along with proof of insurance and cargo manifests are required from the harbormaster's Office for any operation that engages in commerce that uses City docks, approaches or facilities for loading or unloading of cargo, petroleum providers, usage of dock approaches, or landing areas across City of Seward property. Terminal use permits are required for activities in which wharfage rates apply or when merchandise is passed over the city docks per Section 285 of the Port and Harbor Tariff Regulations. C. It shall be unlawful for any person to conduct or carry on any business upon any portion of the city beach or docks, landing stage, or approach thereto in use in connection with the City docks, or to use, occupy or hold possession of any part of the City docks, landing stage or approach thereto, for any business purpose whatever, except for taking on or landing passengers,unless such person has a valid terminal use permit or license agreement signed by the harbormaster. D. It shall be unlawful for any person to solicit, ask for or request patronage or trade, or display ware or advertise in any way, on the City beaches, docks, landing stage or approach thereto in use in connection therewith, for any business, or to sell tickets of any kind therewith, or to sell any article of merchandise upon any portion of City beaches, docks, float, landing stage or approach thereto, unless such person has a valid terminal use permit or license agreement signed by the harbormaster. E. A moorage contract is a separate requirement and does not require a terminal use permit. Seafood processing businesses shall obtain a permit or agreement for utilizing City beaches, docks and floats. Terminal use permits are not required for vessels loading gear such as: strongbacks, lines, hatch covers, walking boards, nets, groceries or vessel safety equipment, or for vessels refueling for standard operations. 7.10.820 - Agreements or permits—Employees and agents of principals. 209 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Where an agreement or permit is desired for a person to carry on business as an employee or agent for any person, the application for such permit or agreement shall be approved by the principal of such person, and such permit may be revoked at any time without notice to the holder thereof upon the request of such principal to do so. 7.10.825 -Agreements or permits—Application. The application for an agreement or permit shall be in writing and shall set forth the following information: 1. The name and address of the applicant and, if the applicant shall be a firm, the names and addresses of the members of such firm, and, if the applicant shall be a corporation, the names and addresses of the officers of the corporation; 2. The names of the vessels, the description of the business to be carried on by means of such vessels, a reference to the business licenses, if any, held by such applicant, and any other particulars which such applicant may wish to set forth as a reason for granting such permit; 3. A description of the space on the City facilities of the floats or landing stages the applicant desires to use in carrying on such business; and 4. A statement to be signed by the applicant that if such permit shall be granted, he will conduct his business thereunder in accordance with the laws of the City in relation thereto, the terms of such permit and all rules and regulations in relation to the City facilities, and that the permit may be revoked at any time by the City for the violation of the terms of such permit, and that the decision of the harbormaster as to the revocation of any such permit shall be final and conclusive,unless timely appealed in writing pursuant to section 7.10.900. 7.10.830 -Agreements or permits—Duration. The harbormaster shall have the power and authority to grant a permit or agreement to any person to use or occupy certain portions of the City facilities, and any float, landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at any time by the harbormaster for violation of any of the terms of such permit, or of the laws of the City, or of the rules and regulations adopted by the City Council for the use of the City facilities. The harbormaster may deny a request for an agreement or permit based on past business practices of an applicant, level of existing use at City docks, or upon other facts supporting a finding that an agreement or permit is not in the best interest of the city. 7.10.835 -Agreements or permits—Terms and conditions. All business agreements or permits shall be on forms provided by the City, and shall include such terms and conditions, in addition to those set forth in this chapter, as the harbormaster may determine from time-to-time to be necessary or advisable to preserve the public peace and quiet on the City facilities or to protect the public welfare, and all such terms and conditions included in any such permit shall be binding on the holder of such permit to the same extent as though expressly set forth in this chapter. 210 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.10.840 -Agreements or permits—Suspension and revocation and appeals. A. Suspension. The harbormaster may, at any time, as a penalty for the violation of the provisions of any permit or agreement, suspend an agreement or permit for a period to be fixed in such order of suspension. B. Revocation. All permits or agreements issued shall be granted and accepted by all persons receiving such permits or agreements with the express understanding that the harbormaster may revoke the same at any time if satisfied that any of the conditions of the permit or agreement or provisions of this chapter have been violated, or that such permit or agreement was obtained by fraudulent representation, or that the holder of any such permit or agreement is an unfit person to be entrusted with the privileges granted by such permit or agreement; provided, that no permit or agreement shall be revoked without first giving the holder an opportunity to appear before the City Manager on the holder's own behalf, except as to an employee or agent of some other person holding a permit or agreement who requests such revocation. C. Appeals. In the event of a dispute between the parties under this permit, the harbormaster shall issue a written decision and serve a copy thereof upon the permittee. The permittee may request an administrative hearing following the procedures outlined in section 7.10.900. 7.10.845 -Right of City to inspect leased premises. The City reserves the right to inspect any of the rented or leased premises at any time. Failure to inspect shall not be deemed to create any responsibility upon the City. 7.10.850 -Applicants to release City from liability. The City assumes, and shall be under, no liability for anything done or omitted to be done under or in relation to any of the provisions of this chapter, and applicants for permits shall release the City accordingly. All applicants shall provide the City with proof of current liability insurance during the term of the agreement or permit. (See also sections 7.10.215 and 7.10.345.) Article 9. -Appeal 7.10.900 -Appeal. (a) Demand for hearing. Any person holding a qualifying interest in a vessel who is denied moorage or use of harbor facilities or whose vessel is subject to impoundment by the harbormaster has the right to appeal the harbormaster's determination to the City Manager. Any such person desiring a hearing shall file a written demand with the City Clerk within seven days after notification of the harbormaster's decision. The request for appeal must include a detailed explanation describing the reasons and basis for appeal. Failure of the appellant to request or attend a scheduled hearing shall be deemed a waiver of the right to such a hearing and the harbormaster's decision shall be final. The decision of the harbormaster will remain in effect during the appeal period. 211 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 (b) Hearing procedure. The hearing shall be conducted within seven days of receipt of a timely written demand from the appellant, unless such person waives the right to a speedy hearing. The City Manager shall determine whether the facts are such as would lead a reasonable person exercising ordinary prudence to believe there are credible, specific and sufficient grounds supporting the harbormaster's decision. The City Manager shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The appellant has the burden of establishing by a preponderance of the evidence that the findings of fact are incorrect or that the harbormaster's decision is arbitrary and capricious. (c) Decision. Within five days after the conclusion of the hearing, the City Manager shall issue a written decision. A copy of the decision shall be provided to the appellant. The decision of the City Manager is final. Chapter 7.15. - Campgrounds, Parks and Open Spaces 7.15.010 - Camping, municipal. (a) No camping, other than as specified in section 15.10.226, shall be allowed within the City limits except in areas designated as municipal campgrounds by resolution of the City Council or in private camper parks operating under a permit. "Municipal campgrounds" means campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. Fees for camping in municipal campgrounds shall be set by resolution of the City Council. Camping on private land is subject to Chapter 8.15 and Chapter 15.10. (b) Persons camping must be housed in a camping unit as defined in [section] 8.15.110. (c) Disabled and/or senior citizens age 62 and over may camp for extended periods of time provided that they first obtain a special permit and monthly pass from the City Parks and Recreation Department. Tents or structures of plastic sheeting, canvas or similar materials are not eligible for monthly passes or special permits. (d) Camping in municipal campgrounds shall be allowed between April 15 and September 30 each year, provided, however, that the City Manager may modify the opening of municipal campgrounds until such time as staffing and weather conditions permit such use. In no event shall camping by one party be allowed for more than 14 consecutive days in one municipal campground except as noted in (c). Except for those areas opened for camping by resolution of the Council or stated in subsection(e)below, all municipal campgrounds shall be closed to camping beginning October 1 through April 14, annually. (e) Winter camping shall be permitted at a designated municipal campground. In no event shall camping by one party be allowed for more than 14 consecutive days in one camping space. (f) Persons camping in violation of this section are subject to citation, eviction and/or impoundment by authorized personnel. Persons camping who violate posted camping regulations may have their camping permits revoked and may be evicted by authorized personnel. Citations or complaints by authorized personnel shall include a complete description of the violation and any contact between the violator and parks staff. 212 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.15.015 -Recreational trails—Commercial activity prohibited. Any public use trail located in a public park property or public right-of-way, constructed solely for the recreational pursuits and enjoyment of citizens and designed for bicycling,hiking and/or cross- country skiing, shall be restricted from all uses involving commercial, retail activities and use by vehicles for hire, including, but not limited to, motorized vehicles, bicycles, pedicabs, rickshaws and animal-drawn carriages. 7.15.020 -Municipal campgrounds, registration and permits. Municipal campgrounds are designated as fee areas. Unless otherwise posted, persons camping shall self-register and pay the established fees as posted before occupying a campsite. A valid camping permit must be visibly displayed and attached to all camping units at all times. Failure to self-register and pay the established fee shall result in a fine of$50.00. If fine is paid within ten days, the fine shall be reduced to $25.00. For the purposes of this chapter, camping is defined as occupying a camping unit. A camping unit is defined in 8.15.110. 7.15.025 -Parks development and improvements. All developments and improvements to City-owned park facilities shall require the prior approval of the City Parks and Recreation Director. Chapter 7.20. - Cemeteries and Burials 7.20.010 -Purpose and intent. It is the intent of this Code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial; ensure the continuity of its operation;provide for accountable record keeping; provide for protection of public property; and provide for the safety, health and welfare of the public. 7.20.015 -Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number,words in the singular number include the plural number and words in the masculine gender include the feminine. The word"will" is always mandatory and not merely directory. Burial (interment)-means the permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment,inurnment of cremains in a niche or container,or earth burial. Disinterment (exhumation) means the legal removal of a deceased person's remains from a grave. Burial lot means a single platted parcel of land within a cemetery designed for interment of human remains. Includes grave, plot, site or space. Burial preparation means the excavation,backfill and removal of excess material from a burial lot and replacement of the turf. 213 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Burial permit means a valid City permit allowing the burial of a deceased person in any cemetery. A valid State of Alaska burial permit is required to obtain a City permit. Cremains means the cremated remains of a deceased person. Cemetery means a burial park for earth and crypt interments. CLty means the city of Seward. Grave reservation permit means a revocable use permit to reserve a burial lot(s) in the cemetery. Memorial means any marker,monument, tablet,headstone or structure upon or in a burial lot, niche or crypt placed thereupon for the identification or memory of the interred. Perpetual care means attending to the normal and reasonable maintenance of burial lots, the grounds, walks, roadways,boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals; removal of rubbish; general care and pruning of trees and shrubs that may be along the walks, roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers, shrubs, trees or other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials; nor the construction or reconstruction of any marble, granite,bronze or concrete work on any lot where same is damaged from any cause whatsoever. Remains means any part or parts of the body of a deceased person. Reservation means reserving a burial lot(s) in advance of interment, and does not imply any fee simple transfer of ownership. (See "grave reservation permit.") 7.20.020 - Generally applicable to private and public cemeteries. (a) Permits required. (1) There shall be no burials or exhumations within any cemetery within the city or under city ownership without an appropriate city burial/exhumation permit issued in accordance with the provisions of this chapter. (2) City permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations. (b) Burial. (1) It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. (2) The remains of any person may not be exhumed without submission of a valid state of Alaska permit and any applicable fees. (c) Markers. (1) A permanent marker identifying the person interred must be placed on a grave within one year of interment. (2) Minimum and maximum marker size and type must be in accordance with rules and regulations adopted by the City Council. (d) Records. (1) The city will permanently maintain records of all burial and exhumation activity in all private and public cemeteries within the city or under city ownership. 214 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 (2) The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting burial or exhumation locations. The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. 7.20.025 - City cemetery created. (a) All that portion and parcel of lands described as the Woodlawn Cemetery Plat, dated October 17, 1916, and Lot 1,Fort Raymond Subdivision Plat No. 87-12, dated July 2, 1987,both filed in the Seward Recording District and owned by the City of Seward, are hereby set aside and dedicated for cemetery purposes as a burial place for the dead and, subject to the provisions of this chapter, are open to all persons regardless of race, creed, color, religion or national origin. (b) The Woodlawn Cemetery is considered to be historic and not open to new burials. (c) The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots, duly numbered, and a map thereof made and filed with the city clerk. 7.20.030 -Rules and regulations—Promulgation and authority. (a) All land within the city cemetery and within any extension of the cemetery at any time hereafter made will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city. The police power of the city is extended over all of the cemetery. (b) The city manager may promulgate rules and regulations, subject to approval of the City Council, governing the use, maintenance and operation of city owned cemeteries, including but not limited to the: (1) Replat, change of boundaries or grading of any part thereof, (2) Reservation, use and disinterment of any burial site; (3) Type and size of burial markings, decorations and memorials; (4) Issuance of permits for the reservation, use and disinterment of burial sites; (5) Establishment of fees for service and permits issued in connection with the cemetery; (6) Interment locations, space, capacity; (7) General access including pedestrian and vehicle traffic; and (8) Maintenance, landscaping, care, construction, repairs and grave preparation. (c) Said rules and regulations will be on file with the city clerk and available for perusal by any interested person upon request during regular city business hours. (d) Within the guidelines established by said rules and regulations, the city manager will have the final administrative responsibility for management of city owned cemeteries. 7.20.035 - Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof, to modify, change location, move or regrade roads, drives, walks or any part thereof, to lay, maintain, operate, alter or change pipelines, gutters, sprinkler systems or drainage; and to relocate grave sites or allow disinterment upon proper legal authority. The city 215 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. 7.20.040 -Burial site reservations. (a) Upon establishment of rules and procedures by city council resolution, burial sites may be reserved on a first come, first served basis by any person for himself or immediate family members to a maximum of ten burial sites. In order to encourage family grave lot use and to discourage institutional speculation, funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. (b) The city manager will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation. The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. (c) Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. (d) Reservation fees for a space vacated due to exhumation will not be refunded, and the burial site will return to the pool of unreserved sites. 7.20.045 - Cemetery funding. In order to provide for the management, operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arising from burial site reservations, operation fees, donations and other sources to be exclusively used, under the direction of the city council, in payment for operations and improvements to the cemetery. 7.20.050 - Grave preparation. All grave openings, closings, site preparation, interments, exhumations, marker placement and removals will be in accordance with rules and regulations adopted by the city council. 7.20.055 - Standards for grave markers. No memorial marker will be accepted which does not conform to standards for memorials as specified in rules and regulations adopted by the city council. 7.20.060 - Care of cemetery. (a) The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. (b) The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage, but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions. The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief or accidents. 216 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 7.20.065 -Enforcement. The city manager or his designated representative will enforce all cemetery regulations. 7.20.070 -Prohibited acts. (a) Deposit of materials. No person will deposit any rubbish, filth, waste or other unclean or unsightly substance in the cemetery. (b) Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code. Vehicles may not exceed a speed of 10 MPH. No vehicle may enter the cemetery except for the purpose of attending funerals, visiting graves or other lawful mission. (c) Nuisance conditions designated—Abatement. Any tree, shrub, plant, fencing or other structure, enclosure, decoration, headstone, tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. (d) Planting of trees, etc., prohibited without approval of cit No person may plant or set any tree, shrub, flower, grass or other plant of any kind in the cemetery without city approval. OFnaments, walks, sidewalks, fenees, gateposts, monuments, MaFkeFS OF otheF thiHgS used in oF belonging to the eemeter-�- (€e) Animals. It is unlawful to ride or drive any animal upon, over or across the lands or lots of any cemetery except on established vehicle ways; or to hitch or tie any animal to any trees, shrubs, plants or other ornament within any cemetery, or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. (gb Noise.It is unlawful for any person,except a city employee or contractor in the performance of his duty in caring for the cemetery, to willfully make any unnecessary noise or disturbance within the cemetery. 7.20.075 -Violations—Penalties. Any person, firm or corporation who violates any provision of this chapter will, themof-,be fined in an amount not exeeeding$300.00 be subiect to a fine as provided in Section 1.05.010. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. CHAPTER 7.25 -MATERIAL SALES 7.25.001 -Definitions. In this chapter: (1) "Competitive sale" means a sale which is open to competitive sealed bid or proposal; 217 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 (L2) "Fair market value" means the highest price described in terms of money, which material would bring if offered for sale for a reasonable time in the open market by a seller willing,but not forced, to sell to a buyer willing,but not forced, to buy,both being fully informed of the purposes for which the material is best adapted or could be used. (43) "Material" includes, but is not limited to, the common varieties of rock, sand, gravel, stone, pumice, pumicite, cinders, clay, topsoil, peat, and sod; (5D "Operator" means a person who has entered into a contract with the city under this chapter to operate and manage, and to purchase material from, a natural material site owned by the city. 7.25.003 -Interpretation. (a) Consistent interpretation and effect of invalidity. This title shall be construed to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state laws and regulations and any conveyances or agreements from or with the state pertaining to city owned land and materials. If any section of this title is declared invalid,the remaining sections shall not be affected. (b) Application in an emergency. The provisions of this title shall not be construed to limit an operator or the city from taking action necessary to protect life, limb or property in the case of an emergency. 7.25.005 -Management. (a) The air city manager shall oversee operations and management of the city's material sources and all material sales. A management contract, if a person other than the air CitV manager is to manage and operate the material site, shall be sought in accordance with the competitive sale procedures followed in the awarding of purchases, Title 6. (b) A manager, if selected by the city, and the manager's employees, subcontractors, and assigns shall comply with all applicable federal, state, and local laws and regulations. Compliance with the provisions of this chapter and other applicable sections of the Code of Ordinances shall be a material condition of a management contract. Failure to comply with the provisions of the code is cause for suspension or cancellation of the contract. (c) The city may authorize sales of materials to operators upon request, and in accordance with this chapter. If a management contract is in effect for a site, all requests to purchase materials from the site shall be through the manager of the site. 7.25.010 -Passage of title. All right, title, and interest in or to the material remains with the city until the material has been loaded, determined as to volume or weight,removed from the site, and paid for in compliance with the contract provisions and applicable laws and regulations. Material which is not removed from the sale area and paid for by the operator within the period specified by a contract remains the property of the city. 7.25.020 - Price, volume and weight determinations. 218 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 Material prices and volumes or weights shall be determined in the manner required by a management contract or if no management contract is in effect for the site, then the fair market sales price established by the director. The air city manager may consider market costs, prices, values, and other information obtained from prudent operators, state and federal agencies, industry associations,price or market reporting services, or other sources and methods determined by the director to be in the best interests of the city. 7.25.025 - Contract provisions. A materials contract must include, but is not limited to: (1) A description of the sale area, the maximum volume, board feet or weight of material to be removed from the sale area, the method of payment by the operator; (2) The operator's site-specific operating requirements including, but are not limited to, compliance with all applicable local, state and federal laws and regulations, requirements relating to boundary markers and survey monument protection; erosion control and protection of water; fire prevention and control; roads; sale area supervision; protection of fish, wildlife and recreational values; sale area access; safety; limitations on blast size and location and/or extraction methods with respect to the impact on adjacent and nearby properties, utilities and infrastructure; and reclamation; (3) A requirement that a performance bond be in place at all times for the duration of the contract covering, at a minimum, estimated rehabilitation costs and management agreement completion costs if performed by other than the operator; and (4) A requirement that the operator maintain insurance as determined by the city's risk manager, assumption of all risk and liability under the contract, and indemnification of the city including adding the city as an additional insured with a waiver of subrogation on all insurance policies. 7.25.030 -Use of roads and facilities. The air city manager may use, and may authorize other persons to use, roads and facilities constructed and maintained by the operator during the contract period if the use does not interfere with the operations of the operator. The per city manager may also limit the maximum load capacity of all city owned and/or maintained roads and streets to preserve the integrity of the road surface, cross section, drainage, edges and intersections. Access to the facility at any time using such roads and facilities by authorized city officials in the conduct of their official duties shall not be prevented or obstructed. 7.25.035 - Sale of other materials. The city reserves the right to use or sell from the sale area during the time that a materials contract is in effect material which is not covered by the contract if the air city manager finds that removal of the material will not interfere with the operations of the operator. 7.25.040 -Rehabilitation. 219 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 An operator shall rehabilitate the sale area. The contract may require the operator to submit a complete plan, to be approved in advance by the per city manager for the area which must be rehabilitated. 7.25.045 -Proper location by operator. The operator is responsible for the accurate location of operations pursuant to a contract entered into under this chapter. At no time shall the operator extend material extraction operations outside the boundaries, intentionally or unintentionally, of the material extraction area unless specifically authorized in writing by the per city manager. 7.25.050 -Inspection and reports. (a) Activities conducted on city land under material sale contracts are subject to inspection by the city. Books and records of an operator, and/or of a manager's contractors and subcontractors, relating to operations under the contract are also subject to inspection at any time by the city. (b) The air city manager will require the operator to submit monthly, semiannual, annual, or other periodic reports, including a final report. The reports must provide an accurate accounting of the quantity of materials removed. 7.25.055 -No warranty. The city warrants neither the quantity nor the quality of the material to be removed from an area. 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 I Oh day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: 220 CITY OF SEWARD, ALASKA ORDINANCE 2023-008 ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 221 • swir- Ordinance 2023-009 Documents: • Agenda Statement • Ordinance 2023-009 o Title 15 Floodplain Code Revisions 222 City Council Agenda Statement a Meeting Date: March 28, 2023 t! To: City Council From: Janette Bower, City Manager Subject: Ordinance 2023-009: Amending Seward City Code; 15.25 Floodplain Management,Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) Background and justification: On March 29, 2022, the City Council approved the Planning and Zoning Commissions priorities, one of which was to "make recommended updates to Title 15." The Floodplain Management section in Seward City Code was last reviewed and updated in 2016. The City of Seward has identified flood hazard areas that are subject to periodic inundation, which may result in loss of life and property. FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP), and to promote public health and safety, and minimize public and private losses during flooding. The Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA. The entire 15.25 Floodplain Management section currently in Seward City Code will be stricken and replaced with the FEMA model Ordinance. Various revisions have been made due to discussions at the joint work session and feedback from FEMA, to ensure that the Ordinance reflects the needs of the community of Seward. On November 8, 2022, the Planning and Zoning Commission postponed Resolution 2022-027 to wait for further feedback from FEMA regarding the changes that had been proposed to the Seward City Code Title 15.25 Floodplain Management. On January 10, 2023 the Planning and Zoning Commission approved Resolution 2022-027 recommending the City Council amend Seward City Code 15.25 Floodplain Management to adopt the recommended language and regulations from FEMA. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 2.2.8 — City Government "Continue to review and update the City code." Vol 1, Chapter 3.8.1.2 — "Protect citizens from natural hazards by using appropriate land use policies and regulations." Vol 1, Chapter 3.8.1.4 —"Mitigate flood hazards" Vol 1, Chapter 3.8.1.5—"Control development on lands subject to risks from 223 seismic activity,floods, steep slopes prone to erosion,avalanches, landslides, and saturated soils." Strategic Plan: "Mitigate flood hazards." Page 11 "Actively participate in the National Flood Insurance Program (NFIP)."Page 11 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: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Finance Director Signature: �f Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation eAdopt ordinance Other: 224 Sponsored by: Bower Introduction: March 28, 2023 Public Hearing: April 10, 2023 Enactment: April 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 An Ordinance of the Seward City Council, Amending Seward City Code 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) WHEREAS, on March 29, 2022, the City Council approved the Planning and Zoning Commission's priorities one of which included, "Make recommended updates to Title 15"; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code; and WHEREAS, FEMA has created this model ordinance to help communities meet the minimum requirements of the National Flood Insurance Program (NFIP); and WHEREAS, in Alaska Statutes Title 29, the Alaska State Legislature has delegated the responsibility to each community to adopt floodplain management regulations designed to promote the public health, safety and general welfare of its citizenry; and WHEREAS, the City of Seward has identified flood hazard areas that are subject to periodic inundation which may result in loss of life and property; and WHEREAS, it is the purpose of this updated Floodplain code to promote public health, safety, and general welfare, and to minimize public and private losses due to flooding; and WHEREAS, the Planning and Zoning Commission held a joint public work session with the Seward Bear Creek Flood Service Area Board on 10/17/2022 to discuss the recommended model ordinance from FEMA; and WHEREAS, on November 8, 2022, the Planning and Zoning Commission postponed Resolution 2022-027 to wait for further feedback from FEMA regarding the proposed changes to the Floodplain Code; and WHEREAS, on January 10, 2023, the Planning and Zoning Commission passed Resolution 2022-027 recommending City Council to approve this ordinance; NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 225 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 Section 1. Seward City Code Title 15.25.010 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.010 Findings and statement. A. Findings. 1. The flood hazard areas of the City of Seward are subject to periodic inundation which may result fesalts in loss of life and property,health and safety hazards,disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses may be caused by the cumulative effect ofobstructions in flood hazard areas which increase flood heights and velocities and, when inadequately anchored, cause damaze in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damaze, also contribute to flood loss. B. Statement of purpose. It is the purpose of this chapter to promote the—public health, safety, and general welfare, and to minimize public and private losses due to floodin ee ,.endit; in speeifie-flood hazard areas by provisions designed to: 1. To Protect human life and health; 2. To Minimize expenditure of public money for costly flood control projects; 3. To Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To Minimize prolonged business interruptions; 5. To Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of spe ; ,' flood hazard areas; 6. To Help maintain a stable tax base by providing for the sound use and development of areas of speed flood hazard areas so as to minimize blight areas caused by flooding; 7 Toenstif:eth No potential buyers at:e notified that property is in a Special Flood Hazard Area; 8 T- -... that No those who occupy the areas of speei ' flood hazard areas that thev assume responsibility for their actions; and 9. Participate in and maintain elizibility for flood insurance and disaster relief. C. 9bjeetives.Methods ofreducing flood losses. In order to accomplish its purposes,this chapter includes methods and provisions€ems to: 1. Restrictifig or prohibiting iases development which pis dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; 2. Requireing that uses development vulnerable to floods, including facilities, wh s,, , be protected against flood damage at the time of initial construction; 3. Controling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 226 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 4. Control4frg filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent4ag or regulatg: r the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. Section 2. Seward City Code Title 15.25.020 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.020 -Definitions. For purposes of this chapter, the following words and phrases shall be defined as follows: Alluvial fan. A zeomorpholozic feature characterized by a cone or fan-shaped deposit of boulders, gavel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subiect to flash floodinz, hi,ah velocity flows, debris flows, erosion, sediment movement and deposition, and channel mi,aration. Appeal. means A request for a review of the .,am inisttutive ffie a 's Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Appurtenant structure. A structure that is on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. Area of shallow flooding. A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or'-rester annual chance of floodinz to an averaze depth of one to three feet where a clearly defined channel does not exist, where the path of floodinz is unpredictable, and where velocity flow may be evident.Such floodinm is characterized by pondinz or sheet flow. Area of special flood hazard. The land in the Floodplain within a community subiect to a I percent or Greater chance of floodinz in any Given year. It is shown on the Flood Insurance Rate Map (FIRM) as Zone A,AO,AH,Al-30,AE,A99,AR (V, VO, V1-30, VE). "Special flood hazard area"is synonymous in meanie,-with the phrase "area of special flood hazard': Base flood. ffleans The flood having a one percent chance of being equaled or exceeded in any given year.Also t4effed to as the 100 yeat:fleed. Designation an maps always ineludes the lettef:s A efV. Base flood elevation WE). The elevation to which floodwater is anticipated to rise during the base flood. 227 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 Basement. Any area of the buildinz havinz its floor sub-,arade-i.e., below around level-on all sides. Breakaway wall. means A_ wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Buildinz See "Structure." Coastal high hazard area. means the An area of special flood hazard extendinz from offshore to the inland limit of a primary frontal dune alonz an open coast and any other area subject to high velocity wave action from storms or seismic sources. ..,,tet:s "e to witi tidal aetio ste �7 , designated an the FT Zone V! V30, VE of V. Development.means Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. leeatea within the af:ea of speeia t'^^a Elevation certificate.An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on rill(LOMR-F). Federal Emergency Management Agenc The agency responsible for administration of the National Flood Insurance Program. Flood or flooding. means A. A_general and temporary condition of partial or complete inundation of normally dry land areas from ems: 1. The overflow of inland or tidal waters; an&er 2. The unusual and rapid accumulation or runoff of surface waters from any source or; 3. Mudslides (Le., mudflows) which are proximately caused by floodin'a as defined in paragraph (a)(2) of this derinition and are akin to a river of liquid and flowinz mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited alonz the path of the current. B. The collapse or subsidence of land alonz the shore of a lake or other body of water as a result oferosion or undermininz caused by waves or currents ofwater exceedinz anticipated cyclical levels or suddenly caused by an unusually hi'ah water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash 228 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 flood or an abnormal tidal sure, or by some similarly unusual and unforeseeable event which results in floodinz as defined in paragraph (a M of this definition. Flood elevation study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Flood hazat:d at:ea means the land in the f400dplaip, having a one pet:eefit ot: gr-eatet: ehanee of Flood Insurance Rate Map (FIRM). paea s _The official map of a community, on which FEMA the Federal Insurance Administrator has delineated both the aFeas-of special flood hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available dizitally is called a Dizital Flood Insurance Rate Map (DFIRM). the wateF s tFf e elev t Flood Insurance Study (FIS). See "Flood elevation study': Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source. See def4nitiop:of"Flood or flooding." Floodplain administrator. The community official designated by title to administer and enforce the floodplain manazement regulations. Floodplain manazement. The operation of an overall program of corrective and preventive measures for reducinz flood damaze, includinz but not limited to emergency preparedness plans, flood control works, and floodplain manazement regulations. Floodplain manazement regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, aradin'a ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof. which provide standards for the purpose of flood damaze prevention and reduction. Flood proofing. Any combination of structural and nonstructural additions, chanzes, or adiustments to structures which reduce or eliminate risk of flood damaze to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodway.ffieatis The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height .. Also referred to as "Re,aulatory Floodway." 229 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 Freeboard. A factor ofsafety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard"tends to compensate for the many unknown factors that could contribute to flood heights Greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrolozical effect of urbanization of the watershed. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only dockinz facilities,port facilities that are necessary for the loadinz and unloadinz of carzo or passenzers, and ship buildinz and ship repair facilities, and does not include lon'a-term storaze or related manufacturinz facilities. Highest adiacent Grade. The highest natural elevation of the zround surface prior to construction next to the proposed walls of a structure. Historic structure.Any structure that is: A. Listed individually in the National Re'aister of Historic Places (a listinz maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meetinz the requirements for individual listinz on the National Rezister, B. Certified or preliminarily determined by the Secretary of the Interior as contributinz to the historical significance of a rezistered historic district or a district preliminarily determined by the Secretary to qualify as a re'aistered historic district, C. Individually listed on a state inventory of historic places in states with historic preservation pro,arams which have been approved by the Secretary oflnterior, or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By an approved state program as determined by the Secretary of the Interior or 2. Directly by the Secretary of the Interior in states without approved programs. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound enzineerinz practices to contain, control or divert the flow of water so as to provide protection from temporary floodinz Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainaze devices, which are constructed and operated in accordance with sound enzineerinz practices. Lowest floor. fears The lowest floor of the lowest enclosed area (including "Basement"). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided 230 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this chapter f6ttnd at se do 1 c 25 050(bv,)b Manufactured home. fneans A_structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without apermanent foundation when e6titieeted attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." *Manufactured homes are not allowed within City limits. Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced. New construction. For floodplain mana,-ement purposes, "new construction"means structures for which the "start of construction" commenced on or after the effective date of a floodplain manazement regulation adopted by a community and includes any subsequent improvements to such structures. One-hundred-year flood or 100-year flood. See "Base flood." Reasonably Safe from Flooding. Development that is designed and built to be safe from floodinz based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from floodinz means that the lowest floor is at least two feet above the Hi'ahest Adiacent Grade. Recreational vehicle. A vehicle which is: A. Built on a single chassis, B. 400 square feet or less when measured at the lamest horizontal proiection, C. Designed to be self-propelled or permanently towable by a light-duty truck, and D. Designed primarily not for use as a permanent dwellinz but as temporary livinz quarters for recreational, camping, travel, or seasonal use. Re,aulatory floodway. See "Floodway' Sheet flow area. See "Area of shallow floodinz". Special Flood Hazard Area (SFHA). See "Area of special flood hazard". 231 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 Start of construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the Pee: it date from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation.; ''^-„e^f ^ ,,,,a^*-^- Permanent construction does not include land preparation,such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceilinz, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the buildinz Structure. mean i-For floodplain management purposes, a walled and roofed building, including 'i"id of g a gas or liquid storage tank, as well as a manuAietufed home that is principally above ground. Substantial damage. means Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. means Any tvme eling, reconstruction,rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the Pe e I of: epaif: is staFted at:, if the pf:ap€Fty has been "start of construction" of the improvement. This term includes structures which have incurred "substantial damaze," rezardless of the actual repair work performed. The term does not, however, include either 1. Any proiect for improvement of a structure to correct existinz violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe livinz conditions; or 2. Any alteration of a "historic structure,"provided that the alteration will not preclude the structure's continued desig-nation as a "historic structure." Variance. fftea*s—A grant of relief from the terms of a flood plain management regulation. Violation. The failure of a structure or other development to be fully compliant with the community's floodplain manazement regulations.A structure or other development without the 232 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 elevation certiricate, other certirications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The hei'aht, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, of floods of various ma'anitudes and frequencies in the floodplains of coastal or riverine areas. Section 3. Seward City Code Title 15.25.030 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.030 General provisions. A. Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas within the eefpefate 1i boundaries of the City of Seward. B. Basis for establishing special flood hazard areas. The areas of special flood hazard areas identified by the Federal Insurance Administrato-ar in a scientific and engineering report titled "The Flood Insurance Study (FIS)for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward)" dated Oetebef 20,z September 27, 2013 and October 20, 2016, with accompanying Flood Insurance Rate Maps (FIRMs) dated September 27, 2013 and October 20, 2016, are hereby adopted by reference and declared to be a part of this chapter. The Flood Study FIS and FloodTns,,,. nee Rate M,. FIRM panels are available for viewing at City Hall on file -t- at,o r,,.,,.,, flity Development Office C. Compliance. All development within special flood hazard areas is subiect to the terms of this ordinance and other applicable regulations. „'laming and Disclimef of liability=zn� ehaptet: does not imply that land otttside the af:eas of speeial f400d hazards of:ttses peffflitted D. Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the zoverninz body; and 3. Deemed neither to limit nor repeal any other powers kranted under state statutes. F.Penalties for Non-compliance. Violation ofthe provisions ofthis chapter by failure to comply with any of its requirements (includinz violations of conditions and safeguards established 233 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 in connection with conditions) shall be subiect to a fine as set by the City Council. Nothing herein contained shall prevent the City of Seward from takin'a such other lawful action as is necessary to prevent or remedy any violation. G. Disclaimer of liability, The decree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and enzineerinz considerations. Lamer floods can and will occur on rare occasions. Flood hei'ahts may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazards areas or uses permitted within such areas will be free from floodin'a or flood damazes. This chapter shall not create liability on the part of the City of Seward, any officer or employee thereof. for any flood damazes that result from reliance on this chapter or any administrative decision lawfully made hereunder. H. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any Section of this chapter by declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional of invalid. Section 4. Seward City Code Title 15.25.040 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.040 Administration. A. PeN,elepffietit pefffitt feqttifed. Designation of the Floodplain Administrator. The City Manazer or designee is hereby appointed to administer, implement and enforce this ordinance by zrantinz or denying development permits in accordance with its provisions. The Floodplain Administrator may delezate authority to implement these provisions.—A > EliffiefiSiORS, > stefuge of matefials, dminage f4eilities, 1. Elevation in fvlation to mean sea level, of the lowest f400f: (inelttding basement) of all s4 t 2. Elevation in fvlation to mean sea level to whiek any stt:ttetttf:e has been ; ic �cncn� � . 234 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 B. Duties and Responsibilities of the Floodplain Administrator. Duties of the .,am inistfutive 44eia Floodplain Administrator shall include, but not be limited to: 1. Permit Review. Review all development permits applieatietis to determine that: a. The permit requirements have been fnet of this chapter have been satisfied; b. All other required state and federal permits have been obtained; Review all development pef:fmt applieations to Eletefmine that all neeessaFy pefm. have been appr-ovalr-eEItt4ed c. The site is reasonably safe from flooding; net-. d. In areas where a floodway has not been designated,require that no new construction, substantial improvements or other development (includinz fill) shall be permitted within Zones AI-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existinz and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 2. Use of other base flood data. When Base Flood Elevation data has not been provided in accordance with Section 15.25.030(B),the Floodplain Administrator shall obtain,review and reasonably utilize any Base Flood Elevation data available from a federal, state or other source, in order to administer Section 15.25.050. Any such information shall be consistent with the requirements of the Federal Insurance Administrator. ., f400 ,.lai development r fnit to the oFiginal . ,Bean, 3. Obtain and maintain for public inspection. Obtain and maintain the followinz for public inspection and make available as needed. a. Certification required by Section 15.25.0500)(3)(a) (lowest floor elevations for all structures, bottom of the lowest horizontal structural member (if applicable), and service facilities/mechanical equipment), b. Certification required by Section 15.25.0500)(3)(b) (lowest floor elevations or floodproofinz of non-residential structures and service facilities/mechanical equipment), c. Certification required by Section 15.25.050(A)(3)(d) (enzineered flood openinzs), d. Certification required by Section 15.25.050(F)(1) (fioodway encroachments); e. Records of all variance actions, includinz iustification for their issuance, L Improvement and damage calculations. 235 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 Use ef othef base f4eed data. Alketi base f4eed eleN,atieti data has tiot beeti pr-oN,ided iti f400dway elevation data available ffofn a fedeful, state of: othef: sottf:ee, in order- to 4. Notification to other entities. a. Whenever a watercourse is to be altered or relocated, notify adiacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, and assure that the flood carryin,a capacity of the altered or relocated portion of said watercourse is maintained. b. Base Flood Elevations may increase or decrease resultin'a from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the chanzes by submittin'a technical or scientific data in accordance with Volume 44 Code of Federal Re,aulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical chances affecting flooding conditions, risk premium rates and floodplain manazement requirements will be based upon current data. c. Notify the Federal Insurance Administrator in writin'a of acquisition by means of annexation, incorporation or otherwise, of additional areas of iurisdiction. rlif..V,.atieli to be ,.btail a .,tic ffiftititaitied. t:elation to fnean sea level) of the lowest f400t: (ineittding basement) of all new ol: basement; i.Nlet:ify and 0 0 0 a level); and 5. Remedial actions. Take actions on violations of this chapter as required in Section 15.25.030(F) herein. ,teFeettFso so that the f400ear:Fyingeapaeity ; of Elifn ;mot oa 236 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 ,, , idea ; o do 15.25.060. by fvsoltttion of the City Gottneil to be paid by the applieant at the time that the f400dplaiff C. Establishment of development permit. 1. Development Permit shall be obtained before construction or development begins within any Special Flood Hazard Area established in Section 15.25.030(B). 2. Application for a Development Permit may be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showinz the nature, location, dimensions and elevation of the area in question, existinz or proposed structures, fill, storaze of materials, drainaze facilities and the location of the forezoinz Specifically, the followinz information is required: a. For A Zones (A,AI-30,AE,AH,AO): i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existinz highest adiacent ,arade and proposed elevation of lowest floor of all structures, ii. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, iii. Certification by a registered professional enzineer or architect that the floodproofinz methods for any non-residential structure meet the floodproofin criteria in Section 15.25.0500)(3)(b), and iv. Description of the extent to which any watercourse will be altered or relocated as a result ofproposed development. b. For V Zones (VE, "-30 and V): i. Proposed elevation in relation to mean sea level of the bottom of the lowest structural member of the lowest floor (excludinz pilings and columns) of all structures, and whether such structures contain a basement; ii. Base Flood Elevation data for subdivision proposals or other development, includinz manufactured home parks or subdivisions, 'areater than 50 lots or 5 acres, whichever is the lesser, and iii. Description of the extent to which any watercourse will be altered or relocated as a result ofproposed development. D. Issuing a development permit. 1. Upon determination that the submitted and recorded information connected with the permit application meets the terms of this chapter, the administrative official shall issue a floodplain development permit to the orizinal applicant. 2. If the project involves the construction ofa residential structure in a special flood hazard area, the planninz department floodplain manazement office will issue an initial permit based on the buildinz plans in the application. A final permit will be issued after the applicant submits an elevation certificate and floodplain manazement staff determines that the buildinz is in compliance with all floodplain regulations. 237 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 3. The floodplain development permit shall be valid until the expiration date provided that the start of construction occurs within 180 days of the permit issue date. If construction does not begin within this time period, the permit will expire 180 days from the issue date. The floodplain administrator shall be notified at least three days prior to start of construction for possible site inspection and notice-to-proceed. 4. The flood plain permit shall be valid for the extent of the proiect for which it was issued. 5. The floodplain development permit is not assignable without permission from the administrator. 6. The City may charge fees for permits and variances. Fees shall be established by resolution of the City Council to be paid by the applicant at the time that the floodplain development permit application is submitted. Section 5. Seward City Code Title 15.25.050 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.050 Provisions for flood hazard reduction. A. Getiefal Standards of construction. In all special flood hazard areas, the following standards are required: 1. Alteration of Watercourses. a. The flood carryinz capacity within the altered or relocated portion of said watercourse must be maintained, andAll iew eetis etieti atid sebstatiti b. Maintenance must be provided within the altered or relocated portion of said watercourse to ensure that the flood carryinz capacity is not diminished, and A44 c. Conditions as stated in 15.25.040(B)(3)(b) and 15.25.040(B)(3)(c) must be met. 2. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resultin'a from hydrodynamic and hydrostatic loads, includinz the effects of buoyancy. e. > hefttifig, Vefitilftti6fi, 238 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 3. Construction materials and methods. a. All new construction and substantial improvements shall be constructed with materials resistant to flood damaze, b. All new construction and substantial improvements shall be constructed usin,- methods and practices that minimize flood damaze, and c. All new construction and substantial improvement shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH or AO, adequate drainaze paths shall be constructed around structures on slopes to Guide floodwaters around and away from proposed structures. T T* a. All new and t:eplaeement watet: s"ply systems shall be designed to minimize ol: b. New and t:eplaeement santtat:y sewage syst-ems shall be designed to Minimize Of to terms;-a 4. Elevation and floodproofna. a. Residential construction. 1. For A Zones (A, AE, AI-30, AH, AO). Residential construction, new or substantial improvement, shall have the lowest floor, includin'a basement, elevated to or above the Base Flood Elevation. i. In a Zone AO, the Base Flood Elevation is determined from the FIRM panel as the depth number specified. If no depth is specified, the required elevation is at minimum two (2) feet above highest adiacent Grade. ii. In a Zone A where the Base Flood Elevation has not been determined, the Base Flood Elevation is determined locally by the criteria set out in Section 15.25.040(B)(2). A minimum of 2 feet above highest adiacent 'arade may result in a lower insurance premium. iii. In Zones AE, AI-30, and AH, the Base Flood Elevation is determined from the FIS and/or FIRM. iv. A zaraze attached to a residential structure, constructed with the zaraze floor slab below the Base Flood Elevation, must be desi'aned to allow for the automatic entry and exit of flood waters. See Section 15.25.050(A)(3)(d). Upon completion of the structure, certification by a registered professional en,aineer or surveyor that the elevation requirements of the lowest floor, includin,a basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 239 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 2. For V Zones (VE, VI-30 and V). Residential construction, new or substantial improvement, shall. i. Be located landward of the reach of mean high tide, ii. Have the bottom of the lowest structural member of the lowest floor (excludinz pilings and columns), elevated to or above the Base Flood Elevation, iii. Have the pile or column foundation and structure attached thereto be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all buildinz components. Water loadinz values used shall be those associated with the base flood. Wind loadinz values used shall be those required by applicable State or local buildinz standards. Construction of structures with timber piling, posts, or piers as the sole structural support, is prohibited except for docks, wharves, and other enzineered stand-alone structures expressly approved by the buildinz official in accordance with the International Buildinz Code as adopted by the city. iv. Have the space below the lowest floor, usable solely for parkin'a of vehicles, buildinz access, or storaze,either free ofobstruction or constructed with non- supportina breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causinz collapse, displacement, or other structural damaze to the elevated portion of the buildinz or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loadinm resistance of not less than 10 and no more than 20 pounds per square foot, v. Prohibit the use of fill for structural support of buildings; and vi. Prohibit man-made alteration of sand dunes and mangrove stands. A rezistered professional enzineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of Practice for meeting the provisions of this Section. Upon completion of construction, certification by a rezistered professional enzineer or architect that these design standards have been satisried, and certirication by a rezistered professional enzineer or surveyor that the elevation requirements of the bottom of the lowest structural member of the lowest floor, excludinz pilings and columns, of this section have been satisried shall be provided to the Floodplain Administrator for verification. b. Non-residential construction. For A Zones(A,AE,Al-30,AH,AO):Non-residential construction, new or substantial improvement, shall have the lowest floor either elevated to conform with Section 15.25.0500)(3)(a) subsections (i), (ii) or (iii) as appropriate, or, tozether with attendant utility and sanitary facilities, 240 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 i. Be floodproofed below the elevation recommended under Section 15.25.0500)(3)(a) subsections (i), (ii) or(iii) as appropriate so that the structure is watertight with walls substantially impermeable to the passage of water, and ii. Have structural components capable of resistinz hydrostatic and hydrodynamic loads and effects of buoyancy. iii. A registered professional engineer or architect shall develop and/or review structural desien,specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards ofpractice meeting the provisions listed above. Upon completion of the structure, certification by a re'aistered professional engineer or surveyor that the elevation requirements of the lowest floor, includinz basement, of this section have been satisfied shall be provided to the Floodplain Administrator for verification; or certification by a registered professional enzineer or architect that the floodproofina design of this section is satisfied, includin'a the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to the Floodplain Administrator for verification. For V Zones (VE, "-30, V). Floodproorina of non-residential structures is prohibited. All structures must be elevated and constructed accordin'a to the requirements set forth in Section 15.25.0500)(3)(a). c. Appurtenant structures (Detached Garazes & Storaze Structures). 1. For A Zones (A,AE,AI-30,AH,AO). a. Appurtenant structures used solely for parkinz of vehicles or storaze may be constructed such that the floor is below the Base Flood Elevation, provided the structure is designed and constructed in accordance with the followin'a requirements: i. Use of the appurtenant structure must be limited to parkinz of vehicles or stora,ae; ii. The portions of the appurtenant structure located below the Base Flood Elevation must be built usinz flood resistant materials, iii. The appurtenant structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any machinery or equipment servicinz the appurtenant structure must be elevated or floodproofed to or above the Base Flood Elevation, v. The appurtenant structure must comply with floodway encroachment provisions in 15.25.050(F), and vi. The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with Section 15.25.0500)(3)(d). b. Detached zarazes, storaze structures and other appurtenant structures not meetinz the above standards must be constructed in accordance with all applicable standards in Section 15.25.0500)(3)(a)subsections(i), (ii) or(iii) as appropriate. 241 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 c. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 2. For V Zones (VE, "-30 and V): Floodproofina of non-residential structures is prohibited. All structures must be elevated and constructed accordin'a to the requirements set forth in Section 15.25.050(A)(3)(a). d. Flood openings. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excludinz basements) that are usable solely for parkinz of vehicles, buildinz access or storaze, and which are subiect to floodinz, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowinz for the automatic entry and exit of floodwater. Desi'ans for meetin'a this requirement must meet or exceed the followinz criteria: For non-engineered openin,as: i. Have a minimum oftwo openings with a total net area ofnot less than one square inch for every square foot of enclosed area subiect to flooding; ii. The bottom of all openings shall be no hi,-her than one foot above Grade, iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater. Alternatively, a rezistered enzineer or architect may design and certify enzineered openin,as. Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. 4. Sttbdiviiq sion > natff Fal gas, the event of f400d. f400d damage.d.Alke Fe base iqood elevation data has not been pmvided oF is not > atid ifielttded iti, 5. Review of bttildit+4 veFmits. AlkeFe elevation data is not available, applieations > > Failtwe to elevate at least two feet above gFade in these zones May Festtit i1i high-e+ �te B. Standards for storaze of materials and equipment. 1. The storaze or processing ofmaterials that could be iniurious to human, animal or plant life if released due to damaze from floodinz is prohibited in special flood hazard areas. 242 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 2. Storaze ofother material or equipment maybe allowed ifnot subiect to damaze by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning. B. Speeifie standafds. in all t400d hazat:d ar-easwhet:e base iqood elevation data has been Residential eonstpaet4)-n-. the lowest t400t:, ineittding basement, elevated to ot:above the base good eleN,agon. i. A mimmttm of two openings having a total net at:ea of not iess than one sqttat:e ine 4. The bottom of all openings shall be tie higher-than one feet above gt:ad-e-. pt:ovidedthatthey pe t the—atrte tie entt:y andd e�Eit of iqeedatet:s. itielttditig baseffietit, elevated to the level ef the obase f4eed elevattioli; et:, togethet: with a. Be f4ee4t:eefed se that belew the base f4eed level the stizKetttfe is watet:tight with walls sttbstantially 0 passage a off is of btto...,ney,l as t fet4h : seetieti l c 2c 040B n b > > mttst meet the same x 44 be based oti mtes that afe etie feet below the f4eedpt:eefed level (e.g. -a bttilding eonstpaeted to the base t400d level will be mted as one feet below that level), a. All man faetttt:eEl homes to be plaeeEl oF sttbstantially impfevedwithin zones A! 30, A14 atid AR shall be elevated eti a pet:ffiatietit fetttidatieti sttek that the lowest f4eet:4 the manttfaetttt:eEl home is at ot:above the base f400d elevation and be seettt:ely anehot: 243 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 A14, and > > C. Standards for water supply and waste disposal systems. 1. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 2. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. > > and othef D. Development proposals. All new development proposals, including subdivisions and manufactured home parks, shall. 1. Be consistent with the need to minimize flood damage, 2. Have public utilities and facilities such as sewer, 'aas, electrical and water systems located and constructed to minimize flood damaze, and 3. Provide adequate drainaze to reduce exposure to flood hazards. 4. Include Base Flood Elevation data for all proposals Greater than SO lots or S acres, whichever is the lesser. high hfti�ftfd afeas, desigtiated as zelies 3,11 3,130, VR alid"ef 3.1. These afeas have speeial good hazaf:ds asseeiated with high veleGity ;A,atef:s ffefn tidal sttf:ges and, thef:ef6f:e, in addition to 244 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 a. The bottom of the lowest liefizental stf+tetttf:al membef:of the lowest t400f:(e�ielttding the piling-5 t400d eleva+ion data is available) shall be elevated on adeqttately anehof:ed pilings of:eolttmns stteli design, All 4-a-ev., eonstf+tetion and s4stantial impf:ovetnents shall have the spaee below the lowest iqoof not be ttsed f6f: httman habitation. Fof: the pttr-pose of this seetion, a bf:eakaway wall shall have a of bf:eakaway walls whiek e�Eeeed a design safe loading fvsistaliee of 20 pottlids Pef: sqttaf:e fe pf:ofessional engineef:-or A re-hiterat e-ef:4f4es that the designs pf:oposed meet the following eonditions+ a. Bfeakawaywall eeliapse shall festtit f+effi awatef lead less thati that whiek wettid eeettf:dttf:ifl7g the base iqooa. and watef:loading vaittes to be ttsed in thts detefmination shall eaek have a one pefvent ehanee of being is ffehibited-. > and VE, it mttst be on the site less thati 180 eetiseetttive days, ef::be ftilly lieetised atid feady fef: highway ttse, ef ffieet the the site only by qttiek diseenneet type tttilities and has tie pennatiently attaeked additions. E. Standards for recreational vehicles. All recreational vehicles placed on site shall: 1. Be on site for fewer than 180 consecutive days, 2. Be fully licensed and ready for highway use-A recreational vehicle is ready for highway use if it is on its wheels or iackina system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or 3. Meet the permit requirements of Section 15.25.040 of this ordinance and the applicable elevation and anchoring requirements. Methods of anchorin'a may include, but are not to be limited to, use of over-the-top or frame ties to around anchors. The recreational 245 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 vehicle must also be elevated on a permanent foundation such that the lowest floor of the vehicle is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. These requirements are in addition to applicable State and local anchoring requirements for resistinz wind forces. F. Floodways. Located within the special flood hazard areas established in Section 15.25.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential proiectiles and erosion potential, the followinz provisions apply: 1. Prohibit encroachments,includinz fill,new construction,substantial improvements,and other development within the adopted regulatory floodway unless it has been demonstrated through hydrolozic and hydraulic analyses performed in accordance with standard enzineerinz practice that the proposed encroachment would not result in any increase in flood levels within the community durinz the occurrence of the base flood discharze; 2. If Section 15.25.050(F)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 15.25.050. 3. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the applicant first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR), and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with Section 15.25.040(B)(4)(b). Section 6. Seward City Code Title 15.25.060 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 15.25.060 Aid Variance procedure. A. Nature of variances. 1. The variance criteria set forth in this section of the ordinance are based on the zeneral principle ofzonina law that variances pertain to a piece ofproperty and are not personal in nature. A variance may be Granted for a parcel of property with physical characteristics so unusual that complyinz with the requirements ofthis ordinance would create an exceptional hardship to the applicant or the surroundin'a property owners. The characteristics must be unique to the property and not be shared by adiacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners. 2. Variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term zoal of preventinz and reducin'a flood loss and damaze can only be met if variances are strictly limited. Therefore, the variance 'Ouidelines provided in this ordinance are more detailed and contain multiple provisions that must 246 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 be met before a variance can be properly Granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (2) The eommission shall heaf: and deeide appeals when it is alleged there is an eff-I — —1 eision to the City Cowie;! "itting as Beaf:El of Adjttstment, as pf:ovided in AS Appeal beftfd. ; b. The Ela 44"- apA pr-opef:ty Eltteto t4, odi-zl i amage off t of st el damage o the indi idtt l , or; .The neeessityto the faeil;+ty of c`l watef: ontloeation, wa€fe ^cabl to t400di-1 development; management f rtt,.,t 0 0 + . 0.,; ems; > Elttfati6fi, fate of fiSe, , deems 0 0 0 s of this ehaptef:; B. {b}Conditions for variances. 1. Variances shall only be issued. a. On a determination that the zrantinz of a variance will not result in increased flood hei,ahts, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existin'a local laws or ordinances, 247 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 b. For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued desi,-nation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure, c. Upon a determination that the variance is the minimum necessary, considerinz the flood hazard, to afford relief,' d. Upon a showing ofaood and sufficient cause, e. Upon a determination that failure to Grant the variance would result in exceptional hardship to the applicant, L Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 15.25.020 ofthis Chapter in the definition of"Functionally Dependent Use." 2. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result. 3. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size conti'auous to and surrounded by lots with existing structures constructed below the Base Flood Elevation, provided the Procedures of Sections 15.25.040 and 15.25.050 of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical iustification required for issuing the variance increases. teehnieal ; ,st;f;,,atio,, r t:e f r; g the safety,(5) VaFia-aees shall only be isstted"on: > .a: 248 CITY OF SEWARD, ALASKA ORDINANCE 2023-009 e4ettmstanees. They pfifnafily addf:ess small lots in densely popttlated f:esidep getieful zoning law pfineiple that they pet4atfi to a physieal pieee of pf:opef:ty; they af:e fiet be deter-mined that stteli aetion will have low da...-,,- -t—tial, eomplies with all ot stf+tetttf:e will be pennitted to be bttilt with a lowest t400r- eleN,atioli belo;A, the base iqo C. Variance criteria. 1. In considerinz variance applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and. a. The danzer that materials may be swept onto other lands to the iniury of others, b. The danzer of life and property due to floodinz or erosion damaze, c. The susceptibility of the proposed facility and its contents to flood damaze and the effect of such damaze on the individual owner, d. The importance of the services provided by the proposed facility to the community, e. The necessity to the facility of a waterfront location, where applicable, L The availability of alternative locations for the proposed use, which are not subject to floodinz or erosion damaze, g The compatibility of the proposed use with existing and anticipated development, h. The relationship of the proposed use to the comprehensive plan and floodplain manazement program for that area, i. The safety of access to the property in time of flood for ordinary and emergency vehicles, L The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and, k. The costs of providinz zovernmental services durin'a and after flood conditions, includinz maintenance and repair ofpublic utilities and facilities such as sewer,gas, electrical, water system and streets and bridges. 2. Any applicant to whom a variance is Granted shall be Given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coveraze, and b. Such construction below the base flood elevation increases risks to life and property. 249 CITY OF SEWARD,ALASKA ORDINANCE 2023-009 3. The Floodplain Administrator shall maintain a record of all variance actions, including iustification for their issuance. D. Appeal procedure. 1. Appeal board. a. The Seward Planninz and Zoninz Commission (commission) shall hear and decide appeals and requests for variances from the requirements of this chapter. b. The commission shall hear and decide appeals when it is allezed there is an error in any requirement, decision, or determination made by the administrative official in the enforcement or administration of this chapter. c. Those azzrieved by the decision ofthe commission,or any taxpayer,may appeal such decision to the City Council sittinz as Board of Adiustment, as provided in AS 29.40.050. Section 7. This ordinance shall take effect ten(10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 1 Oh day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 250 • swir- Resolution 2023-040 : A Resolution of the City Council of the City of Seward, Alaska, Approving A Conditional Consent To Terminate Lease Between The City Of Seward And Juris Mindenbergs For Lease Of Lot 313, Block 1, Marina Subdivision And Approving A Lease Between The City Of Seward And ZPA, LLC Of Lot 313, Block 1, Marina Subdivision [Breeze Inn] Documents: • Agenda Statement • Resolution 2023-040 • Memo from City Attorney Brooks Chandler • Conditional Consent to Terminate Lease • Lease Agreement 251 City Council Agenda Statement Meeting Date: April 10, 2023 To: City Council Through: Janette Bower, City Manager From: Brooks Chandler, City Attorney Agenda Item: Resolution 2023-040: Authorizing the City Manager to Enter into a Conditional Termination of Lease Agreement with Juris Mindenbergs and a New Lease Agreement with ZPA, LLC, for Lot 3B, Block 1, Marina Subdivision, City of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska Background and justification: Juris Mindenbergs currently has Lease L04-96 containing 74,180 square feet more or less of Lot 3B Block 1 Marina Subdivision, City of Seward, Alaska and recorded as Plat No.2005-8 in Seward Recording District, Third Judicial District, State of Alaska. Juris Mindenbergs has requested approval of a Conditional Consent to Terminate Lease Agreement with termination conditioned on approval of a new lease to ZPA, LLC. ZPA, LLL will continue to use the leased land for a Hotel, Restaurant and Retail shop. The Council has the authority to approve a lease agreement of city property upon findings by Council that use by the proposed tenant is found to be in the public interest. The two agreements are interconnected with the proposed lease termination to become effective on the day of Closing of the sale of existing improvements on the property to ZPA, LLC. ZPA, LLC. is also proposing terms in a new lease that are not in the existing lease with Mr. Mindenbergs as follows: Article 21 Notwithstanding any other provisions of this Lease to the contrary, the following covenants shall apply during the Lease Term and any extensions thereof: A. Lessee shall operate the hotel located on the Leased Land, the Breeze Inn,on a year- round basis for at least three (3) years following the Effective Date. Following that three (3)-year period, Lessee shall operate the Breeze Inn on a year-round basis unless it becomes commercially unreasonable, which ZPA may determine in its sole discretion in coordination with its lender, Global Credit Union (f/k/a Alaska USA Federal Credit Union) and the SBA, and their assigns. B. Without limiting any CITY consent rights in Article 12, Lessee may not assign, transfer, or sell any interest in ZPA or the Lease to a company primarily engaged in passenger cruise and vacation travel. 252 C. Lessee may not assign, transfer, or sell any interest in ZPA or the Lease to a national or multi-national hotel chain or franchise. Lessee may not at any time during the Lease Term cause the Breeze Inn to become a franchised hotel. D. Although Lessee must comply with all applicable laws at all times during the Lease Term, Lessee affirms and ratifies its obligation to comply with all municipal, state, and federal health and safety regulations. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Attract new business and industry to the greater Seward area. Strategic Plan: Attract New Industry: Develop an aggressive marketing campaign which highlights the diverse resources, and quality of life that make Seward a great place to live and establish a business or industry. Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): X Creates revenue in the amount of: $ 62,000.00 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Director Signature: Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Resolution Other: 253 Sponsored by: Bower Public Hearing: April 10, 2023 CITY OF SEWARD, ALASKA RESOLUTION 2022-040 A Resolution of the City Council of the City of Seward, Alaska, Approving A Conditional Consent To Terminate Lease Between The City Of Seward And Juris Mindenbergs For Lease Of Lot 3B, Block 1, Marina Subdivision And Approving A Lease Between The City Of Seward And ZPA, LLC Of Lot 3B, Block 1, Marina Subdivision [Breeze Inn] WHEREAS,Juris Mindenbergs ("Lessee")has requested that an existing lease agreement with the City of Seward for 74,180 square feet,more or less of Lot 3B,Block 1,Marina Subdivision, City of Seward, Kenai Peninsula Borough, Plat No. 2005-8 recorded in the Seward Recording District,Third Judicial District, State of Alaska("the Property")be terminated through a Conditional Termination of Lease Agreement ("Conditional Termination"); and WHEREAS, the Conditional Termination is conditioned on City Council approval of a new Lease Agreement for the Property with ZPA, LLC ("New Lease"); and WHEREAS, Article 14 of the Lease provides that City has determined lease of the Property to ZPA, LLC is found to be in the public interest; and that the proposed tenant is acceptable to the City and suitable to manage any facilities on the lease site; and WHEREAS,the lease site will continue to be utilized as a hotel, restaurant and retail shop and is consistent with current zoning and land use regulations; and WHEREAS,ZPA,LLC has credit-worthiness and operating experience suitable to manage any facilities on the lease site; and WHEREAS,the New Lease contains covenants requiring ZPA,LLC to operate the existing hotel year round for at least 3 years and limits the authority of ZPA, LLC to assign the lease to companies in the cruise ship passenger business or to national hotel chains. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into the Conditional Termination of Lease Agreement with Juris Mindenbergs in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to enter into the Conditional Termination of Lease Agreement with ZPA, LLC in substantially the form as attached hereto. Section 3. The recitals set forth above are incorporated herein by reference and adopted as findings of the City Council. For the reasons stated, the Lease Agreement with ZPA LLC, in the 254 CITY OF SEWARD,ALASKA RESOLUTION 2023-040 form presented at this meeting is found to be in the public interest. Section 4. This resolution shall take effect thirty (30) days from the date and posting of adoption or on the date of closing of the sale of the improvements on the Property to ZPA, LLC whichever is later. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 101h day of April, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 255 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP ATTORNEYS AT LAW SUITE 302 911 WEST EIGHTH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE:(907)272-8401 FACSIMILE:(907)274-3698 bcf@bcfaklaw.com MEMORANDUM TO: Janette Bower City Manager FROM: Brooks W. Chandler, City Attorney RE: Breeze Inn Lease Terms Comparison DATE: March 28, 2023 You asked how the proposed new lease to ZPA compares to the existing lease terms with Mr. Mindenberg. The most significant substantive differences are set out below. Term- current lease runs through 2052. Proposed new lease would run through 2053. Rent- Proposed new lease $62,000 per year. Adjusted every 5 years for changes in FMV. Adjusted annually for CPI. The current lease was updated to add the CPI adjustment in 2022. I am not sure what the current lease rate is. Conditions and Covenants- Article 21. New covenants included with the proposed lease: 1. Promise to operate hotel year round"for at least 3 years and thereafter"until it becomes commercial unreasonable which ZPA may determine in its sole discretion". 2. No assignment to"company primarily engaged in passenger cruise and vacation travel". 3. No sale or assignment of an interest in ZPA to "a national or multi-national hotel chain" or allow the Breeze Inn"to become a franchised hotel". 4. Affirms obligation to comply with health and safety regulations (state, city, federal). 256 CONDITIONAL CONSENT TO TERMINATE LEASE This Conditional Consent to Terminate Lease ("Agreement"), effective upon mutual execution, is entered into by and between Juris Mindenbergs, Lessee, 4128 148th Avenue NE, Redmond, Washington 99052 ("LESSEEE") and the City of Seward, a home rule municipal corporation, organized and existing under the laws of the State of Alaska("CITY"). WHEREAS, the CITY and LESSEE are parties to a Lease dated October 1st, 2005, as amended by the First Amendment to Lease Agreement dated September 7, 2006 (collectively as amended,the"Lease"),pursuant to which, the CITY leases to LESSEE certain property known as Lot 3B, Block 1, Marina Subdivision, as shown on Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 72,125 square feet, more or less ("Leased Land"). WHEREAS, LESSEE has constructed and owns certain improvements on the Leased Land, which LESSEE operates as the Breeze Inn ("Hotel") and wishes to sell the Hotel to ZPA LLC, an Alaska limited liability company ("ZPA"). WHEREAS,ZPA is negotiating a new lease for the Leased Land ("New Lease"). WHEREAS,LESSEE and the CITY agree to terminate the Lease, upon the occurrence of the following contingencies: (1) approval of the New Lease by the CITY on April 10, 2023, and (2) closing on the purchase of the Hotel by 2023("New Lease Contingencies") . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the CITY and LESSEE agree as follows: 1. Recitals. The recitals set forth above are incorporated by reference. 2. Conditional Termination. Subject to satisfaction of the New Lease Contingencies, the City and the LESSEE agree to terminate the Lease using the form of termination attached as Exhibit A,which shall be recorded and effective upon closing of the Hotel sale to ZPA. If the New Lease Contingencies do not occur for any reason, this Agreement shall be void ab initio, and the Lease will continue in full force and effect according to its terms. 3. Miscellaneous. 3.1 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered by this Agreement, and there are no other agreements, statements, or promises made by any party not contained in this Agreement. 3.2 Governing Law. This Agreement shall be governed by, and construLaw. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Alaska, excluding its conflict of laws rules. Termination of Lease Agreement Page 1 4875-0235-2727,v. 1 257 The terms of this Agreement are subject in all respects to The Code of the City of Seward, Alaska in effect on the Effective Date, including, without limitation, Chapter 7.05 thereof. 3.3 Counterparts. This Agreement may be executed in one or more counterparts and delivered by facsimile or other electronic transmission, each of which will be deemed to be an original and all of which will be deemed to be one and the same instrument. 3.4 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. IN WITNESS WHEREOF, CITY and LESSEE have executed this Agreement as of the Effective Date. CITY: LESSEE: CITY OF SEWARD JURIS MINDENBERGS City Manager Juris Mindenbergs Date: Date: Exhibit A—Form of Termination Termination of Lease Agreement Page 2 4875-0235-2727,v. 1 258 EXHIBIT A—FORM OF TERMINATION SEWARD RECORDING DISTRICT After Recording, Return To: City of Seward P.O. Box 167 Seward, Alaska 99664 TERMINATION OF LEASE AGREEMENT This TERMINATION OF LEASE AGREEMENT(this"Agreement")is made and entered into as of , 2023 (the "Effective Date"), by and between the CITY OF SEWARD, a municipal corporation located in the Kenai Peninsula Borough, State of Alaska ("CITY"), whose address is P.O. Box 167, Seward, Alaska 99664, and JURIS MINDENBERGS, d/b/a The Breeze Inn ("LESSEE"), whose address is 4128 148th Ave. NE, Redmond, Washington 98052. RECITALS A. CITY and LESSEE entered into that certain Lease Agreement, dated October 1, 2005, as amended by that certain First Amendment to Lease Agreement dated September 7, 2006 (collectively, the "Lease"), in which the CITY leases to LESSEE certain property known as Lot 3B, Block 1, Marina Subdivision, as shown on Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 72,125 square feet,more or less(the "Leased Land"). B. LESSEE has constructed and owns certain improvements on the Leased Land, which LESSEE operates as the Breeze Inn (the "Hotel"). C. ZPA LLC, an Alaska limited liability company ("ZPA"),purchased the Hotel from LESSEE, and entered into a new lease with the CITY for the Leased Land (the "New Lease") as approved by the CITY per resolution D. Commencement of the New Lease is contingent upon termination of the Lease pursuant to this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and LESSEE agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. Termination of Lease Agreement Page 3 4875-0235-2727,v. 1 259 4. Conditional Termination. Effective as of 12:00 a.m. on the date that the sale of the Hotel to ZPA is closed and consummated and the New Lease is effective (such date, the "Termination Date"),the Lease shall terminate in its entirety. The Lease shall continue in full force and effect through 11:59 p.m. on the day before the Termination Date. On and after the Termination Date,the Lease is and shall be of no further force or effect except for those provisions which expressly survive the expiration or termination of the Lease. If the Termination Date does not occur for any reason,this Agreement shall be void ab initio, and the Lease will continue in full force and effect according to its terms. 5. Miscellaneous. 5.1 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered by this Agreement, and there are no other agreements, statements, or promises made by any party not contained in this Agreement. 5.2 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Alaska, excluding its conflict of laws rules. The terms of this Agreement are subject in all respects to The Code of the City of Seward, Alaska in effect on the Effective Date, including, without limitation, Chapter 7.05 thereof. 5.3 Counterparts. This Agreement may be executed in one or more counterparts and delivered by facsimile or other electronic transmission, each of which will be deemed to be an original and all of which will be deemed to be one and the same instrument. 5.4 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and assigns. IN WITNESS WHEREOF, CITY and LESSEE have executed this Agreement as of the Effective Date. [SIGNATURE AND ACKNOWLEDGMENT PAGE FOLLOWS] Termination of Lease Agreement Page 4 4875-0235-2727,v. 1 260 CITY: LESSEE: CITY OF SEWARD JURIS MINDENBERGS City Manager Juris Mindenbergs Date: Date: ATTEST: City Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2023, by , City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF WASHINGTON ) ss. The foregoing instrument was acknowledged before me this day of , 2023, by Juris Mindenbergs, to me known to be the individual named in and who executed the foregoing instrument. Notary Public in and for Washington My Commission Expires: Signature and Acknowledgment Page to Termination of Lease Agreement 4875-0235-2727,v. 1 261 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and ZPA, LLC Effective Date: 12023 262 TABLE OF CONTENTS ARTICLE 1 -LEASED LAND.................................................................................................... 1 1.1 Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title................................................... 1 1.3 Property Accepted................................................................................................... 1 1.4 Permits.................................................................................................................... 2 1.5 Platting.................................................................................................................... 2 ARTICLE 2 -LEASE TERM...................................................................................................... 2 2.1 Lease Term.............................................................................................................. 2 ARTICLE 3 -RENTAL RATE................................................................................................... 3 3.1 Initial Rental Rate................................................................................................... 3 3.2 Rental Adjustments.................................................................................................. 3 3.3 Procedure for Rental Adjustment............................................................................ 3 3.4 Effect of Late Appraisal by CITY............................................................................ 4 3.5 Appraisal by LESSEE............................................................................................. 4 3.6 Effective Date of Adjusted Rental Rate...................................................................4 3.7 Interim Rental Adjustments..................................................................................... 5 3.8 Late Payment Charge ............................................................................................. 5 ARTICLE 4 -USE OF LEASED LAND .................................................................................... 5 4.1 Use of Leased Land................................................................................................. 5 4.2 Obligations of LESSEE........................................................................................... 5 4.3 No Preferential Rights to Use Public Facilities ..................................................... 6 4.4 Adequacy of Public Facilities................................................................................. 6 4.5 Tariffs and Other Service Fees ............................................................................... 6 4.6 Time for Payment of Utilities and Taxes................................................................. 6 4.7 Other Uses .............................................................................................................. 6 ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS.......................................................... 6 5.1 Utilities.................................................................................................................... 6 5.2 Third-Party Improvements...................................................................................... 7 5.3 Easements ............................................................................................................... 7 ARTICLE 6- CONSTRUCTION BY LESSEE......................................................................... 8 6.1 Improvements on Leased Land............................................................................... 8 6.2 City Review of Construction ................................................................................... 9 ARTICLE 7-RETURN OF LEASED LAND/SITE CONDITIONS...................................... 9 7.1 Return of Leased Land in Original Condition........................................................ 9 ARTICLE 8 -FORCE MAJEURE ............................................................................................. 9 ARTICLE 9 -LESSEE'S ACTS OF DEFAULT..................................................................... 10 ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE .................................................. 11 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE........................ 12 11.1 Real Property Improvements ................................................................................ 12 11.2 Personal Property................................................................................................. 12 ARTICLE 12 -ASSIGNMENT OR SUBLEASE .................................................................... 13 12.1 Assignment of Lease or Subleasing....................................................................... 13 12.2 Assignment of Lease for Security.......................................................................... 13 i 263 12.3 Assignment to Affiliate.......................................................................................... 13 ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 13 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 14 ARTICLE 15 -INSURANCE.................................................................................................... 14 15.1 Minimum Insurance Requirements....................................................................... 14 15.2 Subrogation Rights Waived................................................................................... 15 ARTICLE 16- CONDEMNATION.......................................................................................... 15 ARTICLE 17-ARBITRATION............................................................................................... 16 17.1 Arbitration............................................................................................................. 16 ARTICLE 18 -MAINTENANCE AND REPAIRS................................................................. 17 18.1 Normal Maintenance ............................................................................................ 17 18.2 Safety Issues.......................................................................................................... 17 18.3 Cost of Repairs...................................................................................................... 18 ARTICLE 19 -ENVIRONMENTAL CONCERNS................................................................ 18 19.1 Hazardous Materials ............................................................................................ 18 19.2 Permits and Reporting..........................................................................................20 ARTICLE 20 -ESTOPPEL CERTIFICATES........................................................................ 21 ARTICLE 21 - CONDITIONS AND COVENANTS ..............................................................21 ARTICLE 22 -NO WAIVER OF BREACH ........................................................................... 22 ARTICLE 23 - TIME OF THE ESSENCE.............................................................................. 22 ARTICLE 24 - COMPUTATION OF TIME........................................................................... 22 ARTICLE 25 - SUCCESSORS IN INTEREST.......................................................................22 ARTICLE 26-ENTIRE AGREEMENT ................................................................................. 22 ARTICLE 27- GOVERNING LAW........................................................................................ 22 ARTICLE 28 -PARTIAL INVALIDITY................................................................................. 23 ARTICLE 29 -RELATIONSHIP OF PARTIES .................................................................... 23 ARTICLE 30 -INTERPRETATION ....................................................................................... 23 ARTICLE 31 - CAPTIONS ....................................................................................................... 23 ARTICLE 32 -AMENDMENT................................................................................................. 23 ARTICLE 33 -NOTICES.......................................................................................................... 23 ARTICLE 34 -FIRE PROTECTION....................................................................................... 24 ii 264 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and ZPA, LLC (the "LESSEE"), an Alaskan limited liability company whose mailing address is 1120 E Huffman#24 PMB416 Anchorage, Alaska 99515. WHEREAS, LESSEE has indicated its desire to lease the property known as Lot 3B, Block 1, Marina Subdivision, as shown on Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 74,180 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below)to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 -LEASED LAND 1.1 Description ofLeased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lot 3B,Block 1,Marina Subdivision, as shown on Plat 2005-8, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 74,180 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 1 265 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents,petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures,the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits),the Alaska Department of Public Facilities and Transportation(e.g.,right-of-way permits),the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.5 Platting. hi the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with the description in Section 1.3. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. ARTICLE 2 -LEASE TERM Lease Term. The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2023- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for approximately 30 years from the Effective Date, ending at midnight on , 2053. LESSEE shall have the right to extend the term of this LEASE for two additional five (5) year period,provided that: 2 266 a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. d) The City Council of City, at the time each option to extend is exercised, approves the extension by resolution or ordinance. ARTICLE 3 -RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2025, the annual rental rate for the Leased Land shall be set at sixty-five thousand dollars($62,000). Rent shall be payable quarterly in advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2025, and on the same date every five years thereafter(each a"Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value(the "Fair Market Rental Value")of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY (including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date,unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case,LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. 3 267 If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent(20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect ofLate Appraisal by CITY. If,for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date ofAdjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. 4 268 LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates,the annual rental payment shall be increased beginning July 1, 2023 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index,All Urban Consumers,Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor,Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. hi no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published,the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5%per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 -USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for a hotel, restaurant, bar and retail shops. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a hotel,restaurant,bar and retail shop business on the Leased Land. 5 269 e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tams and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use ofPublic Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed 6 270 by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate,necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands,it may be necessary, desirable, or required that street,railroad,water,sewer, drainage, gas, power line, and other easements and dedications and similar rights be 7 271 granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications;provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road,railroad,utility, or other easements shall be at the sole cost and expense of the parry requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6- CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans(based on a recent survey)for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In 8 272 the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2)or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk,responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7-RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 -FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, 9 273 sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 -LESSEE'S ACTS OF DEFAULT Each of the following shall be a"LESSEE Act of Default"under this LEASE and the terms "acts of default" and"default" shall mean,whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors,the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE;provided,however,if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore,if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are 10 274 diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above,remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including,but not limited to,the cost of recovering possession of the Leased Land, 11 275 expenses of reletting, including costs of necessary renovation and alteration of the premises,reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE II - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems,ditches,sewer lines,water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. 12 276 ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land,by deed of trust or other security instrument,to an institutional lender("Lender")for development of or operations on the Leased Land,provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right(without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE) to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee, purchaser, or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY 13 277 LESSEE shall defend,indemnify,and hold harmless CITY,its officials,employees,agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 -INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS ($2,000,000) for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury, bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. 14 278 All insurance policies shall provide for thirty (30) days' notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense, additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind(including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials,employees or volunteers,or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. LESSEE agrees that its policies of insurance will include such a clause or endorsement. ARTICLE 16- CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority;provided,that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and 15 279 this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 -ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties, shall be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. sec.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Notwithstanding the foregoing, arbitration shall not be applicable to claims or disputes involving a requested remedy having a value of more than FIFTY THOUSAND DOLLARS ($50,000)(exclusive of interest and costs). All demands for arbitration and all answering statements thereto that include any claim must contain a statement that the total sum or value in controversy, as alleged by the party making such demand or answering statement, is not more than FIFTY THOUSAND DOLLARS ($50,000.) The arbitrator will not have jurisdiction, power, or authority to consider or make findings (except to deny jurisdiction) concerning any claim, counterclaim, dispute, or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or matter is more than FIFTY THOUSAND DOLLARS ($50,000). The costs and expenses of arbitration shall be shared equally by the parties, and each parry shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud,intentional misrepresentation,nor any claim based on conduct that is a felony crime in the State of Alaska. c) Written notice of requests for arbitration of disputes may be served by either party to this LEASE upon the other party. Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with 16 280 long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage,Alaska or such other location as the parties may agree. Each parry shall produce at the request of the other party, at least thirty (30) days in advance of such hearing, all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost,risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non-abusive use. CITY, at CITY's sole option and expense,may,prior to the commencement of construction by LESSEE,perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE,in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose 17 281 of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost ofRepairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary,the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 -ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes,without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup,removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. 18 282 i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority)does or may,pollute or contaminate the same, or may adversely affect the (a) health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses)of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence,disposal,release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings,personal property,persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage(real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or 19 283 iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE,Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the 20 284 City Manager,may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 -ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days'prior written request by the other party, execute, acknowledge, and deliver to such parry, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. Notwithstanding any other provisions of this Lease to the contrary, the following covenants shall apply during the Lease Term and !3,ny extensions thereof: A. Lessee shall operate the hotel located on the Leased Land, the Breeze Inn, on a year- round basis for at least three (3) years following the Effective Date. Following that three (3)-year period, Lessee shall operate the Breeze Inn on a year-round basis unless it becomes commercially unreasonable,which ZPA may determine in its sole discretion in coordination with its lender, Global Credit Union(f/k/a Alaska USA Federal Credit Union) and the SBA, and their assigns. B. Without limiting any CITY consent rights in Article 12, Lessee may not assign, transfer,or sell any interest in ZPA or the Lease to a company primarily engaged in passenger cruise and vacation travel. C. Lessee may not assign, transfer, or sell any interest in ZPA or the Lease to a national or multi-national hotel chain or franchise. Lessee may not at any time 21 285 during the Lease Term cause the Breeze Inn to become a franchised hotel. D. Although Lessee must comply with all applicable laws at all times during the Lease Term, Lessee affirms and ratifies its obligation to comply with all municipal, state, and federal health and safety regulations. ARTICLE 22 -NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last,unless the last day is a Saturday, Sunday,or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms,covenants,and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26-ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 -GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. 22 286 ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 -RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 -INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles,paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 -AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 -NOTICES All notices, demands, or requests from one parry to another shall be delivered in person or be sent by mail, certified or registered,postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either parry may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 23 287 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: ZPA LLC 1120 E Huffman 924 PMB 416 Anchorage, AK 99515 Each party shall have the right,from time to time,to designate a different address by notice given in conformity with this Article. ARTICLE 34 -FIRE PROTECTION LESSEE shall, at its sole cost, risk, and expense, provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S operation. The parties agree that with the rapid expansion of technology in the field of fire prevention and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five (5)years. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD ZPA,LLC Janette Bower, City Manager Charles E. Jackson, Member Date: Date: ATTEST: Brenda Ballou, City Clerk STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2023, by Janette Bower, City Manager of the City of Seward, Alaska, on behalf of the City. 24 288 Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2023, by Charles E Jacksoon who executed the foregoing document on behalf of ZPA, LLC as a member of the [limited liability company/corporation]. Notary Public in and for Alaska My Commission Expires: 25 289 YGeographic Information Systems Breeze Inn Lot3B Block 1 y'k", •1"144 North Binkley Street,Soldotna,Alaska 99669 M or fib R T Legend F F' .A 5M LL O RR • Mileposts City Limits t — Highways — Major Roads Roads — Town Medium Volume — Town Low/Seasonal,Other a Proposed Parcels _ 0 ' E XA " I Image a - � Red: Band-1 'i y ■ Green:Band_2 Blue: Band_3 "ttl I FLt7A+T MALL 13 �k ti( 4:TI1 IiARE}CJ ',T W E FL0&AIT SMALL 0 +T This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. It is not to be used for navigation. Notes Type any notes here. DATE PRINTED: 1/14/2022 290 February 10, 2023 Dear Janette, I have enclosed a draft (new) lease agreement between the City and ZPA LLC for the Breeze Inn site utilizing what we understand is the City's current lease form. Consistent with current practice and ZPA's lending requirements, the lease term is set for 40 years. The development provisions were removed because development has long been completed at the site. I note that Articles 9 and 10 of the existing tenant's lease for this property (with respect to the City's default and the tenant's remedies) are not present in the enclosed draft lease, as the City's current lease form clearly does not invite these provisions any longer. In addition to using the City's most current lease form and terms, ZPA is proposing the enclosed operating covenants for incorporation into the lease. ZPA is committed to operating the Breeze Inn in the best interest of the community, and in a commercially reasonable, fiscally responsible manner. We believe the attached proposed covenants address many of the concerns voiced at the January 9 City Council meeting, in addition to a range of other topics ZPA is open to discussing with the City. We are not aware of any other lessee making similar commitments; however, we feel it is important to correct some of the misconceptions and incorrect assumptions some members of the public raised, and do our best to address those regardless of merit. The enclosed list is not intended to serve as a comprehensive or exhaustive list, and we welcome discussion on these and any other matters with respect to the lease that the City believes is important to the success of this tenant and owner of the Breeze Inn. Thank you in advance for your prompt attention to this matter. The current tenant, Juris Mindenbergs, has a strong desire to close on the sale of the Breeze Inn prior to the 2023 summer operating season, so time is of the essence in order to ensure that ZPA can arrange for successful 2023 operations. Please do not hesitate to contact us if you have any concerns about the proposal or ZPA's plans for the Breeze Inn. Sincerel Ristine Casagranda Enclosure: Proposed Lease Operating Covenants Draft New Lease between City of Seward and ZPA LLC 291 DocuSign Envelope ID:OC4CDO45-66FC-4BBF-ADC9-DCD5OB5B3AO2 Friday, February 24, 2023 To the City Manager: Juris Mindenbergs and the City of Seward ("City") are parties to a Lease dated October lst, 2005, as amended by the First Amendment to Lease Agreement dated September 7, 2006 (collectively as amended, the "Mindenbergs Lease"), relating to the improved real property located at Lot 3, Block 1, Seward Small Boat Harbor Subdivision ("Premises"). As part of his ongoing effort to transfer his business to new ownership, Juris Mindenbergs supports the efforts by ZPA, LLC ("ZPA") to reach agreement with the City on terms and conditions for a new lease for the Premises ("ZPA Lease"). Mindenbergs' support of the ZPA Lease is contingent upon: (1) Council approving the ZPA Lease by April 1, 2023; (2) Council agreeing to terminate the Mindenbergs Lease using a commercially reasonable form of lease termination approved by City counsel and Mindenbergs' counsel releasing Mindenbergs from all Lease obligations except those expressly surviving termination under the Lease; and (3) make the ZPA Lease commencement and Mindenberg Lease termination effective as of the date of recording on the Premise transfer. Sincerely, DocuSigned by: 2/24/2023 �W7YS A4.V hAA,�V�S 68ED639F57364A8... Juris Mindenbergs 292 AGENDA STATEMENT Meeting Date: April 10, 2023 From: Brenda Ballou, City Clerk Agenda Item: Guidelines for Reconsideration BACKGROUND & JUSTIFICATION On March 28, 2023, council enacted Ordinance 2023006,Amending Seward City Code Title 2, Article 2 — Seward Planning And Zoning Commission. On March 29, 2023, the city clerk received a written request from Council Member Calhoon to reconsider the ordinance. Council Member Calhoon voted on the prevailing side,and submitted the request prior to 5:00 p.m. on March 29,2023,and so the request is considered timely and acceptable. PROCEDURE FOR RECONSIDERATION Seward City Code 2.10.065 (e) Reconsideration. A motion to reconsider may be applied to any ordinance,resolution or action of the council and has precedence over all motions except the motion to adjourn. (1)A councilmember may make a motion to reconsider only if: a. The councilmember voted on the prevailing side on the question to be reconsidered; b. The councilmember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or c. The councilmember files with the clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. The councilmember may file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. (2)A motion for reconsideration requires a two-thirds vote to carry. (3) For the purposes of this section, a council meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular council meeting as that term is used in this section. (4)Only one motion to reconsider shall be entertained on any ordinance,resolution or other action even if the council overturns the original action. If a motion to reconsider a particular ordinance, resolution or other action fails,a second motion to reconsider the same action shall not be in order. (5)Actions which may not be reconsidered. The following motions may not be reconsidered: 293 a. A motion which can be renewed within a reasonable time; b. An affirmative vote whose provisions have been partly carried out; c. An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; d. Any vote which has caused something to be done which it is impossible to undo; e. A vote on a motion to reconsider; or f. When practically the same result can be obtained by some other parliamentary motion. GUIDELINES FOR THE MOTION TO RECONSIDER 1. Motion to Reconsider 2. Second 3. Discussion is allowed on the motion to reconsider (not on the merits of the resolution) 4. Vote must pass by 2/3 to carry REFERENCE 2/3 Vote Chart 7 council = 5 votes 6 council =4 votes 5 council =4 votes 4 council = 3 votes If the motion to reconsider is approved,the resolution will go back on the floor in its last state prior to the final vote on the main motion. It can then be amended. If the motion to reconsider fails, the resolution stands. 294 Brenda Ballou From: Mike Calhoon Sent: Wednesday, March 29, 2023 4:01 PM MAR 2 8 2023 To: Brenda Ballou Subject: 2023- 006 OFFICE OF THE CITY CLERK Brenda, I would like to have ordinance 2023-006 brought back for reconsideration at the next meeting. Thanks, Mike Calhoon 295 City Council Agenda Statement Meeting Date: March 13, 2023 MAP To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Director Subject: Ordinance 2023-006: Amending Seward City Code Title 2 Article 2 Seward Planning and Zoning Commission Background and justification: At the January 23rd Special City Council Meeting with Boards and Commissions, the Council voiced their concern with commissioner attendance. Attendance issues have caused a significant disruption to Commission business with several meetings having to be cancelled for no quorum. Historically, there have been issues with attendance with Commissioners having seasonal residency or travelling for a decent portion of the year. These proposed changes would require that Commissioners would reside physically in Seward on a year-round basis. We have modified the current council code and created section 2.30.216 Absences. Much of this was taken from current City Council requirements. We have defined what excused and unexcused absences are as well as some limits around those. The proposed changes would put the onus on administration, and not the commission, to report attendance quarterly and to note attendance concerns where Council would possibly need to act. Commissioners need to be familiar with Seward and its inner workings as they have influence on our guiding documents (The Comprehensive Plan, the Municipal Land Inventory and Use Plan, etc.) The proposed changes would make it so that at the time of application they need to be a resident within city limits (as it is now) but they have needed to have resided in the Seward, Bear Creek, or Lowell Point areas for at least one year at the time of application. We offer two trainings per year, one on content and one on procedure. Unfortunately, these are not always well attended. This would require new commissioners to take that training in their first year as it is important to establish them in their position. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8, 3.2.2 Strategic Plan: Other: 296 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 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note.,amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Finance Director Signature: �, .{.,:.:• > Attorney Review XeYes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt ordinance Other: 297 Sponsored by: Bower Introduction: March 13, 2023 Public Hearing: March 28, 2023 Enactment: March 28, 2023 Request for Reconsideration: March 29, 2023 Motion to Reconsider [Approved/Failed]: April 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 2, ARTICLE 2 — SEWARD PLANNING AND ZONING COMMISSION WHEREAS,the Planning and Zoning Commission is both an advisory and a quasi-judicial commission that does vital work for City Council; and WHEREAS, at the January 23, Special Meeting between the City Council and Commission, the City Council voiced concerns regarding lack of commissioner attendance impeding the work of the commission; and WHEREAS, commissioners should have regular attendance, be well trained, and knowledgeable of the city of Seward in order to do the important work of the commission; and WHEREAS, Planning and Zoning meeting dates are known up to a year in advance and it is not unreasonable to expect Commissioners to plan for and maintain a higher standard of attendance; and WHEREAS, failure to provide advance notice of an absence can result in the cancelation of a meeting or lack of quorum, causing inconvenience to staff, other commission members, and the public; and WHEREAS, commercial development, private development, and City development can all be impeded when Planning and Zoning meetings are canceled due to lack of a quorum; and WHEREAS, these proposed code amendments will help raise and ensure the vital work of the Commission is done in a quality and timely manner. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 2 Article 2—Seward Planning and Zoning Commission is hereby amended as follows: (Deletions = Bold Stirikethirau Additions = Bold Underlined Italics.) Article 2. - Seward Planning and Zoning Commission 298 CITY OF SEWARD, ALASKA ORDINANCE 2023-006 2.30.210 Established. A. Composition. There is created the Seward Planning and Zoning Commission, consisting of seven citizens, all of whom shall reside physically in the city year-round, having physically resided in the Seward, Bear Creek, or Lowell Point area for a minimum of one (1) year at the time of application, and who shall be appointed by the council. 1. If there is more than one applicant for the position, the council shall appoint by ballot voting. 2. Applicants must receive at least four votes in order to be appointed. 3. No officer or employee of the city may be an appointed member of the commission. B. Chair and vice chair. 1. The commission shall select a chair and vice chair annually. 2. The chair shall preside at all commission meetings, may participate in the debate, and vote on any matter of the commission. 3. In the absence of the chair, the vice chair shall exercise all the powers of the chair. 2.30.215 Terms of office; filling vacancies. A. Members of the Seward Planning and Zoning Commission shall be appointed for three years; provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed each year. B. The council may appoint any qualified person to fill a vacancy of any member of the commission; provided, that the appointment shall be for the unexpired term of the vacancy. C. ' In the first year of their appointment, commission members will attend all offered traininas. 2.30.216 Absences. A. In order for an absence to be excused, a commission member shall notify the city clerk and administration. Except in emergency situations, notice will be ziven at least 48 hours prior to a commission meetinz statinz the reason for the member's inability to attend the meetinz B. The city clerk will inform the presidinz officer of the request for an excused absence prior to the meetinz and the presidinz officer will rule whether the absence is excused or unexcused. C. When callinz the roll call for the meetinz, the city clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the clerk will make an appropriate notation in the minutes. D. If a member has two (2) consecutive unexcused absences, three (3) unexcused absences total, misses 8 meetings in an appointment year, or has a record of attendance which shows disre,aard for the position and hinders the function of the commission, Administration will inform council and the council may remove the member from the commission. 299 CITY OF SEWARD, ALASKA ORDINANCE 2023-006 E. Member attendance will be submitted in the quarterly report. 2.30.217 Staff assistance to commission. A. The city manager, or designee, shall: 1. Assist the commission and shall be qualified by special training and experience in the field of city planning; 2. Will be the regular technical advisor of the commission, but shall not have the power to vote. B. City staff shall provide a clerk to the commission. The clerk shall: 1. Properly advertise the meetings as required by the Alaska Open Meetings Act; 2. Prepare the commission packet; and 3. Attend the commission meeting and keep a record of commission proceedings. 2.30.118 Quorum. Four members of the commission shall constitute a quorum for the transaction of business; except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. 2.30.220 Meetings. A. Regular meetings. Regular meetings shall be held at 7:00 p.m. in the city council chambers on the first Tuesday of each month. B. Special meetings. Special meetings may be held at the call of the chair or the city manager, and at such other times as the commission may determine. C. Meetings open to the public. All meetings and records of the commission shall be open to the public. D. Meeting rules of proceedings. Meetings shall be conducted under the current edition of Robert's Rules of Order, Newly Revised Edition. 2.30.221 Meetings—Time restrictions. A. The commission shall take no official action or address any other items on the agenda after 10:30 p.m. and shall adjourn any regular or special meeting no later than 10:30 p.m. 1. The time for conclusion of business and adjournment is mandatory. 2. In the event the commission's business has not been completed by the time set herein, the commission may recess the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. B. If the meeting is adjourned without making other provisions for completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled commission meeting under the agenda section for unfinished business. C. The commission shall not adjourn prior to 10:30 p.m. unless all agenda items have been addressed,and presentations and comments by members of the general public have been heard. 300 CITY OF SEWARD, ALASKA ORDINANCE 2023-006 2.30.223 Voting. The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger majority is required by law. 2.30.224 Minutes. A. The clerk to the commission shall keep minutes of all meetings. B. The minutes shall record the vote of each member on every question. C. The minutes shall be filed with the City Clerk's Office and shall be a public record. 2.30.225 Powers and duties. A. The commission shall perform the following duties: 1. Interpret the provisions of this title and make compliance determinations when requested by the administrative official; 2. Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward Zoning Code; 3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the council for consideration; and 4. Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. B. 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. C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: 1. Subdivision plat proposals; 2. Right-of-way and easement vacation petitions; 3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and 4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. D. The commission shall have no authority to solicit or commit city funds without first obtaining approval of the city council. 2.30.230 Compensation of commissioners. A. Commissioners shall be compensated for service on the planning and zoning commission at the rate of$100 per month; and B. Each commissioner shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. Section 2. This ordinance shall take effect ten(10) days following its enactment. 301 CITY OF SEWARD, ALASKA ORDINANCE 2023-006 ENACTED by the City Council of the City of Seward, Alaska, this 28th day of March, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: Barnwell, Wells, Finch, Osenga, Calhoon, McClure NOES: None ABSENT: DeMoss ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 302 MEMORANDUM Date: April 10, 2023 To: City Council From: Brenda Ballou, City Clerk RE: Unanticipated expense for the May 2, 2023 Special Election for Ballot Programming Mayor& Council, The purpose of this memo is to make you aware of an unanticipated expense that will be incurred by the city in relation to the upcoming special election relating to ballot programming for the voting machines. For background, the city has a Memorandum of Agreement (MOA) with the Kenai Peninsula Borough (KPB) for the co-administration of municipal elections, approved via Resolution 2021- 077. In the MOA, Section 2(h) and 3 (c) indicates that the borough prepares all the equipment for which the city pays a flat fee of$1,500. The city is obligated to hire and pay the election board (and the canvass board), and the city must collect the election equipment from the borough office. On March 21", however, I received notification from the borough clerk's office that there would be an unanticipated additional charge for ballot programming for which I requested an explanation: As far as an explanation for the cost quote: Processes have changed in the Borough Clerk's Office in regards to programming elections. When the MOA was executed, the Borough programed the elections in-house. That has changed and now, largely due to the complexity of the software and systems involved, we contract with a third party vendor (Dominion) to program the election. That is the reason we are looking to make specific arrangements with the city regarding election programming. Following Seward's special election we will need to revisit the MOA to account for this change and to discuss how all involved want to proceed. I am including the MOA and the quote with this memo for your information. 303 f Sponsored by. City Clerk f CITY OF SEWARD,ALASKA RESOLUTION 2021-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) WITH THE KENAI �} PENINSULA BOROUGH FOR THE CO-ADMINISTRATION OF MUNICIPAL ELECTIONS, AND AUTHORIZING THE �IAYOR TO SIGN KENAI PENINSULA BOROUGH JOINT RESOLUTION j 2021-001 �i WHEREAS, each year, the city clerk collaborates with the borough clerk's office to jJ cooperatively administer the annual regular municipal election; and k WHEREAS,historically,the borough clerk furnishes voting equipment, programming and testing services,voter pamphlet production and distribution,election board training,ballot �1 printing, and absentee in-person voting for city residents; and WHEREAS,in cxchangc,the city clerk secures the locations for election board training and election day, provides staff for absentee in-person voting for all borough ballots for the two weeks prior to election day, assists with securing election board workers, and furnishes candidate information and proposition language for the city ballot; and WHEREAS, the costs incurred for the election board workers has historically been split 50 50 between the city and the borough because election day activities involve both city 'l and borough ballots; and WHEREAS, this arrangement between the city and borough has been conducted cooperatively and satisfactorily for many years; and f WHEREAS, the purpose of this MOA is to memorialize election activities, in keeping with past practices, and to establish fair, predictable, and equitable costs, responsibilities, and distributions of work for both offices; and i WHEREAS, the Kenai Peninsula Borough Assembly approved KPB .faint Resolution 2021-001 on July 6, 2021. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: 1, Section 1. The City Manager is hereby authorized to enter into the Memorandum of Agreement (MOA) for Municipal Elections between the City of Seward and the Kenai Peninsula Borough in substantial form as attached herein. r Section 2, The Seward City Council hereby authorizes Mayor Terry to sign Kenai Peninsula ?j 304 4 CITY OF SEWARD,ALASKA RESOLUTION 2021-077 BorOu1111 Joint Resolution 2021-001 for the purpose of intergovernmental administration of borough �111(1 city elections. Section 3. Thiti i'eSOILItI011 11�111 bike e eo immediately upon adoption. PASSED AND AP1)R[VLD hv the City Co of the City of Seward, Alaska, this 12th day of July, 2021. T E IT F S tVARD,A i ri Terry ay I AYES: Seese, Casagranda, DeMoss, Baclaan, McClure, Terry NOES: None ABSENT: Osenga ABSTAIN: None ATTEST: Brenda .1. Ball u, MMC City Clerk + Of ri !� (City Seal�j`'•�' ...Eh'q ' • r �r.YaG�RPOFr,���, •Q r� A-L � � i R � ; w *Rs �•O*lr � � fib• II 305 KENAI PENINSULA BOROUGH CITY OF HOMER CITY OF KENAI y CITY OF SELDOVIA k; CITY OF SEWARD CITY OF SOLDOTNA JOINT RESOLUTION NO.2021-001 A JOINT RESOLUTION OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH AND COUNCILS OF THE C]'I'[ES OF HOMER, KENAI, SELDOVIA, SEWARD AND SOLDOTNA RESPECTIVELY, FOR THE PURPOSE OF INTERGOVERNMENTAL ADMINISTRATION OF BOROUGH AND CITY ELECTIONS WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local government to enter into agreements for the cooperative or joint administration of any function f or power, unless otherwise prohibited by law or charter; and „1 WHEREAS, AS 29.35.010(13) provides authority for the Borough to enter into intergm crnmental cooperative agreements for the joint administration of a borough function or power; and j� WHEREAS, historically the borough and five (5) of the cities within the borough (Homer, Kenai, Seldovia, Seward, and Soldotna) have collaborated on the administration of the annual regular municipal election; and }' WHEREAS, the Borough and the Cities share a common goal and find that it serves public 4 interest to work together to minimize costs, increase efficiencies and to ensure 1f municipal elections are conducted in a fair and consistent way throughout the borough; NOW, THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH ASSEMBLY AND THE COI:NCILS OF THE CITY OF HOMER, CITY OF 1tiENAI, 1 CITY OF SELDOVIA,CITE' OF SEWARD AND CITY OF SOLDOTNA: SECTION 1. That the horougli administration and administrations for the Cities of Homer, Kenai, Seldovia, Seward, and Soldotna respectively are authorized.. upon approval I, of this resolution by the borough assembly and respective councils for each city, to execute a Memorandum of Agreement substantially in the farm of't17e attached agreement, for the purpose of intergovernmental administration of Borough and City Elections. SECTION 2. That this resolution takes effect immediately upon adoption of the Kenai Peninsula P Borough Assembly and the City Councils of the City of Homer, City of Kenai, City of Seldovia, City of Seward and the City of Soldotna. t Joint Resolution No. 2021-001 Pagel of 3 306 APPROVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF 12021. Brent I lihhcrt, A scnih1v President ATTEST: Johni Blankenship, MMC, Borough Clerk APPROVED BY THE COUNCIL OF THE CITY OF HOMER THIS DAY OF 2021. Ken.Castner, Mayor ATTEST: M cl i ssa J ac obscn, MMC, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF KENAI THIS DAY OF 2021. Brian Gabriel Sr., Mayor ATTEST: Jamie Heinz, MMC, City Clerk APPROVED BY THE COUNCIL OF THE CITY OF SELDOVIA THIS DAY OF 2021. Jeremiah Campbell, Mayor ATTEST: Heidi Geagel, City Clerk Joint Re�()lution No.2021-001 Page o i 307 APPROVED By THE COUNCIL OF THE CITY jSA' THIS lZ. DAY OF 2021. �s risty Tcrry, y ATTES ����M��i��i • dF SzfgR��i •MCA o�.....,, "Y�'. Br nda Ballow, MM , City Clerk} —�—� SEALS APPROVED BY THE COUNCIL OF THE CI I' {lLll 'TN,: "I I IS DAY OF 2021. I' Paul Whitney, Mayor I( 's ATTEST: It Michelle M. Saner, MMC. City Clerk 'd i j� 3� F<i 'Y ('Y (gip C� ti '4 Joint Resolution No.2021-001 I 308 Page 3 of 3 Agenda Statement Meeting Date: July 12, 2021 To: City Council From: Brenda BalIou, City Clerk Agenda Item: MOA with KPB for Elections BACKGROUND & JUSTIFICATION: The Kenai Peninsula Borough and the City of Seward work cooperatively to administer elections, and the collaboration is very effective for providing safe and secure elections in the most efficient and cost-effective way possible. The city does not own its own election equipment,outside of the voting booths,and must rely upon the borough or state to furnish the actual voting machines.The proposed MOA is not anticipated by the city clerk to have a substantial effect on the budget. INTENT: Enter into a cooperative agreement with the Kenai Peninsula Borough to formalize cost-sharing for elections. CONSISTENCY CHECKLIST: Yes No NJA 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list): FISCAL NOTE: Approved by Finance De artment: 4"0>'_ ATTORNEY REVIEW: Yes h No RECOMMENDATION: Approve Resolution 2021-077 to enter a Memorandum of Agreement between the City of Seward and the Kenai Peninsula Borough for elections. 309 Memorandum of Agreement Between Kenai Peninsula Borough and the Cities of Kenai, Homer, Seldovia, Seward, and Soldotna For the Intergovernmental Administration of Borough and City Municipal Elections This Memorandum of Agreement (hereinafter the "Agreement") is by and between the Kenai Peninsula Borough, whose address is 144 North Binkley Street, Soldotna, AK 99669, (hereinafter "Borough") and the participating Cities of Kenai, Homer, Seldovia, Seward, and Soldotna (hereinafter "Cities," or "City") whose addresses are included on the signatory page below, for the purpose of intergovernmental administration of the Borough and the Cities' local municipal elections (hereinafter"municipal elections"). WHEREAS, Article X, Section 13 of the Alaska Constitution authorizes local government to enter into agreements for the cooperative or joint administration of any function orpower,unless otherwise prohibited by law or charter; and WHEREAS, AS 29.35.010(13) provides authority for the Borough to enter into intergovernmental cooperative agreements for the joint administration of a borough function or power; and WHEREAS, historically the borough and five (5) of the cities within the borough(Homer, Kenai, Seldovia, Seward, and Soldotna) have collaborated on the administration of the annual regular municipal election; and WHEREAS,the Borough and the Cities share a common goal and rind that it serves public interest to work together to minimize costs, increase efficiencies and to ensure municipal elections are conducted in a fair and consistent way throughout the borough; and WHEREAS, the parties hereto wish to memorialize past practices and understandings through this written document which shall constitute their specific agreement on terms and conditions related to roles, responsibilities, permissions and fees associated with the Borough's administration of municipal elections; THE PARTIES THEREFORE AGREE, in consideration of the mutual promises contained in this Agreement and the services and fees provided, as set forth below: 1. PURPOSE AND INTENT This Agreement is established and entered into between the parties for the purpose of jointly administering municipal elections. This Agreement contemplates basic and core election services for municipal elections, including special elections. The Borough Clerk's Office will be primarily responsible for providing the basic and core election services as set out below. The Cities agree to pay the Borough for reasonable costs related to the election services pursuant to the fee schedule established below, or as amended by mutual written agreement of the parties. In-line with current and past practices, the Borough's Clerk's Office will collaborate with the City Clerk's Offices regarding administration of municipal elections. MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page34(pf 11 2. BOROUGH'S OBLIGATIONS a. Election and Ballot Programming: i. The Borough Clerk's Office will program the election(s) and ballot(s) for all regular and special municipal elections. ii. Each City will pay an administration fee for this service as set out in Section 3 below. Each City will provide final approval of ballot proofs to the Borough Clerk's Office. iii. Ballots shall be delivered to each City at least 15 days before each regular election and at least 10 days before each special or runoff election. b. Logic and Accuracy Testing i. The Borough Clerk's Office will ensure all ballots and equipment is tested and set for municipal elections. ii. Each City will pay an administration fee for this service as set out in Section 3 below. iii. Copies of the logic and accuracy testing will be provided to each City. c. Voter Pamphlet—to include Borough and Cities candidates and issues i. The Borough Clerk's Office will provide the Cities forms for candidate and ballot propositions submissions, and sample ballots, to be included in the Information Brochure (aka Voter Pamphlet). The completed forms will be submitted to the Borough Clerk's Office camera ready. ii. Each City will pay an administration fee for this service as set out in Section 3 below. d. Shared services for absentee voting i. The Borough Clerk's Office will open an absentee voting site two weeks prior to the regular election and provide for absentee voters to have access to borough and city ballots for all precincts within the borough. ii. This is an in-kind service; there is no administrative charge for this service. e. Election worker recruitment, training, and administration i. The Borough Clerk's Office will,in collaboration with each City,recruit,train, and provide for administration of all shared election workers, to include election judges, election officials, canvass board, election board, and any other similar terms in City or Borough codes referring to election workers. Election workers hired for a regular municipal election will be considered temporary employees of the Borough. ii. Each City will pay or cause to be paid an administration fee for this service as set out in Section 3 below. iii. For the purposes of Workers' Compensation and all other employment related matters Election Workers shall be considered temporary employees of the Borough. iv. Because City of Seldovia is within the Seldovia/Kachemak Bay voting precinct which is a by mail precinct for the borough, the Borough Clerk's MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page34pf 11 Office will only be responsible for hiring an absentee voting official to work on Seldovia/Kachemak elections. f. Equipment delivery and storage i. The Borough Clerk's Office will provide for all necessary election equipment to be delivered to polling sites and absentee voting stations, unless specific arrangements are otherwise made with individual cities. g. Precinct/Polling Site Rental i. In the event a polling site requires a rental charge, the KPB will handle all aspects of securing the site for use. ii. Each City will pay an administration fee for this service as set out in Section 3 below. h. Special elections support i. Section 2(a) through(g) above do not apply to City special elections. ii. Unless specific arrangements are otherwise made with individual cities, the Borough Clerk's Office will program ballots, provide logic and accuracy testing, and provide for use of Borough election equipment for the City's special election which will include print ready artwork to printer, ballot tabulator, ADA compliant tablet, ballot printer, and ballot box per precinct for special elections conducted by a City. iii. Each City will pay an administration fee for this service as set out in Section 3 below. The Borough will not provide for an absentee voting site for special elections conducted by a City. Each City will pick up the Borough election equipment that it will use in its special election. 3. CITIES OBLIGATIONS AND FEES a. The Cities' respective Clerk's Office will open an absentee voting site two weeks prior to the regular election and provide for absentee voters to have access to borough ballots for precincts within or near the city limits. Except that it is understood City of Soldotna and the KPB will share an absentee voting site at the Borough Administration Building located at 144 N. Binkley Street. b. The Cities' respective Clerk's Office will provide all candidate information and proposition language in order to accommodate timelines for ballot programming and voter pamphlet information. c. By signing this Agreement, Cities consent to the following fee schedule: Service Cost Description Ballot Programming $500 per regular See description of services in election 2(a) above. Logic and Accuracy $100 per regular See description of services in Testing election 2(b) above. Voter Pamphlet $100 per page See description of services in 2 c above. MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page342of 11 Shared services for No charge, in kind See description of services in absentee voting service provided 2(d) above. Election worker 50%of wages and Wages are based on the current recruitment,training, employer's share of election worker hourly rate as set and administration FICA for all election by the Division of Elections officials working at polling locations See description of services in within city's 2(e) above. jurisdiction. Equipment delivery and No charge See description of services in storage 2(f) above. Precinct rental or lease 50150, with a See description of services in fees maximum charge to 2(g) above. the city of$50 if charged by the site City's Special Elections $1500 flat rate See description of services in 2(h) above. 4. ELECTION WEBPAGES AND LOCAL INFORMATION The parties agree that the Borough and each City shall continue to maintain, with each party continuing to bear respective associated costs, its own election webpage and other information items regarding municipal elections. 5. WITHDRAWAL a. If the Borough or a City wants to withdraw from agreement They must provide 4 months' written notice. b. The Borough or a City cannot cancel or terminate this agreement within 90 days of the regular municipal election. 6. TERM OF AGREEMENT This Agreement shall be in effect for five (5) years beginning , 2021 and terminating " l 5 2026. This Agreement is eligible fo o 5-year renewals by mutual write c ent of the parties. MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page 4 of 11 313 7. CITY AND KPB CODE AND STATE LAW This Agreement does not supersede any City or KPB code or state law. If a provision of this Agreement conflicts with KPB or City code or state law, the respective code and state law controls. 8.WORKERS' COMPENSATION; LIABILITY INSURANCE Each Party shall be responsible for the purchase and maintenance of minimum insurance coverage as specified in paragraphs (a) and(b) of this section. Insurance coverage shall be in acceptable form, and for the amounts specified by the Borough, or as required by law, whichever is greater. Insurance coverage shall remain in effect for the life of this Agreement, and any extensions thereto. This insurance shall be primary. a. Commercial general/automobile liability insurance of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence. b. Worker's Compensation and Employer's Liability insurance shall be provided for all employees and volunteers as per Alaska State Statutes. 9. DEFAULT Failure of either party to fully perform its obligations under the terms of this Agreement will constitute a default. If default is not cured, within 30 days, by full performance under this Agreement, then the non-defaulting party may immediately terminate the Agreement by delivering written notice to the defaulting party. 10. AMENDMENT OF AGREEMENT This Agreement may only be modified or amended by written agreement of the parties. II. COUNTERPARTS; ELECTRONIC SIGNATURE This Agreement may be executed in counterparts and may be executed by way of facsimile or electronic signature in compliance with AS 09.80, each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties. There are no other understandings or agreements between the parties, either oral or memorialized in writing regarding the matters addressed in this Agreement. The parties may not amend this Agreement unless agreed to in writing with both parties signing through their authorized representatives. MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page35,pf 11 13. SAVINGS CLAUSE If any provision of this Agreement shall be invalidated on any ground by any court of competent jurisdiction, then the invalidated provision shall remain in force and effect only to the extent not invalidated and the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 14. OBLIGATIONS All of the Borough's and the Cities obligations as specified in Sections 1 and 2 are subject to lawful appropriations, if necessary, for the specific purpose of carrying out the Borough and City's obligations. KENAI PENINSULA BOROUGH 144 N BINKLEY STREET SOLDOTNA, AK 99669 By: Charlie Pierce, Mayor Date: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Johni Blankenship, Borough Clerk Sean Kelley, Deputy Borough Attorney MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Pagefipf 11 CITY OF KENAI 210 FIDALGO AVE. KENAI,AK 99611 By: Paul Ostrander, City Manager ATTEST: Jamie Heinz, City Clerk MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page376of 11 CITY OF HOMER 491 E. PIONEER AVE. HOMER, AK 99603 By: Rob Dumouchel, City Manager Date: ATTEST: Melissa Jacobsen, City Clerk MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page3§pf 11 CITY OF SELDOVIA PO DRAWER B SELDOVIA, AK 99663 By: City Manager Date: ATTEST: Heidi Geagel, City Clerk MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page3ggof 11 CITY OF SEWARD PO BOX 167 SEWARD, AK 99664 B.7 , City Manager Date: �� ATTEST: 6g er�da Ballow, City Clerk 0 � 44 OF 4.�•d w MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page 10 o€11 319 CITY OF SOLDOTNA 177 N BIRCH ST. SOLDOTNA,AK 99669 By: Stephanie Queen, City Manager Date: ATTEST: Shellie Saner, City Clerk MEMORANDUM OF AGREEMENT—LOCAL ELECTIONS Page jjof 11 DOMINION VOTING March 17,2023 Kenai Peninsula Borough, AK Q00009617 Prepared by: Budgetary Quote Christy Kurowski christy.kurowski@dominionvoting.com Product/Service Description Part Number Qty Unit Price Extension Election Support Services Election Setup/Ballot Setup S00006 1.0 $3,850.00 $3,850.00 Sub-Total $3,850.00 Purchase Sub-Total $3,850.00 Purchase Total $3,850.00 Terms and Conditions This quote is valid for 90 days and subject to change for scope and configuration updates. All Shipping costs to be invoiced separately to customer.All pricing is subject to standard terms and conditions. Amounts due in years 2 and thereafter are subject to annual increases reflective of inflation. Annual warranties are optional. Signatures Customer Name(printed) Title Signature Date(MM/DD/YYYY) 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 (7:001pm 5 6 7 8 P&Z 12:OOpm PACAB 12:OOpm CC Spc Mtg(Review City Clerk 9 10 11 12 13 14 15 7:OOpm CC Mtg 6:OOpm (Council Rescheduled- HPC Work ss on 7:OOpm Rescheduled- HPC Regular 16 17 18 19 20 21 22 6:OOpm P&Z 12:OOpm Work Session Rescheduled- (Council PACAB WS (Rescheduled I to April 26) 23 24 25 26 27 28 29 7:OOpm CC Mtg PACAB WS (Rescheduled 30 May 1 2 3 4 5 6 Council Calendar 1 4/5/2023 3:07 PM 322 23 May 2023 May a Th June e Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 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 3 4 5 6 Special Municipal12:OOpm PACAB 7:OOpm P&Z Meeting 7 8 9 10 11 12 13 7:OOpm CC Mtg 6:OOpm HPC (Council Work Session (Rescheduled from April 13) 7:OOpm HPC Mtg (Rescheduled from April 13 14 15 16 17 18 19 20 6:OOpm P&Z 12:OOpm PACAB Work Session WS (Council 21 22 23 24 25 26 27 7:OOpm CC Mtg 28 29 30 31 Jun 1 2 3 Holiday- Memorial Qa�L Council Calendar 2 4/5/2023 3:07 PM 323 23 June 2023 June e Th July e Th SuMo TuW Fr Sa SuMo TuW Th Fr Sa 1 2 3 1 4 5 6 7 8 910 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 28 29 30 31 Jun 1 2 3 4 5 6 7 8 9 10 7:OOpm P&Z 12:OOpm PACAB 11 12 13 14 15 16 17 7:OOpm CC Mtg (Council 18 19 20 21 22 23 24 6:OOpm P&Z 12:OOpm PACAB Work Session WS (Council 25 26 27 28 29 30 Jul 1 7:OOpm CC Mtg Council Calendar 3 4/5/2023 3:07 PM 324