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HomeMy WebLinkAbout01222024 City Council Packet Seward City Council Agenda Packet i 7v i 1 � - F � y L i � r .y -+ T ^�x ION Photo by Kris Peck Mond,qvJanuary22 2024 � City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska An-AmF.�.e 3.i CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Mayor Sue McClure Council Member Kevin Finch City Manager Kat Sorensen Vice Mayor John Osenga Council Member Robert Barnwell Dep. City Manager Jason Bickling Council Member Mike Calhoon Council Member Julie Crites City Clerk Kris Peck Council Member Randy Wells City Attorney Sam Severin Monday,January 22,2024 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 listed under Item 7. Consent Agenda items are not considered separately unless a council member requests an item be returned to the Regular Agenda.) 6. SPECIAL ORDERS, PRESENTATIONS,AND REPORTS A. Proclamations and Awards 1) Recognizing Liz DeMoss for her service on City Council from October 2020 to October 2023 B. City Manager Report..........................................................................Pg. 5 C. City Clerk Report...............................................................................Pg. 27 D. City Attorney Report—None E. Other Reports and Announcements 1) Seward Chamber of Commerce Reportby Samantha Allen.........................Pg. 28 2) Seward Senior Center Report by Dana Paperman 3) Kenai Peninsula Borough Assembly Report by Cindy Ecklund F. Presentations-None 7. CONSENT AGENDA A. Minutes of Preceding Meeting 1)*Approve the January 8, 2024 City Council Meeting Minutes........................Pg. 31 City Council Meeting Agenda January 22,2024 11 P a g e B. Introduction of Ordinances 1) *Introduction of Ordinance 2024-001: Approving The Land Use Amendment To Rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, Located At 905 Sea Lion Avenue, From Institutional (INS) Zoning District To An Auto Commercial (AC) ZoningDistrict..............................................................................Pg. 37 2) *Introduction of Ordinance 2024-002: Approving The Land Use Amendment To Rezone Mount Alice Estates Planned Unit Development,Phase 1,Lots 1-11 And Tracts B-D, Located At 1303 Nash Road, From A Resource Management (RM) Zoning District To A Multi-Family Residential(R3)Zoning District.........................Pg. 48 3) *Introduction of Ordinance 2024-003: Amending Seward City Code 15.10.226(C) (7)- Requirements For Mobile Vendors.................................................Pg. 62 4) *Introduction of Ordinance 2024-004: Amending Seward City Code 7.20- Cemeteries and Burials...................................................................Pg. 74 C. Resolutions 1) *Resolution 2024-004:Authorizing The City Manager To Apply For A Loan With The Alaska Department Of Environmental Conservation-Drinking Water Fund For $1,905,000.00 With A Forgiveness Of $1,500,000.00 Leaving A Balance Of $405,000.00 To Be Funded By The City Of Seward For The Lowell Canyon Water Tank Replacement And Appropriating Funds..........................................Pg. 87 2) *Resolution 2024-005: Amending Resolution 2023-140 To Correct Section 2. Funding......................................................................................Pg. 93 3) *Resolution 2024-006: Requesting The State Of Alaska Legislators Make A Meaningful Increase To The Base Student Allocation (BSA) For Public Schools.....................................................................................Pg. 100 4) *Resolution 2024-007: Approving The Planning And Zoning Commission Priorities For January 2024 To January 2025....................................................Pg. 105 D. Other Items—None 8. PUBLIC HEARINGS—None 9. UNFINISHED BUSINESS—None 10. NEW BUSINESS A. Resolutions B. Other items 1) Non-Objection to the renewal of the marijuana license for the Tufted Puffin LLC Retail Marijuana Store 917758...................................................................Pg. 111 City Council Meeting Agenda January 22,2024 2 1 P a g e 2) Non-Objection to the new application for Onsite Consumption Endorsement for the Tufted Puffin LLC Retail Marijuana Store 936580 (Compliance Memo will be provided as a Laydown City Clerk) 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes 1) Planning & Zoning Commission a. November 7, 2023 Approved Meeting Minutes..................................Pg. 117 2) Port& Commerce Advisory Board a. November 1, 2023 Approved Meeting Minutes..................................Pg. 122 3) Historic Preservation Commission a. August 24, 2023 Approved Meeting Minutes....................................Pg. 127 b. October 19, 2023 Approved Special Meeting Minutes..........................Pg. 130 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—None 15. ADJOURNMENT City Council Meeting Agenda January 22,2024 3 1 P a g e January 22, 2024 City Manager Report Page 1 of 8 City Manager Report January 22, 2024 City Manager's Office: We've been busy at City Hall with a variety of projects and meetings as we start 2024. Here are a few of the highlights since our last Council meeting from City Admin and the individual departments as well. • Met with experts on the Chugach Electric Rate Case • Discussed local housing opportunities and education/child care in the Seward area • Began creating a detailed social media calendar for the city • Checked in with the Electric Department on their needs • Met with the AK Railroad to discuss upcoming projects and necessary permits • Attended the Alaska SeaLife Center board meeting on January 1 Department Order Date Vendor Descriptlon Arrourtt''. HAR80R GENERAL 1/09/2024 MADD0X ELECTRIC PY24 OPEN PO FOR ELECTRICAL SERVICES.BY THIS PO INVOICES MUSTWCLUDE DATE 10,000,00'.. ITEMIZED DESCRIPTION OF ITEMI AMOUNT(5)PO EXPIRE512/31/24;NO SINGLE INVOICE MAY EXCEED$1,000 ON OPEN PO HARBOR GENERAL 1/09/2024 WAXIE SANITARY SUPPLY FY 24 Janitorial supplies for all the harbor and SM IC restrooms including potential increase 11,000.00 of restrooms at SMIC_ SEWER 1/09/2024 LEMAN P E.LOREN D Annual PO 2024:Wastewater Department En lneerSerryiCes 15,000,00''. SMIC SEWER 1109/2W4 LEMAN P E,LOREN❑ Annual PO 2024:Wastewater SMIC Department Engineer Services 15,000.u0''. ELECTRIC AOMIN 1/09/2024 ALASKA P0WER ASSOCIATION 2024-ACTIVE MEMBER DUES 24,011.0'. ROADSANDSTREETS 1/09/2024 METC0ALASKALLC Annual PIC)2024,WinterStreets Department Sand Operating Supplies 25,000-00'. SVAC 2109/2024SEWARD VOLUNTEER AMBULANCE CORPS FY2024CVPFundsAllocatedandLongevityPayfurVolunteerAmbulanceCorp.PerscrInel. 30,000,00''. Pg.73 in Budget Book. HARBOR GENERAL 1/09/2024 INGERSOLL ENTERPRISES FY24 Janitorial sendces January thru May&October thru December,line thru September. 37,880.00 This includes the uplands restrooms whlCh is nom stayingopen year roundl2/3112024 VOLUNTEERS 1/0912024 SEWARD VOLUNTEER FIRE DEPT FY 2024 Volunteer Fire Fighter Stipend and Longevity Pay. Page 71 of the Budget Book. 38,801 Electric: • The City continues to move closer to an agreement with Matanuska Electric Association (MEA)to provide management support for Seward's Electric Utility. Unfortunately, our in person meeting on Jan. 15 was rescheduled due to travel issues. MEA personnel will visit Seward and meet with City and electric department personnel on January 23 to review operations and visit utility facilities. While there have been some hiccups on timing, we're still excited about this opportunity and navigating all the moving parts that it entails. Finance • Working with Utility Assist. on implementing and mapping the City billing process, Utility Assist went live on 9.11.23, and the conversion process of the outsourcing is moving smoothly. Incorporating workflows with the Finance department. • We are currently with Utility Assist on year-end procedures for collections for delinquent accounts. The City will work with Cornerstone on the collection program to collect old outstanding balances. • The finance department assists with information and analysis of the ongoing water/sewer rate study. • New rates for all services will be coming into effect Jan 15, 2023. 5 January 22, 2024 City Manager Report Page 2 of 8 • The finance department and the Carmen Jackson team continue to work on utility billing issues and resolve old problems identified through internal city audits. Carmen Jackson Update and Annual Audit: • The Carmen Jackson team continues to work closely with the finance department to assist with the Util-Assist transition and directly assist with the billing process until the outsourcing is complete. • CJCPA continues to provide ongoing accounting services on a daily basis and continues to assist with high-level finance department operations. The Carmen Jackson team,the finance department, and the administration continue to review the fiscal manual and portions of the City code with financial implications as part of the overall updates to policies and procedures. • Assist the Finance Department in account reconciliation,journal entry review, and analysis workflows in preparation for audit FY23 in conjunction with Altman Rodgers and Co. firm. • Altman Rodgers Co. will perform our annual audit on April 8, 2024. Harbor: • We're in the final stages of the land acquisition by the Coast Guard across the bay. We're working with the title company at this point. • The sale of 4JBC is final and we are going to use the funds to add more electric pedestals in the SMIC boat yard. Stay tuned for more information. • The Harbor Crew prepared for the Polar Jump and will be there to make sure no one slips, trips, or falls! The event was a success! • See the Coast Guard vessel schedule below, nothing new as of 1/12/2024. o Seward FRC Homeport (FY2019 MASI/ $LOM;Anticipated FY2024 MASI/ $42 : o Scope: Acquire real property and complete NEPA for future FRC homeport. o Status: CEU Juneau obligated funds on 25 Aug 2023 to purchase a 1.5-acre parcel at the Seward Marine Industrial Center(SMIC) for future waterfront improvements. o Mar 2024: RFP package to contracting. o Apr 2024: Design/Build solicitation released. o Sep 2024: Contract award. o Projected Construction Completion Date (CCD): September 2026 o Notes: Construction pends funds appropriation which is anticipated in FY2024. 6 January 22, 2024 City Manager Report Page 3 of 8 Parks and Recreations • Sports and Recreation Updates: Sports and Rec has kicked off the new year with a great turnouts at Puzzle Night (40 people), Indoor Soccer on Wednesday nights (over 40 people) and Kid's Night (27 kids) on Saturday January 6th in which we had some cookie decorating. The first Archery class came to an end with lots of balloon pops and the new four week class is starting right up on January 16th. The Polar Bear Skate and Carnival Night was on Saturday January 13th. Proceeds from the event will help support the Polar Bear Jump and their fight against cancer. Urbach's League is starting back up. We are looking for volunteer coaches and referees. Signup at seward.recdesk.com. And lastly we have a couple for workout classes starting on January 16th. One is for high school students while the other is for adults. • Campground reservations opened January 15th for the upcoming summer season. They opened successfully with no major glitches and reservations are rolling in. • Park Maintenance is working on taking down all the Christmas lights and getting picnic tables ready for the season. • We've scheduled staff training for the UpSafety parking software. Fire: • We would like to welcome Tyler Mallory as our new Fire Marshall. • Firefighter 1 class will wrap up on January 27, then to Haz-Mat class, then ETT to EMT bridge class! 2024 TYD Statistical Information., 41# Fire&Life Safety Inspections: 1 with 4 violations noted. Emergency Calls: 18 New Building Permits Issued 2024: 00 Y with a total construction valuation of 500.00 ------------------- 7 January 22, 2024 City Manager Report Page 4 of 8 Public Works: • Snow Avalanches on Lowell Point Road and Nash Road hillside are on the uptick. We have been fortunate this year so far on Lowell Point Road but have already cleared more snow avalanches on Nash Road than in most prior year • Sander truck repairs must be done with the shop door half open as the sand truck with the plow is too long and doesn't fit into the shop. We are really looking forward to building the new Public Works Facility that allows for all equipment to be serviced fully inside. 1pa­ a y µ Z . . ��.. ■ r. Police: • There is an upcoming spay/neuter clinic that Shelli from the Animal Shelter has been working on. The public from the Seward area is welcome to join Moose Pass residents for this opportunity from March 21 to March 24 at the Moose Pass Fire Station. • The Seward DMV is now a certified non-commercial driving school and can take care of all license needs. • A new artistic license plate is about to become available soon, so if you're in the market for new plates check it out at the DMV. • The police department has filled its final opening in the dispatch division and looks forward to getting our new employee trained and serving the community. 8 January 22, 2024 City Manager Report Page 5 of 8 • Warning! We are starting citations for people parking on the sidewalks.Angle yourselves more sharply or find another spot to park your long vehicles,please. People still have to be able to use the sidewalks. • The Police Department and Shauna Potocky have partnered on a campaign for bear awareness and education. We will be circulating stickers and other merchandise soon featuring the fine artwork of Ms. Potocky and we hope to get a new drive going with other local partners for a new round of bear-proof trash cans for the community in the hopes of preventing unnecessary bear deaths. Look for the first round of stickers at the Polar Plunge, officers will be present with stickers to give out. IT: • We are continuing work in the police department in preparation for new servers and networking equipment install. • Working with police and fire to setup and test the auxiliary dispatch station at the firehall. • Working with the Harbor to develop and submit our Cyber Annex cybersecurity and incident response plan to the coast guard. • Tech Tip—If you receive an email with an unusual and urgent request claiming to be from one of your contacts. Review the email and look for flags that indicate it is fake. Verify the email is correct, not just the senders name. Then reach out to that person directly via phone\text, or start a new email to a known good address and have them and verify the request. Community Development: • The Planning and Zoning Commission approved a preliminary plat and rezone for the property located at 1303 Nash Road. • A CUP for a Planned Unit Development for the portion of the property south of Nash Road(located at 1303 Nash Road)was postponed by the Planning and Zoning Commission in order to hold a work session on January 23rd to discuss appropriate conditions. • Courtney Bringhurst will be attending a meeting on January 23rd with Trout Unlimited to discuss the next steps for Trout Unlimited's National Fish and Wildlife Foundation Project, "Advancing Community Plans to Address Climate Change and Improve Salmon Habitat in Seward, Alaska." Seward Community Library: • Operating Hours: We have been operating longer hours and have received positive feedback from the community. To efficiently close the library, we have posted on social media and signage throughout the library that we will lock the doors 15 minutes prior to closing each day. This will allow staff the opportunity to assist the patrons already in the building and effectively complete closing. 9 January 22, 2024 City Manager Report Page 6 of 8 • Staffing: All permanent staff positions have been filled. We are finishing up the last few interviews for the final seasonal aide position. The new staff are learning a lot and absorbing it quickly, it's exciting to see their positive energy and willingness to go the extra mile to meet the needs of our patrons. • Patron Statistics (Jan 3rd—Jan loth): Over a span of 6 working days, we served a commendable 2271 patrons, averaging 378.5 visitors daily, that is an increase of 91.5 patrons a day. We facilitated 10 events during this period. • Educational Collaborations: We will be meeting with new employees from the Sealife Center to discuss potential joint programs and projects. • Passport Processing: I have begun processing passports again and our schedule is filling up each week. • Programs: We had 2 successful programs that ended last month with the end of the year. • Japanese Writing/Alphabet and Knitting for beginners. Both brought in a wide variety of participants. It was exciting to see them all learn together and complete projects. Below you will find some of the photos. • I have begun finalizing the collaboration with business, organizations, non-profits, and government agencies participating in the 2024 Summer Reading program. This year's program will build on the prior years success by adding a program targeting middle school students and focusing on STEM enrichment in our community. This is a population base that we have not been able to entice into programs previously, so we are excited to see what the summer brings. If you have any ideas or know how you can help build this program,please feel free to reach out to me. • PLA: I received a $750 travel stipend from the Public Library Association to attend the 2024 Conference. • Inter-Library Loan: In the first week of December, I was notified by another Alaskan library that Seward's Interlibrary Loan (ILL)program was temporarily suspended. This meant that while we were not able to send out books on loan, our patrons were still allowed to receive inter-library loans. Upon learning of this, I promptly reached out to Kat to address the situation. Today, I received a call from Margaret Hatty at the Alaska library catalog, who informed me that they were removing Seward patrons from the ILL program. She mentioned that our library had requested the temporary hold over a year ago. I expressed my concern and conveyed my desire to lift the hold on our participation, emphasizing the importance of maintaining our patrons' ability to use the ILL system. Losing access to this service would have a significant negative impact on our patrons. 10 January 22, 2024 City Manager Report Page 7 of 8 Margaret agreed to collaborate with me, allowing us to continue our membership in the program. I have already scheduled some training sessions, and they are exploring the possibility of conducting additional staff training at our location. My goal is to diligently address the issue and restore reciprocal services through the ILL program. Fresh faces at the library: Cara Schaefermeyer(L), Robin Bracken (R) Museum: This month witnessed significant process in various curatorial aspects, contributing to the overall growth and development of the Seward Community Library & Museum. The Curator and the Exhibits and Collections Committee team focused on exhibit planning, collections management, and research initiatives. Collections Management& Care There are new acquisition highlights to share. The Collections Committee agreed to take in 38 new artifacts for review and accept them into the collection. Notable acquisitions include Urbach's Store items and Souvenir Plates featuring Rockwell Kent artwork. In response, the team will deaccession one item in adherence to the Museum's deaccession policy. The Museum received three record storage boxes containing documents,photos, and correspondence about the Jesse Lee Home (1926-1964). The Curator is conducting a regular condition assessment and has begun processing material. Within the Museum's collection is a tape cassette of an interview with a primary source who worked on WWII Facilities in Seward during 1941 and 1942. The team agreed to convert the cassette into a digital file and is sending the tape to Anchorage. Ongoing Exhibitions: • Polar Bear Jump Window Display: History of Seward's Polar Bear Jump. On display until February 3rd. • Dancing into a New Era: A glimpse into Seward's Nobby Club, a post-World War 11 jazz and swing dance club on Fourth Ave. Begins January 20th through March 2nd. Upcoming Exhibitions: 11 January 22, 2024 City Manager Report Page 8 of 8 • Quest for Recreation: An exhibit highlighting games and recreational activities offered in Seward throughout the decades. The Collections Committee will meet in January to finalize objects for display and design. • The Museum is exploring ways to plan an exhibit that will present a vivid tapestry of Seward WWII stories, artifacts, and historical accounts during the years of global conflict. While utilizing research platforms, community outreach, and social media, the team is seeking to acquire more photos and stories. • Recently, the Curator reached out to the Seward House Museum's Director of Collections to acquire more information on a photograph in the Museum's collection of William H. Seward and his daughter, Fanny. They determined the year the photo was taken and the exact photographer/studio in Auburn, NY. This photo is now hanging in the main lobby of the Museum. 12 A= Central Treasury Report, November 30,2023 Cash and Investments 2022 2023 Wells Fargo Checking 15,315,914.28 10,427,754.31 Wells Fargo Payroll 0.00 0.00 Clearing Account 0.00 0.00 Undeposited Funds(Cash in Transit) 3,337.90 11,578.67 Investments 42,822,336.65 44,368,685.63 58,141,588.83 54,808,018.61 By Fund: Fund Name Fund Number General Fund 01000 10,367,682.21 12,911,881.65 Teen Council Agency Fund 02000 6,070.51 6,213.18 Motor Pool Internal Service Fund 03000 2,490,524.30 2,273,191.59 Compensated Absences Fund 03100 465,144.79 500,180.86 Harbor Enterprise Fund 11000 999,981.08 (333,778.81) Harbor MRRF Fund 11001 790,192.56 893,422.56 Harbor Passenger Fee Fund 11002 1,130,571.30 1,003,394.65 Harbor CPV State 11103 1,604,354.49 1,697,731.87 Harbor CPV KPB 11113 216,741.98 (852,239.02) NE Harbor Launch Ramp Renovation Project-City 11422 2,916.67 (2,083.33) NE Harbor Launch Ramp Renovation Project-State 11423 0.00 0.00 G,K&L Floats City 11430 (1,142,621.23) 679,243.62 G,K&L Floats State 11431 108,068.88 (22,481.12) Cathodic Protection Project 11440 13,679.80 13,679.80 SMIC Enterprise Fund 12000 329,617.33 546,307.97 Parking Enterprise Fund 13000 540,396.54 869,495.87 Electric Enterprise Fund 15000 7,672,113.65 4,706,828.33 Electric MRRF Fund 15001 957,301.76 957,301.76 Electric Critical Infrastructure Fund 15340 2,062,447.40 (5,306.33) Electric Nash Road Infrastructure Project 15351 4,797,093.46 1,242,256.57 Water Enterprise Fund 17000 2,217,657.38 2,528,968.85 Water MRRF Fund 17001 852,572.15 852,572.15 Water ARPA Fund 17100 577,195.00 434,079.36 Lowell Canyon Water Storage Tank 17330 222,914.29 222,914.29 Wastewater Enterprise Fund 18000 2,532,705.31 2,768,937.73 Wastewater MRRF Fund 18001 742,025.05 742,025.05 Wastewater ARPA Fund 18100 577,195.00 473,241.90 Hospital Enterprise Fund 19100 849,000.61 1,341,284.73 Healthcare Facilities 19102 927,284.17 927,284.17 Seward Mountain Haven Enterprise Fund 19200 10,551,902.36 12,499,732.97 Seward Historical Tour 30016 349.00 349.00 SCHC-City Funding 30040 0.81 0.81 Bus Transportation-CPV Funds 30051 0.00 678,165.25 Erosion Fund 30070 2,150.00 2,150.00 Capital Acquisition Fund-City Funding 80010 1,391,673.44 634,734.02 Animal Shelter 80015 174,464.91 68,005.03 Streets&Sidewalks-City Funding 80020 74,554.09 74,554.09 Energy Efficiency-City Funding 80040 93,784.69 93,784.69 Developer Reimbursement Program 80071 923,814.90 1,801,233.18 ARPA-LGLRR 80084 1,806,416.27 1,578,759.67 JLH-City Funding 80090 211,651.92 0.00 Total Pooled Cash and Investments by Fund 58,141,588.83 54,808,018.61 Note: *The above is the pooled cash balance of each fund,which simply represents the amount of available cash held by each fund.This differs from the fund balance in that the fund balance also considers the fund's current assets and liabilities. Preparelb3Finance AM City of Seward,Alaska. Central Treasury Report 11.30.23 The attached Central Treasury Report provides the unrestricted cash available by fund as of November 30, 2023. The intent of this report is to provide transparent financial information to the public. These amounts fluctuate on a daily basis and are reconciled every month; however, these numbers are not audited. The amounts reports on the agenda statement items for the council represent the available fund balance/net assets for the impacted funds. This is a longer- term perspective that takes into account the assets and liabilities of the fund, which results in different numbers than the Central Treasury Report.Any funds with negative cash on the Central Treasury Report are either waiting for funding for expenses already paid or are in the process of being closed out, where the City is required to expend the funds prior to requesting reimbursement for expenditures; negative cash for a fund does not represent a problem with operations. For example, when the City conducts repairs following a major disaster declaration, it can take multiple years before the City receives reimbursement from FEMA for its costs. Funds in Negative balance: • Fund 11113 Harbor CPVKPB—Res.2023-066 Funding for Seward City Tours Services. The City will receive funds from CPV KPB • Fund 11422 NE Harbor Launch Project City Funding—Res.2022-072 City spends $1,573,162.80. • Fund 11431 G, K& L Floats State Funding—Res.2021-113. The city will be reimbursed from the State Grant. • Fund 11000 Harbor—The fund has an increase of the receivable of$1,019,992 due to the billing for the moorage for next year. • Fund 15340 Electric Critical Infrastructure Fund—The fund will be true up at the end of the project due to appropriations through resolutions and change orders. This fund was funded from the Electric 2022 bond. If you have questions or require additional information,please feel free to contact Finance Director Sully Jusino at(907)224-4059, or by e-mail at sjusino@cityofseward.net. 14 City of Seward-Human Resources Manager Report Staffing Information #of Department Job Title Positions Filled Administration City Manager 1 1 Deputy City Manager 1 1 Human Resources Manager 1 1 Executive Assistant 1 1 TOTAL: 4 4 Finance Director 1 1 Deputy Finance Director 1 1 Senior Accountant 1 1 Accounting Technician III 1 0 Accounting Technician II 1 1 Accounting Technician-Utilities 2 1 Accounting Tech Payroll 1 1 Accounting Tech Accounts Payable 1 1 TOTAL: 9 7 Public Works Director 1 1 Street Foreman 1 1 Maintenance Mechanic 3 3 Public Works Technician 1 1 Shop Foreman 1 1 Water and Wastewater Foreman 1 1 Water and Wastewater Operator 3 3 Building Maintenance Technician 2 2 TOTAL: 13 13 Community Development Director 1 1 Planner 1 1 Executive Assistant 1 1 TOTAL: 3 3 Electric Director 1 0 Operations Supervisor 1 0 Field Engineer 1 1 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 8 Fire Department Chief 1 1 Deputy Chief 1 1 Executive Assistant 1 1 Building Official 1 1 Fire Marshal(Building Fire Inspector) 1 1 Firefighter/EMT 1 1 Seasonal-Summer Laborer 1 1 TOTAL: 7 7 Harbor Harbor Master 1 1 Deputy Harbor Master 1 1 Office Manager 1 1 Executive Assistant 2 2 Harbor Worker II 6 6 Harbor Worker III 1 1 Seasonal-Summer Laborer Part-Time 1 0 Seasonal-Summer Laborer Full-Time 1 0 TOTAL: 14 12 IT Director 1 1 Senior IT Tech 1 1 IT Technician 1 1 TOTAL: 3 3 Library Director 1 1 Deputy Library Director 1 1 Library Technician 1 1 Curator 1 1 Library Aide 1 1 Seasonal-Aides 2 1 TOTAL: 7 6 Police Chief 1 1 Deputy Chief 1 1 Sergeant 1 1 Patrol Officer 7 5 Patrol Officer not funded 1 0 Executive Assistant 1 1 Corrections Sergeant 1 0 Corrections Officer 4 1 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 18 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 9 0 Seasonal-Winter 8 3 TOTAL: 24 10 City Clerk's Office City Clerk 1 1 Deputy City Clerk 1 1 Executive Assistant 1 1 TOTAL: 3 3 Total number of authorized positions: 124 Total number of filled positions: 94 15 +1 O N N -4 O O N -4 N O O O .--i O N n N N M � O N N N N N O N N N N N l0 +1 N N N N LO I" N N O N N N N N N N LO M N O O N N N O O N N N N N N N , i CD N N N Ln � >2 N N >2 >2 N N >2 N M M N N O LO O O Ln Ln N Ln Ln N N N N l0 LO 2 2O > > > Z > M M N N , i co LO N N N N N N N N N N N LO ' Ln Ln Ln W n Z > Z N N N l0 l0 + i In In Ln 10 In,Ini Ini In Ini 'n O N N N N N Z > > > >- d N N N LO M m LO In Ln Ln O O O '� N N N O 010 Z Z Z Z Z N N N co ( N M N N LO Ln Ln to W N L N N Ln Ln N N O N N N N N N N O N N N N N N N O O O q i W � O E F E N E O rip o O U O O +, �O 0 10 OC . U 'In , ( » U2ao - O ra m2 rp rp N N GREATER GOOD GOOD FREE VACCINES INCLUDED WITH SURGERY! CHRRITIES FIX FREE SPRY/NEUTER FOR 10CRI PITSIN March 21 -24, 2024 Moose Pass Fire Station - 35390 Seward Hwy, Moose Pass, AK 99631 Registration and drop-off will begin on site at 7:30 am and will continue until 10 am, or until capacity is met. • All patients will be registered on a first come, first served basis. • For your safety and the safety of others, please follow i all posted placards at the clinic site and remain in your -- car the entire time. • All pets must be at least 2 Ibs and 2 months old. • If you have a secure kennel for your dog please bring it with you. • Cats must be in secure carriers or traps with a useable door. Only one cat is allowed per carrier. ` Please call the number below if your pet is currently nursing. We will provide pick-up information at the time of drop- off and written discharge instructions when your pet is discharged. • If your pet has been vaccinated in the last year, please bring proof of vaccine. For more information contact: 907-491 -0000 PLEASE NOTE: All cats receiving services will be ear tipped to demonstrate sterility status — no exceptions. 17 To: The Honorable Sue McClure The Seward City Council Kat Sorensen, City Manager Jason Bickling, Assistant City Manager Shannon Thorn, Executive Assistant From: Sebastian O'Kelly, Genevieve Cowan, Brad Gilman & CJ Zane Re: Washington Report Date: January 16, 2024 FY 2024 Appropriations Just before Thanksgiving, Congress agreed to a two-part Continuing Resolution"CR"to keep the government funded for several agencies through January 19; and to February 2 for the remaining agencies. The House& Senate Congressional leadership from both parties have now agreed on "top-line" FY 2024 funding levels which will pave the way for negotiations on individual appropriations bills. Those negotiations will still require additional time so another CR is under consideration by Congress to extend those two dates to March 1 and March 8, respectively. This CR will be considered later this week. The House Transportation, Housing &Urban Development Appropriations Bill includes $500,000 in HUD Economic Development Initiative funding for the heat loop thermal energy project. Rep. Peltola made this project request. It is pending as part of the negotiations on final FY 2024 appropriations legislation. FY 2025 Appropriations —Congressionally-Directed Spending (CDS) Proiect Requests The FY 2025 appropriations process will get underway soon. We will handle completion of the online forms used by Senator Murkowski and Rep. Peltola to solicit CDS requests and will submit the Federal priorities encompassed in the City's 2024 Legislative Priorities information packet. Though FY24 funding is delayed, we expect FY25 forms to be online toward the end of February/mid March. Infrastructure Grant Opportunities Here are some recent Federal agency infrastructure opportunities that have come out along with links to grant applications. • MARAD Port Infrastructure Development Program: $650 million in 2024 PIDP grants are available. Grant application deadline is April 30. Separately, Congress has amended the PIDP's authorizing law to direct it to give greater consideration to port infrastructure projects that benefit seafood-dependent ports, including loading/unloading of fish, seafood processing, and cold storage. 18 • DOT RAISE Grants: $1.5 billion (50 percent rural set aside, 80/20 cost-share)is available with a deadline of Feb. 28—RAISE Grant Info • DOT Bridge Replacement& Planning Grants: A total of$9.7 billion is available. There are a series of rolling deadlines over the next two years, with the Feb 19 for planning grant and March 19 for construction-ready projects—Grant Info • EPA Environmental and Climate Justice Community Change: $2 billion is available for community-driven projects to address environmental and climate challenges in communities facing disproportionate and adverse health,pollution, and environmental impacts, and suffering from generations of disinvestment. Applicants must be partners, for example, a local government in partnership with a tribe and are due Nov. 1 —EPA Program Info • USDA Community Connect Broadband Grants: $80 million is available with applications due Feb. 20—Broadband Grant Info Fast Response Cutter (FRC) Infrastructure Funding The FY 2024 Senate Homeland Security Appropriations Bill includes $25 million for FRC infrastructure funding in Seward while the House bill has no funding. We have reminded all three Delegation offices of the funding's importance to timely FRC homeporting in Seward. The funding is pending as part of the negotiations on final FY 2024 appropriations legislation. Fisheries & Oceans • Trident Seafoods Proposed Sale of AK Processing Plants—Citing market conditions, including low prices, declining demand, excess supply and foreign competition, Trident Seafoods has announced that it is seeking to sell its seafood processing plants and support facilities in in Kodiak, Ketchikan, Petersburg, False Pass, Naknek and Chignik. • Biden Administration Restrictions on Russian Seafood Imports into the U.S. -- On December 22nd the Biden Adminstraton added further restrictions to prohibit Russian seafood imports into the U.S. The Alaska Congressional Delegation was pressing hard for added restrictions. The Administration amended E.O. 14068 (which prohibited direct Russian seafood exports into the U.S.)to also include the importation of Russian seafood products processed outside Russia and exported to the U.S. by a third country. The Department of the Treasury is expected to publish a list of specific seafood products covered by this executive action in early 2024. • Heart of the Ocean "PRIME"Alaska Marine Sanctuary--Back in a July 2023 hearing on the NOAA budget and in response to a question from Senator Sullivan, NOAA Administrator Spinrad stated that the agency has "no plans to initiate the designation process." for the HOA proposal. In December, NOAA staff reiterated that the agency has no plans to proceed with formal designation. 19 • Crab Fisheries Disaster Relief—We are still awaiting OMB to approve the Red King Crab and Snow Crab 2021-2022 funding plan. After that the plan goes to the Pacific States Fisheries Commission (PSMFC) for funding distribution. Direct payments will be able to go to AK local governments to replace lost fish tax revenues provided the State of Alaska includes those foregone revenues in its expenditure plan. NOAA is reviewing a disaster declaration request for the 2023-24 Bering Sea Snow Crab fishery. • SIMP Expansion Rule Withdrawn -- On November 14, 2023, NOAA Fisheries announced it would withdraw its Seafood Import Monitoring Program proposed rule and will conduct a broad program review to enhance and strengthen the program's overall impact and effectiveness, including a review of the current program covering the existing 13 species/groups. As part of the review process, NOAA is hosting a series of public listening sessions to solicit feedback from stakeholders. • North Pacific Right Whale Critical Habitat: hi response a petition from the Center for Biological Diversity and Save The North Pacific Right Whale, NOAA is considering expanding ESA critical habitat for the North Pacific Right Whale (NPRW)which could lead to future restrictions on vessel traffic, speed and fishing activity (including pot gear fisheries to reduce the possibility of whale entanglements) in the region. • NOAA To Revise National Standard Guidelines for 4, 8 & 9 -_As you will recall from our last DC report NOAA is considering revising the implementing guidelines for National Standards 4 (allocation), 8 (impacts to communities), or 9 (bycatch, including "practicability" standard), of the Magnuson-Stevens Fishery Conservation and Management Act(MSA). The Agency had issued a Notice of Proposed Rulemaking (ANPRM) on May 15th (See 88 FR 30934)to take comments from interested stakeholders to help decide if revisions are necessary. In December NOAA staff indicated they are currently reviewing comments received on the ANPRM and intend to proceed with a Proposed Rule in spring 2024 that could include a formal definition of the term "practicable" as it relates to bycatch. There will be opportunity to offer public comment at that time. • FISHES Act Update -- In October 2023 the House Natural Resources Committee held a legislative hearing on several bills including H.R. 5103 --"Fishing Impacts to Streamline untimely Regulatory Hurdles Post Emergency Situation Act" (FISHES Act; H.R. 5103)to put a statutory timeline requirement of 30-days on OMB to render a decision on a fishery disaster spend plan submitted to the agency. Many Members of Congress remain concerned over the length of time it takes in the Federal fisheries disaster process for aid to reach recipients. • Conserved Areas in the U.S.EEZ—hi June 2023 the Regional Fishery Management Councils formally released a synthesis of conservation areas in the US EEZ. The report, titled An Evaluation of Conservation Areas in the U.S. Exclusive Economic Zone, identifies 648 conservation areas covering 72% or nearly 3.4 million acres of federal waters for consideration as part of the Biden Administration's America the Beautiful Initiative which aims to conserve at least 30% of U.S. lands and waters by 2030. The 20 Administration is developing the American Conservation and Stewardship Atlas ("Atlas")to highlight the conserved areas. ROMEA staff has gotten an early indication the initial version of the Atlas will be published in spring 2024. It remains unclear at this time if there will be any further public comment opportunities on the "Atlas" or the "30x3O"initiative. • Alaskan Arctic Coast Port Access Route Evaluation -- The USCG is continuing its review of the northern portion of the Arctic Coast vessel traffic route study. The Coast Guard is coordinating with the U.S. State Department and Canadian officials as port of this ongoing process. Any questions can be directed to the USCG at Michael.D.Newellguscg.mil • U.S. State Department on the Outer Continental Shelf-- On December 19, 2023, the U.S. Department of State announced geographic coordinates defining the outer limits of the U.S. continental shelf in areas beyond 200 nautical miles from the coast. These new areas are known as the Extended Continental Shelf("ECS") and collectively encompass approximately one million square kilometers spread across seven regions, including Alaska. • National Working Waterfronts Legislation Currently Under Development— Comments Welcome -- Senator Murkowski is working on new legislation for 2024 to address a wide range of coastal environmental and commercial fishing/seafood related issues. The draft legislation is provided below for your convenience. If you would like to comment,please forward any comments to ROMEA's Rick Marks at rem2hsgblaw- dc.com or Sebastian O'Kelly at tarpon e,hsgblaw-dc.com by the end of the month and we will pass them on to the Senator's staff. DRAFT"Working Waterfronts Act" TITLE I—COASTAL ENERGY Sec. 101 — Tax Credit for Marine Energy Projects The Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2023 (S. 2994) establishes a tax credit equal to 30% of eligible projects that maintain and enhance hydroelectric facilities, namely hydroelectric dams and associated infrastructure. This provision would amend S. 2994 to expand the tax credit to marine energy projects, including projects that produce electricity from waves, tides, and ocean currents. The definitions that would be added to S. 2994 are as follows: A marine energy project is defined as "a project which produces electricity from (i)waves, tides, and currents in oceans, estuaries, and tidal areas, (ii) free flowing water in rivers, lakes, streams, and man-made channels, (iii) differentials in salinity and pressure gradients, or(iv) differentials in water temperature, including ocean thermal energy conversion," as well as any associated interconnection property. 21 A marine energy technology project is defined as "a project which the Commission determines (i)will produce electricity from a generator that converts the potential energy of flowing water, (ii)will utilize a generating technology that is not in widespread, utility scale use in the United States as of the date of enactment of this section, (iii)will not be, based on information available to the Commission, likely to jeopardize the continued existence of any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973, and (iv)will not be, based on information available to the Commission, likely to result in the destruction or adverse modification of an area designated as critical habitat for any species listed as a threatened species or an endangered species under such Act," as well as any associated interconnection property. Sec. 102—Fishing Vessel Alternative Fuels Pilot Program To provide resources necessary to transition fishing vessels from diesel to alternative fuel sources such as electric or hybrid, this provision establishes a pilot grant program at EPA to 1) transition fishing vessels to alternative fuels, 2) acquire and deploy shoreside infrastructure necessary for such transition, which may include charging stations for electric fishing vessels or other alternative fuel-specific refueling stations, and 3)provides grant funds for research and development of alternative fuel technologies for fishing vessels. The current version of this provision authorizes $20 million per year for fiscal years 2025-2030. Of that$20 million, 30% ($6 million)would be for costs associated with fishing vessel transitions, 30% ($6 million) for necessary shoreside infrastructure, and 40% ($8 million) for research and development of alternative fuel technologies for commercial fishing vessels. Additionally, the bill authorizes $2 million for a joint study with EPA and DOE on "(1) methods to further develop alternative fuels for use with commercial fishing vessels; (2)how to improve existing alternative fuel technologies in commercial fishing vessels; (3)the fuel sources available for commercial fishing vessels, and the limitations of those fuel sources; and (4) opportunities for the use of hybrid technologies in commercial fishing vessels." TITLE II—FISHERIES AND SEAFOOD Sec. 201 — USDA Loan Guarantees for Commercial Fishermen and Fish Processors Opening USDA Loan programs to commercial fishermen and fish processors would improve access to needed food security and economic opportunities for coastal residents and businesses. This provision would expand eligibility for USDA Farm Ownership Loans and Farm Operating Loans to commercial fishermen and fish processors to acquire, operate, and maintain commercial fishing vessels and fish processing facilities. Commercial fishermen would also be able to use farm ownership loans to acquire fishing permits associated with their fishing operation. This provision combines two working waterfronts provisions you previously approved for inclusion: 1) expanding USDA loan guarantees and 2)including wild-caught fish and shellfish in the definition of"agricultural commodity or product"for the purposes of the Farmers' Markets and Local Food Promotion Program. 22 Sec. 202 —Fishing Industry Credit Enhancement Act Currently, Farm Credit is available for farmers ranchers, and fishermen, as well businesses that provide support services for farmers and ranchers. However, businesses providing support services to fishermen were not included in the legislation. This provision corrects that apparent oversight by expanding Farm Credit eligibility to fishing industry support businesses. Sec. 203 — Testing for Shellfish Mariculture Amends the Harmful Algal Bloom and Hypoxia Research and Control Act(HABHRCA)to expand the scope of NOAA's National Harmful Algal Bloom and Hypoxia Program (NHABHP) to 1) support shellfish mariculture and 2)provide access to testing for harmful algal bloom toxins for subsistence and recreational shellfish harvesters through innovative methods that increase the efficiency and effectiveness of such testing in rural and remote areas. Shellfish mariculture is defined as "the cultivation of shellfish in their natural habitat for human consumption" for the purposes of this section. Sec. 204—Domestic Seafood Marketing and Promotion Amends the Saltonstall-Kennedy Act to modify how funds in the Promote and Develop American Fisheries Products and Research Pertaining to American Fisheries Fund(P&D account) are apportioned. This provision would: 1. Amend the portion of funds within the P&D account available solely for the Saltonstall- Kennedy competitive grant program from "all moneys" in the account to 25%, 2. Specify that, of the 25% of funds made available in the P&D account, 75% shall be reserved for direct industry grants under the S-K grant program, 20% shall be used to carry out the Young Fishermen's Development Act(YFDA), and the remaining 5% shall be used for the National Fisheries Research and Development Program. 3. Allows any remaining funds to be used in subsequent fiscal years, but directs the Secretary to obligate funds so that the balance remaining does not exceed $10 million, which amends the current$3 million. This would allow the Secretary to allocate funds in a way that allows for more to carry over to subsequent fiscal years that the current language, thereby providing greater inter-annual flexibility for both the agency and the S- K grant program. Sec. 205—Electronic Monitoring Innovating Prize Establishes an innovation prize for the development of advanced electronic fisheries monitoring equipment and data analysis tools, including improved fish species recognition software. Sec. 211-214—Coastal Seaweed Farming Act This provision establishes two key programs to promote coastal seaweed farming and support Indigenous seaweed farming efforts: 23 1. Section 212 directs the Under Secretary of Commerce for Oceans and Atmosphere, in collaboration with the Secretary of Agriculture, to offer technical assistance to eligible entities engaged in seaweed farming. This includes aiding in farming design, development, species selection, and operation while ensuring minimal negative impact on marine ecosystems and communities. 2. Section 213 sets up an Indigenous Seaweed Farming Fund to provide grants for various purposes related to seaweed farming, such as farm establishment, equipment purchases, ecological impact mitigation, and habitat provision for native species. Authorized funding for technical assistance is set at a total of$5 million for fiscal years 2025 to 2029, while $20 million per year is authorized for the Indigenous Seaweed Farming Fund for fiscal years 2025 to 2029. TITLE III—SHORESIDE INFRASTRUCTURE Sec. 301-304 —Rural Coastal Community Processing and Cold Storage Grant Increases support for community infrastructure such as cold storage, cooperative processing facilities, and mariculture/seaweed processing facilities by establishing a competitive grant program through the Department of Commerce for rural and small-scale projects. The new grant program would allow the Secretary of Commerce to make grants or enter into cooperative agreements to support pilot projects relating to the construction of new seafood and mariculture processing and cold storage infrastructure, or the rehabilitation, repair, or retrofitting of existing infrastructure. Rural coastal community uses the definition provided in the Consolidated Farm and Rural Development Act(7 U.S.C. 1991(a)), which states that"rural" means "any area other than (i) a city or town that has a population of greater than 50,000 inhabitants; and(ii) any urbanized area contiguous and adjacent to a city or town described in clause (i)." Of the $10 million authorized for the grant program for fiscal years 2025-2029, 50% is reserved for"small-scale" rural facilities that have 50 or fewer employees. Sec. 311 — Working Waterfronts Development Act Establishes a grant program at the Economic Development Administration in the Department of Commerce for infrastructure improvements for facilities benefitting commercial and recreational fishermen, mariculturists, and the boatbuilding industry. Eligible projects for the grant program include construction or repair of wharfs and related infrastructure; access points; improvements to boost resilience to climate change;projects that permanently designate property as a working waterfront area; or projects that have been approved by the relevant state government entity that regulates fishery management and coastal areas. Eligible entities are coastal state or local governments, nonprofits, or individual participants in the fishing industry. Additionally, the eligible entity must be able to meet a 50% cost sharing requirement. In weighing projects, the Secretary of Commerce must consider the economic significance of the project, demonstrated need for the project, if alternate adequate waterfront access exists in the 24 community,permanence of the project's compatibility with the community's fishing uses, and if the entity has a business plan for the area. The bill authorizes $20 million per year from 2025-2029. TITLE IV—WORKFORCE DEVELOPMENT Sec. 401 —Maritime Workforce Grant Program Establishes a Maritime Workforce Grant Program, directing the Secretary of Transportation, through the Maritime Administrator, to award competitive grants supporting entities engaged in recruiting, educating, or training the maritime workforce. Eligible applicants can receive grants for various activities, including creating or improving training programs,providing technical training leading to maritime credentials, offering maritime education to high school students, supporting teacher development, establishing scholarships or apprenticeships, conducting outreach to schools and underrepresented communities, and generally enhancing the maritime workforce. The Secretary must consult with industry representatives, ensure broad participation across rural, suburban, and urban areas, and allocate at least 25% of the annual grant funds to entities in rural regions. An annual appropriation of$25,000,000 for fiscal years 2025 through 2029 is authorized for this program. Sec. 402 —Fishing Industry Safety, Health, and Wellness Improvement(FISH Wellness)Act Expands the Coast Guard and CDC's National Institute for Occupational Safety and Health (NIOSH) Fishing Safety Research and Training (FRST) Grant Program to include projects supporting behavioral health in addition to the projects currently supported dedicated to occupational safety research and training. This provision would also increase total authorized funding from $6 million to $12 million for the fiscal years 2025 and 2026. TITLE V—MISCELLANEOUS Sec. 501-503 —Ocean Regional Opportunity and Innovation Act This provision would require the Secretary of Commerce, acting through the administrator of EDA and in consultation with the administrator of NOAA, to designate at least one ocean cluster in each of the five domestic NOAA Fisheries regions, as well as the Great Lakes and Gulf of Mexico regions. The ocean cluster model fosters collaboration between different sectors—including public, private, and academic—within a geographic region to promote economic growth and sustainability in the Blue Economy. Ocean clusters offer members physical workspaces, as well as networking, funding and investment, and programmatic opportunities. While the ocean cluster model is increasingly popular for developing the Blue Economy, the U.S. currently lacks an overarching federal strategy for cluster development and investment in the blue economy. 25 $10 million per fiscal year is authorized to award grants for the operation and administration of ocean clusters with the goal of helping them become membership-based, self-sustaining entities. Sec. 511-514 — Vegetated Coastal Ecosystem Inventory This section establishes the Interagency Working Group on Vegetated Coastal Ecosystems under the National Science and Technology Council for the creation and maintenance of a comprehensive national map and inventory detailing vegetated coastal ecosystems. This inventory encompasses habitat types, species, ecosystem conditions, ownership,protected status, size, salinity and tidal boundaries, carbon sequestration potential, and impacts of climate change. The Interagency Working Group is tasked with incorporating existing data, engaging regional experts, and utilizing this inventory to evaluate carbon sequestration, assess emissions from degraded ecosystems, aid in regional assessments and technical assistance, identify restoration opportunities,predict sequestration rates in changing conditions, and explore coastal vegetation's role as natural infrastructure against climate hazards. Additionally, the inventory aids in understanding the effectiveness of different coastal vegetation in diverse climates, including the Arctic, and informs the EPA's annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. This provision also authorizes $3 million per fiscal year(2025-2026) for cold-climate coastal natural infrastructure research and pilot projects. Sec. 521-523 —Coastal Communities Ocean Acidification Act Amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to enhance collaboration on ocean acidification research and monitoring. The amendments introduce ongoing mechanisms for stakeholder engagement—including industry members, coastal stakeholders, Indigenous groups, and non-Federal scientific experts—to provide input on necessary research and monitoring. This provision would also establish two Advisory Board seats for"Two representatives from Indian Tribes, Native Hawaiian organizations, Tribal organizations, and Tribal consortia affected by ocean acidification and coastal acidification." Sec. 531 —Marine Invasive Species Research and Monitoring With warming ocean conditions, invasive species, like the European green crab in the Pacific Northwest and Southeast Alaska, colonize new habitats to the detriment of native species. To provide resources and tools to mitigate the impact of invasive species and help limit their spread, this provision authorizes grant funds for research and monitoring funds for local, Tribal, and regional marine invasive prevention work. This includes training, outreach, and equipment for early detection and response to invasions. This provision also transfers the Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund from the Vessel Incidental Discharge Act of 2018 to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 for better alignment across marine invasive species response and research. 26 CityReportClerk January 22, 2024 The Clerk's Office received these fun photos from Obihiro, Japan. The high school exchange students clearly had a great time visiting Seward in 2023! - Kris v, jQ T � . 77 r nf�' r¢ w ; r _ _ � _ s✓ a.L,asxa o 27 Seward Chamber of Commerce - City Council Report January 22, 2024 Samantha Allen, Executive Director 2023 Statewide Tourism Impacts from Alaska Tourism Industry Association • 2.7 million in state visitors • 8.5 nights spent • Visitors directly spent $3.9 billion • Total economic impact of$5.6 billion • Alaska's travel industry supported 56,711 jobs. • Southcentral is the second most visited region - (50% of travelers) Inside Passage is the most visited region - (67% of travelers) 2023 Seward Visitor Center& Datafy Data • Approximately 11 K referrals delivered for our Member Business from May- September. • The Visitor Center and Derby Booth welcomed just under 9,000 guests this year. • Cruise ships in Seward May 8th - October 14th with a total of 188,124 cruise ship passengers. • June, July &August continue to be the highest volume months. • Total Trips: 554,522 trips • Visitor Days: 1,275,561 days • Average Length of Stay: 2.3 days • Unique Visitors: 374,988 visitors • Top Visiting States: Alaska, California, Texas, Florida, Minnesota Chamber Community Impact Chamber Events: • State of the Chamber • Seward Community Awards • Double Scoops Job Fair& Ice Cream Social • Mount Marathon Race &4th of July Festival • Silver Salmon Derby & Silver Salmon Ball • Small Business Startup Week • Shop Small Weekend • Winter Weekends • Chamber Luncheons • Chamber After 5 28 Seward Chamber of Commerce - City Council Report January 22, 2024 Samantha Allen, Executive Director Event Support: • Polar Bear Jump Festival • SeaBird Festival • Mermaid Festival • Tsunami Bowl • Seward Kite Festival • First Fridays Art Walk • Meet the Candidates Trade Shows & Conferences: • Mat-Su Outdoorsman Show • Pacific Marine Expo • Alaska Travel Industry Association Conference • SimpleView Summit Community Events Calendar- Seward.com/Events Community Job Board - Seward.com/Jobs Alaska Small Business Development Center Information Stats: • Client Hours: 543 • Total Clients: 109 • New businesses started: 7 • Jobs Supported: 220 • Capital Infusion: $2,604, 584 • Client Surveys: 100% Positive Topics: • Buy/Sell Business: 38.2 hrs • Start-Up Assistance: 31.3 hrs • Financing/Capital: 29.9 hrs • General Management: 28.7 hrs • Business Planning: 3 hrs 29 Seward Chamber of Commerce - City Council Report January 22, 2024 Samantha Allen, Executive Director Industries: • Accommodation: 45.2 hrs • Food Services: 30.3 hrs • Retailers: 23.4 hrs • Entertainment: 17.7 hrs • Transportation: 9.7 hrs 2024 Look Ahead • Visitor Guide Publication • State of the Chamber- Jan 29th • Winter Weekends • Chamber Luncheons &After 5s • Community Awards - March. TBD 30 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page CALL TO ORDER The January 8, 2024, 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 Randy Wells Mike Calhoon Robert Barnwell Kevin Finch Julie Crites comprising a quorum of the Council; and Kat Sorensen, City Manager Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Sam Severin, City Attorney Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Russ White,outside city limits,spoke as an employee for Parks&Recreation.He provided updates on upcoming city events, sports leagues, and activities. Brad Snowden, inside city limits, spoke to his recent experience of his electricity being turned off. He encouraged everyone to do all things with love. On another topic, Snowden spoke to a bear being killed by police outside his house. He encouraged all city residents to use bear- proof trash containers. Mica Van Buskirk, inside city limits, spoke to the 2024 fee schedule. She hoped the increased campground fees could go towards the future community recreation center. Van Buskirk also suggested this money go into a Parks & Recreation fund rather than the general fund. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Calhoon) Approval of Agenda and Consent Agenda 31 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the December 18, 2023 City Council Meeting Minutes Resolution 2024-002: Adopting An Alternative Allocation Method For The FY2024 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area And Authorizing The City Manager To Apply For Funds From The Shared Fisheries Business Tax Program Non-Objection to the Transfer of the Controlling Interest from James Pruitt to Tracie Williams for the Liquor License for Gateway Liquor& Food Mart SPECIAL ORDERS,PRESENTATIONS,AND REPORTS Proclamations and Awards Proclamation for Seward High School Seahawks Wrestling Team was read by Vice Mayor Osenga City Manager Report City Manager Kat Sorensen provided an update on the 2024 legislative priorities and said the brand new 2024 guides had just been printed. She provided an update on the Matanuska Electric Association operating contract and said a housing issue for MEA had been solved. Sorensen announced the Finance Department had implemented net metering billing. There would be a new and detailed finance report featured in the second council meeting of each month. Lastly, Sorensen recently enjoyed participating in a Parks & Recreation indoor soccer game. Calhoon asked if a specific city position was in charge of the meter reading. Sorensen responded that the meter reading duties had been transferred to the Electric Department. Wells asked for more information on the Seward rate case listed in the City Manager Report. City Attorney Sam Severin explained that his law office was looking into Chugach Electric Association's rate request on Seward and whether it was reasonable. The issue involved wholesale power and there would be a more comprehensive update in the coming months. City Clerks Report City Clerk Kris Peck said the Clerk's Office annual statistics for public record requests and city business licenses were bolstered by some colorful pie-charts and graphs. There was also a commemorative poster of all the 2023 council packets. City Attorney Report 32 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page City Attorney Sam Severin provided information on public record requests pertaining to personal cellphones. He enjoyed working with the Clerk's Office on a variety of issues. Severin cautioned against poorly written contracts and provided examples of specific wording to be aware of. Other Reports and Announcements Presentations -None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2024-001: Adopting The Calendar Year 2024 City of Seward Tariff for Electric, Water, & Sewer Motion (Osenga/Calhoon) Approve Resolution 2024-001 Sorensen introduced the resolution and noted the Finance Director was in attendance tonight if there were any additional questions. 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 asked about water metering. Finance Director Sully Jusino said the city was still working on a water rates study. Finch asked about the deadlines for billing. He felt the current schedule was an inconvenient date for fixed income residents to pay their bills. He wanted to add 15 days beyond the due date to accept payments. Osenga felt that extending the billing cycle would create a snowball effect of late payments. Jusino said the city had payment plans in place and was working with citizens on a case-by-case basis. Motion Passed Yes: Osenga, Calhoon,Barnwell, Crites, Wells,McClure No: Finch UNFINISHED BUSINESS Resolutions Resolution 2023-139: Authorizing the City Manager to Enter Into a Contract With T2 Upsafety For The Purchase of Parking Enforcement Software and Equipment for 3 Years For A Total Cost Of$37,021.00 And Partnering With Upsafety For Collections Services and Appropriating Funds 33 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page (This resolution was postponed on December 18, 2023) Motion (Already on the Floor) Approve Resolution 2023-139 Sorensen noted the Parks & Recreation Department had researched the use of automated parking gates. She recommended the approval of this resolution now and then work on a larger plan later down the road. Wells thanked administration and the departments for doing the research on automated gates. Motion Passed Unanimous Council recessed the meeting at 7:40 p.m. Council resumed the meeting at 7:45 p.m. Resolution 2023-134: Adopting the Calendar Year 2024 City of Seward Fee Schedule (This resolution was postponed on December 18, 2023) Motion (Already on the Floor) Approve Resolution 2023-134 Sorensen said there were several city department heads in attendance tonight to introduce their particular section of the fee schedule. Police Chief Alan Nickell said his staff had done a deep dive into animal shelter fees and applied what they had learned into the city of Seward fee schedule. He said the city was not making a profit, but rather trying to keep up with the expenses. City Clerk Kris Peck said the mobile vending fees were based on the suggestions from a Planning &Zoning Work Session. Acting Community Development Director Courtney Bringhurst addressed the fee increases for Community Development. Fire Chief Clinton Crites said the fees were being adjusted to reflect the true time spent by staff. He was trying to cover the costs of the inspections. Crites addressed the false alarm systems and how they were handled. Lastly, Crites felt the explosive permit fees were spot on. Parks & Recreation Director Melanie Hauze addressed the fees for seasonal parking in the harbor. She said the revenue would go towards paving the South Harbor Uplands parking lot. Bringhurst also addressed the City Cemetery fee schedule and explained the costs of the columbaria. Bringhurst explained the fees would help cover the costs of cemetery surveys, ground penetrating radar and general maintenance. The cost of the permit was essential for funding the maintenance of the cemetery. 34 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page After discussion among council, the following amendments were made to the 2024 fee schedule: Parking: Seasonal Permits for Harbor Employees $60 Parking: 0-2 hours in the North and South Lots is free Parking: After 2 hours in the North and South Lots the fee is $10 per 24 hours Cemetery: Burial Permits Full Size Plot(casket) $250 Main Motion as Amended Passed Yes: Osenga, Calhoon, Barnwell, Crites, Wells,McClure No: Finch Council recessed the meeting at 9:15 p.m. Council resumed the meeting 9:19 p.m. NEW BUSINESS Resolutions Resolution 2024-003: Authorizing The City Manager To Purchase Motorola Radios And Related Equipment From Procomm Alaska, With Associated Installation, Equipment And Programming To Include A 10% Contingency In An Amount Not To Exceed $393,356.99 Motion (Calhoon/Osenga) Approve Resolution 2024-003 Substitute Version Sorensen spoke to the substitute version of the resolution and clarified the funds would be coming from the General Fund, rather than the Motor Pool fund. This resolution would be purchasing radios for various city personnel rather than being strictly for vehicles. Fire Chief Clinton Crites spoke to the necessity of getting new radios and buying them all at once to get it taken care of. Police Chief Alan Nickell estimated there were a lot of old radios in use that were simply not working properly due to their age. Radios were a vital lifeline, and this was a very important purchase. Motion Passed Unanimous Other New Business Set The Timing For The 2024 Annual Evaluations For The City Attorney, City Clerk, And City Manager Council made the following determinations: The City Attorney would be evaluated on Monday,February 12, 2024. 35 City of Seward,Alaska City Council Meeting Minutes January 8, 2024 Volume 42, Page The Tabulation Team would consist of Osenga and Barnwell. The City Manager would have her initial evaluation on Tuesday, March 26, 2024. There would be no tabulation team for the initial evaluation. The City Clerk would be evaluated on for Tuesday, March 26, 2024 The Tabulation Team would consist of Wells and Crites Select A Council Member To Join The Mayor And Administration For A Lobbying Trip To Juneau From March 5 To 8,2024 Vice Mayor Osenga expressed interest in joining the lobbying trip. There was no objection from council. CITIZEN COMMENTS—None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Sorensen thanked council for a collaborative evening on the 2024 fee schedule. Barnwell, Crites, Wells, Osenga and Finch all congratulated the Seward Seahawks wrestling team. Calhoon echoed congrats to Seward Seahawks wrestling team. He asked for a council Work Session to discuss the Motor Pool. He encouraged everyone to be safe and have fun during the Polar Bear Jump Off Festival. Mayor McClure congratulated the Seward Seahawks wrestlers. She recalled the limited sports options when she was in high school. She mentioned the Seward Museum would be open on Saturdays again. McClure was excited for the Polar Bear Jump Off Festival this week. Lastly, McClure encouraged everyone to adopt a cat from the Seward Animal Shelter. ADJOURNMENT The meeting was adjourned at 9:39 p.m. Kris Peck Sue McClure City Clerk Mayor (City Seal) 36 Ordinance 2024-001 NNW- Ordinance 2024-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE FORT RAYMOND SUBDIVISION, REPLAT NUMBER 7, LOT 10A-1, LOCATED AT 905 SEA LION AVE, FROM AN INSTITUTIONAL (INS) ZONING DISTRICT TO AN AUTO COMMERCIAL (AC) ZONING DISTRICT Documents: • Agenda Statement • Ordinance 2024-001 • Attachments: o Application o Property Map o Zoning Map 37 Ordinance 2024-001 City Council Agenda Statement 9 Meeting Date: January 22,2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst,Acting Community Development Director Subject: Ordinance 2024-001: Approving the Land Use Amendment to Rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, Located at 905 Sea Lion Ave,from an Institutional(Ins)Zoning District to an Auto Commercial (AC) Zoning District Background and justification: Seward City Tours has submitted an application to rezone the 1.4 acres that they purchased at 905 Sea Lion Ave to an Auto Commercial zoning district. On September 11, 2023, the City Council approved Resolution 2023-099, which authorized the City Manager to enter into and execute the purchase and sale agreement and related documents with Seward City Tours for the sale of 1.40 acres of land on the northern portion of the property located at 905 Sea Lion Ave. On November 7, 2023, the Planning and Zoning Commission approved Resolution 2023-019 approving the preliminary plat creating Fort Raymond Subdivision, Replat Number 7, Lot 10A-1. Seward City Tours purchased this property with the intention to construct a bunkhouse for employee housing and a maintenance shop to support their business. An auto repair shop is not allowed in an Institutional zoning district, nor is a general machine shop. Both uses are allowed in an Auto Commercial zoning district with an approved Conditional Use Permit. A Bunkhouse is allowed in an Institutional zoning district as well as an Auto Commercial zoning district with an approved Conditional Use Permit. Since both a bunkhouse and an auto repair or machine shop are allowed in an Auto Commercial zoning district, Seward City Tours is requesting that the zoning of Lot 10A-1 be changed from Institutional to Auto Commercial. Lot 10-1 is larger than one (1) acre, and the property adjacent to the west is zoned Auto Commercial, which meets the requirements of Seward City code 15.01.035(B)(3) amending the zoning of a parcel of land. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. The Planning and Zoning Commission approved Resolution 2024-001 on January 9tn 38 Ordinance 2024-001 recommending the City Council approve the Land Use Amendment to rezone 905 Sea Lion Ave from an Institutional zoning district to an Auto Commercial zoning district. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: Vol 1, Chapter 3.1.1.4 — "Support private sector business, employment, and programs." Vol 1, Chapter 3.2.1 "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 — "Encourage development of new housing in Seward." Strategic Plan: N/A Other: Certification of Funds Total amount of funds listed in this legislation: S 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 Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review e✓ Yes Attorney Signature: /s Kody P. George Not applicable Comments: 39 Ordinance 2024-001 Administration Recommendation �✓ Adopt AM Other: 40 Ordinance 2024-001 CITY OF SEWARD,ALASKA ORDINANCE 2024-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE FORT RAYMOND SUBDIVISION, REPLAT NUMBER 7, LOT 10A-1, LOCATED AT 905 SEA LION AVE, FROM AN INSTITUTIONAL (INS) ZONING DISTRICT TO AN AUTO COMMERCIAL (AC) ZONING DISTRICT WHEREAS, Seward City Tours has submitted a rezone application to the City of Seward Planning and Zoning Commission for review and recommendation to the City Council; and WHEREAS, on January 91h, 2024, the Planning and Zoning Commission approved Resolution 2024-001 recommending the City Council approve the Land Use Amendment to rezone 905 Sea Lion Ave from an Institutional zoning district to an Auto Commercial zoning district; and WHEREAS, a purchase and sale agreement was approved and signed by the City on September 11, 2023, selling Lot 10A-1 to Seward City Tours; and WHEREAS,the majority of property owners in the area to be amended have petitioned to rezone Lot 10A-1, Fort Raymond Subdivision, Replat Number 7; and WHEREAS, the total area to be amended exceeds the required one acre as specified in Seward City code §15.01.035(b)(3); and WHEREAS, the proposed Land Use Amendment would rezone Lot 10A-1, from Institutional (Ins)to Auto Commercial (AC); and WHEREAS, the property directly to the west of Lot 10A-1 is zoned Auto Commercial; and WHEREAS,Seward City Tours intends to use Lot 10A-1 to construct a bunkhouse and an auto/machine shop to support their business; and WHEREAS, auto or machine shops are not allowed in an Institutional zoning district,but are allowed with an approved Conditional Use Permit in an Auto Commercial zoning district; and WHEREAS, a bunkhouse is allowed in an Institutional zoning district and an Auto Commercial zoning district with an approved Conditional Use Permit; and WHEREAS,the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040. 41 Ordinance 2024-001 NOW,THEREFORE,THE CITY OF SEWARD ORDAINS,that: Section 1. Seward City Council hereby approves the Land Use Amendment to rezone Fort Raymond Subdivision, Replat Number 7, Lot 10A-1, located at 905 Sea Lion Ave, from an Institutional (Ins) zoning district to an Auto Commercial (AC)zoning district. Section 2. This ordinance shall take effect ten (10) days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 121h day of February 2024. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 42 12/26/23, 11:45 AM 103 Ordinance 2024-001 City of Seward,AK 12/26/2023 103 Primary Location Applicant Zoning Amendment 905 SEA LION AVE Jonah Swiderski Application SEWARD,AK 99664 907-491-0274 Status:Active Owner info@sewardcitytours.com Submitted On: 11/14/2023 PO BOX 2031 SEWARD CITY OF PO BOX 167 SEWARD,AK 32981 Myrtlewood Circle 99664 Seward,Alaska 99664 Applicant Information Name* Mailing Address* Jonah Swiderski PO BOX 2031 Seward,AK 99664 Phone* Email* 907-491-0274 info@sewardcitytours.com Property Information Address* Size of subject area* 905 Sea Lion Avenue 1.4 Acres Legal Description T 1N R 1W SEC 34 SEWARD MERIDIAN SW 0870012 FORT RAYMOND SUB REPLAT NO 1 LOT 10A 43 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 1/6 12/26/23, 11:45 AM 103 Ordinance 2024-001 The legal description of a property and the KPB Parcel number can be found at this link: https://gis.kpb.us/map/index.htmI?viewer=basic Click on the icon four from the left that looks like a pin and says "find parcel by address" when you hover your mouse over it.Type in your address and press "enter". Click on your parcel.A white box with information in it should appear on your screen. The parcel ID number is at the top.The Legal name of the property is in the middle under the heading, "Legal:" Current Zoning* Request to rezone to:* Institutional (Ins) Auto Commercial (AC) Reasons for Rezone Intended use of property and reason for rezoning:* Employee Bunkhouse and Office/Maintenance building, Rezoning to auto commercial will better suite our use of the property. Property in the area is already zoned AC and will have little to no impact on adjacent properties. How does the proposed amendment comply with the Seward Comprehensive Plan:* The rezoning fully adheres to the Seward Comprehensive Plan, specifically 3.2.1 "Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values." 3.3.1 "Encourage development of new housing in Seward" Seward Comprehensive Plan: https://www.cityofseward.us/home/Showpubl isheddocument/60/637001929598130000 What is the effect of the zoning amendment on the surrounding property owners and on the community at large?* The surrounding area is owned by the city of Seward and will have no impact.To the south there is one property that is already zoned auto commercial and it will not have any effect on those owners. 44 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 2/6 12/26/23, 11:45 AM 103 Ordinance 2024-001 Select the method by which this Rezone application Petition Signatures* is being initiated:* By petition of a majority of the property Jonah Signature.jpeg owners in the area to be amended Document Uploads Map of area* Proof of ownership of rezone area ta SEWARD CITYTOURS LAND , 905 Sea Lion Zoning.JPG SALE. df +�� p Declaration Page I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. Signature* Jonah Swiderski Nov 14,2023 Attachments Property Map_905 Sea Lion Ave.pdf Property Map_905 Sea Lion Ave.pdf Uploaded by Courtney Bringhurst on Nov 16,2023 at 12:57 PM 45 https://sewardak.workflow.opengov.com/#/explore/records/2380/react-form-details/2380 3/6 0rd�Ik111v2Q247 w r r , 7- V.a. - 4 11 Y \0\ ` l WWAW f `C c rt ' Y i �•.2ii 1'^ -{n Fri�� .r *.-t5 '4Sp `4r F r .1♦ A. Pr door t Y i y Rezone of Fort Raymond Subdivision, Replat 905 Sea Lion Ave / \Number 7, Lot 10A-1 from Institutional (INS) to - � � �1 Drawn By: Selena Soto Auto-Commercial (AC) N 0 25 50 100 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. 46 Ordinance 2024-001 Zoning IF x1... x a SEAJLIO N " SEA _ION T d y�,."'' � �' ��� yr• � rm hAJ y ,yr'ryY APT ti h ry MT t a. ;v A ., s *'x •y rsfw a x y ("'4' r; is Are 47 Ordinance 2024-002 • Ordinance 2024-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1, LOTS 1-11 AND TRACTS B-D, LOCATED AT 1303 NASH ROAD, FROM A RESOURCE MANAGEMENT (RM) ZONING DISTRICT TO A MULTI-FAMILY RESIDENTIAL (R3) ZONING DISTRICT Documents: • Agenda Statement • Ordinance 2024-002 • Attachments: o Application o Property Map o Zoning Map o Narrative 48 Ordinance 2024-002 City Council Agenda Statement 9 Meeting Date: January 22,2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst,Acting Community Development Director Subject: Ordinance 2024-002: Approving the Land Use Amendment to Rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots I-II and Tracts B-D, Located at 1303 Nash Road, from a Resource Management(RM) Zoning District to a Multi-Family Residential(R3)Zoning District Background and justification: Ken and Jonathon Lang have submitted an application on behalf of Resurrection Bay Investments LLC to rezone the portion of land south of Nash Road in the proposed Mount Alice Estates Planned Unit Development,Phase 1. On January 9, 2024, the Planning and Zoning Commission approved Resolution 2024-002 approving the preliminary plat creating Mount Alice Estates Planned Unit Development, Phase 1, Lots I-I I and Tracts A-D. The owner of Resurrection Bay Investments LLC intends to develop Lots I-I I and Tracts B-D as a private, gated community. There will be certain covenants and restrictions established for the private community that will maintain a high standard of development for the community.The developer intends for the majority of housing within the community to be single-family homes, but also desires the flexibility to construct condominiums on the larger tracts of land. For this reason, the developer has submitted a land use amendment application to rezone Lots I-II and Tracts B-D from resource management (RM) to multi- family residential(R3). The total area of land to be amended exceeds the required one acre as specified in Seward City code §15.01.035(b)(3),and the majority of property owners in the area to be amended have petitioned the city in support of this rezone. The multi-family (R3) zoning district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment, or recreation. The location of this private community on Nash Road places the future housing proximate to recreation and employment opportunities. The developer has expressed the intention to construct a condominium on the larger tract with primarily single-family homes on the other lots. The public notification process was complied with and the appropriate public hearing, as required by Seward City Code §15.01.040. The Planning and Zoning Commission approved Resolution 2024-003 on January 9t1i, recommending the City Council approve the Land Use Amendment to rezone Lots I-I I and Tracts B-D,Mount Alice Estates Planned Unit Development,Phase I from a resource management zoning district to a multi-family zoning district. 49 Ordinance 2024-002 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: Vol 1, Chapter 3.2.1 — Promote residential and commercial development within the city of Seward and its vicinity in accordance with community values. Vol 1,Chapter 3.2.1.2—Expand the opportunity for affordable,diverse,year- round housing through appropriate land use regulations. Vol 1, Chapter 3.3.1 —Encourage development of new housing in Seward. Vol 1, Chapter 3.3.1.1 — Support a range of housing choices that meet the needs of people in various income and age groups Strategic Plan: N/A 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 Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review e✓ Yes Attorney Signature: /s Kody P. George Not applicable Comments: Administration Recommendation e✓ Adopt AM Other: 50 Ordinance 2024-002 CITY OF SEWARD,ALASKA ORDINANCE 2024-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE MOUNT ALICE ESTATES PLANNED UNIT DEVELOPMENT, PHASE 1, LOTS 1-11 AND TRACTS B-D,LOCATED AT 1303 NASH ROAD,FROM A RESOURCE MANAGEMENT (RM) ZONING DISTRICT TO A MULTI- FAMILY RESIDENTIAL(R3) ZONING DISTRICT WHEREAS, Ken and Jonathon Lang have submitted a rezone application on behalf of Resurrection Bay Investments LLC to the City of Seward Planning and Zoning Commission for review and recommendation to the City Council; and WHEREAS, on January 9th, 2024, the Planning and Zoning Commission approved Resolution 2024-003 recommending the City Council approve the Land Use Amendment to rezone Lots 1-11 and Tracts B-D, Mount Alice Estates Planned Unit Development, Phase 1 from a resource management zoning district to a multi-family zoning district; and WHEREAS,the majority of property owners in the area to be amended have petitioned to rezone Lots 1-11 and Tracts B-D within the MountAlice Estates Planned Unit Development,Phase 1 from a resource management(RM) zoning district to a multi-family (R3) zoning district; and WHEREAS, the total area to be amended exceeds the required one acre as specified in Seward City code §15.01.035(b)(3); and WHEREAS, the multi-family (R3)zoning district is intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi- family units close to concentrations of public services, employment, and/or recreation; and WHEREAS, this development would provide more housing options near recreation and employment opportunities on Nash Road; and WHEREAS,the developer has expressed a desire for the construction of residences to be primarily single-family homes with one or more condominiums in the larger tracts; and WHEREAS, single family homes and duplexes are allowed outright in an R3 zoning district; and WHEREAS,multi-family dwellings, condominiums, and townhomes are allowed with an approved conditional use permit in an R3 zoning district; and 51 Ordinance 2024-002 WHEREAS,the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS,that: Section 1. Seward City Council hereby approves the Land Use Amendment to rezone Mount Alice Estates Planned Unit Development, Phase 1, Lots 1-11 and Tracts B-D, Located at 1303 Nash Road, from a Resource Management (RM) Zoning District to a Multi-Family Residential (R3) Zoning District Section 2. This ordinance shall take effect ten (10) days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 12th day of February 2024. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 52 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Ordinance 2024-002 C=OF SEWARD Community Development P.O. Box 167 907.224.4049 410 Adams Street planning@cityofseward.net Seward,Alaska 99664 LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six(6)weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Petitioner: Resurrection Bay Investments, LLC; Alice Darling, Manager Address: P.O. Box 149, Seward, Alaska 99664 Telephone Number: 907-205-1475 Email: irisdarling@hotmail.com Property Description Address: No address; MP 2.2 to MP 3.0, Nash Road Lot: NSA Block: N/A Subdivision: N/A Size of subject area: 30.90 acres Number of parcels within subject area: Additional Information Located in Historic Overlay District?Yes [_] No [_] Intended use and/or reason for rezoning: see the attached narrative Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Seward 2030 Comprehensive Plan Volume L hops://www.cityofseward.us/home/showdocument?id=1705 Volume IL hops://www.cityofseward.tis/home/showdocument?id=1707 53 DocuSign Envelope ID: B1442DFA-82EF-4E6A-93E1-8C50396D5977 Ordinance 2024-002 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) N/A What is the effect of the zoning amendment on the property owners and on the community at large? see the attached narrative hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of every month. 4aDocuSigned by: Applicant Signature: dM Q� Enclosed: $300 Payment ( ) Map of the subject area ( ) Other: ( ) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of$300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (SCC 15.01.035 (b)) ( ) By the City Council on its own motion; ( ) By the commission on its own motion; (X) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. 54 m e _ e n N m v u AI IA � r Y q.. mr 3 P by " � o. J� 4 .• �. ■ � k7 F n � ' --- 4 A�' u a Ordinance 2024-002 Current Zoning Map Y .. " a." — � � . �a, ... �� df". �.•_-• 5 M + 1 g I �c 9 A,. Zonin g0fllisle Rim:�eel�erl-,�1 n,v are,Iy gees dert a' y _ .. j: 4 F_,r• c�.dertal h Dffice Aden ,al -arbor Larnrne�cial THIS t 4: �.-:ICornrnercal PROJECT rd:a�_ra {` D:strl(-- ;asource Vanagamarrt 56 Ordinance 2024-002 Lang & so c' tes, inc. Registered Pr sional La d Surveyors 11500 Daryl Avenue Anchorage,Alaska 515-304 a (907)522-6476 an surve .coi per® in,� n t ian(&Jangsurveyxo� travis@langsurvey.com Mount Alice Estates Mount Alice Estates Planned Unit Development, Phase 1 09 November 2023 On behalf of Resurrection Bay Investments LLC we present you with this plan for Mount Alice Estates Planned Unit Development, Phase I. This plan asks for a subdivision, a rezone of the property, and a conditional use ep rmit for a planned unit development with a private roadway. Overview The contiguously owned property is 107.2 acres bisected X by Nash Road. Mount Alice �•.,_.._.._..-�.- ..=. ._ -• a -•• =� y Estates, Phase I is a planned unit development with 11 lots, and 3 a' ` tracts, with a private roadway ' y� tract south of Nash Road; and a � single tract, north of Nash Road, ' � reserved for future development. There is also another 80 acres owned by Resurrection Bay Investments LLC to the north of this project that is not included in this phase of the subdivision and is reserved for a subsequent phase of development. 57 Ordinance 2024-002 Surrounding uses The property is bordered on the east side by the Seward City Limits. The properties to the north, east, and south are all zoned Resource Management(RM) and are owned by either the State of Alaska or the City of Seward. Tidelands lay immediately west of Tract C and Lots 5 through 11. The property to the west of Tracts A& B is zoned Industrial (I). / 5eward0tyl-irn its J ti zoningOnfine lj� Rural Resicertial Single Family Res.dentiaG -wo Family Residential Y " t lulf Fam ly Residential M � 1:,6an Residential : Dffice Residential -arbor Commercial THIS Aato Commere al PROJECT Central Business i7 strict Industrial Institutional Park J{y. Resource Management Rezone Through this action we propose to rezone the property from Resource Management(RM) to Multi- family Residential District(R3). R3 is "intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi-family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi-family residences from undesirable effects." Seward Code 15.05.025.13.4—Multi-family residential district(R3). The portion being rezoned is approximately 30.90 Acres (exclusive of the proposed road), and the property is currently zoned Resource Management, "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information..." (15.05.025.13.13). Page 2 of 5 58 Ordinance 2024-002 Subdivision The proposed subdivision is 11 lots, 4 tracts, and 1 private roadway tract. Tract A is reserved for future development. Tract B is intended for a residential condominium. Tracts C and D could be developed as condominiums or as apartments or other larger residential ,31,J1YF Rf. structures. Lots 1 through 11 are - intended for residential use. Eagle Run Circle will be an access Trott 0 tract, owned and maintained by the ,O , home owner's association of the proposed Planned Unit Development. . ,_ Lt 10 All lots south of Nash Road are intended to have water access. Lot W 4 Conditional Use Permit Lot , 4EL.W.41 The conditional use permit for a Planned Unit Development will allow a gated private road for L`" Mount Alice Estates Planned Unit Development. YFaat o The conditional use permit will OMM f. allow for a private boat launch and private docks along the more than 2900 feet of tideland frontage along Resurrection Bay, to be coordinated with the Seward Harbormaster. Seward Code 15.10.130—Unlisted Uses states "Unlisted uses may be allowed within a district upon Page 3 of 5 59 Ordinance 2024-002 written decision by the commission provided that each unlisted use meets all the following conditions: 1. The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright." Private residential docks are not addressed by Seward Code. Docks are allowed in Harbor Commercial but the industrial intent of that zoning district conflicts with the residential neighborhood proposed. The use is consistent with the purpose of Residential Multi-family but is not a specific use within the ordinance. The developers will be constructing the required improvements but the intention, through the planned unit development, is for the roadway to be private. The roadway will be built to city specifications as required by code but will not be dedicated as public right-of-way. Private Water and Septic Systems Tile 14 explicitly states "The city shall provide water service within the city limits (14.10.010)". The property falls within the city limits. The nearest city water main is more than 2000 feet to the south at the Seward Marine Industrial Complex and it is impractical to extend either the city water or the sewer system to the site at this time. The intention is for each parcel to have a water well and an on-site septic system. The 2030 Comprehensive Plan Update The development's location on the outskirts of Seward does not negatively impact Seward's unique historic, small-town character. By meeting the development standards in Title 13, 14, 15, and 16 we are attaining the 2030 Plan goal of maintaining the health and safety of residents and visitors and enhancing the town's best features. The goals of the 2023 Plan noted below are either fulfilled by the proposed development or supported and encouraged for the proposed development: 2.2 Community Values 2.2.10 Land Development—the project meets the land development goals of the 2030 Plan by encouraging home ownership opportunities. 2.2.11 Economic Base—the project will provide a short term economic boost to the local economy during construction and year-round housing for the community workforce. The subdivided parcels and improvements will add to the local tax base. 2.2.12 Transportation Facilities -the project will use the exiting State of Alaska DOT&PF maintained Nash Road and the private roadway will be the responsibility of the Planned Unit Development home owner's association. Page 4 of 5 60 Ordinance 2024-002 2.2.12.1 Traffic Management—the project will add an estimated 200 trips per day to Nash Road. The biggest impact being left turns from Eagle Run Circle on to Nash Road where subdivision residents may have to wait for southeast bound traffic. 2.12.12.3 Road construction—the private roadway will be maintained by the Mount Alice Estates home owner's association and will not be a burden to taxpayers. 3.1 Economic Development 3.1.1.2 Update and expand infrastructure—while this section of the 2030 Plan is focused on commercial and industrial uses, the development of Mount Alice Estates will allow small scale marine related home businesses (example: a community resident charter boat captain that stores his boat at home at Mount Alice Estates Planned Unit Development). 3.2 Land Use 3.2.1 Promote residential development 3.2.1.2 Expand the opportunities for affordable, diverse, year-round housing through land use regulations. 3.3 Housing 3.3.1 Encourage development of new housing in Seward. 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. 3.5 Port and Harbor Development 3.5.1 Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation management plans. The proposed private docks and boat launch supports this goal. 3.9 Quality of Life 3.9.2.2 Preserve and protect the scenic views of the mountains and Resurrection Bay. The proposed development does not significantly impact to the slopes of Mt. Alice. 3.9.2.3 Preserve the quiet of residential neighborhoods. Conclusion For the reasons illustrated above, we respectfully ask that the requests for the subdivision and conditional use permit for Mount Alice Estates Planned Unit Development, Phase I be granted as well as the variance requested for the private street. We also ask that the property be rezoned to Multi-family Residential District(R3). Page 5 of 5 61 Ordinance 2024-003 NNW- Ordinance 2024-003 AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15. 10.226(C)(7) — REQUIREMENTS FOR MOBILE VENDORS Documents: • Agenda Statement • Ordinance 2024-003 • Attachments: None 62 Ordinance 2024-003 City Council Agenda Statement 9 Meeting Date: January 22,2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst,Acting Community Development Director Subject: Ordinance 2024-003: Amending Seward City Code 15.10.226(C)(7) — Requirements for Mobile Vendors Background and justification: The City Clerk manages a mobile vendor program for the City of Seward. The program identifies various locations on city property where mobile vendors may pay a fee to reserve the spot during the summer months to sell food or other products. During the 2023 operating season, the City Clerk received feedback from multiple vendors that many of the designated locations were not ideal, and that the requirement to be completely removed from the site every night was onerous. On November 21, 2023, the Planning and Zoning Commission had a work session with the City Clerk and Parks and Recreation Director in attendance to discuss this feedback from the mobile vendor operators and evaluate how code could be updated to better support the mobile vendor program, while still maintaining order and structure. The Commission was in favor of striking number 7 under 15.10.226(C)which states that"Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots." On January 9, 2024, the Planning and Zoning Commission approved Resolution 2024-005 recommending the City Council amend Seward City Code 15.10.226(C)by striking number 7. The effect of this legislation would be to allow mobile vendors to remain set up in their designated spot for the duration of time allowed on their mobile vendor permit for the summer season. It would also allow the City Clerk to establish mobile vendor locations within city parking lots. City code still requires that a mobile vendor must be self-contained within the 10'x20' site regardless of the length of time it is set up in one location. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1.1 —"Promote seasonal and year-round tourism." 3.1.1.4 — "Support private sector business, employment, and programs." Strategic Plan: N/A 63 Ordinance 2024-003 Other: N/A 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 Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review e✓ Yes Attorney Signature: /s Kody P. George Not applicable Comments: Administration Recommendation e✓ Adopt AM Other: 64 Ordinance 2024-003 Sponsored by: Planning and Zoning Introduction: January 22, 2024 Public Hearing: February 12, 2024 Enactment: February 12, 2024 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE 15.10.226(C)(7)—REQUIREMENTS FOR MOBILE VENDORS WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the City Clerk manages the mobile vendor permitting process and many of the mobile vendor locations are on land managed by the Parks and Recreation department; and WHEREAS, throughout the summer of 2023, the City Clerk received feedback from multiple mobile vendor operators that various locations were not functioning well, and that the requirement in City Code for mobile vendors to completely be removed from their location every night was creating a burden on their business operation; and WHEREAS, on November 21, 2023, the Planning and Zoning Commission held a work session with the City Clerk and Parks and Recreation Director in attendance to discuss these aspects of the mobile vendor program; and WHEREAS, in reviewing the proposed new locations for the mobile vendors, the Commission supported having a few locations in the Harbor parking lots, and one centralized location at the Wellington pavilion pad; and WHEREAS,the Commission felt that requiring mobile vendors to be completely removed from their site every night was onerous, and that other code language would maintain sufficient order and cleanliness on a mobile vendor site even if the vehicle was left set up for the duration of the summer season; and WHEREAS, on January 9, 2024, the Planning and Zoning Commission approved Resolution 2024-005 recommending the City Council amend Title 15.10.226(C)(7). NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 65 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 15.10.226 Land uses allowed. A. Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter(See Table 15.10.226) B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: 1. Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. 2. The application for an annual administrative permit shall be accompanied by a fee established by City Council resolution. A fee will be issued for each separate, advertised, rentable lodging unit. 3. Before any permit is issued, the applicant shall furnish evidence of the existence of one or more policies of insurance, issued by an insurance company satisfactory to the City,providing insurance coverage for lodging. Policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to the cancellation, expiration, lapse or other termination of the insurance coverage. 4. Parking will be provided in accordance with section 15.10.215 of this chapter. 5. No cooking or cooking facilities are permitted in individual guest bedrooms. 6. Within principally residential districts RR, R1,R2, R3,UR lodging is limited to a home occupation within an owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of three. 7. Within principally residential districts R2, R3, UR, lodging in multifamily dwellings is limited to not more than 50 percent of the dwelling units with one of the units being the owner's principal place of residence. 8. Within commercial districts lodging within a dwelling unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. 9. Within principally commercial districts OR, AC, HC, and CB, excluding the Industrial zoning district, multifamily dwellings used for lodging purposes are not required to be the business or property owner's principal place of residence. The use shall be limited to not more than five dwelling units. 66 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 10. The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. 11. Regardless of business name,the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. C. Mobile vendor as defined in section 15.10.140(B)(98)Vending (C) of this chapter and which are allowed in accordance with table §15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 2. Mobile vendors may operate at designated locations,by permit. Policies and procedures shall be set by resolution of the City Council. 3. The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. 4. No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer, for sale, the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts, artwork,jewelry or similar goods or firewood. 6. Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations, the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. , . Mor-obilevendOFeat4smaynotr-emain in plaee evefflight ef:in City pafkiag lots, Z 8, Mobile vendor vehicles must be self-contained when operating, except for the required trash and or recycling receptacles,which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians, within their permitted lot or space. g -9- Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. 9 40- It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 10 44. Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. 67 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11 42-. Any mobile vendor base station shall be properly licensed. 1244, Mobile vendors shall comply with all City code,policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. 1344- Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. D. Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless otherwise posted. 3. Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped. 4. Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and within one foot of the curb or edge of the street. 5. Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street for more than 30 minutes or in front of any premises for any time if the owner or lessee objects. 6. An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width, when in its widest configuration. 7. The City police department has the right to close down or request a roving vendor to relocate if vending is causing or contributing to an imminent public safety hazard. 68 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 8. In addition to complying with City ordinances and permit conditions related to roving vendors, the owner and operator is responsible for applying for and obtaining all other necessary licenses required for the service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state, and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or route does not violate dity zoning code. 9. Roving vendors shall comply with all traffic rules. 10. Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 11. Any roving vendor base station must be properly licensed. 12. Roving vendors shall comply with City code,policy and procedures. Policies and procedures shall be set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for revocation or suspension of license permit by the City Clerk. 13. Roving vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected from the weather and easily visible to the public. E. Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: 1. For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. 2. Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. 3. Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and other materials brought to the site in connection with the business conducted there. 4. Transient merchants using vehicles and trailers in the operation of transient business activities authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by section 15.10.220. In no 69 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 case shall the allowed area of operation be less than rive feet from any property line,permanent structure or other transient merchant. 5. Prior to operation,vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. 6. Any additions, including,but not limited to,porches,platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. 7. Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper disposal of all garbage collected on the site. 8. The use of generators is prohibited. 9. No transient merchant shall conduct business on property owned or operated by the City except in accordance with chapter 8.10 of this Code. 10. Transient merchants shall conform to all federal, state and local laws. F. Reserved. G. Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this chapter subject to the following: 1. Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits). 2. Livestock fencing shall be no closer than five feet from a property line. 3. A City-approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or streams. 4. A City-approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. 5. Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225. 6. Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. 7. Chickens or rabbits are not allowed on lots with more than one dwelling unit. H. Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table 15.10.225 of this chapter subject to the following: 1. The facility owner or operator has submitted a license application to the State of Alaska for the corresponding type of marijuana establishment prior to operation, and maintains a current license from the state at all times the facility is in operation. 70 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 2. Marijuana establishments shall not to be located within 500 feet of the entrance of any building where religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by the state or local government, or within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school,recreation or youth facility or to the main public entrance of the building in which religious services are regularly held, or the correctional facility. The burden of proof demonstrating that the facility meets the required separation distances is the responsibility of the marijuana establishment owner or operator. 3. In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a Home Occupation use. 4. In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as an Office- Business or Professional use. 5. In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using hazardous materials in the manufacturing process are classified as a Manufacturing, Light use. 6. In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and Administrative Codes is classified as a Business - Retail Sales and Service use. I. Camping is allowed subject to the following: 1. Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in section 7.15, or in private camper parks operating under a permit, as defined in section 8.15. 2. Other than permitted camper parks, camping on privately owned lots as an accessory use to an occupied, single family home is limited to private non- commercial use and for no fee. Such occupancy shall be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping as provided in this section shall not occur earlier than April 15th and no later than September 30th 71 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 J. Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the following: 1. Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. 2. Camping units as described in [section] 15.10.140 are not permitted. For the purposes of this section, a camping unit is described as a modified camping Connex,providing living facilities for one or more persons. 3. Occupancy in an employee campground is limited to the transient workers of that industry or business granted a conditional use permit. 4. Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds. 5. Sanitary facilities shall be provided and include either permanent or portable toilets on-site. If permanent facilities are constructed, they shall conform to section 8.15.425(b). Shower facilities shall be provided and may either be on- site in conformance with section 8.15.425(b), or provided on the job site of the employer. 6. The requirements for spacing shall be at least ten feet clear space between camping units. Camping units, other than those being used for living accommodations, shall not be parked within the campground area proper. (Ord. 626, § 3, 1989; Ord. 633, §§ 3, 4, 1990; Ord. 639, 1991; Ord. 90-2; Ord. 91-1; Ord. 91-04; Ord. 92-02; Ord. 94-11; Ord. 94-25; Ord. 95-07; Ord. 95-13; Ord. 95-17; Ord. 96- 05; Ord. 97-13; Ord. 98-09, § 4; Ord. No. 2012-002, § 1; Ord. No. 2014-004, § 1; Ord. No. 2016-005, § 3; Ord. No. 2018-004, § 1; Ord. No. 2022-003, § 1, 1-24-2022; Ord. No. 2022-016, § 2, 1-9-2023) Editor's note(s�--Ord. No. 2018-004, § 1, adopted § 1, 7-9-2018 renumbered § 15.10.225, to § 15.10.226, as herein set out. Section 2.This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA the 12th day of February 2024. 72 Ordinance 2024-003 CITY OF SEWARD,ALASKA ORDINANCE 2024-003 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 73 Ordinance 2024-004 NNW- Ordinance 2024-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 7.20 — CEMETERIES AND BURIALS Documents: • Agenda Statement • Ordinance 2024-004 • Attachments: None 74 Ordinance 2024-004 City Council Agenda Statement 9 Meeting Date: January 22,2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst,Acting Community Development Director Subject: Ordinance 2024-004: Amending Seward City Code 7.20—Cemeteries and Burials Background and justification: A Seward Community Cemeteries Management Action Plan was adopted by the City Council through Resolution 1996-083. The Action Plan outlined the history of the cemeteries within Seward and provided recommendations for future development and general management and maintenance of the cemeteries. On June 23, 1997,the City Council approved Resolution 1997-094,which established cemetery fees,rules, and regulations. These rules and regulations were not codified, and through a combination of either forgetting what had been established,or insufficient means to enforce the regulations,the cemetery was not managed according to what had been established. To prevent this from happening in the future, and to provide clear directions for the management of cemeteries within the City of Seward, Title 7.20 — Cemeteries and Burials is being updated to include specific management guidelines. The Planning and Zoning Commission held work sessions on August 1 and November 21,2023,to discuss changes and recommendations for Title 7.20—Cemeteries and Burials. Our cemeteries are a treasured part of Seward and should be treated with respect and care. Codifying the regulations for managing the cemeteries in Seward will prevent them from being neglected and unorganized. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1 Chapter 2 —2.2.3 Community Appearance: "We value a clean, well- maintained community, beautification through landscaping, and restoration of our historic structures." Strategic Plan: N/A 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 75 Ordinance 2024-004 Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund(✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review e✓ Yes Attorney Signature: /s Kody P. George Not applicable Comments: Administration Recommendation e✓ Adopt AM Other: 76 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 1 of 10 CITY OF SEWARD,ALASKA ORDINANCE 2024-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE 7.20—CEMETERIES AND BURIALS WHEREAS, the cemeteries within Seward are a treasured and historic aspect of the community and should be protected and maintained in a manner that brings honor and respect to those whose graves reside there; and WHEREAS, a Cemeteries Management Action Plan was adopted in 1996 that provided recommendations for the future development and general management and maintenance of the cemeteries within Seward; and WHEREAS, on June 23, 1997, the City Council approved Resolution 1997-094, establishing cemetery fees, rules, and regulations; and WHEREAS, the rules and regulations established in Resolution 1997-094 were not codified; and WHEREAS, due to lack of visibility in code, the regulations were either forgotten or difficult to enforce, and the effects of inadequate management of city cemeteries over the past two decades has become very apparent; and WHEREAS, on August 1, 2023, and November 21, 2023, the Planning and Zoning Commission held work sessions to discuss how to improve the management of city cemeteries through updating the rules and regulations within city code. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS,that: Section 1. Seward City Code Title 7.20 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is Stfieken): Chapter 7.20. Cemeteries and Burials 7.20.010 Purpose and intent. It is the intent of this Code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial; ensure the continuity of its operation; provide for accountable record keeping; provide for protection of public property; and provide for the safety, health and welfare of the public. (Ord. 96-27) 77 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 2 of 10 7.20.015 Definitions. For the purposes of this chapter, the following terms,phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number and words in the masculine gender include the feminine. The word "will" is always mandatory and not merely directory. Burial �:,�T meafis The permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment, intimmen placement of cremains in a niche or container, or earth burial. Burial plot. fnea*s A_single platted parcel of land within a cemetery designed for interment of human remains. Includes grave,plot, site or space. Burial preparation. means The excavation, backfill and removal of excess material from a burial lot and replacement of the turf. Cremains. s The cremated remains of a deceased person. Columbarium.A structure that is desi,-nated for the interment of funerary urns holding cremains of the deceased. Cemeter.meaNs abwial park for-eat4h and^ . A private or public parcel of land used for the disposition of the remains or cremains of deceased individuals. City. ffveaffs The city of Seward. Disinterment!^*httmgi^~` mea*s The k-0 removal of the remains of a deceased person r-emains 4efn ^ g-a ,e whether buried or cremated, placed the g-round, or in a columbarium. Interment. The permanent disposition of the remains of a deceased person whether buried or cremated, placed in the zround, or in a columbarium. Interment B--H�permit. mea*s A valid city permit allowing the burial of a deceased person in any cemetery or placement in a columbarium. Interment e reservation permit. means A revocable use permit to reserve a burial plot(s) or columbarium niche(s) in the cemetery for an individual(s) that is(are) not vet deceased. Marker.Any above ground structure used for the identification of the interred and to identify the interment site. Includes headstone, memorial, monument, or niche marker. Natural Burial. The interment of the remains of a deceased person in the zround in a manner that does not inhibit decomposition but allows the remains to be naturally recycled. Natural burial is not allowed in a columbarium. Perpetual care. metes Attending to the normal and reasonable maintenance of burial lots, the grounds, walks, roadways, boundaries and structures in order that the grounds shall remain 78 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 3 of 10 and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals; removal of rubbish; general care and pruning of trees and shrubs that may be along the walks, roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers, shrubs, trees or other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials; nor the construction or reconstruction of any marble, granite, bronze or concrete work on any lot where same is damaged from any cause whatsoever. (See"gr-ave r-esen,a4ien pefmit.") Remains.Any part or parts of the body of a deceased person, includin'-cremains. Reservation. Reservin,-a burial lots) in advance of interment, and does not imply any fee simple transfer of ownership. (See "burial reservation permit.") (Ord. 96-27) 7.20.020 Generally applicable to private and public cemeteries. A. It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. There are no city or state laws governinz where cremains may be kept or scattered outside of cemeteries. A.B Permits, fees, and deposits required. 1. The applicant shall be responsible for all required city and state permits. 2. A State burial-transit permit must accompany the interment permit application. 3. A city interment/disinterment permit issued in accordance with the provisions of this chapter is required for any interment or disinterment within any cemetery within the city or under city ownership. The required permit fee is non-refundable. -2.4. City and state permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations within the city, includinz the American Lezion Cemetery,Masonic Cemetery, and Pioneers Cemetery. 5. Any individual Quing in the cemetery to prepare a burial plot for interment or disinterment is required to first obtain a free burial preparation permit. 6. A site closure deposit, Provisionally refundable, is required at the time the interment/disinterment permit is obtained. The individual who acquired the interment/disinterment permit is responsible for Providinz Proof to the city of Proper removal of excess soil and mound from the burial plot prior to issuance of a refund. 7. A marker deposit, Provisionally, refundable, is required at the time the interment permit is obtained The individual who acquired the interment permit is responsible 79 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 4 of 10 for providing proof to the city of a proper installation of a permanent marker on the interment site within one year of interment. 8. A columbarium niche marker fee is required at the time the interment permit is obtained to cover the cost for the city to have a niche plague made and permanently placed on the nice door within one year of interment. 2. The r-emains of a*y per-son may not be exhtifned withettt s4mission of a valid state of G. ems. -D.C.Records. 1. The city will permanently maintain records of all btn4 ' and exhtimation interment and disinterment activity in all private and public cemeteries within the city or under city ownership. 2. The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting btn4 ' of exhtimation locations of all interment and disinterment activity. The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. (Ord. 96-27) 7.20.025 City cemetery created. A. All that portion and parcel of lands described as the Woodlawn Cemetery Plat, dated October 17, 1916, and Lot 1, Fort Raymond Subdivision Plat No. 87-12, dated July 2, 1987, both filed in the Seward Recording District and owned by the City of Seward, are hereby set aside and dedicated for cemetery purposes as a burial place for the dead and, subject to the provisions of this chapter, are open to all persons regardless of race, creed, color, religion, er national origin, political affiliation, age, gender identification, or gender orientation. B. The historic Woodlawn Cemetery is located outside city limits ee*sider-ed to b histefie and is not open to new btn4als interments, and is not subject to marker standards. The "Ci Cemetery"at Coolidge Drive includes the Oddfellows Cemetery and the Jesse Lee Home Cemetery. C. The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots, duly numbered, and all columbaria duly located and niches numbered, and a map thereof made and available for the public to view. ff led with the eity elefk. 80 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 5 of 10 (Ord. 96-27) 7.20.030 Rules and regulations—Promulgation and authority. A. All land within the city cemetery and within any extension of the cemetery at any time hereafter made, will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city. The police power of the city is extended over all of the cemetery. B. The city manager may promulgate rules and regulations, subject to approval of the City Council, governing the use, maintenance and operation of city owned cemeteries, including but not limited to the: 1. Replat, change of boundaries or grading of any part thereof, 2. Reservation, use and disinterment of any burial site; 3. Type and size of burial markings, decorations and memorials; 4. Issuance of permits for the reservation, use, interment and disinterment of burial sites; 5. Establishment of fees for service and permits issued in connection with the cemetery; 6. Interment locations, space, capacity; 7. General access including pedestrian and vehicle traffic; and 8. Maintenance, landscaping, care, construction, repairs and grave burial site preparation. C. Within the guidelines established by said rules and regulations, the city manager will have the final administrative responsibility for management of city owned cemeteries. (Ord. 96-27) 7.20.035 Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof, to modify, change location, move or regrade roads, drives, walks or any part thereof, to lay, maintain, operate, alter or change pipelines, gutters, sprinkler systems or drainage; and to relocate grave burial sites or allow disinterment upon proper legal authority. The city reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance, operations, or any emergency work necessary to the operation of the cemetery. (Ord. 96-27) 7.20.0401I Interment site reservations. A. Upon establishment of rules and procedures by City Council resolution, burial sites may be reserved for an individual not vet deceased, on a first come, first served basis by any person for himself or immediate family members to a maximum of ten burial sites. In order 81 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 6 of 10 to encourage family grave lot use and to discourage institutional speculation, funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. B. The city manager will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation. The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. C. Bttr-ial Interment site reservation rights to any unused plot may be relinquished to the city but may not be sold to a third parry. D. Reservation fees for a space vacated due to exhtimatio disinterment will not be refunded, and the btn4al interment site will return to the pool of unreserved sites. E. The individual holdinz an interment site reservation is responsible for contactinz the city and renewin,-their reservation permit every 5 years. If the permit has not been renewed the city reserves the ri,-ht to release the reserved site. 1. No fee will be charged for renewal or release of a reserved plot. 2. Interment site reservation fees are non-refundable. (Ord. 96-27; Ord. No. 2023-008, § 1, 4-10-2023) 7.20.045 Cemetery funding. In order to provide for the management, operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arising from burial site reservations, operation fees, donations and other sources to be exclusively used, under the direction of the City Council, in payment for operations and improvements to the cemetery. (Ord. 96-27) 7.20.50 Grave Burial preparation and use of columbaria. and femevals will be in aaee--A��pp A. Standards for burials: 1. Applicant will be responsible for city and state permits, burial plot openin'-s, closings, site preparation, interments, disinterments, and marker placement accordin'-to the re,-ulations of this Chapter 7.20. 2. Full-size plots shall be a maximum dimension of 5 feet wide by 10 feet, and a minimum depth of six feet, with a minimum of 42"of depth between the-round surface and the top of the casket or remains. 3. Cremains plots shall be a maximum dimension of 2 feet by 2 feet, and deep enou,-h to allow 24"between the-round surface and the top of the urn or ceemains. 4. Only one deceased person shall be buried in one burial plot. 82 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 7 of 10 5. Excavated materials shall not be placed, even temporarily, upon another-rave site. Materials shall be placed or stored off site or in a vehicle. 6. The-round surface of all burial plots shall be maintained at the same elevation as the surrounding surface. B. Use of columbaria: 1. Applicant will be responsible for all required city and state permits. 2. The cremains of more than one deceased person may be interred in one columbarium niche provided that the applicable fees and permits are paid and the urn is labeled with the permit number. 3. Cremains must be contained in a durable container such as a funerary urn. 4. Applicant will be required to pay a niche marker fee to cover the cost for the city to have a plaque made and permanently placed on the niche door. 5. The city will be responsible for openin,- and closin,-the niche at no additional cost to the applicant. 6. Applicant is responsible to notify the city at least one week prior to the desired date for a niche openin,- and closing. (Ord. 96-27) 7.20.055 Standards for gee burial markers and decorations. A. No memar-ial marker will be accepted which does not conform to the following standards: 1. No more than (1) marker per plot shall be allowed 2. Markers may not be lamer than 4 feet by 2 feet at the base and 3 feet in hei,-ht. 3. Markers must be constructed of materials that will not decay, rot, or decompose. 4. Upri,-ht markers must be set on and affixed to a sin,-le poured concrete or'-ranite base. B. Plants and Decorations 1. Placement of flowers and plants. Live plants, freshly cut flowers, wreaths, or flower baskets may be placed on or immediately adiacent to a marker on an interment location. Flowers shall not be placed in Mass or ceramic vases, or attached to trees, shrubs, fences, or -ates. 2. Placement of other decorations. Fi,-urines, statues, balloons, personal items, and other similar decorations are not allowed in the cemetery and are subiect to removal by the city as described below. 3. Removal of decorations. The city shall conduct regular-round maintenance and will remove all decorative items and unsi,-htly plants/flowers from interment locations at the city's discretion. The city will not be responsible for providin'-advance notice of when maintenance activities are to occur. The city assumes no responsibility for the return of 83 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 8 of 10 items placed on an interment location. Items disposed of by the city will not be recoverable. 4. Responsibility for decorations.Any decoration placed by any individual is the responsibility of that individual. The city does not guarantee that any items placed on any interment site or columbarium niche will be protected in any way from the elements, wildlife, thieves, or vandals.All items placed are at the risk of the individual and subiect to disposal by the city. The city is not responsible for damaze or liable for the return of items placed on or near an interment location. (Ord. 96-27) 7.20.060 Care of cemetery. A. The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. B. Maintenance includes mowin,-at reasonable intervals, removal of rubbish, zeneral care and pruninz of trees and shrubs that may be alon'-the walks, roadways, and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers, shrubs, trees or other plants on any lots and burial spaces, nor the repairin'-, removal, replacement, reconstruction or maintenance of markers or memorials; nor the construction or reconstruction of any marble, zranite, bronze or concrete work on any plot where same is damazed from any cause whatsoever. &C.The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage, but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions. The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief or accidents. (Ord. 96-27) 7.20.065 Enforcement. The city manager or his designated representative will enforce all cemetery regulations. (Ord. 96-27) 7.20.070 Prohibited acts. A. Deposit of materials. No person will deposit any rubbish, filth, waste or other unclean or unsightly substance in the cemetery. B. Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code. Vehicles may not exceed a speed of 10 MPH. No vehicle 84 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 9 of 10 may enter the cemetery except for the purpose of attending funerals, visiting graves or other lawful mission. C. Nuisance conditions designated—Abatement. Any existing tree, shrub,plant, fencing or other structure, enclosure, decoration, headstone, tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. D. Planting of trees, etc., iff0hibited..ithetA val of 1y. No person may plant or set any tree, shrub, flower, grass or other plant of any kind in the cemetery withetit eity appfeval. E. Animals. It is unlawful to ride or drive any animal upon, over or across the lands or lots of any cemetery except on established vehicle ways; or to hitch or tie any animal to any trees, shrubs,plants or other ornament within any cemetery, or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. F. Noise. It is unlawful for any person, except a city employee or contractor in the performance of his duty in caring for the cemetery, to willfully make any unnecessary noise or disturbance within the cemetery. G. Fences. No person may construct enclosures, such as picket fences or anything else that establishes a perimeter around an interment site. H. Benches. No person may place a bench on a burial plot or on cemetery grounds. (Ord. 96-27; Ord. No. 2023-008, § 1, 4-10-2023) 7.20.075 Violations—Penalties. Any person, firm or corporation who violates any provision of this chapter will, be subject to a fine as provided in section 1.05.010. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. (Ord. 96-27; Ord. No. 2023-008, § 1, 4-10-2023) Section 2. This ordinance shall take effect ten (10) days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 121h day of February 2024. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: 85 Ordinance 2024-004 CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 10 of 10 ATTEST: Kris Peck City Clerk (City Seal) 86 Resolution 2024-004 • Resolution 2024-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A LOAN WITH THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION-DRINKING WATER FUND FOR $1,905,000.00 WITH A FORGIVENESS OF $1,500,000.00 LEAVING A BALANCE OF $405,000.00 TO BE FUNDED BY THE CITY OF SEWARD FOR THE LOWELL CANYON WATER TANK REPLACEMENT AND APPROPRIATING FUNDS. Documents: • Agenda Statement • Resolution 2024-004 • Attachments: o 2024 Alaska Drinking Water Fund Priority List 87 Resolution 2024-004 City Council Agenda Statement 9 Meeting Date: January 22, 2024 To: City Council Through: Kat Sorensen, City Manager From: Doug Schoessler, Public Works Director Subject: Resolution 2024-004: Authorizing The City Manager To Apply For A Loan With The Alaska Department Of Environmental Conservation-Drinking Water Fund For $1,905,000.00 With A Forgiveness of $1,500,000.00 Leaving A Balance Of$405,000.00 To Be Funded By The City Of Seward For The Lowell Canyon Water Tank Replacement and Appropriating Funds Background and justification: Seward's water supply system is dependent on well water stored in Lowell Canyon. The Lowell Canyon tank facility has two water storage tanks. The newer and larger tank is 400,000 gallons in size and is a primary storage tank for drinking water for the city. The second tank is 200,000 gallons and is used as a secondary source of water. A 2011 engineering survey of the water tanks conducted by Wince-Corthell- Bryson Consulting Engineers. That study showed the 400,000-gallon tank was in disrepair and recommended the interior and exterior of the tank be recoated. This refurbishment was successfully completed in 2018. The same survey showed that the 200,000-gallon tank is in poor condition and recommended it be taken out of service and replaced. Replacing the tank with a larger 500,000-gallon tank would meet Seward's increasing water supply needs. The estimated cost to replace the 200,000-gallon tank with a new 500,000-gallon tank is $1.905,000. The DEC - Drinking Water Fund will provide forgiveness of$1,500,000 leaving a loan balance of$405,000. We also have $222,914.29 in the Lowell Canyon Water Storage Tank Fund to put toward this project. The State Revolving Fund(SRF)loan requires the City to commit to the State of Alaska(ADEC)intent to fund$1,900,000 for The Lowell Canyon Water Tank Replacement,with an estimated principal forgiveness of$1,500,000 for a total repayment of$405,000 from the State of Alaska Department of Environmental Conservation Drinking Water Fund.The repayment terms are over 10 years at the lowest rate of interest available to ADEC Drinking Water Fund, subject to annual appropriations. Unfortunately, the Water Fund does not have adequate cash reserves to fund the project without assistance.However,the most recent Financial Capacity Assessment found the fund healthy enough to cover existing and potential loan obligations.The Water fund generates sufficient revenue to fully pay anticipated expenses attributed to the operation of the water system and pay all debt service for existing loans and the proposed SRF loan. Seward's water supply needs continue to increase with new housing and business infrastructure being built each year. This project award is an incredible funding opportunity and will meet the water storage needs for clean drinking water in the City of Seward. 88 Resolution 2024-004 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2030 Volume I 3.7.1.4 Strategic Plan: Other: 2023-2024 Budget book, Capital Improvement Plan Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation(✓): Creates revenue in the amount of. $ Creates expenditure in amount of. $ Creates a savings in the amount of: $ X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Fund Balance Information Affected Fund(✓): General SMIC Electric Wastewater Boat Harbor Parking FX Water F1 Healthcare Motor Pool Other Lowell Canyon x Water Tank fund Note:amounts are unaudited Available Fund Balance $ $222,914.29 Finance Director Signature: 04�etl 1,7 Attorney Review Yes Attorney Signature: Not applicable Comments: Administration Recommendation eAdopt Resolution Other: 89 Resolution 2024-004 Sponsored by: Sorensen CITY OF SEWARD,ALASKA RESOLUTION 2024-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A LOAN WITH THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION-DRINKING WATER FUND FOR $1,905,000.00 WITH A FORGIVENESS OF $1,500,000.00 LEAVING A BALANCE OF $405,000.00 TO BE FUNDED BY THE CITY OF SEWARD FOR THE LOWELL CANYON WATER TANK REPLACEMENT AND APPROPRIATING FUNDS. WHEREAS,the Lowell Canyon water storage tanks are essential to the water supply for the City of Seward; and WHEREAS, staff completed and submitted the required questionnaire to for loan funding being offered by the Alaska Drinking Water fund, and WHEREAS, a 2011 engineering survey by Winc e-C orthell-Bry son Consulting Engineers showed the 400,000-gallon tank was in disrepair and recommended the interior and exterior of the tank be recoated. That tank refurbishment was completed in 2018; and WHEREAS, the same survey recommended that the 200,000-gallon tank be taken out of service for replacement; and WHEREAS, the State of Alaska DEC Drinking Water Fund has loan/grant funds for replacing the Lowell Canyon water tank including engineering, contracting/construction and administration for up to $1,905,000 with forgiveness of$1,500,000; and WHEREAS,utilizing these"Drinking Water"loan/grant funds is an excellent opportunity to reduce the city taxpayer's capital cost liability for the Lowell Canyon Water Tank replacement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City of Seward hereby confirms its commitment to the State of Alaska (ADEC)and its intent to fund$1,905,000 for the Lowell Canyon Water Storage Tank Replacement, with an estimated principal forgiveness of$1,500,000 for a total repayment of$405,000 subject to receiving a loan from ADEC. Section 2. The City Council hereby authorizes the City Manager to accept the loan grant funding and enter into a loan agreement with ADEC for$405,000,with the remaining $1,500,000 forgiveness of the total of the loan grant agreement of$1,900,000. 90 Resolution 2024-004 CITY OF SEWARD,ALASKA RESOLUTION 2024-004 Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to affect a $405,000 loan from ADEC, the terms of its repayment over 10 years at the lowest rate of interest available to ADEC Drinking Water Fund, subject to annual appropriations, including but not limited to an agreement for the loan and a promissory note. Annual loan payments shall not exceed $24,768.00. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska this 22na day of January 2024. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 91 Resolution 2024-004 a O N O O O N O NO O O N N n O\I �.y I �I1 ( VI � 1!1 ^ pl pf n •^I OCCEOccm C C IL ', LL LL IL IL IL � C IL X IXL X LL lL X X X u LL C O W O 3 S g E o '^ u a N 10r1 IOrI m N N N N N N N N N M M N N m cc co o i S f S S S N ul u N VI N N N {A N N N N W W N al w W W W ai W W N 8� P QSP p 8P pQF (pp- P P F 1pp- O W v T tD O O O $ O o 8 VI V S S pNp N S p I^/1 f�+l pO1 N Ol V Ol M .-j rj rj N N 1f1 y� N N VNf N H N N N N N N N N as w E c c 'm c C N No q C'° O C O O G C m E W �' c L s m an d m 1O ° co- r '3 Ina m o o m `m w c ° y m 3 m v w o w o o '� 10 a '" c Yn d m d w m Y w v E 3 c c c m «`y. 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N y «. e U c w CE '" > c w i w > c v " n E n o 3 " Y ° m E c ui m S p a o E v v a c Yni E m > N E m �° ~ E a ~ E A c .�on v 9 a v Z m E m o m w v A °i v 3 m = c m 3 „ w g m m �`, m pa o v 0 3 5 c.o f 3 n �n v 8 3 u�`o E 3 o f S 3 3 > 3 c 3 m M E u3i m > A a I- aC m u w m m m a > > u c to c 3 aci p p E A o u u a O O pY pY N O 'y m p^1 u^f uW1 1$0 O pM1 T E at N be hebeY be N N N " N N N N N N 1r7 N M N N Y � Y "' Y Y � `-' Y Y "" a a a a a a a a a a a a _ r , x x x x Nx x x x x x x x O O N N N N ti H O O .M-1 �M-1 rl ei .Y N rl rl rl N o M O N W m p1 �0-1 rl I rl ti ti N N rl co eel ei \ 92 Resolution 2024-005 NNW- Resolution 2024-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RESOLUTION 2023-140 TO CORRECT SECTION 2. FUNDING Documents: • Agenda Statement • Resolution 2024-005 • Attachments: Resolution 2023-140 with proposed amendment 93 Resolution 2024-005 City Council Agenda Statement 9 Meeting Date: January 22, 2024 To: City Council Through: Kat Sorensen, City Manager From: Sully Jusino, Finance Director Subject: Resolution Of The City Council Of The City Of Seward, Alaska, Amending Resolution 2023-140 To Correct Section 2. Funding. Funding In The Amount Of$63,365.00 Is Hereby Appropriated Into The Smic Hypochlorite Generator Project Fund 17332-0000-7010 Engineering Expense Account. Background and justification: The City Council passed Resolution 2023-092 authorizing a loan from the Alaska Drinking Water Fund with an intent to fund $476,000 with an estimated principal forgiveness of $238,000 for a total repayment of $238,000 for the SMIC Hypochlorite Generator Pumphouse Addition Project for design and construction. On December 18, 2023, the City Council passed Resolution 2023-140: Authorizing Professional Design Services to CRW Engineering Group, Inc., in The Amount Of $63,365.00 For Design and Engineering Services to Complete the Construction Of The SMIC Hypochlorite Generator Project. The finance department noted a bookkeeping error in section 2 of the resolution. Funding in the amount of$63,365.00 is hereby appropriated into the SMIC Hypochlorite Generator Project Fund 17332-0000-7010 engineering expense account. 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: 94 Resolution 2024-005 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Fund Balance Information Affected Fund (): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ Finance Director Signature: 47 Attorney Review Yes Attorney Signature: ✓ Not Comments: applicable Administration Recommendation ✓ Adopt Resolution Other: 95 Resolution 2024-005 Sponsored by: Finance Director CITY OF SEWARD,ALASKA RESOLUTION 2024-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING RESOLUTION 2023-140 TO CORRECT SECTION 2. FUNDING WHEREAS, on December 18, 2023, City Council passed Resolution 2023-140: Authorizing Professional Design Services To CRW Engineering Group, Inc. hi The Amount Of $63,365.00 For Design And Engineering Services To Complete Construction Of The SMIC Hypochlorite Generator Project; and WHEREAS, the City Finance Director noted "the account no. 17000-42002-3400 unassigned fund balance to account for no 17000-4002-7010 engineering expense account" displayed on the original resolution was incorrect; and WHEREAS, the expense will be charged to the fund created; and WHEREAS, funding in the amount of$63,365.00 is hereby appropriated into the SMIC Hypochlorite Generator Project Fund 17332-0000-7010 engineering expense account; and WHEREAS, Section 2 of Resolution 2023-140 will be corrected with this amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby approves the contract for the design and engineering of the Hypochlorite Generator Project with CRW Engineering Group, Inc. Section 2. Funding in the amount of$63,365.00 is hereby appropriated into the SMIC Hypochlorite Generator Project Fund 17332-0000-7010 engineering expense account. Section 3. The City Manager is hereby authorized to execute all documents that may be necessary for the above Professional Design Services. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January 2024. 96 Resolution 2024-005 CITY OF SEWARD, ALASKA RESOLUTION 2023-005 THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 97 Resolution 2024-005 Sponsored by: Sorensen Amended: January 22, 2024 with Resolution 2024-005 CITY OF SEWARD, ALASKA RESOLUTION 2023-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PROFESSIONAL DESIGN SERVICES TO CRW ENGINEERING GROUP, INC. IN THE AMOUNT OF $63,365.00 FOR DESIGN AND ENGINEERING SERVICES TO COMPLETE CONSTRUCTION OF THE SMIC HYPOCHLORITE GENERATOR PROJECT. WHEREAS, on August 14, 2023, City Council passed Resolution 2023-092 authorizing a loan from the Alaska Drinking Water Fund with an intent to fund $476,000 with estimated principal forgiveness of $238,000 for a total repayment of$238,000 for the SMIC Hypochlorite Generator Pumphouse Addition Project for design and construction, and WHEREAS, CRW Engineering provided excellent engineering services for the North Seward Water Treatment Plant and has the proven expertise and local experience to design the addition of a Hypochlorite Generator for the SMIC water pumphouse, and WHEREAS, CRW Engineering provided staff with a comprehensive scope and estimated cost for the project design, and WHEREAS, staff reviewed the proposed scope with listed deliverables and approved it as written. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby approves the contract for the design and engineering of the Hypochlorite Generator Project with CRW Engineering Group, Inc. . e3�Epo e aeeetmt. Section 2. Funding in the amount of$63,365.00 is hereby appropriated into the SMIC Hypochlorite Generator Project Fund 17332-0000-7010 engineering expense account. Section 3. The City Manager is hereby authorized to execute all documents that may be necessary for the above Professional Design Services. Section 4. This resolution shall take effect immediately upon adoption. 98 Resolution 2024-005 CITY OF SEWARD,ALASKA RESOLUTION 2023-140 Page 2 of 2 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 18th day of December 2023. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: Osenga, Finch, Barnwell, Crites, Calhoon, Wells, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck City Clerk (City Seal) 99 Resolution 2024-006 NNW- Resolution 2024-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THE STATE OF ALASKA LEGISLATORS MAKE A MEANINGFUL INCREASE TO THE BASE STUDENT ALLOCATION (BSA) FOR PUBLIC SCHOOLS. Documents: • Agenda Statement • Resolution 2024-006 • Attachments: None 100 Resolution 2024-006 City Council Agenda Statement Meeting Date: January 22, 2024 ► To: City Council From: Sue McClure, Mayor; Robert Barnwell, City Council Member Agenda Item: Resolution 2024-006: Requesting The State of Alaska Legislators Make a Meaningful Increase To The Base Student Allocation (BSA) for Public Schools Background and justification: The council recognizes that our public schools are an essential component of our community and its health. They must have adequate state funding in order to continue delivering the quality education and activities. The Kenai Peninsula Borough School District is currently looking at a 13-million-dollar deficit. If a substantial increase in funding does not occur, catastrophic effects, including reduction in staff, reduction in programs, and possible closing of facilities are very real possibilities. The Superintendent of Schools has asked for support from Kenai Peninsula municipalities. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 2.2.5 Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers 101 Resolution 2024-006 Available Unrestricted Cash Balance*: $ Finance Director Signature: Attorney Review,/ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 102 Resolution 2024-006 Sponsored by: Mayor McClure; Council Member Barnwell CITY OF SEWARD,ALASKA RESOLUTION 2024-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THE STATE OF ALASKA LEGISLATORS MAKE A MEANINGFUL INCREASE TO THE BASE STUDENT ALLOCATION (BSA) FOR PUBLIC SCHOOLS WHEREAS, the State of Alaska is constitutionally obligated to establish and maintain a system of public schools; and WHEREAS, under AS 29.35.160, the Kenai Peninsula Borough (KPB) is required to constitute a borough school district and to establish, maintain, and operate a system of public schools on an areawide basis; and WHEREAS, AS 14.17.470 currently states that the Base Student Allocation (BSA) provided by the state is $5,960; and WHEREAS, at current funding levels, the state will only provide 56% for Fiscal Year 2024. Kenai Peninsula Borough School District(KPBSD)education funding, and Kenai Peninsula Borough contributions will make up the majority of the remaining balance; and WHEREAS, education is the single largest budgetary item for the borough; and WHEREAS, without a BSA increase or one-time funding the Kenai Peninsula School District will again be facing a budget deficit of over $13 million for FY25 which will require an increase to class sizes and the elimination of programs crucial to our students and community members; and WHEREAS,requiring the KPB to continually increase local contributions,which are now at their maximum allowable amount, is forcing the district to decrease spending on essential programs for the upcoming fiscal year; and WHEREAS, the state has not made meaningful BSA increases since Fiscal Years 2015- 2017; and WHEREAS,the State has given a one-time funding to Alaska's schools for the past several years; and WHEREAS, these one-time funds are beneficial for a current year but don't contribute to a permanent solution, effectively "kicking the can town the road"to be discussed again each year; and WHEREAS, on January 2, 2024, the Kenai Peninsula Borough Assembly approved Resolution 2024-002 to request that the State of Alaska make a meaningful increase to the Base 103 Resolution 2024-006 CITY OF SEWARD,ALASKA RESOLUTION 2024-006 Student Allocation for public schools; and WHEREAS, the Seward City Council joins the borough assembly in this request to the state in the interest of providing students with the most opportunities for education possible. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby requests that State of Alaska legislators make a meaningful increase to the Base Student Allocation(BSA)for Alaskan students in order to bridge the fiscal gap created by a lack of adequate funding over the past several years. Section 2.Copies of this resolution will be sent to Alaska Governor Dunleavy,all members of the legislative delegation for the Kenai Peninsula Borough, the Kenai Peninsula Borough Mayor, the Kenai Peninsula Borough School District, the Alaska Education Committees in both the Senate and House, and other interested parties. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of January 2024. THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 104 Resolution 2024-007 NNW- Resolution 2024-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2024 TO JANUARY 2025 Documents: • Agenda Statement • Resolution 2024-007 • Attachments: None 105 Resolution 2024-007 City Council Agenda Statement . Meeting Date: January 22, 2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst, Acting Community Development Director Subject: Resolution 2024-007: Approving the Planning and Zoning Commission Priorities for January 2024 to January 2025 Background and justification: Under the direction of the City Council,the Planning and Zoning Commission establishes priorities annually. During discussions throughout 2023 and especially at the end of the year while the Commission reviewed the Municipal Lands Management and Inventory Plan, the Commission discussed and updated their priorities for 2024. The attached Resolution contains the updated priorities meant to guide the Planning and Zoning Commission during the year 2024. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: The priorities of the Commission are based on the goals and objectives established in the Comprehensive Plan. Strategic Plan: N/A Other: N/A 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 106 Resolution 2024-007 Fund Balance Information Affected Fund(✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review FYes Attorney Signature: v] Not applicable Comments: Administration Recommendation e✓ Adopt AM Other: 107 Resolution 2024-007 Sponsored by: Planning and Zoning Commission CITY OF SEWARD,ALASKA RESOLUTION 2024-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PLANNING AND ZONING COMMISSION PRIORITIES FOR JANUARY 2024 TO JANUARY 2025 WHEREAS, the Seward City Code §2.30.225(B) states that "the Commission shall act in an advisory capacity to the City Council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the City Council"; and WHEREAS,the Planning and Zoning Commission discussed their priorities during the review of the Municipal Lands Inventory and Management Plan at the end of 2023; and WHEREAS, the Planning and Zoning Commission approved Resolution 2024-006 requesting that Council approve the below stated priorities. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1.The City Council hereby approves the following list of priorities for the Planning and Zoning Commission for January 2024 to January 2025: SHORT TERM (2024) SPECIFIC PRIORITIES • Through powers of the Commission, contribute and collaborate as needed to help be part of the solution for the housing issues that Seward is facing including recommending changes to the Muni Land Plan and Title 15. • 2030 Comprehensive Plan Review and Update Recommendations: Hold a public hearing to do a preliminary update identifying items that have been `completed' in the Comprehensive Plan. Hold work sessions to discuss a plan for carrying out a more extensive update to the Comprehensive Plan to be implemented by 2025. • Revise requirements for Conditional Use Permits: Create a higher standard for applications and approved developments and improve compliance. • Attend a joint work session with Seward Bear Creek Flood Board, Parks and Recreation, and Trout Unlimited Alaska: Discuss the NFWF Coastal Resiliency grant and its use in the waterfront restoration. 108 Resolution 2024-007 CITY OF SEWARD,ALASKA RESOLUTION 2024-007 ONGOING PRIORITIES • Review and make recommendations to update Title 15 as needed. (Title 15 is a living document and keeping it current is part of the role of Community Development and the P&Z Commission.) Topics to address this year include signs, height restrictions,parking, development standards, etc. • Review and update the Municipal Lands Inventory and Management Plan (MLIMP) to meet the current and future needs of the City of Seward. (Annual Review at Regular meeting in September.) • Promote public interest and understanding for the upcoming review process of the Comprehensive Plan (Different pieces of the comprehensive plan can be reviewed each year to help keep up to date before the official review every 10 years. Code requires that we have one public hearing on an annual basis and recommendations shall be forwarded to council for consideration.) • Look at current and future community needs to identify a wide range of strategies, including land use and zoning changes,to support the long-term vitality of the City. • Joint Work sessions with Seward Bear Creek Flood Board regarding city/borough projects: Lidar mapping, Flood mitigation, Airport, Second Avenue culvert project, Resurrection River, Japanese Creek, Lowell Canyon, Beach revitalization project (Annual Joint Work session) • Work with PACAB on the Seward Marine Industrial Center (SMIC) new zoning overlay and development plan (Annual Joint Work session) • Work with Historic Preservation Commission to develop methods to preserve the historic downtown (Annual Joint Work session) • Planning & Zoning Commissioner education and training (Annual trainings for both procedure and content) Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska this 22na day of January 2024. 109 Resolution 2024-007 CITY OF SEWARD,ALASKA RESOLUTION 2024-007 THE CITY OF SEWARD,ALASKA Sue McClure,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 110 AGENDA STATEMENT Meeting Date: January 22, 2024 From: Jodi Kurtz, Deputy City Clerk Agenda Item: Non-Objection for Renewal of Marijuana License Application BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object this renewal of marijuana license for the following business: Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type: Retail Marijuana Store License: 17758 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the marijuana license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above marijuana license, then under Alaska Statutes the City of Seward will be required to assist in or undertake the defense of its protest. RECOMMENDATION: Non-objection to the renewal of marijuana license for The Tufted Puffin, LLC, #17758, Marijuana. RECEIVED JAN 0 3 2024 OFFICE OF THE CITY CLERK MEMORANDUM Date: December 18, 2023 To: Naneth Ambrosiani Finance/Leases John Rymer Finance/Public'Utilities Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jodi Kurtz, Deputy City Clerk RE: Verifying compliance for the RENEWAL of a marijuana license for 2023/2024. The following business has applied for a marijuana license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Tufted Puffin, LLC Licensee: The Tufted Puffin, LLC Type of License: Retail Marijuana Store License Number: 17758 Location: 216 Fourth Avenue, Unit 2 Department Status Initials Finance/Leases Finance/Utilities Police Chief Fire Chief Deadline for protest: Tuesday,February 13, 2024 (60 days from receipt of notification) Last regular council meeting for approval: Monday, January 22, 2024 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday,January 16, 2024 112 of j rye THE STATE Department of Commerce,Community, � and Economic Development © 1 111KA ALCOHOL& MARIJUANA CONTROL OFFICE GOVERNOR MIKE DUNLEAVY 550 West 7th Avenue,Suite 1600 Anchorage,AK 99501 �P ALA9 Main:907.269.0350 December 11, 2023 RECEIVED From: mariivana.licensine@alaska.gov;amco.localeovernmentonly@alaska.eov DEC 112023 Licensee:Tufted Puffin,LLC OFFICE OF THE DBA:THE TUFTED PUFFIN LLC CITY CLERK VIA email:tuftedPuffinllc@email.com Local Government:City of Seward/Kenai Peninsula Borough Via Email:kpeck@cityofseward.net;clerk@cityofseward.net; micheleturner@kpb.us;tward@kpb.us; mienkins@kpb.us; nscarlett@kpb.us; mboehmler@kpb.us; rraidmae@kpb.us;slopez@kpb.us; bcarter@kpb.us; mquainton@kpb.us Community Council: Via Email: Re:Retail Marijuana Store#17758 2023-2024 Combined Renewal Notice License Number: #17758 License Type: Retail Marijuana Store Licensee: Tufted Puffin LLC Doing Business As: THE TUFTED PUFFIN LLC Physical Address: 216 4th Ave.Unit 2 Seward,AK 99664 Designated Licensee: Jennifer Wells Phone Number: 907-947-3349 Email Address: uftedpuffinllc@gmaiI.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: After reviewing your renewal documents,AMCO staff has deemed the application complete for the purposes of 3 AAC 306.035(c). Your application will now be sent electronically, in its entirety, to your local government, your community council (if your proposed premises is in Anchorage or certain locations in the Mat-Su Borough), and to any 113 . . non-profit agencies who have requested notification of applications. The local government has 60 days to protest your application per 3AA[]O6.O6O. At the May 15, 2017 Marijuana Control Board meeting,the board delegated to AMCO Director the authority to approve renewal applications. However,the board is required to consider this application independently if you have been issued any notices of violation for this license, if your local government protests this application, or if a public objection to this application is received within 30 days of this notice under 3AA[]O6.OGS. If AMCO staff determines that your application requires independent board consideration for any reason, you will be sent an email notification regarding your mandatory board appearance. Upon final approval, your 2023/2024 license will be provided to you during your annual inspection. If our office determines that an inspection is not necessary,the license will be mailed to you at the mailing address on file for your establishment. Please feel free to contact us through the email address if you have any questions. Dear Local Government: AMCO has received a complete renewal application and/or endorsement renewal application for a marijuana establishment within your jurisdiction. This notice is required under 3AAC 306.035(c)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060,you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 dads of the date of this notice and provide AKX[O proof of service of the protest upon the applicant. 3 AAC 306.060 states that the board will uphold a local government protest and deny an application for a marijuana establishment license unless the board finds that a protest by a local government is arbitrary, capricious,and unreasonable. |f the protest isa "conditional protest"as defined in3AAC3OG.O6O(d)(J) and the application otherwise meets all the criteria set forth by the regulations,the Marijuana Control Board may approve the license renewal, but require the applicant to show to the board's satisfaction that the requirements of the local government have been met before the director issues the license. At the May 15, 2017, Marijuana Control Board meeting,the board delegated to AMCO Director the authority to approve renewal applications with no protests,objections,or notices of violation. However,if a timely protest or objection is filed for this application, or if any notices of violation have been issued for this license,the board will consider the application. In those situations,a temporary license will be issued pending board consideration. |f you have any questions, please email . Dear Community Council (Municipality of Anchorage and Mat-Su Borough only) AMCO has received a complete renewal application for the above listed license within your jurisdiction.This notice is required under 3AAC3O6.O]5(c)(2). Application documents will ba sent to you separately via ZendTo. To object to the approval of this application pursuant to 3 AAC 306.065,you must furnish the director and the applicant with a clear and concise written statement of reasons for the objection within 30 days of the date of this notice.We recommend that you contact the local government with jurisdiction over the proposed premises to share objections you may have about the application. . . At the May 15, 2017, Marijuana Control Board meeting,the board delegated toAK8[O Director the authority to approve renewal applications with no protests,objections,or notices of violation. However, if a timely protest or objection is filed for this application,or if any notices of violation have been issued for this license,the board will consider the application independently. In those situations,a temporary license will be issued pending board consideration. |f you have any questions, please email Sincerely, Joan M.Wilson, Director 907-269-0350 PENi Office of the Borough Clerk Michele Turner, CNC Borough Clerk Friday, January 5, 202 Sent via email: clerk@cityofseward.net Kris Peck' City Clerk City of Seward RE: Renewal Application for Retail Marijuana Store Business Name The Tufted Puffin, LLC License Location Sovvord/2l6 Fourth Ave. Unit 2' Seward, /\K99664 License No. 17758 Dear Mr. Peck, This serves toadvise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, ^/K ~ ' "A Michele Turner, Ck4C Borough Clerk cc: tuMedpuMinUc@>gmoiicom omco]oca|Qovemmenton|y@o|osko.gov City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8,Page CALL TO ORDER The November 7, 2023 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathanial Charbonneau led the Pledge of Allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Nathaniel Charbonneau Brenan Hornseth Sean Ulman Comprising a quorum of the Commission; and Courtney Bringhurst, Acting Community Development Director Kris Peck, City Clerk Excused—None Absent—None Vacancies- Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (CharbonneauNerhey) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the October 3, 2023 Planning and Zoning Commission Meeting Minutes SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards —None City Administration Report. Acting Community Development Director Courtney Bringhurst noted her written report in the packet. Bringhurst added that the Kenai Peninsula Borough was moving forward with 117 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8,Page a"Safe Streets and Roads for All"grant and all communities within the KPB would be taking part. One such project would be extending the sidewalk from the Seward Elementary School to connect with Safeway.Another project would be to redirect larger vehicles to use Alameda and Leier Road. Other Reports and Announcements—None Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-018: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of Fort Raymond Subdivision, Replat Number 5, Lot 6A-4; Located at 605 Sea Lion Ave; Creating Fort Raymond Subdivision, Replat Number 6, Lots 6A-5 and 6A-6 Motion (CharbonneauNerhey) Approve Resolution 2023-018 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. Charbonneau said this resolution was a fairly straightforward clean up. Motion Passed Unanimous Resolution 2023-019: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of Fort Raymond Subdivision, Replat Number 1, Lot 10A; Located at 905 Sea Lion Ave; Creating Fort Raymond Subdivision, Replat Number 7, Lots 10A-1 and 10A-2 Motion (CharbonneauNerhey) Approve Resolution 2023-019 Bringhurst summarized the agenda statement and recommended approval of the resolution. She noted this replat was related to Seward City Tours Land sale with the city. Sullivan asked about the sidewalk. Bringhurst said the sidewalk would be rerouted across the northern portion of Sealion Avenue and then along the Seward Highway. Hornseth asked what the issue was with the Dimond Boulevard right-of-way. Bringhurst said it was more appropriate to create pedestrian access going around the parcel. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Jonah Swiderski, outside city limits, said he was the owner of Seward City Tours and he was available for questions. Swiderski provided an overall summary of his business plan. 118 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8,Page No one else appeared and the public hearing was closed. Charbonneau said he was overall opposed to selling city land for any purpose other than housing. He felt leasing was the best option for this land. Eventually the city would have to replace the income of losing leased land. Ulman wanted more background on the city administration involvement with this resolution. Bringhurst explained that City Council had approved a resolution in September for Seward City Tours to buy this property. The resolution tonight was simply a replat of the property. Sullivan said owning the land was an advantage for getting loans. Given the fact that council directed this sale to happen, the task tonight was to look only at the replat. Motion Passed Yes: Hornseth,Verhey,Ulman, Sullivan No: Charbonneau UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2023-020: of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Adoption of the Municipal Lands Inventory and Management Plan —2023 Update Motion (Charbonneau/Verhey) Approve Resolution 2023-020 Bringhurst summarized the updates and edits to the Municipal Lands Inventory and Management Plan. Sullivan appreciated all the work that had been done on this document. Charbonneau directed the commission to page 122 of the PDF packet.He felt that the parcel was not appropriate for additional parking for Two Lakes Trail. The area was disconnected from the park and led to a steep gravel hill that was not intended to be an access. There was already a proper parking lot in place that was right next to the trailhead. Charbonneau felt the best use of the parcel would be to rezone to R1 and sell the land so a house could be built there. Motion to Amend 41 (Charbonneau/Hornseth) Rezone Parcel 14718027 to Single-Family Residential (Rl) and Sell Ulman questioned if the city should sell this land rather than retain it. Charbonneau responded the lot was too small to lease for any purpose. Amendment#1 Passed Yes: Verhey, Charbonneau, Hornseth, Sullivan Abstain: Ulman 119 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8,Page Charbonneau directed the commission to page 185 of the PDF packet. The recommendation says to sell or lease with a sound development plan. Charbonneau thought it would make more sense to sell directly to University of Alaska Fairbanks. UAF already developed buildings on the land, so it would only make sense for UAF to purchase the property. Motion to Amend#2 (Charbonneau/Verhey) Strike The Words Sell Or Lease With A Sound Development Plan And Replace With "Sell To The University Of Alaska Fairbanks" Verhey pointed out that UAF currently had a 99-year lease. Amendment#2 Failed Yes: Verhey No: Ulman, Charbonneau, Sullivan Abstain: Hornseth Motion to Amend#3 (Sullivan/Charbonneau) Strike The Words Sell Or Lease With A Sound Development Plan And Replace With "The Recommendation Is To Sell" Sullivan felt this wording would help leave some options open. Amendment#3 Passed Unanimous Main Motion As Amended Passed Unanimous Other New Business Items Discuss Work Session Topic For November 21,2023 Bringhurst said the topics would include the cemetery use permits and the mobile vending program. The Parks and Recreation Director and City Clerk would be in attendance. Charbonneau asked if these two topics would fill the entire session. He asked if Parks & Recreation would be open to talk about waterfront restoration plans. Bringhurst said she would look into it. Bringhurst said she had a request for a development proposal to share with the commission for the December 19, 2023 work session. Bringhurst also noted the two January 2024 meetings were on the 2nd and 16d' respectively. She proposed the regular meeting be moved to January 9, 2024 and the work session be shifted to January 23, 2024. Motion (Ulman/Hornseth) Reschedule the Planning & Zoning Meeting to January 9, 2024 and the Work Session to January 23,2024 120 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes November 7, 2023 Volume 8,Page Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS 1) Work Session on November 21, 2023 at 6:00 pm. 2) Regular Meeting on December 5, 2023 at 7:00 pm. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Bringhurst thanked the commission for the good discussion. She felt progress had been made despite several shifts in the city departments. She noted a potential upcoming staff shortage in Community Development unless new staff was hired soon. Ulman said he appreciated the discussion tonight. Charbonneau thanked everyone for the discussion. Hornseth thanked Commissioner Ulman for asking tough questions. Verhey noted the two P&Z vacancies and thanked the commission. Sullivan noted it was difficult to exactly follow Robert's Rules in the midst of a tough discussion. Sometimes all the complex rules made commissioners hesitant to speak up and inhibited the exchange of information. However, at the end of the night Sullivan felt like the commission was still in pretty good shape. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Kris Peck Clare Sullivan City Clerk Chair (City Seal) 121 City of Seward,Alaska Port and Commerce Advisory Board Meeting Minutes November 1, 2023 Volume 4,Page 134 CALL TO ORDER The November 1, 2023 regular meeting of the Port and Commerce Advisory Board was called to order at 12:00 p.m. by Chair Bruce Jaffa. OPENING CEREMONY Bruce Jaffa led the Pledge of Allegiance to the flag. ROLL CALL There were present: Bruce Jaffa,presiding; and Lynda Paquette Fred Woelkers Benjamin Smith Tom Miller Dwayne Atwood Melissa Schutter comprising a quorum of the Board; and Jason Bickling, Acting City Manager Norm Regis, Harbormaster (telephonically) Tony Sieminski, Acting Harbormaster Kris Peck, City Clerk Excused—None Absent—None Vacant None CITIZEN COMMENTS—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Paquette/Atwood) Approval of Agenda and Consent Agenda Paquette removed Resolution 2023-004 from the consent agenda. PACAB added a report from the Chamber of Commerce to the agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of October 4, 2023 PACAB Regular Meeting Minutes SPECIAL ORDERS,PRESENTATIONS AND REPORTS 122 City of Seward,Alaska Port and Commerce Advisory Board Meeting Minutes November 1, 2023 Volume 4,Page 135 Proclamations &Awards —None Administration Report Acting City Manager Jason Bickling provided an update on the heat loop project. Jaffa noted that City Council recently extended the PACAB Heat Loop Ad Hoc Committee to continue through February 2025. Schutter asked about infrastructure opportunities and sidewalk improvements. Bickling said it was on the legislative priorities capital improvements list. Bickling also noted the Kenai Peninsula Borough was collectively working on safety improvements for roads. Acting Harbormaster Tony Sieminski said the harbor had received recertification for being an Alaska Clean Harbor. Next week Sieminski would be attending the Pacific Marine Expo in Seattle. Jaffa asked how the harbor department advertised their job openings. Harbormaster Norm Regis responded (telephonically)that the job postings were advertised in several different locations, but mostly it was locals coming in and applying for the positions. Regis also provided an update on X-Float electrical infrastructure project. Other Reports and Announcements Alaska Railroad Report Port Operations Manager Dwayne Atwood summarized from his written report in the packet. Last night the Alaska Railroad hosted the Halloween carnival at the terminal while there was a cargo ship offloading. Jaffa noted the gondola railcars that appeared in Seward with colorful graffiti. Chamber of Commerce Report from Executive Director Samantha Allen introduced herself as the executive director as the Chamber of Commerce. The Board of Directors election window was currently open to chamber members. Allen provided a list of upcoming events around Seward. Allen summarized from her written report which was provided as a laydown. Paquette suggested a flat rate cleaning fee would encourage visitors to stay longer and make the most of the fee. Paquette asked if the Alaska Clean Harbor designated could be incorporated into the marketing. Allen said travelers were trending towards environmentally friendly destinations. 123 City of Seward,Alaska Port and Commerce Advisory Board Meeting Minutes November 1, 2023 Volume 4,Page 136 Miller asked for more detailed statistics on visitors in terms of overall length of stay in Alaska. Allen said she would try to locate that data. Woelkers asked what percentage of visitors stays were dependent on fishing. Allen said one of the chamber's most common questions over the phone was about fishing charters. Paquette noted the chamber's Hometown Guide was difficult to keep current due to so many local businesses closing. UNFINISHED BUISNESS - None NEW BUSINESS Resolutions Resolution 2023-004: Recommending The City Council Approval Of The 2023 Seward Boat Harbor Plan Motion (Paquette/Smith) Approve Resolution 2023-004 PACAB recommended adding the Alaska Clean Harbor designation to the introduction of the plan. Regis clarified that PACAB reviewed the harbor plan every year, and every five years the plan had to be approved by City Council. Jaffa asked about the South Harbor Uplands development project. Bickling said currently there was just a placeholder in the document for the uplands project. Motion Passed Unanimous Other New Business Discuss Work Session Topics for Council to Prioritize Paquette wanted to ask council if they could help with trying to simplify the complicated electric rates. Bickling suggested electric rate simplification as the topic. Jaffa suggested a broader review of the electric department. Paquette said functionality of the electric department would be something else entirely. Jaffa felt that council would not want PACAB to review the electric rates again as it had already been reviewed recently. 124 City of Seward,Alaska Port and Commerce Advisory Board Meeting Minutes November 1, 2023 Volume 4,Page 137 Paquette asked about the future of Sewage Lagoons and other technologies available. Bickling spoke to other facilities with a smaller footprint that had more advanced technology. Paquette asked about a climate action plan. Jaffa felt they had enough topics already. Paquette was under the impression that Seward was the only Alaskan Coastal Community that didn't have a climate action plan. Bickling clarified this discussion item would be coming before council on November 27, 2023 Jaffa asked for a Work Session topic for November 15, 2023 since it would be coming up before council had a chance to review the list. Scutter wanted to use the topic of critical services and businesses for the next PACAB work session. INFORMATIONAL ITEMS AND REPORTS— Reminder of Meetings—Regular Meeting on December 6, 2023 Other Items -None CITIZEN COMMENTS—None BOARD AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Scutter thanked Sam Allen for her great Chamber of Commerce presentation. Atwood said he recently went through maritime training in Longview, Washington. He visited a port with eight docks moving large amounts of commodities. The new environment brought a new perspective. Woelkers said the PACAB work session topics should be specific, because a broad interpretation could lead to a messy political discussion. Smith provided an update on the heat pump at the Alaska Sealife Center. Paquette thanked Sam Allen for her Chamber of Commerce report. Paquette continued to be excited for the City of Seward and said the future looked bright. Jaffa said the participation of the community was essential to local government. He encouraged citizen comments. He thanked Allen for her report and thanked Regis for his telephonic participation. He felt there was enthusiasm growing in the city due to current administration 125 City of Seward,Alaska Port and Commerce Advisory Board Meeting Minutes November 1, 2023 Volume 4,Page 138 ADJOURNMENT The meeting was adjourned at 1:30 p.m. Kris Peck Bruce Jaffa City Clerk Chair (City Seal) 126 City of Seward,Alaska Historic Preservation Commission Meeting Minutes August 24, 2023 Volume 3,Page 371 CALL TO ORDER The August 24,2023 regular meeting of the Historic Preservation Commission was called to order at 7:35 p.m. by Chair Tanguy Libbrecht. OPENING CEREMONY Commissioner Art LeMaster led the Pledge of Allegiance to the flag. ROLL CALL There were present: Tanguy Libbrecht presiding and Sue Ward Mary Ann Benoit Dona Walker Art LeMaster Laura Erickson Todd Mashlan comprising a quorum of the Commission; and Bailey Sayler, Library Museum Director Kris Peck, City Clerk Excused—None Absent—None Vacant—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Ward/Erickson) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no items on the consent agenda. SPECIAL ORDERS,PRESENTATIONS AND REPORTS City Administration Report Library Museum Director Bailey Sayler announced that the current museum curator Elana Yanusz was leaving the City of Seward. 127 City of Seward,Alaska Historic Preservation Commission Meeting Minutes August 24, 2023 Volume 3,Page 372 Chair Report Libbrecht said he was thrilled to have a full commission and welcomed Todd Mashlan to the group. Libbrecht felt the work session prior to the regular meeting was very beneficial. He introduced Maria Lewis from the Alaska State Preservation Office as the guest speaker. Libbrecht proposed to have a special meeting on Thursday, September 14, 2023 at 6:00 p.m. to work on the nominations for the historic register and CLG grants. Presentation Alaska State Historic Preservation Presentation by Maria Lewis Report on Historic Preservation Facebook Page Benoit summarized the Facebook data that was included in the meeting packet. The Historic Walking Tour Mount Marathon sign had generated a lot of social media activity during the Fourth of July Celebration. NEW BUSINESS Other New Business Items Approve the May 11, 2023 Regular Meeting Minutes Motion (Libbrecht/Benoit) Approve the May 11,2023 Regular Meeting Minutes Motion Passed Yes: LeMaster, Ward, Benoit, Erickson, Walker,Libbrecht Abstained: Mashlan Discuss Founder's Day Activities for August 28,2023 The event would be held at the Seward Community Library and Museum from 11:00 a.m. to 2:00 p.m. The 100t' anniversary of the Alaska Railroad would also be celebrated. Nominate and Promote Historic Sites for Seward Local Register Libbrecht wanted to work more on the process and hold a special meeting to nominate and award sites for the Seward Register for Historic Places. He also wanted to discuss CLG Grant opportunities and host a presentation in support of Brown & Hawkins. There would be no nominations tonight for any historic sites. INFORMATIONAL ITEMS AND REPORTS—None 128 City of Seward,Alaska Historic Preservation Commission Meeting Minutes August 24, 2023 Volume 3,Page 373 CITIZEN COMMENTS Ristine Casagranda, inside city limits, said Historic Preservation was an amazing commission and worked well together. She was always impressed by how much she learned at the Historic Preservation meetings. She felt the commission was on the path of helping historic property owners. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Libbrecht thanked Casagranda for her comments.He thanked Maria Lewis for her help with the CLG Grants and for attending the work session and meeting. Erickson appreciated the citizen comment and Lewis for being in attendance. Walker appreciated Lewis for her information on CLG grants. Benoit thanked Lewis for all the information that she shared tonight. She thanked Casagranda for her comments and thanked Mashlan for joining the commission. Benoit said the commission was apartner with the Rotary Club for the Art in the Park projects.Future updates of the historic walking tour should include Rotary Park by the lagoon. Ward noted that Benoit did a lot of research on the history of the lagoon and it was very interesting. Benoit elaborated that the lagoon area used to be a city dump,but visitors found it upsetting. Thankfully it was converted into the lagoon. LeMaster thanked Casagranda and Lewis for their ideas and for attending the meetings tonight. Mashlan thanked everyone for the warm welcome. He was looking forward to putting his college degree to use with Historic Preservation Commission. ADJOURNMENT The meeting was adjourned at 8:00 p.m. Kris Peck Tanguy Libbrecht City Clerk Chair (City Seal) 129 City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes October 19, 2023 Volume 3,Page 374 CALL TO ORDER The October 19,2023 special meeting of the Historic Preservation Commission was called to order at 12:00 p.m. by Chair Tanguy Libbrecht. OPENING CEREMONY Tanguy Libbrecht led the Pledge of Allegiance to the flag. ROLL CALL There were present: Tanguy Libbrecht presiding and Sue Ward Dona Walker Art LeMaster comprising a quorum of the Commission; and Kat Sorensen, City Manager Kris Peck, City Clerk Excused—Benoit, Mashlan Absent—Erickson Vacant—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Ward/LeMaster) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no items on the consent agenda. SPECIAL ORDERS,PRESENTATIONS AND REPORTS City Administration Report-None Chair Report 130 City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes October 19, 2023 Volume 3,Page 375 Vice Chair Ward highlighted the Historic Preservation Commission priorities for CLG Grants and the procedures for supporting the grant projects.Ward noted the narrow scope of Historic Preservation's involvement with supporting grant projects. She spoke to the legacy of the Brown& Hawkins Building and historic importance to Seward and the State of Alaska. Chair Libbrecht added that Historic Preservation would be looking at the value of the building to Seward.He wanted to protect the entire west side of downtown from fires.He noted this would require the involvement and support of city council to proceed. NEW BUSINESS Resolution 2023-003:A Resolution Of The Seward Historic Preservation Commission Of The City Of Seward, Alaska, Supporting The Brown & Hawkins Fire Suppression System Project For The Historical Buildings Located At 205, 207 & 209 Fourth Avenue and Recommending The City Manager Accept And Administer Federal Funding Provided By The Alaska Department Of Natural Resources Motion (Ward/Walker) Approve Resolution 2023-003 Kat Sorensen noted two corrections that should be made to the resolution. Motion To Amend (Walker/Ward) Amend The Title Of The Resolution To Say "Accept And Administer"And The Words "Pass Through"Be Stricken Motion Passed Unanimous Motion To Amend (Libbrecht/Walker) Amend The Last WHEREAS To Say "Historic Preservation"And "The City Of Seward" Be Stricken Motion Passed Unanimous Main Motion As Amended Passed Unanimous INFORMATIONAL ITEMS AND REPORTS—None CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Libbrecht thanked the city manager for her guidance and support.He thanked the clerk for helping organize the meeting. 131 City of Seward,Alaska Historic Preservation Commission Special Meeting Minutes October 19, 2023 Volume 3,Page 376 Ward said she was not a fan of special meetings generally but was thankful for the support from the city manager and city clerk for their help with organizing the special meeting. Ward thanked her fellow commissioners for their support as well. LeMaster thanked the city manager for her input. Sorensen thanked the commission for their kind words. ADJOURNMENT The meeting was adjourned at 12:23 p.m. Kris Peck Tanguy Libbrecht City Clerk Chair (City Seal) 132 January 2024 February 2024 January 2024 SuM Tho TuWe Th Fr Sa SuMo TuWe 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 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 31 Jan 1, 24 2 3 4 5 6 12:OOpm PACAB Mtq 7 8 9 10 [5:30pm 12 13 7:OOpm CC Mtg 7:OOpm P&Z 2:OOpm PACAB HPC (Council Meeting Ad Hoc Heat(Rescheduled Loop Mtg pm HPC (Seward gular eeting ouncil 14 15 16 17 18 19 20 12:OOpm PACAB WS 21 22 23 24 25 26 27 5:30pm CC Work 6:OOpm P&Z Session(Publi Work Session Safety Bldg& (Rescheduled Mid-Cycle from 1/16/24) Budget 7:OOpm CC Mtg 28 29 30 31 Feb 1 2 3 Council Calendar 1 1/16/2024 2:31 PM 133 024 February 2024 February Th24 Mar We Th SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 4 5 6 7 8 910 3 4 5 6 7 8 9 11 12 13 14 15 16 17 10 11 12 13 14 15 16 18 19 20 21 22 23 24 17 18 19 20 21 22 23 25 26 27 28 29 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jan 28 29 30 31 Feb 1 2 3 4 5 6 7 8 9 10 7:00pm P&Z 12:00pm PACAB 11 12 13 14 15 16 17 7:00pm CC Mtg (Council 18 19 20 21 22 23 24 President's Day 6:00pm P&Z 12:00pm PACAB (City Holiday- Work Session WS Offices (Council 2:00pm PACAB ClQspd) Chambers) Ad Hoc Heat Loop Mtg (Seward Community 25 26 27 28 29 Mar 1 2 5:30pm CC Work Session (Discuss Motor Pool) 7:00pm CC Mtg Council Calendar 2 1/16/2024 2:31 PM 134 March 2024 SuMo March 2024 April TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 1011 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Feb 25 26 27 28 29 Mar 1 2 3 4 (7:001prn 6 7 8 9 P&Z 12:00pm PACAB 10 11 12 13 14 15 16 7:00pm CC Mtg (Council 17 18 19 20 21 22 23 6:00pm P&Z 12:00pm PACAB Work Session WS (Council 2:00pm PACAB Ad Hoc Heat Loop Mtg (Seward Community 24 25 26 27 28 29 30 Seward's Day 7:00pm CC Mtg (City Holiday Offices 31 Apr 1 2 3 4 5 6 Council Calendar 3 1/16/2024 2:31 PM 135