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04242023 City Council Regular Meeting Packet
Seward Agenda � Packet Cz LA v - . y F Monday, AprilCity Council - - • • , 00 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 24, 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 —None B. City Manager Report .............................................................................. Pg. 4 C. City Clerk Report ................................................................................. Pg. 39 D. City Attorney Report E. Other Reports and Announcements 1. Planning& Zoning Commission Report to Council —April 2023. .......................... Pg. 43 F. Presentations 1. Small Business Development Center Presentation by Cliff Cochran. (Rescheduled from April 10, 2023) ................................................................................................. Pg. 46 2. Alaska Trails Presentation on the Long Trail. 1 7. CONSENT AGENDA A. Minutes of Preceding Meeting *1. Approval of the March 28, 2023 City Council Special Meeting Minutes. ................... Pg. 60 *2. Approval of the March 28, 2023 City Council Regular Meeting Minutes. .................. Pg. 63 *3. Approval of the April 6, 2023 City Council Special Meeting Minutes. ...................... Pg. 76 *4. Approval of the April 10, 2023 City Council Regular Meeting Minutes. .................... Pg. 79 B. Introduction of Ordinances *1. Ordinance 2023-010, Amending Seward City Code Title 9—Health And Safety For The City Of Seward Recodification Project. ..................................................................... Pg. 89 *2. Ordinance 2023-011, Amending Seward City Code Title 10—Public Peace,Morals And Welfare For The City Of Seward Recodification Project. ............................................... Pg. 168 *3. Ordinance 2023-012, Amending Seward City CodeTitle 3 —Personnel. .................. Pg. 179 *4. Ordinance 2023-013, Enacting Seward City Code, Section 3.50.040- Floating Holiday. Pg. 231 *5. Ordinance 2023-014, Amending Seward City Code, Chapter 2.30 - Boards and Commissions. ......................................................................................................... Pg. 235 C. Resolutions *1. Resolution 2023-045, Appointing Harbormaster Norm Regis As Acting City Manager For Up To Six Months Beginning May 11, 2023, With The Option To Extend As Necessary. ... Pg. 245. *2.Resolution 2023-047, Authorizing The City Manager To Purchase An "HLA Hydraulic Wing Blade" Loader Attachment In The Amount Of$21,150 Plus 10% Contingency Of$2,115 From Construction Machinery Industrial, LLC (CMI) And Appropriating Funds. ............... Pg. 249 *3. Resolution 2023-048, Authorizing The City Manager To Approve The Purchase Of A Backup Pump Replacement With DXP Alaska Pump & Supply, Inc For The Town Wastewater Lift Station 91 In An Amount Not To Exceed $57,887.50 And Appropriating Funds. ........ Pg. 256 D. Action Memoranda —None E. Other Items *1. Non-objection to the transfer and renewal of the liquor license 93230—Restaurant/Eating Place, and approval of the Restaurant Designation Permit, for Apollo Restaurant. ............... Pg. 271 *2. Appoint Laura Erickson to the Historic Preservation Commission with a term to expire May, 2025. ................................................................................................ Pg. 311 8. PUBLIC HEARINGS —None 9. UNFINISHED BUSINESS —None 2 10. NEW BUSINESS A. Resolutions 1. Resolution 2023-049, Authorizing The City Manager To Purchase A 2023 Chevrolet Silverado 2500 Double Cab From Chevrolet Of South Anchorage Using The State Procurement Process In A Not-To-Exceed Amount Of$60,073 And Appropriating Funds. .......................... Pg. 313 B. Action Memoranda —None C. Other New Business 1. Discuss Obihiro delegation exchange and determine next steps. ............................ Pg. 319 2. Schedule a joint work session with the Planning & Zoning Commission, the Port& Commerce Advisory Board, and the Historic Preservation Commission. ............................... Pg. 331 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes —None B. Other Items 1. Deputy City Clerk's memo regarding timely receipt of Annual Financial Disclosure Forms. ......................................................................................................... Pg. 332 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 15.ADJOURNMENT 3 • City of Seward City Manager's Report " ' April 24, 2023 Mayor McClure and Council Members, Washington DC Delegation Trip I'm writing this report from our Nation's capital. Our schedule is full of meetings with legislators and agencies. A report of our activities will be given during the council meeting. I've attached a letter from Senator Lisa Murkowski to Martin Heinrich, Subcommittee Chair and John Hoeven, Ranking Subcommittee Member on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Senator Committee on Appropriations regarding the Senator's CDS requests. Please note the inclusion of the City's Public Works Facility Project. This request is another step in the CDS funding process. Confluence Strategies The Confluence Strategies weekly status report is attached. Thank you, 4 LISA MURKOWSKI 510 L STREET,SUITE 600 ANCHORAGE,AK 99501-1956 ALASKA {907)271-3735 COMMITTEES: 250 CUSHMAN STREET,SUITE 2D 99701 ENERGY AND NATURAL RESOURCES "United �tate� senate FAI1907)4,AK 33 19071456-0233 APPROPRIATI[ONS 800 GLACIER AVENUE,SUITE 101 SUBCOMMITTEE ON INTERIOR, W ASHINGTON,DC 20510-0203 JUNEAU,AK 99801 ENVIRONMENT,ANO RELATED AGENCIES {202}224-6665 d9071 566-7277 RANKING MEMBER 12021 224-5301 FAX 44539 STeRUNG HIGHWAY,SUITE 203 HEALTH,EDUCATION,LABOR, SOEDOTNA,AK 99669 AND PENSIONS 19071 262-4220 INDIAN AFFAIRS 1900 FIRST AVENUE,SUITE 225 VICE CHAIRMAN KETCHIKAN,AK 99901-6059 {907)225-6880 851 EAST WESTPOINT DRIv E,SUITE 307 WASILLA,AK 996 54-7142 49071376-7665 March 31, 2023 The Honorable Martin 1 leinrich The Honorable John 1locven Chairman Rankine Member Subcommittee on Agriculture, Mural Subcommittee on AgriCUlturC, Rural Development, Food and Drug Development. Food and Drug Administration, and Related Agencies Administration, and Relatcd Aocncies Senate Committee on Appropriations Senate Committee on Appropriations Dear Chairman Heinrich and Ranking Member Hoeven, I certify that neither I nor my immediate family has a pecuniary interest in any of the COnL)ressiOnally directed itcrlti that I have requested in the Fiscal Year 2024 Agriculture, IZUY,11 Der elt } :. 1}t, I Iud and DrUg Administration, and Related Agencies appropriations bill, consistent with the requirements of paragraph 4 or Rule XLIV of the Standing Rules ofthe Senate. Sincerely, Lisa Murkowski United States Senator HOME PAGE AND WEB MAIL MURKOWSK&ENATE-GOV Hooper Bay,Houston,Sand Point,Yakutat,Haines,Delta Alaska Municipal League Heavy Equipment to Support Rural Maintenance Needs Junction,Pilot Station,Galena $ 4,116 Haines Borough Haines Community Safety and Training Center Haines $ 5,000 Northwest Arctic Borough (Kiana,Deering,Noatak, Northwest Arctic Borough Northwest Arctic Borough Public Safety,Fire,and Rescue Facilities Kivalina,Kotzebue) $ 2,629 City of Craig,Alaska Craig Firehall/EMS Building Construction Craig $ 4,125 Native Village of Nunapitchuk Nunapitchuk Community Essential Services Office Building Nunapitchuk $ 1,045 City of St.Michael St.Michael Public Safety Building St.Michael $ 638 Copper Valley Development Association Gulkana Airport First Responders Multi-Use Hangar Glennallen $ 5,900 City of Nome Nome Rapid Response Facility Nome $ 5,000 City of Houston Multi-Use Fire Station and Public Works Facility Houston $ 2,179 City of Aleknagik Public Safety and Heavy Equipment Maintenance Building Aleknagik $ 2,307 City of Saxman Replacement Fire Truck and Apparatus Saxman $ 637 City of Kodiak Fire Department Emergency Response Vehicle Kodiak $ 1,293 City of Saxman Saxman Public Safety Building Saxman $ 1,500 City and Borough of Wrangell Wrangell Public Facilities Building Wrangell $ 7,000 False Pass Harbor House Construction City of False Pass $ 1,187 Cross Road Health Ministries,Inc. Interior Alaska Medical Center Delta Junction $ 980 Sunshine Station Child Care Center Child Care Center Talkeetna $ 1,000 Native Village of Kongiganak John Phillip Judicial Improvement Project Kongiganak $ 562 Village of Solomon Tribal Village Community Headquarters Facility Nome $ 647 Alaska Native Rural Veterinary Inc. Alaska Native Rural Veterinary Care Statewide $ 750 Pribilof Aleuts Inc Airport Community Facility Improvement St.Paul $ 3,000 Metlakatla Indian Community Boathouse Repairs and Modernization Annette Island Reserve $ 292 Kake Tribal Heritage Foundation Point Macartney Public Services Facility Petersburg Borough $ 931 Petersville Community Non-Profit Corporation Operation Snowcat House Petersville $ 562 City of Seward Municipal Public Works Facility Replacement Seward $ 7,500 Yupiit of Andreafski Tribal Administration Multi-Purpose Building St.Mary's $ 4,425 Bethel Community Services Foundation Food Security Storage and Distribution Space Bethel $ 210 Palmer Emergency Food and Community Service New Emergency Food and Community Service Building Palmer $ 825 Kodiak Island Borough School District Sustainable Agriculture Greenhouse Construction Kodiak $ 318 Sitka Conservation Society Art and Cultural Residency Center Pelican $ 283 Kids Kupboard Community Garden and Preservation Facility Matanuska-Susitna Borough $ 184 Native Village of Unalakleet Essential Services Community Office Building Unalakeet $ 3,750 Nudlaghi Leadership Institute Silver Salmon Creek Camp Equipment Kenai Peninsula Borough $ 200 Ketchikan Indian Community S'eenaa Hit Navigation Center Ketchikan $ 825 Matanuska-Susitna Borough Willow Fire and EMS Station Willow $ 3,750 6 Palmer Public Library Palmer Public Library Palmer $ 5,363 7 CO11f ucnee Strategies City of Seward Alaska Weekly Session Report 2023 Legislative Session 33rd Legislature - 1st Session 90th Day April 16, 2023 Note: Of the 292 total bills introduced, only 3 bills have passed both bodies so far in the current session Legislature Majority press releases&announcements: House Majority HOUSE PASSES BILL ALLOWING AUTOMATIC RECLASSIFICATION OF FIRST-CLASS CITIES APR 14, 2023 (JUNEAU) - The Alaska House Majority is pleased to announce the passage of a new bill that would allow for automatic reclassification of first-class cities with populations of less than 400 residents as second-class cities. House Bill 69, which passed unanimously in the House, will provide cities with more autonomy and better representation in local government. "This bill is a win forAlaskan communities,"said Bill sponsor, Representative Mike Cronk (R-Tok). "By allowing first class cities with smaller populations to reclassify as second-class cities, we're giving them the flexibility to tailor their local government to their unique needs P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 8 Confluence Strategies and better represent their residents. This allows Tanana to do what is best for their community and kids." Under the new legislation, a first-class city with a population of less than 400 residents can be reclassified as a second-class city if the council submits a written request to the Local Boundary Commission. If the commission verifies that the population is indeed less than 400, the city is eligible for reclassification. The city council then has 30 days to accept or reject the reclassification, with the reclassification taking effect 60 days after notification of eligibility. "This bill will empower local governments and give them the tools they need to better serve their communities,"said House Speaker Cathy Tilton (R-Wasilla). "We're thrilled to have passed this legislation and look forward to seeing the positive impact it will have on Alaskan cities and towns." The bill now goes to the Senate. HB 69 is expected to have a significant impact on smaller first-class cities throughout the state. By providing these cities with greater autonomy and more tailored local government representation, the Alaska House Majority hopes to promote growth and development in these important communities. h ttps:,(/akh o usemaio ri tv.com-120231041h o use-passes-bill-all owi ng-a u toma tic- reclassification-of-first-class-cities- Bills Introduced This Week: SENATE Bill Short Title Prime Sponsor(s) SB 126 ARCHITECT/ENGINEER REGISTRATION BOARD SENATE LABOR&COMMERCE SB 127 TAXATION:VEHICLE RENTALS SENATOR CLAMAN SB 128 COMMERCIAL SALMON FISHERY CLOSURE SENATOR OLSON SB 129 MATT GLOVER BIKE PATH SENATOR MYERS HOUSE Bill Short Title Prime Sponsor(s) HB 155 ESTABLISH AK MILITARY AFFAIRS COMMISSION REPRESENTATIVE STAPP HB 156 INCOME TAX REPRESENTATIVE GALVIN HB 157 PROCLAIM JUNETEENTH DAY A HOLIDAY REPRESENTATIVE WRIGHT HB 158 MILITARY;UNITED STATES SPACE FORCE HOUSE MILITARY&VETERANS'AFFAIRS P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 9 Confluence Strategies HB 159 REGISTER INTERIOR DESIGNERS HOUSE LABOR&COMMERCE HB 160 PERMANENT FUND CALCULATION HOUSE WAYS&MEANS HB 161 CIVIL LEGAL SERVICES FUND REPRESENTATIVE WRIGHT HB 162 GUN VIOLENCE PROTECTIVE ORDERS REPRESENTATIVE JOSEPHSON HB 163 FAFSA RAFFLE REPRESENTATIVE HIMSCHOOT Bills Tracked: BILL SHORT TITLE SPONSOR(s) STATUS DATE HB 35 REPEAL CERTIFICATE OF NEED RAUSCHER (H) L&C 02/10/23 PROGRAM HB 49 CARBON OFFSET PROGRAM ON RLS BY REQUEST OF (H) FIN 03/20/23 STATE LAND THE GOVERNOR HB 50 CARBON STORAGE RLS BY REQUEST OF H FIN 03 13 23 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. FINANCING TOMASZEWSKI (H) TRA 03/17/23 HB 133 MUNICIPAL SERVICE AREA SUMNER (H) CRA 03/27/23 BOARD MEETINGS HB 134 PROPERTY TRANSFER TAX; MUNI COULOMBE (H) CRA 03/27/23 TELECOMM TAX HB 150 RESIDENTIAL BUILDING CODE SUMNER (H) L&C 03/31/23 HB 154 AK HOUSING FINANCE CORP: RLS BY REQUEST OF (H) ENE 04/05/23 SUSTAIN ENERGY THE GOVERNOR SB 33 RENEWABLE ENERGY GRANT KAUFMAN (S) FIN 02/17/23 FUND SB 48 CARBON OFFSET PROGRAM ON RLS BY REQUEST OF (S) RES 01/27/23 STATE LAND THE GOVERNOR P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 10 Confluence Strategies SB 49 CARBON STORAGE RLS BY REQUEST OF S RES 01 27 23 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 SB 77 MUNI PROP TAX EXEMPTION/TAX DUNBAR (H)CRA 04/12/23 BLIGHTED PROP SB 79 RECLASSIFICATION OF FIRST BISHOP (S)CRA 02/24/23 CLASS CITIES SB 92 STATE OWNERSHIP OF GIESSEL BY REQUEST (S) RES 03/08/23 SUBMERGED LAND SB 101 UTILITIES: RENEWABLE TOBIN (S) L&C 03/15/23 PORTFOLIO STANDARD SB 105 RAILROAD CORP.FINANCING TRANSPORTATION (S)TRA 03/15/23 SB 125 AK HOUSING FINANCE CORP: RLS BY REQUEST OF (S)FIN 04/05/23 SUSTAIN ENERGY THE GOVERNOR Hearina Schedule Next Week:: (S)FINANCE Apr 17 Monday 1:00 PM SENATE FINANCE 532 --Please Note Time Change-- + SB 34 CITIZEN ADVISORY COMM ON FEDERAL AREAS --Invited&Public Testimony-- <Time Limit May Be Set> (H)FINANCE Apr 17 Monday 1:30 PM ADAMS 519 + HB 83 CITIZEN ADVISORY COMM ON FEDERAL AREAS + Bills Previously Heard/Scheduled P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 11 Confluence Strategies (H)WAYS&MEANS Apr 17 Monday 6:00 PM DAVIS 106 *+ HB 156 INCOME TAX + Bills Previously Heard/Scheduled (H)COMMUNITY®IONAL AFFAIRS Apr 18 Tuesday 8:00 AM BARNES 124 += SB 77 MUNI PROP TAX EXEMPTION/TAX BLIGHTED PROP --Invited&Public Testimony-- --<Time Limit May Be Set>-- (S)FINANCE Apr 18 Tuesday 9:00 AM SENATE FINANCE 532 *+ HB 54 APPROP: SUPPLEMENTAL;REAPPROP;AMENDING <Pending Referral> += SB 41 APPROP: CAPITAL/SUPPLEMENTAL (H)ENERGY Apr 18 Tuesday 10:15 AM BARNES 124 += HB 154 AK HOUSING FINANCE CORP:SUSTAIN ENERGY --Public Testimony-- + Bills Previously Heard/Scheduled (H)FINANCE Apr 18 Tuesday 1:30 PM ADAMS 519 += HB 49 CARBON OFFSET PROGRAM ON STATE LAND += HB 50 CARBON STORAGE + Bills Previously Heard/Scheduled (S)FINANCE Apr 19 Wednesday 9:00 AM SENATE FINANCE 532 *+ HB 39 APPROP: OPERATING BUDGET/LOANS/FUND;SUPP <Pending Referral> P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 12 Confluence Strategies *+ HB 41 APPROP: MENTAL HEALTH BUDGET <Pending Referral> Bills Previously Heard/Scheduled (H)RESOURCES Apr 19 Wednesday 1:00 PM BARNES 124 + Presentation: Project Updates by Alaska Industrial Development and Export Authority + Bills Previously Heard/Scheduled (H)FINANCE Apr 19 Wednesday 1:30 PM ADAMS 519 += HB 40 APPROP: CAPITAL/SUPPLEMENTAL + Presentation:Alaska Housing FinanN kafiaafiakan Housing Programs by Bryan Butcher, Chief Executive Officer,and James Wiedle,Budget Director + Bills Previously Heard/Scheduled (H)LABOR&COMMERCE Apr 19 Wednesday 3:15 PM BARNES 124 *+ HB 150 RESIDENTIAL BUILDING CODE (H)COMMUNITY®IONAL AFFAIRS Apr 20 Thursday 8:00 AM BARNES 124 + Presentation: Inv + Bills Previously Heard/Scheduled **Streamed live on AKL.ty** P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 13 Confluence Strategies (S)FINANCE Apr 20 Thursday 9:00 AM SENATE FINANCE 532 For Juneau,Southeast,Prince William Sound,& Kodiak Please Sign Up By 10:15AM *+ HB 39 APPROP: OPERATING BUDGET/LOANS/FUND;SUPP <Pending Referral> *+ HB 41 APPROP: MENTAL HEALTH BUDGET <Pending Referral> += SB 41 APPROP: CAPITAL/SUPPLEMENTAL <Time Limit May Be Set For All Public Testimony> Bills Previously Heard/Scheduled (H)ENERGY Apr 20 Thursday 10:15 AM BARNES 124 + �Nuclear Energy and the Idaho Na�ratory by Steven E.Aumeier,PhDI �r,Strategic Proms + Bills Previously Heard/Scheduled (S)COMMUNITY®IONAL AFFAIRS Apr 20 Thursday 1:30 PM BELTZ 105 (TSBIdg) *+ SB 79 RECLASSIFICATION OF FIRST CLASS CITIES Overview:ANCSA 14(c)(3) and the Municipal Lands Trustee Proms + Bills Previously Heard/Scheduled (H)RESOURCES Apr 21 Friday 1:00 PM BARNES 124 += HB 98 STATE OWNERSHIP OF SUBMERGED LAND --Public Testimony-- + SB 92 STATE OWNERSHIP OF SUBMERGED LAND <Pending Referral> --Public Testimony-- P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 14 Confluence Strategies (H)FINANCE Apr 21 Friday 1:30 PM ADAMS 519 += HB 40 APPROP: CAPITAL/SUPPLEMENTAL + Presentations: -Alaska Energy Authority Energy Projects by Curtis Thayer,Executive Director -Village Safe Water and Wastewater by Commissioner Jason Brune,and Randy Batl Director,Division of Water,Department of Environmental Conservation + Bills Previously Heard/Scheduled Hearina materials/Documents of interest: Presentation:Launch Alaska and the Housto Jon Powers Alaska Energy Committee Presentation.pdf Launch Alaska-House Energy Committee Presentation April 2023.pdf DEC Overview:Spill Prevention and Response 04.11.2023 SFIN SPAR Overview.pdf HB49-CARBON OFFSET PROGRAM ON STATE LAND HB49-AK House Finance Committee-Forest Carbon 101 by Anew-4.06.2023.12df HB134-PROPERTY TRANSFER TAX;MUNI TELECOMM TAX HB 134 CCED Fiscal Note.pdf HB 134 DOR Fiscal Note.pdf HB 134 22-LS0618B.12df HB 134 Sectional Analysis.pdf HB 134 Sponsor Statement.pdf SB52-INCREASE BASE STUDENT ALLOCATION SB 52 Explanation of Changes Version A to Version -.pdf P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 15 Confluence Strategies SB 52 Research-ISER K-12 Spending Update.pdf SB 52 Sponsor Statement.pdf SB 52 Supporting Document-ACSA 2023 Joint Position Statements.pdf SB 52 Testimony-Anchorage School Board.pdf SB 52 Testimony-Received as of 03.16.2023.pdf SB 52 Testimony-Seldovia Resolution.pdf SB 52 Version S Sectional Analysis.pdf SB 52 22-23-03 CSD Increase to the Base Student Allocation Resolution 032223.12df SB 52 Support Anchorage School District backup-Alaska EB Report 2023 Final (11.12df SB 52 Susan B.English PAC Legislative Letter of Request to Support BSA.pdf SB 52 Support Nickell.pdf SB 52 Support LaRoe.pdf SB 52 Support Johnson.pdf SB 52-HB 65 Support Vano.pdf SB 52 BSA Increase Support Schaeffer.pdf SB 52 Support Veerman.pdf SB 52 Research-Legislative Finance Memo on BSA and Inflation.pdf SB 52 Research-Boosting Educational Attainment and Adult Earnings-Education Next.pdf SB 52 Research-AEFP School Funding Report.pdf SB 52 Research-NBER Working Paper 22011.pdf SB 52 Research-Review of Alaska School Funding Program Jul 2015.12df SB 52 Presentation-Sen.Tobin 041323.12df SB 52 Presentation-Roy Getchell.pdf SB 52 Presentation-3rd corrected version Sen.Tobin 04.13.2023.12df 1-113154-AK HOUSING FINANCE CORP:SUSTAIN ENERGY HB154 AHFC-AEA Presentation to H.ENE 04.13.23.12df P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 16 Confluence Strategies AlaskaRenewables-House Energy Committee.pdf HB0154B.pdf HB98-STATE OWNERSHIP OF SUBMERGED LAND HB 98 DNR DMLW State Ownership of Submerged Lands Presentation 04.14.2023.pdf HB 98-Sponsor Statement.pdf HB 98-Sectional Analysis.pdf HB 98-SCI AK Supporting Document.pdf HB 98-40 Mile Letter of Support.pdf HB 98-Dept.of Law Federal Laws&Litigation Report 2023.12df P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 17 Conflucnee Strategics Major News Articles / Political Items of Interest Business/Economy Alaska population dipped last year, Census Bureau finds More people moved out of Alaska than into the state last year,but other population factors nearly offset the loss, according to new figures from the U.S. Census Bureau. Kristie Wilder, a Census demographer, said Alaska lost more than 6,000 people to other states last year, continuing a decade-long trend. "2010 was the last time Alaska had positive domestic net migration," she said. https://www.ktoo.org/2023/04/10/alaska-population-dipped-last-year-census-bureau- finds Businesses face more and more pressure from investors to act on climate change Every spring, shareholders in publicly traded companies get to weigh in on how they're run. It's a chance for investors to vote on proposals to shape corporate policies for things like executive pay and political spending. But as the Earth heats up, annual shareholder meetings have become a battleground for activist investors who are pressing companies for more aggressive action on climate change. https:://www.ktoo.org/2023/04/10/businesses-face-pressure-from-investors-to-act-on- climate-change/ State Budget/Programs Budget stalls in House as leaders confer with Senate Lawmakers trying to work out differences on PFD, education, deficit asfinal month ofsession nears The budget process has gone from overheated to superchill in the state House during the past week, as leaders are holding off on a floor vote while they discuss an overall spending plan with key members of the Senate that addresses differences such as an education spending increase,the amount of the Permanent Fund Dividend and how to cope with a sizeable expected deficit. httl2s://www.juneaueml2ire.com/news/budget-stalls-in-house-as-leaders-confer-with- senate P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 18 Confluence Strategies Alaska Permanent Fund Corp. will end in-state investment program The board of trustees governing the $76 billion Permanent Fund cited potential conflicts with the board's overall goal of maximizing returns. Hard math begins on education funding boost Somebody's going to pay the bill if there's an education funding increase and the state lawmakers now considering the proposal are asking who that's going to be. httl2s:,//www.juneaueml2ire.com/news/hard-math-begins-on-education-funding-boost/ Politics/Police War on the poor: If government decides your property is a `blight.' it could levy huge tax under Dunbar bill Americans for Tax Reform has come out strongly against Senate Bill 77, a "blight tax bill" sponsored by Sen. Forrest Dunbar of Anchorage. The legislation... Alaska Senate passes bill to allow municipal blight tax, property tax exemptions The Alaska Senate voted 13-6 on Tuesday to pass a bill that would apply both a carrot and a stick for local governments to encourage the construction and maintenance of developments. https:://www.ktoo.org/2023/04/12/alaska-senate-passes-bill-to-allow-municipal-blight- tax-property-tax-exemptions/ P.O. Box 110190,Anchorage,AK 99511 423 Seward Street,Juneau,AK 99801 19 Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Thank you to City Council for approving Resolution 2023-0035 which provided the City Manager authorization to approve R&M Engineering Task Order 2734.25.03. Following this approval, we have continued to work on the facility design. Our goal is to complete the 35% design by the end of June. Once this work is completed, City Administration will bring back a project update to City Council, which will include a cost estimate. We will continue to work with our Federal Lobbyist on obtaining Federal Funding through Congressionally Designated Spending (CDS) with the goal of 75% funding for the project. Voter approval will be needed at some point in the future to obtain bond approval, possibly on the October ballot or a future Special Election. Attached is a copy of the current project schedule. ➢ 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. We will continue to work on this project with the goal of completion by December of 2023. ➢ City Administration met with Borough Mayor Micciche on April 11 and discussed the various projects underway in Seward. This was a great opportunity to spend some quality time discussing Seward with the Mayor. ➢ The Community Development Director and Assistant City Manager met with Aaron Hughes in Planning at the Kenai Peninsula Borough on April 12t" to continue discussions on improving housing in the greater Seward area. ➢ On April 19t", we hosted the Navy Commander and his staff and visited the Harbor and SMIC. This was a great opportunity to showcase Seward to the Navy Commander and discuss Navy operations in our area. Thanks again to Mayor McClure and the Deputy Harbormaster for participating in this tour. 20 GovHR Finance Director .lob Post Update April 12, 2023 HR Manager spoke with Laurie Pederson from GovHR regarding advertising for a Finance Director. Laurie stated we can post directly on the GovHR job site which will add the position to their Career Center, the city will be added to GovHR social media and their email blast to cover over 7,000 job seekers. The cost is $100 for 30 days, $150 for 60 days, and since we are a current client, they are giving us a code for 50% off. Thank you, Tammy Nickell HR Manager 21 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 1 TOTAL: 9 6 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 2 TOTAL: 13 13 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 1 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 10 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 22 # 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 1 Seasonal - Summer Laborer Full-Time 1 1 TOTAL: 14 14 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 0 Curator 1 1 Library Aide 1 1 Seasonal - Aides 2 1 TOTAL: 7 5 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 23 # 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 24 City of Seward Department Activity Reports 25 Community Development Department Jason Bickling Director Notes: ➢ Courtney recently attended the National American Planning Association Conference in Philadelphia. She said that it was an excellent conference with lots of learning and things we can look at implementing. She said that it also gave some good perspective and confirmed that we are doing some things well and moving in the right direction. a She will be giving a report to the P&Z Commission at an upcoming meeting. ➢ We met with the Borough Mayor Micciche, Planning Director Rob Ruffner, Land Management Director Marcus Mueller, and Agent Aaron Hughes to continue our collaborative conversations around housing issues that we are facing and how we can look to get as much developable land in play to help in that effort. We also discussed many of the barriers to development including training, labor, supply costs, and interest rates. ➢ 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) ➢ 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. ➢ 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. ➢ We have been working on the new Free Summer Shuttle sign development. Currently the signs are small and just say "Shuttle Stop" with no map or 26 information. The new signs (below) are much more informative both for navigation and also include Tsunami Safety. SEWARD SHUTTLE STOP � 1 CRUISE TERMIN CRUISE SH I P TERM I NAL RESURRI CTI011 BAY 1RAIURSEWARD DOCKBOAT HARBORATERFRONT PARK&PLAYGROUNDSEWARD CO 4 *1 R K R � - - 12 11 HISTORIC ,1 OWNTOWN I I 13 • 2 souTH 70 1D LOWELL POINT 5 6 7 9 &TONSINA/CAINES HEAD TRAILS 8 js�ianr'iNSEilina vaej I`TWOLAKES�` � PARK . b \\ MOUNT i+ 1 MARATHON HIKING TRAIL FREE SHUTTLE ROUTE STOPS 1. CRUISE SHIP TERMINAL....................Stops Here For Cruise Ship Passengers TH SQR CODE � O 2. RAILROAD DEPOT...............Baggage Storage,Boardwalk,Bike Rental,Restaurants sMnRTPHONE 3. SEWARD MILITARY RESORT.. . . . . . . . . . . . ... Regular Stops at 10 AM,2 PM &5 PM FUPTOEDAOTET 0, ° 4. VISITOR CENTER&CHAMBER OF COMMERCE..........Groceries,Visitor Information SHUTTLE INFO S. HARBOR- NORTH PARKING LOT..............North Parking Lot,Shops,Restaurants 6. HARBOR - SOUTH PARKING LOT .... ..... .. KEFJ Visitor Center, Mariners' Memorial .�E, 8. SENIOR&TEEN CENTERS...................Historic Downtown,Laundromat,Hospital CHAMBER 9. KAWABE PARK ..................Historic Downtown,Stores&Restaurants,Restrooms OF VIE CE 10. ALASKA SEALIFE CENTER..........Historic Downtown,Stores&Restaurants,Waterfront 11. SOUTH WATERFRONT PARK ..................Picnic Pavilion,Playground,Skate Park VOUAREINA O O TENTIAL TSUNAM 12. RESURRECTION CAM PG ROUND....U.S.Post Office,American Legion,Restrooms/Showers UNDATION ZONE. AN 8 CLICK THIS G 13. NORTH WATERFRONT PARK .............Ball Fields,Campgrounds,Park Bench Areas CODE FOR MOR p INFORMATION. 14. HARBORMASTER OFFICE ...............Harbor,Shops,Restaurants,Restrooms/Showers BUSES ARRIVE AROUND EVERY30MINUTES DAILYFROM10AMto7PM MAY THROUGHSEPTEMBER.STOPSARENOTTIMED. Electric System Director Rob Montgomery ➢ Electric Utility Special Election — Continued efforts to inform voters about the benefits of selling Seward's electric utility to HEA. Following are some highlights: o Week of April 3 ■ Speaking engagement — Seward Rotary ■ Speaking engagement — Seward Chamber of Commerce ■ Speaking engagement — Bear Creek residents ■ Speaking engagement — Moose Pass residents • HEA Drop-ins — Library &Alaska SeaLife Center ■ Mike Calhoon — Radio Interview w/ Chris Story o Week of April 10 • Townhall Summit — Gateway Hotel (April 12) ■ HEA Drop-ins —Alaska SeaLife Center (April 11) ■ Liz DeMoss— Radio Interview w/ Chris Story (April 11) ■ Keriann Baker/Rob Montgomery— Radio Interview KBBI (April 12) ■ Stephen Sowell — Seward Journal Op-Ed o Week of April 17 ■ Townhall Summit— Gateway Hotel (5:30 p.m. to 7:30 p.m., April 19) • HEA Drop-ins — Library &Alaska SeaLife Center (10 a.m. &4 p.m., April 18) ■ Speaking engagement —American Legion ➢ Field Engineer— Seward Electric is pleased to announce the hiring of Kari Boulden for its Field Engineer position. Kari is a Seward resident who previously worked for 11 years at TelAlaska/Fastwyre. ➢ Hilltop Project— Seward Electric personnel met with Cole Peterson and Joe Tougas on project design and to review the materials list for the upcoming Hilltop residential development project in Forest Acres, which gets underway this spring. 28 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. This involves reviewing old balances and beginning to send certain accounts to collections. 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 fieldwork with the auditors from Altman, Rogers & Co., has concluded. The audit went very smoothly and with only a couple of items remaining outstanding,we anticipate completing the process in a more timely manner than the last couple of years. 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. 29 ,r Fire & Building Department Fire Chief Clinton Crites 2023 TYD Statistical Information; Fire & Life Safety Inspections: 95 with 59 violations noted. We NEED volunteers, if you or Emergency Calls: 064 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. • Mark your calendars; Phoenix Chapter Fundraising Cruise May 27t"! • On April 5th, Seward Fire Department attended the AVTEC job fair and encouraged students to join the team! -------------- Individuals interested in keeping your home safe from fire should contact the Sew • • Fire Department CommunityReduction division for • • • about „ i 4 l �a �W f a u z y - . Become a Volunteer 1=irefighter or EMT Stop by the Seward Fire Department for more information 31 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; fishing vessels are going into the water for the season. ➢ We are continuing to train 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 will be open seven days a week starting May 7. ➢ We have hired two harbor aides for the summer season. ➢ The North East Harbor launch ramp project has been closed out. ➢ 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. ➢ The harbor is helping the parking department prepare the parking lots for striping. ➢ The harbormaster went to DC with the City Manager and Vice Mayor Osenga last week. 32 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: Thursday, April 27t"- Stuffed Animal Sleepover. Bring your child's stuffed animal for night at the library! Saturday, May 6 @ 1 pm-All Things Publishing for writers looking to get their books published. Movie @ 2 Starts-Tuesday, May 16 at 2 pm. Summer Reading Challenge Sign-ups have started. Come sign-up for a great summer reading challenge. Saturday Storytime: Join us for Story-time and an activity every Saturday at 11:00 a.m. Library hours Tuesday— Friday 9 a.m. —6 p.m. Saturdays 9 a.m. — 5 p.m. 33 servedMuseum Winter Hours Tuesday—Saturday -by appointment only We 6900 patrons forthe month of 1 We are currently taking passport appointments for new passports. The library does not do Please call 91 41: • make an appointment. ALL THINGS PUBLISHING Are you ready to take the next steps as a writer? SATU all Y, MAY 6TH 110 SEWARD COMMUNITY LIBRARY & MUSEUM Pleasejoin us to get some tips and tricks on how so. your writing published with Marguerite Buchanan! ,�, -� I MMMMMMMMI '► � � ../ `• � am,�unity Library& STUFFED ANIMAL � � SLEEPOVER Back by popular demand!Bring us your child's stuffed animal on Thursday,April 27th.Vour child's stuffed animal will sleepover at the library!During the sleepover we will document the stuffed animals night by taking pictures.Come pick up your child's stuffed anima!on Saturday,April 29th along with a picture book of their night.This time your child's stuffed animal will be spending two nights with the librarians! What to bring:l stuffed animal labeled with your first and last name per child Dates:4�27-4�29 got ' Where:Front Desk Upstairs 1E� Parks & Recreation • Welcome to David Smith, our new Campground Coordinator! David is a long time Seward resident and brings a wealth of local knowledge to the position. We're grateful to have him join the team! • Congratulations to Russ White who has been promoted from Recreation Assistant to the Program Coordinator role. Russ has been working with Parks & Rec since December and has been instrumental in helping rebuild our community programs and presence at AVTEC gym. • Currently recruiting for the following seasonal & FT/YR positions: 0 Sports & Rec Assistant, Sports & Rec Program Aides, Campground Attendants, Park Maintenance Workers, Campground & Park Maintenance Aides, Gardener& Parking Attendants. • Maintenance: o Chemical/material inventory and SDS binder updates for all sites. o Shower House deep clean, painting & ballast repair. o Gardner water truck pump repaired. o Public Works plowing of Marathon Campground in prep for Kite Festival-many thanks! o Summer equipment maintenance & repair work. o Initiated move in to old animal shelter extension site for seasonal equipment storage and repair. • Campgrounds: 0 Campspot online reservation platform crash cleanup ongoing. Over 1,200 transactions affected on opening day 4/3. As of re-opening day 4/14, 70% of those have been resolved. Campspot continues to work closely with SPR& Finance to resolve issues with daily status update meetings and reporting and by encouraging patrons to utilize the dedicated email Seward-reservation s(a cam pspot.com to relieve pressure from our limited and very new staff. 0 70 New picnic tables completed and distributed. 0 Seasonal training prep including updated training tools, guidance binders and training schedules. 0 Initial supply orders complete and stocked. • Parking: o T2 systems training and equipment status/maintenance checks. o Sole source submission for North, South, Center &South Boat lot striping. o Coordination with Harbor for pre-season parking lot sweep-many thanks! o Public Works clearing lots of late snow-many thanks! Snorts& 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 RC Car Race Family membership (2 adults, and any youth 6-17): $350 12 punch passes: $40 6 punch passes: $20 Daily Activities: Tuesday: Open Gym: 10-6pm Senior Walking Hour: 11-12pm Craft Night (multi-purpose room): 6-8pm AVTEC organized activity: 6-8pm (public welcome to join) 35 Wednesday: Senior Walking Hour: 11-12pm Open Pickle Ball: 6-8pm Cribbage Meet Up: (multi-purpose room): 6-8pm Thursday: Senior Walking Hour: 11-12pm Youth Gym: 12-1pm Open Basketball: 6-8pm Friday: Senior Walking hour: 12-1pm Youth Open Gym: 3-5pm Open Volleyball: 6-8pm Saturday: Open Rock Wall: 2-4pm Adult Rock Wall: 4-5pm *AVTEC Gym will be closed Saturdays for the summer beginning in May. Check out our upcoming Saturday events below! AVTEC/Sports& Rec Gym Patron Usage: March Total#: 1712 Ongoing Leagues&Activities: Competitive Co-ed Volleyball league will wrap up with the 6-team league tourney on Wednesday, April 19t". League standings can be found at Seward.recdesk.com Upcominq Leagues, Events &Activities: April 14th: Closed for Health Fair setup April 15th: Rockwall for the Health Fair 8am-12pm (closed the rest of day) April 22nd: Kite Festival 10 am - 4 pm (Marathon Campground) April 29th: Indoor Yard Games 6-8pm May 6th: Super Saturday Cleanup & Bike Rodeo 10 am - 12 pm May 13th: Pink Cheeks Triathlon 10 am May 21st: Exit Glacier Race 10 am Kids Night Sports& Rec Happenings Summer is upon us and things are slowing down at the AVTEC Gym; slightly. We wrapped up a successful Urbach's Youth Basketball League last weekend with 67 members participating from ages 4-13.The Competitive Volleyball League has its playoff tournament this Wednesday to see who will claim the crown of Seward's best coed adult volleyball team!Team Crow led the league and will enter the tournament as the 1 seed with a 9-1 record! We had our last skate night for the spring as we celebrated Easter with a visit from the Easter bunny, lots of eggs handed out and 90 roller skaters enjoying a slow cruise around the gym. Seven youth,ages 6-12, tested their finger dexterity in an RC Car Race for the ages on April 7th,while one participant brought in specialized cars that made great play for the kids.And Kids Night was a smashing success with 30 kids enjoying active gym games as well as crafts and a movie on Saturday April 1st. Although things are slowing down at the gym,event season is upon us. Coming up we have the Kite Festival on Saturday April 22nd,Super Saturday/Bike Rodeo on May 6th, Pink Cheeks Triathlon on May 13th,and Exit Glacier 5K& 10K on May 21st.We implore you to volunteer for the Pink Cheeks Triathlon and Exit Glacier Run!These events would not be possible without great support from community volunteers! mr� Our most pressing needs are road volunteers at _, - intersections for the bike portion of the Pink Cheeks Triathlon and lap counters in the pool for the triathlon! Let's all get together and enjoy this annual - community event! -Cheers, Russ White r ,4 S UYBL Lil' Dribblers 36 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. • 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! ➢ City Shop The work orders are piling up. We are putting as much staff as possible to get the work done. We are also gearing up for tire change swaps to get the studs off as soon as the weather allows. 37 ➢ Water &Wastewater Department -Some construction is already starting this season. The locate requests are coming in steadily. -Inspections on utilities at the Dunham Drive subdivision. -Monthly testing of water and wastewater systems is being done and submitted to DEC as required by the permits. ➢ Wastewater Lagoon: • -Continuing Blower maintenance at Lowell Point. And getting ready for the influx of people during the summer season. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ -A repeating reminder to all residents not to flush wipes,feminine products, etc. clown 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. 38 City Clerk Report April 24, 2023 Training Highlight: Using the Consent Agenda to Everyone's Advantage Putting items on the consent agenda for approval is an efficient method for handling the people's business and certainly helps to keep council meetings moving along. Items that go on consent are those that are "considered routine" or"non-controversial". Using the consent agenda to dispense with business quickly is both permissible by Seward City Code (Title 2) and encouraged under Robert's Rules. The approval of the agenda and consent agenda come early in the meeting,but it happens so perfunctorily that sometimes the public sees it as a blur. To help citizens understand the business better, council members may consider having discussions about consent items while the motion to approve the agenda is on the floor. When appropriate, having a discussion about items on the consent agenda can be a good way to communicate to the public information about an item of business that a council member may feel would be beneficial to explain. Remember, items intended to remain on the consent agenda can be discussed,but not altered; remove the item from consent if action (like making an amendment) is desired. While the approval of the agenda is on the floor, council may ask questions about items or may take advantage of the moment to share information or knowledge that they have about a particular item. Sharing information or knowledge about consent items is beneficial for the public's understanding of the business at hand, lends itself to a more transparent and public process, and relieves council of any concerns they may have relating to ex parte conversations. So it's a win all around! Additional training materials and information are available at the city clerk's office. 39 Seward City Code Recodification Project Legislative History Title Status Ordinance Enacted 1 General Provisions Completed 2022-010 8/22/22 2 Administration Completed 2023-002 2/13/23 3 Personnel Completed 2022-006 3/14/22 4 Elections Completed 2022-017 1/9/23 5 Revenue and Finance Completed 2023-005 3/13/23 6 Purchasing,Contracts and Final draft with finance for review/creation of a new section Professional Services for credit cards(1/17);held backfrom introduction on 4124 (4117) by city m r 7 Public Property Completed 2023-008 4/10/2023 8 Business Regulations and Section 8.15 to Comm Dev for incorporation into Title 15 Licensing 3114 ; Title 8 and Title 15 will go to council simultaneous) 9 Health and Safety Introduction April 24;enactment May 8 2023-010 10 Public Peace,Morals and Introduction April 24;enactment May 8 2023-011 Welfare 11 Vehicles and Traffic Final draft to P-P, PW.for review(3115); Title 11 will go to council in coordination with updating Title I in a standalone ordinance 12 Buildings and Construction Draft of 2018 updates suspended; underway with bringing in 2021 code 13 Streets and Public Improve ents 14 Utilities 15 Planning and Land Use Title 15 is with Comm Dev; Title 15 and Title 8 will go to Regulations council simultaneous) 16 Subdivisions Note: The following Titles will be coordinated so they're brought forward together: Title 8 + Title 15 Title 11 + Title 1 Respectfully submitted, Brenda J. Ballou, MMC City Clerk 40 City of Seward,Alaska SPECIAL MUNICIPAL ELECTION May 2,2023 The special election is for registered voters inside city limits only. Absentee hi Person Voting • Vote from Monday, April 171h through Monday, May 1st in City Clerk's office • Voting hours are Monday-Friday from 8:00 a.m. to 5:00 p.m. • Please bring an ID Absentee By Mail Voting • In order to vote by mail, you must submit an application to the City Clerk • Apply now through Tuesday, April 251h at 5:00 p.m. (cannot apply after this deadline) • Returning ballots: - If postmarked, the postmark must be no later than May 2nd - If not postmarked, any ballots returned by mail must be received by the City Clerk no later than 1:00 p.m. on May 4th when the Canvass Board meets - It is acceptable to hand deliver by mail ballots to the city clerk rather than mailing them Special Needs Voting • Available to any qualified voter who cannot make it to City Hall. • Ask a friend to be your personal representative and bring the ballot to you. Your personal representative must appear at the city clerk's office between April 17, 2023 through Monday,May 1, 2023, or at the polling location on Election Day on May 2, 2023. • Ask the City Clerk to bring you a ballot. The clerk will provide this service to any voter upon request. Please call us at 907-224-4046 or 907-224-2045. Election Day • Tuesday, May 2nd from 7:00 a.m. to 8:00 p.m. in Council Chambers • Please bring an ID Canvass Board • Meets Thursday, May 4, 2023 at 1:00 p.m. in Council Chambers (Open to the public) Certification of Election • Monday, May 8, 2023 at the City Council meeting 41 ti ENTRANCE GO PET'RO KING LCsr FIRE HALL ► ;�.".'" MARINE ,•w�� PARKING LOT ALLEY ALLEY a ENTRANCE 51h AVE GYM ;, PARKING LOT PARKING LOT 6 CITY HALL T y y ENTRANCE ABSENTEE VOTING PERIMETER RESTRICTION ANNEX RAY BUILDING No Campaigning 8:00 a.m.—5-00 P.M. Monday-Friday ALLEY ALLEY Per A515,15.170 No campaigning allowed while the polls are open throughout Absentee In Person voting and on Election Day. 42 Memorandum e Date: April 24, 2023 To: City Council Through: Clare Sullivan, Planning and Zoning Commission Chair From: Jason Bickling, Community Development Director RE: Planning and Zoning Quarterly Report During the months of January through April 2023, the Planning and Zoning Commission had 9 scheduled meetings. Vice Chair Vanessa Verhey and Commissioner Victoria Monaco's terms ended in February but were each appointed for another 3-year term on the Planning and Zoning Commission by the City Council. At the April 4tn regular meeting, Clare Sullivan was reelected as the Chair and Vanessa Verhey was reelected as the Vice Chair. Plannina and Zonina Scheduled Meetinas: January loth— Regular meeting (Res 2022-027 (postponed from November 8, 2022); Res 2023- 001; Res 2023-002; Res 2023-003) January 24th — Work session February 7th — Regular meeting (Res 2023-004; Res 2023-005) February 21s' — Work session: canceled for lack of quorum March 7th — Regular meeting: canceled for lack of quorum March 14th — Rescheduled regular meeting: canceled for lack of quorum March 20th — Joint Work session with the Seward Bear Creek Flood Service Area Board April 4th — Regular meeting (Res 2023-006; Res 2023-007; Res 2023-008; Res 2023-009; Res 2023-010) April 18th — Work session 43 Actions taken by the Planning and Zoning Commission: Three (3) preliminary replats were reviewed and approved. Two (2) Conditional Use permits were reviewed. One (1) Rezone application was reviewed and approved. One (1) code amendment recommendation was reviewed and approved. Three (3) plan recommendations were reviewed and approved. Listed below is a summary of the Resolutions that were reviewed and a oroveaf at the Planning and Zoning meetings. Resolution 2022-027, Amending Portions of Seward City Code; 15.25 Floodplain Management, Adopting Recommended Language and Regulations from the Federal Emergency Management Agency (FEMA) Resolution 2023-001, Preliminary Replat of Gateway Subdivision, Addition No. 2, Tracts C4, C5, C6 &C7,Tract C-4; Located at 2104 Olympia Road, Creating Gateway Subdivision, Hilltop Addition, Lots 1-3 & 8-72, Block 6 & Lots 17-35, Block 4 Resolution 2023-002, Rezone Gateway Subdivision, Hilltop Addition Lots 32-48, Block 6 & Lots 31-35, Block 4 from Single-Family Residential (R1) Zoning District to Two-Family Residential (R2) Zoning District; and to rezone Lots 17-30, Block 4 from Single-Family Residential (R1) Zoning District to Multi-Family (R3) Zoning District Resolution 2023-003, Preliminary Replat of Jesse Lee Heights Subdivision, Lot 6 &7, Block 1; Located at 206 & 208 Great Bear Circle; Moving the Interior Lot Line Further to the East to Resolve a Shed Encroachment Issue; Creating Jesse Lee Heights Great Bear Addition, Lots 6A & 7A, Block 1 Resolution 2023-004, Review the Comprehensive Plan in a Public Hearing and Begin Gathering Public Input for Future Updates Resolution 2023-005, Recommending City Council Approval of the Planning and Zoning Commission Priorities for January 2023 to January 2024 Resolution 2023-006, Preliminary Replat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), Unsubdivided Remainder of Block 6, Physical Location 110 Olga Street, Creating Two Lots; Lots 4 & 5, Block 6, Fourth of July Creek Subdivision SMIC, Duchess Replat Resolution 2023-007, Update Municipal Lands Plan Regarding Use and Access of Spring Creek Campground 44 Resolution 2023-008, Update Municipal Lands Plan Regarding Use and Access of Fourth of July Beach Resolution 2023-009, Granting a Conditional Use Permit to John Wisel to Construct a Mixed-Use Commercial Building with more than Two Apartments at 213 Fifth Ave Resolution 2023-010, Granting a Conditional Use Permit to Colaska Inc, dba QAP to Extract Gravel from Portions of the Resurrection River Located on the North Boundary of the City Limits West pf the Seward Highway Work Sessions: On January 24, 2023 the Planning and Zoning Commission held a work session to discuss the future access and use of the Spring Creek Campground and Fourth of July Beach. On March 20, 2023 the Planning and Zoning Commission held a joint work session with the Seward Bear Creek Flood Service Area Board to discuss beach restoration for the Seward waterfront. On April 18, 2023, the Planning and Zoning Commission held a work session to discuss code amendments for lot frontage requirements, long-term rental definition, regulations around bunkhouses and dormitories, and awnings. 45 J.5 4mcil Bus,nuss Adirim;i!,ulior ALASKA SBAI SBDCYOE" SJltq;( fll-'sWPN.5 RVIOIIeCV Alaska Si-nall Busilicss Dex"clopment ('enter UN IV E RSI*J*17,f,--X 1,AS 11"AA N( I[M-WE FY23 ANNUAL REPORT CLIFF COCHRAN, MBA KENAI PENINSULA CENTER DIRECTOR WON ALASKA SBDC ALASKA SBDC OVERVIEW • What We Provide • No-cost, confidential business advising • Low-cost business workshops and webinars • Online resources and business tools Alx,k.1 val lilt ills" mti ,y " We grow small iness wv '^war, ALA5KA SBDC BUSINESS ADVISING • Seward Topics (2022) Hours % 1 . Startup Assistance 158. 1 26. 1 2. Financing/Capital 124.2 20.5 3. Business Planning 33.0 5.4 4. Buy/Sell Business 30.9 5. 1 5. Managing a Business 30.6 5.0 7, `� ALA5KA SBDC BUSINESS ADVISING • Seward Industries (2022) Hours % 1 . Food Service 115.4 19.0 2. Accommodation 107.4 17.7 3. Services 75.6 12.5 4. Tour Operators 67.4 11 . 1 5. Retailers 45.6 7.5 "A rising tide lifts all boats" 49 Q„ , ALA5KA SBDC WORKSHOPS • Over 80 Topics Include • Starting a Business • Bookkeeping Basics • LLCs in Alaska ON-DEMAND How to Get a Business License in Alaska PRESENTED BY '� U ALA5KA SBDC RESOURCES • Proprietary Tools • Financial projection models • Business plan documents • Focused industry toolkits • Business valuation guide • Small business FAQs Financial Ratio Analysis Ratio Formula Year One Year Two YearTh r— Industry(NAICS):722515 signiif—e vvv vV viJt n (91I`i Liquidity for—y Current Ratio = Current Liabilities 0.79 2A4 282 275 f�sffes fhe company has 51.50 In�raresnt�assafs wth which m psy. Qulck Ratlo )Cash+A—u.t.Recei—blei 0.38 1A1 1.96 1.&7 Measures kgodrty'Ar Mof 1.50 means that for eveT$1 ofeturent (Acid Test)' Current Liabi.Vitwe frabHi—,fhe company has$1.50 in cash anti AR with which to pay. Safety Debt�tpquity _ TOTWL bil s 2.17 0.51 0.34 2.81 Ahe companyowasf$0 5tor rseditars—thatfareuey$1ofeoty, otal Equity Interest Earnings Mtore Interest 449 1"g�2fi 3598 495 heatbmpsans 11h A1$tio of 15—&lb e—y$1 ofintemsto d, Coverage Ratlo Interest Expense ALASKA SBDC RESOURCES • IBISWorld Subscription • 700+ industry reports • Updated 6-12 months '77 i- iK • $995 value each lb " ,......................... • ProfitCents Subscription • 1 ,400+ industry benchmarks !3'20 • Ratio analysis and business valuation capabilities • $2,750 value each 52 ALA5KA SBDC RESULTS • Seward Business Advisor Metrics (2022) • Client Hours 606. 1 • Total Clients 96 • New Businesses Started/Bought 13 • Jobs Supported 423 • Capital Infusion $4.62 million • Client Survey Responses 100% positive FY22 KellyAnn Cavaretta Scorecard 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Total Client Hours 121% Advising Hours 110% Administrative Hours 179% Total Clients Counseled 155% New Businesses 150% Jobs Supported 183% Capital Infusion 415% m..,.`1. .,..,.., SBA Success Stories _ 100% ALAsKA RESULTS SBDC "We met with KellyAnn, who was extremely helpful in not only providing answers to the initial questions we had, but gave us a lot of useful information and general direction in the additional steps we needed to take." - Travis Enter "KellyAnn was very knowledgeable, approachable and encouraging. Grateful for the information she provided." - Margaret Schatz "KellyAnn was pivotal to helping us establish a relationship with a local banker and begin the application process for financing to expand our business. I am continually amazed by the tools available to small businesses through the Alaska SBDC. Thank you!" - Charity Lehman "KellyAnn helped me with her knowledge and professionalism in giving me all the tools and requirements to help me start a successful business." - Brandon Young "KellyAnn was super helpful and patient with me. I got exactly what I wanted from our meeting which was wonderful!" - Savannah Fackler "Surprisingly helpful and informative. We are eager to see how the resources that the SBDC have can help us in the future as we expand our business." -Jonah Swiderski "KellyAnn is very helpful, knowledgeable, and professional. It's really nice to have someone in our town to provide this resource instead of having to drive two hours to set up an in-person meeting. Thank you for being available." - Colin Brayton "KellyAnn was amazing! She took time before we even met to research our business and our industry, so that she could give pertinent information to us. I'm so happy that we have KellyAnn supporting our business and our community." -Jen Boyle 54 ALA5KA SBDC RESULTS Seward Metrics: Year-Over-Year Comparison Client Hours Capital Infusion New Businesses 2018 2019 2020 2021 2022 55 ALASKA RESULTS SBDC 2022 Seward Start Up Week 93 52 at attendees Ladies Who La,mich over 4 events Most attended in-person event outside of ►Anchorage for Alaska SuW 60 40 20 0 K� If 0 K 56 ALA5KA SBDC SUCCESS STORIES 5 e "Finding access to lending programs from KellyAnn, and hearing that our company can support this development, was the springboard we needed to take action on a big project that has been many years in the making. We are so grateful for the SBDC's support, both for us and for our business community here in Seward." - Trent Lafleur 57 Kayak Adventures Worldwide ALA5KA SBDC SUCCESS STORIES r "Working with KellyAnn helped me to not just look at my emotional side of growing my business, but to concentrate on how to responsibly grow my business. She helped me see things from an outsider's point of view. Having knowledgeable person walk with you each step of the way was so incredibly helpful. The communication was outstanding and felt she was apart of my team" - Heidi Sinclair 58 Seward Dog Lodge ALASKA SBDC THANK YOU Cliff Cochran, MBA Kenai Peninsula Center Director cliff.cochran@aksbdc.org KellyAnn Cavaretta Seward Small Business Advisor City of Seward,Alaska City Council Special Meeting Minutes March 28, 2023 Volume 42,Page CALL TO ORDER The March 28,2023 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure presiding and John Osenga Liz s& Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused—DeMoss Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING David Squires, inside the city, had studied the proposed map for the new public works facility and was concerned about the entrance off the Seward highway. He thought there could be trouble if a vehicle was turning into the driveway while another vehicle was trying to exit because it could create a bottleneck and result in an accident; he suggested having more separation between Chugachmiut's driveway and the public works driveway. He noted the facility would be fenced in, with two driveway entrances; the fire hydrant was located on Dimond, but would be outside the fence with no driveway access.To remedy this, Squires suggested eliminating the west entrance and creating a new entrance off Dimond. In addition, if the ladder truck was going to be stored in that facility,he wondered how quickly the gate would be opened to allow a fast response time. Leaving the gate open while a fire truck was on a call would diminish the security of fencing in the facility. Phil Kaluza, inside the city, had over 40 years of energy efficiency experience, and he wondered what energy efficiencies were being considered for the public works shop. He suggested the city establish a minimum standard for efficiencies of public buildings, facilities that the city would own and operate for decades to come. There were two national standards in which were defined efficiency levels for various regions around the country,and both sources provided detailed information on how to gain efficiencies. One was ASHRAE and the other was the International Energy Conservation Code. 60 City of Seward,Alaska City Council Special Meeting Minutes March 28, 2023 Volume 42,Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Calhoon) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. NEW BUSINESS Other New Business Committee of the Whole: Public Works Shop Project. Motion (Wells/Osenga) Go into Committee of the Whole for the Public Works Shop Project. Motion Passed Unanimous Council moved into Committee of the Whole at 5:39 p.m. Council came out of Committee of the Whole at 6:22 p.m. CITIZEN COMMENTS David Squires,inside the city, appreciated hearing that the fire hydrant would be inside the fence for the public works facility,but wanted to make sure the engineers knew that that hydrant was also required to be used for the commercial building outside the fence as well. The hydrant would have to serve both areas. Bruce Jaffa,outside the city,was glad this project was moving forward.He was on the Port &Commerce Advisory Board(PACAB)and the board had looked at the public works facility plans at the early stages. Jaffa was also a member of the PACAB Heat Loop Committee, and he saw this proj ect as being a ripe candidate for alternative energy.A ground source heat pump might be a good solution. In his own experience he knew how much heat loss there was when large doors were opened,however,he took advantage of two-stage doors where the large door opened only halfway to allow pick-up trucks through, but could be opened fully to allow large equipment access. This method helped mitigate heat loss. Jaffa appreciated the consideration to not over complicate the system. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS Barnwell liked the idea of considering a heat loop for this project. He recalled touring the 61 City of Seward,Alaska City Council Special Meeting Minutes March 28, 2023 Volume 42,Page city facilities when he joined council, and he could not believe how old the public works shop was. Wells appreciated R&M for their presentation and for responding to citizen comments. Finch concurred and thanked R&M for the presentation. Osenga thanked R&M; it was a pretty good presentation. He was excited to move forward with this project. McClure thanked R&M for their presentation. Moving the public works shop had been talked about for 40 years, and she was glad this was moving forward. ADJOURNMENT The meeting was adjourned at 6:28 p.m. Brenda Ballou Sue McClure City Clerk Mayor (City Seal) 62 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page CALL TO ORDER The March 28,2023 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding, and John Osenga Liz s& Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused—DeMoss Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bruce Jaffa,outside the city,was concerned about the stability of the leadership of the city; the city was about to lose its clerk and manager,there was no finance director,and there were many other vacant positions that were important to carry out the mission of the city. He respected the talents and effort of council members,and he thought council would have to step up even more into leadership roles to carry forth. The city needed to be united like never before;there was$500 million worth of projects coming and the city could not have revolving chairs for these important positions. There were excellent department heads who were doing a great job. Mary Tougas, inside the city, wanted to talk about the library. There was a staff shortage, including for maintenance staff,library staff had to clean the building at night,and often during the day when they were serving patrons. Tougas volunteered to clean the elevator the other day just to help out. The library staff should not be tasked with cleaning duties unless that was actually their job. Everyday maintenance was not being maintained adequately. Michael Brittain, inside the city, had submitted a letter of interest for the Prince William Sound Regional Citizens' Advisory Council(PWSRCAC). He was interested in serving and cared deeply about Seward and Alaska. 63 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Tim McDonald,inside the city, said 20 years ago net metering became a common industry practice,but it appeared Seward did not embrace it.He appreciated that HEA would be paying eight cents per kilowatt hour for excess power. He was concerned that the upcoming cruise ship season would be starting soon because cruise ships were an environmental hazard. Kyler Dow, outside the city,wanted to speak about the sale of the electric utility. He didn't think he was educated enough to have an opinion yet. He thought the community was privileged to have this council. Darryl Schaefermeyer, inside the city, asked council to convene a town hall meeting to allow the public to hear from HEA and ask questions.He was concerned that the sales agreement in the packet was only released a few days ago and was 240 pages long. He still hadn't seen or heard from council why they had chosen HEA. He had concerns over the finances of the deal being proposed. He had so many questions, too many to ask tonight in three minutes. He wanted to be convinced that this was the best deal for the community. Phil Kaluza, inside the city,had previously provided a rate comparison between HEA and Chugach Electric. In which he determined HEA rates to be higher than Chugach. Last year Hilcorp announced they were running out of natural gas from Cook Inlet and indicated that other sources would have to be considered.He was concerned that HEA's contract with Hilcorp would expire next year;he wondered what they would be doing.He believed HEA's generators were less efficient than Chugach's. Becky Dunn, inside the city, wondered why the meeting packet had to be so large. She couldn't keep up with everything. She supported the idea of having a public meeting for HEA. She was sorry that the city manager was leaving. Regarding net metering, she knew of one person who had received a check from the city for their excess energy. She was concerned that there were only cameras on the south side of city hall. Ristine Casagranda, inside the city,wondered why HEA had been selected. She had been partially involved in early discussions, but still had questions. She thought a 238 pages sales agreement was too huge. She didn't understand the purchase price, what went into it, and what impact on potential liability the city would have. She asked council to furnish the public with straight numbers and asked for more consumer education. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Wells/Osenga) Approval of Agenda and Consent Agenda McClure added a Borough Assembly Report to Special Orders, Presentations and Reports. Motion Passed Unanimous The clerk read the following approved consent agenda items: 64 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Approval of the March 13, 2023 City Council Special Meeting Minutes. Approval of the March 13, 2023 City Council Regular Meeting Minutes. Introduction of 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 tonight and will come for public hearing and enactment on April 10, 2023. Introduction of 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 tonight and will come for public hearing and enactment on April 10, 2023. Introduction of 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 tonight and will come for public hearing and enactment on April 10, 2023. Resolution 2023-032, Authorizing The City Manager To Purchase Electric Distribution Materials From Anixter Power Solutions To Ensure Adequate Inventory For The 2023 Construction Season For $286,123, Plus A 10 Percent Contingency, For A Not-To-Exceed Amount Of$314,735. Resolution 2023-0339 Authorizing The City Manager To Purchase From G&W Electric Company Seven Dielectric Reclosers For Installation In The Fort Raymond Substation In A Not-To-Exceed Amount Of$203,413. Resolution 2023-034,Authorizing The Kenai Peninsula Borough School District To Operate Campgrounds On The Seward School Properties In Order To Accommodate The Need For Overflow Camping On The 4tb Of July Holiday Weekend. Resolution 2023-035, Authorizing The City Manager To Execute R&M Engineering Task Order No. 2734.25.03, Completing The 35% Design Of A New Public Works Facility, And Appropriating Funds. Resolution 2023-036, Authorizing the City Manager to Reimburse Chugachmiut Regional Health Center for a Portion of a Sewer Line Realignment in the amount of$56,975, and Appropriating Funds. Resolution 2023-037,Approving The Lawful Action To Bring Suit Against A Non-Compliant Short-Term Rental At 2410 Maple And Appropriating Funds In An Amount Not To Exceed $10,000. Resolution 2023-0389 Accepting The Resignation Of City Clerk Brenda Ballou And Setting The Terms For Her Departure From City Employment. Action Memorandum 2023-004,Accepting The City Manager's Resignation,Effective May 10, 65 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page 2023. Non-objection to the renewal of liquor license 4822—Beverage Dispensary for Seasalt,Alaskan Bar & Grill. Non-objection to the renewal of liquor license#4915—Restaurant/Eating Place—Seasonal for Gulf of Alaska Food Court. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards —None City Manager Report. City Manager Janette Bower said, in addition to her report in the packet, she had been having discussions with the library director about maintenance needs; she was researching how to address repairs. Regarding Congressionally Designated Spending (CDS), she had been in contact with US Senator Lisa Murkowski's office and learned that the public works facility would qualify for USDA funding;there was no guarantee,but the project would qualify at least. In addition,there was one more funding opportunity relating to having a US Coast Guard Fast Response Cutter(FRC) in Seward. McClure asked for an update on the animal shelter. Police Chief Alan Nickell said the transition from the old shelter to the new shelter was complete.There were some items that were still in transition,but great progress had been made in the last couple of weeks. The shelter was open for surrenders and adoptions;please make an appointment by calling ahead. Within the next couple of weeks,the new shelter should be open to the public fully. There would be an open house scheduled, possibly in June. City Clerk Report. City Clerk Brenda Ballou drew attention to the schedule of key dates in the report for the upcoming special election. She reminded everyone that the voter registration deadline was this week, and absentee voting would begin April 17, 2023. City Attorney Report—None Other Reports and Announcements Borough Assembly Report. Borough Assembly Representative Cindy Ecklund reported the borough clerk would be adding new ADA-compliant election equipment. The Seward Bear Creek Flood Service Area manager position was upgraded from three-quarter time to full-time; Stephanie Presley had been the manager for many years but would be leaving soon. The assembly was addressing the disposal of abandoned vehicles within a ten-day period. The assembly had passed a resolution to request the 66 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page state increase the base student allocation for public schools. At the next assembly meeting, there would be a contract awarded to reconstruct and upgrade the Seward High School track. McClure wondered if there had been any discussion about resuming traveling assembly meetings. Ecklund said there had been some recent discussions,but nothing had been decided yet. Presentations Presentation by State Senator Gary Stevens and State Representative Louise Stutes. Lowell Canyon Diversion Tunnel Presentation by Jathan Garrett from the US Army Corps of Engineers (USACE). Council recessed the meeting at 8:17 p.m. Council resumed the meeting at 8:23 p.m. PUBLIC HEARINGS Ordinances for Enactment Ordinance 2023-006,Amending Seward City Code Title 2,Article 2—Seward Planning And Zoning Commission. This ordinance was introduced on March 13, 2023 and is coming tonight for public hearing and enactment. Motion (Osenga/Wells) Enact Ordinance 2023-006 Community Development Director Jason Bickling said this ordinance would include a requirement for commissioners to live in Seward year-round,and to have lived in Seward for at least one year before applying.In addition,there were some training requirements outlined and definitions for excused and unexcused absences. Notice ofthe public hearing beingposted and published as required by law was noted and the public hearing was opened. Darryl Schaefermeyer,inside the city,thought some of the language in the ordinance was confusing,particularly relating to residency. He didn't understand why the residency for one year wasn't simply to have lived inside the city for at least one year. He didn't believe there should be a higher standard for P&Z commissioners than for council members. No one else appeared and the public hearing was closed. Bickling said at the time of applying, a commissioner would have to be residing within the city limits,and must also have lived in the Seward area for at least one year. He added that a person could have lived in Seward or the surrounding area for at least one year in the past,moved away,and then could apply immediately when they returned if they resided inside city limits. 67 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2023-029,Determining It To Be In The Public Interest And Necessary To Proceed With The Proposed Improvement District For And Benefiting Lots 17,18,19,20,21,CR,CQ1, CQ2,CD,CFI,CF2,CG2,CP2,CGI,CPI,CO,CH,AX,AY,AZ,BA,BC1,BC2,BD1,BD2, BE I,And BE2 Of Forest Acres Subdivision For An Amount Not To Exceed Three Million, Nine Hundred Thousand, Six Hundred And Eleven Dollars ($3,900,611). Motion (Osenga/Wells) Approve Resolution 2023-029 Bower said an improvement district can be initiated by citizens,which was the case with this resolution. Sowell said he wanted to outline the project: there were 27 lots included in this district; the petition was submitted in December 2022; and, R&M had been requested to provide a survey and report. If council approved the resolution tonight, the next steps would include hiring a contractor to install the infrastructure. There were two plats that covered the scope of this project, one from 2006 and one from 1953. At this moment, 59% of the property owners had filed written protests against this proposal. Morgan Welch from R&M Consulting said R&M had prepared a feasibility study to outline the scope of the infrastructure development required.There would be 4,100 linear feet of water lines and 4,200 linear feet of sewer lines required,which added up to almost$3 million in cost to install. The remaining infrastructure of roadways and electric brought the project total up to $3.9 million. These figures were the engineer's estimate and not an actual bid. Welch said R&M had created four options for apportionment. Sowell said his recommendation would be to use method 2,which was based on a parcel square footage assessment which he believed was the fairest way to approach the assessment. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. Jaz Ohdner, inside the city, was one of the property owners; he owned two parcels. He stated that at the time he purchased the properties, he believed the seller should have been required to have the infrastructure installed,and suggested the property sales were not completely legal.This oversight appeared to have slipped through the cracks, and now all the property owners were stuck with paying for the infrastructure. He thought the city should have stopped the sale of these properties. Molly Ledford,inside the city,was a property owner;she owned one parcel. She signed the citizen petition in December,2022 and appreciated the thorough report provided in tonight's packet. The estimated cost was simply too high,especially on top of the cost of building construction costs. She, too, believed the land sale had been unlawful to begin with. She wondered, if the property owners could form a homeowner's association, if they could then apply for the developer reimbursement program; or, perhaps the congressionally designated spending could include this infrastructure improvement. She would appreciate it if the city would provide some subsidization. 68 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Cindy Ecklund, inside the city, recalled building a cabin in Woodland Hills in 1979 in which the city provided the electricity installation and allowed property owners to pay it back over time. She suggested council fail this resolution and then have another discussion about how to make this infrastructure feasible. Jenny Grischuck, outside the city, was a property owner; she owned one parcel. She requested council fail this resolution so that more creative solutions could be explored. Tim McDonald,inside the city,thought most of the property owners would be paying more for the infrastructure than they paid to purchase the lots. Bruce Jaffa, outside the city, said property and development were his favorite topics. He thought these property owners were speaking to current issues; it didn't seem fair that individual property owners couldn't get the same kind of benefit as a developer would have. There were some communities that allowed property owners to pay for the utility when they tied into it rather than up front. No one else appeared and the public hearing was closed. Bower said this project was currently on the city's legislative priorities. The CDS was currently closed, but this project could be added in the fall when it reopened. Sowell said he had expressed his concerns about the ineffectiveness of the infrastructure bill and said there was currently no money in the developer reimbursement program budget. McClure wished to find a solution to help the property owners. Motion Failed Unanimous UNFINISHED BUSINESS Action Memoranda Action Memorandum 2023-003,Appoint a citizen to serve as the city's representative on the Prince William Sound Regional Citizens Advisory Council with a term to expire May,2025. This item was postponed from March 13, 2023 and council extended the deadline for submitting letters of interest to 5:00 p.m.Friday, March 24, 2023. There was one letter of interest received from the city's current PWSRCAC representative Patrick Domitrovich on March 3 d and a second letter received from Mike Brittain on March I5th; both letters are included in the packet. There were no additional letters received by the city clerk. McClure verbally queried council for their preferences. By unanimous consent, council selected Mike Brittain to serve as the city's representative on PWSRCAC. NEW BUSINESS 69 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Resolutions Resolution 2023-039,Approving An Asset Purchase Agreement Between The City Of Seward And Homer Electric Association For The Sale Of The City Of Seward Electrical System, Subject To Voter Approval. Motion (Osenga/Wells) Approve Resolution 2023-039 City Attorney Brooks Chandler introduced Cody George as the newest attorney with his firm. Chandler was not taking a stance on this topic,but wished to provide educational information. The purchase price would be$25,250,000,with some adjustments.If the voters approved the sale in May, then the state commission would have to approve it before the sale would close, and that could take up to a year to happen. There were two bonds that would have to be paid off at closing, as well as some other liabilities;the total obligation was just over$19 million.However,there was apremium above book value that the city would receive of$1.1 million per year for ten years. In addition,HEA wished to lease office space from the city for$45,000 for up to 20 years.The net proceeds from the sale would be deposited into a trust fund, if approved by council, and then would become a budget line item. Electric Utility Manager Rob Montgomery said,in 2021,the electric department put$2.1 million into the general fund.If this sale did not go through,he projected that future deposits into the general fund would be diminished because the revenues would have to be used for infrastructure improvements. Chandler said the city would have to conduct a rate study; it was highly likely that utility customers would experience a rate increase whether the sale went through or not. Montgomery estimated between 12.5-13%rate increase; by 2027, the base rate increase from today could be as much as 25%. Chandler said there was a new opportunity for the city to lease property at Fort Raymond for HEA to use as a yard,immediately adjacent to the electric warehouse,in exchange for revenue from cruise ship. If the sale was approved by the voters,the state's Regulatory Commission Authority(RCA) would have to review and approve the rates;this process could take 12-18 months. Following RCA approval, the bonds would have to be paid off within 60 days. Montgomery said he had a third-party valuation of the Seward electric and had discovered that the HEA offer was in keeping with the valuation results. In response to Finch, Montgomery said in the 4t' quarter of 2023 or in the beginning of January 2024,the city would have to implement a base rate increase of 12.5-13%.Montgomery said in addition, there would be another 13-14% increase that would come after that. 70 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Calhoon asked for clarification on where the $3.2 million depreciation figure came from. Interim Finance Director MC Pehle said this was based on 2023/2024 assets being depreciated. Calhoon asked for clarification on the office space lease.Chandler confirmed the lease would be ten years with two five-year options to extend. In response to Calhoon,Montgomery said HEA opted not to purchase the pole yard at Mile 4 due to contamination issues. Motion to Amend (Calhoon/Finch) Amend Resolution 2023-039 by removing the yard lease and right of first refusal of Fort Raymond from the sales agreement. Calhoon didn't believe it was prudent to include a yard lease based on the potential for revenue from a revenue source that didn't yet exist. Wells said the city didn't know if there would ever be revenue from shore power to cruise ships,and the property in question could potentially be used for other purposes.He wondered if the remaining acreage at Fort Raymond would be enough to do something with.Bower said there could be enough space, but not for every idea; it wouldn't be enough space for a recreation center. McClure asked if the sales agreement would be finalized tonight or if it would come back to council again. Chandler said this resolution would be the final expression of the city's sales agreement and it would go back to HEA for consideration. Barnwell believed there was potential for greater shore power revenue than these projections suggested. He suggested that Motion to Amend Passed Unanimous Barnwell wondered what specific upgrades the electric infrastructure needed. Montgomery said the upgrades included the pole replacements along Nash Road,rebuilding and refurbishing all substations, and upgrading transmission lines from 69kV to 115kV. The $10 million revenue bond would go towards paying for Nash Road and two substations,but there would be a gap of$4 million that would have to come from the electric enterprise fund. Eventually the city would have to obtain another bond for approximately $8 million to finish the rest of the work, and even then, the city would still not have addressed cybersecurity concerns.If the sale did not get approved by the voters, Montgomery said he would have to completely restructure the electric utility, add staff, and reorganize the department. Main Motion Passed Unanimous Council recessed the meeting at 10:16 p.m. Council resumed the meeting at 10:22 p.m. 71 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Other New Business Non-objection to the renewal of marijuana license 417758—Retail Marijuana Store for The Tufted Puffin,LLC. Council Member Wells declared a potential conflict of interest because he owned The Tufted Puffin.Mayor McClure ruled that a conflict existed with no objection from council.Wells left the dais. Motion (Calhoon/Osenga) Non-objection to the renewal of marijuana license#17758—Retail Marijuana Store for The Tufted Puffin,LLC. Motion Passed Unanimous Wells returned to the dais. Discuss and formulate responses to the City of Obihiro's email regarding Sister City Anniversaries. McClure obtained a consensus from council that they wished to host a visiting delegation from Obihiro in August, 2023 and also wished to send a delegation from Seward to Obihiro in October, 2023. McClure would not be able to travel to Obihiro,but Wells and Barnwell wanted to go. Wells offered to block out his lodging business for the Japanese delegation to stay; the accommodations slept six people. Council was undecided about whether they wished to organize an anniversary celebration. City Council discussion and direction concerning the appointment of an Interim City Manager and the City Manager hiring process. Motion (Wells/Finch) Direct the Human Resources manager to hire GovHR to search for a new city manager. Motion Passed Unanimous Motion (Wells/Calhoon) Postpone the discussion about hiring an Interim City Manager until April 10,2023. Motion Passed Unanimous Council requested the Human Resources manager reach out to the Alaska Municipal League(AML) to research if there were any interim city manager candidates available. Discuss and determine the city clerk hiring process. 72 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Motion (McClure/Wells) Advertise the city clerk position vacancy in- house for five days with a deadline of April 4, 2023. Motion Passed Unanimous Motion (McClure/Wells) Schedule a special meeting on April 6,2023 at 12:00 p.m. to review the applications from internal candidates. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Boards and Commissions Minutes Planning& Zoning Commission—None Port& Commerce Advisory Board—January 4, 2023; February 1, 2023; and February 15, 2023 Historic Preservation Commission—None CITIZEN COMMENTS Bruce Jaffa, outside the city, was pleased with council's work tonight; he thought council showed leadership tonight and made some tough decisions. The information provided tonight about the HEA sale was helpful,but there was a lot of work still to do for the public to understand.He was invited to attend and speak at career day at the Seward High School and had enjoyed his participation. Motion (McClure/Osenga) Extend the council meeting to midnight. Motion Passed Yes: Barnwell, Calhoon, Osenga,Wells, McClure No: Finch Tim McDonald, inside the city, thought council needed to focus on the big stuff and stop focusing on the minutiae.If the war in Europe kept going,he thought it could impact Seward's port. He wished there was a limit on the number of cruise ships allowed, and suggested maximum of 60 ships per year. He was concerned about the environmental impact of cruise ships. Megs Testramata, inside the city,was very confused about the electric sale; she thought it was rushed. She didn't understand the comparison between HEA and Chugach;she suggested atask force be created to help citizens understand the options. She wasn't convinced that selling the utility was a solution to overcome deferred maintenance. She had experience working in the renewable energy field and wanted to have more information before she voted. 73 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Darryl Schaefermeyer,inside the city,thought the general fund contribution information in tonight's presentation needed more explanation. He said council had a duty to understand and explain what the impact was going to be on the people. He said the city would be having to conduct a rate study, and then HEA would freeze those rates for three years; the rates, according to the electric manager,were expected to rise between 12-15%in the first year. He wished the city would freeze the current electric rates; that would be beneficial to the citizens. On a separate note, Schaefermeyer encouraged council to look seriously at geothermal heating for the new public works facility;the city could be talking with the borough about putting geothermal in at Fort Raymond so that the borough school district would be able to tap into the same set up to heat and cool all three schools plus the pool. Ristine Casagranda,inside the city,was also confused about many aspects of the HEA sale, including how the general fund contribution was outlined. Seward was the only community on the Railbelt where the small businesses paid more than residents; as a small business owner she was happy to learn that the residential and small business rates would be adjusted.She hoped there would be more opportunities for citizens to receive more education about this sale. David Squires, inside the city,recalled the last exchange of a delegation from Obihiro and he had thoroughly enjoyed it. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower said now that council had made the decision to approve the HEA sales agreement,the city could release more information to the public. Finch thanked R&M and USACE for their presentations. He commiserated with the Forest Acres property owners and looked forward to finding a solution. Barnwell thought the Lowell Canyon Diversion Tunnel presentation was fascinating,as was the HEA presentation. He reminded people that HEA was hosting a lot of community meetings.He had enjoyed working with the city manager and the city clerk and was sad to see them resign, but wished them well. Calhoon thought all the presentations tonight were great. He was pleased to see the animal shelter up and running. Regarding the sales agreement with HEA, he knew it wouldn't make everyone happy,but he felt strongly that this was the right decision. He said HEA was planning to host some big town hall meetings;he encouraged citizens to pose all their questions to HEA because they would answer them. Wells was excited about the animal shelter.He reminded everyone to file for their Permanent Fund Dividend. He was excited about the high school track project. He had been doing some research on the hydro project and on the Lowell Point Sewer Lagoon; he was happy to take email questions from citizens about either item. 74 City of Seward,Alaska City Council Meeting Minutes March 28, 2023 Volume 42, Page Osenga thanked Senator Stevens and Representative Stutes.He was a member of the Seward Community Band and there would be a free concert on April 4,2023. He wished everyone a Happy Easter. McClure appreciated the public participation tonight. She was confident in her understanding of the HEA sale and sales agreement. EXECUTIVE SESSION—None ADJOURNMENT The meeting was adjourned at 11:25 p.m. Brenda Ballou, MMC Sue McClure City Clerk Mayor (City Seal) 75 City of Seward,Alaska City Council Special Meeting Minutes April 6, 2023 Volume 42, Page CALL TO ORDER The April 6, 2023 special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor McClure. OPENING CEREMONY Assistant City Manager Stephen Sowell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding, and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Stephen Sowell, Assistant City Manager Kris Peck, Acting City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Wells) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. Other New Business Review the applications received by Human Resources for the City Clerk position resulting from the internal job posting. One application was received from the internal posting: Kris Peck 76 City of Seward,Alaska City Council Special Meeting Minutes April 6, 2023 Volume 42, Page Calhoon felt the job posting should go out to the general public in order to review all applicants who might be interested. Finch concurred. DeMoss said, in her experience of hiring people and retaining employees, she had much more success when she promoted an employee from within rather than hiring an unknown person who looked better on paper. Motion (McClure/Wells) Appoint Kris Peck as City Clerk. Motion Passed Yes: Wells, Barnwell, DeMoss, Osenga, McClure No: Calhoon,Finch Council appointed a negotiating team consisting of McClure,DeMoss, Osenga, and HR Director Tammy Nickell to meet with Peck and negotiate a contract. CITIZEN COMMENTS Dwayne Atwood,inside city limits,said he had worked with Peck in three capacities which included the City of Seward Parking Department, the Alaska Railroad and most recently with the Port and Commerce Advisory Board. Peck's intelligence and dedication were without question. Atwood thought council made a good choice today. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS Sowell said the main attributes that administration needed from the city clerk was someone who was collaborative, communicative, and positive. Peck was definitely all of those things. Finch said he was concerned about Peck's lack of experience, however believed Peck had the abilities. Finch offered his congratulations to Peck. Barnwell said he had known Peck for years and felt he was an intelligent and thorough thinker. Barnwell was excited to work with Peck. Calhoon still felt advertising the position for an additional 30 days would have provided peace of mind even if council arrived at the same conclusion. Calhoon congratulated Peck. Wells congratulated Peck and looked forward to working with him. DeMoss said working with Peck had been a very positive experience and she offered her congratulations. DeMoss felt confident that council would support Peck in his new role. Osenga offered his congratulations and thanked Peck for stepping up and applying. He thought Peck would do a fine job. 77 City of Seward,Alaska City Council Special Meeting Minutes April 6, 2023 Volume 42, Page McClure offered congratulations to Peck and looked forward to working with him in the future. On another topic,McClure wanted to mention the Gateway Hotel would be hosting town hall meetings with Homer Electric Association on April 12, 2023 and April 19, 2023. EXECUTIVE SESSION There was no executive session. ADJOURNMENT The meeting was adjourned at 12:33 p.m. Kris Peck Sue McClure Acting City Clerk Mayor (City Seal) 78 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page CALL TO ORDER The April 10, 2023 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure,presiding, and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Kris Peck, Deputy City Clerk Sam Severin, City Attorney (Telephonically) Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Leslie Jacoby,outside the city,supported the increase of Base Student Allocations(BSA)for public schools.Jacoby advocated for the high school pool,in particular,and represented the Tsunami Swim Club. Jacoby's daughter was a recent Seward High School graduate and Olympic swimming champion. The closure of the pool would hurt the Seward's youth,seniors,and all other community members. There was a large variety of pool users within community which ranged from physical therapy to kayak guide practice. For children,Alaskan drowning rates were among the highest in the nation and the pool was essential for swimming lessons. Jacoby urged council to please help the school district keep the pool. Mark Fraad,inside the city,was the Physical Education teacher at the Seward High School. Fraad had never seen the school funding in such dire straits as it was now. It was difficult to attract teachers with the current lack of benefits. The BSA was the lowest it had been in 20 years when adjusted for inflation. Fraad urged for substantial increase to the BSA. Mica Van Buskirk, inside the city limits, said the lack of increase to the BSA since 2017 had led to drastic cuts in teachers and programs. These budget cuts had eliminated the art program, 79 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page the music program, and more teacher positions were being eliminated. Without an increase to the BSA, Seward's only pool would be closed indefinitely.Van Buskirk supported the Resolution 2023- 043 to help retain teachers and programs.Additionally, she requested the Student Resource Officer position be reinstated in the school. Heather Bardarson,outside the city,recalled that during her time at Seward High School, she had more resources than what were available today. She was disappointed to see the lack of opportunities available to her own children.Bardarson's children had excelled on the Tsunami Swim Club and closing the pool would be a huge blow to the community.The current lack of art and music classes was also very discouraging. Rissie Casagranda,inside city limits,spoke in support of Resolution 2023-043.It was really tough to lose arts and music programs. Casagranda's son was in the Tsunami Swim Club and it would be devastating to lose the pool. Cindy Ecklund,inside city limits,encouraged everyone to support Resolution 2023-043 and contact state senators and ask for the increase to the BSA.Ecklund would working with the borough assembly to keep major things in the budget that were so important to the community. As a strong supporter of the arts, it was sad to learn Seward was on the verge of losing the theatre as well. In a community surrounded by water, the pool was essential for learning how to swim. The most important thing to the Kenai Peninsula Borough should be the safety of citizens. Benjamin Pister,outside city limits,wanted to find ways to keep the pool funded and open for the community. Teaching kids to swim was essential for a community by the water. The pool also provided much needed indoor exercise opportunities. Tara Swanson,outside city limits,was in support of Resolution 2023-043. She agreed with all the previous citizen comments. She wanted to add the importance of the role of a school in this small community. There was just the one school system here with no backup. It was important to fund the school because it was part of the community's infrastructure and part of the system. The support of the school would promote economic diversity and stability in Seward. Henry Burns, outside city limits, said public schools were in dire need. As principal of the Seward High School, Burns was looking at budget cuts across the board. The worst part about his job was to notify teachers they might lose their job due to budget cuts. Burns asked council to support the teachers and the community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Wells) Approval of Agenda and Consent Agenda Calhoon removed Resolution 2023-041 from the consent agenda. McClure requested that Resolution 2023-040 be moved on the agenda and taken up as the first public hearing item. There was no objection from council. 80 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page Motion Passed Unanimous The clerk read the following approved consent agenda items: 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. Resolution 2023-043,Requesting The State Of Alaska Legislators Make A Meaningful Increase To The Base Student Allocation (BSA)For Public Schools. 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 In The Amount Of$469.93. Approval of the Appointment of Election Board for the Special Municipal Election on May 2, 2023. Approval of the Appointment of the Canvass Board for the Special Municipal Election on May 2,2023. Proclamations and Awards Proclamation for Public Safety Telecommunications (Dispatchers) Week April 9-15, 2023. City Manager Report. City Manager Janette Bower said the Campspot online reservation system for the City of Seward Campgrounds experienced major technical difficulties upon going live in early April. Two Campspot representatives would be traveling to Seward tomorrow to resolve the issues. There were almost 1,200 bookings on opening day that experienced technical issues. As of now, around 300 of those bookings had been resolved. Bower thanked the Parks & Recreation Department for their dedication and perseverance. On another topic, Bower read a statement in regard to the proposed electric sale. The city received two proposals and they were very close. The Seward City Council heard directly from both Chugach Election Association(CEA)and Homer Electric Association(HEA)before arriving at their decision to select HEA. Council felt HEA was better suited for the Seward community. While the council was aware that HEA rates were higher than CEA, that price gap would close in the future. HEA provided additional information on a variety of topics such as their investments over the past decade, customer focused technology and cyber security. On a related note, the city was trying to prepare for the loss of the electric department's annual contribution of 2.1 million dollars to the general fund. In response to this concern, the city wanted to establish a trust fund as described in Ordinance 2023-007.Ultimately,the decision to sell the electric utility was in the hands of the voters on the May 2,2023 Special Election.Bower noted her statement would be provided to the city clerk 81 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page as a laydown to be made available to the public. The original proposals from CEA and HEA were public records and could be provided upon request. City Clerk Report. City Clerk Brenda Ballou said on Monday, April 17, 2023, Absentee In Person voting would be commence in the clerk's office for the City of Seward Special Election. Only residents of the city would be eligible to vote in this election. There was a prohibition about campaigning within 200 feet of the polls and that applied during Absentee In Person voting.During the city clerk's hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. there would be no campaigning or discussion about the pros or cons of the electric utility sale. Calhoon asked how a citizen would go about signing up for the election board or canvass board. Ballou said she was always happy to have volunteers and any registered voter could express interest to the clerk's office at any time. City Attorney Report. City Attorney Sam Severin(telephonically)said council would soon receive amendments in regard to Title 3. It was a big re-write project that was wrapping up soon. Severin noted he enjoyed the work on short term rental issues and enforcement. Other Reports and Announcements —None Presentations Presentation from Jen Chauvet on Invasive Chokecherry Tree Removal. Council recessed the meeting at 7:56 p.m. Council resumed the meeting at 8:01 p.m. PUBLIC HEARINGS Resolutions Requiring Public Hearing 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 Approving A Lease Between The City Of Seward And ZPA,LLC Of Lot 3B,Block 1,Marina Subdivision [Breeze Inn]. Motion 0 Approve Resolution 2023-040 No member of council made the motion to put this resolution on the floor, therefore it died and is failed. 82 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page Ordinances for Enactment 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. Motion (Osenga/DeMoss) Enact Ordinance 2023-007 Bower said this ordinance was based on Resolution 2022-087 and would establish a trust fund for proceeds from the electric utility sale, should the voters approve the sale. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Calhoon wanted some reassurance from someone with financial expertise that this trust fund was solid.He asked if other communities such as Cordova or Skagway had already done something similar that could be used as a model. Bower responded this ordinance was written by the city's attorney firm. Severin said Anchorage and Unalaska had such a trust fund. This trust fund was designed to be user friendly and drew from the collective wisdom from other cities who had done something similar. Bower explained the council would later select the investment group who would manage the funds. This ordinance would set the framework for the investment firm to keep the funds separate from the city accounts. Calhoon asked if there would still be time down the road to discuss the financial details if this ordinance was enacted tonight. Bower confirmed there would still be time to work through all the details with the investment firm. Motion Passed Unanimous 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. Motion (DeMoss/Osenga) Enact Ordinance 2023-008 Ballou said the majority of the updates of this title were coming from the city attorney as part of the recodification process. There was language that needed to be updated or clarified. The majority of the updates resulted from the attorney review process and the city departments heads contributed some good input as well. 83 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Calhoon wanted to clarify the burial site reservations being controlled by the city manager's office as opposed to the clerk's office.Ballou clarified the clerk's office manages burial permits,but the burial site reservations were done under the city manager through the Community Development Department. Motion Passed Unanimous 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. Motion (Osenga/Wells) Enact Ordinance 2023-009 Community Development Director Jason Bickling said FEMA had updated their language in regard to floodplains. FEMA provided a model ordinance and the city staff modified it to fit city code. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. McClure asked if the Seward Bear Creek Flood Service Area Board (SBCFSAB) was in agreement with this ordinance. Bickling responded that the Planning & Zoning Commission had gone through the ordinance line by line with the SBCFSAB and it was a well put together ordinance. Calhoon noted that he had watched that excellent joint work session with P&Z and SBCFSAB, and he felt very comfortable voting for the enactment of this ordinance tonight. Motion Passed Unanimous UNFINISHED BUSINESS Items for Reconsideration 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. Motion (Calhoon/DeMoss) Reconsider Ordinance 2023-006 Calhoon said he received some comments from community members with concerns about this ordinance. He felt there was clarification needed on a some of the items. 84 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page McClure said quite a few citizens had raised some discussion points and she felt the ordinance was worthy of reconsideration. Motion to Reconsider Passed Unanimous Calhoon wanted to address the one-year residency requirement that would have been expanded to include Bear Creek and Lowell Point. Calhoon felt P&Z commissioners should live within city limits for a year prior to serving on the commission. Motion to Amend (Calhoon/McClure) Amend Ordinance 2023-006 by striking Section 2.30.210 (A) after the word "Composition" and replacing it with, "There is created the Seward Planning and Zoning Commission consisting of seven citizens appointed by the council,that shall have resided in the city continuously for a period of not less than one year immediately prior to the date of application." Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Other New Business 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. Motion (Osenga/DeMoss) Approve Resolution 2023-041 Bickling explained there had been some development around the southern boundary of the Jesse Lee Home Property it was important to know exactly where the property line was located. Calhoon said he wanted more clarification and understanding of this project.He asked if the property had ever been surveyed in the past and Bower responded the property had never been surveyed. Calhoon felt the price seemed high and wondered if the project could instead go out for Request for Proposals(RFP). Calhoon noted said he had six cemeteries surveyed for the American Legion for a far less dollar amount. McClure asked for clarification on what staking meant. Bickling responded the stakes would all be in a line and make it easy to see the property line. 85 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page Wells noted he had never seen such a high price for such a project. DeMoss felt the price was quite a bit higher than what she would expect for the project and wondered if there were any time constraints if the city chose to solicit RFPs. Ballou noted that bids or quotes could be more time efficient than an RFP. Bower confirmed the dollar amount would be appropriate for bids rather than an RFP. Motion Failed Unanimous Motion (DeMoss/McClure) Direct the City Manager to put out an invitation to bid for the surveying and staking of the Jesse Lee Home Property. Motion Passed Unanimous City Council Discussion and Direction Concerning Appointment of Interim City Manager. McClure explained that council could either appoint an acting city manager or hire an interim city manager. Human Resources Director Tammy Nickell said she had received two applications for interim city manager, and they were included in the council packet. DeMoss said housing was an issue for an interim city manager. She was more interested in exploring options for an acting city manager from within the city ranks. Motion (Calhoon/McClure) Appoint Harbormaster Norm Regis as Acting City Manager. Calhoon knew Regis had experience as acting city manager and he was knowledgeable in this field. Housing would not be an issue for Regis and the salary would be more affordable. Barnwell was concerned about the harbormaster going into acting status right before the busy summer season. Regis noted this would be a good time for the deputy harbor master to gain experience. The upcoming summer harbor projects were relatively easier in scope than previous years. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Other Items City Clerk's Memo Regarding Unanticipated Expense for the May 2, 2023 Special Election for Ballot Programming. 86 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page Ballou said there was an extra charge for programming the ballot machinery. Following the May 2,2023 Special Election,the Kenai Peninsula Borough was going to amend their Memorandum of Agreement and it would come to council for approval. CITIZEN COMMENTS Cindy Ecklund, inside city limits, thanked council for appointing Regis as acting city manager. She also noted the Kenai Peninsula Borough was buying new ballot machines and perhaps that contributed to the rising cost. Ecklund gave a shout out to Michele Turner who was extremely busy as the Acting Borough Clerk. Ecklund thanked Calhoon for removing Resolution 2023-041 from consent agenda and agreed the cost was too high. Ecklund also thanked Calhoon for his amendment to Ordinance 2023-006 and agreed the P&Z applicants should reside inside Seward city limits for at least one year prior to application. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked Regis for stepping up as acting city manager. Bower noted that she would be in Washington DC next week along with Harbormaster Norm Regis and Vice Mayor Osenga to meet with legislators and federal agencies. Barnwell was excited to have Regis onboard as acting city manager. Barnwell thanked council for passing Resolution 2023-043 which increased funding for the schools.He recalled how difficult it was in 1999 to even find a teaching job in Seward. At that point in time, the Seward schools were filled with art programs, music programs, and a full-time librarian. Since then, it had been an annual struggle to obtain funding for schools.It was a demoralizing process for teachers to fight this year after year. Finch said he followed the philosophy that putting more money into schools would result in less money put into prisons. Wells thanked Regis for stepping up as acting city manager. He thanked council for supporting the BSA increase. Calhoon thanked Regis for taking on the acting city manager position. Calhoon also congratulated Deputy City Clerk Kris Peck for being selected as the next city clerk.Calhoon thanked everyone in the community who paid attention to city council meetings and provided input. The citizen feedback helped council see issues through different viewpoints.Calhoon thanked the council for being open minded and willing to look at all perspectives. DeMoss said she appreciated Regis for stepping up as acting city manager.DeMoss thanked Seward City Tours for doing a top-notch job with their shuttle service. Osenga thanked Regis for stepping into the role of acting city manager. Osenga was very supportive of the schools and the increase to the BSA was very important. 87 City of Seward,Alaska City Council Meeting Minutes April 10, 2023 Volume 42, Page McClure noted she was a product of Seward schools since kindergarten. As a former member of the Kenai Peninsula Borough Assembly,McClure was familiar with the annual struggle for funding. On another topic,McClure congratulated Peck on becoming the new city clerk in May. McClure also congratulated Regis on being appointed as acting city manager. She thanked everyone who attended the meeting tonight. McClure felt this was the best council ever and she was proud of how thoroughly they worked through each issue. Osenga also wanted to mention the townhall meetings with Homer Electric Association (HEA) would be held at the Gateway Hotel on Wednesday, April 12, 2023 and April 19, 2023 at 5:30 p.m. Calhoon elaborated that the HEA meetings would feature a variety of different stations so a person could walk in the door and get a specific question answered in a timely manner. This would be a great opportunity for people to get accurate information on difficult questions. McClure noted she would be at the HEA meeting both nights for the full duration. She wanted to clarify that the dinner advertised on the flyer would include hot dogs and snacks. EXECUTIVE SESSION No executive session was held. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Kris Peck Sue McClure Deputy City Clerk Mayor (City Seal) 88 • swir- Ordinance 2023-010: Amending Seward City Code Title 9 — Health And Safety For The City Of Seward Recodification Project Documents: • Agenda Statement • Ordinance 2023-010 89 City Council Agenda Statement Meeting Date: April 24, 2023, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-010: Amending Seward City Code Title 9 — Health and Safety Background and Justification: The purpose of this ordinance is to complete the recodification for Title 9. 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 Atty Include Animal Control Officer under definition for Chief of Police. Mgr Define cat. 9.05.110 Mgr Clarify the definition for dog. DH, Atty Create new definition for firearm. Atty Update definition for Vicious Dog to match AS 03.55.020. 9.05.130 Mgr Strike first sentence. 9.05.135 Atty Clarify wording. 9.05.150 At , DH Strike section; adopt AS 11.61.140 by reference. 9.05.155 Atty Clarify language. 9.05.210 & .212 Mgr Add cat. 9.05.212 DH, Atty Change timing for licenses to match current practices. 9.05.216 DH, Atty Updating rice to cover costs. 9.05.218 Atty Strike section; if/when a petition for annexation is filed,then include as art of a proposed transition plan. 9.05.220 Mgr Update to include lead. 9.05.240-.244 DH Condense into one section. 9.05.246 DH Strike entire section. 9.05.252 At , DH Strike entire section. 9.05.258 AtClerkgr Update vaccine requirements. 9.05.315 DH Update to within city limits. 9.05.410 & .420 DH, Atty Create new section for discharge of firearms. Chapter 9.15 At , DH Entire section being updated to 2021. 9.15.125 DH Update to allow reports to be emailed. 9.15.140 DH Updating language. 9.15.210-.215 DH Delete as redundant to SCC 2.25.050. 9.15.220 At , DH Delete as covered in ci 's Record Retention Schedule. 9.15.230 DH Fire dept. retains reports. 9.15.235 At , DH Strike section; dues are part of the budget process. 9.15.240 DH Delete as redundant to IFC. 9.15.310 DH Change city manager to fire chief; fire chief issues permit per IFC. 90 9.15.350 DH Updating zone to match current practices. 9.20.015 Atty Strike sentence related to music on streets as obsolete. Atty Strike partial sentence related to x-rays as obsolete. 9.20.065 At , DH Striken language is obsolete; new language from attorney. 9.20.090 Atty Updated language. 9.25.030 Atty Striken as unconstitutional. 9.25.030 Atty Penalties are covered in Title 1. 9.30 Atty Updating terminology. 9.30.015 DH Updating language forequipment. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: Clerk's Note:Submitted draft ordinance to Shannon/administration 3123; Shannon submitted draft ordinance to attorney on 3124 and followed up on 4117. 91 Sponsored by: City Clerk Introduction: April 24, 2023 Public Hearing: May 8, 2023 Enactment: May 8, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE TITLE 9 — HEALTH AND SAFETY 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, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on updating Title 9—Health and Safety and reflects input from the city manager (including department heads), city attorney, and city clerk and will complete the recodification for Title 9. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 9 —Health and Safety is hereby amended as follows: (Deletions = Bold ; Additions = Bold Italics Underlined.) TITLE 9 -HEALTH AND SAFETY Chapter 9.05 -Animals and Fowl * `Footnote: See AS 11.61.140 and AS 11.61.145 for state provisions as to cruelty to animals and exhibiting fighting animals; see § 11.01.015 and § 11.01.075 for additional provisions as to riding animals and carrying animals on outside of vehicles. Article 1.— General Provisions 9.05.110 -Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police. The chief of police and all police officers, animal control officers, and other 92 persons employed to perform any such duties. Cat. The smallest domesticated member of the family Felidae and the order of Carnivora;Felis catus. Dog. . A domestic mammal of the family Canidae and the order Carnicora; Canis lupus familiaris. "Firearm" means a weapon includin- a pistol, revolver, rifle or shot,-un desi,-ned for dischaminz a shot capable of causin,- death or serious physical iniury. License collector. The license collector shall be the chief of police, and shall include the person designated by him to act in his behalf. License year. A license year shall commence on January 1 and end on December 31 of each year. Quarantine. The isolation of a dog or any other domestic animal in a substantial enclosure so that the dog or domestic animal cannot be subject to contact with other animals or unauthorized persons. Trap shall be defined as the use of any mechanical device such as a snare, steel jaw trap, steel leg hold trap, Conibear or spring trap, that is designed to shut suddenly upon contact to kill or capture an animal. Vicious dog. Any dog which has bitten a person, or which has bitten an animal without provocation. , whieh habitually does any other- net whieh reasonably endangers the eofflfor-t, health or- safety of aHy per-soHs, or- whieh habitually iHjur-es or- destroys property, is hereby deelar- to be avieious dog. 9.05.115 -Interference with enforcement of this chapter prohibited. No person shall interfere with, oppose or resist the chief of police in the performance of his duties as herein provided. 9.05.120 -Impoundment of animals—Authorized. The chief of police, and all police officers, animal control officers, and other persons employed to perform any of such duties, are hereby authorized and empowered to take up and impound any animals running at large in violation of the provisions of this chapter, and to keep such animals confined in the city pound animal control shelter, or at such other place as the chief of police may provide, for not less than five days, unless such animals be redeemed by payment of the cost incurred. At the expiration of the five days, if the animal is not redeemed, the chief of police shall be deemed to have acquired jurisdiction over the animal and is hereby authorized to destroy or sell or to otherwise dispose of same. 93 9.05.125 -Impoundment of animals—Removal from pound without permission. No person shall remove or attempt to remove any dog or other animal which is impounded in the city pound animal control shelter without first receiving permission from the chief of police to do so. 9.05.130 -Destruction of biting animals. (a) No per-son shall kill or maim any animal whieh is known to have bitten any per-son or animal unless per-mission a d eonsent to do so has been granted by the ehief of poliee. A. (b)Nothing in this chapter shall be construed to prohibit the killing of a dog or other domestic animal where such destruction is necessary for the protection of life and limb, or for the purpose of preventing a further attack. L. (e) One of the purposes for the enactment of this section is to enable the chief of police to observe all dogs and other animals which have bitten any person or animal in order to determine whether the same are infected by rabies or other disease. 9.05.135 - Quarantine of rabid animals, etc. -Authorized. * Footnote: See AS 03.05.070 for state provisions as to rabies control. (a) it is the duty of A. The chief of police is authorized to immediately quarantine for observation any dog or other animal infected with rabies or believed to be infected with rabies. B_{b)—If, upon examination, the chief of police or eity health animal control officer shall determine that any dog or any animal is afflicted with rabies, he may cause such dog or other animal to be immediately destroyed; provided, that when any dog or animal shall be known to have bitten, scratched or otherwise exposed any person,it shall be kept under observation until the death of such dog or animal, or for fourteen days. C. The chief of police to shall promptly notify the state health officer of the location and description if the dog or other animal having rabies or suspected of having rabies; and shall also to supply the state health officer with the names and addresses of the persons who have been bitten, scratched or had any contact with the suspected animal. D. d)-No dog or other animal which has had an illness which was suspected of being rabid shall be released from quarantine except upon the written authorization of the chief of police or city health animal control officer. E. ( }Any dog or other animal having been bitten or presumed to have been bitten by a rabid animal, or any animal bitten by an animal which presumptively was rabid, shall be quarantined by the chief of police for three months; provided, that any animal the owner of which is not known, when such animal has been bitten or presumed to have been bitten, by a rabid animal, or when 94 such animal was bitten or presumed to have been bitten by an animal which presumptively was rabid, sueh aftimal shall be destroyed after a 14 day quarantine period has been observed. F. {#}All quarantines shall be effective either on the premises of the owner o or person having custody, control or possession of such animal, if practicable, or at the city pound animal control shelter. If the chief of police determines that such animal can be best observed in quarantine by being placed in the city pound animal control shelter, he may transfer and keep such animal in the city pound animal control shelter. The owners or person having control or custody or possession of any animal thus placed in the city pound animal control shelter shall be liable for all costs incurred in the keeping of such animal. G. {g}The chief of police or his deputies are hereby empowered to enter upon any private property where any dog or other animal is kept, which dog or animal is alleged to have bitten any person, to inspect and seize and impound any such dog or other animal for a period of fifteen fourteen 14 days, and may in lieu of impounding the same,require the owner of such dog or other animal, by a notice in writing personally served upon such owner,to quarantine the dog or animal for such period. 9.05.140 - Quarantine of rabid animals, etc.—Removal from place of confinement. No person, either by himself or agent, shall remove from the city pound animal control shelter or any veterinary hospital, or from any other place, any animal which has been quarantined without consent of the chief of police. 9.05.145 -Noisy animals. It is hereby declared to be a nuisance, and it shall be unlawful to keep, maintain or permit on any lot or parcel of land, any animals or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in reasonable and comfortable enjoyment of life or property. 9.05.150 - Cruelty to animals. AS 11.61.140 and any bail schedule associated therewith is hereby adopted by reference. (a) No per-son may perform or eommit the folloiving ne - aboseanioffl_�d,(3) Maint a! witheof food, water- and shelter- adequate to pr-eser-ve the animal's 95 matter-; amttsemeHt of himself or- others or- for- fiHaHeial gaiHi or- > > (b) The above seetioH does Hot apply to the foflowiHg: > , allimal f-r-( death; or- shall be r-equir-ed to perform the foflowiHg: (1) Stop the vehiele as elose to the seeHe of the neeideHt as possible; aseer-tai"azm-vievr the iHjttr-y if the allimal's owHer-ship is Hot readily aseer-taiHable. less thaH $50 nn all rot to a $300 nn for- eh offer� 9.05.155 -Removal and disposal of fecal matter. (a)-Any person in possession of any household or livestock animal shall immediately remove and dispose of all fecal matter left by the animal on public parks, streets, sidewalks or bike paths. (b) Any per-son owning, keepi g, ing or- harboring any livestoeli animal sha# 96 immediately r-emove alld dispose of all Feeal matter-left by the aftimal oft publie > > (e) The peHalty for- a first offeHse will be a $15.00 eitafioH, seeoHd offeHse will be a $30.00 eitatioft,with a maximum peftaky of$50.00 for- third alld subsequeHt sidewalks or- bilie path-s-.- Article 2. -Dugs Licensing and control * Footnote: See AS 03.55.010, et seq., for state provisions as to vicious dogs; see § 7.10.248 as to regulating dogs in the sal boat harbor. 9.05.210 -Licenses required. No own ^" harborer- person in possession of any dog or cat over four months of age shall fail or neglect or refuse to obtain a license for such dog or cat. 9.05.212 -License fee—Dogs or cats. A. {er}There is hereby levied an annual license fee of $5.00 per year for each neutered male or spayed female dog or cat and $10.00 per year for each unneutered male or unspayed female dog or cat. The license fee shall be due and payable on the first day of jamtar-y July of ee&k the initial license year. B. b)-Any person who fails or neglects to pay the license fee on or before the first day of Febr-uar-y August of each year-,-ts the license fee becomes due, shall be deemed delinquent under the foregoing provision and shall pay an additional $5.00 penalty in addition to the prescribed fee for the license. . { }Any person who comes into ownership or commences to harbor a dog or cat within the city after the first day of januar-y July of each year shall, within 30 days after such time, obtain a license as provided in this section at the full yefw yearly rate stated above. D. Licenses shall be issued for a three year period and renewed on or before the first play of Au,-ust followinz expiration. E. Do,-s that are spayed, neutered and micro-chipped and have a current rabies certificate are elizible for a lifetime license for a fee of$30. 9.05..214 LieeHse fee- KeHHecs 9.05.216 -License fees—Collection; issuance and form of license tag. A. (a*The license collector shall, and it is hereby made his duty to, see that the licenses from every owner or- ha--bo of dogs required to be licensed are paid. The license fee shall be paid to the 97 license collector, and the license collector shall issue a tag for each dog licensed. Upon the tag shall be the stamped words and numerals showing the license year for which the same is issued. The tags shall also be serially numbered. Replacements for lost license tags may be procured from the license collector upon proof of loss and payment of$0.25 $1.00. B. }The license collector shall keep a register in which he shall enter the name of the owner iw harborer- of each dog for which a license is paid, together with the date and number of the tag issued. 9.05.218 Lieense fees Exemption for newly annexed territories. in territories neivly annexed to the eivy, no lieense fees as ealled for in this ar-fiele shall be r-equir-ed for- dogs -A,hieh ar-e then lieensed by the Kenai Peninsula Bor-ough dur-ing t unexpired term of sueh lieense, but shall only be required from and after the expiration o-f 9.05.220 -Wearing of license tag required. No person owning or having charge or control of any dog shall keep,maintain or allow such dog to be within the city unless there be attached to such dog a collar, lead or harness to which the license tag for the then current year shall be affixed. The collar, lead or harness and license tag shall be worn by the dog on a constant basis when the dog is on other than the owner's private property. 9.05.222 - Tag to be worn by dog for which issued. No person shall attach any current license tag to any dog other than the dog for which the tag was originally issued. 9.05.224 -Removal of license tag prohibited; counterfeiting of tag prohibited. A. fa}No person, other than the owner, shall remove from any dog any license tag attached to such dog under the provisions of this chapter. B. b)-No person shall counterfeit or attempt to counterfeit a dog license tag; receipt for payment for license or certificate of vaccination,or place a dog tag upon a dog unless the tag was specifically issued for that particular dog. 9.05.226 -Impoundment of untagged dogs. it is hereby made the duty of the The chief of police is authorized to take-tip-and impound all dog found in the streets or public places within the city without a tag as provided in this chapter, and to keep each dog so taken up and impounded for not less than 72 hours in the city pound animal control shelter, unless such dog be sooner redeemed by the payment of all poulad fees incurred, together with the production of the required tag. 98 9.05.228 -Disposition of unredeemed animals. At the expiration of five (5) days from the time the animal is impounded, unless it has been redeemed as herein provided, it shall be humanely destroyed by the chief of police or person designated by him; provided, that the chief of police is hereby authorized to sell any unredeemed animal upon the purchaser paying all adoption fees and deposits as set by resolution of the city council from time to time. A license shall not be required if the animal is immediately removed from the city. 9.05.230 -Liability for injury or disease during impoundment. Neither the city,nor any of its officers,employees or agents shall be liable for any injuries suffered, or disease incurred, by any dog while taken tip and impounded. 9.05.232 -Vicious dogs—Reports; control. A. (*)-Whenever a dog suspected of being vicious is reported, the chief of police shall investigate the conditions of the dog's behavior, and if he finds that such dog has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog, he shall deliver in writing to the owner ^rharborer-person in possession of such dog a statement of the facts and circumstances concerning the dog's behavior. He shall also order the owner- or- ham person in possession of such dog to keep such dog in a substantial enclosure or securely held upon a chain or other adequate control, or if this restraint is impossible or impractical, such dog shall be impounded in the city pound animal control shelter until such time as the owner-" ha of such dog shall make provisions satisfactory to the chief of police for the restraint of such dog either in a substantial enclosure or upon a chain or other adequate control. B. �owner o shall fail to make provisions for adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of in a manner so that he will not be a menace within the city. 9.05.234 - Same—Running at large. No owner or harborer- person in possession of any vicious dog shall permit such dog to be at large after he has been notified by the chief of police that the dog is vicious, or when he knows, or by the exercise of reasonable care should know, that such dog is a vicious dog. 9.05.236 - Same—Posting of premises. Whenever any dog has a disposition or propensity to attack or bite any person or animal without provocation, the chief of police shall order the owner to post and keep posted upon the premises where such dog is kept under restraint as herein provided, in plain and conspicuous view, a notice in letters not less than two inches in height, which shall contain the words: "Beware of Vicious Dog." Failure to obey such order in any respect as herein provided shall render owner liable to prosecution for violation of this chapter and shall render such vicious dog subject to summary destruction if found at large. 99 9.05.238 - Same—Menacing utility service employees. In the event that any person owns or harbors any dog which bites or attacks, or threatens to bite or attack, any meter reader, inspector, officer or employee of the city while in the performance of his duties as such, the city shall have the right to cut off all electric and water service to the premises where such dog is kept, and not resume the same until such dog is disposed of or confined in such a manner as to insure that it will not thereafter menace such meter reader, inspector, officer or employee. 9.05.240 -Running at large - . An animai shall be eonsider-ed to r-un at large if it is not restrained by a leash or- enelostir-e. 9.05.242 Same Streets, alleys,All aHimals shall be kept tmder- r-estr-aiHt either- by a leash or- by beiHg kept iH aH eHelosttr-e. No person owning or in possession of any stye# Flo,- or animal shall permit such dog or animal to run at large upon any public street, alley or any other public place within the city, and no person shall permit any animal to be upon any public street, alley or other public place within the city, unless such *ff slog or animal is kept under the immediate control of the person in possession of the same by voice command or leash. No owHer- or- har-bor-er- of aHy tmspayed female dog shall permit or- allow sueh dog to str-ay or- r-un or- be at large in or- upon any publie pinee while sueh dog is in heat or- breeding eondition. 9.05.244 Same Female dogs iH heat. No per-son owning, harboring or- keeping any animal shall permit the same to trespass or- be per-son. Any animal permitted to r-un at large or- be upon the publie streets, alleys or- on any or- being upon pr-ivate property of another-per-son without the eonsent of-, or- to be wr-iting that the animal has been impounded-. 9.05.248 -Disposition of impounded animals. At the expiration of five(5)days, if the animal mentioned in the preceding section is not redeemed, 100 the chief of police shall be deemed to have acquired jurisdiction over such animal, and he is hereby authorized to destroy or to sell or to otherwise dispose of same,and any proceeds derived therefrom shall accrue to the city, to be deposited in its general fund. 9.05.250 - Citation of owner in lieu of impounding. In lieu of seizing and impounding any dog or animal found to be running at large in or upon any public street, sidewalk, alley or public place, or trespassing or being upon any private pr-op to the annoyanee of tiny or kept or maintained in violation of any of the provisions of this chapter, the chief of police may issue a citation to the owner o of any such dog o animal, fixing time and plaee not less than five days f-Fom the date -Stianee o ei--o* directing the owner or ha-bo of any such dog or animal to appear before the judge of the magistrate's court,to show cause why such person should not be punished as provided in this code for causing or permitting such do,- or animal to run at large, or be upon private property eontr-ar-y to the provisions of this ehapter-5 or for any other violation of this chapter, and to show cause why such dog or animal should not be destroyed, unless such owner or ha-bo makes adequate provisions for the control of the animal as required by the provisions of this chapter. Upon a third offense, any such dog or animal may be ordered to be summarily destroyed. If such citation is issued as a result of a complaint made by any person against the owner o-- ha-bo-e- of any dog or animal, a notice in writing may also be given to the person making such complaint, notifying him to appear at the time and place stated in the citation, to verify the complaint. in the event that the owner- or- har-bor-er- of any animal found Funning af lar-ge on the public- streets, alleys or other publie pinees in the eivy, or upon private property, to the annoyanee ordinary means so that it may be impounded at the e 0 ty pound, then sueh animal may stimmar-ily destroyed by the ehief of poliee. 9.05.254 -Retention of animal without owner's consent. No person, without the consent of the owner thereof, shall hold or retain possession of any dog or animal of which he is not the owner, for a longer period than 24 hours, unless such person shall within such 24 hour period report the possession of such dog or animal to the chief of police, giving his name and address, and a true description of the dog or animal. 9.0-4.2-46 Limitation of number of animals permitted to be kept. 9.05.258 -Antirabies vaccination required. It shall be unlawful for the owner of any animal to keep or maintain in the city any animal over the age of six months, unless it shall have been vaccinated by a licensed veterinary surgeon with antirabies vaccine, within two years preceding the date on which such animal is kept or 101 maintained, unless the animal is exempt from receivinz a vaccine by a licensed veterinarian. As used herein, "antirabies vaeeine" means ehiek embryo modified live virus antirabies vaeeifiew 9.05.260 -Antirabies vaccination prerequisite to issuance of license. No license shall be issued for any dog unless the owner presents proof that the dog has been vaccinated with antirabies vaccine, as defined in section 9.05.258 within 24 months prior to the date of the application for such license. 9.05.262 -Pound Shelter and feeding fees. The city shall collect a $25.00 pound shelter fee, plus $3.50 per day for feeding each animal so impounded,plus any license fees due according to the provisions of§ 9.05.212. The pound shelter fee shall be $50.00 for the second impoundment of the animal within a calendar year under the provisions of this article; the pound shelter fee shall be $100.00 for the third such impoundment within a calendar year. 9.05.264 -Disposition of fees. All license and pound shelter fees collected pursuant to this chapter shall be paid into the general fund of the city. Article 3. -Hunting and Trapping 9.05.310 - Trapping of animals prohibited. It shall be a violation of this chapter for any person to trap, attempt to trap or aid and abet any person in trapping any animal, wild or domestic, within the City of Seward, provided, that this section shall not apply to the following persons or activities: A. Fa}Hunting,trapping, or capturing of animals or birds by city, state or federal law enforcement, game department or animal control personnel while engaged in the performance of their official duties or any person authorized by the city manager or his designee for purposes of animal control or research; B. {b}Hunting, trapping or capturing of rats, mice, shrews, or similar vermin; or C. (e)-The nonlethal live capturing of loose domesticated animals or birds by means designed to ensure the safety and well-being of the animals.Any animal captured shall be cared for in a humane manner and returned without unreasonable delay to the animal's owner or an animal control officer. 9.05.315 -Hunting prohibited in par4£s city limits. No hunting, trapping or harassment of wildlife by any means or methods whatsoever will be permitted within . city limits, unless within areas designated by the chief of police as lawful for hunting. 102 9.05.410-Discharge of firearms. Except as provided below, it is unlawful for any person to knowin'-ly discharge any firearm, air rifle, air pistol,BB gun or dart mun within the city limits. 9.05.420-Exceptions. The provisions of Section 9.05.410 do not apply to: A. A peace officer actin-within the scope and authority of the officer's iob, B. Any person who is lawfully defendinz a person or property; C. Professional or public target ranzes specifically authorized by the city council, or indoor air-propelled arm tar,-et ran,-es; or D. The discharze of a firearm in areas open to the public for lawful huntin-with a firearm. Chapter 9.10 - Civil Defense and Disaster * * Footnote: See AS 26.20.010, et seq., for state homeland security and civil defense provisions; see AS 29.35.130 as to the establishment of emergency services communications centers. 9.10.010 -Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Civil defense. Preparation for and carrying out of all emergency functions other than functions for which military forces are primarily responsible,to prevent,minimize and repair injury and damage resulting from disaster. It shall not include nor does any provision of this chapter apply to any condition resulting from a labor controversy. Civil defense and disaster service worker. All city employees, all volunteers registered with the civil defense disaster organization, and any unregistered person pressed into service during the state of disaster or state of extreme emergency, by a person having authority to command the aid of the citizens in the execution of their duties. Disaster. Actual or threatened enemy attack, sabotage, air pollution, extraordinary fire, flood, storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the services,personnel, equipment and facilities of the city, and requires the combined forces of other local agencies to combat. Local peril, local emergency or local disaster. The existence of conditions within the territorial limits of the city, in the absence of a duly proclaimed state of emergency or state of disaster,which 103 conditions are the result of an emergency created by a great public calamity, such as extraordinary nuclear or chemical accident, fire, flood, storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the services, personnel, equipment and facilities of the city, and requires the combined forces of other local agencies to combat. State of disaster. The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by such condition as air pollution,nuclear or chemical accident, fire, flood, storm, epidemic, riot or earthquake, or other conditions, except as a result of war-caused disaster, which such conditions by reason of the services, personnel, equipment and facilities of the city, require the combined forces of mutual aid to combat. State of disaster does not include nor does it apply to any condition resulting from a labor controversy. State of extreme emergency. The duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the city caused by an enemy attack, or threatened attack, or other cause such as air pollution,nuclear or chemical accident, fire, flood, storm, epidemic, riot or earthquake, which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, and require the combined forces of mutual aid to combat. A state of extreme emergency exists immediately and without proclamation thereof by the governor whenever the state is attacked by an enemy of the United States or upon receipt of warning from authorized federal or state agency indicating that such an enemy attack is probable or imminent. A state of extreme emergency does not include, nor does any provision of this chapter apply to a condition resulting from a labor controversy. 9.10.015 -Purposes of chapter; expenditures. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the civil defense of persons and property within this city, in the event of a disaster from natural or man-made causes or acts of war, and to provide for the coordination of the civil defense and disaster functions of this city, with all other public agencies and effective private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, shall be deemed exclusively to be for the protection and benefit of the inhabitants and property of the city. 9.10.020 -Director—office created; powers generally. There is hereby created the office of director of civil defense and disaster. The city manager may be the director of civil defense and disaster. The director is empowered: A_�WTo request the city council to proclaim the existence or threatened existence of a local disaster or local emergency and determination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time; B. (2}To request the governor to proclaim a state of disaster or state of extreme emergency when, in the opinion of the director, the resources of the region are inadequate to cope with the disaster; 104 C. f(-JI}To control and direct the efforts of civil defense and disaster organization of this city for the accomplishment of the purposes of this chapter; D. (4)-To direct coordination and cooperation between divisions, services and staff of civil defense and disaster organizations of this city and to resolve questions of authority and responsibility that may arise between them; E. (5)-To represent the civil defense and disaster organizations of this city in all dealings with public or private agencies pertaining to civil defense and disaster. 9.10.025 -Director powers in event of disaster or state of extreme emergency. In the event of the proclamation of disaster or local emergency, as provided in this chapter, or the proclamation of a state of disaster or a state of extreme emergency by the governor or the director of the state disaster office, the director is hereby empowered: A. (4}To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster or emergency; provided, that such rules and regulations must be confirmed at the earliest practicable time by the city council; B. O+To obtain vital supplies and equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof; and if required, immediately to commandeer the same for the public use; C. (3)-To require emergency services of any city officer or employee, and in the event of a proclamation of a state of disaster or state of extreme emergency by the governor in the region in which the city is located, to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided for regular city employees; D. (4}To requisition necessary personnel, and material, of any city department or agency; E. (5)-In the event the city manager is appointed civil defense director, he is to execute all of his ordinary powers as city manager, and all of the special powers conferred upon him by this chapter, or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute, or agreement, approved by the city council,or by any other lawful authority,and to exercise complete authority over the city and to exercise all power vested in the city by the constitution and the general laws of the city charter. 9.10.030 - Organization—composition. All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, and organizations, and persons who may by agreement or operation of law, including persons pressed into service by provision of subsection (3) of section 9.10.025 shall be charged with duties incident to the protection of the life, and property, of the city, during such disaster, and shall constitute and be known as the civil defense and disaster 105 organization of the city. 9.10.035 - Organization—division, services and staff. A. (-r}The function and duties of the city civil defense and disaster organization shall be distributed among such divisions, services and special staff, if the city manager, acting as director of civil defense and disaster organization, or the director, shall prescribe. B. (b)-The city council shall, , adopt the civil defense and disaster organization's plan for the city, which: (1) Sets forth a form of organization; (2) Establishes and designates divisions and services; (3)Assigns, functions, duties,powers and responsibilities of the civil defense and disaster services personnel; (4) Designates services and the respective chiefs of services; (5)Establishes operational procedures to be carried out in the event of local disaster or emergency, or proclamation of a state of disaster or state of extreme emergency, as defined in this chapter. C. 0*1nsofar as possible,the form of the organization, titles and terminology shall conform to the recommendations of the state disaster office and disaster agencies of the federal government. 9.10.040 - Continuity of government; standby councilmembers. To provide for the continuance of the legislative and executive departments of the city in the case of a disaster, the city council shall appoint seven standby councilmembers who shall assume their positions in alphabetical order and who shall have the qualifications,tenure and duties and powers specified in chapter 3 of the Home Rule Charter of the city. BC: Has this been done historically? If it is being ignored, should be deleted from code. 9.10.045 -Acts prohibited during disaster. It shall be unlawful for any person, during a disaster: ,_{WWillfully, to obstruct, hinder or delay any member of the civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; B. (2}To do any acts forbidden by any lawful rules or regulations issued pursuant to this chapter, and such act as is of such nature as to be likely to give assistance to the enemy or imperil the lives and property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection 106 thereof. Chapter 9.15 - Fire Prevention Article 1. - General Provisions 9.15.110 UHifor-m Fire Code Adopted. 9.15.111 - 2012 2021 International Fire Code—Adopted. subseetion (b) below, published by the inter-national Code Couneil is hereby designated and shall be kHo-A,H as the Sewar-d Fire- Code, aHd shall eoHstitute the !a-A,s of the eit-y r-elated to fire pr-evention. Although not published in Nil in this seetion, all of the pr-ovisions of the !Htematiomil Fire Code aHd the appeHdiees eited shall be aHd ar-e hereby adopted by r-efer-enee to the same extent as if set for-th in Nil herein, exeept to the extent that the !Htematiomil Fire Code is ameHded by or-iH eoHfiiet with this eode or- imy r-elevimt or-dimm inter- adopted, in whieh ease the . . f this eode shall apply. (b) The folio-wing r-evi- to the inter-national Fire Code 2012 edition, hereinafter- sometimes referred to as WC iH its appfieafioH as the Sewar-d Fire Gode.2 • , aHd deviees, aHd f0om other- eoHditioHs hazar-dous to life aHd property, with the foliowiHg 2. The WC is r-evised by deleting all the r-efer-enees to the "!CC Eleetr-ieal Code or-NF-PA 70" aHd r-eplaeiHg them with "Eleetr-ieal Code as adopted by 8 AAG 70.025, as ameHded as 0 September- 27, 2008, and as amended fFom time to time." 3. The WC is r-evised by deleting all the r-efer-enees,with the exeeption of ehapter-s 6 and 7 of and r-epineing them with "Numbing Code as adopted by 8 AAC 63.010, as amended as o . , (Requir-ed oper-atioHal permits) is revised by deletiHg all operational permits exeept for- 105.6.14 Explosives, 105.6.30 Open buming, • • (Requir-ed eonstr-tietion permits) is revised by deleting all . , 107 eoHstr-tietioH permits exeept for-2 105.7.1 Atitomatie fire extiHgtiisher- systems, 105.7.6 Fire . . 105.7.15 StaHdpipe systems, , teHts rr shall be guilty of a rr. rr AS 12.55.rr • > rr rr to , rr related to the staff shall be elassified as a Gr-oup E r • > . defiHitioH of rr rr to r-ead2 rr 907.2.10, rr • > betm,eeH the first alld seeoHd paragraphs of the defiHitioH for- rr rrOeetipaHey rr to read! rr the Tom! See 405 rr sriczi-c,�s�,c�9-n-Tv�. • > SeetioH > (GeHer-al defiHitioHs) first seHteHee of the last paragraph of the defiHitioH rr rr above, ith > > shall be •r • > SeetioH > rr rr to read! rr above, with five or- fewer- > > • > SeetioH > 108 rr rr to r-eadi rr a 24 hour- basis to more thaH five ehildr-eH who are two alld oHe half years of age or- less-, rr • > SeetioH 202, rr rr is revised to read! rr elassifieatioH with five or- fewer- > > shall •r • > SeetioH 202, revised defiHitioH for- rr rr iH rr rr of rrOeetipaHey rr betweeH the first alld seeoHd paragraphs to read! rr the T F ! ., S .2116. Chapter- 3, SeetioH 307.2, (Permit r-equir-ed), is revised to read!0 ee cc�9ii-T 4vnc�z�rr rr Approval. The fire ehief of a registered depar-tmeHt haviHg jur-isdietioH, may allow a fire for- r-eeogHized silvietiltur-ftl or- r-aHge or- wildlife maHagemeHt > pests, boHfir-e• ApplieatioH, > must be rr OpeH flame. The use of opef+ wor-ship> > amttsemeHt, iffitntetioH, edtteatioH, > eoHstiltatioH with the registered fire depar-tmeHt haviHg rr rr !Hter-HatioHal Property rRzairrccrna'ircc-cvae. . • > > the first seHte El to r-ead2 rr immediately report the eoHditioHs to the registered fire depar-tmeHt haviHg rr rr rr rr 405.10 False eyaettatio i-d--iir • > SeetioH 405, > is revised by addiHg a He-A, SeetioH rr rr 109 SeetioH 405 1 n Oc� Tc *"rcrsaracmicc > ll > ies wher-e the oeetipaHts Heed physieal assistaHee from staff or- other- to r-espoHd t,& • "EvaettatioH " safety. • "PoiHt of Safety" safety,automatie spr-iH!iler- system alld that is either- (1) withiH aH exit eHelosur-e meetiHg the a meaHs of eseape or- exit that eoHfor-ms to the r-equir-emeHts of this eode ftHd does Hot e r-etur-H to the area of the fire. for- lieeHsiHg the foeility. ChaHges to the evaettatioH eapability will be made by a fire eode eoHdueted six times a year- oH a bimoHthly basis, with at least two dr-ills eoHdueted dur-iHg of > > eseape paths used, eapability> > F,.1�d. system,405.10.4.2, Slow evaettatioH eapabilit-y. EvaettatioH eapability of more thaH three but less > > system, with quiek 110 slow eapability ttHder- seetioH 405.10.4.2; (b) oHe half hour- fire resistive eoHstr-tietioH evaettatioH assistaHee either- (i) to the exterior- at gr-ade level, to aH exterior- por-eh or- laHdiHg via a three foot six iHeh wide door-j or- (4) if the sleepiHg r-ooms are separated &om the rest (Spr-iHkIer- systems). " . , buildiHgs) is revised by the additi-fo-a- folf A. quibsepettio-a- to read " 408.3.5 False alams. False " fire appar-atus r-oadways for- every > buildifig, 720mm) of all por-tioHs of the faeility or- btiildiHg or- ally por-tioH of the exterior- wall of t of the btiildiHg or-moved iHto or- withiH the jur-isdiefioH oH or- after- September- 15, 2001. The fire appar-atu . , to read! " .�� . , . 29. Chapter- 5, SeetioH 505.1, (Address Humber-s), the first seHteHee is revised to r-ead.2 " The ehief of the registered fire depar-tmeHt haviHg jur-isdietioH shall r-equir-e that all Hew alla existiHg btiildiHgs be provided with approved address > > or- approved btiildiHg ideHtifientioH visible from the street or- road fr-oHtiHg the property, or- oH the street or- road if the btiildiHg is Hot visible from the street or- ,, 30. Chapter- 5, SeetioH 505.2, (Street or- road sigHs) the first seHteHee is revised to r-ead2 " ehief of the registered fire depar-tmeHt haviHg jur-isdieti Pike streets alld r-oads to- be ideHtified with approved The 111 1 � y . . .. .. . . 1 1 1 mll . • 1 If 1 1 1 1 _ _ 1 i 1 ' 1 � .. lli . . .. 1 1 ' .. . . .. .. .. . 1 1 ' 1 1 _ 11 ' ' 1 1 1 • 1 1 1 1 i " ; C. All utilities are discenneete' and drained; The fire systems are eer-tified as operational before the building is r-eoeetipied; D. A 24 hour- a day fire wateh as defined in Seetion 202 is provided dur-ing the interim F. A letter- from the iHstir-aHee ear-r-ier- or-, the o-A,Her- if self iHstir-ed, iHdieatiHg kHowledge of the elosur-e is provided to the fire eode offieiah" 40. Chapter- 9, Seetion 901.5, (installation neeeptanee testing) is revised to read.! "Fire deteetioH alld alar-m systems, fire extiHgttishiHg systems, fire staHdpipe systems, alld other- fire pr-oteetion systems and appur-tenanees to those systems must meet the approval of the neeeptanee test r-equir-ed by the standard in Table 901.6.1 for- the system or- appur-tenanee. Fire hydr-aHt systems, fire pump systems, alld private fire ser-vi .itstalled as & . . mt by the fire ehief of the registered fire department having jur-isdietion, are the ehief-. The ehief must be notified before j testing, and all r-esults of the tests must be eoHveyed to the ehief-A,ithiH 30 days." seeond paragraph to read! "Super-seding other- eode or- standard r-equir-ements established by this seetioH, fire pr-oteetioH systems alld fire extiHgttisher-s must be iHspeeted, tested, alld ser-vieed as ronows. years;1. Annually. Exeeption! Standpipe systems must be inspeeted,tested, and ser-vieed every five 2. After- ally use or- ; 3. AHy time damage is ; 4. After- repair- or- ; ; 113 6 After- seasoHal shtitdo- ,H Reports of iHspeetioHs alld tests must be maiHtaiHed oH the premises, alld a eopy of t 1 11 , 42. Chapter- 9, SeetioH 901.7, (Systems out of ser-viee), the first seHteHee is revised to . 11 Mlher-e a r-equir-ed fire pr-oteetioH system is out of ser-,viee for- more thaH eight hour-s iH a 24 hour- period, aH impair-meHt plaH will be submitted to the fire depar-tmeHt alld the fire eode offieial immediately > > the btiildiHg shall either- be evaettated or- aH approved fire wateh shall be provided for- all oeetipaHts left tmpr-oteeted b�, 11 43. Chapter- 11 , , use of a fire wall or- barrier- does Hot establish a separate btiildiHg or- fire area for- pur-poses of thiset A. AH atitomatie spr-iHkler- system must also be provided for- every por-tioH of edtfeatioHat btiildiHgs below the level of exit disehar-ge. -B. Home Day Care uses that are lieeHsed to ear-e for- more thaH fiVe per-som betwem the hour-s of 10200 p.m. alld 6200 a.m. must be equipped with aH atitomatie spr-iHkler- system 44. Chapter- 11 , , 9 L12�r✓.cam 903.2.8, readrr water-with stays less thaH 30 days will be eoHsider-ed R 13R spr-iHkler- system thr-oughout the btiildiHg; a fire barrier- eaH be utilized to separate the s alld will be r-equir-ed to folio-A,this Jeetio . . 11 system iHstalled iH neeor-daHee with SeetioH 903.3.1.2 must be provided thr-oughout all btiildiHgs with a Gr-oup R 2 fire area that are more thaH two stories iH height, iHeludiHg basemeHts, or- that have more thaH four- d-A,el!iHg tiHits or- 16 sleepiHg 11 114 . , rr 903.3.1.1.2 Elevator-Hoist Ways alld A4aehiHe Rooms.sAlheH t 30 (Elevators alld CoHveyiHg Systems) alld NF-PA 13 Elevator- Hoist Ways alld Alnehi (A.S.M.E.) A17.1 Safety Code for- Elevators alld Esealator-s (2000 editioH) ftHd adopted by-9 AAG 77.005, > 2012 alld as ameHded from time to time alld the fire spr-iH!iler- head for-the top of elevator- shafts may have a globe valve iHstalled so the siHgle head eaH be tur-Hed off iH aH emer-geHey. The globe valve must be mar-ked aHd sealed or- gee ; • > aHd, rr (4) Fire extiHgttisher- is provided iH the elevator- maehiHe room. ., . to read! rr 903.3.1.1.3 (!Hspeetor-s test valve). A test valve will be iHstalled at the r-emote area iH both dr-y aHd wet systems to equal the r-equir-ed flow of oHe spr-iHkler- head. lH loeatioHs that use floor- eoHtr-ol valves the iHspeetor- test valve may be eolloented wher-e it eaH mztalxf'd t9 exterior--or- t9 aH c 49. Chapter- , SeetioH 903.3.6, rrthe fire eode rr alld r-eplaeiHg it with rrAS rr . , rr > as revised, > rr . , 907.1.2, (Fire alar-m shop dr-a-A,iHgs)is revised by addiHg the folio-A,iHg doetimeHts to those that must be submitted for- plaH r-eview.2 115 date. rr mamial fire alar-m system shall be iHstalled iH Gr-oup A 2 oeetipaHeies with RH oeetipaHt load of inn , more.rr . . 55. Chapter- , SeetioH 907.2.3, rr Rooms used for- sleepiHg or- H . . . - x Poses -A,ithiH a day ear-e use of a Gr-oup E oeetipaHey must be provided with smoke alar-ms that eomply with SeetioH rr 907.2.4, . 907.2.6.1, . 907.2.7, . 907.2.8.1, 907.2.9.1, 907.2.10.1, 907.7.2, paragraph to read! rr > > must be for-war-ded by the firm eoHdtietiHg the test to the divisioH of fire alld life safety or- the deferred jur-isdietioH haviHg rr 63. Chapter- 9, Seetioft 907.2.11, (Sifigle afid multi statioft smoke filar-ms)is revised by addifig a seeoHd paragraph to read! rr oeetipaHey, rr 907.8.1, > Hew seetioH to read! rr move, > The mafteamp must be eer-tified by aft appropriate fire system permit holder- to provide doettmeHtatioH that the system has beeH pineed baek i d is ready for- oper-atiow. System eer-tifieatioft doetimefitatioft is to be r-etaifted oft site afid available for- r- i x 116 50.025.11 after- the first seHteHee! rr off ea eh Nor- level." at the eHd of the paragraph! rr 4om a eommer-eial sour-ee, alld shall be equipped with a battery baelitip. Mlir-iHg shall be per-maHeHt aHd without a diseoHHeetiHg switeh other- thim what is r-equir-ed for- over-etir-r-eHt rr A eopy of the aeeeptimee test eer-tifieate must be for-war-ded to the divisioH of fire im-1 life safety or-the deferred atithor-ity haviHg jur-isdietioH by the firm eoHdtietiHg the test within 30 days of the eompletioH of the rr seHteHee of the exeeptioH! rras gover-Hed by the pr-ovisioHs of AS 11 70. Chapter- 10, SeetioH 1009.4, (Stair-way width)is revised by addiHg the f011o-A,iHg eNeeptioH to r-ead2 rr rr IH part of the exterior- stairs iH elimates with shall be desigHed to mi-Himize the irCetimulatio„ ,•Fn-vf the sHow uric 11 IH 11 73. Chapter- 10, SeetioH 1015.2.2, (Three or- more exits or- eXit Reeess door-'A,Rys) is revised by 11 Mlher-e aeeess to three or- more exits is r-equir-es,the separ-atio* distaHee of the third exit door- or- exit neeess door-way shall Hot be less thaH oHe third of the leHgth of the maximum over-all diagoHal dimeHsioH of the ar-ea 11 74. Chapter- 10, Table 1018.1, (Cor-r-idor- fire r-esistimee r-atiHg) is revised by addiHg footHote 11 11 to read! 11 R 2 oeetipaHeies shall be permitted to have a oHe hour- rated eor-r-idor-withotA 117 C. is less thaH three stories iH B. Serves iess thim Four- ",el!iHg tiHits or- 16 or- more sleep r-oomsi " meaHs of egress." . , " ies, used exelusively for- the basemeHt or- first level belo-A, the first story must hRW at least two exits ar-r-aHged as deser-ibed iH SeetioH 1015.2. For- pur-poses of this BasemeHts or- the first level below the first story iH all oeetipaHeies exeept Gr-oup R 3 storage > > mniHteHaHee offiees, alld similar- uses may Hot be eoHsider- . , . . , seHteHee is revised to read! (DispeHsiHg of flammable alld eombustible liquids) the !a • > SeetioH 2005, 2005.8. . , to r-ead2 " . , " eapaeify of 250 galloHs or- less may be used for- HoH eommer-eial r-eNe!iHg of private HoH- A. > the type of CHO eoHtaiHed iH the taHli, aHd the-taHk eapaeify B. The tank and all appur-tenanees used in the Neling operation are listed and approved for- �� . > > revised by adding an item 6 to read! above gr-ade) is. 6. Approved above gr-ound atmospher-ie tanks may be 118 A. TaHks must be loeated as r-equir-ed for- rr rr by Table 2306.2.3; B. TaHks must be eHelosed by a six foot high iHdtistr-ial type ehftiH liHk feHee With of two neeess gates loented at opposite side of the eHelosur-e. Eneh gate must be at least 3-6 iHehes wide. There must be a or-kiHg distaHee of fi-ve feet betweeH the taHk the feHe . , (Leak deteetioH)is revised by addiHg aH exeeptioH to read.! rr wall steel with all welded joiHts, dieleetr-ie eontiHg, alld eathodie rr . , rr Wher-e oil separators or- traps. > > > or- othe-r- •r . , revised seHteHee rr rr . , (Stiper-visioH) is revised by addiHg to the eHd of the seHteHee rr rr rr storage,doettmeHtatioH of the elostir-e plaHs for- the ter-miHatioH of the use, or- haHd!iHg of hazar-dous materials at least 30 days before the ter-miHatioH. The fire ehief is ftt"off-i—zed— to 500 c 1 alld cnnl c 2 rr 88. Chapter- , SeetioH 5601.1, (Seope) is revised to iHser-t rraHd AS rr rr The rr 89. Chapter- , SeetioH 5601.1.1, (Explosive material staHdar-d) is revised to r-ead.2 rr Iff additioH to the r-equir-emeHts of this ehapter-, Sewar-d City Code Chapter- 9.15, Ar-tiele 3 alld > > storage, sale, haHd!iHg alld use of explosive materials." 5601.1.3, revised, , rr The maHufaetur-e, storage, sale, haHd!iHg alld use of fir-e-wor-lis is prohibited exeept as allowed ciz his eetioH • ll•7 AS 1 4.72.rr . , 119 rr Tr-aHspor-tatioH. Explosive materials must be tr-aHspor-ted iH aeeor-daHee with 49 C.F.R. Parts 100 185. No per-soH may sell > possess, or- tr-aHspor-t fir-e-wor-lis for- sale, eoHdtiet a fir-e-wor-lis display deser-ibed iH paragraph 5602.4.2 of this > , tr-aHspor-t or- test daHger-ous fir-e-wor-lis for- sueh a display, uHless the per-soH holds a valid 92. Chapter- 56, SeetioH 5601.2, (Permit r-equir-ed) is revised to read! rr Permits shall rr rror- AS rr . , (Sale alld retail display) is revised by deletiHg the -A,or-ds rr explosives, explosive materials, or- rr rr explosives alld explosive materials." rr FIREMIORKS RETAIL SALES AND DiSPLAVS.ff . , (GeHer-al) is revised by addiHg a seeoHd paragraph to read-- "Retail sales of salable fir-e-wor-lis must eomply with SeetioH rr 98. Chapter- 56, SeetioH 5608.2, (Permit applientioH) is revised to read! rr Permit applientioH. 105.6 of the lFG.2 > to sell, > r sell,to sale, retail;1AG (d) a fir-e-Alor-lis eveHt permit for- eneh eveHt iHvolviHg publie or-private display of RHY amottHt (2) A lieeHse or- permit ttHder- (a)(1) (4) of this paragraph must be obtaiHed from the state fire r 120 marshal'sfire marshal'sregistered fire departmeHt iH the jurisdietioH where the testiHg will oeetir. r-eeeived by the fire permit ttHder- (a)(5) of this paragraph must be issued before the r-outiHe testiHg oeetirs. (a)for a lieeHse or permit ttHder-(a)(1)or(2)of this paragraph,proof of iHstir-mr. liability i > > for Hot less thaH $1,000,000 > > ; (5) Aft applieatioft for a retailers permit tifider (a) (2) of this paragraph or for a fireworks site;state fire marshal, sho-A,iHg alld deseribiHg the sales loeatioH or display (6) AH applieatioH for a pyr-oteehHie operators permit ttHder- (a)(3) of this paragraph must iHelude proof satisfaetory to the state fire marshal that the applirm (a) has passed a -A,r-itteH examiHatioH admiHistered by the state fire marshal; alld iH this state or holds a valid pyr-oteehHie operators permit or lieeHse from allother- state. (7) AH applieaHt for a fireworks eveHt permit ttHder- (a)(4) of this paragraph or for testiHg ttHder- (a)(5) of this paragraph must hold a valid pyr-oteehHir. operators permit tmder of this paragraph. 99. Chapter 56, SeetioH 5608.2, (Permit applieatioH) is revised by addiHg R fie-A, SeetiOff 5608.2.3 to read! r r rr that,of salable fireworks is void if the iHteHded plaee of sale or use of the permit is withiH a jurisdietioH > has prohibited the sale or use of fireworks or if the permit holder > traHsports, or delivers fireworks to a jurisdietioH that by or-diHaHee has- prohibited the sale or use of fireworks. The State Fire Alarshal may r-evoke a permit or lieeHse if the date set ift the or-der—, 18.72 or the fire eode r-egulatioHs i-H this ehapter iH the same ealeHdar year; or 121 sale,(3) the per-mittee or- lieensee eonduets business in a way that presents an immediate threat to life or- property. State Fire Alar-shal, who will r-eview the r-evoeatioH alld issue a -A,r-itteH deeisioH withiH 10 days after- the appeal. The appeal must be postmar-lied withift seveft days follo-Wifig the dft may fiot apply for- or- be gr-aHted a Hew permit or- lieefise for- the or- display of use, . , " deHsity plastie pipe, or- metal other- thaH east " . , to r-ead2 " prohibited withiH Sewar-d City 5608.11 Retail display alld sale. The retail display ftHd sfile Of fir-e-WOr-lis shfill be . , . . , seHteHee to . "This . " iHstaller- shall submit plaHs for- r-eview before iHstallatioH iH neeor-daHee With 13 AAC 50.027.11 e 122 ; System;Dwelling Units; N.F.P.A. 2001 2012 Clean agent fire extinguishing syste 106. Appendix A,-Board of Appeals,is adopted and r-evised to read! rr of appeals shall be established withiH the jur-isdietioH for- the pur-pose of hear-iHg applieatioHs. for- modifiention of the r-equir-ements of thee international Fire Code. The pr-oeedur-e for- t board of appeals is established iH Sewar-d City Code, Chapter- > > SeetioH rr The r-emainder- of Appendix A is deleted. "APPENDIX PPENDIX K FIRE STATUS D>G PO TTN!''rr provide a legible eopy of all fire system ser-viee reports to the elosest Fire alld Life Safety Offiee as adopted and amended to the 2 12 WC as listed below. Exeeption! industr4al oeetipaneies with a fire system pr-eventive maintenanee program approved by the DivisioH of Fire alld Life Safet�- K102, (Stattis 1) Systems out of ser-viee or-Major-DefieieHeies 2 The fire ser-viee eompaHy shall immediately eontnet the elosest State Fire Alar-shal Offiee, if the system eannot be r-etur-ned first business day.sAIr-itten notifiention shall be faxed to the elosest State Fire Alar-shal Offiee K102.1, Cor-r-eetive AetioH time2 Status I reports shall be r-epair-ed immediately; K102.1.1, For- example but Hot limited to2 K102.1.1.1, Fire Spr-inkler- or- Water- Based 123 2. Damage to fire department eonneetions. 3. No water- to system. 4. Frozen or- other-wise damaged system. K102 Fire Pumps- . , 1. Non wor-king fire pumps. K102. , . , lCitehen Hood Fire Systems: System:1. System eylinder- is not rehar-ged or- leaking. 3. -Plugged disehar-ge nozzles. 5. Gas or- eleetr-ie not shutting down. 1. System eylinder- is not rehar-ged or- leaking. 2. Releasing panel not Nnetionah K103, (Status 2) Systems that have er-itien! defieieney reports shall be pr-ovided to the eloses-t Fire alld Life Safety Offiee withiH 14 days. 124 K103 . , . K103. , For- example (but Hot limited to).2 . , . 1. Five or- more paiHted spr-iHkler- heads iH a eoHeeHtr-ated area or- more thaH 10 iH a ffteility. 2. ChaHge of use that will affeet the per-for-maHee of the spr-iHkler- system. 3. Low water- pr-esstir-e-. 4. AHy other- major- problem that will aMet the per-for-maHee. Fire Pumps- . , 1 3. Fire pump room below 40 degrees. 4. Fire pump Hot meetiHg its rated disehar-ge pr-essur-e or- CPA! flo-A, OVer- R 10 per-eeHt 5. AHy other- major- problem that will affeet the per-for-maHee. K103. , 2. No monitoring on r-equir-ed system. 3. Audio and vistial deviees not wor-king tip to three deviees, over- three deviees status 1. Batteries over-due for- r-epineement. 4. Deteetion not wor-king tip to three deviees, over- three deviees status . 5. Any other- major- problem that will affeet the per-for-manee. K103 . , Kitehen Hood Fire Systems: 1. Hood and duets with heavy gr-ease buildup-. 2. Any other- major- problems that will affeet the per-for-manee. 125 K104, (Status 3) Alinor- defideney reports shall be pr-ovided to the elosest State Fire K104 . , . K105.1 System ser-viee reports shall have the folio-A,iHg iHfor-matioH oH them.2 1. iHspeeti y Hame shall be pr-iHted oH all reports with address alld phoHe K105, (Status 4) System with Ho defieieHeies shall be reported to the elosest State Fire 2. iHspeetor- s first alld last Hame shall be pr-iHted with State of Alaska fire systems permit 4. defieieHeies shall be typed or- -A,r-itteH alld shall be pr-iHted text. No efir-sive or- !oHghaHd haHd-A,r-it* table. Reports shall be -A,r-itteH with a miHimum liHe spaeiHg of a X8 • all reports shall have btiildiHg Hame, oee eeted, oH the first page, alld all subsequeHt pages shall have the bttildiHg Hame ftHd date of iHspeetioH oH the top of the page; 6. all reports shall have the btiildiHg eoHtnet per-soH's Hame with telephoHe Humber- oH the 7. oHly white alld yellow eopies will be aeeepted by the state divisioH of fire ftHd life safety reports submitted; the problem. items haviHg miHor- defieieHeies shall be mailed withiH 30 days to2 State DivisioH of Fire ftHd Life Safety 5700 E. > ; Road, ; 2760 Sher-woodT .,He, Ste_2 u,AtHea t, AK( 9801; PhoHe (lir�rv-7 465-4331 Fax 5521 Systems out of ser-viee alld those with major- defieieHeies shall have a report faxed to the 126 elosest state divisioH of fire alld life safety offiee alld mailed immediately WithiH OHe dfty tO- (Eff, > ; > ; > ; Register- 126i am 8MV96,Register- 139i am > ; am 9454001, ; am > ; > ; (e) The City of Sewar-d shall possess three eopies of the eity desigHated editioH of t !Htematioml Fire Code for- publie > iHspeetioH, A. The International Fire Code, 2021 Edition (IFC) Chapters 13-19, 41-49, 52, and 68-79 are reserved The International Fire Code 2021 Edition (IFC), Chapters I - 12, 20- 40, 50- 51, 53-67, and 80 and Appendices B-I,K,L, and N as approved and published by the International Code Council, and addin,-appendix KK, except as provided in subsection D of this section, are adopted by reference, and hereby desi,-hated and shall be known as the Seward Fire Code and shall constitute a portion of the laws of the City relatin,- to buildin,- re-elation except to the extent that the International Buildin,- Code as adopted by the City shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of the International Fire Code as adopted by the City shall prevail. B. The City of Seward shall possess three copies of the City desi,-hated edition of the International Fire Code, for public use, inspection and examination, so lon'- as the provisions thereof remain in force: one copy is kept in the Seward City Library (239 Sixth Ave) and two sets are kept at the Seward Fire Station (316 Fourth Ave, Seward,AK 99664). C. Copies of the NFPA Standards may be obtained from the National Fire Protection Association, I Batterymarch Park, Quincy, MA 021 69-74 71 or at www.nfpa.or,-. D. Copies of the International Fire Code 2021Edition (IFC) may be obtained from the International Code Council Inc., 900 Montclair Rd, Birmin,-ham,Alabama 35213; Telephone: (888) 422-7233 or at www.iccsafe.or,-. E. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or equip any buildin,- or structure in the city, or cause or permit the same to be done, contrary to any provision of the International Fire Code adopted and incorporated as the Seward Fire Code by this section. F. The International Fire Code (IFC), 2021 Edition, adopted in Subsection A of this section is adopted by reference to re,-elate all occupancies and buildin,-s for the safe,-uardin,- of life and Property from the hazards of fire and explosion arisin,-from the stora,-e, handling, and use of hazardous substances, materials, and devices, and from other conditions hazardous to life and Property, except that the IFC is revised by deletin,-all the references to "ICC Electrical Code " or "NFPA 70" and replacin,- those references with "Electrical Code as adopted by 8 AAC 127 70.025, as amended as of April 16, 2022"and the IFC is revised by deletin,- all references to the "International Plumbin,- Code"and replacin,- them with "Plumbin,- Code as adopted by 8 AAC 63.010, as amended as of April 24, 2020" and the IFC is revised by deletin,- all the references to 'International Fuel Gas Code", with the exception of Chapter 3 Section 304 and Chapters 6 and 7.Additionally, the IFC is chanted with the followin,-revisions: (1) Chapter 1, (Administration) of the IFC, Section 101.1 (Scope and-eneral requirements) is revised to chanze:[NAME OF JURISDICTION]to City of Seward. (2) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by addinjz a new sentence to 105.4.1 to read: "In addition to two sets of printed construction documents, one electronic copy shall be submitted' (3) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by addin,- a new section 105.4.2.2 to read: "105.4.2.2 Fire system plans shall be desi,-ned by a State of Alaska Fire System Permit Holder Level IC,IIC or IIIC in accordance with AS 18.70.090 and 13 AA 50.027 or a professional fire protection enzineer, mechanical enzineer or electrical engineer rezistered under AS 08.48. Plans shall include the followin,-on each drawin,-: 1. Orizinal si,-nature and date on professional seal, or dijzital signature and date on Professional seal. 2.State ofAlaska Fire System Permit license number with permit level desi,-nation or Enzineer license number; and date. (4) Chapter 1, (Administration) of the IFC, Section 105.5 (Required operational permits) is revised by deletin,- all operational permits except for: 105.5.16 Explosives, 105.5.17 Fire Hydrants and valves, 105.5.32 Mobile food preparation vehicles, 105.5.34 Open Burnin,-, 105.5.36 Open flames and candles, 105.5.40 Plant extraction systems, 105.5.41 Private fire hydrants 105.5.42 Pyrotechnic special effects material, 105.5.49 Temporary membrane structures and tents. And addin,- to the last sentence to read. Any fees associated with an operational permit are set by Resolution by the City of Seward Council. (5) Chapter 1, (Administration) of the IFC, Section 105.6 (Required construction permits) is revised by deletin,- all construction permits except for: 105.6.1 Automatic fire extinguisher systems, 105.6.6 Fire alarm and detection systems and related equipment, 105.6.7 Fire pumps and related equipment, 105.6.11 Gates and barricades across fire apparatus access roads, 105.6.17 Plant extraction systems, 105.6.18 Private fire hydrants, 105.6.19 Smoke control or smoke exhaust systems, 105.6.21 Special event structure, 105.6.23 Standpipe systems, 105.6.24 Temporary membrane structures, tents and canopies. (6) Chapter 1, (Administration) of the IFC, Section 107(Fees) is revised by addin,-a sentence at the end to read: "Plan review fees for construction, alteration, repair, or chap,-in,- the occupancy of a buildin,-, a substantial land structure, or structure reg-ulated by the authority 128 havin,-iurisdiction, to include that of Fire system plan review, will be included in the Building Permit fee covered in the International Buildin,- Code Section 109 and SCC. If work is being done contrary to the provisions of this section, the City may order the work stopped by notice in writin,-served on any persons en,-a,-ed in or causin,- the work to be done. The persons doin,- the work shall immediately stop the work until authorized by the Fire Chief or buildin,-official to proceetL" (7) Chapter 1, (Administration)of the IFC,Section 111 (Means ofAppeals)is amended to delete the entire section and replace it with "Appeals of orders, decisions or determinations made by the Fire Chief or buildin,-official relative to the application and interpretation of this code shall be in accordance with Seward City Code Section 9.15.112' (8) Chapter 1, (Administration) of the IFC, Section 112.4 (Violation penalties) is revised by deletin,-: "shall be -uilty of a[specify offensel,punishable by a fine of not more than famountl dollars or by imprisonment not exceedin,- [number of days], or both such fine and imprisonment"; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." (9) Chapter 1, (Administration) of the IFC, Section 113.4 (Failure to comply) is revised by deletin,- "subiect to fines established by the authority Navin,- iurisdiction" and replace with "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." (10) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition of "airport" is revised by deletin,- "with an overall len,-th -reater than 39 feet (11,887 mm) and an overall exterior fuselaze width-reater than 6.6 feet(2,012 mm)". (11) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition for "occupancy classification", the introductory Ian,-ua,-e of the sub-definition of "Educational Group E: Group E, day care facilities" is revised by addin,- a sentence at the end to read. "Family child care homes occupied as their primary residence (Group R-3) operatin,-between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any a,-e without conformin,-to the requirements of a Group E occupancy except for (1) smoke alarms as described in Section 907.2.11.2; (2) carbon monoxide detectors and alarms as specified in Section 908 adherin,- to AS 18.70.095; (3) means of a,-Tess requirements of Section 1003, includin,- emergency escape and rescue openin'-s, as required by Section 1029, in nappin,- or sleepin,-rooms; and(4) fire extinguisher requirements as described in the IFC." (12) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) Occupancy Class, [BGI Residential Group R-3, Lod,-in,-houses (transient) with five or fewer muestrooms and 10 or fewer occupants, is revised to add at the end of the sentence: "with no provisions for cookie,- or warmin,-food in the -uest rooms." (13) Chapter 3, (General requirements)of the IFC,Section 307.2 (Permit required) is revised to read. "Approval. The fire chief may allow a fire for recomnized silvicultural or ran,-e or wildlife mana,-ement practices, prevention, or control of disease or pests, or a bonfire. An application, 129 as required by the fire chief, must be presented by the owner of the land upon which the fire is to be kindled before kindlin,-that fire.' (14)Chapter 3, (General requirements)of the IFC,Section 308.1.1 (Where prohibited)is revised by addin,- a new sentence at the end to read: "No person shall release or cause to be released any unmanned free-floatin,-devices on land, in the air, or on water; containin,-an open flame or other heat source, including sky lanterns." (15) Chapter 3, (General requirements) of the IFC, Section 308.3 (Group A occupancies) is revised to read. "308.3 Group A occupancies. The use of open flame in connection with a public meetin,- or -atherin,- for the purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaitin,-transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the fire department." (16) Chapter 3, (General requirements) of the IFC,Section 311 (Vacant Premises) is revised by deletin,-Section 311.5 (Placards); 07) Chapter 4, (Emer-envy plannin,- and preparedness) of the IFC, Section 401 (General) is revised by addin,-a new section to read: "401.3.4 False alarm char,-es. The owner of a buildink containin,- a fire alarm or fire protection systems shall pay a char,-e in accordance with SCC 9.15.150 for false alarms to which the fire department responds. As used in this Section, "false alarm"means an alarm si,-nal-enerated by a fire alarm system reporting an alarm for which no fire or emer-ency actually exists, and includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include incidents where the detector or system operated as desi,-ned, such as but not limited to, a smoke detector soundin,- from someone smokin,- under the detector or a manual pull station bein,-pulled". (18) Chapter 4, (Emer-ency plannin,- and preparedness) of the IFC, Section 403.4 (Group E occupancies) is revised by addin,- a new section "403.4.4 False Alarms to read: `False alarms may not be counted as a fire drill for the purpose of this section'." (19) Chapter 4, (Emer-ency plannin,-and preparedness) of the IFC,Section 403.9.2.1 (Colleze and university buildin,-s) is revised by addin,-a new section "403.9.2.1.3 False Alarms to read: `False alarms may not be counted as a fire drill for the purpose of this section'. " (20) Chapter 4, (Emer-ency plannin,-and preparedness) of the IFC,Section 405.3 (Frequency) is revised by adding a second sentence at the end of the section to read. "False alarms may not be counted as a fire drill for the purpose of this section." (21) Chapter 4, (Emer-ency plannin,- and preparedness) of the IFC, Section 407.1 (General) is revised to read: "407.1 General. The provisions of Sections 407.2 through 407.7 shall be applicable, in the discretion of the fire chief." (22) Chapter 5, (Fire service features) of the IFC, Section 501.3 (Construction documents) of the IFC, is revised by addin,- a second Para,-raph to read. "The fire chief may require fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire 130 protection and utility equipment identification and access, and emergency responder radio coveraze in accordance with this chapter. Documentation shall be provided indicatin,-that the fire chief has been involved in discussion re,-ardin,- fire apparatus access roads, premises identification, key boxes, fire protection water supplies, fire protection and utility equipment identification and access, and emergency responder radio coverage.': (23) Chapter 5 (Fire service features) of the IFC, Section 507(Fire protection water supplies) of the IFC, amend Section 507.1 by addin,-the followin,-exceptions: "Exception: In areas of the City not served by a water utility the followin,- structures do not require a water supply: 1.Detached one-and two-family dwellin,-s re,-ulated by the International Residential Code and protected throu,-bout by an approved automatic fire sprinkler system; 2. Structures accessory to detached one- and two-family dwellin'-s and re,-ulated by the International Residential Code Navin,-3,000 square feet or less -ross floor area; 3. Structures classified as a Group U occupancy in accordance with the International Building Code having 3,000 square feet or less -ross floor area; 4. Structures classified as a Group U occupancy in accordance with the International Building Code in excess of 3,000 square feet of,-ross floor area and protected throu,-bout by an approved automatic fire sprinkler system; 5. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type I-A or I-B construction in accordance with the International Buildin,- Code; 6. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type II-A construction when Type II B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Buildin,-Code; 7. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type III-A construction when Type III-B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Buildin,-Code; and 8. Buildin,-s protected throu,-bout by an approved automatic fire sprinkler system and constructed of Type V-A construction when Type V-B construction is allowed based on occupancy classification, allowable hei,-ht and allowable area in accordance with the International Building Code." (24) Chapter 5, (Fire service features) of the IFC, Section 507.5.1, (Where required) is revised to read. "507.5.1 Where required. Where a portion of the facility or buildin,- hereafter constructed or moved into or within the City is more than 250 feet(76.20 meters)from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the buildin,-official or fire chief." This section is further revised by deletin,-Exceptions 1 and 2. (25) Chapter 5, (Fire service features) of the IFC, Section 507.5.2 (Inspection, testing and maintenance) is revised to add to the last line, "in accordance with NFPA 291." 131 (26) Chapter 6 (Buildin,- Services and Systems) of the IFC, Section 606.3.3.2 (Grease accumulation) is revised to read. "606.3.3.2 Grease accumulation. If durin,-the inspection it is found that hoods. grease-removal devices, fans, ducts or other appurtenances have an accumulation of-rease, those components shall be cleaned in accordance with NFPA 96 or ANSIAKECA CIO for cleanin,-only. (27) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 901.2 (Construction documents) is revised by addin,- a new sentence at the end to read. "A copy of the completed fire system construction documents shall be kept safe and secured near the riser for the life of the system and available for inspection.' (28) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.4 (Installation) is revised by adding an exception to read. "Exception: Buildin,-s temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. The building is unoccupied, 2. The building is properly secured, 3. All utilities are disconnected and drained, 4. The fire systems are certified as operational before the buildin,-is reoccupied, 5. A 24-hour-a-day fire watch is provided durin,- the interim between when utilities are reactivated, and the fire systems are certified as operational, 6. The fire chief or buildin,-official is notified in writin,-of the closure; and 7. A letter from the insurance carrier, or the owner if self-insured, indicatin,-knowledze of the closure is provided to the fire chief or buildin,-official." (29) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.5 (Installation acceptance testin,-) is revised to read. "901.5Installation acceptance testin,-. Fire detection and alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority Navin,- iurisdiction as to installation and location, and are subject to the acceptance test required by the standard in IFC Table 901.6.1 for the system or appurtenance. Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conductin,-the test to the deferred authority having iurisdiction. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief are subject to the acceptance tests as contained in the installation standards and as approved by the fire chief. The fire chief must be notified before any required testin,-, and all results of the tests must be conveyed to the fire chief within 30 days." (30) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.6 (Inspection, testin,-and maintenance) is revised by addin,-a second paragraph to read. "Supersedin,-other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows: 1. Annually; Exception:Standpipe systems must be inspected, tested, and serviced every five years; 2. After any use or activation; 3. Any time damage is found, 132 4. After repair or alteration; 5. When required by the fire chief or buildin,-official; and 6. After a seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and within 30 days after the inspection or test bein,-completed, a copy of the test report must be forwarded by the person conducting the inspection or test to the fire chief or buildin,- official. The annual fire extin,-uisher testin,-may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(d)." (31) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 901.7(Systems out of service) of the IFC, the first sentence is revised to read. "Where a required fire protection system is out of service for more than ei,-ht hours in a 24-hour period, an impairment plan shall be submitted to the fire chief immediately. Where required by the fire chief, the building shall either be evacuated, or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. A daily fire watch lom will be submitted to the fire chief for each 24-hour period." (32) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 903.2.3 (Group E) is revised to read. "903.2.3 Group E. An automatic sprinkler system must be provided throu,-bout all buildin,-s with Group E occupancies. The use of a fire wall or barrier does not establish a separate buildin,-or fire area for purposes of this section.As determined by the fire chief or buildin,- official an automatic fire-extinmishin- system approved under Section 904 shall be installed in a Group E occupancy in accordance with Section 903.2.3, whenever alterations or additions are made to an existing structure containin,-a Group E occupancy Exception:Buildin,-s with Group E occupancies having an occupant load of 50 or less. An automatic sprinkler system must also be provided for every portion of educational buildin,-s below the level of exit discharge. Family childcare homes that are licensed to care for more than five persons between the hours of 10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system desi,-ned and installed as described in Section 903.3.1.3 or an equivalent system approved by the fire chief or buildin,-official." (33) Chapter 9, (Fire protection and life safety systems) of the IFC. Section 903.2.8 throu'-h 903.2.8.3 is revised to read. "903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throu,-bout buildin,-s containin,- Group R occupancies as provided in this section. 903.2.8.1 Group R-1.An automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-1 occupancy. 903.2.8.2 Group R-2.An automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-2 occupancy. 133 Exceptions: 1. Buildin,-s that are no more than two stories in hei,-ht, including basements and contain four or fewer dwellin,- units. 2. Buildin,-s that are no more than two stories in height, including basements and contain 16 or fewer sleepin,-rooms. For the purpose of this section, fire walls may be used to create up to three separate attached buildin,-s. Any additional buildin,-s must be physically separated in accordance with International Buildin,-Code (IBC) Table 602, as adopted by reference in 13 AAC 50.020. 903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throu,-bout all buildin,-s that contain an R-4 occupancy." (34) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.3.6 (Hose threads) is revised by deletin,- "the fire code official"and replacing it with "AS 18.70.084" (35) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.5 (Testin,-and maintenance) is revised by addin,- a new Section 903.5.1 to read. "903.5.1 Camp relocations. On each portable or relocatable camp move, a plumber certified under AS 18.62 may disconnect and reconnect the fire suppression system. The camp must be certified by an appropriate fire suppression permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation that the system has been placed back in service and is ready for operation. Fire suppression system certification documentation is to be retained on site and available for review upon request.Annual requirements are still required by this code as adopted by reference in 13 AAC 50.025." (36) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903 (Automatic Sprinkler Systems) is revised by addin,-a new Section 903.3.9 to read: "903.3.9 Seismic Desi,-n. Fire sprinkler systems shall have a minimum seismic design coefficient Cp of 0.72 or greater as by NFPA 13." (37) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.4 (Sprinkler system supervision and alarms) is revised by amendin,- exception number I by addin,- the followin,-to the end of the sentence: "not used as an assisted living or custodial care facility." (38) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 904.1 (General) is revised by addin,-a new sentence at the end of the paragraph to read. "Within 30 days after the completion of the installation, a copy of the acceptance test certificate must be forwarded by the firm conductin,-the test to the authority havin,-iurisdiction. (39) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 904.13.5.2 (Extin,-uishin,- system service) is revised by replacin,- "not less frequently than every six months"with "annually". (40) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 906.1 (Where 134 required) is revised by deleting the exception in item 1. (41) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 907.2.3 (Group E) Exception I is revised by replacin,- "50"with "49". (42) Chapter 9, (Fire Protection and life safety systems of the IFC,Section 907.2.11.2 (Groups E,R-2,R-3,R-4, and I-1 1 is revised by addin,-a reference in the section heading to Group E, as indicated, and addin,- a second paragraph to read. "Rooms used for sleeping or napping purposes within a daycare use of a Group E occupancy must be provided with smoke alarms that comply with this section. (43) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.2.11.5 (Interconnection)is revised by addin,-a new Para,-raph to read. "If more than 12 smoke alarms are interconnected the interconnectin,- means must be supervised in accordance with NFPA 72.►► (44) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.7.2 (Record of completion) is revised by adding a second paragraph to read. "Within 30 days after the completion of the installation, a copy of the acceptance test certificate verifyin,-completion in accordance with NFPA 72 must be forwarded by the firm conductin,- the test to the authority havin,-iurisdiction." (45) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.8 (Inspection, testin,- and maintenance) is revised by addin,- a new Section 907.8.6 to read. "907.8.6 Camp relocations. On each portable or relocatable camp move, an electrician certified under AS 18.62 may disconnect and reconnect the fire alarm system. The camp must be certified by an appropriate fire system permit holder under AS 18.70.090 and 13 AA 50.035 to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request. Annual requirements are still required under this code as adopted by reference in 13 AA 50.025." (46) Chapter 9, (Fire protection and life safety systems)of the IFC,Section 909.18(Acceptance testin,-) is revised by addin,- a new sentence at the end of the parawaph to read. "Within 30 days after the completion of the installation, a copy of the smoke control system acceptance testing certificate must be forwarded by the firm conductin,- the test to the authority havin,- iurisdiction.' (47) Chapter 10, (Means of a,-Tess) of the IFC, Section 1001.1 (General) last sentence of the Paragraph is revised by adding at the end "as governed by the provisions ofAS 18.70.080" (48) Chapter 10, (Means of a,-Tess) of the IFC, Section 1009.2 (Continuity and components) is revised by addin,- a component, "11. In all occupancies, surfaces and landin'-s which are part of the exterior a,-Tess to include stairs, ramps, or balconies shall be desi,-ned to minimize the accumulation of snow or ice." 135 (49) Chapter 10, (Means of e,-ress) of the IFC, Table 1020.2 (Corridor fire-resistance rrtin,-) is revised by insertin,- a superscript "e" footnote reference after "R" in the "occupancy" column and is revised by addin,- footnote "e" to read. "R occupancies with an occupant load -reater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not have a sprinkler system and 1. serve four or fewer dwellin,- units or 16 or fewer sleepin'-rooms; and 2. are less than three stories in hei,-ht."; (50) Chapter 10, Section 1031.2 (Where required) of the IFC, is revised by replacin,- the first sentence to read. "In addition to the means of egress required by this chapter provisions shall be made for emergency escape and rescue openin,-s in Group R and I-1 occupancies." (51) Chapter 10, (Means of e,-ress) of the IFC, Section 1031.2 (Where required) is revised by deletin,-Exceptions I & 3. (52) Chapter 11, (Construction requirements for existin'- buildin'-) of the IFC, Section 1103 (Fire safety requirements for existin,- buildin,-) is revised to add Section 11.03.11 to read. "11.03.11 Monitoring. Monitorin,- shall be provided for all existinz occupancies with fire sprinkler or fire alarm systems. Fire sprinkler system monitorin,- shall comply with Sections 903.4 and 903.4.1. Fire alarm monitorin,-shall comply with Section 90766" (53) Chapter 20, (Aviation Facilities) of the IFC, Section 2006.3 (Construction of aircraft- fuelin,- vehicles and accessories) of the IFC, is revised by addin'- an exception to read. "Exception:A vehicle or trailer tank with a capacity of 250-allons or less may be used for non- commercial refuelin,-of private non-commercial aircraft if the followin,-requirements are met. 1. The tank is placarded with no smokin,-si,-ns, the type of fuel contained in the tank, and the tank capacity; 2. The tank and all appurtenances used in the fuelin'-operation are listed and approved for the specific purpose; and 3. Electrical bondin,-is provided as required under Section 2006.3.7." (54) Chapter 23, (Motor fuel-dispensin,- facilities and repair -ara,-es) of the IFC, Section 2311.2.3 (Draina,-e and disposal of liquids and oil-soaked waste)is revised by addin,-a sentence at the end of the Para,-raph to read. "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." (55) Chapter 50, (Hazardous materials meneral provisions) of the IFC, Section 5001.6(Facility closure) is revised by addin,-new sentences at the end of the Para,-raph to read. "The fire chief may require the documentation of the closure plans for the termination of the stora,-e, use, or handlin,- of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include an approved facility closure plan in accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous 136 Materials Mana,-ement Plan and Hazardous Materials Inventory Statement indicated in Sections 5001.5.1 and 5001.5.2." (56) Chapter 56, (Explosives) of the IFC, Section 5601.1 (Scope) is revised to insert "and AS 18.72"after "The provisions of this chapter". (57) Chapter 56, (Explosives) of the IFC, Section 5601.1.1, (Explosive material standard) is revised to read. "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and NFPA 495 shall -overn the manufacture, transportation, stora,-e, sale, handlin,- and use of explosive materials." (58) Chapter 56, (Explosives) of the IFC, Section 5608 (Fireworks Display) 5608.2 (Permit application) is revised to add. "Fireworks Display Permit application must be submitted to the City of Seward to include a site and safety plan, production schedule, copy of the operator's State of Alaska Permit, and certificate of insurance prior to approval by the fire code off ciaL" (59) Chapter 56, (Explosives) of the IFC, Section 5608.6(Installation of mortars) is revised by addin,- a new Section 5608.6.1 to read. "5608.6.1 Mortar construction. Mortars must be constructed of paper, hi,-h density plastic pipe, or metal other than cast iron." (60) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5704.3.5 (Stora,-e in control areas) is revised by deletin-Section 5704.3.5.1 (Basement stora,-e). (61) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5706.3 (Well drillin,- and operatin,-) is revised by addin,- a second sentence to read. "This section does not apply to offshore oil Platforms.' (62) Chapter 58, (Flammable -ases and flammable cryo,-epic fluids) of the IFC, Section 5801 (General) is revised by addin,- a new Section 5801.3 to read. "5801.3 Plan review. Where a sin,-le container is over 500-,-allon (1,892.7 L) water capacity or the a,-,-re,-ate capacity of containers is over 500-,-allon (1,892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AA 50.027." (63)Chapter 80(Referenced Standards)o f the IFC,is revised to amend the Reference Standards asfollows: "Add NFPA 291-19 Recommended Practice for Fire Flow Testin,-...Ref. 507.5.2." (64) Appendix B. (Fire-Flow requirements for buildin,-s) of the IFC, Section B105.1 (One-and two-family dwellin,-s Group R-3 and R-4 buildin,-s and townhouses) is revised by addin,- the followin,- exception: "Exception: Buildin,-s protected throukhout with an approved automatic fire sprinkler system" (65)Appendices, the appendices of the IFC are amended by addin,-Appendix KK to read. "APPENDIX KK FIRE STATUS REPORTING 137 KKI01 Scope.All fire alarm and protection service companies providin'-services in the City of Seward shall provide a lezible copy of all fire system service reports to the City as adopted and amended in the IFC 2021 Edition as listed in this appendix. Exception:Industrial occupancies with a fire system preventive maintenance pro,-ram approved by the division of fire and life safety. This appendix contains contact information. KKIO2 Status 1. Systems out of service or maior deficiencies. The fire service company shall immediately contact the Fire Chief if the system cannot be returned to service. On a weekend or after hours, contact, Seward Dispatch at. 907-224-3338 and request the on-call fire officer be contacted. Written notification shall be sent by facsimile transmission or email to the Fire Chief within 24 hours from the time the system first could not be returned to service. KKIO2.1 Corrective action time. Status I systems shall be repaired immediately, and a Fire Watch implemented prior to any occupation of the building. KK102.1.1 For example but not limited to KKIO2.1.1.1 Fire sprinkler or water-based systems: 1. Non-working flow/pressure switches. 2. Damaze to fire department connections. 3. No water to system. 4. Frozen or otherwise damaged system. KKIO2.1.1.2 Fire pumps: 1. Non-workin,-fire pumps. 2. Fire pump controls not workin,-or malfunctioninz. KKIO2.1.1.3 Fire alarm systems (detection and alarm): 1. Non-workin,-fire alarm panel. 2. Malfunctionin,-fire alarm panel. 3. Audio and visual devices not working entire loop. 4. Detection not workin,-entire detection loop. 5. Loss of pro,-rammin,-. KKIO2.1.1.4 Kitchen hood fire systems: 1. System cylinder is not charged or leaking. 2. Appliance not properly covered due to rearran-ement of appliances. 3. Plu,-,-ed discharge nozzles. 4. Automatic detection not functional. 5. Gas or electric not shuttin,-down. KKIO2.1.1.5 Clean anent or special hazard system: 1. System cylinder is not charged or leaking. 2. Releasin,-panel not functional. 138 KKI03 Status 2. Critical deficiencies. If systems have critical deficiency reports, the critical deficiency reports shall be provided to the Fire Chief within 14 days from the date of initial receipt of the critical deficiency report. KKI03.1 Corrective action time. Status 2 systems shall be repaired within 14 days. KKI03.1.1 For example but not limited to KKI03.1.1.1 Fire sprinkler or water-based system: 1. Five or more painted sprinkler heads in a concentrated area or more than 1 o in a facility. 2. Chan,-e of use that will affect the performance of the sprinkler system. 3. Low water pressure. 4. No monitorin,- on required systems. 5. Any other maior problem that will affect the performance. KKI03.1.1.2 Fire pumps: 1. Low fuel 2. Pump packin,-leakin,-beyond specifications. 3. Fire pump room below 40 de,-rees. 4. Fire pump not meetin,-its rated discharge pressure or GPM flow over a 10 percent difference. 5. Any other maior problem that will affect the performance. KKI03.1.1.3 Fire alarm systems (detection and alarm): 1. Batteries overdue for replacement. 2. No monitorin,- on required system. 3. Audio and visual devices not workin,-- up to three devices, over three devices Status 1. 4. Detection not workin,-- up to three devices, over three devices Status 1. 5. Any other maior problem that will affect the performance. KKI03.1.1.4 Kitchen hood fire systems: 1. Hood and ducts with heavy -rease buildup. 2. Any other maior problems that will affect the performance. KK104 Status 3. Minor deficiencies. Minor deficiency reports shall be provided to the authority havin,-iurisdiction or closest state division of fire and life safety office within 30 days. These deficiencies will not affect the performance of the system. KKI04.1 Corrective action time. Status 3 systems shall be repaired within 30 days. KK105 Status 4. No deficiencies. Systems with no deficiencies shall be reported to the authority havin,-iurisdiction or closest state division of fire and life safety office within 30 days. KKI 06 Information to be provided System service reports shall have the followin,-information asfollows: 1. The inspection company name shall be printed on all reports with the company's address and 139 telephone number. 2. The inspector's first and last name shall be printed with the permit number of the inspector's fire systems permit required under AS 18.70.090 and 13 AA 50.035. 3. The inspector's office telephone number shall be printed, and the inspector's cellular telephone number, if available, shall also be printed. 4. Deficiencies shall be typed or written and shall be printed text. No cursive or Ion,-hand handwritiez is acceptable. Typed reports shall use at least 10-point font and handwritten reports shall use at least 318 inch spacinz between lines. 5. All reports shall have the buildinz name, occupancy inspected, and address clearly identified on the first page, and all subsequent pages shall have the buildinz name and date of inspection on the top of the pate. 6. All reports shall have the buildinz contact person's name with telephone number on the front pate. 7. Only white and yellow copies will be accepted by the City of Seward for reports submitted. 8. Deficiency write ups must include the code provision beinz violated and a description of the problem. 9.All reports must include the Status Number on the first pate of the report. 10.All Corrective Actions Reports shall be sent within 30 days of work completion. All system service reports shall be sent to: Seward Fire Department Po Box 167, Seward,AK 99664; Phone 907-224-3445, Fax 907-224-8633, Email.sewardfd(a-,cityofseward.net Systems out of service and those with maior deficiencies shall have a report faxed or emailed to the Seward Fire Department and mailed immediately within one day to the address listed in this appendix. 9.15.112 -International Fire Code—Enforcement, appeals. A. {a}Any person aggrieved by an administrative officer's interpretation and enforcement of the International Fire Code may appeal the administrative ruling to the city council if such appeal is filed within ten calendar days of notification of the administrative ruling being appealed. B. b)-Appeals shall be in writing, filed with the city clerk and shall contain the appellant's name and address, a description of the administrative ruling being appealed, the reason why the ruling is grievous to the appellant, and any documents the appellant wishes the council to consider. C. (e)-Upon receipt of the written appeal, the clerk shall schedule the matter for public hearing at a regular city council meeting, to be held within thirty calendar days of receipt of the appeal. The clerk shall notify the appellant in writing of the public hearing date. D. WThe clerk shall provide copies of the appeal to the administrative official whose ruling is being appealed. The administrative official shall prepare a written report of the events which preceded the appellant's filing, including a recitation of the code provision or regulation and the 140 ruling being appealed. The administrative official shall attach to his report copies of all applications, denials, correspondence or other writings relating to the matter being appealed. The clerk shall provide council with copies of the administrative report and the appellant's filing prior to the public hearing. E. (e)-It is the burden of the appellant to submit such evidence, including engineering and other technical studies, in support of his appeal, as may be necessary to enable the council to reach a decision. Upon a showing of good cause,the council may continue the hearing for presentation of such information;provided, however, that the council shall render a decision of the appeal within 40 calendar days of its filing. F. {#}The council shall either affirm or reverse the administrative official's ruling, in whole or in part. The council may vote to reverse, in whole or in part, only if it finds the appellant has proven the following: (1) The relief sought will not result in a violation of any applicable federal or state regulation; (2) The relief sought is in harmony with established city codes,policies and procedures; (3)The relief sought will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties; and (4) Public services and fire protection are not impaired and are adequate to meet any new requirements resulting from granting the relief sought, and it will not significantly increase the cost of operations of public service and fire protection agencies. A decision may be made subject to the appellant's compliance with terms and conditions deemed necessary by the council. G. {g}In rendering its decision, the council shall issue written findings of fact and conclusions of law. The council's decision shall be final. The appellant may appeal the decision to the superior court if such appeal is filed within 30 days of the decision. H. {h}The city clerk shall provide the appellant written notification of council's decision within ten days of the decision. 9.15.120 -Fire hazards—Right of entry for purposes of inspection. The fire chief, or his appointed representative, shall be permitted access to any building or area for purposes of inspecting the same for fire hazards and conditions pertaining to safety and welfare of the city, at any reasonable hour of the day. 9.15.125 -Fire hazards—Reports. If upon inspection a building or area is found to harbor or constitute a fire safety hazard,the person making the inspection shall prepare a written report specifying such hazards and conditions. The report shall contain the name of the inspector and the date and hour that the inspection was made. A copy of the report shall remain in the fire department files, and a copy shall be personally 141 delivered or mailed via certified mail or emailed to the owner or agent and to any occupant of the premises. PM question to Brooks can we use email as a form of communication? The RMS automatically emails the owner. 9.15.130 - Fire hazards—Time limit for correction. When any fire inspection has been made, the chief of the department shall specify a certain time and date that all hazardous and unsafe conditions, if found, shall be corrected. The owner of any building or area shall be notified of the date and time that conditions must be corrected. This information shall be stated on the inspection report specified in section 9.15.125. It shall be the responsibility of the fire chief to further inspect the premises on the date specified and if the hazardous or unsafe condition has not been corrected he shall issue a violation citation without further dela . : I'm curious about this wording, how would we go about issuing a violation citation? Would PD do this? 9.15.135 -Applicability of building code fire requirement. All buildings erected within the city shall conform to the building code in all matters pertaining to fire prevention and any building remodeled or rehabilitated shall meet the same specifications (see §§ 12.05.010 and 12.05.015). 9.15.140 -Building partly destroyed or damaged. Any building which has been damaged by fire, natural or man-made or- other disaster, weather- related event, or that is otherwise structurally compromised shall be immediately boarded up or fenced around so that the public cannot have access to the same. If any building has been over 50 percent damaged, the fire chief shall notify the owner that the building is to be demolished and shall specify the date that work is to be completed. When any building is demolished the area is to be cleared of all debris and if the building was constructed over a basement the same shall be filled in, unless the owner plans on constructing a new building over the basement, in which case a building permit must be secured immediately from the city building department. 9.15.145 -Burning permits. Under certain conditions the fire chief may issue a burning permit. When a permit is requested the fire chief or designee shall make a thorough inspection of the immediate area and shall determine whether or not, in his opinion, it is safe to allow burning in the area. The permit, if issued, shall be for a specific date and time. The city, or the fire chief, shall be saved harmless and free from all liabilities, claims, demands, suits,judgments and actions of any nature whatsoever arising out of issuing the burning permit. 9.15.150 -False alarm. 142 A_{&}No person shall cause, permit, make, or give a false alarm that a fire or other incident dangerous to life or property, that would require emergency response, has occurred or is about to occur. B.Jb}A false alarm for a building alarm system shall be defined as an alarm generated when no fire or emergency exists; it includes system malfunctions, faulty operation of detectors, and intentional activations of an alarm system(malicious mischief).It does not include incidents where the alarm system operated as designed but was activated accidentally or with good intent. C. O*The owner of a building that contains a building alarm system shall pay to the city a charge for each false alarm responded to by the fire department. The amount of the charge shall be set in a schedule adopted by council resolution. The payment shall be due within 30 days of the billing date by the city,as printed on the invoice. The bill shall be considered late when the building owner fails to make payment within 30 days of the invoice date. Failure to make timely payment will subject the building owner to a late payment charge set by resolution. Interest at a rate set by resolution shall also accrue on the account beginning 30 days from the date of the invoice until paid in full. If the building owner fails to pay the charges in the manner provided by the city, the city may seek payment by any lawful means. D. WThe fire chief or his/her designee, may delay the imposition of the false alarm charge by an agreement in writing if the owner of the building is working diligently with the fire department to correct the cause of the problem with the system and such corrective action is diligently pursued until the problem is corrected. Reasons supporting such a delay may include the unavailability of a licensed technician or waiting on parts for repair. The chief must submit to the city manager the reasons for granting the delay, the written agreement, and the time frame it will be in effect. The city may reinstate the charges if the building owner fails to complete the correction within the time frame established by the written agreement. E. {e)-The charge imposed by this section shall not apply to buildings occupied by a local, state, or federal governmental entity if (1) the governmental entity provides on-site building maintenance, management, or security personnel, 24 hours a day, seven days a week, who have the ability and authority to confirm a false alarm, and(2)the governmental entity provides the city an on-site, 24 hour a day, telephone contact number that is immediately answered by such personnel. Article 2. -Volunteer Fire Department * Footnote: See Sec. 2.25.050 and Sec. 2.25.055 as to fire department creation,powers and duties. 9.15.210 Volunteer fire department established. (a) There is presently operating ivithin the eity a volunteer fire department ivhieh shall eensist of not less than 2-4 members and may ineltide additional member-s� pr-evided, that the fire ehief deems it advisable.There may also be an auxiliary department formed for purpo department, ivhile nefing in sueh eapneivy, shall give str*ef obedienee to the orders of their 143 Chief.(b) The fire ehief shall be the pr-iHeipal offieer- of the voltmteer- fire depar-tmeHt. He shall be > > Code,this > tr-niHiHg of members alld the per-for-maHee of all other- duties imposed upoH him-, (4) A4aiHtaiH a library or- file of publieatioHs oH fire pr-eveHtioH alld fire pr-oteetioH alld shaff make use of it to the best advaHtage of all members; > supply at least twiee eneh year-; per-for-maHee of their- duties; the-ease; (9) Keep eit4eHs well iHfor-med of fire hazards iH the eommtmity ftHd OH Retivities of the (b) Deputy ehief-. The deputy ehief shall net as head of the depar-tmeHt iH the abseHee of the fire ehief-, alld shall be r-espoHsible for- publie edtteatioH alld fire iHspeetioH programs alld rF'-i'ie vii•••r-s. There shall e a first assistaH+ •hief ftH a seeoHd assist ehief-,who shall report to the ehief at fir-es alld assist him iH the disehar-ge of his duties. lH 144 depar-tmefit afid shall be held r-espofisible ther-efor- ift all r-espeets, with the full power-s afid ehief- > > r-espoHsibilifies of the ehief. 9.15.220 Reeer-ds to be maiHWHed-. The fire ehief shall be r-espoHsible for- all depar-tmeHt r-eeor-ds whieh shall be ffifliHtfliHed oH a eur-r-eHt basis at all times. Those r-eeor-ds that shall be maiHtaiHed are as foliows-L. (2) City map, posted iH the fire hall, showiHg loeatioH of all fire hydr-aHtsj (6) Reports of fire loss-,L 9.15.225 -Report of conditions of fire hydrants. The fire chief or his representative shall report any fire hydrant which is not operating properly or that has in any way caused the department trouble during a fire or drill. This report shall be filed with the public works department for immediate attention and correction. The fire chief may recommend, in writing, the installation of additional hydrants in any area that he deems has inadequate facilities. This recommendation shall point out the specific area to be covered by the installation and other information he believes should be considered. 9.15.230 - Fire reports. The fire chief shall prepare a written report, in duplicate, on each fire within the city. This report shall include information as to location,time and date of alarm,extent of damage to building and/or contents and the chief s estimate of dollar damage suffered. The original of this report shall remain in the department files 4om time of fire. Annual dues to fir-emen's and ehiefs' assoeintions and the National Fire Pr-oteetiol+ AssoeiatioH shall be legitimate expeHditttr-es of the fire depar-tmeHt. 145 9.1-4.240 Fire alar-m signals. Fire alar-m signals shall be stfeh its pr-eser-ibed by the ehief-, and it shall be his duty to test or- have tested at regularly designated times the fire alarm system to see that it is �vorking pr-oper-lyL 9.15.245 -Housing of fire equipment. The fire equipment of the city shall be housed in the city fire hall at all times unless on call,practice drills or other authorized purposes. The city fire hall shall be considered off limits to anyone other than authorized personnel unless the fire chief or an attendant is in the building. 9.15.250 -Damaging, etc. fire apparatus. It shall be unlawful for any person or group of persons to damage or attempt to damage in any manner any piece of fire fighting equipment or apparatus belonging to the city. 9.15.255 -Maintenance of adequate equipment within city; service outside of city. A. (a*The fire fighting apparatus is the property of the residents of the city and is purchased and maintained from general fund appropriations derived from general taxes and, therefore, is mainly for the safety and protection of city residents. The fire chief shall be responsible for maintaining adequate fire fighting equipment and manpower on call at all times to combat any fire within the city. B. Residents outside the city may be given assistance by the department in case of fire or disaster, but at no time will equipment or manpower be dispatched outside the city in any number which will leave the city without adequate fire protection. Article 3. -Explosives 9.15.310 - Permits. A. (a)-lt shall be unlawful for any person to discharge, load,transport, handle use and/or store any explosive within the city without first obtaining an appropriate permit from the re chief and,where applicable,from the U.S. Coast Guard captain of the port,as hereinafter provided; nor shall any explosives be discharged on or loaded from any wharf, pier, dock or vessel within the city without such permits. Any explosives authorized for such handling shall be immediately removed from the wharf, pier or dock area unless a special authorization permit is obtained from the ire chie and the captain of the port to defer such immediate removal. The manager- fire chie shall be authorized to issue any explosives handling permit upon such terms and conditions as he/she may deem appropriate in the public interest.However, any person seeking to obtain such permit, other than any bureau, department, agency or arm of the United States government, or of the government of the state,the federal and state governments being considered to be self insurers, shall pay a permit fee and furnish a bond or,in lieu thereof, evidence of liability insurance, in the sums and manner hereinafter provided; and shall further be required to execute a 146 document of indemnity as hereinafter provided. Permits for discharge, loading, transport, handle and short term use (up to 72 hours) shall not extend beyond 72 hours, and a permit fee as set by resolution shall accompany each application, except as hereinabove provided. Permits for permanent storage and for long term use (exceeding 72 hours) shall not extend over a year. All requirements of the International Fire Code Chapter 33 are mandatory and a permit fee as set by resolution shall accompany each application for storage except as hereinabove provided. Permits may be specific as to location of discharge, loading, transport, handling, use and/or storage. B. {b}When the Alaska Railroad engages in explosives handling activities, it shall not be required to furnish bond or evidence of insurance coverage, nor be required to execute a document of indemnity in favor of the city for any loss or damage resulting from such explosives handling. Nevertheless,the Alaska Railroad shall coordinate such activities with the city, and the coast guard captain of the port where applicable, by obtaining the aforementioned explosives handling permit or permits. In addition, when the Alaska Railroad, as a common carrier, performs explosives handling activities for third-party consignors or consignees,such clients or customers of the Alaska Railroad shall be required to pay the aforementioned daily permit fee to the city for all explosives handled in or transported through the city. However, no person shall be required to procure more than one permit for any given shipment of explosives. C. {c}"Explosives," for the purpose of this code, shall be defined in the International Fire Code Chapter 33. "Explosives," as used herein, shall include all "Class A" or dangerous explosives, as outlined in 46 Code of Federal Regulations 146, and shall further include detonators and fuses. "Explosives," as used in this article, shall not include inflammable, combustible or corrosive liquids or solids, or compressed gases, poisons or radioactive or other hazardous materials not covered in the description above. D. { }Documentation of the following items must be presented to the ire chie for issuance of a permit: (1) A bond or a certificate of insurance as set out in § 9.15.315. The permit will be revoked if the bond or insurance coverage is canceled; (2) A schedule of loading, unloading, transporting, etc., of the explosives; (3) Amount and type of explosives, blasting agents, etc., to be transported, loaded, discharged, used or stored; (4)Provide examples of the markings on the containers; (5) Copy of ship's manifest and cargo stowage plan, if applicable. Vehicle traffic will need to provide a copy of shipping documents and travel route; (6) Copy of City of Seward terminal use permit, to be obtained from the harbor master's office, if applicable; (7) Contact person(s),phone numbers, address; 147 a Company name and contact person,phone number(s); b Site personnel, name,phone number(s). (8) A document of indemnity must be signed and notarized. 9.15.315 -Bond or insurance requirements; document of indemnity. A_(a)-Before any explosive handling permit is issued by the ire chie to any applicant other than a bureau, department, agency or arm of the United States government, or the government of the state, the applicant shall furnish an indemnity bond in an amount and with sureties deemed adequate by the ire chie , which bond shall become available for the payment of any damage to public or private property and the payment of any personal injuries resulting from such handling. B.Jb}In lieu of the bond indicated in subsection (a) of this section, the applicant may furnish the city with certificates of insurance, with stipulation thereon that the city will be given 15 days' notice of intent to cancel, evidencing liability coverage in an amount deemed adequate by the manager- tire chie (1) Certificate of insurance proving coverage not less than $1,000,000.00 against bodily injury liability per individual, per accident, and against property damage liability, or as determined by the City of Seward's risk manager. The applicable certificate of insurance shall clearly show that the property damage liability coverage includes hazards from explosion, collapse and damage to underground wires, conduits,pipes, fittings, mains, sewers or other similar property. (2)Workmen's compensation insurance in accordance with the laws of the state, required whether hazard is covered by bond or insurance. C. (e)-In addition to compliance with the provisions of this section outlined above, an applicant for an explosives handling permit shall be required to furnish the city with an executed document of indemnity with adequate sureties saving the city harmless against any loss or damage. Including attorney fees from accident, or injuries to persons or property arising out of the work for which the permit is issued. D. ( )-Any insurance required under this section shall include as additional insureds: the City of Seward, and including all elected and appointed officials, all employee volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage shall be primary to the additional insureds, and not contributing with any other insurance or similar protection available to the additional insureds, whether said or other available coverage be primary, contributing or excess. E. {e)-All safety precautions as required by the International Fire Code and United States Coast Guard will be documented and provided to the ire chie prior to the issuance of a permit. Site inspections may be performed by the fire department. 148 F. (4)-Permanent storage areas must comply with the requirements of International Fire Code Chapter 33 and must have an annual inspection prior to the issuance of a permit. 9.15.320 -Loading or discharging generally. shall be unlawful for any water carrier to tie up at any dock within the city carrying a greater limit of explosives than from time to time authorized for the various docks within the city by the U.S. Coast Guard Captain of the port. B. (b)-It shall be the responsibility of the vessel master or agent to notify the coast guard captain of the port in writing of explosives shipments entering or leaving via the port, and to secure a coast guard permit to load or discharge explosives. A separate permit is required for both the loading and discharge operations. Application for the permit,together with a manifest and a cargo stowage plan, must be submitted to the coast guard captain of the port not less than seven working days prior to the desired date of loading or unloading of the explosives, in order that arrangements can be made to have a coast guard explosive handling supervisor on the scene at the proper time. The captain of the port is to be notified at the Marine Safety Office in Anchorage, Alaska. Telephone or telegraphic notice may be utilized in emergency circumstances requiring shorter notice; however,written application must follow as soon as practicable thereafter. A separate permit must be obtained from the City of Seward Fire Department. C. e)-All explosives loading, unloading and movement via railroad, truck or other land transport, or loading or unloading of explosives on aircraft shall be accomplished in accordance with the applicable provisions of this chapter, of the Interstate Commerce Commission explosives handling regulations promulgated in 49 Code of Federal Regulations 71 through 78, and of other applicable federal and state regulations. 9.15.330 -Display of danger signals; supervision of explosives handling. A. (a)-It shall be unlawful for any person to load or discharge any explosives into or from a vessel in the port unless such actions are in compliance with the requirements of CFR Part 49, Section 176.176, no fire or welding operations or smoking shall be permitted on board such vessel; provided, that in the case of steam vessels, fire may be allowed in the furnaces, but any such explosives shall be discharged or loaded as far from the center of the fire boiler area as possible. In the discretion of the captain of the port or his designee any of the foregoing provisions of this section may be modified or suspended, or additional provisions devised and enforced. B_{b)-In the absence of a coast guard explosives handling supervisor being assigned to the explosives handling activity, a properly qualified watchman or supervisor supplied by the permittee and approved by the ire chie shall supervise the operation for safety precautions and proper handling, and this service shall be maintained at the expense of the owners of such explosives cargo, in order to safeguard the public. ._(e)-Vehicles transporting explosive material shall be in compliance with the International Fire Code Chapter 33 and Department of Transportation requirements. Vehicles transporting explosive material shall display placards as required by the Department of Transportation. Vehicles 149 transporting the explosives shall be routed to avoid congested and heavily-populated areas. Prior to transportation the routes of travel and times must be provided to the Fire Department, Police Department, and Alaska State Troopers. Vehicles carrying explosives shall not be left unattended. D. { }Areas where loading, discharge, handling are conducted from a vehicle must be clearly identified and secure to prevent unauthorized personnel from entering the area. Areas where explosives are in use must comply with the section of International Fire Code Chapter 33. All access to areas for loading, discharge, handling and use shall be in compliance with International Fire Code Chapter 33 Storage areas shall comply with International Fire Code Chapter 33. 9.15.335 -Blasting. No person shall blast or carry on any blasting operations without first having obtained a permit from the eity manager fire chie . Before any such permit is issued, the applicants therefor shall comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of workmen's compensation coverage and execution of the document of indemnity. In addition to the above requirements, the ire chie , or his designee who is knowledgeable as to the hazards and safety requirements of explosives handling,shall be provided a blasting operation plan which will cover all aspects of the operation. This plan must be approved by the re chief, or his designee, prior to any blasting operation being conducted. The ire chief, or his designee may be in attendance at the scene of operations while blasting is being performed, and the applicant shall reimburse the city for the cost of providing such safety inspection and supervision. 9.15.340 -Explosive material storage. Permanent storage of explosives shall only be in designated industrial areas and in compliance with the International Fire Code Chapter 33. Permits for the storage site must be obtained from the Lire chief, and all the requirements for these sites must be met prior to the issuance of the permit. Permits shall be valid on a calendar year basis. 9.15.345 - Safety precautions and practices. In all explosives handling, all safety precautions prescribed by Underwriters Laboratories and standard practices for the handling or explosives, detonators and fuses must be observed. 9.15.350 -Petroleum and gas storage tanks. fL {a+-Except as provided in subsections (b) and (c) herein, the construction, enlargement, or relocation of above-ground storage tanks for bulk petroleum or gas is prohibited in the city. B. }Above-ground storage tanks for bulk petroleum or gas shall be allowed in the industrial (1) district and institutional district(INS), provided that a permit is obtained from the fire chief. C. e)-Above-ground vehicle fuel dispensing tanks measuring 2,000 to 5,000 gallons in size shall be allowed in the industrial(I)district,the auto commercial(AC)district and the institutional(INS) 150 district, provided that a permit is obtained from the fire chief. All above-ground vehicle fuel dispensing tanks shall be installed in accordance with the International Fire Code and the criteria established by the State Fire Marshal's office. Chapter 9.20 -Public Nuisances 9.20.010 -Definitions; violations; administration. A_(a)-"Public nuisances" shall include, but not be limited to, whatever is forbidden by any provision of this chapter. B_(b)-It shall be unlawful for any person to commit, create or maintain any public nuisance enumerated in § 9.20.015. C. (}The city manager, fire chief, police chief or their designated representatives are hereby authorized to enforce the provisions of this chapter. When used in this chapter"abatement official" shall include these officials or their designated representatives. 9.20.015 -Enumerated. * * Footnote: See Sec. 7.10.216 as to noise restrictions in the sal boat harbor; see Sec. 9.05.145 as to noisy animals; see Sec. 11.10.160 as to vehicle noise. A. The following acts and conditions shall constitute a public nuisance: (1) Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property; (2) Making or causing to be made any unnecessary or unusual noise which either annoys, injures or endangers the comfort, repose, health of safety of the public, except as otherwise permitted in this code, and any such noise within 150 feet of any hospital or other institution reserved for the sick or any school, whenever the institution is posted calling for special attention against noise. The police chief shall order the placing of such signs calling for special attention against noise he deems necessary within 150 feet of any portion of the grounds and premises on which is located a hospital, other institution reserved for the sick or a school; (3) Using, playing or praetieing upon any musien! instrument upon any streets, alley or- publie phtee,withetit it wr-iffen permit from the poliee ehief-, or- unless permitted in this eode� L�L(4)-Using, for the purpose of attracting the attention of the public, any radio, recording music or sound amplifying device of any kind, the sound from which is cast directly upon a street, alley or public place. This subsection should not apply to devices officially used by governmental units. The city manager shall have the authority, on written application to him, to permit the broadcast by use of sound amplifying devices under conditions prescribed by him; 151 j�IL(5}Operating or using any pile driver,power shovel,pneumatic hammer or other apparatus the use of which is attended by loud or unusual noise, in conducting any building operations between the hours of 10:00 p.m. and 7:00 a.m., except by written permission of the city manager; LL(6)-Operating any internal combustion engine, or noise-creating blower or power fan, unless the noise made thereby is so muffled as not to cause annoyance to the public; LL(7+Disposing of any refuse,garbage,manure,waste or other materials except at refuse disposal sites which have been approved and are supervised by the state health officer, borough health officer or city manager, and which are clearly marked for such purpose; LL(8)-Dumping, abandoning, throwing, scattering or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not his own, or as to cause the obstruction of any ditch, drain or gutter, except as permitted in refuse disposal sites under subsection (7) of this section; j�&_(1)—Knowingly or wantonly operating or causing to be operated any machine, device or apparatus of any kind whatsoever within the corporate limits of the city between the hours of 10:00 a.m. and 12:00 midnight, the operation of which shall cause reasonably preventable electrical interference in the operation of any radio or television receiving set or with radio or television reception within the city, , . itions or- treatment may be made at any time if the maehines or- appar-attis itsed theiree-foir aar-e pr-oper-ly equipped to avoid all tinneeessar-y or- reasonably preventable inter-fer-enee with stieh radio or- television r-eeepfio*,- and are not negligently operated-, LLO-O}Any well, swimming pool or other dangerous excavation in the earth kept, maintained or permitted in an uncovered, unprotected, unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city; 10 (4)-Buildings which are unoccupied and open to ingress and egress and which should be locked up, boarded up or otherwise secured from ingress or egress; 11 (WUnpainted buildings in a dry, rotten or warped condition; 12 (13)--Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief, 13 (14)-Overgrown vegetation causing detriment to neighboring properties or property values; 14 {1-5}Dead trees, weeds or debris: a Constituting unsightly appearance; b Dangerous to public safety and welfare; c Detrimental to nearby property or property values. 152 IS (16)-Trailers, campers, boats and other mobile equipment stored for unreasonable periods in unsheltered front yard areas, 30 days being prima facie evidence of an unreasonable period; BC Note: Is this requirement ignored? 16 (P+Attractive nuisances dangerous to children in the form of: a Abandoned and broken equipment; b Hazardous pools,ponds and excavations; c Neglected machinery; d Abandoned refrigerators; e Abandoned automobiles or cabinets. 17 (18)-Broken or discarded furniture and household equipment in yard areas for unreasonable periods, seven days being prima facie evidence of an unreasonable period; 18 (19}Clothes lines in front yard areas; L9 {24}Garbage cans stored in front or side yards and visible from public streets; 20 4WPacking boxes and other debris stored in yards and visible from public streets for unreasonable periods, seven days being prima facie evidence of an unreasonable period; 21 {2}Neglect of premises: a To spite neighbors; b To influence zone changes; c To cause detrimental effect upon nearby property or property values. 22 (23�-Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to nearby properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: a Lumber,junk, trash or debris; b Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; c Stagnant water or excavations; d Any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location. 23 (24}Emitting or discarding any lint or other waste from any laundry or dry cleaning premises or any kind whatsoever. 9.20.020 -Junked or abandoned vehicles. A. (a}It shall be unlawful for any person to place (1)upon public property not set aside by law as 153 a refuse disposal,or(2)upon any private property, except licensed junk yards,any wrecked,junked or abandoned vehicle. B.Jb}It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle. C. {+Any violation of subsections (a) or (b) shall constitute a public nuisance. The costs of abatement may be charged or assessed by the city council as provided by section 9.20.085(b) against any or all of the following: (1) The vehicle; (2) The registered owner of the vehicle; (3) Any person who has acquired the right to possession of the vehicle from or through the registered owner; (4) Any person in violation of subsection (a) or(b) of this section; and (5) The owner, leasee, agent, tenant or person in control of the property where the vehicle was situated at the time of the notice to abate. D. WAs used in this section: (1) The term "abandoned" includes any vehicle which at the time of the notice of abandonment is: a Not licensed as a motor vehicle in compliance with the laws of this state; b Cannot be operated as a motor vehicle in compliance with the laws of this state because of mechanical failure. (2) The term 'vehicle" means any motor vehicle as defined in this code and includes any body or part of any such motor vehicle. E. f e}A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs and is without available funds to obtain the required license or to make such repairs may apply to the city manager for a permit to keep the vehicle upon the premises. 9.20.025 -Emission of dense smoke. * * Footnote: See Sec. 11.10.160 as to vehicle smoke emissions. A. (Olt shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann Chart. The emission of any such dense smoke is declared to be a public nuisance 154 and may be summarily abated by the abatement official. This section shall not apply to: (1) The circumstance when a fire-box, furnace, boiler, locomotive or other fuel consuming device is being cleaned out and a new fire is being built therein, in which event the smoke of a density greater than that described on the Ringlemann Chart shall be permitted for a period of not to exceed six minutes in any single period of 60 minutes; (2) Smoke from fires set by or permitted by any official if such fire is set or permission given in the performance of the official duties of such officer, and such fire in the opinion of such officer is necessary: a For the purpose of the prevention of a fire hazard which cannot be abated by any other means; b The instruction of public employees in the methods of fire fighting. B. (b)-Ringlemann Chart. (1)The"Ringlemann Chart" is a chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light- obscuring smoke density. (2) The Ringlemann number is the number appearing on the Ringlemann Chart described by the observer to the density of smoke emission. (3) The use of the chart will be made by placing it at such distance from the observer so that the smoke appears as even shades of coloring or when no white spaces between the lines are visible. Measurements shall be taken at the point of greatest density, which will usually be at the point of emission. Comparison of the smoke and observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall not be less than 100 feet nor more than one-quarter mile from the smoke observed. (4) Where the density or opacity of the smoke as observed falls between two consecutive Ringlemann numbers,the lower Ringlemann number shall be considered the density of the smoke observed. 9.20.030 -Escape of soot, cinders, noxious acids, fumes and gas. A. (a}It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place, or manner as to: (1) Be detrimental to any person or the public; (2) Endanger the health, comfort and safety of any such person or of the public; (3) Cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the abatement 155 official. B. b)-"Cinders," "dust," "fly ash," "noxious acids," "fumes" and "gases," as used in this section, shall be considered to be all matter other than dense smoke, including smoke, cinders, dust and soot formed as the result of the combustion of fuel which are carried in the gas streams so as to reach the eternal air and which have not been completely consumed by the combustion process. 9.20.035 - Summary abatement. The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given. All other abatement proceedings, except the necessity and the manner and method of giving notice shall apply to the nuisance summarily abated, including the recovery of the costs of the summary abatement. 9.20.040 - Commencement of proceedings. Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action. The procedures set forth herein shall not in any manner, however, limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law, or by the common law. 9.20.045 -Notice and order of abatement—issuance; contents; service. A. (a)-Issuance; contents. The abatement official shall issue a notice and order direct to (1) the record owners of the affected property, or (2) the person committing, creating or maintaining the public nuisance. The notice and order shall contain: (1) The street address and legal description sufficient for identification of the affected property; (2)The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this chapter; (3)A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated; (4)A statement advising that if any required abatement is not commenced or completed within the time specified the abatement official may proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner; (5) Statements advising: a That any person having record title or legal interests in the property may appeal from the notice 156 and order of any action of the abatement official to the city council by filing with the city manager within 15 days (unless such abatement will materially effect a building or structure permanently attached to real property, in which case 30 days shall be allowed) from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in section 9.20.065; and b Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order. B. }Service of notice and order. The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public nuisance, and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records: (1) The holder of any mortgage or deed of trust or other lien or encumbrance of record; (2) The owner or holder of any lease of record; (3) The owner of any other estate or legal interest of record in or to the property affected with the public nuisance. The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way, city properties and parks or for summary abatement when permitted. C. {e}Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail,postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the borough or as known to the abatement official. If no address of any such person so appears or is known to the abatement official, any copies of notice or order shall be so mailed addressed to such person, at the address of the property involved in these proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner herein provided shall be effective on the date of mailing. D. ( }Proof of service. Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified or registered mail shall be affixed to the copy of the notice and order retained by the abatement official. 9.20.050 -Notice and order of abatement—Recordation. A. (a)-If compliance is not had with the order within the time specified therein, and no appeals are properly and timely filed, the abatement official shall have filed in the office of the recording district a certificate describing the property and certifying: 157 (1) That the property is affected by a public nuisance; (2) That the owner has been so notified. B. {b}Whenever the public nuisance has been abated on a property described in the certificate, the abatement official shall file a new certificate with the office of the Seward recording district, certifying that the public nuisance has been abated. 9.20.055 -Notice and order of abatement—Posting. A. (a*Required. Every order of compliance shall, in addition to being served as provided in section 9.20.045(b), be posted in a conspicuous place upon the affected property. B. {+Removal. No person shall remove or deface any such notice after it is posted until the required abatement has been completed. Any person violating this subsection shall be guilty of a misdemeanor. 9.20.060 -Means of abatement. The abatement official (and the board of appeals, if an appeal is taken) shall order the means best calculated to abate wholly the nuisance with the least costs of abatement, and demolition shall not be ordered if repair or removal may accomplish the abatement. 9.20.065 -Appeals. Any person entitled to service under section 9.20.045(b) may appeal from any notice and order or any action of the abatement official concerning abatement of a public nuisance by filing at the office of the city maHager- clerk within 30 thirty 30 days from the date of service of such order a wr-itten appeal in the same annep-r- and- method as pr-ovided for- appeals under- seetion 501 as amended, as adopted by r-efer-enee in seetions 12.05.010 and 12.05.015. The pr-oeedur-e for- appeal aHd for-hear-iHg of the appeal shall be the same pr-oeedur-e for-the eoHduet aHd he ar-iHg eir-eumstanees. a notice of appeal. The notice shall specify all of the zrounds for such appeal with supportin- documents attached. A. The city clerk shall assi,-n a date for the hearin,-with written notice sent to the appellant and the city council. B. Appeals shall be heard by the city council sittin-as the board of adiustment. At the hearin'-, all parties may be represented by counsel and may offer witnesses and exhibits. The burden of Proof rests with the appellant. C. Within thirty (30) days followin- the conclusion of the hearin,-, the city council shall issue 158 written fndin-s of the facts and conclusions of law, and clearly state the grounds upon which the decision is based. The appellant may appeal a decision of the board of adjustment to the superior court within thrity days, in accordance with the Rules of Appellant Procedure of the State of Alaska. D. Durin,-pendency of an appeal to the board of adiustment, the notice and order of abatement and any abatement action shall be stayed. Durin,-pendency of an appeal to the superior court, the notice and order of abatement and all abatement action shall not be stayed. 9.20.070 -Enforcement of order of abatement. A. (a*General. After any order of the abatement official or the city council acting as a board of appeals, shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be guilty of a misdemeanor. B. b)-Failure to obey order. If, after any order of the abatement official or the city council acting as a board of appeals, has become final, any person to whom such order is directed shall fail, neglect or refuse to obey such order, the abatement official may: (1) Cause such person to be prosecuted under subsection (a) of this section; (2) Institute any appropriate action to abate such public nuisance; (3) Do both (1) and(2). C. (}Failure to commence work. Whenever the required abatement is not commenced within thirty days after any final notice and order issued under this code becomes effective the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in section 9.20.090. 9.20.075 -Extension of time. Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time,the abatement official may, at his discretion,grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. 9.20.080 -Interference with city employees, contractors, etc.,prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any persons who own or hold any estate or interest in the premises 159 affected by the public nuisance which has been ordered abated, whenever such officer, employee, contractor or authorized representative of the city, person having interest or estate in the affected premises, is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to section 9.20.070. 9.20.085 -Abatement procedure; costs constitute lien on property. A_(a}Procedure. When any abatement or a public nuisance is to be done pursuant to section 9.20.070(c) of this chapter, the abatement official shall issue his order therefor to the director of public works, and the work shall be accomplished by city personnel or by private contract under the direction of the director. B. b)-Costs. The costs, including incidental expenses, of abatement of such public nuisance shall be a lien against the property involved or may be made a personal obligation of the property owner, whichever the city shall determine is appropriate. 9.20.090 -Recovery of costs of abatement. A_(a}The director of public works shall keep an account of the costs, including incidental expenses, of abating each public nuisance, including each separate lot or parcel of land where the abatement is done, and shall render an itemized report in writing to city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto. B. (*Upon the completion of the abatement work, the director of public works shall prepare and file with the city clerk a report specifying the work done, itemizing the total cost of the work, the description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to section 9.20.045(b). Before the report is submitted to the city council,a copy of a report shall be posted for at least five days upon the affected premises,together with a notice of the time when the report shall be heard by the city council. C. e)-The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, overhead and inspection of the work and the cost of printing and mailing required hereunder. of the Uniform Building Code of Panger-etis Buildings, etir-r-ent edition, adepted by r-efer-enee in seetions 12.05.010 and 12.05.015 shall be the proeedure and method for the reeovery of the eests of the abatement of publie nuisanees its amended by this seetion. D. The city council shall hold a hearin,-on the cost report at which any person entitled to notice pursuant to section 9.20.045(b) may appear and lodze obiections to the costs of abatement. At the conclusion of the hearin,-the city council shall either accept, reiect or amend the report. E. {e}All monies recovered for the costs of abatement shall be paid into the general fund. 160 9.20.095 -Legal remedies. The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law. In addition, a public nuisance may be abated by the city in a civil action. Chapter 9.25 -Noise Control 9.25.010 -Noise control. In addition to the provisions of chapter 9.20 applicable to noise as a public nuisance, this chapter shall apply to noise control within the city. 9.25.015 -Definitions. A. {a}The following words,terms, and phrases,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network, the level of which so read is designated dB(A) or dBA. Commercial area means any parcel of land zoned as AC, HC, or CB under Title 15. Decibel (dB) means a unit measure of sound level. Equivalent A-weighted sound level (L eq)means the constant sound level that in a given situation and time period conveys the same sound energy as the actual time-varying A-weighted sound. Industrial area means any parcel of land zoned as I or RM under Title 15. Noise means any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance means any sound that endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. Noise-sensitive zone means any area designated pursuant to section 9.25.025 for the purpose of ensuring exceptional quiet. Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, public use easement or similar place owned or controlled by a governmental entity. Public space means any real property or structures thereon owned or controlled by a governmental entity. Public use area means any parcel of land zoned as INS or P under Title 15. 161 Residential area means any parcel of land zoned as RR, R-I, R-2, R-3, UR or OR under Title 15. Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI 51.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A weighting shall apply. Sound level meter means an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighting networks used to measure sound pressure levels. Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. B. }All terminology used in this chapter and not defined in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 9.25.020 -Excessive noise prohibited. A. (a)-It is unlawful for any person to wi1f-u11y-_wi11Lu11E make or continue, or cause to be made or continued,any noise disturbance,loud sound,loud noise,or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. B. (b}The standards which may be considered in determining whether a violation of the provisions of this section by a person exists may include, but are not limited to, the following: (1)In a public place,repeatedly or continuously shouts,blows a horn,plays a musical or recording or amplifying instrument, or otherwise generates loud sounds or noise with the intent to disturb or in reckless disregard of the peace and privacy of others; (2) In a private place, engages in the conduct described in subsection (a) of this section, with the same intent or reckless disregard, after having been informed by another person that the conduct is disturbing the peace and privacy of others not residing in the same place; (3) Using, playing, or practicing upon any musical instrument upon any street, alley, or public place, without a written permit from the city manager, or unless permitted in this code; (4) Using, for the purpose of attracting the attention of the public, any radio, recording music or sound-amplifying device of any kind, the sound from which is cast directly upon a street, alley, or public place. This subsection shall not apply to devices officially used by a governmental entity. The city manager shall have the authority, on written application to him or her, to permit the 162 broadcast by use of sound-amplifying devices under conditions prescribed by him or her; (5) Operating or using any pile driver, power shovel, pneumatic hammer, or other apparatus the use of which is attended by loud or unusual noise, in conducting any building operations between the hours of 10:00 p.m. and 7:00 a.m., except by written permit issued by the city manager; or (6) Operating any unmuffled internal combustion engine, or noise creating blower or power fan. C. e)-As used in subdivisions (1) through (6) of subsection (b), "loud sound," "loud noise," or "unusual noise" includes: (1) Any sound or noise which would awaken, or cause difficulty in sleeping for, the average, not unduly sensitive individual attempting to sleep in a house, apartment, hotel, or motel; and (2) Any source of sound that creates a sound level exceeding the limits set forth for the receiving land use category in Table 1 of this section when measured by a sound level meter at or within the property boundary of the receiving land described under the listed receiving land use category. Table 1. Sound Levels by Receiving Land Use. Receiving Land Use Category Time Sound Level Limit dBA Residential area 7:00 a.m. 10:00 .m. 60 10:00 .m. 7:00 a.m. 50 Commercial area 7:00 a.m. 10:00 p.m. 70 10:00 p.m. 7:00 a.m. 60 Public use area 7:00 am-10:00 pm 65 10:00 m7:00 am 50 Industrial area At all times 80 9.25.025 -Noise-sensitive zones. The city manager may prepare recommendations to the city council for the designation of noise- sensitive zones containing noise-sensitive activities. No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone. No person shall create or cause the creation of any sound within any noise-sensitive zone designated pursuant to this section containing a hospital, nursing home, or similar activity so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone. 9.25.030 -Exceptions. The provisions of this chapter shall not apply to: 163 spaee or- publie right of way; or- A.(b}The emission of sound for the purpose of alerting persons to the existence of any emergency, the emission of sound in the performance of emergency work, or the emission of sound in the performance work by city departments including,but not limited to,the harbor,police,fire, electric and public works department(for example emergency response and snow removal). 9.25.035—Penalties an r-emedies-. eoHvietioH shall pay a fiHe of $50.00 for- the first violatioH; $75.00 for- the seeoHd violatiow- $100.00 for- the third violation; and $300.00 for- the four-th violation and ever-y violation (a) A per-son who violates a pr-ovision of this ehapter- is guilty of a misdemeanor- and upoi+ may bring eivil netion to enjoin any violation of this ehapter-, or- to obtain damages for- any eondition exists, eonti �peated shall be a separate and distinet violation-. (d) The penalties provided for- violation of this ehapter- are in addition to and not in lien of aHy other- peHalty provided for- iH this eode, state law, or- aHy eivil remedy available to the eity. A per-son who violates any provision of this ehapter- shall also be subjeet to the eivil Chapter 9.30 - quana Tetrahydrocannabinol(THC) extraction equipment 9.30.010 - General provisions. All licensed marijuana processing facility tetrahydrocannabinol (THC) extraction equipment using hazardous materials must be approved by the city council prior to operation within the city. 9.30.015 -Listed equipment. A list of Fed alld approved systems is kept at the Sewar-d Fire DepakmeHt alld dur-ing business .All THC extraction equipment shall be listed and approved by the State ofAlaska and the Seward Fire Department. 9.30.020 -Equipment approval. A. When no equipment listing criteria exists and for non-listed extractions systems, equipment manufacturers may submit a master engineering report to the Seward Fire Department for approval of their equipment. 164 B. An Alaska licensed professional engineer is required to prepare a site-specific report. The report shall include the following information: 1. The proposed or existing address of the location where the equipment will be operated,the make and model, serial number, and any other pertinent information specific to that equipment as requested by the city; 2. The installation of the equipment will meet all applicable AME and NFPA standards for the operating pressures it will be subjected to; 3. The equipment has pressure relief valves on any trapped gas sections; 4. That all hose fittings, vacuum pumps, and all other ancillary components of the equipment are compatible with the specific flammable gas used in the equipment; C. The engineering report is required by the 2012 International Fire Code, adopted as the Seward Fire Code, and shall be signed and sealed by a responsible Alaska licensed professional engineer. All equipment shall be operated strictly in accordance with the manufacturer's instructions. D. Prior to the operation of the equipment, the city shall issue written approval of the engineering report required under this section. 9.30.025 -Modification of equipment. Any modification of listed or approved equipment other than routine maintenance or replacement of an identical replacement part voids the approval of the extraction equipment unless the modification is approved by the city in writing. Modifications that require approval include but are not limited to re-piping the system, addition of pumps, replacing components with non- identical components, and using unapproved gases. Chapter 9.35. -Plastic Bags and Polystyrene Containers 9.35.010. -Definitions. Affected retail establishment means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores,pharmacies, and retail stores. Biodegradable means the entire product or package will completely break down and return to nature. i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. Customer means any person obtaining prepared food from a restaurant or retail vendor. Disposable food service ware means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designated for one-time use and on, or in, which restaurant or retail food vendors directly places or packages prepared food or which are used to consume foods. This 165 includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. Food vendor means any restaurant or retail food vendor located or operating within the City of Seward. Plastic carry-out bag means a bag made from plastic that is not intended nor suitable for continuous reuse and that is less than two and one-quarter mils thick and is designed to carry customer purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or "compostable," bags used by customers inside stores to package hulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts: bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants: bags used to protect prepared foods or bakery goods: bags provided by pharmacists to contain prescription drugs: newspaper bags, laundry or dry cleaning bags: or bags sold for consumer use off a seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste. Polystyrene foam means and includes blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres, injection molding, foam molding, and extrusion-blow molding. Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as Styrofoam. 9.35.015 -Non-biodegradable plastic carry-out bags. A. Affected retail establishments, food vendors and nonprofit vendors are prohibited from providing plastic carry-out bags to their customers at the point of sale to transport purchased items. Reusable bags,recyclable paper bags and compostable bags, including biodegradable plastic bags, are allowed alternatives. B. Nothing in this section shall be read to preclude affected retail establishments, food vendors and nonprofit vendors from making recyclable paper bags available to customers. C. Affected retail establishments, food vendors and nonprofit vendors are encouraged to provide incentives for the use of reusable bags through education and through credits or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute plastic carry-out bags at any city facility or any event held on city property. 9.35.020 - Polystyrene foam disposable food service ware. A. Except as provided in section 9.35.25, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses polystyrene foam. 166 B. All city facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire polystyrene foam disposable food service ware for use at city facilities. C. All food vendors using any disposable food service ware will use biodegradable or compostable disposable food service ware unless they can show an affordable biodegradable or compostable product is not available for a specific application. Food vendors are strongly encouraged to reuse food service ware in place of using disposable food service ware. 9.35.025 -Exemptions. A. Prepared food prepared or packaged outside the city is exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City of Seward are encouraged to follow the provision of this chapter. B. Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or compostable alternative does not exist and/or that imposing the requirements of this chapter on that item or type of disposable food service ware would cause undue hardship. C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. D. Disposable food service ware composed entirely of aluminum is exempt from the provisions of this chapter. E. Emergency supply and service procurement. In a situation deemed by the city manager to be an emergency,for the immediate preservation of the public peace,health or safety, city facilities,food vendors, contractors and vendors doing business with the city shall be exempt from the provisions of this chapter. 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 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor 167 • swir- Ordinance 2023-011 : Amending Seward City Code Title 10 — Public Peace, Morals And Welfare For The City Of Seward Recodification Project Documents: • Agenda Statement • Ordinance 2023-011 168 City Council Agenda Statement Meeting Date: April 10, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2023-011: Amending Seward City Code Title 10 — Public Peace, Morals and Welfare for the City of Seward Recodification Project Background and Justification: The purpose of this ordinance is to complete the recodification of Title 10 — Public Peace, Morals and Welfare. Key: The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, PC = Police Chief, Clerk=City Clerk) Code Citation Source Amendment 10.01.010 PC, Atty Delete section as obsolete. 10.10 PC, Atty Create new section for Fireworks Control. 10.30.010 - .030 PC, Atty Delete sections as covered by state statute. 10.30.040 Atty Delete section. 10.30.045 B Atty Delete as already covered in Title 1. 10.30.050 Atty Delete as already covered in Title 1. 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: 169 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 Finance Signature: N/A Attorney Review X Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 170 Sponsored by: City Clerk Introduction: April 24, 2023 Public Hearing: May 8, 2023 Enactment: May 8, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 10 — PUBLIC PEACE, MORALS AND WELFARE 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, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS,this ordinance is focused on Title 10—Public Peace,Morals and Welfare and reflects input from the police chief, city manager, and city attorney. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 10 — Public Peace, Morals and Welfare is hereby amended as follows: (Deletions = Bold 1ethr-ott Additions = Bold Italics Underlined.) TITLE 10—PUBLIC PEACE, MORALS AND WELFARE Chapter 10.01 - General -Pr-ovisions * Reserved *See § 7.10.125 as to r-equir-ement that small boat harbor- patrons obserwe or-dinanees. z , state, eonfor-manee with state inw. Unless other-wise defined in this title, or-wher-e a definition in this title eonfliets with the laws- of the state for- the same offeHse, the defiHitioH of the offeHse eoHtaiHed iH the ift-A,s Of the > shall gover-n the pr-ovisions of this title. Chapter 10.05 -Reserved Chapter 10.10 -Reserwed * Fireworks Control 171 SEWARD,ALASKA ORDINANCE 2023-011 10.10.010- Title. This chapter shall be known as the fireworks control ordinance of the City of Seward. 10.10.020-Fireworks prohibition. The use of fireworks is forbidden within the City of Seward except for authorized displays. 10.10.030-Exceptions for authorized displays. Fireworks may be used for public displays by -roups holdinjz a current permit issued by the city manager. 10.10.040- Use permits. A. The city manazer or his desi,-nee may issue a firework use permit, not less than fifteen (15) calendar days nor more than thirty (30) calendar days from the date of application, for public fireworks displays provided that the application shows, and issuance of the permit is conditioned upon: 1. The dates and locations of the proposed displays; 2. That all appropriate or required state licenses or certificates have been procured; 3. That a cash or corporate security bond has been filed with the city in the amount of at least $150,000 to insure payment of damazes to persons or property caused by the display. The bond requirements may be waived if the holder of the permit has in effect an insurance policy which accomplishes the same purpose as the bond; 4. That the City of Seward fire department was notified at the time the application was submitted and invited to be in attendance for fire control purposes; 5. That the state fire marshal was notified at the time the application was submitted and has issued the necessary permit if required by law; and 6. The name and address of the applicant, and, if required pursuant to this code, the name and address of the professional pyrotechnician or company who will be conductin,-the display. B. If an obiection is received from the state fire marshal or the City of Seward fire department within fourteen (14) days of notification of the application, the city manazer may deny the application for cause shown. 10.10.045-Licensed pyrotechnician-when required. A professional pyrotechnician shall conduct all fireworks displays that include "dangerous fireworks" as defined in AS 18.72.1000). A (reworks display involvin,- no "danzerous fireworks"may be conducted without a professional pyrotechnician. 10.10.050-Sale of fireworks forbidden. The sale or offerinz for sale of Class C fireworks is forbidden within the City of Seward. 172 SEWARD,ALASKA ORDINANCE 2023-011 10.10.060-Fireworks Miscellaneous provisions. A. No permit shall be issued for more than three (3) displays per calendar year. B. No permit is transferable. 10.10.070-Definitions. For the purpose of this chapter the following definitions shall apply: A. "Dan,-erous fireworks"means dan,-erous fireworks as defined by AS 18.72.100(1). B. "Display"means the detonation of fireworks at any time. C. "Fireworks"means fireworks as defined by AS 18.72.100(3). D. "Professional pyrotechnician" shall mean an individual who has been licensed by the division of Alcohol, Tobacco, and Firearms to use Class A, Class B, and Class C fireworks. 10.10.080-Penalties. Any violation of this chapter is a minor offense. The fine for offenses in this chapter shall be $50 per infraction. Chapter 10.15 - Offenses Against Persons and Property * Footnote: See AS 11.20.010 et seq. for state law as to offenses against the person generally; see AS 11.20.520 et seq. for state law as to malicious mischief and trespass generally. 10.i 5.0 0 Reserved. 10.15.015 - Disposal of abandoned or stolen property; returning unclaimed property to finder. A. Property in the possession of the police department. If there is any property in the possession of the police department that has been stolen and is not claimed by the owner within 90 days without the conviction of the person for stealing the property, or if there is any property that has been abandoned and not claimed within ninety days of the date on which the police department took possession thereof, or if property is found and delivered to the police department and ownership is not established within 90 days on which the police department took possession, the police chief shall, if the owner is not known, publish in a newspaper of general circulation in the city once a week for four consecutive weeks, that the property is in possession of the police department, and the property in possession of the police department may be sold at public auction at a time and place dated in the notice, or if the property is money, that it will be paid into the city 173 SEWARD,ALASKA ORDINANCE 2023-011 treasury for deposit into the general fund. If, after notice is given as required herein, the property still remains unclaimed by the owner, if it is money, the chief of police shall pay such money to the city treasurer; except, that found money shall be returned to the finder upon request. If it is other property,the chief of police shall have the property sold at public auction; except that found property shall be returned to the finder upon request. All requests of finders regarding return of property shall be made to the chief of police prior to sale at public auction. Any finder who fails to make his request as so provided shall forfeit all right, title and interest to any found property. Before returning property to a finder or before paying any money to the city treasurer,the chief of police may require compensation of the proportionate cost of publication and sale attributable to the property or money delivered. Provisions of this section shall not apply to property coming into the possession of the police department which the chief of police determines to be dangerous or perishable. Such property may be disposed of immediately, without notice, in such manner as the chief of police determines to be in the public interest. B. Other abandoned property. Any other abandoned property which is not turned over to the police department may be disposed of by the city manager in the following manner: The city manager or his deputy shall first determine whether or not the property is in fact abandoned property. If the property has been abandoned, and appears to have some value, it shall be disposed of at public auction in the same manner as provided in subsection (a) for property in the possession of the police department. If the property is not sold at public auction, or if the city manager shall determine that it is valueless and not sellable at public auction, it shall be disposed of as rubbish. 1 n 1 c 020 Reser-ved. 10.1c 02-4 Resccved. 10.1 c.030 n ser- ,ed. Chapter 10.25 -Reserved Chapter 10.30 - Drugs, Narcotics and Items Designed or Marked For Use With Controlled Substances 10 30 n1n Definitions-. As used in this ehapter,the following terms shall have the meanings as defined herein.! .A- Controlled substanee. Means rreontrolled rr as that term is defined in AS 174 SEWARD, ALASKA ORDINANCE 2023-011 B. items desieHed or- mar-lieted for- use with eoHtr-olled substaHees. 'Are those , • > substaHee eaH be derived-, • > iHdiHg, , pr-odtteiH gg,> , str-eHgth, , • > >maHHitol,maHHite, alld > ; • > bowls, > • �Gapsttles, ballooHs, • > > or- other-wise iHtr-odtieiHg > ito the humaH body, deter-miHiHg whether- aH item is desigHed or- mar-lieted for- use with eoHtr-olled substaHees> > g its use; • > if ally, ally state or- federal him, r-elatiHg to ally eoHtr-olled substaHee; 4- The proximity of the objeet to eoHtr-olled substaHees-,L 6. eoHtr-ol of the item to deliver- it to per-soHs whom he kHows or- should r-easoHably 175 SEWARD, ALASKA ORDINANCE 2023-011 permitted ttHder- AS • > or- of nHyoHe iH eoHtr-ol of the item as- pr-e,veHt a fiHdiHg that the item desigHed or- mar-lieted for- use with eoHtr-olled substainees; • > > ; adver-tism Hg its use; whieh the item is displayed for- sale-; • >legitimate supplier- of like or- related items to the eommuinity sueh as a lieeHsed distr-ibutor- or- dealer- of tobaeeo pr-oduets; +2- Dir-eet or- eir-eumstaintial evideHee of the ratio of sales of the item(s) to the total sales 13. The existeHee alld seope of legitimate uses for- the item iH the eommuinity; z�-v i5 A. The term rr rr as used iH this seetioH shall meaH nHy dr-ug whieh is defiHed Rind B. No per-soin shall have possessioH of-, use or- be addieted to the use of Har-eoties or- be that he is a member- of a elass lieeHsed by the UHited States or- the state to > sell, physieiaHs, > deiatists, > A. The term rr rr , > derivatives, derivatives, or- , par-aidehyde, > > > > > > > B,---No slitill have possessioH of-, use or- be addieted to the use of ally daiager-ous 176 SEWARD, ALASKA ORDINANCE 2023-011 dr-ug to show that he or-she is permitted to possess the daHger-ous dr-ug tmder-state slaw alldior- that he or- she is a member- of a elass lieeHsed by the UHited States or- the state to buy, sell, dr-ug to show that the daHger-ous dr-ug was mixed with a suffieieHt quaHtity of allother- dr-ug was pur-ehased iH good faith to be used for- legitimate medieal pur-poses alld Hot for- the it shall be uHlawNI for- ally per-soH or- per-soH hol, eler-li, ageHt or- serwaHt to sell ally item whieh is desigHed or- mar-keted for- use with eoHtr-olled substaHees uHless other-wise permitted iH this eode or- uHless sueh per-soH shall have a lieeHse for- sueh sale issued by the eler-k of the City of Sewar-d iH aeeor-daHee with this ehapter-. Sueh lieeHses shall be iH fidditi to ally or- all other- lieeHses held by applieaHt. AH applieatioH to sell ally item desigHed or- mar-keted for-use with eoHtr-olled substaHees shall alld eaeh alld every employee author-4ed to sell sueh items that eaeh sueh per-soH has Hever- 10.30.035 Sale to minors. It shall be unlawful to sell or give items designed or marketed for use with controlled substances to any male or- fem child. 10.30.040 ReE9r s. Every lieeHsee must keep a r-eeor-d of every item desigHed or-mar-keted for-use with eoHtr-olled substanees whieh is sold and this r-eeor-d shall be open to the inspeetion of any poliee offieer- at ally time dur-iHg the hour-s of busiHess. Sueh r-eeor-d shall eoHtaiH the Hame alld address 9 the > the name and quantity of the item, the date and time of the sale, lieeHsee or- ageHt of the and the 177 SEWARD, ALASKA ORDINANCE 2023-011 r-eeor-ds shall Hot be diselosed to the publie alld shall be made available oHly to iftiv 10.30.045 -Remedies. A. A person who violates any provision of this chapter shall be subject to a civil penalty of not less than $50.00 nor more than $1,000.00 for each offense or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter, the superior court shall grant injunctive relief to restrain the violation. 10.30.050 Sever-ability. 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 8th day of May, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 178 • swir- Ordinance 2023-012: An Ordinance of the Seward City Council, Amending Seward City Code Title 3 Personnel Documents: • Agenda Statement • Ordinance 2023-012 179 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resources Manager Agenda Item: Ordinance 2023-012: Amending Seward City Code Title 3 Personnel Background and justification: Title 3 contains the city's personnel code. Due to the evolving nature of personnel requirements and ongoing need to address issues as they arise, the Title is brought before the council to enact language previously confined to policies and to codify and clarify processes currently used by the city. The ordinance has been extensively reviewed by the city's attorney(s), as well as the policies that were not previously contained in Title 3. Please note that enacting the ordinance supersedes all policies not previously approved by the city council. Chapter 3.01 Objectives and Scope Amended Ordinance code section Section Title Page # Amendment 3.01.020 Scope 2 Bulleting added. Chapter 3.05 Or anization and Del e ation of Authority Amended Ordinance code section Section Title Page # Amendment Language has been added to require the 3.05.015 F Responsibility and authority 4 human resources manager, or designee if the human resources is unavailable, to participate in all employment interviews. Chapter 3.10 Position Classification Amended Ordinance code section Section Title Page # Amendment Language has been added recognizing Classification plan — reorganization of a department by the city 3.10.025 E development and 6 manager(which is the most common action) administration. and clarifying language regarding an employee affected by reclassification. Chapter 3.15 Salary Administration Amended Ordinance code section Page # Amendment 3.15.010 Pay plan 7 Grammatical amendment. 3.15.030 B Entrance pay rate 8 Clarifies appointment above the entrance pay rate. The 'open range positions" language has 3.15.030 D Entrance pay rate 8 been struck because the new pay plan puts all employees, with the exception of the 180 manager and clerk, on the same pay plan. 3.15.035 A.2. Step increases 8 Strikes language regarding open range employees to be consistent with 3.15.030. Clarifies that in order for an employee to receive further step increases,the employee 3.15.035 B.2. Step increases 8 must continue to demonstrate satisfactory service of a progressively greater value and eliminates reference to the open range. 3.15.045 B.2. Pay rate adjustments 9 Clarifying language. Language added regarding reinstatement of 3.15.045 E Pay rate adjustments 9 an employee returning from military leave and eliminates the language limiting reinstatement strictly to veterans. Requires prior written designation, clarifies working days and calendar days and enacts Compensation during language regarding when a department 3.15.050 A temporary assignment 10 head is in state and deems it appropriate for an employee to be temporarily assigned to a position. 3.15.060 D Overtime 11 Grammatical amendment 3.15.060 E Overtime 11 Shift differential increased to match the SPEA Ian ua e. 3.15.070 Standby compensation 11-12 Language added to clarify standby compensation. 3.15.075 Call-out compensation 12 New section mirroring the SPEA contract. 3.15.080 Police department clothing 13 Language clarifies the timeframes regarding allowanc police department uniforms. 3.15.090 Changing pay range assign ents 13 Renumbered References to "longevity" bonuses have been struck and replaced with "annual" 3.15.100 Annual bonus 13 because all regular employees receive the bonus annually. The bonus percentage has been increased to 1.5% of the employee's annual salary. 3.15.110 Retirement 13 Renumbered 3.15.120 Insurance and medical 13 Renumbered benefits 3.15.130 Effective date of changes in 14 Renumbered a Cha ter 3.20 Recruitment Amended Ordinance code section Section Title Page # Amendment No changes Cha ter 3.25 Selection Amended Ordinance code section Section Title Page # Amendment 3.25.035 Probationary employee 16 Additional bulletin Language added referencing municipal 3.25.035 G Probationary employee 17 correction officers and clarifies permanent status after certification by the Alaska Police Standards Council. 3.25.040 Temporary, seasonal and 17 Additional bulleting on-call appointments 181 Chapter 3.30 Performance Evaluation Amended Ordinance code section Section Title Page # Amendment Language added requiring the city 3.30.035 A Unsatisfactory evaluation 19 manager's signature on unsatisfactory evaluation. Chapter 3.35 Employee Development Amended Ordinance code section Section Title Page # Amendment No changes Chapter 3.40 Grievance Procedure Amended Ordinance code section Section Title Page # Amendment 3.40.010 Policy 22 The first sentence was struck due to ambiguous nature of the sentence. Language added to enable the employee to 3.40.015 B Discussion r a problem 22 document a supervisor's decision within the with a supervisor employee's personnel file. 3.40.15 C Discussion of a problem 22 Clarifying language pointing to section with a supervisor 3.40.020. Language is struck regarding separate 3.40.020 A Definition of a grievance 23 personnel rules and regulations because Title 3 and council adopted policies are the governing documents. Clarifies that grievances are not for general 3.40.020 B Definition of a grievance 23 complaints or disagreements about how work is to be accomplished. 3.40.020 C Definition of a grievance 23 The language refers back to code. The language"(city manager,or in regard to Supervision of grievance the city clerk's office, the city clerk)" has 3.40.025 A procedure. 23 been struck because the appointing officer is defined in the definition section. The entire section has been amended to 3.40.030 Grievance procedure steps 23-27 clarify the grievance procedure steps and to better define the timeframes fora grievance. Strikes language regarding automatic 3.40.040 C Time limits 28 advancement of a grievance and refers back to the established timeframes. Strikes the requirement that the extension of 3.40.045 Extension of time limits 28 time limits by mutual consent must be signed by all parties because most of the correspondence is completed through email. 3.40.060 No discrimination or 28 The last sentence has been struck because it reprisals is redundant to the paragraph. Chapter 3.45 Annual Leave Amended Ordinance code section Section Title Page # Amendment 3.45.040 F.3. Annual leave use 31 Adds "legal guardian" to the definition of immediate family. 182 Language added to require city manager 3.45.075 A.1. Leave without pay 32 approval prior to the use of leave without a . Provides for 90 days of leave without pay, 3.45.075 A.4. Leave without pay 32 with the exception of FMLA. 3.45.100 Light duty 34 Provides for light duty on a case-by-case basis. Cha ter 3.55 Se arations Amended Ordinance code section Section Title Page # Amendment 3.55.010 C Resignations 36 Provides for an exception when an employee fails to give adequate notice of a resignation. Oral reprimand has been removed from Dismissal for disciplinary 37 progressive discipline because a supervisor 3.55.020 B.I. reasons. may use the oral reprimand as a coaching opportunity, as opposed to discipline. Chapter 3.60 Special Provisions Amended Ordinance code section Section Title Page # Amendment Clarifies that an employee must obtain the correct forms from the human resources 3.60.015 B Outside employment 36 manager prior to accepting outside employee and the city must approve the outside employment. The entire section has been struck because 3.60.025 Travel expenses 39 the language is contained in a separate policy. The entire section has been struck because 3.60.027 Training expenses 39 the language is contained in a separate policy. The entire section has been struck because 3.60.035 Take home vehicles 41 the language is contained in a separate policy. 3.60.050 Firearms prohibited 41 New section addressing firearms in the workplace. New section addressing pets in the 3.60.060 Pets in the workplace 41 workplace. Note: the language was previously in a policy adopted by council. 3.60.070 Use of tobacco— 41 New section addressing use of tobacco by restrictions employees in the workplace. Chapter 3.65 Collective Bargaining Amended Ordinance code section Section Title Page # Amendment Submission of collective 3.65.010 bargaining agreements to 42 Grammatical amendments the city council. Chapter 3.70 Standards Relating to Drugs and Alcohol Amended Ordinance code section Section Title Page # Amendment No changes — however, the language is expanded on in a separate policy. 183 Chapter 3.75 Standards Relating to Employee Conduct Amended Ordinance code section Section Title Page # Amendment 3.75.010 Sexual harassment 44 Clarifying amendments Chapter 3.80 Workers' Com ensation Amended Ordinance code section Section Title Page # Amendment The language has been struck and new 3.80.010 Workers'compensation 44 language inserted to state the city shall follow the procedures set forth in the Alaska State Workers'Compensation Act. 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: $ ✓ 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 R Water RHealthcare Motor Pool Other Note., amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Finance Director Signature: Attorney ew ✓ Yes Attorney Signature: Not applicable Comments: 184 4/17/23 Administration Recommendation e✓ Adopt ordinance Other: 185 Sponsored by: Bower CITY OF SEWARD,ALASKA ORDINANCE 2023-012 An Ordinance of the Seward City Council,Amending Seward City Code Title 3 Personnel WHEREAS,this ordinance enacts language previously confined to policies and provides for grammatical amendments throughout the title; and WHEREAS,the language codifies and clarifies processes currently being used by the city. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 3 is amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Chapter 3.01 Objectives and Scope 3.01.010 Title. This title is known and cited as the personnel ordinance of the City of Seward. 3.01.015 Purpose. It is the purpose of this title to establish a system of uniform personnel policies and procedures which shall improve the quality of personnel administration consistent with such merit principles as: A. Recruiting, selecting and advancing employees on the basis of their relative ability,knowledge and skills, including open consideration of qualified applicants for initial appointment; B. Providing equitable and adequate compensation; C. Training employees, as needed, to ensure staff are equipped to deliver high quality performance; D. Developing employees and improving their performance by correcting any inadequate performance; E. Ensuring equal opportunity and fair treatment of all persons in all aspects of the employer- employee relationship including, recruitment, hiring, upgrading,promotion, training, transfer, layoff,recall and termination by basing all personnel decisions on the individual's abilities and performance without regard to political affiliation, race, color, pregnancy, ancestry, marital status, veteran status, disability, religion, national origin, sex, age, sexual orientation or any other discriminatory factor prohibited by law and with proper regard for the individual's privacy provided,however,that state or federally mandated employment requirements shall be observed. F. Ensuring employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. Page 1 of 46 186 CITY OF SEWARD,ALASKA ORDINANCE 2023-012 3.01.020 Scope. A. Scope - all employees. 1. This title establishes policies and procedures for personnel administration for all employees of the city except the city manager,the city attorney,the city clerk,the mayor, members of the city council and members of city boards and commissions. 2. The provisions of this title may apply to the city manager,the city attorney, or the city clerk only to the extent that they are incorporated by specific reference in a written employment contract with the city. B. Scope - collective bargaining unit. 1. Where a provision of this title conflicts with a provision of a collective bargaining agreement covering city employees, the provision of the collective bargaining agreement shall govern. 2. This title shall govern personnel policies and procedures for city employees covered by a collective bargaining agreement to the extent that its provisions do not conflict with provisions of the collective bargaining agreement. 3.01.025 Police Standards Act. The Seward Police Department shall be subject to these personnel regulations and, in addition, shall observe all rules and regulations adopted by the Alaska Police Standards Council pursuant to AS 18.65.130290. In the event of conflict, the standards and regulations adopted by the police standards council shall prevail over these personnel regulations. 3.01.030 Amendments. Upon the passage of an amendment to this title, the human resources manager shall distribute to all e leyees' employees replacement pages for the city personnel manual incorporating the amendment. 3.01.035 Definitions. As used in this chapter: A. Anniversary date is the date that an employee assumes regular status after the successful completion of a probationary period. This date does not change regardless of other personnel transactions, promotions, demotions or transfers that may occur during the course of an employee's service with the city, except for periods of leave without pay as outlined in § 3.45.080. B. Appointing authority means the city manager, except that the city clerk shall be the appointing authority for all positions in the city clerk's office. C. Break in service is defined as at least one (1) entire pay period off. D. Department head means each of the following: the finance director, the electric general director, public works director, the harbormaster, the chief of police, the fire chief, the parks and recreation director, library and museum director, IT director, and the community development director. E. Emergency employee means an employee hired for less than thirty (30) days pursuant to § 3.25.045. Page 2 of 46 187 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX F. Exempt employee is an employee whose position is classified under the Fair Labor Standards Act (FLSA) as an executive, professional or administrative position. These positions are not subject to overtime compensation. G. Full-time employee means an employee who regularly works forty (40) hours per week. H. Graveyard shift means any consecutive eight (8) hour, regularly scheduled work shift that begins at or after midnight and before 8:00 a.m. L Holiday is defined in §§ 3.50.010 and 3.50.015. J. Human resources manager means the director of the human resources department. K. On-call employee means an employee hired on an on-call basis pursuant to section 3.25.040. Appointments may be for no more than one hundred eighty (180) calendar days. L. Part-time employee means an employee who regularly works less than 40 hours per week. M. Probationary employee means an employee who has not yet completed the probationary period imposed under § 3.25.035(a). N. Promotional probationary employee means an employee who has not successfully completed a probationary period imposed under § 3.25.035(b). O. Regular employee means: 1. An employee in a regular position, full-time or part-time, who has successfully completed all probationary periods and is not a temporary, seasonal, on-call or emergency employee. 2. Nothing in this section shall be deemed to imply that a regular employee will always be employed by the city. 3. A regular employee may be laid off, dismissed, terminated or separated from city employment in accordance with the provisions of this title. P. Regular position-means: 1. A position which is expected to exist for more than nine (9) months. 2. There is no implication the position will never be eliminated. 3. A regular position may be eliminated due to lack of work, lack of funds, reorganization of a department, reassignment of duties, or for any other reason. 4. No employee shall have the absolute right to continued employment in any particular position. Q. Regular rate of pay means the hourly rate of pay actually paid an employee for the normal, non-overtime work week for which the employee is employed. R. Satisfactory means an acceptable, adequate or sufficient performance evaluation. S. Seasonal employee means an employee hired on a seasonal basis with an expectation to return to their position consistent with the city's needs, although the hiring will be temporary pursuant to § 3.25.040. No employee shall have the absolute right to continued employment in any particular position. T. Swing shift means any consecutive eight hour, regularly scheduled shift that begins at or after 4:00 p.m. and before midnight. U. Temporary employee means an employee hired under the terms specified in § 3.25.040. V. Term employee means an employee in a position, full or part-time, that is designed for a specified period of time of more than nine months and less than two years for a specific purpose or project pursuant to § 3.25.050. W. Work week consists of a five-day week, eight hours per day, 40 hours per week,pursuant to § 3.15.055. Page 3 of 46 188 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.05 Organization and Delegation of Authority 3.05.010 Purpose. Proper organization and delegation of authority are essential to effective city government administration and management. The responsibilities and authorities delineated in this chapter are intended to establish a clear understanding of the role that each segment of city government must play in order to create and administer a sound personnel management program. 3.05.015 Responsibility and authority. A. City council. The city council shall have overall responsibility and authority regarding personnel matters including, but not limited to, the following: 1. Approve all funds in the city's budget; 2. Adopt personnel policies; 3. Approve work rules established for the efficient operation of the city's work force; 4. Appoint the city manager, city clerk and city attorney. B. City manager. The city manager shall have the responsibility and authority to: 1. Administer the council adopted personnel policies pertaining to this title and procedures approved by the city manager ; 2. Provide for the establishment and maintenance of records of all employees in the city service; the records include the class title,pay and other pertinent data; 3. Develop and administer an affirmative action program to provide for equal opportunity in all aspects of city personnel administration; 4. Foster and develop,in cooperation with appointing authorities and others,programs for the improvement of employees' effectiveness and productivity, including training, safety, health, counseling and welfare; 5. Administer the city's recruitment and selection program; 6. Ensure uniformity in the application of discipline and processing of employee grievances; 7. Prepare and adopt the forms, reports and procedures as may be necessary to carry out the city's personnel program; 8. Appoint and dismiss all city employees except those appointed by the council or city clerk as stated in the charter. C. City clerk. The city clerk shall have the responsibility and authority to: 1. Administer recruitment and selection for positions in the city clerk department; and 2. Exercise all the authority assigned to the city manager regarding personnel matters involving the City Clerk's Office or a department head by the provisions of this title for positions or employees in the office of the city clerk. When the city clerk takes an action authorized for the city manager or department head under this title,the action is not subject to delegation from, or approval of, the city manager. D. Department heads. Department heads shall have the responsibility and authority to: 1. Enforce the personnel policies; 2. Keep employees in their departments informed of current personnel policies and procedures; 3. Participate in the grievance procedures as specified; 4. Appoint employees to vacant positions within their respective departments in accordance with established personnel rules and procedures; Page 4 of 46 189 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 5. Develop training programs for employees within their respective departments; 6. Take corrective action within their respective departments to the extent authorized in this title and delegate the authority to supervisory personnel as deemed appropriate. 7. Conduct orientation for all new employees. The orientation shall include introduction to fellow workers, work standards, safety regulations, break periods, supplies, etc. 8. Have appointment and dismissal authority over all employees under the department head's jurisdiction as delegated by the city manager, subject to the approval of the city manager. E. Supervisory personnel. Supervisory personnel shall have the responsibility and authority to: 1. Implement personnel policies, rules and regulations in the units under their supervision; 2. Take corrective action concerning employees under their supervision and make recommendations as to hiring, firing, transfer,promotions and personnel evaluations; 3. Train new employees and participate in the development of other employees; 4. Evaluate employee performance under the provisions of the title; 5. Participate in the grievance procedures as specified in this title. F. Human resources manager. 1. The human resources manager shall; conduct orientation for all new employees and issue to each new employee a copy of the current personnel regulations and position descriptions which outline job duties; the orientation shall include but not be limited to pay plan, insurance and retirement benefits, and any other city policies and/or procedures. 2. The human resources manazer, or desi,-nee if unavailable, shall attend all interviews for potential new employees. The interview panel will be discussed with the human resources manazer and the department head responsible for the position the individual is applying for. G. All employees. Employees of the city shall be presented with a copy of the personnel rules on their hiring date and shall have the responsibility and ability to: 1. Read the rules and ask the immediate supervisor to explain the personnel rules if questions arise; 2. Understand the function of the department to which they are assigned and how that function relates to the total mission of the city and all of its departments; 3. Discuss with the immediate supervisor any questions relating to the interpretation or application of these rules, either informally or formally through the grievance procedure; 4. Bring to the attention of the immediate supervisor any change in duties as outlined on the position description form given to the employee at hiring; 5. Submit in writing recommendations or comments to these rules to the city manager. Chapter 3.10 Position Classification 3.10.010 Classification plan. The classification plan is the grouping of positions into appropriate classes which are similar with respect to duties and responsibilities. Each class in the classification plan shall be designated by a descriptive title and defined by a class specification. 3.10.015 Class specifications. A. Class specifications are written descriptions of positions of each class included in the classification plan. Page 5 of 46 190 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. Specifications shall include a class title, a general statement of duties and responsibilities, typical examples of duties performed and minimum qualification requirements for entrance into a class. C. Special requirements, where appropriate, the license or certification, shall also be included. 3.10.020 Purpose of the classification plan. The classification plan is an administrative tool that provides a system of standardized titles and common job language and is critical to the effective administration of personnel activities such as: A. Work force planning and budgeting; B. Establishing job performance standards; C. Establishing fair and equitable pay; D. Developing training programs; E. Developing valid selection and recruitment programs; F. Establishing appropriate career lines. 3.10.025 Classification plan—development and administration. The city manager shall have the authority for the overall administration of the classification plan. In developing the classification plan, the city manager shall consult department heads, key staff, employees and other technical resources as appropriate. A. Allocation of positions. The city manager shall analyze and evaluate the duties,responsibilities and qualifications required of each position in the classified service. B. Maintenance of the classification plan. The city manager shall periodically review the entire classification plan or any part thereof at the city manager's own initiative or at the reasonable request of a department head or group of employees; provided, however, the review shall be conducted at least every three years. The purpose of the review is to: 1. Ascertain whether or not the plan accurately reflects existing conditions; 2. Determine the accuracy of class specifications; 3. Assure positions are properly classified. C. Position descriptions. Position descriptions shall be supplied by each city department for each position under the department's jurisdiction, subject to the approval of the city manager. The human resources manager shall keep a file of all current job descriptions. D. New positions. 1. When a new position is proposed or established,the department initiating the new position shall provide a written job description to the city manager. 2. The city manager shall determine the proper classification or prepare a new classification description if an appropriate classification does not exist. 3. The city manager shall make a recommendation to the city council for final approval of the new position. E. Reorganization of department. 1. Whenever reorganization of a department by the city manager or action of the city council causes the duties of a position to change, or a position appears to have been incorrectly allocated,the city manager shall, at the request of the department head, on behalf of the 6f man employee affected by the reclassification, investigate the duties of the position in question. Page 6 of 46 191 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. After conferring with department officials and the employee involved, and reviewing all relevant data, the city manager shall appropriately reclassify the position. Reclassification shall not be used to avoid the provisions of the personnel rules dealing with layoffs, demotions,promotions or dismissals. F. Effective date of change. Classification actions shall be effective on the first day of the pay period following approval by the city manager. 3.10.030 Status of incumbents in reclassified positions. In all cases of reclassification, the employee in the position shall be entitled to examine and compete for the reclassified position. If ineligible for appointment to the reclassified position, the employee shall be transferred, reassigned, or terminated by appropriate action in accordance with the provisions of these rules. Chapter 3.15 Salary Administration 3.15.010 Pay plan. The pay plan shall include the schedule of rates for all positions, pay ranges, consisting of minimum,intermediate and maximum rates of pay for all positions. The objectives of the pay plan shall be to provide: A. PFevide An appropriate salary structure to recruit and retain competent employees. B. Pfevide Appropriate pay incentives for high employee productivity. 3.15.015 Pay plan standards. The pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. Pay ranges within the pay plan shall be determined with due regard to such factors as: A. The relationship between classes; B. The relative difficulty and responsibility of work; C. The availability of applicants; D. The prevailing rates of pay in both public service and private industry in the appropriate recruiting market; E. Cost of living factors. 3.15.020 Development of the pay plan and council approval. A. The city manager shall be responsible for developing the pay plan through the use of standards described in this chapter. B. The city council shall, by separate resolution, approve the pay plan at the time the operating budget is approved. 3.15.025 Administration of the pay plan. A. Responsibility. The city manager shall be responsible for administering the pay plan and keeping it current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. B. Cost of living allowance. The pay plan may be adjusted with the approval of the city council on an annual basis to reflect a cost of living allowance (COLA) based on the US Department Page 7 of 46 192 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX of Labor, Bureau of Labor Statistics, consumer price index for all urban consumers (CPI-U) for Anchorage, Alaska, for all non-union employees, provided that changes made, if any, in the pay plan to reflect a cost of living allowance will be effective on the day authorized by the city council. 3.15.030 Entrance pay rate. A. The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. B. A department head, subject to the approval of the city manager, may make an appointment above the entrance pay rate Oftly WaeR taeFe aFe HO eandida4es u*heentfanee rate OF in recognition of exceptional qualifications. C. In no instance shall an appointment be made above step "E" except with the approval of the city manager. the appropriate A-1-1:H�_listed ill the Open r-ange wages. 3.15.035 Step increases. A. Probationary step increase. A probationary step increase is a special, one time only, step increase. 1. New employee. A new employee, after serving a probationary period of one hundred and eighty (180) calendar days of satisfactory performance, shall receive a one-step increase. to five per-eent 0 shall ., e the ., ate ; 2. -3--Promotional probationary employee. An employee who has transferred to a new position and who must serve a promotional probationary period as defined in section 3.25.035, shall receive a probationary one-step increase upon successful completion of the promotional probationary period. B. Continued step increases. 1. Step increases are awarded when the department head feels the employee has demonstrated service of a progressively greater value, progressively greater responsibility, and performed beyond what normally would be expected for the city during the past year. 2. Employee must demonstrate satisfactory service. For an employee to receive further step increases, the employee must continue to demonstrate service of a prozressively ggreater value. Page 8 of 46 193 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX of ffea4ff vakie— C. Step increases are not automatic and are not based on longevity. 3.15.040 Regular part-time employment. A. Regular part-time employees who are not exempt from the overtime requirements of the federal Fair Labor Standards Act shall be compensated on an hourly basis equivalent to the hourly rate established for the regular full-time employment at step "A" of the pay range for the actual number of hours worked in each payroll period. B. Appointments shall be in probationary status and a probationary pay increase shall be awarded, if earned, when regular hours worked have a cumulative total of 1,040 hours, which is equivalent to a six-month probationary increase as set forth in section 3.15.035. C. An increase shall be awarded, if earned, each time regular hours worked have a cumulative total of 2080. 3.15.045 Pay rate adjustments. The following personnel actions shall affect the pay status of an employee in the manner described: A. Transfers. When an employee is transferred from one position to another with a common pay range, the employee shall continue to receive the same rate of pay. B. Promotions. 1. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of not less than one pay step. 2. If the employee's current rate of pay is below the minimum rate of the promoted new position, the pay shall be increased to the minimum step of the new position. 3. If the employee's current rate of pay falls within the range of the new position,the pay shall be adjusted to the next higher pay step in the range for the new position which is at least equal to one step increase above the employee's current pay rate. C. Reassignments. When an employee is reassigned for cause, or for administrative purposes,the pay shall be adjusted to fit the job according to the principles of classification and equal pay for equal work. D. Reinstatement of employees who have resigned. 1. No preferential pay treatment shall be given to reinstated employees. The principles of job classification and equal pay for equal work, which includes work experience, shall apply as if to a new employee. 2. An employee who has resigned due to special reasons such as, but not limited to, family illness of e"eational leave (tip to two years a*d w44 prior- appr-oval of the e4y manager-) shall have reinstatement rights according to arrangements made in writing at the time of the resignation and provided, the job is available. E. Reinstatement of employees returning from miliary leave - . A city employee who returns from military leave shall be reappointed in accordance with the United States Code Annotated Title 50, War and National Defense Military Selective Service Act of 1967; 459, Separation From Service (a), (b), (c), (f) and(g). F. Layoffs. Page 9 of 46 194 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 1. When an employee, following layoff, is reemployed in the same position from which the employee was laid off, the employee shall be placed in the same step the employee occupied at the time of layoff. 2. When the employee is reemployed in a position having a lower pay range, the employee's rate of pay shall be assigned according to standard principles of job classification and equal pay for equal work. 3.15.050 Compensation during temporary assignment. A. When any employee is temporarily assigned to a position, by prior written desi,-nation, with a higher pay range for a period of at least three consecutive working days but less than thirty (30) calendar days, of when a department head is out of state for any length of time, or when the department head is in state and deems it appropriate for an employee to be temporarily assi,-ned to a position, the employee shall be compensated above the employee's base rate by 25 percent(25%). B. If an employee's base rate is the maximum of the pay range,the employee shall be compensated above the maximum pay range by 25 percent(25%). C. If the assignment is for a period of thirty (30) calendar days or more, the employee shall be paid at the first step of the higher pay range or the employee shall be given a 25 percent(25%) increase as provided in the preceding sentence,whichever is higher, for the full period worked in the temporary assignment. D. An employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay E. An overtime elizible employee workinz in an overtime exempt position will receive the employee's hourly rate plus 25 percent (25%) and will be paid for overtime at time and a half of the overtime-exempt position base hourly rate. 3.15.055 Hours of work. A. Regular working hours of city employees shall consist of a five-day week, eight hours a day, 40 hours a week. B. Special provisions for a modified schedule, such as a four-day week,ten hours a day, 40 hours a week may be permitted with approval by the city manager. C. The standard work week shall consist of the period from midnight Saturday to the following midnight Saturday. D. The standard workday shall consist of the period from midnight to midnight. E. Different schedules to meet departmental operating needs shall be established and altered by department heads, with approval of the city manager. F. Temporary shifting of employees' working hours to meet routine needs shall be done as necessary and approved by the department head. 3.15.060 Overtime. A. Generally. Overtime compensation will be paid to all employees except those determined to be exempt from the overtime requirements of the federal Fair Labor Standards Act. 1. All employees who are not exempt from the overtime requirements of the federal Fair Labor Standards Act and who are requested to work over eight hours in a day or 40 hours in a week shall be paid at time and one-half for overtime hours. Page 10 of 46 195 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Employees working ten-hour shifts who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act and who are requested to work over ten hours in a day or 40 hours in a week shall be paid at time and one-half for overtime hours. 3. Regular employees who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act and who work on a holiday shall be paid at time and one-half for all hours worked on such holiday in addition to holiday pay under section 3.50. B. Approval of overtime work. 1. All overtime worked must have the approval of the department head concerned prior to the employee working the overtime, except in cases of emergency which preclude such prior arrangements and shall be paid in accordance with applicable laws and policies. 2. The department head or other person in charge of providing emergency service shall see the overtime hours are properly recorded. The department head shall review the record and certify to the finance department any overtime approved for payment as soon as practical thereafter. C. Overtime for police officers and police recruits. 1. Police officers. Police officers who are not exempt from the overtime requirements of the federal Fair Labor Standards Act shall be entitled to overtime pay when required to attend court session while not on regular duty. 2. Police recruits. a. Police officer recruits while attending the academy, will be paid their normal rate of pay. Workdays for time sheet reporting purposes will be Monday through Friday 0800 hours to 1700 hours, with one hour for lunch included. b. Overtime will be authorized for worked holidays and be claimed as eight hours of holiday pay and eight hours of overtime. c. No other overtime is authorized. D. Exceptions for shift rotation. Due to shift rotation, there is an exception to overtime pay for work over eight hours in a 24-hour period, is t +dtie to shift et +iei ,provided there has been off-time of at least eight hours between shifts. E. Shift differential. Shift differential compensation applies to all employees of those departments which schedule work 24 hours per day who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act on the following bases: 1. Swing shift. The employee who is assigned to swing shifts shall receive two and one half three percent (3 2-45%) additional pay to the employee's current salary for the period the employee serves on swing shift. 2. Graveyard shift. The employee who is assigned to graveyard shifts shall receive €i-e 6 percent(6 5%) additional pay to the employee's current salary for the period the employee serves on graveyard shift. 3.15.064-70 Standby time compensation. A. Only department heads are authorized to create stand-by schedules. B. An employee is not on standby unless as formally desi,-nated on an authorized standbv schedule. C. Employees uncertain if they must remain reachable and available for work should seek clarification rather than assuminz they are on standby. Page 11 of 46 196 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX D. A-. Standby compensation. A non-exempt, full-time employee assigned by the empl yee's stipef-viser-te be en standby during off-duty hours,under circumstances where the standby time does not qualify as hours worked, shall be compensated two hours of overtime pay for each standby period the employee is asked to serve when such standby is approved by the supervisor in writing. E. 43-. Standby period defined. 1. A standby period is defined as the period from the time the employee leaves the employee's work site after the conclusion of a normal work day to the following day when the employee is scheduled to return to work. 2. When an employee is placed on stand-by during the weekend or on a holiday, each weekend day or holiday is considered a separate stand-by period. F. C-. An employee on standby wee must be reachable and available for work after re-ularly scheduled work hours. The employee is required to be reachable by the employee's supervisors by telephone, radio or other electronic device. G. P- Personal activities while on standby. The employee is free to pursue personal activities as long as communications are possible and the employee is in a state of readiness to respond in a reasonable amount of time to a call for service. H. Standby pay for police officers. 1. At the direction of the Chief ofPolice or desi,-nee, an officer will be placed on a schedule and desi,-nated as standby on Friday and Saturday ni,-hts when only one officer is assi,-ned to work a shift. 2. Officers desi,-nated as being on standby and placed on the schedule as standby must remain available for work after re,-ular scheduled hours. 3. Desiknated officers shall receive two (2) hours of overtime at the employees're,-ular rate of pay with a two (2) hour minimum for a call out. 4. Desi-nated officers receivinz standby pay must answer any incominz calls and be able to respond within thirty (30) minutes of the call beinz placed. L_ & Compensation for duties performed while on standby. If called to perform duties during the off-duty hours,the employee shall be compensated for a minimum of two hours at overtime Fates addressed in seetion 3.15.060(a) and (b). 3.15.075 Call-out compensation. A. Call-out period defined. 1. The call-out period is defined as the period from the time the employee leaves the employee's worksite to the followinz shift the employee is scheduled to work. B. Call-out compensation. 1. An employee shall receive overtime pay at the rate of time and a half of the employee's re,-ular pay rate when the employee is called out to perform additional work by the employee's supervisor. 2. This call out pay shall have a two (2) hour minimum of overtime pay. C. Early call-out. 1. An employee called into work between the hours of midnizht and 7 am shall receive time and a half the employee's re,-ular pay rate. 2. The employee's pay rate will revert to the employee's re,-ular pay rate at 7 am on the employee's normal schedule workday. Page 12 of 46 197 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX D. Non-exempt supervisors called off duty for questions from subordinates shall be paid in 15- minute increments of overtime. 3.15.0806-5 Police department clothing allowance. A. Members of the police department shall be provided with two complete uniforms a etkef-year. wh-'ieh iiielti es two of pa*ts, two shit4s, and on of Loots — B. On odd years, police officers will be provided summer boots. C. On even years, police officers will be provided winter boots. D. B-All uniforms are the property of the City of Seward and shall be returned to the city before the separation from city service. 3.15.0908 Changing pay range assignments. When a pay range for a class of employees is readjusted for reasons such as reclassification or reassignment of duties, the base rate of employees occupying positions in the class shall be adjusted as follows: A. Adjustments to higher pay range. If the pay range is adjusted upward, all employees in the positions affected shall be compensated at a rate equal to the employees pre-adjusted rate increased by one step for each pay range advanced, not to exceed the maximum of the new range. Future increases will be measured from the pay range as adjusted. B. Adjustment to a lower pay range. If the pay range is adjusted to a lower range, employees in positions affected shall not receive reductions in their base rate salary upon pay range adjustment. If an employee's pre-adjustment base rate exceeds the maximum rate of the new pay range, the employee's rate of pay will remain unchanged until that rate corresponds with a step within the adjusted pay range. 3.15.1008-5 Annual Longevi bonus. A. All regularfull-time employees, after completion of one year's service, equal to (two thousand eighty (2,080) hours, shall be paid longevity pay at the rate of one percent and a ha l (1.501'0) of the employee regular annual salary. B. Eexgev4y This annual bonus pay shall be paid once each year OR during the first December pay period. . C. Any break in city employment longer than thirty(30)calendar days will advance the eligibility date by the number of days in excess of thirty (30). D. Time served as temporary employee shall not be included in the 2080 hours calculation. 3.15.11094 Retirement. The city has in effect a retirement plan with the Public Employees Retirement System (PERS)for all eligible city employees as set forth by city council. 3.15.12095 Insurance and medical benefits. A. A regular city employee is entitled to participate in the group life and health program administered by the city manager and approved by the city council, provided the employee works an average of thirty (30) hours per week. Page 13 of 46 198 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. The city shall contribute to each regular city employee's group health premium, up to the maximum amount determined from time to time by the city manager and approved by the city council. C. Absences due to paid leaves, some cases of leave without pay and those absences covered by workers' compensation shall not interfere with the benefits. D. The human resources manager shall provide all eligible employees with applications and information concerning the programs and the finance department shall provide for payroll deductions to cover the employees' premiums. 3.15.1304 Effective date of changes in pay. A. Generally. Effective date of personnel transactions and implementing classification, reclassification and special merit increases shall be the beginning date of the pay period following the effective date of change. B. Regular merit and probationary increases. Effective date of personnel actions implementing approved regular merit and probationary increases shall be the day following completion of specific period of service, or such later date as a deferred request may be approved. C. Promotions, reassignments and reinstatements. Effective date of personnel actions implementing approved promotions, reassignments and reinstatements shall be the first day of the new approved status. D. Executions. Nothing in this section shall prohibit retroactive pay approved by the council or required because of administrative oversight or error. Chapter 3.20 Recruitment 3.20.010 Policy. It is the City of Seward's policy to recruit and select the most qualified person for positions in the city's service. To ensure this policy is carried out, it is the appointing authority's responsibility to: A. Conduct recruitment and selection in an affirmative manner to ensure open competition; B. Provide equal employment opportunity; C. Prohibit discrimination because of race, age, disability,political affiliation,religion, sex, color, pregnancy, ancestry, marital status, veteran status, national origin or any other discriminatory factor prohibited by law. The standards set forth in the American with Disabilities Act will be followed in the selection of employees of the city. 3.20.015 Recruitment method. The city manager or designee shall develop and conduct an active recruitment program designed to meet current and projected work force needs. Recruitment will be tailored to the various classes of positions to be filled and will be directed to all sources likely to yield qualified candidates. 3.20.020 Job announcements and publicity. A. In order to attract an adequate number of candidates for present or anticipated vacancies and to permit successful competition with other employers, the human resources manager shall issue job announcements and otherwise publicize vacancies through such media including,but not be limited to, the local newspaper and the city's website. Page 14 of 46 199 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. Job announcements shall be clear and readable. They shall include the job title, salary range, job qualification requirements, examination information(including the time,place and manner of completing applications and other pertinent information). C. Publicity for job vacancies shall be conducted for a sufficient period of time to ensure reasonable opportunity for persons to apply and be considered for employment. D. In any event,job vacancies shall be formally announced at least ten calendar days prior to the closing date for filing applications. E. The city manager may also initiate continuous recruitment programs for any class of positions as appropriate. F. All job announcements for regular appointments shall be publicized first to all city employees at least five calendar days prior to advertising publicly. 3.20.025 Application form. A. All applications for employment shall be made on forms prescribed by the city manager. B. The forms shall require background information to include training, experience and other pertinent information. C. All applications must be signed and the appointing authority shall require proof of statements. D. Application forms shall not elicit any information concerning race, politics, religion, national origin, sexual orientation, marital or family status. 3.20.030 Preemployment physical examinations. A. Employees in positions with high physical risk shall have a preemployment physical examination. B. The cost of the examination shall be paid for by the city. C. A pre-employment examination may be conducted by the physician of the employee's choice; provided, however, the cost of the examination shall be deducted from the employee's final paycheck if the employee voluntarily terminates employment ninety (90) days or less from the date of hire. 3.20.035 Rejection of applicants. A. The appointing authority may reject any application which indicates the applicant does not meet the minimum qualifications established for the position. Applications may also be rejected if the applicant: I. Has deliberately falsified any information on the application form; 2. Is unable to meet the physical, mental or other requirements demonstrated as necessary to perform the work of the position provided, however, the city shall comply with all applicable provisions of the Americans with Disabilities Act; 3. Does not meet the legal age limits or other requirements established by state law; 4. Has established an unsatisfactory employment record of such nature as to demonstrate unsuitability for the position. B. Whenever an application is rejected, notice of the rejection shall be promptly made to the applicant by the human resources manager. Page 15 of 46 200 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.20.040 Pre-employment screening. A. Regular city positions. For all regular city positions, newly hired employees are required to undergo a criminal background check and may be subject to pre-hire drug testing if required by the city drug-testing policy or federal law. B. A criminal background check is required for temporary positions requiring public security, administrative confidentiality, working with youth, or cash handling. Chapter 3.25 Selection 3.25.010 Selection devices. A. The appointing authority, in conjunction with the department heads supervising the positions, shall determine the selection device or devices to obtain the best qualified candidates for each position. B. The selection devices may include work sample or performance tests, practical written tests, individual physical examinations, background and reference inquiries and evaluation of training and experience provided, however, that the city shall comply with all applicable provisions of the Americans with Disabilities Act. 3.25.015 Confidentiality. Selection material shall be disclosed only to the city manager, human resources manager, and the concerned department head and supervisor. Every precaution shall be exercised by all persons participating in the development and maintenance of selection materials to maintain the highest level of integrity and confidentiality. 3.25.020 Open competitive selection. Job vacancies shall be open to all city employees who meet the prescribed minimum qualifications for the position. 3.25.030 Method of rating. The appointing authority shall establish a minimum or passing rating for each device used in the selection process. The final rating shall be determined for applicants with passing ratings in accordance with the weight established for each device as contained in the job announcement. 3.25.035 Probationary period. A. Probationary period - generally. All appointments are subject to a probationary period of ISO days, unless the probationary period is extended,prior to the acquisition of regular status. B. Satisfactory performance rating required. 1. Probationary employees must obtain at least a satisfactory performance rating at the completion of their probationary period in order to obtain regular status. 2. Probationary periods can be extended if deemed necessary by the employee's supervisor. C. Termination while on probationary status. 1. At any time during the probationary period, a newly hired employee serves "at will" and may be disciplined or discharged for any reason or for no reason. 201 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Just cause is not required for any form of discipline or separation during the probationary period, with no recourse to the grievance procedure. D. Reassigned employee probationary. 1. When an employee is reassigned to a position where the employee previously held regular status, no probationary period shall be served. 2. When an employee is reassigned to a position where the employee did not hold regular status, the department head shall decide whether a probationary period shall be served, subject to the approval of the city manager. The employee concerned shall be notified in writing of the decision before reassignment is accomplished. E. Promoted employee probationary. 1. When it becomes clear that an employee serving a promotional probationary period is not performing adequately, the employee shall be so informed in writing with a copy to the appointing authority. 2. If reassignment is found to be necessary, the employee shall be reassigned to a position in the employee's previous class and the employee's anniversary date shall remain unaffected. F. Reinstated employee probationary. An employee reinstated within two years of termination shall not be required to serve a probationary period unless rehired into a different position than previously served or if the previous probationary period was not completed. G. Sworn officers of the police department and municipal correction officers. 1. Sworn officers of the police department and municipal correction officers are required to serve the probationary period established by the Alaska Police Standards Council in addition to the probationary period established by the city. 2. These periods shall run simultaneously but for the purpose of personnel decisions, permanent status is attained only after certification by the Alaska Police Standards Council. 3.25.040 Temporary, seasonal and on-call appointments. A. Temporary appointment- length of time. 1. Temporary appointments shall not exceed nine consecutive months. 2. No temporary employee shall work more than nine months in a calendar year. 3. Consecutive nine-month appointments cannot be served without a break in service as defined in section 3.01.035. B. Seasonal employees. 1. Seasonal appointments shall be made on a seasonal basis with the expectation that the employee will return to their position consistent with the city's needs, although the hiring will be temporary pursuant to section 3.25.040(a). 2. No employee shall have the absolute right to continued employment in any particular position. C. Temporary or seasonal employees with prior work status. 1. Employees hired on a temporary or seasonal basis with prior city work status may be given preference for reemployment on the recommendation of the department head and approval of the city manager. 2. Job announcements for temporary or seasonal positions shall contain notice that persons with prior city work status may be accorded preference for re-employment. D. On-call appointment. Page 17 of 46 202 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 1. Employees may be hired on an on-call basis upon the recommendation of the department head and approval of the city manager. 2. On-call appointments may be for no more than 180 calendar days. 3.25.045 Emergency appointments. A. The appointing authority may authorize emergency appointments not to exceed thirty (30) calendar days. B. The appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment to city services. C. Emergency appointments are not entitled to any benefits. 3.25.050 Term appointments. A. The appointing authority, or a department head with the approval of the city manager, may appoint term employees. B. A term employee is an employee in a position,full or part-time,that is designed for a specified period of time of more than nine months and less than two years for a specific purpose or proj ect. C. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military or education leave. However, annual leave shall be credited retroactive to the date of term appointment if a term employee is appointed as a regular employee without a break in service as an employee of the city. Chapter 3.30 Performance Evaluation 3.30.010 Purpose. The primary purpose of the employee performance evaluation program is to inform employees how they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluations shall also be considered in decisions affecting salary advancement, promotions, reassignments, dismissals, order of layoff, order of reemployment, placement and training needs. 3.30.015 Administration. The appointing authority shall administer the employee performance evaluation. Administering the employee performance evaluation shall include advising and assisting employees, rating officers and reviewing officers to ensure performance evaluation procedures are handled in accordance with the provisions stated in this chapter. 3.30.020 Periods of evaluation. Each regular employee's performance shall be evaluated at the following times: A. End of probationary period. 1. Each employee shall be evaluated approximately ten days prior to the completion of the employee's probationary period. Page 18 of 46 203 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. The employee must have an overall evaluation of at least"satisfactory" in order to become a regular employee. 3. If the probationary period ends without being extended or the employee being terminated, it is assumed the employee's performance is satisfactory even if the performance review is not completed. In this case, the employee shall receive their pay increase. B. Annual. 1. Each employee shall receive an annual performance evaluation on or near the employee's anniversary date except department heads and city manager staff shall receive an annual performance evaluation in January of each year. 2. The employee must have an overall evaluation of at least "satisfactory" in order to receive a step increase. 3. When an annual evaluation is not completed and discussed with the employee within thirty (30) calendar days following the employee's anniversary date in a position, it is assumed the employee is meeting performance expectations,unless shown otherwise by substantial evidence. If a performance evaluation is not completed timely through no fault of the employee, it is assumed the employee performance is satisfactory, and the employee shall receive their pay increase. C. Special. A special performance evaluation may be completed when there is a significant change either upward or downward in the employee's performance. 3.30.025 Evaluator and form of evaluation. A. Rating officer. 1. The rating officer shall be the employee's immediate supervisor. 2. The rating officer shall be responsible for completing a performance evaluation on the form provided and approved by the city manager at the time prescribed for each employee under the supervisor's supervision. B. Reviewing officer. 1. The reviewing officer shall be the rating officer's immediate supervisor. 2. The reviewing officer shall review the performance evaluation report completed by each rating officer under the rating officer's jurisdiction before the report is discussed with the employee. 3. The reviewing officer shall consider the performance evaluations completed by the rating officer when evaluating the rating officer's performance. 4. The reviewing officer for a department head acting as rating officer shall be the appointing authority. There shall be no review of the appointing authority acting as rating officer. 3.30.030 Review of performance report. The rating officer shall discuss the performance evaluation report with the employee and the employee will be allowed to add comments if desired, before the report is made part of the employee's personnel file. 3.30.035 Unsatisfactory evaluation. A. Before discussing an unsatisfactory evaluation that does not recommend a step increase with an employee, the rating officer shall discuss the evaluation with the city manager and obtain the city mana,-er's siknature. Page 19 of 46 204 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. In the case of unsatisfactory performance, the rating officer will include in the written comments, remedial actions required by the employee. C. Employees who receive an overall rating of"unsatisfactory" on their annual evaluation shall not be eligible to receive a step increase. 3.30.037 Employee signature. After discussion of the performance evaluation is completed, both the rating officer and the employee shall sign the completed evaluation form. However, the form shall not be considered incomplete or invalid because the employee fails or refuses to sign it. 3.30.045 Disciplinary action. A. All employees shall be informed of applicable standards of performance and personal conduct of city employees in various positions. B. Employees shall be acquainted with the various provisions of disciplinary action regulations. C. All city employees shall have in their possession a copy of an up-to-date personnel regulation's manual. D. A copy is always available in the human resources manager's office. 3.30.050 Disciplinary action procedure. A. Disciplinary action required in writing. All disciplinary actions, exeept^r^' .,,amani*ions, shall be documented in writing,presented to the employee, and placed in the employee's personnel file. 1. The documentation shall be reviewed with the employee and sincere efforts shall be made to obtain agreement with the employee that facts are stated correctly, that: a. The inappropriate or incorrect behavior did occur, b. It represented behavior that should be disciplined, c. The discipline is appropriate, and d. The employee will act to remedy the disciplinary issue and the unwanted behavior will not be repeated. 2. If errors are found, the letter shall be redone and again reviewed. 3. The employee's comments shall be added. 4. The employee shall be requested to sign the document and informed that the employee's signature indicates only the employee's agreement that the document accurately records the discussion. 5. If the employee refuses to sign the document,the statement shall be entered: "(Employee's Name)read the contents on (date) and refused to sign." B. Document distribution and disciplinary review. 1. One copy of each completed document shall be forwarded immediately to the city manager's office for review and inclusion in the employee's personnel file. 2. A copy shall be given to the employee. 3. The supervisor may, if necessary, complete reviews of the employee's progress correcting the cause of the original action at scheduled intervals throughout the following 12 months. These reports shall be in writing. 4. Upon request of the employee, 12 months from the date of the action concerned, the city manager shall review the disciplinary action and if no subsequent report of similar Page 20 of 46 205 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX violations has been made, the department head shall be notified to return department and division copies to the affected employee. The original shall be sealed in a confidential envelope and replaced in the employee's personnel file. The envelope shall not be referred to again unless there is a later occurrence requiring further discipline. 3.30.055 Suspension without pay. A. Except as this section provides otherwise, the appointing authority, or a department head with prior approval of the city manager, may suspend an employee without pay: 1. for cause for a period not to exceed thirty (30) calendar days in any calendar year, or 2. while disciplinary charges against the employee are pending final disposition. B. A suspension shall be recorded in writing. C. All documents shall be reviewed with the employee immediately after preparation if possible. D. Following this action,a copy shall be given to the employee and a copy forwarded immediately to the appointing authority. 3.30.060 Reassignment. A. An appointing authority may reassign an employee for any reasonable administrative reason, for disciplinary reasons in accordance with other provisions of this title, or upon the request of the employee. B. Reassignment for disciplinary reasons is considered as a more moderate penalty than dismissal and may be offered in lieu thereof, as approved by the city manager, when mitigating circumstances warrant such leniency. Chapter 3.35 Employee Development 3.35.010 Purpose. The purpose of the employee development program shall be to foster and promote the training and development of employees in order to: A. Improve the quality of services to the city; B. Equip employees for career advancement within the city service; C. Provide a reservoir of occupational skills necessary to meet current and future employment needs. 3.35.015 Development and administration. A. The city manager shall have overall responsibility for the development, administration and coordination of the employee development program and shall: 1. Assist the department heads in developing and implementing employee development programs to meet the current and future needs of their departments and to increase employee efficiency; 2. Conduct or coordinate employee development programs to meet the common needs of all departments; 3. Maintain a file of current information and materials on job requirements, training opportunities, employee development manuals and other employee development literature; 4. Maintain a record of all training conducted and ensure authorized employee development programs are properly administered; Page 21 of 46 206 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 5. Periodically analyze and evaluate the overall development needs of employees within the city service; 6. Assure all employees receive equal consideration for appropriate training opportunities; 7. Assure employee personnel files are updated upon successful completion of any employee development activities to ensure maximum consideration for placements, transfers and promotions; B. Department heads shall provide active leadership in developing the employees under their supervision. In this capacity, the department head shall: 1. Cooperate closely with the city manager in determining the current and future employee development needs in the department; 2. Participate with the city manager in developing and implementing employee development programs; 3. Budget sufficient funds to secure needed career development programs; 4. Evaluate the effectiveness of completed career development programs and make recommendations for improvement where appropriate; 5. Assure employees are provided with sufficient time to participate in career development programs. Chapter 3.40 Grievance Procedure 3.40.010 Policy. Pursuant to SCC 3.25.035, probationary employees, including seasonal employees, are excluded from this grievance procedure, but may approach their supervisor or the appropriate authority to report violations of city code or policy. The presentation of any grievance shall be the right of each employee without fear of reprisal. 3.40.012 Purpose. The purpose of this chapter is to resolve disputes at the lowest level possible. Informal resolution is encouraged. The city has an open-door policy and all employees are encouraged to discuss matters of concern with members of management, including the city manager at any time,without having to file a formal grievance. 3.40.015 Discussion of a problem with supervisor. A. Any employee having a problem regarding employment shall first and promptly discuss the problem with the immediate supervisor. B. Where an employee disagrees with the supervisor's decision regarding a complaint, the employee may document the disagreement for placement in their personnel file, at the employee's insistence. C. If the problem is not settled and it meets the definition of a grievance in Section 3.40.020,the the employee has the right to present the grievance. D. No employee shall be intimidated, harassed, retaliated against, or reflect in their evaluation because they bring forward a problem, concern or grievance. Page 22 of 46 207 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.40.020 Definition of a grievance. A. A grievance is a written complaint by the employee or group of employees alleging a specific violation of rights under or failure to apply a section or sections of the city code or charter,city Bode, persefine' .- les and reg"'atiens or misapplication or interpretation thereof, er which directly pertain to the terms or conditions of employment of such employee or group of employees by the City of Seward. B. A grievance is not to resolve general complaints or concerns regarding other employees or disagreements about how work is to be accomplished. Complaints about such matters are resolved at the department level. C. Personnel policies and code guide the behavior and actions of employees; the grievance process addresses the violation, misapplication or interpretation, or neglect of and citV code. 3.40.025 Supervision of grievance procedure. A. The appointing authority ' shall oversee the handling of all employee grievances so that they are processed in accordance with the procedures stated in this chapter. B. Supervisors and department heads shall keep the city manager, or in regard to the city clerk's office, the city clerk, and human resources manager informed of all grievances in progress. C. Assistance in understanding the grievance procedure will be provided by the human resources manager if requested. 3.40.030 Grievance procedure steps. A. Time measurement. In the application, "workin- day" shall exclude Saturdays, Sundays and reco,-nized holiday. B. Stipulations.At each step of the grievance procedure,the time requirements may be extended by mutual a,-reement. C. Settlements. Nothinz in this section shall be construed to prevent settlement of a zrievance by mutual agreement of the parties at any time. D. Commencement. 1. A zrievance must be initiated within 15 workinz days after an employee knew or should have known of the act or condition upon which the zrievance is based. 2. For disciplinary zrievances, this time limit runs from issuance of the discipline letter. 3. Failure of the employee to comply with this time limit shall operate as a waiver of the -rievance. E. Step procedure established. Any g-rievance shall be handled as follows with each step to be taken only if a satisfactory adjustment cannot be obtained in the previous step. 1. Step Y. a. The grieving employee shall discuss the grievance with the appropriate immediate supervisor. within 15 working days from the time of occurrence of the problem. Page 23 of 46 208 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX b. If the employee and the supervisor fail to agree on a resolution of the issue within ten working days from the date the grievance was initiated, Step 2 will be followed. c. The grieving employee shall have five additional working days from the date of the Step I discussion to proceed to Step 2. A. the gfievanee is timely r-eeeived ffofn the employee. 2. Step 2. a. The employee shall prepare a written statement of the grievance and present it to the human resources manager with a copy to the city manager within 15 working days of the time limit in subsection (E)above, plus 5 additional days if applicable under 1(c) above. The statement shall include the following information: 1. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence; 2. The remedy or correction the supervisor was requested to make; 3. The section or sections of the Seward City Code relied upon or alleged to have been violated, if applicable; 4. The signature of the employee; and 5. The date the statement of the grievance was prepared. b. The human resources manager shall forward the written statement to the appropriate department head. c. The department head will investigate the grievance and meet with the employee to discuss the grievance within ten working days. d. The department head will notify the employee of their decision within five working days following the meeting date. ten wer-king days, or- if the empleyee feels the answer- r-eeeived is 4-4-A-t- qsatissfaetet=y, the the wr-44en sta4efnent to their- depaFtment head within ten working days after- t e. The depaFtment head will notify the empleyee of their- deeision within five day.& In regard to employees of the office of the city clerk, non-disciplinary grievances not resolved at Step 1 will be forwarded to council in a confidential informational memorandum and will not proceed to Step 3. 3. Step 3. a. If the employee has not received an answer from the department head within five working days, or if the employee believes the answer received is not satisfactory, the employee may appeal in writing to the city manager within five working days after the supervisor's final deadline in Step Two. b. The city manager, or designee, will investigate the grievance and meet with the employee to discuss the grievance . Page 24 of 46 209 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX c. The city manager, or designee, will notify the employee of their decision within €tee fifteen (15) working days following the meeting date, or, if no meeting is had, within twenty (20) days of receipt of the step 3 zrievance fling. d. The step 3 zrievance response is final and concludes the Zrievance process except for matters which are arbitrable as provided below. The city manager shall maintain a confidential file containing all Step 3 grievance responses. 4. Step 4.Arbitration. A. If the grievance is not resolved at Step 3, the grievant may demand arbitration of the -rievance only if 1. Such a demand is otherwise timely initiated and timely advanced as to each step in the zrievance process, and made in writinz no later than 7 workinz days after the step 3 response was due or received, and 2. The zrievant cooperates in selectinz and arranzinz for an arbitrator and arbitration hearinz; and 3. The demand includes a clear and concise statement of the issue and code sections to be submitted to arbitration; and 4. The issue statement does not conflict with an applicable collective bamaininz agreement or the exclusive representation of an employee by his or her union; and 5. The issue statement is within the issues raised in the step 2-rievance filinz and within the definition of a zrievance under 3.40.020. No new issues may be added by the zrievant by amendinz this issue statement or by raisinz new issues at the arbitration; and 6. The zrievance or issue statement are not substantially similar to a previously fled -rievance; and 7. The zrievance and issue statement can fairly be said to fit one of the two ollowin : a. A grievance over the wievant's involuntary dismissal from city service of a -rievant who is not servinz a probationary period, or b. A zrievance, not involvinz an involuntary dismissal, that presents plausible and substantial evidence of a maior unremedied and onzoinz violation of city code that substantially and materially impairs the zrievant's workink conditions, and which i. Does not involve discipline; and ii. Does not involve the failure to hire or promote a candidate the zrievant believes should have been hired or promoted, and iii. Does not involve a mere difference of reasonable opinion about how to interpret city code, re-ulation, policy; and iv. Does not primarily concern a mere personal of professional personality conflict. Page 25 of 46 210 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 8. For dismissal-rievances under subsection (7)(a) above, the arbitrator shall find that dismissal is for iust cause if it is not for any arbitrary and capricious reason, and based on substantial evidence reasonably believed by the employer to be true. 9. If a demand for arbitration does not comply with the whole of subsection (4)(A) above, the City shall refuse to arbitrate the-rievance. date�tho�ct ugo �>tex��te�en a per to ex�i p - B. Sign-iTie&4 diseiplinafy g i nd viala4iens—o-f e4y ce Within twenty (20) seveff eal e* of working days of an employee's receipt of a timely request for arbitration, the human resources manager shall secure the assignment of a hearing officer from the State of Alaska Office of Administrative Hearings, under AS 44.64.030(b), or shall provide the employee with a list of names of at least three Alaskan arbitrators. A list of qualified labor arbitrators may be obtained by the Federal Mediation and Conciliation Service, by identifyinz a member of the Alaska Bar Association who works as a professional mediator or arbitrator, or by another reasonable means to secure an unbiased and professional arbitrator. w44 t4e Alaska Bar- Asseeia4iofi, preferably w44 a4 least five years of exper-ieffee a. 4,The employee shall have seven calendar days from receipt of the list to select an arbitrator from the list. Once an arbitrator is appointed,the parties shall confer with the arbitrator and select an acceptable date for the arbitration. Unless othen-��� • b. The arbitrator shall conduct the hearing according to generally accepted standards and procedures for grievance arbitration. The fact that the city may have considered the merits of the grievance at any point of the grievance procedure shall not constitute a waiver of the city's right to contest the arbitrability of the underlying grievance. c. The employee may be represented at arbitration by a duly authorized representative. If the employee will be represented at arbitration, written notice of such representation shall be provided to the human resources manager at least ten calendar days before the date set for the arbitration. Once the human resources manager receives notice of such representation,the city shall communicate directly with the representative on all matters concerning the arbitration, unless otherwise agreed to by the representative. d. The arbitrator shall have no authority to add to, alter, delete, or modify any statute, regulation, ordinance, or labor agreement, or to issue any award on a matter not raised in the issue statement provided in subsection (A) above, the ^^mr'^ir*file The arbitrator shall have no authority to determine a violation of state or federal law. The arbitrator will be bound by the substantive scope of an arbitrable -rievance as defined in subsections (A) above and 3.40.020. The Page 26 of 46 211 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX arbitrator shall not make any award involving payment to a party for events, actions, or omissions giving rise to the grievance. If the city asserts the grievance is untimely or otherwise procedurally barred, the arbitrator shall not determine any substantive issue unless findinz the-rievance timely and procedurally compliant. The burden of proof and persuasion will be on the-rievant to show city code was violated. e. The decision of the arbitrator shall be final and binding on all parties and shall only be subject to appeal in the superior court in accordance with AS 9.43.120 9.43.150. Either party may make application to the superior court to enforce a decision of the arbitrator. f. In the application of this section, the term "employee" shall include any duly authorized representative of the employee who alleges a grievance. g. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. The expenses f t4e arrbi4ator shall be beRie by the e4y. h. Each party shall bear one-half of the arbitrator's fees. Other expenses shall be borne by the party incurrinz them, and neither party shall be responsible for the expenses of witnesses called by the other party, except that witnesses who are employees of the city shall be paid by the city for normal workinz time spent testifyinz at the hearing. The zrievant may not file a new -rievance until satisfyin,-their obli,-ation above for the arbitrator's fees. i. 4-O-. Submission of a grievance to arbitration shall not act as a stay of any action unless a stay is expressly approved by the manager or his designee. j. 44-The provisions for grievance or arbitration contained in this section shall not apply to employees who have not successfully completed the probationary period required by code at the time of the alleged action or omissions, or to exeetf eleyees Probationary employees appeal e this.»'.»,..., hea-inn an may be terminated in accordance with SCC 3.25.035(a). 3.40.035 Employee representation. A. Each employee shall be afforded an opportunity to be represented at each of the above steps by a representative of the employee's choice. B. Employees shall contact and discuss their problems with their representative only during break periods, lunch hour, before or after work or at any other time when they are not on duty. However, grievance hearings may be held during work hours. 3.40.040 Time limits. A. If the grievance procedures are not initiated within the time limits established by this chapter, the employee shall be considered as having waived the employee's right to grieve the particular violation and initiation of a grievance for the same act or omission is thereafter barred. B. Any grievance not taken to the next step of the grievance procedure within the time limits established by this chapter shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this chapter. Page 27 of 46 212 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX C. If the city fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, such grievance shall advance to the next step only by written advancement by the zrievance within the timeframes described above for non- response. 3.40.045 Extension of time limits. A. The time limits prescribed in this chapter for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. B. Likewise, any step in the grievance procedure may be eliminated by mutual consent. C. Mutual consent shall be indicated in writing and shall be signed by all.r^•*��^ D. Although all efforts should be made to comply with the time limits for initiation and completion of the steps in this grievance procedure, each time limit may be waived for excusable neglect or impossibility such as illness or planned leave. 3.40.060 No discrimination or reprisals. Employees are entitled to have grievances resolved without fear of recrimination or penalty. Employees shall be free from interference,restraint,coercion,discrimination or reprisal in utilizing or for utilizing the grievance procedures contained in this chapter. Efflpl ees shall be f ee �^m Chapter 3.45 Annual Leave 3.45.010 Annual leave entitlement. Regular employees shall be entitled to leave accrual benefits. 3.45.015 Annual leave accrual rate. A. Annual leave shall accrue at the following rates for full-time personnel based upon continuous length of service: 1. For personnel with less than three years of service, the accrual rate shall be 13 1/3 hours per month of service or 160 hours per year; 2. For personnel with three to six years of service, the accrual rate shall be 16 2/3 hours per month of service or 200 hours per year; 3. For personnel with six to ten years of service, the accrual rate shall be 20 hours per month of service or 240 hours per year; 4. For personnel with ten to 14 years of service, the accrual rate shall be 25.275 hours per month of service or 303.33 hours per year; 5. For personnel with 15 years of service or more, the accrual rate shall be 28.925 hours per month of service or 347.1 hours of service. B. With the discretion of the city manager, annual leave accrual for department heads may be increased at the time of initial appointment by applying § 3.45.015(a)(2) in place of § 3.45.015(a)(1).A department head initially hired with leave established under§ 3.45.015(a)(2) may achieve leave under § 3.45.015(a)(3) after three years of service. C. No leave request will be honored unless it is determined the employee has a sufficient annual leave balance. D. It will be the decision of the city manager to grant leave without pay. Page 28 of 46 213 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.45.020 Leave accrual while employee is on paid leave. Leave continues to accrue during the period of time an employee is on paid leave. Leave does not accrue during periods of leave without pay. 3.45.025 Computation of leave accrual for regular part-time employees. Regular part-time employees shall accrue leave at the same rate as regular full-time employees, except that leave shall be in the proportion of actual hours worked to the number of normal duty hours in a month for a full-time employee. 3.45.030 Temporary appointment leave accrual. Temporary appointments shall not accrue leave. 3.45.035 Maximum hours which may be in annual leave balance. The maximum leave which may be in annual leave balance is 720 hours. 3.45.040 Annual leave use. A. Timing of use.Employees who are entitled to accrue annual leave upon satisfactory completion of their initial probationary period shall receive credit for annual leave accrued since date of appointment. Probationary employees may use their accrued leave with department head approval. B. Regular use of annual leave. 1. Annual leave may be used for any purpose desired by the employee. 2. The employee has the right to determine when the employee shall use it. 3. The employee shall be allowed to use any amount of annual leave at the time the employee desires that will not be detrimental to departmental operations, as determined by the department head. 4. When the need for annual leave is foreseeable, annual leave should be requested on the proper form at least thirty (30) days in advance. 5. If the exact date upon which annual leave will be commenced cannot be precisely determined, or if the need for annual leave is not foreseeable,notice must be given as soon as practical under the circumstances. 6. If the employee desires to change or extend the dates of scheduled annual leave, the employee shall notify employee's immediate supervisor as soon as possible. 7. Requests for changes or extensions of leave other than for FMLA leave may be denied unless adequate notice is provided. C. Amount of leave which must be taken yearly. 1. The minimum numbers of hours of annual leave that must be taken yearly are as follows: a. For personnel with less than three years of service, 40 hours of leave must be used; b. For personnel with three to six years of service, 60 hours of leave must be used; c. For personnel with six years of service or more, 80 hours of leave must be used. d. These limitations shall not apply to new employees until January 1 of the second calendar year following date of hire. 2. It shall be the responsibility of the department head to see that each employee under the supervisor's supervision has taken the minimum annual hours of leave required by this Page 29 of 46 214 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX section. The department head shall provide in writing to the city manager the reasons an employee in the supervisor's department failed to take the minimum annual leave hours required. The documentation shall be made a part of the personnel file of the employee in question. The city manager may waive these leave use requirements. D. Recognized holiday occurring during annual leave. A recognized holiday occurring during an employee's annual leave shall not be counted as a day of annual leave. E. Medical certification. 1. When, because of a serious health condition of the employee or the employee's family member as defined in the FMLA and FMLA case law, the employee seeks annual leave the city reserves the right to require the employee, at employee's own expense, to obtain medical certification of the need for or duration of leave on a form provided by the city. The city may request a medical certification, in writing: a. Within two business days after the employee gives notice of the need for leave; b. Within two business days after leave commences if no prior notice was given by the employee; or c. When the city has reason to question the appropriateness of the employee's use of annual leave or the duration of annual leave being used. 2. When a medical certification is requested by the city, the employee must provide the certification within 15 calendar days unless it is not practical to do so despite good faith efforts on the part of the employee. 3. If the city questions the adequacy of a medical certification the city can, at its own expense, require a second opinion by a health care provider of its choice. If the first and second opinions conflict, the city can require, at its expense, a third opinion from a health care provider agreed to by both the city and the employee. The third opinion is binding. 4. If a medical certification is requested by the city but is not submitted by the employee within the time frame specified above, or if the medical certification does not substantiate the need for leave and/or the duration of leave taken, the employee will not be considered to be on FMLA leave and may be subject to disciplinary action for failing to receive prior approval for leave without pay. Pending receipt of the second and/or third opinion, if any, the employee is provisionally entitled to annual leave. 5. Recertification may be required. a. The city may require, at the employee's expense, recertification every thirty (30) days for pregnancy or chronic or permanent conditions under the continuing supervision of a health care provider. If the circumstances described by the previous certification have changed significantly or the city receives information that casts doubt upon the employee's stated reason for the absence in which case the city may seek recertification at the employee's expense more often. b. If the original certification states a minimum period that an absence will be required, the city may not request recertification until that period has passed unless the employee requests an extension of leave, circumstances described by the previous certification have changed significantly, or the employer receives information that casts doubt upon the continuing validity of the certification. c. The employee must provide a required recertification within 15 calendar days unless it is not practical under the circumstances to do so despite the employee's good faith efforts. Page 30 of 46 215 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 6. Fitness for duty certifications. If an employee is absent for more than three consecutive work days due to a serious health condition, a fitness-for-duty certificate completed by the employee's health care provider may be requested upon return to work. F. Death in immediate family. 1. Regular employees shall be entitled to a bereavement leave of seven (7) days for use upon the death of members of the immediate family limited to one (1)time per calendar year. 2. Leave without pay up to an additional five (5) days will be granted and may be extended with approval by the city manager. 3. As related to this section, "immediate family" means the following: spouse, father,mother, brother, sister, son, daughter, grandfather and grandmother including adopted, step or foster, and mothers and fathers-in-law, and legal guardians. 3.45.045 Exceptions. Whenever, in the opinion of the city manager, it is not feasible nor in the best interest of the city service to grant leave to any employee, the employee shall not be penalized by loss of earned annual. The decision of the city manager shall govern as to the future expenditure of the leave. 3.45.050 Cash-in-lieu-of annual leave. A. Any employee who has a balance of more than 240 hours of annual leave may submit a request to cash-in any number of annual leave hours at the employee's regular rate of pay so that the balance of remaining leave does not reduce the leave balance below 240 hours. An employee may submit such leave cash-in requests no more than twice in any given fiscal year. B. The leave use requirements as stated in § 3.45.040 are not diminished or alleviated by cash-in of annual leave. C. In documented cases of unforeseen financial emergencies, consistent with city policies of deferred compensation cash-in, the city manager may authorize the city to purchase an employee's annual leave at the employee's regular rate of pay, provided that in no case shall a cash-in be allowed to reduce an employee's annual leave balance below 40 hours. D. Donation of annual leave to another employee will be allowed in cases of serious, unforeseen medical emergency circumstances and upon approval by the city manager. The value of the donated leave time will be computed at the regular rate of pay of the donating employee and converted into hours of equal value based upon the regular rate of pay of the receiving employee. All guidelines set forth by the city manager shall be observed. 3.45.055 Disposition of annual leave balance upon separation. A. Upon separation during initial probation, annual leave shall not be granted nor paid to the employee. B. In other separations, the annual leave balance shall be paid in a hump sum based on the employee's regular rate of pay. 3.45.060 Reinstated employee leave. Reinstated employees hired within two years of termination, who have had at least one year of total service and who have successfully completed their probationary period in previous service, shall be permitted to use their annual leave immediately. Page 31 of 46 216 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.45.065 Military leave. A. Absence from city duty for the purpose of participating as a member of a United States reserve component, either in active military service of the state or in military training, is authorized and will be treated administratively (in the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first thirty (30) days of the military active duty or training period. B. The city manager will be provided with a copy of the individual's orders to duty. C. The absence will be recorded during the first thirty (30) calendar days as administrative leave without charge to annual leave. D. The city will pay the difference between the amount paid by the military, excluding allowances, and the sum the employee would have received for city work during the same period at the regular rate. E. An employee called to active duty for a period exceeding thirty (30) calendar days shall be granted a leave of absence without pay for a period terminating ninety (90) calendar days beyond termination of such active duty. 3.45.070 Jury duty leave. A. Jury duty shall be treated as administrative leave with pay from city duty without loss of longevity, leave or pay. B. Service in court when subpoenaed as a witness on behalf of the city, or when called as an expert on a matter of city concern, or relating to a municipal function,will be treated the same as jury duty. C. In order to be entitled to jury leave, the employee shall provide the department head with written proof of the requirement of the employee's presence for the hours claimed. D. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the city,except that fees paid for court duty which occurs on the employee's normal non-work days may be retained by the employee. E. Witness service for any purpose other than those described above will be covered by annual leave or leave without pay and any fees received in this connection may be retained by the individual. 3.45.075 Leave without pay. A. Purpose and conditions. 1. Leave without pay may be granted to an employee upon recommendation of the department head and approval e€bE the city manager. City managger approval must be obtained prior to takinz employee-requested leave without pay. Employees without accumulated paid leave to cover absences will default to leave without pay for the scheduled hours. 2. Each request for the leave shall be considered in the light of the circumstances involved and the needs of the city. 3. Leave without pay shall not be requested nor granted until all annual leave has been exhausted, except when an employee is absent and drawing workers' compensation pay. 4. Normally,not more than 69 90 calendar days leave without pay may be granted for personal reasons, unless the employee is on Family Medical Leave (FMLA). Page 32 of 46 217 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 5. No benefits will accrue while on leave without pay except medical insurance which will continue to be paid as long as the employee is employed by the city. B. Notice. 1. Employees seeking leave without pay for any reason are required to request the leave at least thirty (30) days before the leave without pay is to begin, if the need for leave is foreseeable. 2. If thirty (30) days' notice is not practical, notice must be given as soon as possible under the circumstances. 3. If the employee desires to change the dates of scheduled leave without pay or extend the period of leave without pay,the employee shall notify employee's immediate supervisor as soon as possible. 4. Requests for changes or extensions of leave other than for FMLA-qualifying leave may be denied at the sole discretion of the city manager. C. Serious health condition. When, because of a serious health condition of the employee or the employee's family member as defined in the FMLA, the employee seeks leave without pay, the employee must comply with the medical certification requirements contained in section 3.45.040. D. Fitness for duty certifications. An employee who takes leave without pay for a serious health condition shall comply with the fitness for duty certifications requirements contained in section 3.40.040. 3.45.080 Change of anniversary date due to leave without pay. If an employee uses more than thirty (30) calendar days total leave without pay during the employee's leave year, the employee's anniversary and length of service dates shall be advanced by the number of days such leave without pay exceeds 30. 3.45.085 Unauthorized leave. Any absence not authorized and approved in accordance with provisions of this title shall be without pay for the period of absence and shall be grounds for disciplinary action, up to and including termination. 3.45.095 Family and medical leave. A. Generally. Family and medical leave will be provided as required by state and federal law and case law in effect at the time that the employee requests family and medical leave. Eligible employees are entitled,pursuant to state and federal law, to take FMLA leave: 1. For the birth of a child of the employee,the adoption of a child by the employee, or for the placement of a foster child with the employee; 2. To care for the employee's spouse, son, daughter, or parent with a serious health condition; 3. For a serious health condition that makes the employee unable to perform the essential functions of the employee's job; or 4. For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. B. Eligible employee. An eligible employee is one who: 1. Has worked for the city for at least 12 months. Page 33 of 46 218 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. Has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave. C. Substitution of annual leave. An eligible employee taking family and/or medical leave under state and federal law for any reason is required to substitute annual leave for such leave until all annual leave is exhausted. Once annual leave is exhausted, any remaining period of family and/or medical leave will be leave without pay. D. Calculating entitlement. State law entitles an eligible employee to take, for certain qualifying reasons up to 18 work weeks of medical leave in a 24-month period and 18 work weeks of family leave in a 12-month period. An eligible employee's FMLA leave entitlement will be calculated using a rolling entitlement period measured backward from the date the leave is used. E. Notice. When an employee is required to substitute annual leave for unpaid FMLA leave the employee shall comply with the notice requirements found in section 3.45.040. When an employee intends to use unpaid FMLA leave the employee shall comply with the notice requirements found in section 3.45.075. F. Medical certifications. When, because of a serious health condition of the employee or the employee's spouse, son, daughter, or parent, the employee (a) is required to substitute annual leave for unpaid FMLA leave, or (b) seeks to use unpaid FMLA leave, the employee must comply with the medical certification requirements contained in section 3.45.040. G. Fitness for duty certifications. An employee who takes paid or unpaid FMLA leave for a serious health condition shall comply with the fitness for duty certification requirements contained in section 3.45.040. H. Benefits during unpaid FMLA leave. While an employee is on unpaid family/medical leave, no benefits will accrue except medical insurance, which will continue to be paid as long as the employee is employed by the city. 3.45.100 Light duty. A. Li,-ht duty status provides an opportunity for an iniured city employee to temporarily work in an assi,-nment within the employees' capabilities as determined by a physician. B. Each li,-ht duty assiznment will be handled on a case-by-case basis. Chapter 3.50 Holidays 3.50.010 Recognized city holidays. The following holidays shall be recognized as holidays with pay for all regular full-time and regular part-time employees: New Year's Day President's Day Seward's Day Memorial Day Independence Day Labor Day Alaska Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Page 34 of 46 219 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 3.50.015 Holiday falling on a Saturday or Sunday. A. When a recognized holiday falls on a Saturday, the Friday immediately preceding the holiday shall be considered the recognized holiday. B. When a recognized holiday falls on a Sunday, the following Monday shall be considered the recognized holiday. 3.50.017 Holiday— use of. A. Holiday falling on an employee's scheduled day off. 1. Department heads shall allow an employee to take a different day off during the same period if an employee's scheduled day off falls on a recognized holiday. 2. The employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the employee's normal schedule. B. Holiday —alternate date requested by employee. 1. At the discretion of the department head, the department head may permit an employee to move the recognized holiday to another day within the same pay period as the holiday. 2. The employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the employee's normal schedule. 3.50.020 Holiday during annual leave. A recognized city holiday which occurs during an employee's annual leave shall not be counted as a day of annual leave. 3.50.025 Holiday falling between two days of leave without pay. Employees shall forfeit their right to payment for any holiday if the employee is on leave without pay (to include injury, military, or other non-compensable leave status) or has an unexcused absence on the employee's last regularly scheduled workday before the holiday or on the employee's next regularly-scheduled workday following the holiday. 3.50.030 Computation of holiday pay. A. Full-time employees. 1. Full-time employees shall receive their regular straight time rate of pay for all recognized holidays. 2. Holiday pay hours are equal to the number of hours worked in the employee's assigned shift and shall be paid at the shift differential the employee is assigned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. B. Part-time employees. 1. A regular part-time employee shall be paid based on their position's percentage of a full- time position. 2. Holiday pay hours are equal to the number of hours worked in the employee's assigned shift and shall be paid at the shift differential the employee is assigned to work. 3. Holiday pay hours are not counted as hours worked for the purposes of calculation of overtime pay. Page 35 of 46 220 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.55 Separations. 3.55.010 Resignations. A. Resignation in good standing. 1. To resign in good standing, an employee who desires to terminate employment shall give a minimum of 14 calendar days' written notice to the employee's immediate supervisor. 2. The period of notice may be reduced or waived upon recommendation of the department head and approval of the city manager for extenuating circumstances; i.e., Family Medical leave, change of residence by unexpected military orders of the employee or spouse, etc. 3. A notice of resignation shall become part of the personnel file. B. Withdrawal of resignation. An employee may withdraw a resignation only under the following conditions: 1. The withdrawal is submitted to the department head before the effective date stated in the notice of resignation; 2. The position has not been filled; and 3. The withdrawal is accepted in writing by the department head with approval of the city manager. C. Failure to give notice. Failure to give adequate notice shall be noted on the employee's separation documents and shall result in the employee to being ineligible for rehire, unless the supervisor or human resources manazer note an exception to inelizibility on the separation document which must be approved by the city manag-er. D. Effective date and annual leave balance. 1. The effective date of termination pursuant to a notice of resignation shall be the last day on which the employee works. 2. The value of an employee's annual leave balance shall be paid to the employee without undue delay with the employee's final paycheck following separation. E. There is no provision for terminal leave. 3.55.015 Layoffs. A. Example. Examples of layoffs are: 1. Abolishment of a position or shortage of work or funds; 2. Completion of seasonal work for seasonal employees; 3. End of temporary appointment because of reinstatement of regular employee returned from approved leave and transfer to another position has not been achieved. B. Reduction in force. 1. When it is necessary to reduce the number of employees because of lack of work or funds, or abolition of positions, an analysis or proposed layoffs shall consider first the type of activities curtailed by the reduction in force and the affected positions. 2. The department head concerned shall make a thorough investigation of the problem and report the department head's findings and recommendations to the city manager,who shall decide which employees shall be laid off. 3. Employee efficiency shall be the major factor in determining the order in which employees shall be released, and consideration shall then be given to employee's length of service with the city. Page 36 of 46 221 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 4. Advisability of reassigning employees in higher classes to lower classes for which they are qualified and laying off those in lower classes shall also be considered. 5. In the case where a regular employee who has completed the required probationary period is laid off, the city shall give the employee 45 days' notice or 45 days of severance pay. 3.55.020 Dismissal for disciplinary reasons. A. Dismissal for just cause. The city manager or a department head, upon approval of the city manager, may dismiss a regular employee for any just cause. Just cause includes, but is not limited to, the following: 1. Insubordination, including failure to comply with a supervisor's instructions and work assignments; 2. Dishonesty, either verbally,in writing or in action,including but not limited to falsification of employment application or other city documents and time sheets; 3. Violation of, standards relating to drugs, marijuana and alcohol; 4. Failure to comply with safety regulations; 5. Fighting or other disorderly conduct on city premises or while on city business; 6. Stealing of or unauthorized use of city tools, equipment or property; 7. Recurring absenteeism, tardiness or leaving the work site early; 8. Conviction of a crime which damages the image or reputation of the city or conviction of a crime which impairs or compromises the employee's credibility, eligibility, or fitness for work; 9. Inefficiency, including waste of working time or materials; 10. Failure to conduct oneself on duty in a cooperative manner within departmental and city policies,practices and goals; 11. Exhibiting on duty conduct or behaviors which interfere with the employee's performance or the city's business, operations or image; 12. Willful violation of any personnel regulation; 13. Violations of applicable state or city laws and regulations concerning ethics and conflicts of interest; 14. Any act or omission which had or will have a material adverse effect on the business, operations or financial condition of the city; 15. Harassment of other employees or the public; 16. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from employment; or 17. Any other conduct commonly recognized by reasonable persons as justification for discipline, including dismissal. B. Progressive discipline shall be followed when practical. However, when the severity of the inappropriate conduct warrants, and it is in the best interest of the city, any of the following forms of discipline may be imposed at any time so long as such discipline is supported by just cause and the severity of the offense: the e4y f OF al ads; 0 0 0 1. Written reprimand. An immediate supervisor, department head or the city manager may issue written reprimands; Page 37 of 46 222 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. -3, Suspension without pay. Only the city manager or a department head, with approval from the city manager, may suspend an employee without pay for disciplinary reasons; 3. 4 Dismissal. Only the city manager or a department head, with approval from the city manager, may dismiss an employee for disciplinary reasons. C. If an employee's continued presence on the job prior to the date of intended disciplinary action poses a recognizable significant threat to the public health or safety or to the business, operations or image of the city, the employee may be suspended with pay immediately by the city manager or department head,with approval from the city manager, until disciplinary action is determined and administered. D. A regular employee shall be granted a pre-termination hearing before the employee's supervisor and the city human resources manager before a disciplinary measure involving possible dismissal is administered. Chapter 3.60 Special Provisions 3.60.010 Gifts and gratuities. A. Employee responsibility. 1. It shall be the responsibility of each city employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting the impartiality of the individual employee. 2. If an employee is tendered or offered a gift or gratuity which would, in the eyes of the public or public officials, be construed to be an attempt to bribe, influence or to encourage special consideration with respect to municipal operations, the offer shall be reported without delay to the employee's immediate supervisor who in turn will inform the department head. The department head shall inform the city manager. B. Doubt regarding significance. If there should be any doubt whether a gift or gratuity is of such significance as to create undue influence upon the employee, the matter shall be reported to the city manager. C. Termination. If any employee shall knowingly accept any gift or gratuity which creates undue influence or results in special consideration which benefits the giver, then, with the approval of the city manager, the employee shall be terminated from the city service. 3.60.015 Outside employment. A. Employment conflicting with city interests. 1. No employee shall engage in any other employment, whether public, private or self- employment, during scheduled work hours nor outside scheduled work hours if the employment conflicts with the city's interests or adversely affects the employee's availability and usefulness. 2. Supervisors are responsible for informing all employees under their supervision of the provisions of this language and the enforcement of it. 3. A conflict of interest shall be defined as when: a. The employee's outside employment is likely to benefit from the employee's position with the city; b. The outside employment is likely to cause the employee's performance to diminish; Page 38 of 46 223 c. The employee's city job duties involve regulating the proposed employer; d. The external employment is likely to diminish public trust that the employee can remain objective in their role as a city employee; e. Preparing financial reports subject to city audit, or review; f. For department or division heads, or supervisory positions,to serve as an officer of any union or association of city employees other than one representing the supervisory position; g. Actively participating in management of any business organization that obtains, or is attempting to obtain, funds or business from the city; h. Other employment wherein data or information to which access is provided by city employment could be used. B. Employees are required to obtain from the Human Resources Manazer an outside employment agreement form. Employees are required to obtain approval from the city manager before accepting other employment. 3.60.020 Employment of family members. A. No person may be employed in a position supervised by a family member, provided this will not prevent continued employment with the city of persons who are presently employed. B. Family members shall not be placed in a position that one member is required or authorized to review the work, personnel documents, expense account or time records of another family member. C. For the purposes of this section, a family member shall be defined as follows: spouse;parents; step-parents; brothers, sisters and their spouses; step-brothers, step-sisters and their spouses; children and their spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their spouses; stepchildren and their spouses; grand-stepchildren and their children; aunts; uncles; nieces; nephews; and persons residing in the same household as the employee. A. Prior-to tfai,eling et4side t4e e4y,t4e empleyee shall obtain appr-eval for-t4e tfip a*d the tR 3.60.025 Travel expenses. al ter-as established by the h4emal Reventie Sen,iee. 3.60.027 Training expenses. Page 39 of 46 224 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX o � expense. eellege degree is pr-ehibited- However, payment of eellege elasses w44 t4e sole intent of obtaining a q. T-h 0h.e.Fei-�Hh-4ffirsefnent r-e"ir-efnent on a ease by ease basis based 3.60.030 Moving expenses for new employees. Whenever a professionally or technically trained person changes their place of residence for the purpose of accepting employment with the city, the person shall be reimbursed for actual and necessary expenses under the following conditions: A. Moving expenses shall be approved by the city manager prior to being offered to the new employee. B. The employee must be appointed to a position of a class for which the city manager certifies that the expenditure is necessary to recruit qualified employees. C. The maximum reimbursable amount for a single employee shall be $1,600.00 and the maximum reimbursable for an employee with a family shall be $5,000.00. D. To be eligible for the total allowance for an employee, with a family, the employee's dependents must accompany or join the employee within one year of the date of appointment to city service. E. New employees who are assisted with their moving expenses shall be required to sign a transportation agreement prior to employment. The agreement shall stipulate the employee will reimburse the city for all or part of the expenditures in the event the employee voluntarily leaves city service, or is discharged for cause, within a period of two years, according to the following schedule: 100% - Less than six months; 75% - Six but less than 12 months; 50% - Twelve but less than 18 months; 25% - Eighteen but less than 24 months; 0% - Two years or more. F. New employees may not be given an advance against moving expenses without prior written approval of the city manager. G. It is the appointing authority's responsibility to ensure prospective new employees are aware of pertinent limitations of this language before a move is made. H. New employees shall be advised by the appointing authority of dollar limitations,the need for itemized receipts or invoices, the meaning of the transportation agreement and other pertinent matters prior to their move. Page 40 of 46 225 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX I. Return transportation for the employee shall be provided by city as required by state law. Return transportation for the employee's family and personal and household goods shall be the sole responsibility of the employee. 3.60.035 Take home vehieles. 3.60.040 Political activity. A. An employee, who is elected as a member of the Seward City Council or to a state or national elected political office, shall immediately resign from city employment. In this section, elected means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election. B. An employee who is a political candidate for any elected office shall not conduct political activities during work time or on city owned property. Use of city equipment to conduct any political or personal activities is strictly prohibited. 3.60.050 Firearms prohibited. A. No city employee may possess firearms of any type on any city work site or in any city vehicle with the exception of L Law enforcement officers who are required to carry weapons; and 2. Employees who, with their supervisor's permission and approval of the city mana,-er, in advance and in writinz, may reasonably have access to a weapon when workinz in a remote site where wildlife presents a personal safety risk. B. This prohibition applies to all types of firearms includinz, but not limited to, pistols and rifles, loaded or unloaded, concealed or worn visibly with or without a permit. 3.60.060 Pets in the workplace. The City of Seward prohibits brinzinz a pet to work or havinz a pet in any City of Seward controlled buildin,-s and premises, except to the extent a service animal is required by the Americans with Disabilities Act (ADA). As such, emotional support or comfort animals, rezardless of traininz or certification, are not allowed in the workplace. 3.60.070 Use of tobacco -restrictions. A. All use of tobacco, includinz smokin,-tobacco, e-cizarettes (vapin,-) and chewinz tobacco, is prohibited in all city office spaces, work sites and common areas (breakrooms, restrooms, hallways etc.) owned by the city and in any public areas shared with city offices. B. Use of tobacco is prohibited in all City vehicles includin- equipment pursuant to and consistent with Alaska Statue 18.35.301. C. Use of tobacco is permitted outside of facilities or outside of vehicles durinz desi,-nated relief or lunch breaks. All outside smokin,- must be fifty (50) feet or more from City of Seward controlled buildin,-s and premises. Page 41 of 46 226 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.65 Collective Bargaining 3.65.010 Freedom of choice. Upon the conclusion of the collective bargaining process and the approval of any such contract by the city council as provided in section 3.65.015, each city employee included within the bargaining unit shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not,then the employee shall continue to be subject to this personnel code and regulations and pay plan as they exist and may be amended or changed. Neither the city nor any city employee shall discriminate against any employee solely by reasons of that employee's exercise of this right to choose, although differences between terms and conditions of employment set forth in the city personnel code and those terms and conditions set forth in a collectively bargained agreement that result in differential treatment will not be a violation of this title. Each new employee likewise shall have the right to choose between the personnel code and any collectively bargained agreement after being offered a position, but before beginning work. 3.65.015 Submission of collective bargaining agreements to the city council. All collectively bargained agreements i-s are subject to city council approval by t4e e4y eotifleil. 3.65.018 Construction project agreements. Nothing in this code shall prevent an agreement with a labor organization relating to the construction of a public project that requires the contracting or subcontracting of work traditionally performed by employees represented by that labor organization to be performed by a signatory to a current labor agreement with that labor organization. 3.65.020 Effective dates for agreements. No agreement may require changes in wages or working conditions that are retroactive to any date prior to the date of approval by the city council. 3.65.025. Reserved. Editor's note(s)—Ord. No. 2019-009, § 3, adopted April 22, 2019, repealed § 3.65.025, which pertained to appropriate bargaining unit and derived from Ord. 540, § 3(part), 1985. Chapter 3.70 Standards Relating to Drugs and Alcohol 3.70.010 Standard policies. A. Employees will be terminated for use or possession of alcohol, marijuana or illegal drugs at the work site during work hours. Unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work place. B. Employees are encouraged to voluntarily seek professional support for drug or alcohol-related problems. Employees who seek treatment shall discuss the situation with their supervisors if leave time, with or without pay, is required for the employee to obtain treatment or hospitalization. 1. Supervisors are encouraged to grant leave, with or without pay, for such requests. Page 42 of 46 227 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX 2. When leave without pay is involved, the employee shall provide a statement from the attending physician or counselor to the supervisor, stating that treatment is being received and describing the length of the treatment program. 3. An employee's j ob security or promotion opportunities shall not be j eopardized by a request for leave to obtain counseling or treatment. C. In all matters concerning employees' drug or alcohol-related problems, strict confidentiality shall be maintained by supervisors, administrators and administrative support personnel. 3.70.015 Prescribed medications. A. Employees using prescribed medications that have side effects that may affect their performance, their safety, or the safety of others are required to notify their supervisors of the use and possible side effects. B. Supervisors may consider reassignment of duties for those employees for those days. C. Failure to report the use of such a prescribed medication with potential side effects that could affect an employee's work performance,safety,or the safety of others may result in disciplinary action. 3.70.020 Reporting convictions. Employees must, no later than five days after conviction, notify their employer of conviction(s) for criminal drug statute violations occurring in the workplace. 3.70.025 Consuming prohibited during shift breaks. A. Employees on breaks (e.g., lunch, dinner, rest breaks, etc.) are not allowed to return to their work sites for the completion of their shift if alcohol, marijuana or controlled substances are consumed during the break. B. Employees shall not receive pay for the hours during which they are not permitted to return to work for such reasons. 3.70.030 Reporting fit for work. A. Employees are required to report to their work site in a condition that will allow them to perform their required duties in a proper, safe manner. B. An employee who is temporarily incapable of performing assigned or required job duties will be released from the work site and, if appropriate, returned to the employee's residence by a fellow employee. C. Employees shall not receive pay for the hours of release. 3.70.040 Off-duty use affecting performance. Excessive use of alcohol off duty, or off-duty use or involvement with illegal drugs that affects an employee's job performance or conduct may result in disciplinary action. Page 43 of 46 228 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX Chapter 3.75 Standards Relating to Employee Conduct 3.75.010 Sexual harassment. A. Sexual harassment is unlawful and violates cityy code. 1. No employee should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. 2. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is objectively severe and pervasive, and is not welcome and that is personally offensive, interferes with effectiveness, or creates uneasiness on the job. Such conduct,whether committed by supervisors or non-supervisory personnel, is specifically prohibited. This can include, but is not limited to, repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal abuse of a sexual nature, graphic or degrading verbal comments about an individual or that individual's appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact. B. Implied lack of cooperation. No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect that person's employment, assignment, compensation, advancements, career development, or any other condition of employment. Any such actions are subject to punishment up to and including termination. C. Employee complaints.Employees who believe they have been subjected to sexual harassment or any unwanted sexual attention should report the incident(s) to the employee's supervisor and/or the human resources manazer. • intimidation on t4e job fnttst bring this to the immediate a+tentien of eit4er-the 3. To t4e highest degree possible, allowing for-a fair-i all stieh eemplaint will 4. Employees shall fiet be r-etalia4ed against beea-use they hai,e made eemplaints of sextial eer-feetii,e Retieff will be take*. D. Employees shall not be retaliated a,-ainst because they have made complaints of sexual harassment. 3.75.15 Freedom of speech. The constitutional rights of public employees to express their personal views on proposed bond issues and ballot propositions during public meetings or in interview with news media shall not be abridged.However,any employee expressing personal view shall clearly that the statements reflect personal or professional beliefs only and do not represent the city's position. Chapter 3.80 Workers' Compensation 3.80.010 Workers' compensation. A. The city shall follow the procedures set forth in the Alaska State Workers' Compensation Act. Page 44 of 46 229 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. All iniuries must be reported to the employee's supervisor and to the human resources manaZer. A. ' , ,ti Section 2. This ordinance shall take effect 10 days after adoption. Section 3. This ordinance supersedes all policies not previously approved by the city council. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the 8th day of May, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: Page 45 of 46 230 • swir- Ordinance 2023-013 : An Ordinance of the Seward City Council, Enacting Seward City Code Section 3.50.040 Floating Holiday Documents: • Agenda Statement • Ordinance 2023-013 231 City Council Agenda Statement Meeting Date: April 24, 2023 ► To: City Council From: Vice Mayor Osenga and Council Member DeMoss Agenda Item: Ordinance 2023-013: Enacting Seward City Code Section 3.50.040 Floating Holiday Background and justification: Amending Seward City Code Section 3.50.040 is sponsored by Vice Mayor Osenga and Council Member DeMoss. The justification for this ordinance is as follows: • With the current challenges in maintaining quality workforce (nationwide) it is important to continually analyze employee benefits and pay and make adjustments to stay competitive. • Paid time off has proven to be a contributing factor in employee retention and maintain good life/work balance. • Employees need to see that they are valued and appreciated on a regular basis. An additional paid day off can contribute to this sentiment and in turn benefit the overall productivity of our city employees. City Manager Comments: • I requested information from MC Pehle, Designated Finance Director, Carmen Jackson CPA, regarding the budgetary impact of this added holiday. Mr. Pehle stated because the personnel budgets are budgeted for the full year (2080 hours), there is not an additional cost for the holiday. There may an additional cost for overtime for those who work the holiday but most likely, the hours can be absorbed in the current overtime budget. • Recognition of the observed holiday and calculation for the holiday is as provided for in Title 3 and/or the applicable union contracts. 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: $ Absorbed by the budget 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 232 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note:amounts are unaudited Unassigned Fund Balance Net position — unrestricted $ Available Unrestricted Cash Balance: $ Finance Director Signature: --� Attorne ew ✓ Yes Attorney Signature: Not applicable Comments: provided brief comments to Ms. Bower by email on Administration Recommendation e✓ Adopt Ordinance Other: 233 Sponsored by: Vice Mayor Osenga and Council Member DeMoss CITY OF SEWARD,ALASKA ORDINANCE 2023-013 An Ordinance of the Seward City Council,Enacting Seward City Code Section 3.50.040 Floating Holiday WHEREAS,this ordinance enacts a new section pertaining to Title 3 Personnel; and WHEREAS,the new section provides for one floating holiday per calendar year for each full-time employee. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 3.40 is enacted to read as follows: 3.50.040 Floating holiday. A. Each full-time employee shall have one floating holiday per year which may be scheduled with department head approval. B. A floating holiday in any calendar year not taken by December 31 will be forfeited. Section 2. This ordinance shall take effect 10 days after adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, the 8th day of March, 2023. THE CITY OF SEWARD, ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: 234 • swir- Ordinance 2023-014: An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Chapter 2.30 Boards and Commissions Documents: • Agenda Statement • Comments from the City Attorney • Ordinance 2023-014 • PCAB Resolution 235 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council From: Port and Commerce Advisory Board Agenda Item: Ordinance 2023-014: Amending Seward City Code Chapter 2.30 Boards and Commissions Background and justification: The purpose of this ordinance is to amend Chapter 2.30 to reflect the current roles, duties, and activities of the Port and Commerce Advisory Board. The current code language reflects past practice when the board was in its origination and current practices are incorporated here. The chapter has been amended as follows: Amended Section Page # Amendment 2.30.310 Established 1 Housekeeping change to add "and" regarding area of resident 2.30.315 1 Remove "regular" for meetings to clarify this applies to all meetings 2.30.315 1 Add "or 25% of scheduled meetings" to further requirement Add specific verbiage regarding meeting frequency and codify the 2.30.320 2 'hiatus' 2.30.325 2 Modify timing of annual report to meet operational requirements 2.30.325 2 Added "infrastructure" to the areas of recommendation to Council Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 City Government-Continue to review and update the City Code 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 236 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Unassigned Fund Balance Net position — unrestricted $ Available Unrestricted Cash Balance: $ Finance Director Signature: Attorney Review X Yes Attorney Signature: /s Kody George Other Comments: Please see attached suggested edits. Administration Recommendation Approve Ordinance This ordinance is coming from PACAB x Other: 237 Sponsored by:Port and Commerce Advisory Board Introduction:April 10,2023 Public Hearing:April 24,2023 Enactment:April 24,2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX An Ordinance Of The City Council Of The City Of Seward,Alaska,Amending Seward City Code Chapter 2.30 Boards And Commissions WHEREAS, the Port and Commerce Advisory Board desires City Council to amend Chapter 2.30 to update to current processes as part of a comprehensive review of the Seward City Code. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.30 is hereby amended to read as follows (new language is in bolded itakcs and underlined and deleted language is sue): Article 3.-Port and Commerce Advisory Board 2.30.310-Established. A. Composition. The }Port and eCommerce *Advisory 13Board of ^^a ^^^ ^ V-r^@ a iSOfy boaFdis hereby created,consisting of seven residents of the City of Seward ar�orl surrounding Commented[KG7]:I would really prefer not to use areas,and who shall be appointed by the council. and/or in an ordinance and the city code."Or"includes the 1. If there is more than one applicant for the position,the council shall appoint by ballot voting. sense of"and"(No food or drink allowed is a good common Applicants must receive at least four votes in order to be appointed. example of how n means either or both).If someone is 2. A 1i1i 1i1i really set on adding something try: 3. No officer or employee of the city may be appointed a member of the board. B. Chair and vice chair. the City of Seward or surrounding areas or both" 1. The board shall select a chair and vice chair annually. 2. The chair shall preside at all board meetings,may participate in the debate,and vote on any matter of the board. 3. In the absence of the chair,the vice chair shall exercise all the powers of the chair. Commented[KG2]:SCC is not completely consistent with its usage of spelling out vs.putting numbers in the code but the majority of other provisions seem to use this format 2.30.315-Terms of office;filling vacancies. A. Members of the}:PPOrt and 6Cmmmerce aAdvisory)3Board o-44^"a^^"""y-"^@ a4yisefy boa+4 Commented[KG3]:This is not defined anywhere and is shall be appointed for a term of three years; provided,that the terms of initial appointments too ambiguous. shall be staggered so that as nearly as possible a pro rata number of members shall be appointed Scheduled meetings for their whole three year term? for each year. Scheduled meetings for a calendar year?Scheduled B. The council may appoint any qualified person to fill a vacancy of any member of the board meetings for a year based on when the member was provided that the appointment shall be for the unexpired term of the vacancy. appointed? Remaining scheduled meetings for the year C. Following a members absence from three consecutive WgUl meetings or twenty-five percent I after a member is appointed? (25%) Or more�Of regular meetnlps-bf the board within a twelve (12) month Based on 2.30.320 the Commission has 18 meetings per ep riod,the remaining board membersshall decide whether the board member should be year so missing five meetings would hit this threshold unless the it is adding in special meetings throughout the year. Formatted:Not Strikethrough 238 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX retained or whether to regnest council appointment of a new member. Formatted:Not Strikethrough shag __.Fdod to city Commented[KG4]:The city council has the authority to D. Members shall not be paid for services on the board or participation in board activities without dismiss and appoint new members.The board can vote to prior approval of the city council. retain them but needs the Council to dismiss an appointee and appoint a new one. 3.30.317 Staff assistance to board. A. The city manager,or designee,shall: 1. Assist the board and shall be qualified by special training and experience in the field of ports,harbors,and commerce; 2. Will be the regular technical advisor of the board,but shall not have the power to vote. B. City staff shall provide a clerk to the board.The clerk shall: Commented[KG5]:2.30.318,.320 and.323 were 1. Properly advertise the meetings as required by the Alaska Open Meetings Act; changed to match the other Commission's codes that were 2. Prepare the board packet;and updated in November. 3. Attend the board meeting and keep a record of board proceedings. Formatted:Font:Italic,Underline Formatted:Font:Italic,Underline �.30.318 QnOYnm.Four members ofthe board shall constitute a quorum for the transaction ofbusiness except Formatted:Font:Bold,Italic,Underline that,in the absence ofa quorum,any number less than a quorum may adiourn the meeting to� Formatted:Font:Italic,Underline a later date. Formatted:Font:Italic,Underline Formatted:Strikethrough 2.30.320_Meetingsj Commented[KG6]:This is the format the other boards A' it use so this is a uniformity change. Regular Meetings. Regular meetings shall be held On the % It is also worth noting that this paragraph alone does not first and third Wednesday of each month, excluding June, July, and August, in the city allow for special meetings or for the Board to move,cancel, or adjust meetings(which is the reason the next were Council Chambers. added) B, Formatted:Strikethrough .Special Meetings. Special meetings may be held at the call Of the chair OY the city ---' Formatted:Font:Bold,Italic,Underline,Not manger,and at such other times as the board may determine.. Strikethrough C, Formatted:Strikethrough Meetings open to the public.All meetings and records ofthe board shall be Formatted:Strikethrough open to the public.. . - - Formatted:Font:Bold,Italic,Underline D� ieii and shall keep feeefds of ai+y aetieiis, all of whieh shall be' Formatted:Strikethrough iR+M@E1iffW!y 41 Rd :,,01,o„Tf:,.o„T A,o Gi4y 01o,4.,,,,1 Sh.,ll 13@.,,,446 F ,,F ��eeting rules Of Commented[KG7]:This isn't a requirement in the code proceedings. Meetings shall be conducted under the current edition of Robert's Rules of but is a consistency update.It also gives the board a Order,Newly Revised R'dltlOn.� standard to look to if it has questions rather than ---- ---- ---- ---- ---- ---- ---- attempting to make something up on the spot. 2,30.323-Voting. Formatted:Font:Bold,Italic,Underline A The affirmative votes ofat least a ntaiority ofthose board members present shall be required Formatted:Font:Italic,Underline for any action. Formatted:Font:Bold,Italic,Underline,Not Strikethrough 239 CITY OF SEWARD,ALASKA ORDINANCE 2023-XXX B. The clerk to the commission shall keen minutes of Proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record 2.30.325-Powers and duties. A. It shall be the responsibility of the pEort and sCommerce aAdvisory Board to: Formatted:Strikethrough 1. Report annually to the city council at the first last council meeting of Ae.,e*fs^a'ye Formatted:Strikethrough prior to the year end and at any other time as may be requested by the city council. The annual report shall include,at the minimum,a report on the pFi@F current year's activities, Formatted:Strikethrough and a list of the upcoming year's planned activities; Formatted:Strikethrough 2. Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy, commerce, and infrastructure throughout Seward; 3. Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest 4. Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(a4)(2)and 2.30.325(adi)(3); 5. Perform other duties as requested by the city council. B. The board shall have no authority to solicit,expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. 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 24'h day of April,2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 240 Sponsored by: Port and Commerce Advisory Board Introduction: April 24, 2023 Public Hearing: May 8, 2023 CITY OF SEWARD, ALASKA ORDINANCE 2023-014 An Ordinance of the City Council of the City of Seward, Alaska, Amending Seward City Code Chapter 2.30 Boards and Commissions WHEREAS, the Port and Commerce Advisory Board desires City Council to amend Chapter 2.30 to update to current processes as part of a comprehensive review of the Seward City Code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.30 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is Derr): Article 3. -Port and Commerce Advisory Board 2.30.310 -Established. A. Composition. The PPort and eCommerce -aAdvisory Moard is hereby created, consisting of seven residents of the City of Seward and/or surrounding areas, and who shall be appointed by the council. I. 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 appointed a member of the board. B. Chair and vice chair. I. The board shall select a chair and vice chair annually. 2. The chair shall preside at all board meetings, may participate in the debate, and vote on any matter of the board. 3. In the absence of the chair, the vice chair shall exercise all the powers of the chair. 2.30.315 - Terms of office; filling vacancies. A. Members of thePPort and cCommerce Advisory bBoard shall be appointed for a term of 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 for each year. B. The council may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. C. Following a member's absence from three consecutive r-egtlla meetings or twenty-five (25%) of scheduled meetings of the board, the remaining board members may decide whether the board member should be retained or dismissed. effibeF. Any recommendation for dismissal shall be forwarded to city council for action. 241 CITY OF SEWARD,ALASKA ORDINANCE 2023-014 D. Members shall not be paid for services on the board or participation in board activities without prior approval of the city council. 3.30.317 Staff assistance to board. A. The city manager, or designee, shall: 1. Assist the board and shall be qualified by special training and experience in the field of ports, harbors, and commerce; 2. Will be the regular technical advisor of the board, but shall not have the power to vote. B. City staff shall provide a clerk to the board. The clerk shall: 1. Properly advertise the meetings as required by the Alaska Open Meetings Act; 2. Prepare the board packet; and 3. Attend the board meeting and keep a record of board proceedings. 2.30.320 -Meetings and quorum. „plaee the boar' shake er- the r-easenable-aEcemmoda4io of the „„ lie. The port and commerce advisory board meets on the first and third Wednesday of each month excluding June, July, and Auzust in city council chambers. B. Four members of the board 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. C. The affirmative votes of at least a majority of those board members present shall be required for any action. D. The clerk to the commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. 2.30.325 -Powers and duties. A. It shall be the responsibility of the port and commerce advisory board to: 1. Report annually to the city council at the 4FA last council meeting of the new fise,' yeaf prior to the year end and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the pier current year's activities, and a list of the upcoming year's planned activities; 2. Make recommendations to the city council concerning the design and coordination of projects to promote and develop transportation, trade, energy, commerce, and infrastructure throughout Seward; 3. Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; 4. Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(&4)(2) and 2.30.325(aA)(3); 5. Perform other duties as requested by the city council. 242 CITY OF SEWARD,ALASKA ORDINANCE 2023-014 B. The board shall have no authority to solicit,expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. 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 8th day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 243 r Sponsored by: PACAB CITY OF SEWARD.) ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2023-002 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND SEWARD CITY CODE CHAPTER 2.30 BOARDS AND COMMISSIONS WHEREAS, the purpose of this ordinance is to amend Chapter 2.30 to reflect the current roles, duties, and activities of the Port and Commerce Advisory Board; and WHEREAS, the current code language reflects past practice when the board was in its origination and current practices are incorporated here. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITYOF SEWARD, ALASKA that: Section 1. PACAB recommends City Council approval of the attached ordinance amending Seward City Code Chapter 2.30 Boards and Commissions. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 8th day of March, 2023. THE CITY OF SE RD, ALASKA Paquette, V' e Chair AYES: Woelkers, Atwood, Hughes, Smith, Paquette NOES: None ABSENT: Jaffa ABSTAIN: None VACANT : One ���iu►�+ra��r a E ,`% ATTEST: Z. R4'0, q`j• ' ems ✓�." 1 !/ / a 'f� �• ��°' MCI V r Kris Peck ® SEAS • _ —.-- Deputy City Clerk °• ��, ,� •' (City Seal) `. �' °•.'v i`�..•'� °f OF rt<#s alW% 244 • swir- Resolution 2023-045 : Appointing Harbormaster Norm Regis As Acting City Manager For Up To Six Months Beginning May 11, 2023, With The Option To Extend As Necessary Documents: • Agenda Statement • Resolution 2023-045 245 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Resolution 2023-045: Appointing Harbormaster Norm Regis As Acting City Manager For Up To Six Months Beginning May 11, 2023, With The Option To Extend As Necessary Background and justification: City Manager Janette Bower tendered her resignation and her last day will be May 10,2023.Council has begun the recruitment process to seek and hire a new permanent city manager, but in the meantime, council desires to ensure consistency for city operations. Harbormaster Norm Regis has successfully served as acting city manager on several occasions in the past, and on April 10, 2023, Regis was selected by council to serve as acting city manager once again. A 50% salary increase is in keeping with the last time Regis served as acting city manager, and there is no need for an appropriation of funds. 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: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable 246 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking R Water Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Director Signature: Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 247 Sponsored by: City Clerk CITY OF SEWARD,ALASKA RESOLUTION 2023-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPOINTING HARBORMASTER NORM REGIS AS ACTING CITY MANAGER FOR UP TO SIX MONTHS BEGINNING MAY 11,2023, WITH THE OPTION TO EXTEND AS NECESSARY WHEREAS,current City Manager Janette Bower has tendered her resignation and her last day will be May 10, 2023; and WHEREAS, the city council has begun the recruitment process to seek and hire a new permanent city manager; and WHEREAS, in order to ensure consistency for city operations while the employment search is conducted, council has chosen to appoint an Acting City Manager rather than hire an Interim City Manager; and WHEREAS, Harbormaster Norm Regis has successfully served as Acting City Manager several times in the past, and on April 10, 2023, Regis was selected by council to serve as Acting City Manager once again; and WHEREAS,in consideration for the additional responsibilities, a 50%salary increase will be provided to Regis while he serves as Acting City Manager; and WHEREAS,it is the belief of council that the appointment of Norm Regis as Acting City Manager will help make the transition between city managers a smooth one. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. Harbormaster Norm Regis is hereby appointed as Acting City Manager beginning May 11, 2023 for up to six months, with the option to extend as necessary. Section 2. Funding for the temporary salary increase of 50% will come from the City Manager Department budget. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of April, 2023. 248 • swir- Resolution 2023-047 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase an ""HLA Hydraulic Wing Blade" Loader Attachment in the Amount of $21,150 Plus 10% Contingency of $2,115 from Construction Machinery Industrial, LLC (CMI) and Appropriating Funds Documents: • Agenda Statement • Resolution 2023-047 • Attachments: CMI Proposal HLA Wing Picture 249 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council Through: Janette Bower, City Manager From: Doug Schoessler, Public Works Director Subject: Resolution 2023-047: Authorizing the City Manager to Purchase an "HLA Hydraulic Wing Blade" Loader Attachment in the Amount of $21,150 Plus 10% Contingency of $2,115 from Construction Machinery Industrial, LLC (CMI) and Appropriating Funds Background and justification: The Public Works Streets Department needs an attachment for the loaders used for snow removal efforts. The Street Department has determined that the HLA Hydraulic Wing Blade will increase the abilities to remove snow and increase efficiency. The loader blade is wider and has double hydraulic wings that can plow or scoop snow, it can then fill in on snow routes if a road grader breaks down. Construction Machinery Industrial, LLC has provided a quote for $21,150, with a 10% contingency of $2,115, for a total of order sum of $23,265. This total includes delivery to the Public Works Facility in Seward. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.1 Provide safe and efficient vehicular transportation facilities... Strategic Plan: Page 16 Provide safe...transportation that meet the needs of the community. Other: Public Works mission statement -Providing snow removal for safe roads Certification of Funds Total amount of funds listed in this legislation: $ 23,265.00 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 23,265.00 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted 03000-1310-8103 Not applicable 250 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare x Motor Pool Other Unassigned Fund Balance*: $ 3,329,964 *unaudited numbers Available Unrestricted Cash Balance*: $ 2,064,709 Finance Director Signature: = C� Attorney Review Yes Attorney Signature: x Not Comments: applicable Administration Recommendation x Approve Res. Other: 251 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-047 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase an "HLA Hydraulic Wing Blade" Loader Attachment in the Amount of $21,150 plus 10% contingency of $2,115 from Construction Machinery Industrial,LLC (CMI) and Appropriating Funds WHEREAS, the Public Works Department uses loaders and road graders to plow snow and frequently needs a wide-angle blade for loaders to help provide timely snow removal; and WHEREAS, this angled blade with hydraulic wings will clear wider paths, improve operator efficiency, reduce snow berms and cleanup times, and provide a backup plowing option if a grader breaks down; and WHEREAS, this attachment will make better-quality use of one more piece of heavy equipment for the street department during snow events; and WHEREAS, Construction Machinery Industrial, LLC has provided a quote in the amount of$21,150 plus a 10% contingency, $2,115, for a total order sum not to exceed $23,265; and WHEREAS, Seward City Code 6.10.120(b) allow the City to utilize a specific product or professional services which can only be furnished by a single dealer and Construction Machinery Industrial, LLC is the only authorized dealer for this hydraulic wing blade. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to purchase the HLA Hydraulic Wing Blade from Construction Machinery Industrial (CMI). Section 2. Funding in the amount of $23,265.00 is hereby appropriated from the Motor Pool Reserves Account No. 03000-0000-3400, to the capital equipment account No. 03000-1310- 8103. Section 3. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241h day of April, 2023. 252 PROPOSAL Proposal#: Construction Machinery Industrial,LLC Page 1 of 1 Date: 3/28/2023 5400 Homer Drive Issued by: Robert Brossow Anchorage,Alaska 99518 Cell#: 907 250-7174 Ph: (907)563-3822 Fax:(907)563-1381 Email: R.Brossow@CMIAK.com To: City of Seward Public Works Attention: Mike Kinney 410 Adams Street 907 224-4004 Seward Ak 99664 MKinney@cityofSeward.net We at Construction Machinery are pleased to quote the following equipment for your review: lea HLA Hydraulic Wing Blade $21,150.00 Model#SB52051020 Serial#22206123 CMI unit#SP0775 Floating hinge with Volvo attachment hooks for L50-L120 Foot switch with 12-24 volt wire kit for wing control Edge Flex blade with 1'section that contour the asphalt,Spring trip sections Clearing width closed 10'Clearing width open 2' Traveling road width angled 9'5" Clearing width angled 16'5" Wing width 5'with cut outs to reach under obstructions Lateral float,Floating end plate runners Rotary actuators control wing function not cylinder rods Nitrate rods for angle control Patented tire protection(wings kick out before hitting the tires) Demo upon request,customer responsible for set up costs Sales Price FOB CMI Branch..................................................................................................................................................... $21,150.00 Prices are valid for 30 days. Machine availability subject to prior sale or lease. Any applicable taxes not included. d=1RR NFIES:Buyer 1,Lt wledges fleet it Les exarninedtl J—dise a,filiv es it desves end tl,t flee rnerc—dise is ofth,s¢e.de"p.type.e,,d fchireselectedby Brryer.IFTHEMERCHANDISE SOLD ISNEW.THEPARTIESAGREE THAT IMPLIED WARRANTIES OF SUCH MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ALL OTHER WARRANTIES.EXPRESS OR IMPLIED.ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT Y TO THEMERCHANDISE SOLD.However.for vew merchandise.Seller shall make availableto Boyer.to Ne extevt provided by Ne manofacNrer of Ne merchandise,solely on behalf of Ne manofacNrer.any warranty providedby Nemanofactiuer. ehidr shall be Boyer's sole and exclosiverevredy.For Deed merchandise.Bayer ispmchasirrg Nemerchandise AS and WITH ALL FAULTS.unless Seller has explicitly writtev iv tltis documevtNat Here isanexpresswarrantyfora Gvutedperiodoftinrefmth, 'eplacemevt ofp"ts Nat Seller.iv it's solepdgmevt.deterntives to be defective.I seller has explicitly writtev such an express warranty iv tltis documevt.Ne replacemevt ofparts foundto be defective rbrring Newarranlyperiod slraU be Boyer's sole and exclosive medy.EXCEPT FOR SUCH AN EXPRESS WARRANTY THAT SELLER HAS EXPLICITLY WRITTEN IN THIS DOCUMENT.THERE ISNO WARRANTY OF ANY KIND FOR USED MERCHANDISE EXPRESS OR IMPLIED AND IN ARTICULAR.THE MPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE MERCHANDISE SOLD.AS TO ITHERNE W OR USED MERCHANDISE SELLER SHALL IN NO ENT NT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.WHETHER FOR PERSONAL INJURY.DEATH.DAMAGE OR DESTRUACTION OF ROPERTY.LOST EAR\NGS.LOST PROFITS.ECONO\SIC LOSSES.OR OTHER INC:INENTAL OR CONSEQUENTIAL LOSSES. Construction Machinery Industrial,LLC Accepted by: By: Robert Brossow Title: Title: Equipment Sales/Rentals Date City of Seward Public Works 253 Construction Machinery Industrial,LLC WARRANTY STATEMENT DATE: 3/28/2023 SOLD TO: City of Seward Public Works ADDRESS: 410 Adams Street CITY: Seward STATE: Ak Zip: 99664 MAKE: HLA MODEL: SB520510-20 UNIT ID: Sp0775 S/N: 22206123 HOURS: 0 Warranty choice for the above listed machine: Machine and/or attachments sold as is no warranty CMI Internal Warranty (see attached) XXXX Machine Sold with Manufacturer's Standard Warranty: (with attachments*) 2 year as per manufacture statement Machine Sold with Third Party Warranty: (Glenn General, EPG, with attachments*) *warrnany not in effect until accepted by the Manufacturer or 3rd Party Warranty Provider. Accepted by: Title: CMI Representative: Robert Brossow Title: product support sales 254 I 1 � _ 1 N=' rr - 1 255 • swir- Resolution 2023-048 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to approve the purchase of a backup pump replacement with DXP Alaska Pump & Supply, Inc for the town wastewater Lift Station #1 in an amount not to exceed $57,887.50 and appropriating funds. Documents: • Agenda Statement • Resolution 2023-048 • Attachments: o DXP Alaska Pump & Supply, Inc. Quote o Proprietary Letter 256 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council Through: Janette Bower, City Manager From: Doug Schoessler, Public Works Director Subject: Resolution 2023-048: Authorizing the City Manager to Approve the Purchase of a Backup Pump Replacement with DXP Alaska Pump&Supply, Inc for the Town Wastewater Lift Station #1 in an Amount Not to Exceed $57,887.50 and Appropriating Funds Background and justification: Seward's town wastewater Lift Station #1 needs an emergency pump replacement. There are two pumps operating in Lift Station #1 and the Wastewater Department requires a replacement pump for back up in case one pump was to fail. This Lift Station is responsible for pumping sewage from the north side of town and the Boat Harbor to the south end of town. If the pump was to fail, we would need to have one to replace the failed pump as soon as possible. Currently, the wait time on receiving this pump is 3-4-months for delivery. DXP Alaska Pump & Supply, Inc has provided the necessary replacement estimate to get this project completed and return the Lift Station #1 back to full service with emergency backup supplies.The cost of the replacement is: $52,625.00, with a contingency of 10 percent, $5,262.50, for a total order sum not to exceed $57,887.50. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 1.3.4 Public Facilities and Services, 2.2.2 ...meet or exceed standards Strategic Plan: Promote a safe community p.19 Other: Public Works Mission Statement, ...repairs and improvements Certification of Funds Total amount of funds listed in this legislation: $ 57,887.50 This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 57,887.50 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted 18000-4500-8103 Not applicable 257 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Iq Wastewater Boat Harbor Parking F1 Water Healthcare Motor Pool Other Unassigned Fund Balance*: $ 2,471,705 *unaudited numbers Available Unrestricted Cash Balance*: $ 2,815,450 Finance Director Signature: - C Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 258 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-048 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Approve the Purchase of a Backup Pump Replacement with DXP Alaska Pump & Supply, Inc for the Town Wastewater Lift Station #1 In an Amount Not to Exceed $57,887.50 and Appropriating Funds WHEREAS, Seward's town wastewater Lift Station#1 needs an emergency replacement back up pump; and WHEREAS, there are two pumps operating in Lift Station 91 and the Wastewater Department requires an additional replacement pump held for back up in case one pump was to fail. This Lift Station is responsible for pumping wastewater from the north side of town and the Boat Harbor to the south end of town; and WHEREAS,if a pump was to fail,we would need to have one to replace the failed pump as soon as possible. Currently, the wait time on receiving this pump is 3-4 month delivery rate. The wastewater utility operations routinely keep one backup pump for each lift station. They are needed and used to always keep wastewater from backing up through town; and WHEREAS, DXP Alaska Pump & Supply, Inc has provided the necessary replacement estimate to get this project completed and return the Lift Station 91 back to full service with emergency backup supplies. The cost of the replacement is: $52,625.00, with a contingency of 10 percent, $5,262.50, for a total order sum not to exceed $57,887.50 WHEREAS,Seward City Code 6.10.120(b) allow the City to utilize a specific product or professional services which can only be furnished by a single dealer and DXP Alaska Pump & Supply is the only authorized dealer for this pump. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. It is in the public interest for the City of Seward to approve the sole source purchase of the replacement pump from DXP Alaska Pump & supplies, Inc for Lift Station 91. Section 2. The City Manager is authorized to purchase a DXP Alaska Pump & Supplies, Inc for the replacement pump for $52,625.00, with a contingency of 10 percent, $5,262.50, for a total not to exceed $57,887.50 Section 3. Funding in the amount of $57,887.50 is hereby appropriated from the Wastewater Enterprise Fund account no.18000-0000-3400 to the Wastewater account no. 18000-4500-8103. 259 CITY OF SEWARD, ALASKA RESOLUTION 2023-048 PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 24th day of April, 2023 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 260 D)(p ALASKA PUMP & SUPPLY, INC 8400 SANDLEWOOD PL- ANCHORAGE, ALASKA 99507- PHONE:(907)563-3424 - FAX:(907)562-5W March 7, 2023 ATTN: Jason Cournoyer-City of Seward- Public Works QUOTE: AKP23-0133 Project: Flygt Replacement PH: 907-224-4058 Email: jcournoyer@cityofseward.net We are pleased to provide pricing for the following equipment: Qty Part# Description Each Total FLYGT I NP 3202.095 MT 3— 642 1 32020950014 8" Discharge, 35HP, 3 Phase, 460V, 50' Cord, $ 52,625.00 $ 52,625.00 FM, FLS, FV Please reference AKP23-0133 when placing order. Total: $52,625.00 Subject to Alaska Pumps Terms&Conditions of Sale. Net Thirty (30) Terms are subject to Alaska Pumps' credit department approval. Proposal Valid: 14 Days from quote date. F,O,B: FACTORY Ships: TBD Notes: CREDIT CARD FEE: Effective 8/30/22 all new credit card orders will incur a 3.5% processing fee. Regards, (K- W '_ IVY David McFarland Applications Engineer DXP/Alaska Pump&Supply, Inc. Direct: (907) 793-4841 FAX: (907) 562-5449 David.McFarland@dxpe,com F.,�ar.car 9Q7 93 - tf91// This quota ten is the 5de property of Aasl a Pump&So opiy,Inc.It is issued to you for your confi dendal uscorly.In consi deserti on of th's quote,the issued party agees that this clbon shall not be reproduced or copied or disposed of direcdvorinclrectly,orlssued for the purpose other than that torwhichit has beer supplied for wthpetwritten pe-rr ion. Aaslm Pimp&Sup ply,Ir>c, reserves the right to refuse to sdl all or part of this quota oon.Quote's valid for 30 days unl cns noted, Alaska Pump&Supply,Inc.Terms and Conditions Apply Page 1 of 2 261 N P 3202 MT 3-642 Patented self cleaning semi-open channel impeller,ideal for pumping in wastewater applications.Modular based design with high Fl_ adaptation g ra de. xylem i3r w,7 Technical specification Curves according to: Water,pure Water,pure[100%],39.2°F,62.42 Ih/ft3,1.6891F-5 f 1 5 Ift Head 84 t 72 68 64 6 5fi 5 4B 44 812% 4 2 32 29 24 2 304mm 1 8 4 C 500 1000 1500 2000 2500 3000 35W[US 9.p inj Curves I50 999fi Configuration Motor number Installation type N3202.09530-18-GAA-W P-Semiperrnarent,Wet 35hp Impeller diameter Discharge diameter 334mm 8 inch Configuration Pump information Material ImpelleY diameter Impeller 334 mm Hard-Iron Discharge diameter 8 inch inlet diameter 250 mm Maaamum operating speed 1170 rpm Number of blades 2 Max,fluid temperature 40°C Project Xylecb20249512 Created by david mcfadand Block Created on 3/8/2023 lastupdate 3/8/2023 ftc�mrereur, a rer[ion „rlcl 6Til-242c I 1651 3RJ102315S1 NP! lryem:lr3a.n3 262 N P 3202 MT 3-642 Technical specification FLY Motor-General xyie r' Motor number Phases Rated speed Rated power N3202.095 30-18-6AA-W 3" 1170 rpm 35 hp 35hp ATDL approved Number of poles Rated current Statorvariant FM 6 42 A 4 Frequency Rated voltage Insulation.class Type of Duty 60 Hz 460 V H 51 Version code 095 Motor-Technical Powerfactor-1/1 Load Motor efficiency•1/1 Load Total moment of inertia Starts per hour max. 0.87 89.1% 9.13 lb ft' 30 Power factor-3/4 Load Motor efficie ncy-3/4 Load Starting c urrent,direct starling 0.84 90,0% 236 A Power factor-1/2 Load Metor efficiency-1/2 toad Starting current,star-deka 0.77 89,7% 78,7 A Propet Xylect-20249512 Created by dav'rd mcfarland Block Createdon 3/8/2023 Last update 3/8/2023 eru anzox�Ia.b wst aerznza•sa,.vw m�r�uu-n, 263 NP 3202 MT 3— 642 Performance curare FLY T Duty point a xylem brand Flow Head Curves according to: Water,purewater,pure[1C0%],39.2°F,62.42lb/h',1.6891E-5W/s [fl Head 84 60 76 72 6 64 6 5 6 48 44 81.2 43 36 32 28 24 2 16- 2334mm 12, 4 E1Fciency 7 Uerail EITiciency 6 2 334mm 40 2 334mm z 1 lh- Pave-imp Pl 3 Shan pu ,P? 2 33 mm IP'f 3 2 33=mm IP21 2 20. 10. 15. 0. [fl NPSH12-values 2334mm 26 21 20 1 12 8 0 400 800 17.06 1600 2000 2400 40 3200 3660 [us 3 R m-1 Curve-150 990E Xylect-20249512 day id mcfa rla nd Created on 3/8/2023 Last update 3/8/2023 wag.anve.co., Oab.enen Vaer g—pe 5rAL2RC._�BY�1051 3.GROI3 i55i 0.3 P3 Nrbmll5'i\-NT 264 N P 3202 MT 3—642 Duty Analysis FLY a xylem br311c Curves according to: Water,pure[100%];39.2°F;62.42lb/ft';1.5891E-5ft'/s [ft] Head 84 80 76 72 68 64 6Q 56 52 48 44 81.2°U 40 81.206 36 32 81.2" 28 24 81.2°c 20 81.2nn 2 334rm 16 5 Hz 12 Hz 5 H7 8- '40 Fiz 4 0 400 800 1200 1600 2000 2400 2800 3200 3600 [US g-p-m_] Operating characteristics Prmps/ Flew Head Shaft power NO. Head Stott power Hydr.efi. Spec Energy NPSHre Systems US a o m ft hp US a o m ft hp kWh1US MG ft Project Created by david rncfarland Black Xylect-20249512 Created on 3/81202-1 Lattupdate 3/8/2023 fi10-tZ'.92]fad itl5� 3R2U231°51 NF3 ryiem.U-rv� 265 N P 3202 MT 3— 642 VFQ Curve FLY a xylem bane Cuwe5 according to, Water,pure,39.2°F,62.42 lb/ft3,1.6891E-5 ft'/s [fi] Head 84 80 76 72 68 64 60 56 52 48 44 81.2c 40 36 32 28 24 2D 16 2 334rrrn 12 a 4 [%] Efficiency 70 Overall Efficiency 60 50 2 334rmi 40 2 334rrm 30 20 1D [h Pow er input P1 2 334mm P1 300 Shaft power P2 2 334rrm(P2) 2 20 1 10 [f NPSHR values 2 334mn 28 24 20: 16 12 8 0 400 800 1200 1600 2000 240D 280D 3200 3600 [US g.P.m] C—e 1509906 project Xylect-20249512 Created by davidmcfarland Black Created on 3/8/2023 Last update 3/8/2023 aro exnzarla+b+as; aerzaxa+ss+n-sv ayi�m ush-iv+ 266 N P 3202 MT 3—642 VFD Analysis FLY xylem b:.� Curves accord in to: Water,pure 100% ;39.2"F;62.4216/ft3;1.6891E-5ft2/5 eft] Head 84 80 76 72 68 64 6D 56 52 48 44 81.2cc 40 36 32 28 24 20 16 2 334mn 12 a 4 ' 0 0 400 800 1200 1600 2000 2400 2800 3200 3600 [U5 g.p.m.] Operating Characteristics Pom ps/ Frequency Flaw Head Shaft power Flow Head Shaft power Hydr.eff. Specific energy HPSHre Systems US g o ri it tC US a.p.m It hP W0141S MG H Praiect Xylect-20249512 Created by david mcfarland Block Created on 3/8/2023 tmt update 3/8/2D23 u1.0.2—(-10) A-esa.IN, 267 N P 3202 MT 3- 642 Dimensional drawing FLY _ xyleM l I,.. Ref.me AW 241 i 12� ^M 1z Z z h� 'E *t � 11 BClTO,6(4N NEW ❑—❑ Nk Ib� a v&codirgja5d 1250 Z5 WWa)dWgjaJO 1170 75 PP.FP a202 iur 1:40 12103t5 p ros,e4reSxl�eaa�sm 66645M 9m Project Xylect-20249512 Created by davidmcfarland Black Created on 3/8/2023 4axtupdate 3/8/2023 6iG'3Ye:03�(9nb s05] 3.R20P3 55.N� ryiem9U54-ivi p 268 Job Name: Flygt Replacement DXP f Alaska Pump&Supply,Inc. Date: 3/7/2023 AKP23-0133 DXP I ALASKA PUMP&SUPPLY,INC. STANDARD TERMS&CONDITIONS OF SALE Terms of Payment: Payment is due thirty(30)days after the date of the invoice. Interest on the unpaid balance will be charged on all overdue monies at the rate of 18%per annum or the highest rate allowable by law,whichever is less. Customer agrees to pay all collection costs,including actual reasonable attorney's fees incurred in collecting monies due hereunder. Seller reserves the right to require payment in advance or provide other credit terms if Buyers credit is not acceptable to Seller. ntific tin and Risk of Loss: The products,goods and/or equipment shall be identified to the contract and risk of loss shall pass to Buyer when the products,goods and/or equipment are placed in the hands of the carrier. Freight: All prices are FOB point of manufacture and do not include freight unless specifically listed as included. Seller shall not be responsible for actions,inactions or delays by the carrier. Conditions: All orders are accepted with the understanding that they are subject to Seller's ability to obtain the necessary products,goods and/or equipment. Not Included: Unless specifically provided herein,the products,goods,equipment,and/or services listed do not include freight,haulage,unloading, freight claims,installation,erection,concrete,grout,water,utilities,lubricating grease and oil,power,tools,labor,controls,conduit,wiring,meters, main disconnects,piping,valves,fittings,gaskets,hardware,taxes,covers,field painting,insurance,testing,royalties,maintenance,operation,erection supervision,start-up services,personnel transportation,anchor bolts,welding rod,or asset. In ion: Buyer shall inspect Seller's products,goods and/or equipment upon receipt and if Buyers inspection reveals any defects,Buyer shall notify the Seller within three(3)days after receipt of the products,goods and/or equipment of any claim Buyer might have concerning such defects or of any claim discovered by Buyer. Buyer's failure to notify Seller within such three day period shall constitute a waiver by Buyer of all claims covering such defects. Errors: Seller reserves the right to correct any clerical and/or stenographic error or omission. Cancellation: Except as otherwise provided in this Agreement,no order may be cancelled unless requested in writing by either party and accepted in writing by the other.In the event of a cancellation by Buyer,Buyer shall,within thirty(30)days of such cancellation,pay Seller a cancellation fee,which shall include all costs and expenses incurred by Seller up to the receipt of the request for cancellation including,but not limited to,all commitments to its suppliers,subcontractors and others,all fully burdened labor and overhead expended by Seller,plus a reasonable charge for profit.Return of goods shall be in accordance with Seller's most current Return Materials Authorization and subject to a minimum twenty percent(20%)restocking fee. Returns: Seller will not accept returns of chemicals,electrical items or special orders, Seller will not accept returns of any products,goods and/or equipment after ninety(90)days from the date of the invoice. Buyer will be assessed a reasonable restocking fee on any accepted returns. Approvals: Buyer is responsible for obtaining any required engineers,owners`,and/or governmental agencies'approval of the products,goods, equipment and/or services. Seller does not warrant that the products,goods,equipment and/or services will meet any such approvals or specifications. Limitation of Liability: In no event shall Seller be liable for any lost profits,dawn time,lost sales,operating or maintenance costs,or for any other special,indirect,Inddenta[or consequential damages of Buyer. Warranties: SELLER MAKES NO EXPRESS WARRANTIES WITH RESPECT TO ANY PRODUCT,GOODS AND/OR EQUIPMENT SOLD OR SERVICES PERFORMED AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Seller does not authorize anyone to make a warranty of any kind on its behalf and Buyer should not rely on any statement to that effect. Seller is not the manufacturer of the products,goods and/or equipment. If the manufacturer of the products,goods and/or equipment warrants the products,goods and/or equipment that Buyer has purchased,Buyer shall have whatever manufacturers warranty there is subject to the terms and conditions of the warranty. The Buyer's sole and exclusive remedy,if any,shall be against the manufacturer and not Seller. Integration: These Terms and Conditions constitute the entire agreement between Buyer and Seller with respect to this transaction and supersede and replace all prior negotiations agreements,and representation,oral or written. These Terms and Conditions may not be amended or modified except pursuant to a written document signed by troth parties. Governing Law: The terms of this agreement and all rights and obligations of the parties hereunder shall be governed by the laws of the State of Alaska. findingffrct: These Terms and Conditions shall be binding on the parties hereto and their heirs,personal representatives,successors,and assigns. The undersigned acknowledges and agrees to Alaska Pump&Supply,Inc.terms and conditions of sale/quote as referenced in our quote AKP23-0133 and is subject to Alaska Pump&Supply Inc.'s Standard Terms and Conditions of Sale which are outlined above and agrees to be bound by said Terms and Conditions. No other conditions previous or after date below apply. Lett rs andQuotes: Notwithstanding any language to the contrary,nothing contained in our letters or quotes constitutes or is intended to constitute engineering work requiring a stamp or engineering seal by Alaska Pump&Supply,Inc.. We neither convey nor imply that the company or persons are practicing engineering herein. Customer Name Printed Company Name Printed X Customer Signature Date: Rev bate:7/1 812 0 12 269 .. ............. . .............. .... . J Grant Staybcrg Territory Manager Xylem Inc Flygt Products 4109 NE 107th St. Vancouver,WA 98696 Cell 50.1-706-0001 Grant.5layberg0Xy1em ine.com January 1,2022 Flygt,a Xylem Water Solutions company To whom it may concern Xylem Water Solutions, Flygt brand(Flygt)is the manufacturer of Flygt pumps and parts for your wastewater process.All equipment, components and parts associated with your Flygt equipment should originate from Flygt's Factories. Flygt, A Xylem brand solely uses DXP 1 Alaska Pump & Supply, Inc. as it's only authorized representation/direct distributor in the State of Alaska. All inquiries regarding Flygt equipment and parts as well as service should be routed through DXP 1 Alaska Pump&Supply,Inc..Below is their contact information. DXP 1 Alaska Pump and Supply,Inc. 8400 Sandlewood Place Anchorage,AK 99507 - Phone:(907)563-3424 Tf there are any questions concerning the above statement please feel free to contact me Sincerely, or-ow-F& Territory Manager 270 AGENDA STATEMENT Meeting Date: April 24, 2023 From: Kris Peck, Deputy City Clerk Agenda Item: Approval of the Restaurant Designation Permit and Non-Objection to Renewal and Transfer of Liquor License ownership BACKGROUND &JUSTIFICATION: The Seward City Council has the opportunity approve the Restaurant Designation Permit as well as raise any objection to the liquor license renewal and transfer for the following business: Business: Apollo Restaurant Licensee: Transfer from Konstantinos Kanaras to Apollo Restaurant LLC Type: Restaurant/Eating Place License: 3230 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the liquor license or Restaurant Designation Permit for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes, the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of Restaurant Designation Permit for Apollo Restaurant. Non-objection to the renewal and transfer of liquor license for Apollo Restaurant 93230 — Restaurant/Eating Place. 271 MEMORANDUM RECEIVED Date: March 21, 2023 To: Naneth Ambrosiani Finance/Leases APR 10 2023 John Rymer Finance/Public Utilities OFFICE OF THE Chief Alan Nickell Police Department CITY CLERK Chief Clinton Crites Fire Department From: Kris Peck, Deputy City Clerk RE: Verifying compliance for the renewal and transfer of liquor license ownership and the approval of the restaurant designation pen-nit. Non-objection to the renewal and transfer of liquor license from Konstantinos Kanaras to Apollo Restaurant LLC. Approval of the Restaurant Designation Permit for Apollo Restaurant. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Apollo Restaurant Licensee: Transfer from Konstantinos Kanaras to Apollo Restaurant LLC Type of License: Restaurant/Eating Place License Number: 3230 Department Status Initials Date Finance/Leases m7��Q APA A. -") � a3 m Finance/Utilities Police Chief r,, k,`,w 31���-�3 vs p Fire Chief �p,,, �' (° F/.r y/7/y 1 d/c Deadline for Protest: Saturday, May 20, 2023 (60 days from receipt of notification) Last regular Council Meeting for Approval: Monday, May S, 2023 RETURN TO CITY CLERK no later than Tuesday, May 2, 2023 272 of Ty Department of Commerce, Community, y�•_-�t���j��s� THE STATE and Economic Development ALCOHOL LJ� & MARIJUANA CONTROL OFFICE ALAS 550 West 7th Avenue,Suite 1600 Anchorage,AK 99501 GOVERNOR MIKE DUNLEAVY Main:907.269.0350 OF ALAS�P March 21, 2023 City of Seward, Kenai Peninsula Borough Via Email: clerk@cityofseward.net; bballou@cityofseward.net; mienkins@kpb.us; ivanhoose@kpb.us; jratky@kpb.us; clackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; Iblankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us License Type: Restaurant/Eating Place License Number: 3230 Licensee: Apollo Restaurant LLC Doing Business As: ApolloRestau rant Premises Address 229 4t"Ave ❑ New Application ®Transfer of Ownership Application ❑Transfer of Location Application ❑Transfer of Controlling Interest Application We have received a completed application for the above listed license(see attached application documents)within your jurisdiction.This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice,and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body,as required by 3 AAC 304.145(d). If a protest is filed,the board will deny the application unless the board finds that the protest is arbitrary,capricious,and unreasonable.To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491—AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, A, Joan Wilson, Director amco.localgovernmentonly@alaska.gov 273 Alcohol and Marijuana Control Office " ---w 550 W 7' Avenue,Suite 1600 .•moo cO Anchorage,AK 99501 �✓o '�ip' alcohol.11censlna@alaska.eov u +' httos://www.commerce.alaska-Pov/web/amco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Why is this form needed? This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license.Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code.All fields of this form must be completed,per AS O4.11.260,AS O4.11.280,AS O4.11.290,and 3 AAC 304.105. This form must be completed and submitted to AMCO's Anchorage office,along with all other required forms and documents,before any license application will be considered complete. Section 1 Transferor Information Enter information for the current licensee and licensed establishment. Licensee: Konstantinos Kanaras License#: 3230 License Type: Restaurant/Eating Place Statutory Reference: AS O4.11.100 Doing Business As: Apollo Restaurant Premises Address: 229 4th Ave City: Seward Tst AK IZIP: 199664 Local Governing Body: Seward/Kenai Peninsula Borough Transfer Type: FRegular transfer Transfer with security interest Involuntary retransfer OFFICE USE ONLY Complete Date: z Z -1 2 Transaction M o O J C S3 s Board Meeting Date: d License Years: 5-30 - 3l 2dZ issue Date: Examiner.- [Form AB-011(rev 2/24/2022) Page 1 of 7 AMCO Received 2/21/2023 274 Alcohol and Marijuana Control Office a aRtxranq 550 W 7ch Avenue,Suite 1600 Anchorage,AK 99501 A alcohoLJicensing@alaska.gov httos://www.commerce.alaska.gov/web/amco Phone:907,269,0350 f Alaska Alcoholic Beverage Control Board y sT` Form AB-01: Transfer License Application .1 OFAtAS, '� Section 2 Transferee Information Enter information for the new applicant and/or location seeking to be licensed. Licensee: Apollo Restaurant LLC Doing Business As: Apollo Restaurant Premises Address: 229 4th Ave City: Seward state: AK ZIP: 99664 Community Council: None Mailing Address: PO Box 3172 City: Seward I State: AID ZIP: 199664 Designated Licensee: Konstantinos Kanaras Contact Phone: 907-491-0485 Business Phone: 907-224-3092 Contact Email: apollo3000R@gmail.com Yes No Seasonal License? 1-1 o If"Yes",write your six-month operating period: Section 3.'- Premises Information Premises to be licensed is: Van existing facility a new building a proposed building The next two questions must be completed by beverage dispensary(including tourism)and package store,applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds?Include the unit of measurement in your answer. What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building?Include the unit of measurement in your answer. [Form AB-011(rev 2/24/2022) Page 2 of 7 AM C O 1/27/2023 275 Alcohol and Marijuana Control Office �adgw wauq ..., 550 W 7'11 Avenue,Suite 1600 Anchorage,AK 99501 oe° alcohol.licensing@alaska.gov httos://www.commerce.alaska.aov/web/amco , i f Phone:907.269.0350 ,� Alaska Alcoholic Beverage Control Board srq Form AB-01: Transfer License Application Section 4- Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license.Entities should skip to Section 5. If more space is needed,please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate(spouse). This individual is an: M applicant affiliate Name: Address: City: State: ZIP: This individual is an: applicant affiliate Name: Address: City: State: ZIP: Section 5 -Entity Ownership Information This section must be completed by any entity,including a corporation,limited liability company(LLC),partnership,or limited partnership,that is applying for a license.Sole proprietors should skip to Section 6. If more space is needed,please attach a separate sheet with the required information. • If the applicant is a corporation,the following information must be completed for each stockholder who owns 10%ormore of the stock in the corporation,and for each president,vice-president,secretary,and managing officer. • If the applicant is a limited liability organization,the following information must be completed for each member with an ownership interest of 10%or more,and for each manager. • If the applicant is partnership,including a limited partnershiR,the following information must be completed for each partner with an interest of 10%or more,and for each generaipartner. Entity Official: Konstantinos Kanaras Title(s): Member IPhone: 907-491-0485 1 %owned: I 100 Address: PO Box 3172 City: Seward State: AK ZIP: 99664 [Form A13-01](rev 2/24/2022) Page 3 of 7 AMCO 1/27/2023 276 Alcohol and Marijuana Control Office &gpRt.ary�yq 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 z'K alcohol.licensing@alaska.eov y.i r u https://www.commerce.alaska.goy/web/amco Phone;907.269.0350 � .� r - Alaska Alcoholic Beverage Control Board sr� oF Form AB-01: Transfer License Application Entity Official: Title(s): Phone: %Owned: Address: City: State: ZIP: Entity Official: Title(s): Phoney %Owned: Address: City: State: ZIP: Entity Official: Title(s): Phone: %Owned: Address: City: State: ZIP: This subsection must be completed by any applicant that is a corporation or LLC.Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations(DOC)and have a registered agent who is an individual resident of the state of Alaska. DOC Entity#: 102415 AK Formed Date: 7/17/06 Horne state: Alaska Registered Agent: Konstantinos Kanaras Agent's Phone: 907-491-0485 Agent's Mailing Address: pQ BOX 3172 City: j Seward I state: AK ZIP: 99664 Residency of Agent:. Yes No Is your corporation or LLC's registered agent an individual resident of the state of Alaska? F (Form A13-01](rev 2/24/2022) Page 4 of 7 AMCO 1/27/2023 277 Alcohol and Marijuana Control Office "-,,IA.,ARi X14 ... SSO W 7th Avenue,Suite 1600 Anchorage,AK 99501 a f� r „�c, ' O�'`'• alcohol.licensinac@alaska.eov https://www.commerce.alaska.gov/web/amco ✓' Phone:907.269.0350 Alaska Alcoholic Beverage Control Board sr4roFa � Form AB-01: Transfer License Application Section 6 — Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect ❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? if"Yes",disclose which individual(s)has the financial interest,what the type of business is,and if licensed in Alaska,which license number(s)and license type(s): { Section 7 — Authorizatl6n Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with 7 ❑ AMCO staff? If"Yes",disclose the name of the individual and the reason for this authorization: Pam Humphrey (humphap@yahoo.com) - Bookkeeper Gretchen Weiner (gretchinbookkeeper@yahoo.com) - Bookkeeper Diana Davis (taxlady907@gmall.com)- Accountant [Form AB-01](rev 2/24/2022) Page 5 of 7 AMCO 1/27/2023 278 Alcohol and Marijuana Control Office `a ra�xu 550 W 7' Avenue,Suite 1600 Anchorage,AK 99501 alcohoi.licensing@alaska.Rov httgs://www.commerce.alaska.aov/web/amco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board ti q oFaa `r Form AB-01: Transfer License Application $ectian -Transferor Certifications Additional copies of this page may be attached,as needed,for the controlling interest of the current licensee to be represented. I dec are under penalty of perjury that the undersigned represents a controlling interest of the current licensee.-1 additionally certify that as th nt licensee(either the sole proprietor or the controlling interest of the currently licensed entity)have examined this appli tion,a rove f the transf o•this arc s , d find the information on this application to be true,correct,and complete. Signature oftransferor Konstantinos Kanaras Printed name of transferor Subscribed and sworn to before me thisOO day of -GfH �' ,20 2"2�'. OffiCIAL SM ignature of Notary Public UM J.DA rr NOM ROYAMOF II _ MhjCOi1Yi�. ; 19,2024 Notary Public in and for the State of �a s My commission expires:. sllg l- 2y , Signature of transferor Printed name of transferor Subscribed and sworn to before me this day of 120 Signature of Notary Public Notary Public in and for the State of My commission expires: [Form A13-01](rev 2/24/2022) Page 6 of 7 AMCO 1/27/2023 279 Alcohol and Marijuana Control Office CO 550 W 7`h Avenue,Suite 1600 ip s. o.GeV Anchorage,AK99501 � ✓� i 'O� ` alcohol.licensingCalaska.eov r https://www.commerce.alaska.gov/web/amco ! f Phone:907.269.0350 �„ �✓ Alaska Alcoholic Beverage Control Board 0 S FA Form AS-01: Transfer License Application >� th� Section 9 --Transferee Certifications Read each line below,and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees(as defined in AS O4.11.260)and affiliates have been listed on this application. KK certify that all proposed licensees have been listed with the Division of Corporations. KK uti certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds KK for rejection or denial of this application or revocation of any license issued. I certify that all licensees,agents,and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course,if required by AS O4.21.025,and,while selling or K serving alcoholic beverages,will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course,if required by 3 AAC 304.465, I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. KK i hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application,and I know the full content thereof.I declare that all of the information contained herein,and evidence or jKK other documents submitted are true and correct, I understand that any falsification or misrepresentation of any item or 1 response in this application,or any attachment,or documents to support this application,is sufficient grounds for denying or revoking a license/permit.I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Signature of transferee Signature of Notary P lic Konstantinos KanaraS Notary Public in and for the State of Alaska Printed name My commission expires: 5/19/2024 Su ' �,f��� sworn � before 30 November .me this day of ,20 22 1MA,.DAN [Form AB-011(rev 2/24/2 e ,i$24 Page 7 of 7 AMCO 1/27/2023 280 Alcohol and Marijuana Control Office 550 W 7'h Avenue,Suite 1600 cb Anchorage,AK 99501 v fJr alcohol.Iicensing(@alaska.gov https://www.commerce.alaska.gov/web/amco Alaska Alcoholic Beverage Control Board Phone:907.269.0350 ""4,�oFr.50' Form AB-02: Premises Diagram Why is this form needed? A detailed diagram of the proposed licensed premises is required for all liquor license applications,per AS O4.11.260 and 3 AAC 304.185.Your diagram must include dimensions and must show all entrances and boundaries of the premises,walls,bars, fixtures,and areas of storage,service,consumption,and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants,please provide an additional page that clearly shows the location of your proposed premises within the building or building complex,along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second page of this form may not be required. Blueprints,CAD drawings,or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form.The first page must still be completed,attached to,and submitted with any supplemental diagrams.An AMCO employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. Yes No I have attached blueprints,CAD drawings,or other supporting documents in addition to,or in lieu of,the second a ❑ page of this form. Section 1 - Establishment Information Enter information for the business seeking to be licensed,as identified on the license application. Licensee: Konstantinos Kanaras License Number: 13230 License Type: Restaurant/Eating Place Doing Business As: Apollo Restaurant Premises Address: 229 4th Ave City: Seward State: 1AK I ZIP: 99664 [Form AB-02](rev 2/28/2022) Page 1 of2 AMCO Received 2/21/2023 281 Alcohol and Marijuana Control Office `W + 550 W 7ch Avenue,Suite 1600 o� eo ON Anchorage,AK 99501 alcohol.Iicensing@alaska.aov https://www.commerce.aIaska.gov/web/amco Phone:907.269.0350 Alaska Alcoholic Beverage Control Board sT4 tEOrA�A`'µP Form AB-02: Premises Diagram Section 2 — Detailed Premises Diagram Clearly indicate the boundaries of the premises and the proposed licensed area within that property.Clearly indicate the interior layout of any enclosed areas on the proposed premises.Clearly identify all entrances and exits,walls,bars,and fixtures,and outline in red the perimeter of the areas designated for alcohol storage,service,consumption,and manufacturing.Include dimensions,cross- streets,and points of reference in your drawing.You may attach blueprints or other detailed drawings that meet the requirements of this form. [Form A13-02](rev 2/28/2022) Page 2 of 2 AMCO Received 2/21/2023 282 - c• / Cf Is • • �! 111.E© it,t■�r•`J���___®1--�tttt.l-���©1��-tt■.-. ■ FUn-O EE nMitrMMMM Mt€ MM.f_M=MMMt==EE MMMMMM�■EE MM■I �MMMIMMwMM■t���a■rr� ■MtMM�t��M���M��MMM MONI NMMMMM CE IMMMi ��.N■•.?��t�tr�sr..,...r..�,_.__..��■MMM�M�M■�rMrir-�i�►ri� �t�ti•� ■INSIONM■ I ANim ZNEINNI t ■INEENION INEttNtNSIONt•mm --_� ■t-tt._t-t�lt.t-tt.l�-tI.�MMMI•��1LL��-_ MINE ��:L*lip'r�li'�t�ti•i•t•�ti�titiC'.P�[������1•ti!•��t�,��t� �w s'��■t�t�t��ti•ti•��1•��t�l��t�l:t��l �� ©��!•���t�ti•�rti•�%t�t��ti•t��E�l�J1�7:MINK ��� wit•�t�i!'l�t���i•������t�!•t��:�,f� �� ������••r Ceti"" '1�11�II����S��t��Alyil:��T MINE �•••• � ..��i �R ■ »�lir�t■�t��a��tt�t�ti•�twt�s�il�ttlt�■ SOMMMII■MMMMNE1101INNt anTrr�,�E� sM�M■M�tl■tta►��r�MMM�Mt■M IMOINEINEENIN MMMMMMINNIi .. ®. mm"";MMMM MMMMMMMM �M�fiitr:L� �IM�MI�t �■ ....i-.ur, "i�M■Mt®i r.�r......�... . ...... 'm® �M�MtMt��M�tMMI■Mc MI■0����M�!��MMM#■Mr�M■M�M 9i i�i3�OM�����1• ������������M�Mwtitr 17100 MINE ��M��r�M����M•�����M�M���AM��iE�M� MINE VIM i��MM■�r�������������M������ NEW mm mm mmm : MINE IMNMU��r�M�■�r�M�r�MM■ttMM�rMMM��M��M■1■����I�.., ■1� Mew■IMt�MMM■rrMM��■M�■�MI■MM����M�■��M�MM■MM�I�• NOMt■ /������M�■MIS©Gl[c�L!®!�■��tt�l�■��t■It, ��ii.�w Alcohol and Marijuana Control Office S50 W 7En Avenue,Suite 1600 hafa.s Anchorage,AK 99501 alcohol.licensingRalaska gov ;rr z httos:H—mnyw.commerce.alaska.eav/weblamco Phone:907.269.0350 't Alaska Alcoholic Beverage Control Board ------------- o Form A6-03: Restaurant Designation Permit Application Why is this form needed? A restaurant designation permit application Is required for a licensee desiring designation under3 AAC 304.715—3 AAC 304,795 as a bona fide restaurant,hotel,or eating place for purposes of AS O4.16.010(c)or AS O4.16.049.Designation will be granted only to a holder of a beverage dispensary,club,recreational site,golf course,or restaurant or eating place license,and only if the requirements of 3 AAC 304.305,3 AAC 304.725,and 3 AAC 304.745,as applicable,are met.A menu or expected menu listing the meals,including entrdes prepared on-site and offered to patrons,and copy of the DEC Food Service Permit(or corresponding DHHS documentation for licenses located in the Municipality of Anchorage)must accompany this form.Applicants should review AS 04.16.049—AS O4.16.052 and 3 AAC 304.715—3 AAC 304.795.All fields of this form must be completed.The required$50 permit fee may be made by credit card,check,or money order. ..:r•.:ir' ;i+'�:•%t':3iS::, :..2.%„ a.:,an`+'�'r�:t WK. -,te..,afy..ti:rfMJiy�":?S;",:p:.;:5: •::J•'•iu.",tc- ��T�. ...t:• %F/ iv�SaL'�•.•x.- .i... ::r''i4�hn. 3�« .3.it,�7: "ra;..,. •�rcS��sv,�� ,.Y+r .: ,ti,: '=:.j. r=�:?_ - .1• ry.�`,`a�s�-...Y;. "uir. .:,f: � tr..� e,�,i`� SsS�:}�-... •'2i:r_.•t.i%:':'�r,. .1`4''�'�a:"�::i�.L .rr ✓, '. _ifi•.:..� r •i` �,r 3'.,:y t,_ rY.;,. Y• �L -�µr:-� .ve;�..::�'; �:�:;�:_f.��`.�.$ect�on>'1r-Establis[invent`lnfoirniaf�anr. >=��.;��� �;�,:,:�{�: ..•:�;:,..;,;:;�;.� •�r't?t-�•b;.'��;�ytiSc�G;P;"." .ni'<t"•.:,zf�rr:,r>^-..;r,,yi+_^,'�nY.om.,.;si:n'r'^.....,;rr-.i,.<c•,:;.-,..t-^J.. ,.t... - •-t`Y_^:;' �:{.?i' 'z• c'.r.."1:•.z.�`•n.. t.,......ni..-1a_...�..n....#1:3'>�Y.,3r..5:..,'1...:�+5�'�':.......,�,4a'kri.:faef.-.. ._ ._..s:C'Fw..:•.tt 5...E.-��+.20�s:S!+.�-i::�`-'7'�-�}:Yr�.::ik.".5;%i,,Syr..?D�2�'+.7•:j:•:+..:`i'it:{=:..•.1.�:'+'�+a......`.i`G.u'.r'.9.'-::5:�7��+`al.�. Enter Information for licensed establishment. Licensee: Apollo Restaurant LLC License Type: Restaurant/Eating Place License Number: 3230 Doing Business As: Apollo Restaurant Premises Address: 229 4th Ave city: Seward state: IAK ZIP: 199664 Contact Name: Konstantinos Kararas Contact Phone: 907-491-0485 S:i.'<e'�1':. ":+Yl'l`'sSJ�j'!�YtY::. ;,Y y S..ar.�:Yw`y. 'r:.�.'S-)yuF:'ftt,'-' inl.iti1;b21F_ •nYdti.L:+' ...i..t�Y• _ ,i'-"fin s"�:^.ikl:. .,,i„tf,33,su�,, ;.3.;•- �� .:1,+,.-.r .t..n�. .rd:` `•t�::v,�-r"f::,-3+ ..l;r•�o �;x. ��t?�. �`a:.�yr�j"..'r .0� :.�a .i:�7::;".'r•�4:y�:?'. �;. '�^-•C'!>-�a',•..<:L;.-,c^.:•-'-`�rSe i't 't•'••'4.� r %; ',';`f'^;:.+'r,:;is2�;ijrC+��';..?:'�S�+e:.».o-�,f `:�a>�:,�,5'•�.;�c,?�'v :,i_�.ta:�.:�<`ria��..;-.:,�•• �t�on,2_�:t.::T e:.of'.•Desi :natoon��Re. ue§led !��t ,,Y-_w.^�ca�:rx,>i_L:+:_�kr�• `^'c'X.c....,,GSr•.+f.r ,yr•• '�.j:•rt,.a,r. �:�...?;,•.q.} >.•`r:stf. �:`F-. .t�Y�...n •�-•Y-.:e'•nrtr's� .1:��,.e%�v.:•r^�y''.L3'�i�Y• •',a:''3,.?'i`c+.].....J.l�... . ..e......... •E...�ce..-��.�":�-.'.C�w.._...�e.�k..._'.e.::i��•:.�w:..Fi.:�na�,'T`e:).tiC r :.?..t.:...d:_tin_ /%�XZ:1.1:.,_.x....,......�'}:t`'.-:[....:�k_..,...a...r:Sarni:+•. This application is for the request of designation as a bona fide restaurant,hotel,or eating place for purposes of AS O4.16.010(c)or AS O4.16.049,and for the request of the following designation(s)(check all that apply): 1. a Dining after standard closing hours:AS O4,16.010(c) 2. Fv/1 Dining by persons 16—20 years of age:AS O4.16.049(a)(2) 3. Dining by persons under the age of 16 years,accompanied by a person over the age of 21:AS O4.16.049(a)(3) 4. Employment for any persons under 21 years of age:AS O4.16.049(c) NOTE: Under AS O4.16.049(d),a Department of Labor and Workforce Development work permit is not required to employ a person 18-20 years of age. OFFICE USE ONLY Transaction A �0 5 33 5 2- [Form AB-031(rev 10/27/2022) Page 1 of 5 AMCO Received 2/21/2023 284 Alcohol and Marijuana Control Office 550 w Th Avenue,Suite 1600 Anchorage,AK 99501 1e t alcohol.licensina alaska.eov httus-//www.commerce.a[aska.eov/web/amco- 9 Phone:907,269.0350 Y Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Sect'on3 Minor Access Review AS O4.16.049(a)(2);AS O4.16.049(a)(3);AS O4.16.049(c) List where within the premises minors are anticipated to have access in the course of either dining or employment as designated in Section 2.(Example:Minors will only be allowed in the dining area.OR Minors will only be employed and present in the Kitchen.) Minor customers will only be permitted in the dining area and restrooms. Minor employees are permitted to be on the restaurant floor as well as in the kitchen, they are not permitted to handle or deliver any alcoholic beverages. Describe the policies,practices and procedures that will be in place to ensure that minors do not gain access to alcohol while dining or employed at your premises. Storage: All alcohol will be locked in secure storage. This will only be accessible to the restaurant owners, general manager, and bar tender. Each of these individuals will be at least 21 years old and will hold on their person a current TAP or eTIP card verifying that they have been trained to control the distribution and service of alcoholic beverages in Alaska. Access/Service: There will be no alcohol sales or delivery outside the building walls. Dining guests must enter and exit from the same door, which controls the transfer of alcohol. An owner or manager is always on site and monitors the consumption of alcohol. Yes No Is an owner,manager,or assistant manager who is 21 Years of age or older always present on the premises during business hours? Sect�on'4 DEC Food Service PelrmNt Per 3 AAC 304.910 for an establishment to qualify as a Bona Fide Restaurant,a Food Service Permit or(for licenses within the Municipality of Anchorage)corresponding Department of Health and Human Services documentation is required. Please follow this link to the DEC Food Safety Website:http://dec.alaska.gov/eh/fss/food/ Please follow this link to the Municipality Food Safety Website: http://www.mu ni.org/Departments/health/Admin/environment/FSS/Pages/fssfood.aspx IF you are unable to certify the below statement,please discuss the matter with the AMCO office: Initials l I have attached a copy of the current food service permit for this premises OR the plan review approval E *Please note,if a plan review approval is submitted, a final permit will be required before finalization of any permit or license application. [Form AB-031(rev 10/27/2022) Page 2 of 5 AMCO 1/27/2023 285 Alcohol and Marijuana Control Office & q 550 W Th Avenue,Suite 1600 Anchorage,AK 99501 aIcohol.Iicensing(o)a]aska.gov https://www.commerce.alaska.gov/web/amco T , Phone:907,269.0350 .1 Alaska Alcoholic Beverage Control Board �� aFAr' Form AB-03: Restaurant Designation Kermit Application Sec#ion 5 - Hours of operation Review AS O4.16,010(c). Enter all hours that your establishment intends to be open.Include variances in weekend/weekday hours,and indicate am/pm: Monday- Sunday 11 am- 10pm Sect�orr s Enfiertaynilrten#` Service Review AS04.11,100(g)(2) Yes No Are any forms of entertainment offered or available within the licensed business or within the proposed licensed premises? if"Yes",describe the entertainment offered or available and the hours in which the entertainment may occur: Food and beverage service offered or anticipated is: table service buffet service counter service other If"other",describe the manner of food and beverage service offered or anticipated: [Form AB•031(rev 10/27/2022) Page 3 of 5 AMCO 1/27/2023 286 Alcohol and Marijuana Control Office 550 W 7th Avenue,Suite 1600 Anchorage,AK 99501 alcohol.licenanetMalaska.eov € https:%/w%vui.commerce.aiaska gov/wreblamco: + ✓ { Phone:907.269.0350 Alaska Alcoholic Beverage Control Board qrE Faa Form AB-03: Restaurant Designation Permit Application SddV6n 7 - 0 irt! i i At>lons and Appirovals, Read each line below,and then sign your initials in the box to the right of each statement: Initials There are tables or counters at my establishment for consuming food in a dining area on the premises. �Lll I have included with this form a menu,or an expected menu,listing the meals to be offered to patrons. Kl< This menu includes entrees that are regularly sold and prepared by the licensee at the licensed premises. _t I certify that the license for which I am requesting designation is either a beverage dispensary,club,recreational site, golf course,or restaurant or eating place license. F— El I have included with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted. ^K i (AB-03 applications that accompany a new or transfer license application will not be required to submit an additional copy of their premises diagram.) hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application,and I know the full content thereof. I declare that all of the information contained herein, KK 4g and evidence or other documents submitted are true and correct.I understand that any falsification or , misrepresentation of any item or response in this application,or any attachment,or documents to support this application,is sufficient grounds for denying or revoking a license/permit.I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Printed name of licensee Signature of licensee Local Government Review(to be completed by an appropriate local government official): Approved Denied Signature of local government official Date Printed name of local government official Title [Form A13-03](rev 10/27/2022) Page 4 of 5 AMCO 1/27/2023 287 Alcohol and Marijuana Control Office 550 W Th Avenue,Suite 1600 `by Anchorage,AK 99501 aicohol.IicensinaC�alaslm.eav 1 https•//www commerce afaska.eov rveb/amco r r Phone:907.269.0350 s Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application AMCO Enforcement Review: Enforcement Recommendation: Approve Deny Signature of AMCO Enforcement Supervisor Printed name of AMCO Enforcement Supervisor Date Enforcement Recommendations: AMCO Director Review: Approved Denied Signature of AMCO Director Printed name of AMCO Director Date Limitations: [Form AB-031(rev 10/27/2022) Page 5 of 5 AMCO 1/27/2023 288 1112/23,2:00 PM Appetizer menu I Apollo Restaurant,Seward,Alaska APPETIZERS CLAMS In Mediterranean Fumet $22.00 SAGANAKI Prawns in fresh garlic, Lemon Butter Sauce, herbs, and Feta Cheese $23.00 TZATZIKI DOLMAS Tzatzlki Sauce, Stuffed Grape Leaves,and Pita Bread $17.00 STUFFED MUSHROOMS Mushroom caps stuffed with a seafood mixture,topped with Creamy Lobster Sauce. $20.00 BREADED MOZZARELLA Deep fried to a golden brown and served with Marinara Sauce $16.00 (c)2022 Apollo Restaurant AMCO 1/27/23 https://www,apollorestaurantak.com/appetizer-menu/ 289 1/2 1/12/23,2:00 PM Salads&Soups-Apollo Restaurant Salads & Soups CAESAR SALAD $17.00 Crispy hearts of Romaine, Croutons,Parmesan Cheese,tossed with our Caesar Dressing Add Chicken Breast$22,00 Add Halibut[market price] HOUSE SALAD $10.00 Mix of greens,tomatoes,olives, carrots,and red cabbage with your choice of dressings DRESSINGS:Greek Vinaigrette, French, Ranch GREEK SALAD Lettuce,Tomatoes,Onion, Kalamata Olives, Pepperoncini, Feta Cheese and Greek Vinaigrette $18.00 Add Gyro Meat or Chicken$10.00 CHOWDER(when available) Cup$8.00 Bowl$12.00 HOUSE SOUP(when available) Cup$7.00 Bowl$10.00 (c)2022 Apollo Restaurant AMCO 1/27/23 https://www.apollorestaurantak.com/lunch-menu/ 290 1/1 1/12/23,2:00 PM Pizza,Gourmet Pizza,Calzones,Salads I Seward,Alaska PLEASE USE THIS LINK TO ORDER PIZZA ONLINE ALASKAA S BEST TRADITIONAL PIZZAS HAND STRETCHED AND TOSSED OUR SPECIAL PIZZA DOUGH AND SAUCES ARE MADE FRESH DAILY PLEASE CHOOSE FROM THE FOLLOWING TOPPINGS: PEPPERONI,SAUSAGE, CANADIAN BACON,GROUND BEEF,SALAMI, MUSHROOMS,ONIONS, TOMATOES, BLACK OLIVES, GREEN PEPPERS, PINEAPPLE,JALAPENOS AMCO 1/27/23 https:/iwww.apollorestaurantak.com/pizza/ 291 114 1/12123,2:00 PM Pizza,Gourmet Pizza,Calzones,Salads I Seward,Alaska . g Small Large } 1 211 1 61, MOZZARELLA CHEESE $17 $23 Any one topping $20 $25 Any two topping $22 $27 APOLLO SPECIAL $24 $30 Pizza Sauce, Mozzarella, Green Peppers, Black Olives, Mushrooms, Sausage and Pepperoni VEGETARIAN $25 $32 Pizza Sauce, Mozzarella, Black Olives, Mushrooms,Onions,Green Pepper,and Fresh Tomatoes MAMA MIA SICILIAN $29 $35 Double Crust, Pizza sauce, Black Olives,Onions, Mushrooms,Green Peppers, Italian Sausage, Canadian Bacon, Pepperoni, Extra cheese, and Fresh Tomatoes CAULIFLOWER CRUST-when available $24 Pizza sauce, Garlic Butter,or Alfredo Sauce, Mozzarella, highly recommend no more than 3 toppings from list. EXTRA TOPPING from above list $2 $3 SPECIAL TOPPINGS: Feta,American Bacon,and Anchovies $3 $5 GOURMET PIZZAS Sorry,no half and half on Gourmet Pizza AMCO 1/27/23 https://www.apollorestaurantak.com/pizza/ 292 2/4 1/12/23,2:00 PM Pizza,Gourmet Pizza,Calzones,Salads I Seward,Alaska Small Large 12" .16,E GREEK $24 $33 Garlic Butter Sauce,Mozzarella,Green Peppers, Onions, Mushrooms, Pepperoni, Feta cheese, Fresh Tomatoes and Greek Seasoning GYRO $24 $33 Garlic Butter Sauce,Mozzarella,Mushrooms, Onions,Gyro Meat, Feta Cheese, Fresh Tomatoes and Tzatziki Sauce RANCH $24 $33 Ranch dressing, mozzarella, marinated chicken breast, apple wood smoked bacon ALPINE SUPREME $24 $33 GArlic butter pesto sauce,sun-dried tomatoes,artichokes,marinated chicken breast,mozzarella,feta cheese, parmesan basil. CLASSIC MEDITERRANEAN $24 $33 Garlic Butter Sauce,Mozzarella, Mushrooms,Onions,Green Peppers, Pepperoncini, Kalamata Olives, Feta Cheese, Fresh Tomatoes,and Greek Seasonings MEAT LOVERS $26 $35 Pizza Sauce, Mozzarella,Italian Sausage, Ground Beef,Salami, Canadian Bacon, Pepperoni RUSTIC HICKORY $26 $35 Brandy hickory BBQ sauce, mozzarella,ground beef,apple wood smoked bacon,mushrooms, red onions HAWAIIAN:Pizza sauce, Mozzarella, Canadian Bacon, Pineapple $22 $27 CALZONES BAKED TO A GOLDEN CRUST AMCO 1/27/23 https://www.apollorestaurantak.com/pizza/ 293 314 1112/23,2:00 PM Pizza,Gourmet Pizza,Calzones,Salads I Seward,Alaska MEAT $23 Ricotta cheese, Pepperoni,Canadian Bacon,Salami,Italian Sausage, Parmesan,and Mozzarella Served with Marinara Sauce VEGETARIAN $23 Ricotta cheese,mushrooms,onions,green peppers,fresh tomatoes, black olives, parmesan,mozzarella,served with marinara sauce. GYRO $23 Garlic Butter Sauce,Gyro Meat, Mushrooms, Onions, Feta, Fresh Tomatoes,and Mozzarella Served with Tzatziki Sauce GREEK $23 Garlic Gutter Sauce, Mozzarella, Pepperoni, Mushrooms,Onions, Green Peppers, Fresh Tomatoes, and Feta Cheese Served with Marinara Sauce BIAN CO $23 Alfredo Sauce,Grilled Chicken Breast, Mushrooms,Onions,and Mozzarella Cheese. Served with Marinara Sauce (c)2022 Apollo Restaurant AM C O 1/27/23 https://www.apollorestaurantak.com/pizza/ 294 4/4 1/12/23,2:01 PM BURGERS&GYROS-Apollo Restaurant BURGERS & GYROS Served with French Fries or substitute a Salad for$3.00 extra All Burgers are 1/31b and come with Mayonnaise,Greens, Onions,Tomatoes,and Pickles CHEESE BURGER on Brioche Bun $17.00 Add Bacon$3.00 BRANDY HICKORY BBQ BURGER on Brioche Bun $20,00 Applewood Bacon and Pepper jack Cheese GYROS SANDWICH $20.00 A delightful mix of beef and lamb with tomatoes,onions and Tzatziki Sauce wrapped in Pita Bread (c)2022Apollo Restaurant AMCO 1/27/23 https://www.apollorestaurantak.com/burgers-gyros/ 295 1�� 1/12/23,2:01 PM Old World Specialties-Apotio Restaurant OLD WORLD SPECIALTIES RAVIOLI AL FORNO $27.00 Oven baked Cheese Ravioli topped with Marinara or Alfredo Sauce, Mozzarella,and Parmesan Cheeses CHICKEN PARMESAN $28,00 Hand crusted,pan-seared chicken breastwith Marinara Sauce, Mozzarella,Parmesan Cheeses, and oven baked, served with Spaghetti SPAGHETTI $16.00 Topped with house made Marinara Sauce Add Meatballs$8.00 LASAGNA $28.00 House made with our Sicilian special filling and cheese mix between layers of Lasagna noodles GYRO PLATE $24.00 A delightful mixture of beef and Iamb, onions,tomatoes,Tzatziki Sauce,open faced on Pita Bread,and Fries ATHENIAN CHICKEN $28.00 Char-broiled chicken breast seasoned with Mediterranean blend of herbs,topped with a Garlic Lemon Tarragon Sauce served with Greek Spaghetti (c)2022 Apollo Restaurant AMCO 1/27/23 https://www.apallareStaUTantak.com/old-world-speclaitiest 296 1/1 1/12/23,2:02 PM Seafood&Pasta-Apollo Restaurant SEAFOOD FISH &CHIPS Beer Battered Halibut and deep fried to a golden brown served with French Fries and Tartar Sauce Market Price CATCH OF THE DAY Let us prepare your freshly processed catch of the day. Limited to 1 lb per person.Served with your choice of salad and choice of pasta or potatoes CURRENT PRICE THE DISHES BELOW ARE SERVED WITH PASTA OR POTATOES AND VEGETABLES KING CRAB LEGS One pound King Crab Legs When Available-MARKET PRICE CALABRESE Baked halibut stuffed with seafood mixture wrapped in Phyllo dough topped with Lobster sauce $38.00 MONTE MIO Char-broiled Halibut with Mediterranean herbs,and finished with Olive Oil, Lemon Garlic Tarragon Sauce MARKET PRICE SEAFOOD PASTA FRUTTI DI MARE Halibut, Prawns,Scallops, Clams tossed with Alfredo Sauce and Fettuccini Pasta $39.00 SEAFOOD LIVORENEZE Halibut,Prawns,Scallops,Clams,and Mussels in a Saffron Lobster Fumet over Spaghetti $37,00 LOBSTER MAC AND CHEESE Oven baked Lobster Medallions with cream, Sharp White Cheddar Cheese, Penne Pasta and roasted Macadamia Nut Crust When Available-MARKET PRICE AMCO 1/27/23 https:ltwww.apollorestaurantak.com/seafood-pastat 297 2/3 1/12/23,2:02 PM Meats-Apollo Restaurant MEATS U.S.PRIVATE OWNED FARMS Char-broiled with a house rub and finished with Olive Oil Garlic Sauce served with pasta or potatoes and vegetables Ribeye$42.00 New York$40.00 Add Prawns$10,00 (c)2022 Apollo Restaurant AMCO 1/27/23 https://www.apollorestaurantak.com/meats/ 298 1/1 1112/23,2:02 PM Kids&Sides-Apollo Restaurant FOR KIDS UNDER 12 YEARS SPAGHETTI$10.00 CHICKEN STRIPS$12.00 RAVIOLI $10.00 FRENCH FRIES$10.00 SIDE ORDERS BREADSTICKS BASKET$10.00 FRENCH FRIES$10.00 SAUCE OR DRESSING 2oz-$2.00 4oz-$4.00 8oz-$8.00 (Q2022 Apollo Restaurant AMCO 1/27/23 https;/lwww.apollorestaurantak.com/kids-sides/ 299 �/1 1/12/23,2:02 PM Wines&Libations-Apollo Restaurant WINE, BEER AND OTHER BEVERAGES WI-SITE WINES GLASS BOTTLE Boutari Kretikos White Blend $8.50 $32 Cambria"Katherines Vineyard"Chardonnay, California $7.5 $30 Chateau,Ste. Michelle'Indian Wells' Chardonnay,Washington $34 Kings Estate, Pinot Gris,Oregon $8.50 $36 Coppo, Moncalvina, Moscato d'Asti, Italy $7.5 $30 Lunetta,Sparkling Prosecco, Italy $9.5 187ml Santa Christina Pinot Grigio $32 Matua Sauvignon Blanc New Zealand $8 $28 Pacific Rim Reisling Columbia Valley $32 Michael David Freakshow Cabernet Sauvignon California $9 $34 RED WINES AMCO 1/27/23 https://www.apollorestaurantak.com/wines-libations/ 300 1/3 1/12123,2:02 PM Wines&Libations-Apollo Restaurant GLASS BOTTLE Josh Cellars, Cabernet Sauvignon California $38 St Francis, Merlot California $34 Castle Rock, Merlot Washington $32 Hess Select, Pinot Noir California $36 A to Z, Pinot Noir Oregon $8.S $34 Dona Paula"Los Cardos"Malbec Argentina $8.5 $32 Ruffino, Riserva Ducale, Chianti Classico Italy $44 Michael David"Freakshow"Blend California $9 $36 BOTTLE BEER Budweiser, Bud Light,Coors Light, Miller Lite $6 Stella Artois, Peroni, $6 Alaskan Brewing Company,Juneau, 12 oz Bottles $6 Amber Ale, Indian Pale Ale,White Ale KISSIK'S ALES, KENAI $12 22 oz. Bottles "Dolly Varden"Nut Brown Ale,"Morning Wood"IPA "Beaver Tail"Blonde Ale Can Beer, Brewed in Alaska $6 Denali Brewing Co.Talkeetna "Twister Creek"IPA,Agave Gold Ale, 12 oz Can King Street Brewing Company,Anchorage $6 Blonde Ale, Hefeweizen, 12 oz Can Irish Stout $6 IPA 16 oz. $10 OTHER BEVERAGES AMCO 1/27/23 https:/Iwww.apollorestaurantak.com/wines-libations/ 301 213 1/12/23,2:02 PM Wines&Libations-Apollo Restaurant Fountain Soda-- $2.5(1 refill) Coke, Diet Coke, Root Beer,Sprite, Dr. Pepper, Lemonade Canned Soda $2.5 Coke,Diet Coke, Root Beer, Sprite, Dr, Pepper, Fanta Orange Soda Henry Wienhard's,Vanilla,Orange or Cherry Cream Soda $3 Arnold Palmer $3 Juice,Apple or Orange $3 Coffee,Tea or Milk $3 Pitcher of Fountain Soda or Iced Tea $7 (c)2022 Apollo Restaurant AMCO 1/27/23 https://www.apollorestaurantak.com/wines-libations/ 302 3/3 �L v� t! rr" •< 4• p �C i Alaska Food Code 2023 Establishment Permit Division of Environmental Health Food Safety&Sanitation Program Permit Number: 5060 Issued to: APOLLO RESTAURANT,LLC For: Apollo Restaurant For Operation,of: FF-1 Food Service Located at: 229 4th AVE Seward,AK 99664 This permit,issued under the provisions of 18 AAC 31,is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership,facility location,or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. Expiration Date: Program Manager: December 31,2023 If you have questions or concerns regarding safe food handling practices call toll free: R IJAI OD (in Anchorage caul 334-2560) v of 2y Z� ii ya A L A5Y`r AMCO 1/27/23 303 V OF 'r III %�� THE STATE Department of Commerce, Community, an', of d Economic Development =� ALAS ALCOHOL& MARIJUANA CONTROL OFFICE 4 550 West 7t"Avenue, Suite 1600 - GOVERNOR MIKE DUNLEAVY Anchorage,AK 99501 Qe.ALAS�P Main: 907.269.0350 March 21, 2023 City of Seward, Kenai Peninsula Borough Via Email: clerk@cityofseward.net; bballou@citvofseward.net; mlenkins@kpb.us; ivanhoose@kpb.us; iratky@kpb.us; clackinsky@kpb.us; maldridge@kpb.us; ncarver@kpb.us; slopez@kpb.us; iblankenship@kpb.us; assemblyclerk@kpb.us; bcarter@kpb.us Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Restaurant/Eating Place License Number: 1 3230 Licensee: Konstantinos Kanaras Doing Business As: Apollo Restaurant We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction.This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, /�era-L A, Joan Wilson, Director amco.localgovernmentonly@alaska.gov 304 STATE OF ALASKA-ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL XXXX LIQUOR LICENSE 3230 ISSUED 2023 - 2024 LICENSE RENEWAL APPLICATION DUE 02/27/2023 DECEMBER 31,2024(AS O4.11.270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28,2025 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatinc- LICENSE FEE: $600.00 1130 CITY/BOROUGH: Seward Kenai Peninsula Borough D/B/A: Apollo Restaurant 229 4th Ave This license cannot be transferred without permission of the Alcoholic Beverage Control Board Mail Address: KonStantlnos KanaraS Special restriction-see reverse side PO Box 3172 ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE CONTROL BOARD Seward, AK 99664 DIRECTOR 04-900(REV 10/20/22 THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES ---------------------------------------------------------------------------------- STATE OF ALASKA-ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL X= LIQUOR LICENSE 3230 ISSUED 2 0 2 3 - 2024 LICENSE RENEWAL APPLICATION DUE 02/27/2023 DECEMBER 31,2024(AS O4.11.270(b)) ABC BOARD TEMPORARY THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28,2025 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatin LICENSE FEE: $600.00 CITY/BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board D/B/A: [ ]Special restriction-see reverse side Apollo Restaurant ISSUED BY ORDER OF THE 229 4th Ave ALCOHOLIC BEVERAGE CONTROL BOARD Mailing Address: Konstantinos Kanaras COPY PO Box 3172 DIRECTOR Seward, AK 99664 THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 04-900(REV L2Lji tom♦4,y,}, nHco Alaska Alcoholic Beverage Control Board sMti AB-17: 2023/2024 License Renewal ApplicatiMhol and Marijuana Control Office 550 W 7 Avenue, e�' y Suite 1600 AMCO Anchorage,AK 99501 alcohoLlicensinR alaska.�ov httPs://www.commerce.alaska.gov/web/amc Phone:907.269.0350 f°►'r*,L 0*0 Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 General Renewal Application • This form and any required supplemental forms must be completed,signed by the licensee,and postmarked no later than 12/31/2022 per AS O4.11.270,3 AAC 304.160,with all required fees paid in full,or a non-refundable$500.00 late fee applies. • Any application for renewal or any fees for renewal that have not been postmarked by 2/28/2023 will be expired per AS O4.11.540,3 AAC 304.160(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required,or the application will be returned without being processed,per AS O4.11.270,3 AAC 304.105 • Receipt and/or processing of renewal payments by AMCO staff neither indicates norguarantees in any way that an application will be deemed complete,renewed,or that it will be scheduled for the next ABC Board meeting. Section 1 - Establishment Contact Information Licensee )Owner : Konstantinos Kanaras License#: 3230 � License Type' Restaurant/Eating Place Doing Business As: Apollo Restaruant Local Governing Body: Seward,Kenai Peninsula Borough Community Council: NONE If your mailing address has changed,write the NEW address below: Mailing Address: P.O. BOX 3172 City: SEWARD State: AK ZIP: 99664 Section 2 - Licensee Contact Information Contact Licensee:The individual listed below must be part of the ownership structure of the licensee listed in Section 1.This person will be the designated point of contact regarding this license,unless the Optional contact is completed. Contact Licensee: KONSTANTINOS KANARAS 7 Contact Phone: 907-224-3092 Contact Email: com Optional:If you wish for AMCO staff to communicate with anyone other than the Contact Licensee(such as legal counsel)about your license, list their information below: Name of Contact: PAM HUMPHREY Contact Phone: 907-224-3464 Contact Email: humphap@yahoo.com Section 3 - for Package Stores ONLY: Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in calendar years 2022 and/or 2023? El El [Form AB-17](rev 9/27/2022) Page 1 of 3 306 Alaska Alcoholic Beverage Control Board AMCO Form AB-17: 2023/2024 License Renewal Application Section 4 - Ownership/er Structure Certification C,,f `�t1^°\ 21/ 2 i s' YES NO Did the ownership structure of the licensed business change in 2021/2022? M Ix 1 If Yes,and you have NOT notified AMCO,list the updated information on form AB-39:Change of Officers and submit with your renewal application. If No,certify the statement below by initialing the box to the right of the statement. I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2021 or 2022. KK Section 5 - License Operation Check ONEBOXforEACH CALENDAR YEAR that best describes howthis liquor license was operated: 2021 2022 1. The license was operated for more than 240 hours throughout each year. (Year-round) 2. The license was only operated during a specified time each year.(Not to exceed 6 months per year) If Your operation dates have changed list them below to 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A complete AB-30:Proof of Minimum Operation Checklist and all documentation must be provided with this form 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year,during one or both calendaryears.A complete FormAB-29:Waiverof operation Application and corresponding fees must be submitted with this application for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in i you are not required to pay the fees, however a complete AB-29 is required with Section 2 marked"Other"and COVID is listed as the reason Section 6 - Violations and Convictions YES NO Have Notices of Violation been issued for this license? El u -- i Has person or entity in this application been convicted of a violation of Title 04,3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2021 or 2022? El Ell If you checked YES,you MUST attach a list of all Notices of Violation and/or Convictions per AS 04.11.270(a)(2) If you are unsure if you have received any Notices of Violation,contact the office before submitting this form. Section 7 -Certifications As an applicant for a liquor license renewal,I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304,and that this application,including all accompanying schedules and statements,are true,correct,and complete. • I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. • I certify that in accordance with AS O4.11.450,no one other than the licensee(s),as defined in AS O4.11.260,has a direct or indirect financial interest in the licensed business. • I certify that this entity is in good standing with Corporations, Business and Professional Licensing(CBPL)and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license,and have provided all required documents for any new or changes of officers. OCT 2 7 203'2� [Form A13-17](rev 9/27/2022) Page 2 of 3 307 ",A V"", s Alaska Alcoholic Beverage Control Board ANCO Form AB-17: 2023/2024 License Renewal Application • I certify that all licensees,agents,and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current,valid copies of their course completion cards on the licensed premises during all working hours,if applicable for this license type as set forth in AS 04.21.025 and 3 AAC 304.465. 1 hereby certify that I am the person herein named and subscribing to this application and that 1 have read the complete application, and I know the full content thereof. I declare that all of the information contained herein,and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application,or any attachment,or documents to support this application,is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of un worn falsification. Signature of licensee Lgnaturetary Public KONSTANTINOS KANARAS Notary Public in and for the State of� {a Printed name of licensee My commission expires:�2 _�a- a)�Xo .� c Subscribed and sworn to before me this ce day of (� NOTARY ; _ ( �b�,r 2oa� . F"PAP Nip �d Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB-36: Recreational Site Statement Tourism applications must include a completed AB-37:Tourism Statement Wholesale applications must include a completed AB-25:Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online: https://www.commerce.alaska.gov/web/amco/Alcohol LicenseApplication.aspx FOR OFFICE USE ONLY License Fee: $600.00 Application Fee: $300.00 Misc. Fee: $ Total Fees Due: $ 900.00 ►-7 6 S_7 [Form A13-17](rev 9/27/2022) Page 3 of 3 308 10/27/22, 12:56 PM Division of Corporations,Business and Professional Licensing LICENSE DETAILS License#: 902617 Print Business License Business Name: APOLLO RESTAURANT LLC Status: Active Issue Date: 01/08/2007 Expiration Date: 12/31/2024 Mailing Address: PO BOX 3172 SEWARD,AK 99664 Physical Address: 229 4TH AVE SEWARD,AK 99664 Owners APOLLO RESTAURANT LLC ,A MCa Activities ' ` CvrL �e 3 12- �z 3 Line of Business NAICS Professional License# 72-Accommodation and Food Services 722110-FULL-SERVICE RESTAURANTS Endorsements No Endorsements Found License Lapse(s) If this business license lapsed within the last four years the lapsed periods will ap pear below. Lapsed periods are the unlicensed period between an expiration date and renewal date. No Lapses on record for the last 4 years. Close License Detail Print Friendly Version 309 https://www.commerce.alaska.gov/cbp/businesslicense/search/License 1/1 ����4LTdIrI/f�l e- Office of the Borough Clerk 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Michele Turner, CIVIC Acting Borough Clerk 4/10/2023 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non-Objection of Application Licensee/Applicant Apollo Restaurant LLC Business Name Apollo Restaurant License Type Restaurant/Eating Places License Location 229 4th Ave, City of Seward License No. 3230 Application Type Restaurant Designation Permit Transfer of Owner Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, -4 "4(UA Michele Turner, CMC Acting Borough Clerk cc: apollo300gr@gmail.com; MT/jr 310 CITY OF SEWARD, ALASKA RECEIVE APPLICATION FOR THE SEWARD HISTORIC PRESERVATION COMMISSION APR 14 2023 OFFICE OF THE NAME: z.� S� CITY CLERK STREET ADDRESS: 3c)(I A i1 MAILING ADDRESS: `_(, E-MAIL ADDRESS, C u( ovi Q e)-4 cv y�a ow C t�f HOME TELEPHONE: q 02 - Z,c5b - 4613 �J LENGTH OF RESIDENCY IN THE SEWARD AREA: t 7 [ tFc�S t Cr7 PRESENTLY EMPLOYED AS. List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: ' td� } �. t�E �l� "l�� 1 Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: I am specifically interested in serving on the Historic Preservation Commission because: by u,_0"'o i !1 � 't.�.w t,L S S i Cn U� (' 1��ti��5��`l )w C yl '`_A-Yu Y� ,,4 0V 1 o.l..I f a_J Have you ever served on a similar commission elsewhere? Yes o No If so, where? And when? If appointed, are you willing to: • Do historic research? Y NO • Work on preparing grant applications? - S NO • Work on writing historic register nominations? - NO • Attend historic preservation workshops? YE NO �_A - I ___1) ZLz-3 IG TURE DATE 311 My name is Laura Erickson and I want to thank the city council for allowing me the opportunity to talk this evening. I remember the first time I came to Seward like it was yesterday. I thought Seward was quaint, stunning in beauty, and rich in history: all before I even knew the town. We have had a house in Seward since 2005, and it's my happy place. All year long. I became a commissioner for the Seward Historic Preservation and served from 2014-2017. 1 wanted to be part of the community and really get to know the history of the town, railroad,Jesse Lee home, and even the red-light district and be part of carrying that history forward. I really enjoyed my time as a commissioner and see that the current commission is carrying out one of our ideas from many years ago with the walking tour. I love the placards around town. I couldn't be happier. I was dedicated to attending the in-person meetings as well as the work sessions of the commission during those previous years as it was a commitment I take seriously. I expect to carry that commitment forward with this new appointment with the expectation I would attend the meetings if at all feasibly possible. I currently work at a non-profit and believe my skills in working at a non-profit will only enhance the skills of the commission at hand whether it be grant-writing, organizational skills, and the ability work well with the team. Tanguy Libbrecht and I have known each other for many years and have worked for common goals together in the past. Looking out ahead in my future, my husband and I intend to retire here and he'll be leading the way as he is in the process of stepping back in his current role and will spend more time in Seward preparing our home for when we are both retired. His time spent here will mean more time I will spend here as we get prepare for the final move down. I am devoted to serving the mission of the historical preservation commission and helping to promote a greater appreciation for our shared history. My hope is that it doesn't matter if the person is visiting or living in Seward for 5 hours, 5 days, 5 years, or 50 years, I want them to have the same spark as I did of wanting to know a little more about this special home I call Seward and be able to take a little history knowledge with them. 312 • swir- Resolution 2023-049 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase a 2023 Chevrolet Silverado 2500 Double Cab from Chevrolet of South Anchorage Using the State Procurement Process in a Not-To-Exceed Amount of $60,073 and Appropriating Funds Documents: • Agenda Statement • Resolution 2022-049 • Attachments: o Estimate — Chevrolet of South Anchorage 313 City Council Agenda Statement Meeting Date: April 24, 2023 MAP To: City Council Through: Janette Bower, City Manager From: Rob Montgomery Subject: Resolution 2023-049: Authorizing the City Manager to Purchase a 2023 Chevrolet Silverado 2500 Double Cab from Chevrolet of South Anchorage Using the State Procurement Process in A Not-To-Exceed Amount of $60,073 and Appropriating Funds Background and justification: In January 2023, an Electric Department employee wrecked one of the department's fleet trucks after losing control of the vehicle in icy conditions. The employee was not injured, but the truck struck a power pole and was damaged beyond repair. With this truck being a shared fleet vehicle and is regularly used in day-to-day operations, it's important to proceed with a replacement. The department received an insurance payoff for the wrecked truck in the amount of$36,708. The department is proceeding quickly with the purchase of a replacement since a truck is available and the supply chain in recent years has been experienced long lead times. The Electric Department followed the State of Alaska's competitive procurement process in selecting the vendor, Chevrolet of South Anchorage, for the purchase. Sole-source purchasing of a new vehicle is allowed under Seward City Code section 6.10.120.A. The Electric Department annually contributes funds to the motor pool fund for the replacement of department vehicles. 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: Reduce Energy Costs — Expand customer base within the Seward Electric utility area Other: Certification of Funds Total amount of funds listed in this legislation: $ 60,073 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 60,073 Creates a savings in the amount of: $ 314 0 Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted 03000-3000-8103 Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare x Motor Pool Other Note:amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ 3,329,964 Available Unrestricted Cash Balance: $ 2,064,709 Finance Director Signature: Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 315 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2023-049 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Purchase a 2023 Chevrolet Silverado 2500 Double Cab from Chevrolet of South Anchorage Using the State Procurement Process in a Not-To-Exceed Amount of$60,073 and Appropriating Funds WHEREAS, the new crew truck is a replacement for a truck wrecked and damaged beyond repair in December 2022 after an Electric Department employee lost control of the vehicle in icy conditions, slid off the road and struck a power pole in the adjoining easement; and WHEREAS, the new vehicle is essential to the day-to-day operations of the electric department as it serves as a fleet vehicle for electric department crews; and WHEREAS, the Electric Department followed the State of Alaska's competitive procurement process in selecting the vendor, Chevrolet of South Anchorage, for the purchase; and WHEREAS, sole-source purchasing of a new vehicle is allowed under Seward City Code section 6.10.120.A. To supplies, materials, equipment, or contractual services which can only be furnished by a single dealer or which have a uniform published price; and WHEREAS, the Electric Department annually contributes funds to the motor pool fund for the replacement of department vehicles; and WHEREAS, the department received an insurance payoff for the wrecked truck in the amount of$36,708. 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 a 2022 Chevrolet Silverado 2500 Double Cab from Chevrolet of South Anchorage,with funding from the Motor Pool Fund reserves. Section 2. Funding in the amount of$60,073 is hereby appropriated from the Motor Pool Fund reserves account 03000-0000-3400 to capital equipment account no. 03000-3000-8103. Section 3. This resolution shall take effect immediately upon adoption. 316 BUSINESS ANCHORAGE ELITE FIND ROADS "t 9100 Old Seward Hwy Anchorage, AK 99515 QUOTE # April 4, 2023 Quote for: James Unrein Dan Johnson City of Seward ., n Fleet Sales Manager PO Box 167 907-365-8638 Phone SEWARD. AK 99664 907-365-8664 fax (907) 362-1 142, (907) 224-5051 fax danJohnson@lithia.com Quotes are good for purchase or delivery by 04/30/2023.and are net after all current rebates. incentives and discounts. Without a confirmed Purchase commitment all vehicles offered are SuWect to Prior Sale ALL PRICING IS AFTER CURRENT INCENTIVES, UNLESS NOTED OTHER WISE Model: 2023 SILVERADO, 2500 DOUBLE CAB, LONG BED, GAS 4X4, LT MODEL Price: S52,000 LT MODEL PICKUP S5,535 12,000 LB WINCH, WINCH BUMPER AND LIGHTS, INSTALLED $1,988 BACKRACK, MINI BAR, LED STRYKER , WIRELESS REMOTE LIGHT INSTALLED ------------- $59,523 TOTAL: PLUS, DMV IF APPLICABLE -- OTHER OPTIONS AVAILABLE: SPRAY IN BED LINE , S550 SEAT COVERS: $899 FRT & REAR RUNNING BOARDS: $899 INSTALLED Note: THE VEHICLE IS BUILT, Vehicle#1: 2023 Chevrolet 250OHD Silverado VINIOrder# MSRP Stock# 1GC5YNE78PF246240 $57,490.00 PF246240F Additional Vehicle Information GM Marketing Information 317 Body Style: CK20953-LWB, 4WD, Double Cab Pickup PEG: 1LT-LT Preferred Equipment Group Primary GAN-Silver Ice Metallic Color: Trim: HOU-1 WT/1 LT/l SP/2LT/1 FL/1 LS-Cloth, Jet Black: Interior Trim Engine: L8T-Engine: 6.6L, V-8, SIDI Transmission: MYD-6-Speed Automatic Options: 1LT-LT Preferred Equipment Group 1_8T-Engine: 6.6L, V-8, SIDI 1SZ-ALL STAR EDITION AND Z71 OFF-ROAD & MYD-6-Speed Automatic PROTECTION PACKAGE DISCOUNT N37-Steering Column, Manual Tilt & Telescoping 91-7-Upfitter/Accessory Electrical Switches NQH-Transfer Case: Active, 2-Speed, Autotrac, Rotary A2X-Power Seat Adjuster(Driver's Side) NZZ-Skid Plate AAK-LPO-Floor Liners, 1 st&2nd Row, All-Weather, with PCL-1 LT/1 SP/2LT Convenience 1 Package logo PDU-1 LT/1 SP All-Star Edition AKO-Glass, Deep Tinted PDZ-Off-Road and Protection Package AU3-Power Door Locks PQB-Safety Package AVJ-Keyless Open & Keyless Start PYV-Wheels: 18"Aluminum AZ3-Seats: Front 40/20/40 Split-Bench, Full Feature PZ8-Hitch Guidance with Hitch View and Image Adjustn B1J-Liner, Rear Wheelhouse QF6-Tires: LT275170 R18 All Terrain, Blackwall B30-Floor Covering: Carpet, Color Keyed QK1-Standard Tailgate BTV-Remote Engine Starting Pkg QT5-Tailgate Function--EZ Lift, Power Lock & Release C49-Defogger, Rear Window, Electric R66-XM RADIO SERVICE NOT AVAILABLE CGN-Chevytec Spray-on Liner SAF-Spare Tire Lock CJ2-Climate Control, Electronic- Multi-zone T3U-LED Fog Lamps, Front DD8-ISRV Mirror, Electro-chromatic U1 D-Trailering Information Application DWC-Mirrors, O/S: Man.Fold.,Man. Ext., Heat, Turn U2K-SiriusXM Satellite Radio (subscription) Indicator UD5-Parking Assist, Front & Rear Sensors E63-Durabed UDD-Driver Info Display FE9-Federal Emissions UE1-OnStar Communication System G80-Auto Locking Differential, Rear UF2-Lighting, Cargo Box, LED GAN-Silver Ice Metallic UK3-Radio Controls-Steering Wheel GT4-Rear Axle: 3.73 Ratio UTJ-Theft Protection System, Unauthorized Entry HOU-1 WT/1 LT/1 SP/2LT/1 FL/1 LS-Cloth, Jet Black, UVB-Rear Vision Camera, HD Interior Trim V46-Bumper, Front, Chrome IOS-Chevrolet Infotainment Plus, 8" P/U Screen, 10.2" V76-Recovery Hooks SUV VJH-Bumper, Rear, Chrome Step JGG-GVW Rating 10,750 Lbs Single Rear Wheels VK3-Front License Plate Mounting Provisions JHD-Hill Descent Control VYU-Snow Plow Prep/Camper Package JL1-Integrated Trailer Brake Controller YM8-LPO Processing Option K05-Engine Block Heater Z71-Suspension Package: Off-Road K34-Cruise Control Z82-Trailering Package K47-Heavy Duty Air Filter ZL6-Advanced Trailering Package KA1-Heated Seats, Front ZYG-Tire, Spare: LT275/70 R18 All Terrain, Blackwall KC4-Cooler, Engine Oil K13-Heated Steering Wheel KI4-120 Volt Electrical Receptacle, In Cab KNP-Transmission Cooling System KW5-Alternator, 220 AMP 318 Memorandum Date: April 24, 2023 To: City Council From: Brenda Ballou, City Clerk RE: Planning the 55th Sister City Anniversary Delegation Exchange Between Seward and Obihiro, Japan BACKGROUND &JUSTIFICATION: On March 28,2023, council discussed the possibility of having an adult exchange between Seward and Obihiro, Japan in recognition of the 551h anniversary of the Sister City relationship between the two cities. The City of Obihiro is interested in sending a delegation to Seward during the Silver Salmon Derby (August 12-30) and for Founder's Day (August 28). In exchange, the City of Seward has been invited to visit Obihiro in October to attend the Chrysanthemum Festival and Tokachi Marathon. RECOMMENDATION: Follow the planning document attached and begin to formulate the plans. 319 55m Sister City Anniversary Adult Delegation Exchange 2023 Planning Doc OBIHIRO to Seward Dates: August 15-31, 2023 (ten day visit) August 25 or 26— Sept 1 or 2 Delegation: Mayor Norihisa Yonezawa City Council President City Employee#1 City Employee#2 City Employee#3 Citizen#1 Citizen#2 Citizen#3 Citizen#4 Citizen#5 Activities: Welcome Party —Community Room Silver Salmon Derby — 10-pack charter& closing ceremonies/awards Mural Tour— The Painted Whale Dog Sledding— Seavey's Ididaride Exit Glacier Hike Gold Panning—Adventure 60 OBI Fisheries Tour Trail Lake Hatchery Tour Ziplining— Stoney Creek Ziplining Alaska SeaLife Center Tour Rez Bay Boat Tour—KFT and/or MM City Council Meeting—August 28 Founders Day Celebration Wildlife Management Center(visit on the way to or from airport) Lodging: Mayor Yonezawa(and entourage)is required to stay in a hotel Up to Six Guests— Seward Chalets (donated by Randy & Jennifer Wells) Transportation: 15 passenger van—Hertz/Thrifty of Seward Collaborators: Chamber of Commerce Seward Arts Council Seward Mural Society Other: Gifts for visiting delegation City to city gift Budget: $ 320 55m Sister City Anniversary Adult Delegation Exchange 2023 Planning Doc SEWARD to Obihiro Dates: October 25-31, 2023 (seven day visit) October 23-31, 2023 Delegation: Vice Mayor John Osenga Council Member Randy Wells Council Member Robert Barnwell City Manager or Assistant City Manager ? Other city employee ? Citizen#1 Citizen#2 Citizen#3 Citizen#4 Citizen#5 Activities: Welcome Party Chrysanthemum Festival (Oct 28-Nov 1) Tokachi Marathon (Oct 29)Participation in the race is welcomed. Wine & Beef Festival ? Outdoor activities (cycling, river rafting, etc.) Obihiro Museum Obihiro Zoo Tea Ceremony Calligraphy Demonstration Horserace Visit Farm Visit Lodging: Homestays Transportation: Air Train Other: Gifts for homestay families City to city gift Budget: $ Will council subsidize the citizens' expenses? Does council wish to add additional time to visit Kushiro? • Can take train from Obihiro to Kushiro Does council wish to establish a planning committee? 321 SISTER CITY 50th ANNIVERSARY CELEBRATION LEG DAY DATE ACTIVITY COST NOTES Obihiro in Seward SAT 8/11 Citizen Arrival 6 citizens from Obihim arrive in Seward Saturday,August 11,2018 August 2018 Hertz Rental Van 1,000 1.Participate in Silver Salmon Derby on Thursday,August 16,2018 Airport Parking 3 2.Stay With Home59ayfamilies Wildlife Management Center(6 x$15) 120 3.Participate in various other activites throughout the week SUN 8/12 Welcome Party-Pot Luck at Library 4.Joined by the Obihiro Mayor and his entourage on Friday,August 17,2018 Welcome Gifts 300 5.Attend SSD closing ceremonies on Sunday,August 19,2028 Food/Cake 200 6.Obihiro Mayor is required to stay in a hotel by code Party Supplies 100 MON 9/13 Seavey's Ididaride,Exit Glacier Hike&Gold Panning Seavey's Ididaride 550 5eavey's Musher Tip(520 x 3 Mushers) 60 Exit Glacier Hike 0 Gold Panning at Adventure 60 North 120 Lunch 200 Gas 50 TOE 8/14 ASLC Tour,Icicle Fisheries Tour&KFT Fox Island Dinner Cruise ASLC Tour 0 Lunch 200 icicle Fisheries Tour 0 KFT Dinner Cruise 400 WED 8/15 Salmon Hatchery Tour,Mural Tour,Ziplining Mural Walking Tour 200 Lunch 200 Trail Lakes Salmon Hatchery 0 Stoney Creek Ziplining Sao Ziplining Tip($20 x 3 guides) 60 Gas 50 THU 8116 Silver Salmon Derby Charter 10-Pack 3,500 Fishing Licenses 200 FRI 8/17 Arrival of Obihiro Mayor&Entourage Airport Parking 3 Wildlife Management Center(6 x$15) 99 Gas 50 SAT 8/18 Satin Anniversa ry Celebratien Parade 500 Anniversary Gift 500 Party Favors 500 Party 1,000 SUN 8/19 SSD Closing Ceremonies MON 8120 SUBTOTAL-AUGUST 10,656 Seward in Obihiro Participants Travel to Obihiro 6 Participants from 5eward arrive in Obihiro(date] October 2018 Airfare(6 x$1,500) 9,000 1.Stay with Homestay families Anniversary Gift 1,0e0 2.Participate in various activates arranged by Obihiro office Train trip to Kushiro 500 3.Attend Wine/Beef Festival Gift for Kushiro 200 4.Day trip via train to Kushiro SUBTOTAL-OCTOBER 10,700 GRAND TOTALI 21,356 322 SISTER CITY 50TH ANNIVERSARY CELEBRATION Ad Hoc Planning Committee Report March 8, 2018 Committee Members: Council Members Erik Slater and Rissie Casagranda City Clerk Brenda Ballow The committee reviewed notes from previous discussions and emails received from Obihiro. Following is a summary: OBIHIRO VISITORS IN SEWARD The original schedule proposed in Seward's invitation to Obihiro was shortened, based on feedback received from Obihiro: • Wednesday, August 15 —Six Obihiro citizens arrive in Seward • Thursday,August 16—Rest day, possible light activities, possible dinner with council • Friday, August 17 — Obihiro citizens out on full day charter for Silver Salmon Derby; Obihiro Mayor, City Council President, and 3 city employees arrive in Seward • Saturday, August 18 — Obihiro citizens activity day, attend "Chef Off' event for dinner; Obihiro Mayor/President/employees rest day, attend "Chef Off' event for dinner • Sunday, August 19 — All Obihiro attend SSD Closing Ceremonies, possible other activities • Monday, August 20—All Obihiro activities • Tuesday, August 21 —All Obihiro depart Notes & Considerations • Obihiro has requested we provide an interpreter for the citizen group • Obihiro citizens will stay with homestay families in Seward • Mayor, President & city employees will stay in hotel at their own expense • There is no opportunity to have the visitors attend a city council meeting because the dates fall in between meetings • Due to the shortened visitation schedule, the budget has been revised 323 SEWARD VISITORS IN OBIHIRO Seward City Council had previously narrowed down two potential events to attend in Obihiro: October 7 Beef& Wine Festival, or late October Chrysanthemum Festival. Based on feedback received from Obihiro, the proposed schedule is: • Tuesday, October 23 —Arrive Tokyo in evening • Wednesday, October 24—Rest day • Thursday, October 25 — Fly to Kushiro in early morning, spend day visiting; in evening, either fly or take train to Obihiro • Friday, October 26--Chrysanthemum Festival starts in Obihiro • Saturday, October 27—Chrysanthemum Festival Opening Ceremonies • Sunday, October 28 —Obihiro Food Valley half marathon,big Halloween celebration • Monday, October 29--Depart Obihiro to US (LA/SF/Seattle) • Tuesday, October 30—Rest day in US • Wednesday, October 31 —Return to Seward Notes & Considerations • If Seward sends mayor/council, Obihiro wishes them to stay in hotel; if citizens, Obihiro will provide homestays • Unknown what the Obihiro city council meeting schedule is, so do not know if any formal presentations will be made 324 v T 00 •s co u J @ J J 00 fC v' b � 5 E ? a W o a a a .w a3ip Y = Q- ¢ �- c o `o oo -a v� Q awc wbo a o z ac ¢ 3 v 3 a.Z c O I :° V ~ •� c 3 I: o a mgs� z n rt,fl. OJ Ln v m0 � ° O m a i c0 O fa J .--! u f° a1 2 kO U m u m 0 p L .a ai N y" 2- ,ra CL iv E N M M �-� a O LL E Q mO N ° 3 CL C7 a C7 a�u V dJ Q p ro m m Er.4 r- O m 1- A Q C Q I, U L U In oa an Q a` Y ^ C C Q w a N O L Q a d O u U b1S � Q1 f0 QJ U aaj m L l9 T mO Ln 7 n3 G L QJ al on a a� 7 d al fV a LD m z ` E Q Ln 7 LU J a o a D LL o N 0 U_ N w Q +� C a D U v 00 Z w tL o H m U � 0 rn a� V D 0 J Q Cfl Q ra z Lu CO / / � 9 \ B � R § q \ V � ` & / A \ / \ < o = $ r / \ � g % m D /}o \ % 2 2 vi @ § G ) ) u ] \ � < ® k ( i ` m 2 ] , 2 2LA $ % E \ ko 06 / _ � « & ® _ u LM 7 2 7 ± \ 4 LW o _ � k = k � \ § \ ~ \ t ` \ �\ 12 2� / on co g e aj � - bo 2 � > - _ j \ § $ k \ < k \ 3 \ \ \ \ \/ 00 �14 9 � 9 \ / 2 / « m < c 2 u � _ 326 2018 5011 Anniversary Delegation Activity&Homestay Calendar CITIZEN GROUP MAYOR GROUP Citizen Mr. Ichiro Tanaka(75) Homestay Mayor Mr.Norihisa Yonezawa Hotel Seward Citizen Ms.Mika Ikeda(57) Homestay CC President Seiichi Ohishi Hotel Seward Citizen Ms.Motoko Natsubori(55) Homestay Staff Ms.Elaine Le Hotel Seward Citizen Kaori Fukaya(31) Homestay Staff Mr.Nobuyuki Mishina Hotel Seward OCIF Mr. Hidemi Numata(56) Homestay Staff Ms.Kyoko Abe Hotel Seward Staff Ms.Elaine Le Hotel Seward REPORTER Reporter I Mr. Ryunosuke Honda I Tokachi Mainichi Newspaper HOMESTAY SCHEDULE Wednesday Thursday Friday Saturday Sunday Monday August 15 August 16 August 17 August 18 August 19 August 20 Mr.Ichiro Tanaka(75) Lawrence Lawrence Lawrence Shoemaker Shoemaker Shoemaker Ms.Mika Ikeda(57) Lawrence Lawrence Lawrence Verhey Verhey Verhey Ms.Motoko Natsubori(55) Bardardson Bardardson Bardardson Verhey Verhey Verhey Kaorl Fukaya(31) Verhey Verhey Verhey Verhey Verhey Verhey Mr.Hidemi Numata(56) Lawrence Lawrence Lawrence Verhey Verhey Verney HOMESTAY FAMILIES FAMILY PHONE STREET CHILDREN PETS Vanessa Verney (907)362-3102 310 2"e Ave Seward,AK 99664 None 1 Dag Dot Bardarson (907)224-3131 Viking Drive off Nash Rd. None None Phyllis Shoemaker&Fred (907)224-6950 11945 Hummingbird Lane None Outdoor Animals Moore Nicole Lawrence (907)491-0778 1127 Cliff View Seward,AK 99664 None 3 dogs but not at cabin BRENDA BALLOU cell 907-362-0628 JESSICA FOGLE cell 907-43N-9473 cell Clerk's Office 907-224-4046 SISTER CITY 501h ANNIVERSARY VISIT TO OIHIRO, HOKKAIDO, JAPAN APPLICATION Applicant Name: Date: Address: Phone: E-Mail: Current Employer&Work Phone Number: As an applicant for this event, I understand and accept the following: • There are some financial obligations relating to travel and gifts that will be borne by me, regardless of the amount"gifted"to me by the city; and • I am at least 18 years of age; and • I am willing to accept the time commitment involved, including attending a mandatory orientation session prior to travel; and • There may be other scheduled activities sponsored by the City of Obihiro which require my future participation in order to promote the event; and • While in Japan, I will be living in a "home stay" environment with a Japanese family as their guest; and • The dates of this event will be approximately October 25,2018 through November 3, 2018; and • This event may also include an additional visit to Kushiro, Japan (Seward's Port City); and • While involved in this program, I will represent the City of Seward in the best possible manner. I also accept that my commitment in this exchange program further involves me to: • Provide the City Clerk's Office with at least five (5) photographs of my experiences in Japan, labeled with names and events, within two months of my return; and • Potentially share my experiences publicly by speaking at a community gathering, and/or writing an article about my experiences (possibly a joint effort with other participant) that may be distributed or published in a local newspaper; and • Review any materials provided by the City of Seward to familiarize myself with Japan and the area I will be visiting. I understand that the City of Seward does not cover medical or liability insurance for this exchange. I hereby waive on behalf of myself any liability responsibilities of the City of Seward for injuries or damages sustained in this exchange program. I also understand that medical, liability, and/or travel insurance are my responsibility. Signature: (Applicant) (Date) Page 1 of 3 328 1) What are your special interests as they relate to Japan? 2) What community activities do you currently participate in or have you participated in in the past that may be relevant to this event? 3) How well do you know the Japanese language and/or culture? 4) Why do you feel that you would be the best representative of Seward to go to Japan? 5) Do you have any potential conflicts with the proposed dates? 6) Depending on the dates of the stay, the cost of airfare could vary. Are you capable of partially or fully funding your travel? 7) Do you have a current,valid passport? Page 2 of 3 329 GENERAL INFORMATION Who can apply to be an exchange participant? • Any adult over the age of 18 may apply; however, applying to participate in this program does not guarantee selection. What happens after I submit my application? • The City Council will review all applications and make selections as soon as possible. • After selections are made, a member of the City of Seward will schedule a mandatory orientation meeting to help you plan for this adventure. • Some knowledge of the Japanese language is desirable, but not required. FUNDING What will you be responsible for? • Homestay families in Japan will provide accommodations and activities for you while you are in Obihiro, Japan. • You may be expected to cover your airfare, the cost of bringing gifts to your host families, and any other expenses you incur. APPLICATION DEADLINE All applications must be submitted to the City Clerk's office by 5:00 p.m. on Friday, September 21, 2018. QUESTIONS All adults interested in applying for the program or having questions should call the city clerk's office at (907) 224-4046 or send an email clerk@cityofseward.net. Page 3 of 3 330 AGENDA STATEMENT 16 Meeting Date: April 24, 2023 From: Brenda Ballou, City Clerk Agenda Item: Schedule the annual j oint work session with the Planning& Zoning Commission,the Port&Commerce Advisory Board,and the Historic Preservation Commission JUSTIFICATION: Per the City Council Rules of Procedure, Rule 35 (c)(1), "...the Council shall meet in a joint work session with the Planning [and Zoning] Commission in March of each year to discuss any areas of mutual interest." While not required, council has historically provided the same opportunity to Historic Preservation Commission and Port and Commerce Advisory Board. NOTE OF CLARIFICATION: For the sake of clarification,in January,2023,the city manager called a special meeting for council to discuss the roles and responsibilities of boards and commissions. A quorum of each board and commission was not required. In conference with the city manager,I learned the special meeting was not intended to replace this annual joint work session. PURPOSE: The annual joint work session has been a long-standing tradition and much appreciated opportunity for each board and commission to have direct contact and dialogue with council regarding their priorities and goals for the upcoming year. This exchange with council has been very beneficial to the work of each board and commission. RECOMMENDATION: Schedule a joint work session with the Planning and Zoning Commission,the Port and Commerce Advisory Board, and the Historic Preservation Commission in May to discuss any areas of mutual interest. Potential dates to consider: May 8tb or May 22nd Potential schedule to consider: Historic Preservation Commission 5:00 - 5:30 p.m. Port& Commerce Advisory Board 5:30 —6:00 p.m. Planning& Zoning Commission 6:00 —6:45 p.m. 331 MEMORANDUM Meeting Date: April 24, 2023 From: Kris Peck, Deputy City Clerk Agenda Item: Verifying Timely Receipt of Annual Financial Disclosure Forms This memo is to inform you that all Financial Disclosure forms for City Council,the Planning and Zoning Commission, and the City Manager were received by the city clerk's office in a timely manner. The Financial Disclosure Forms cover the calendar year from January 1 - December 31, 2022. The City Clerk's office maintains the original forms on file for six (6)years,per the city's records retention schedule. The forms received included: City Manager Seward City Council Seward Planning and Zoning Commission Janette Bower Sue McClure, Mayor Clare Sullivan, Chair John Osenga, Vice Mayor Vanessa Verhey, Vice Chair Liz DeMoss Nathaniel Charbonneau Mike Calhoon Victoria Monaco Randy Wells Brenan Hornseth Kevin Finch Troy Staggs Robert Barnwell Sean Ulman 332 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 2:OOpm PACAB Special Municipal 12:OOpm PACAB Ad Hoc Com Election _JYlxg... Mtg(Funding 7:OOpm Heat Loop Rescheduled- Project- P&Z Meeting Gateway Hotel (Rescheduled y....9) 7 8 9 10 11 12 13 7:66pm CC Mtg 7:OOpm P&Z Mtg 6:OOpm HPC (Council (Rescheduled Work Session ........... (Rescheduled JMMAPELial PCetg7:OOesM Rm 14 15 16 17 18 19 20 6:OOpm 12:OOpm PACAB Rescheduled P&Z Work Session (Rescheduled 21 22 23 24 25 26 27 7:OOpm CC Mtg 6:OOpm P&Z C.ha.mbers) Work Session (Rescheduled from May 16) 28 29 30 31 Jun 1 2 3 Holiday y... Council Calendar 1 4/20/2023 2:07 PM 333 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 7:00pm P&Z Meeting 11 12 13 14 15 16 17 7:00pm CC Mtg (Council 18 19 20 21 22 23 24 6:00pm P&Z Work Session n (Council 25 (7:00pm 27 28 29 30 Jul 1 CC Mtg C.ha... Council Calendar 2 4/20/2023 2:07 PM 334 July 202 July August 2023 v{ SuMo TuWa Th Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 25 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 Holiday- Independence y 9 10 11 12 13 14 15 7:00pm CC Mtg LttZ ](Council 16 17 18 19 20 21 22 6:00pm P&Z Work Session n (Council 23 24 25 26 27 28 29 7:OOpm CC Mtg C.ha.mb.er. 30 31 Aug 1 2 3 4 5 Council Calendar 3 4/20/2023 2:07 PM 335