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Mo day, April 29, 2024
City Beginning at 7:00 p.m.
City Council Meeting Agenda Monday, April 29, 2024 1 | Page
The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
City Council Chambers, 410 Adams Street
Please silence all cell phones and devices during the meeting
Mayor Sue McClure
Vice Mayor John Osenga
Council Member Mike Calhoon
Council Member Randy Wells
Council Member Kevin Finch
Council Member Robert Barnwell
Council Member Julie Crites
City Manager Kat Sorensen
Deputy City Manager Jason Bickling
City Clerk Kris Peck
City Attorney Sam Severin
Monday, April 29, 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) Recognition of Norm Regis’ Service to the City of Seward………………………Pg. 5
2) Recognition of Nort Adelmann’s Service to the City of Seward………………….Pg. 6
B. City Manager Report………………………………………………………………….Pg. 7
C. City Clerk Report…………………………………………………………………….Pg. 15
D. City Attorney Report- None
E. Other Reports and Announcements
1) Chamber of Commerce Report from Executive Director Sam Allen……………Pg. 16
F. Presentations- None
7. CONSENT AGENDA (also marked with an asterisk *)
A. Minutes of Preceding Meeting
1)* Approve the April 15, 2024 City Council Meeting Minutes…………………….Pg. 18
B. Introduction of Ordinances
City Council Meeting Agenda Monday, April 29, 2024 2 | Page
1)* Introduction of Ordinance 2024-008: Amending Seward City Code 2.30.225 And
16.01, Responsibilities of the Planning and Zoning Commission………………..Pg. 24
C. Resolutions -None
D. Other Items
1)* No Grounds For Protest To The Liquor License Renewal For Zudy’s Café
#5356……………………………………………………………………………..Pg. 57
8. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers
have spoken, a person may speak for a second time for no more than one (1) minute.)
A. Ordinances for Enactment
1) Ordinance 2024-005: Approving The Land Use Amendment To Rezone Fort
Raymond Subdivision, Replat Number 7, Lot 10A-2, Located At 905 Sea Lion Ave,
From An Institutional (Ins) Zoning District To An Auto Commercial (AC) Zoning
District……………………………………………………………………………Pg. 61
2) Ordinance 2024-006: Approving the Land Use Amendment To Rezone Seward
Townsite Marathon Addition, Lot 29, Located At 537 First Ave, From A Single-Family
Residential (R1) Zoning District To A Park (P) Zoning District, As Recommended In
The Municipal Lands Inventory And Management Plan……………….………..Pg. 68
3) Ordinance 2024-007: Approving The Land Use Amendment To Rezone Gateway
Subdivision Addition No. 2 Tracts C4, C5, C6 & C7, Tract C-6, Located At 2301
Crabapple Street, From A Single-Family Residential (R1) Zoning District To An
Institutional (Ins) Zoning District, As Recommended In The Municipal Lands
Inventory And Management Plan………………………………………………..Pg. 75
9. UNFINISHED BUSINESS -None
10. NEW BUSINESS
A. Other New Business
1) Discuss Parking Signs At The Mount Marathon Hiking Trailhead…..………….Pg. 83
11. INFORMATIONAL ITEMS AND REPORTS (No action required.)
A. Boards and Commissions Minutes
1) Approved January 11, 2024 Historic Preservation Commission Minutes..……..Pg. 91
B. Other Items
1) Upcoming City Council Meetings
a. Regular Meeting on Monday, May 13, 2024 at 7:00 p.m.
2) City Clerk’s Memo Verifying Timely Receipt of Financial Disclosure Forms….Pg. 95
City Council Meeting Agenda Monday, April 29, 2024 3 | Page
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
PROCLAMATION
WHEREAS, Norm Regis joined the City of Seward on June 12,1994, and went on to serve
the City of Seward for almost 30 years; and
WHEREAS, Norm started with the City of Seward as a temporary Correctional Officer;
and
WHEREAS, in August of 1994, Norm became a fulltime Harbor Worker II, and in
December 2007 was promoted to Harbor Worker III; and
WHEREAS, while working for the harbor, Norm served in the City of Seward Police
Reserve Program from 2001-2004, which is just one of the many instances of his volunteerism and
dedication to the community; and
WHEREAS, in January of 2011 Norm was promoted to Deputy Harbormaster; and
WHEREAS, in June of 2015 Norm was promoted to his current position as Harbormaster;
and
WHEREAS, in 2018 Norm was awarded Harbormaster of the year by the Alaska
Association of Harbormasters and Port Administrators; and
WHEREAS, Norm stepped up and filled the role of Acting City Manager several times
over the course of his career; and
WHEREAS, Norm has played a huge part in the improvements and growth of our Seward
Boat Harbor and the expansion of services in Seward Marine Industrial Center; and
WHEREAS, Norm is a strong team leader and respected colleague, he will be missed by
everyone in the city.
NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, Alaska, do hereby
thank
Norm Regis
for his many years of service and his numerous contributions to the City of Seward and wish him
all the best in his retirement.
Dated this 29th day of April 2024
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
5
PROCLAMATION
WHEREAS, Nort Adelmann has devoted his career to serving the residents of Seward
since 1993. He began working in the Harbor Department and after a little over three years made
his way to the Water and Wastewater Department in 1997. This is where he shined, and he moved
up the ladder within this department. His presence will be deeply missed by his colleagues and the
entire City of Seward.
WHEREAS, Nort has diligently worked long hours collecting water samples, managing
and training his team, and assisting the streets department during early mornings and evenings for
snowstorms, flash floods, and rockslides.
WHEREAS, Nort is set to retire from the City of Seward on April 30th, 2024, and is
looking forward to spending more time in this beautiful community, as well as taking some much-
needed vacations to visit his grandchildren and family.
WHEREAS, we celebrate and congratulate Richard 'Nort' Adelmann on his well-deserved
retirement after dedicating over 30 years of outstanding service to the City of Seward, with
remarkable contributions to the Public Works Department as the Water/Wastewater Foreman.
NOW, THEREFORE, I, Sue McClure, Mayor of the City of Seward, express my heartfelt
appreciation to
Richard ‘Nort’ Adelmann
for his many years of service, unwavering dedication, and outstanding contributions to the City of
Seward. I wish him all the best in his retirement.
Dated this 29th day of April 2024 THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
6
Good afternoon Council,
We’ve had some quintessential Seward spring weather since our last meeting, and I hope everyone
is enjoying all the added sunshine. Since returning from Washington D.C. earlier this month, I’ve
followed up from many of our meetings including the USCG and our D.C. representatives. Here are
some additional updates from City Management.
Clean Ports Grant Workshop: We met with a working group of stakeholders and grant writers to
begin the application for the Clean Ports grant, which is due at the end of March.
ASLC Board Meeting: I attended the Alaska SeaLife Center Board meeting, the first for their new
director Wei Ying Wong. Congrats Wei Ying!
Borough Assembly Meeting: I attended the KPB Assembly meeting at the Seward Community
Library and got to have a brief convo with our borough mayor and assembly members. The Seward
Seahawks wrestling team was also recognized.
GFOA Training: Jason attended a Government Finance Officer training (the same one that Kat did a
few months ago) in Minnesota from April 9th – 12th. It was good to see that many of the issues that
we deal with are common to all municipalities. For our size of municipality, we have proportionally
very large and complex budget due to the harbor and the electric utility. There were some good
learnings and some areas that we can improve upon, which we will be working towards.
Heat Loop Project: Naneth and Jason are working on DOE and AEA grant reporting that is due at the
end of the month. The project was recently given $500,000 of federal funding through the
Economic Development Initiative Grant. There was also an article recently published in the Alaska
Business Magazine: https://www.akbizmag.com/industry/energy/seward-heat-loop-project-
includes-workforce-development-component/
KPEDD: We attended the Economic Development District Industry Outlook Forum on April 25th
Jesse Lee Home: We recently heard back from ADEC regarding the testing results that were done
last summer. Part of the delay is that they have had some turn over (two times) in the position that
reviews our case – it looks like they are running with the baton again. They are getting some
clarifications from our engineer. We are hopeful that in the not too distant future, we can be
finished with the mitigation process.
And a big thank you to the public works team for getting our new City of Seward rug set up at the
Utility Desk. It’s such a nice welcome to City Hall!
Thanks, Kat
April 29, 2024 City Manager Report
CMR April 29
7
Fire Department - Chief Clinton Crites
•Eight of our members took the State of Alaska Driver Operator’s test on April 28th.
•There are 15 building permits issued and we have responded to 117 calls for service year to
date.
•The 12th Annual Phoenix Chapter Cruise will be May 25! Get your tickets now before they are
sold out. This benefit cruise helps support Fire and EMS training on the Eastern side of the
Peninsula. A huge shout out to all our supporters and donors especially Major Marine Tours
for graciously donating their vessel and crew! Come by the station or call 224-3445 for your
ticket today!
•May 11 during the Bike Rodeo, the Fire Station will have an open house with picture boards,
turn out gear for kids, and Root Beer Floats!
•We are working with the KPB OEM to consolidate our Hazardous Mitigation Plan into one
living document that will support mitigation projects collectively.
Department Order Date Vendor Description Amount
ROADS AND
STREETS
4/15/2024 CONSTRUCTION
MACHINERY INDUSTRIAL
LLC
Sole Source Maintenance and Repair to Equipment #117
Volvo L90F Loader
$14,061.77
POLICE 4/15/2024 STRUCTURED
COMMUNICATION
SYSTEMS INC
Cohesity - immutable storage device for onsite backups $29,916.67
POLICE 4/15/2024 DELL MARKETING LP PowerEdge R450 Sever for PD to run backup software $7,658.94
CMR April 29
8
Harbor Department - Tony Sieminksi
• Season duties have begun but still monitoring
the weather and well start turning on water as
soon as temperature allows. Typically, this is
the last week of April or first week of May.
• We are terminating our agreement with
Dockwa and will revisit a software update in
the fall
• Attended the last PIDP Grant (Port and
Infrastructure Development Program) webinar
on 4/3/24 as a possible funding source for the
50 ton Washdown pad. We are now updating
information with PND for that grant submittal
deadline at the end of May.
• Started working with Alaska Harbor Consulting for Z – float Expansion layout to optimize use
of that area for our year-round Tenants as well as our seasonal Tenants.
• Vendors started staging freight within North Dock storage area with first scheduled vendor
using 4/20, next on 4/28 and another on 5/8/24.
• Continuing to work with Vendors on new power pedestals for additional power throughout
the SMIC boat yard. Vendor has follow up questions on Transformer size and layout before
we can get a more detailed/accurate quote.
• Harbor Department is currently participating in the online portion to become certified in
CPR and first aid.
• Misty Sewell was promoted to Harbor Office Manager on 4/19/24.
Police Department - Chief Alan Nickell
The Police Department would like to make sure the public is aware of the extension for studded
tires to May 15th. After this date, you will need to have your studded tires removed for the summer.
We have some important events coming up for the community:
• May 11th is the Bike Rodeo. We hope for great weather and a greater turnout! As always, the
PD will be rustlin’ up some hotdogs for everyone.
• May 18th we will have the annual Torch Run in support of Special Olympics. Turnout has
dwindled over the last several years and we hope to see people rally to support this worthy
cause. Even if you come walk the course, the support is appreciated and its beautiful
scenery along Herman Leirer Road. Participation is free, but if you choose to donate $35 or
more you will receive a t-shirt to commemorate the race.
Seward Community Library & Museum - Sue Drover
• Summer hours begin May 1st. We will be open Tues – Fri 9-6, Sat 9-5
CMR April 29
9
• (April 1-April 17): 12 working days, we served 3,979 patrons, averaging 332 visitors daily,
that’s an increase of approximately 45 additional visitors daily. Additionally, we facilitated
52 events during this period.
• Our newest passport agents are continuing to process passports with direct supervision.
They are building their skills quickly and should be on their own soon.
Programs:
• The Adult Education/GED classes continue
on Monday, Tuesday, and Wednesday through
June.
• We have 2 Chapbooks published and on
display. As this is an ongoing series submission
will continue to be released.
• I have one more meeting with a few more
non-profits for Mapping our Community Winter
Programs and Events. The calendar is being
established and data entered as we move
forward.
• Summer Reading Program schedule is firming
up and we will begin registration soon.
• With assistance from the Curator we have
begun developing field trip opportunities, (in-
person and virtual) for the ‘American’s and the
Holocaust’ traveling exhibit. We have reached
out to community and state organizations for
volunteers and programming development.
Additionally, I will be traveling to DC mid-May for additional training.
• We are working to start a book club for 8- to 12-year-olds. This is a staff/student combined
effort, and more details will be forthcoming.
• We are partnering with Seward Seniors Center to begin a library resource delivery program
in coordination with their Meals on Wheels program.
• Additionally, we have reached out to Spring Creek Correctional Center to see how we could
assist them with library resources, possibly a book club.
Inter-Library Loan: We are still on track to begin reciprocating in this program again for the first
time since November 2022. Next week we will go live and continue to work with ALC to keep this
endeavor manageable.
Museum Updates - Allison Stacy
April Attendance: Only halfway through the month and the museum has received over 100 visitors!
CMR April 29
10
Hours
Museum Summer Admission Hours
(May 1 to September 29)
Admission price is $5.
Tuesday – Friday: 9am to 6pm
Saturday: 9am to 5pm
Sunday: 1pm to 4:30pm
Ongoing Exhibitions:
• First World Flight Centennial, 1924 – 2024 Window Display: Did you know that Seward was
one of the stops in mankind's first-ever flight around the world? In collaboration with
Friends of Magnuson Park in Seattle, we will mark the centennial of this historic
achievement in aviation. (On Display April 2 – June 1)
• Celebrating Historic Preservation: Join us this May as we celebrate Historic Preservation
Month with an exhibit that focuses on the places & sites listed on the National Register of
Historic Places. (On Display April 18 – June 1)
Upcoming Exhibitions:
• Jesse Lee Home: The museum team is working on enhancing this exhibit based on
evaluation and feedback from the community and visitors. With new text panels ordered
and an interactive touchscreen kiosk, we are contacting community members to record
oral histories and provide many narratives to bring this historic place back to life.
Collections: As the collections grow here, we must keep in mind that storage is limited. Through
careful consideration by the curatorial and collections committees, the team will continue its
strategic efforts aimed at refining the collection, improving relevance, and optimizing resources.
This upcoming June, the team will conduct a full 100% inventory of the Museum’s collections. This
will involve assessing the condition, historical significance, and alignment with the museum and
partnerships’ mission for each item.
Community Development - Danny Meuninck
• The Community Development staff has begun holding weekly internal meetings to discuss
and work on the Comprehensive Plan update. We are currently researching and reviewing
the comprehensive plans of other cities. As we continue with this project, we will
periodically bring our ideas up at future Planning and Zoning work sessions to get input
from the Commission and the public.
• The Planning and Zoning Commission is still looking to fill their final seat on the
Commission. A recorded informational session about the Commission is up on the
Community Development website for any interested Seward citizens.
• Community Development is representing the City on the Steering Committee for the
National Fish and Wildlife Foundation’s Coastal Resiliency Grant. The project description of
CMR April 29
11
this grant is to evaluate and prioritize projects into a comprehensive coastal resilience
protection plan for Seward, Alaska, to restore floodplain function, fix degraded salmon
habitat, and alleviate threats from flooding and erosion. The timeline for this plan includes
community outreach which is scheduled to take place in the fall. We will continue to pass
on updates as they occur.
IT Department - Dustin Phillips
• Continued work on migrating systems in the PD datacenter to new hardware and upgrading
systems as needed.
• Started planning and testing for network equipment replacement/upgrades in City Hall
datacenter.
• Tech tip of the week – Use a password manager to help create complex passwords, and to
reduce the number of reused passwords.
Seward Parks and Recreation Department - Mel Hauze
• Kite Festival was held April 20th.
Seward Alaska Ventures Volleyball
Tournament was held April 27-28 that
included 16 teams with 13 teams from
out of town. Spring league party was
held May 26th
• Sports and Rec is ramping up for our
busy event season, in the meantime
we've had some cool classes going on
like Dance Cardio run by our own
Megan Harwell.
• Embroidery class with Lizabella has
been a huge success with 24 people
learning an awesome skill the past two months.
• Board Game night was a success at Millers Landing with around 15 participants.
• Basketball Championship was 4/18 followed by Volleyball championships 4/24. The
favorites are The Runners in the basketball league and Pound It in the volleyball league.
• The following weeks we have the Pink Cheeks Triathlon (May 4th), Bike Rodeo/Super
Saturday Cleanup (May 11th) and Exit Glacier 5K/10K (May 18th). Sign up at runsignup.com
or volunteer at signupgenius.com.
Campgrounds:
• Campgrounds are now open for the Summer season. With the exception of Forest Acres
and Boulder Campgrounds.
• Public Restrooms are getting ready to open around May 1st water will get turned on as soon
as the temps do not dip below freezing overnight.
• Campground resurfacing took place the week of April 22nd.
Park Maintenance & Parking
• New plumbing parts replacement in public restrooms.
CMR April 29
12
• Shower house control box is installed. Shower house new pump installation. New pipe
replacement and new water heater is hooked up.
• Parking passes are now available for purchase at the Sports & Rec front desk at the AVTEC
gym and online at www.recdesk.com
• Parking lots are open May 1. We will be giving warnings for the first few weeks, but will be
enforcing parking regulations in the lots this year!
Finance - Sully Jusino
• Finance continues working with the auditors performing our annual audit.
• We are actively implementing a cross-training program, a strategic move that will enhance
our team's versatility and efficiency in handling internal areas of our department.
• Finance is assisting Util. Assist with the collection procedures in preparation for the
upcoming season of shutting off services for delinquent accounts.
• Finance congrats to our A/P, Karma Hibbets, on her first six months within the Finance
Department. We hope that you keep up the good work for more months to come!
• Congratulations to our Senior Accountant, Naneth Ambrosiani, on her 12 years in the
Finance Department. We know you have worked hard, and we appreciate your dedication.
Public Works - Doug Schoessler
Springtime is really trying to show up.
As much as we are all ready for
warmer weather, It also comes with
spring ground thaws that sometimes
freeze water lines. Occasionally the
frost is pushed deeper and can break
a water line or main.
A broken main on Phoenix caused
some light damage to pavement and
roadside areas. The Water
Department was able to isolate the
break and keep all customers water
on. Temporary damage measures
were completed at the site. We will
have to finish the repair in a few
weeks when the frost is gone, and new repair parts arrive. We have several other digs planned in
the next few weeks to repair shut off valves and turn on seasonal services.
CMR April 29
13
Department Job Title
# of
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 1
Accounting Technician II 1 0
Accounting Technician - Utilities 2 2
Accounting Tech Payroll 1 0
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 2
Building Maintenance Technician 2 2
TOTAL:13 12
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 3
Plant Operator 2 2
TOTAL:10 7
Fire Department Chief 1 1
Deputy Chief 1 1
Executive Assistant 1 1
Building Official 1 1
Fire Marshal 1 1
Firefighter/EMT 1 1
Seasonal - Summer Laborer 1 0
TOTAL:7 6
Harbor Harbor Master 1 1
Deputy Harbor Master 1 1
Office Manager 1 1
Executive Assistant 2 1
Harbor Worker II 6 6
Harbor Worker III 1 1
Seasonal - Summer Laborer Part-Time 1 0
Seasonal - Summer Laborer Full-Time 1 1
TOTAL:14 12
IT Director 1 1
Senior IT Tech 1 1
IT Technician 1 1
TOTAL:3 3
Library Director 1 0
Deputy Library Director 1 1
Library Technician 1 1
Curator 1 1
Library Aide 1 1
Seasonal - Aides 2 2
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 0
Corrections Officer not funded 1 0
Dispatch Supervisor 1 1
Dispatcher 5 5
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 8
TOTAL:24 15
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:96
City of Seward - Human Resources Manager Report
Staffing Information
CMR April 29
14
City Clerk Report
April 29, 2024
Kris Peck
The city clerk’s office received five applications for the 2024 high school
student exchange program with Obihiro, Japan. One student withdrew her
application which left us with four total. We interviewed all the students, and
they are all outstanding candidates to represent Seward in the exchange.
On the roster to travel is:
Deputy City Clerk Jodi Kurtz and:
Makena
Olivia
Daniel
Hunter
This will be the first Seward group since 2019 so we are very excited to see this
happening! The overall plan is to host the 4 Japanese students (plus Obihiro
Chris) in early August and then our group will travel back with them to Japan.
We are sending our Deputy City Clerk along with the group as an adult
representative. Stay tuned for updates!
Karen’s Corner:
2024 City of Seward Business Licenses issued since October 1, 2023:
Annual: 409
Seasonal: 74
Total Issued: 483
Still Pending: 101
584 applications fees at $30 = $17,520.00
15
Seward Chamber of Commerce
Executive Director Report
4/29/2024
Hello Madame Mayor, Administration, City Council,
I’m sorry I cannot join you for an in person report, but I am working with Race Director, Matias Saari,
to execute the 2024 Mount Marathon Race online auction at the Chamber Building. Please see my
report and reach out to director@seward.com or call 907-224-8051 with any questions.
Despite the weather, the summer season is trickling in and the Chamber is staying busy at the Visitor Center.
The first cruise ship, Norwegian Jewel, brought a lot of unexpected visitors to town with a weather pattern that
caused the ship to dock early. Many tour operators and local shops enjoyed the first influx! We will transition
to opening seven days a week at the Visitor Center and the Harbor Derby Booth will be staffed every
weekend following Memorial Day. The phones have been ringing off the hook and we’re anticipating another
busy summer. Our signature events, the Mount Marathon Race, the 4th of July Festival, and the Silver
Salmon Derby are shaping up nicely.
Our Events and Sponsorships Coordinator, Karen Cooper McLoughlin is organizing for another record
breaking 4th of July Festival! We’re excited to celebrate this hometown favorite over July 2nd-4th. The boat
and land parades, midnight fireworks display, family games on Church Street, new and returning vendors, and
of course, the beloved Mount Marathon Race aren’t as far away as they feel.
The Silver Salmon Derby is casting new prizes this year and already reeling in anglers with Early Bird Pricing.
From August 10-18th, anglers will compete to bring in the heaviest silvers without forgetting the ultimate goal
of the derby; to restore the Silver run in Resurrection Bay. We’re bringing back the Silver Salmon Ball, offering
new ways to win, and our Communications Coordinator, Ally Burdett, is organizing a photo contest.
The Chamber of Commerce continues striving to support the economic development of our community. We’re
happy to have welcomed 10 new member businesses this year including Keramiikka Ceramics Studio and
Gallery, Seward Saunas, Seward Yoga, and DreamLand Books & Yarn. We’ve also celebrated the changing
of ownership at The Breeze Inn, Bear Lake Lodgings, Communications North and Angel’s Rest on
Resurrection Bay -now Rustic Roots Cabins. The Alaska SBDC office continues to serve our local businesses
as one of the most effective offices in Alaska. We look forward to attending the Pacific Marine Expo and
organizing Alaska StartUp Week in the fall.
We are able to offer value to our members through new avenues, such as: a revamped leads generation
program led by Member & Visitor Services Coordinator, Hunter Kratz, access to visitation data via our visitor
analytics tool, and promotional and networking opportunities like the upcoming Double Scoops Job Fair & Ice
Cream Social, and our Membership ABC’s Event - a member appreciation night.
Please be sure to keep up with us on Facebook and Instagram and on Seward.com/Events. It is a pleasure to
Serve our community.
Best,
Samantha Allen
Executive Director
Seward Chamber of Commerce
16
Seward Chamber of Commerce
Executive Director Report
4/29/2024
Upcoming Chamber Events / Programs -
April
1st: Micro Membership Scholarship Announced - $500
15th: MMR Roster announced
22nd: Norwegian Jewel Cruise Ship
25th: Membership ABC’s
May
3rd: First, First Friday Art Walk
7th: Chamber After 5- AK RailRoad presentation on Passenger Dock Project
17-18th: Mermaid Festival
19th: Double Scoops Job Fair & Ice Cream Social
Visitor Center fully staffed at Derby Booth & Cruise Ship Terminal
31st: Micro Membership Scholarship CLOSED
31st-June 2nd: SeaBird Fest
June
7th: First Friday Art Walk
July
2nd-4th: 4th of July Festival
4th: Fireworks Show
4th: Mount Marathon Race
5h: First Friday Art Walk
August
2nd: First Friday Art Walk
10th-18th Silver Salmon Derby
16th:Silver Salmon Ball
18th: Silver Salmon Derby Awards Ceremony
September-
Chamber After 5
Volunteer Appreciation cruise
Winter Weekend
October-
Chamber Luncheon, The Breeze Inn
AK StartUp Week
Winter Weekend
November-
Chamber After 5, Seward Ale House
Pacific Marine Expo
December -
Chamber Luncheon, The Breeze Inn
17
City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
CALL TO ORDER
The April 15, 2024, regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Sue McClure. (Rescheduled from April 8, 2024)
OPENING CEREMONY
Deputy Police Chief Karl Schaefermeyer led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Sue McClure, presiding, and
John Osenga
Mike Calhoon
Randy Wells
Kevin Finch
Robert Barnwell
Julie Crites
comprising a quorum of the Council; and
Kat Sorensen, City Manager
Jason Bickling, Deputy City Manager
Kris Peck, City Clerk
Jodi Kurtz, Deputy City Clerk
Sam Severin, City Attorney
Excused – Robert Barnwell
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED
FOR PUBLIC HEARING
Chris Fletcher, inside city limits, spoke as a city employee and provided an update on
Parks & Recreation Department upcoming events and sports tournaments. Fletcher said they were
still looking for volunteers for upcoming races.
Tim McDonald, inside city limits, said this past winter was the worst in terms of
downtown businesses being open. He recalled Seward being a vibrant winter community when he
was a kid. McDonald remained optimistic that the Lowell Creek Diversion Tunnel could be used
for hydropower to help reduce costs for residents. Bringing the utility prices down would
rejuvenate the whole town. He wanted the city to retain ownership of the tunnel and use it for
hydropower.
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City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Osenga/Calhoon) Approval of Agenda and Consent Agenda
Calhoon requested Resolution 2024-026 be removed from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the March 26, 2024, City Council Minutes
Introduction of Ordinance 2024-005: Approving The Land Use Amendment To Rezone Fort
Raymond Subdivision, Replat Number 7, Lot 10A-2, Located At 905 Sea Lion Ave, From An
Institutional (Ins) Zoning District To An Auto Commercial (AC) Zoning District
Introduction of Ordinance 2024-006: Approving The Land Use Amendment to Rezone Seward
Townsite Marathon Addition, Lot 29, Located At 537 First Ave, From A Single-Family
Residential (R1) Zoning District To a Park (P) Zoning District, As Recommended In The
Municipal Lands Inventory And Management Plan
Introduction of Ordinance 2024-007: Approving The Land Use Amendment To Rezone
Gateway Subdivision Addition No. 2 Tracts C4, C5, C6 & C7, Tract C-6, Located At 2301
Crabapple Street, From A Single-Family Residential (R1) Zoning District To An Institutional (Ins)
Zoning District, As Recommended In The Municipal Lands Inventory And Management Plan
Resolution 2024-025: Approving Amendment #1 to the Employment Agreement with the City
Clerk
Resolution 2024-027: Authorizing The City Manager To Accepting The 2024 Volunteer Fire
Capacity (VFC) Grant In The Amount Of $6,303.67
Appoint Becky Dunn to PACAB with a term set to expire July 2024
Appoint John Howard to PACAB with a term set to expire July 2024
SPECIAL ORDERS, PRESENTATIONS, AND REPORTS
Proclamations and Awards - None
City Manager Report
City Manager Kat Sorensen said Brian Hickey from Matanuska Electric Association had
started work managing the Seward Electric Department. Sorensen reported that several city staff
had attended a tsunami workshop two weeks ago. Last week, Sorensen traveled to Washington
D.C. along with Harbormaster Norm Regis and Council Member Bob Barnwell. The Seward group
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City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
met with the U.S Coast Guard, Army Corps of Engineers, and other senators and representatives.
Overall, Sorensen said it was an exciting trip and as a bonus they were able to view the solar eclipse
while in D.C.
Deputy City Manager Jason Bickling said he was thankful for the opportunity to attend
the Government Finance Officer training in Minnesota.
City Clerk Report
City Clerk Kris Peck summarized from his written report in the packet. Peck explained
the new city e-notification system that would be replacing the bulk email lists. Peck also mentioned
the commemorative magazine that the clerk’s office received from Obihiro, Japan. Lastly, Peck
said there were new signs installed on the second floor of city hall to point people in the right
direction for the city clerk office and the court clerk office.
City Attorney Report
City Attorney Sam Severin provided an update on an upcoming marijuana ordinance and
noted it was largely a procedural matter to get into sync with current AMCO [Alcohol & Marijuana
Control Office) regulations. Severin also noted he would be taking part in an executive session
tonight with the council.
Other Reports and Announcements
Borough Assembly Report
Borough Assembly Representative Cindy Ecklund provided an update on heat pumps
on the Kenai Peninsula. Ecklund announced that tomorrow night the assembly meeting would be
held right here in Seward and public comment was welcome. She provided a summary of various
issues that the borough was working on, including the Seward High School Track. Ecklund said
the assembly had halted their trips to Homer and Seward due to low attendance. She encouraged
people to attend the assembly meeting tomorrow to show support.
Presentations - None
PUBLIC HEARINGS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolution 2024-026: Authorizing The City Manager To Modify The Contract With Seward City
Tours For The Operation Of The Seasonal Shuttle Transportation Services For The 2024 Season
In A Total Amount Not To Exceed $18,275.00 And Appropriating Funds
Motion (Wells/Osenga) Approve Resolution 2024-026
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City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
Sorensen said this resolution was an adjustment to the free shuttle schedule due to cruise
ships arriving earlier than expected. There would be additional funding needed for approximately
183 hours of shuttle service.
Calhoon said he removed the resolution from the consent agenda due to an error in the
booking invoice. Calhoon said the the contract stated $80 an hour for additional hours rather than
the $85 shown in the invoice.
Finance Director Sully Jusino said the CPV (Commercial Passenger Vessel) state funds
were $2.1 million after appropriation. Jusino said the funds were restricted and the city had to ask
for council approval.
Calhoon felt the total amount for 2024 would cover all expenses and they could allocate
more money in 2025 or 2026 as needed. Calhoon noted the corrected hourly amount on the
booking invoice would be $14,640 instead of $15,555. Calhoon did not see the need for the
additional $2,720 booking invoice tonight when it could be looked at again in 2025.
Bickling explained details of the contract that allowed for adjustments to the rates.
Wells confirmed that Seward City Tours was aware of the error with the hourly rate of $85
on the booking invoice.
The resolution was amended to change the dollar amount from $18,275 to $14,640
throughout the resolution.
Motion as Amended Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS
Boards and Commissions Minutes
Approved February 6, 2024, Planning & Zoning Minutes
Approved March 6, 2024, PACAB Minutes
Other Items
Upcoming City Council Meetings
Monday, April 29, 2024, Work Session at 5:30 p.m. Topic: Providence Update
Monday, April 29, 2024, Regular Meeting at 7:00 p.m. (Rescheduled from April 22, 2024)
CITIZEN COMMENTS
Cindy Ecklund, inside city limits, said she had received feedback from local residents
about a pier or dock being built at Lowell Point to offset road closures and tunnel construction.
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City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
Ecklund felt a water taxi service between Lowell Point and Seward was vital. Another comment
she had received from the public pertained to the lost revenue for taxi companies in the wake of
Seward City Tours free shuttle.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Sorensen said the U.S Army Corps of Engineers and City of Seward had met with Lowell
Point Advisory Council regarding the traffic pattern during tunnel construction. On another topic,
Sorensen said the Alice in Wonderland play at the high school was awesome.
Crites encouraged everyone to attend the borough assembly meeting at the library
tomorrow night.
Finch echoed Crites’ comments and thanked Ecklund for her comments tonight.
Calhoon appreciated the borough assembly report from Ecklund. He thanked everyone for
their help in getting through a particularly snowy winter.
Wells thanked Ecklund for her borough assembly report and encouraged people to attend
the assembly meeting tomorrow. He said Army Corps of Engineers gave a detailed presentation
of the Lowell Point Road diversion plan in the prospective drawings. Wells spoke to the tunnel
hydropower idea and encouraged Mr. McDonald to bring forward data to review.
Osenga thanked Sorensen, Barnwell, and Regis for traveling to D.C. to represent Seward.
He said the Seward Community Band also had a concert on the same night as the borough assembly
meeting.
Mayor McClure thanked Ecklund for her borough report. McClure noted that she greeted
the tsunami workshop, and also got to speak about her 1964 earthquake experience. McClure
congratulated the two newest PACAB members Dunn and Howard. McClure noted that Seward
hosted the National Ocean Science Bowl in March and the Seward NOSB team came in third place.
McClure said Alice and Wonderland play at the high school was spectacular. McClure said she
had been meeting with Anchorage Mayor Bronsan’s Energy Coalition to receive presentations
about the natural gas issues. She would be providing a report in the near future on what she had
learned from the energy group.
EXECUTIVE SESSION
Provide direction to attorney and receive advice on potential litigation regarding a land use matter
and Case No. 3SW-23-00046CI.
These are matters, the immediate knowledge of which would clearly have an adverse effect upon
the finances of the public entity and which by law, municipal Charter, or ordinances are required
to be confidential. [Per Seward City Code 2.10.033E (1)(3)]
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City of Seward, Alaska City Council Meeting Minutes
April 15, 2024 Volume 42, Page
Motion (McClure/Osenga) Go Into Executive Session
Those invited to stay were: City Manager Kat Sorensen, Deputy City Manager Jason Bickling,
City Attorney Sam Severin, and City Clerk Kris Peck
Those joining telephonically were: City Attorney Alex Foote and City Attorney Kody George
Motion Passed Unanimous
Council went into executive session at 7:47 p.m.
Council came out of executive session at 8:35 p.m.
ADJOURNMENT
The meeting was adjourned at 8:35 p.m.
_____________________________ _________________________________
Kris Peck Sue McClure
City Clerk Mayor
(City Seal)
23
Ordinance 2024-008
AN ORDINANCE OF THE SEWARD CITY
COUNCIL, AMENDING SEWARD CITY
CODE 2.30.225 and 16.01,
RESPONSIBILITIES OF THE PLANNING
AND ZONING COMMISSION
Documents:
•Agenda Statement
•Resolution 2024-008
•Attachments:
o Subdivision Agreement
Ordinance 2024-008
24
City Council Agenda Statement
Meeting Date: April 29, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Jason Bickling, Deputy City Manager
Subject: Ordinance 2024-008: An Ordinance of the City Council of the City of
Seward, Alaska, Amending Seward City Code 2.30.225 And 16.01,
Responsibilities of the Planning and Zoning Commission
Background and justification:
In Title 2 and Title 15, The Planning and Zoning Commission (“P&Z”) is tasked by council and
explicitly given the authority to shape the city code for responsible and logical development
within the city. Most of this takes place within Title 15: Planning and Land Use Regulations
but there are also important pieces within Title 16: Subdivisions. Currently, there are two
responsibilities of the P&Z in Title 16:
16.05.010 – Required Public Improvements
2.Telephone and electric lines. All new telephone and electric lines shall be installed
underground, unless found to be impractical by the city planning and zoning commission
and affirmed by the city council, and in accordance with specifications of the appropriate
utility companies and the city.
3.Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by the
city council. Fire hydrants shall be provided to standards established by the American
Waterworks Association and shall be a brand specified by the city. The subdivider shall not
be required to drill individual wells.
The Subdivision Agreement is an agreement between any subdivider and the city that dictates
specific requirements for the subdivision and improvements, which are laid out in Title 16.
There are other pieces of Title 16 and the Subdivision Agreement that fall under the category of
responsible and logical development, including but not limited to roads, sidewalks, greenspace,
streetlighting, right of ways, and easements.
Ordinance 2024-008
25
This ordinance will add language to both Title 2 and Title 16 which give them explicit
responsibility for the other portions of Title 16 that tie into their role in helping shape responsible
and logical development of the community.
There is also additional language that will help with administrative interpretation and
enforcement of those titles. Having P&Z input on the requirements of Title 16 and Subdivision
Agreements will be very helpful to Community Development and Administration.
There is also the verbiage change of “telephone” lines to “communication” lines to bring the
language up to speed in a technological sense.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.2.2 Continue to support and improve the capacity of the office of
Community Development
3.7.1.3 Continue to improve the quality and efficiency of city governmental
services
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
Not applicable
Fund Balance Information
Affected Fund ():
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note: amounts are unaudited
Available Fund Balance $
Finance Director Signature:
Ordinance 2024-008
26
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Resolution
Other:
Ordinance 2024-008
27
Sponsored by: Administration
Introduction Date: April 29, 2024
Public Hearing Date: May 13, 2024
Enactment Date: May 23, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE 2.30.225 AND 16.01,
RESPONSIBILITES OF THE PLANNING AND ZONING COMMISSION.
WHEREAS, The Planning and Zoning Commission (“P&Z”) is tasked by council and
given explicit powers to shape city code for responsible and logical development; and
WHEREAS, Title 16: Subdivisions and the Subdivision Agreements both help the City
ensure responsible and logical development; and
WHEREAS, P&Z already has some responsibility over helping administer the
requirements of Title 16; and
WHEREAS, the administrative official could benefit from a greater degree of review and
input from P&Z on Title 16 matters.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS, that:
Section 1. Seward City Code Titles 2 and 16 are hereby amended to read as follows (new
language is in bolded italics and underlined and deleted language is stricken):
2.30.225 Powers and duties.1
A.The commission shall perform the following duties:
1. Interpret the provisions of this title and make compliance determinations when
requested by the administrative official;
2. Review and act upon requests for variance permits, conditional use permits, and other
matters requiring consideration under the Seward Zoning Code;
3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a
minimum of one public hearing. Said recommendations shall be forwarded to the
council for consideration; and
1Editor's note(s)—City Ord. No. 94-04 deleted historic preservation duties and created a separate historic
preservation commission. See § 2.30.410 et seq.
Ordinance 2024-008
28
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 2 of 9
4. Promote public interest and understanding of comprehensive planning, platting,
zoning, land management and other issues relating to community planning and
development.
B. The commission shall act in an advisory capacity to the city council regarding the Seward
Zoning Code, Subdivisions, Seward Comprehensive Plan, Official Zoning Map, Official
Land Use Plan Map, and other duties as requested by the city council.
C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning
Commission regarding the following matters:
1. Subdivision plat proposals;
2. Right-of-way and easement vacation petitions;
3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan
development, updates and amendments; and
4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City
of Seward.
D. The commission shall have no authority to solicit or commit city funds without first
obtaining approval of the city council.
(Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-
04; Ord. No. 2022-004, § 1, 2-14-2022)
16.01.010. Definitions.
Lot. A measured portion of a parcel or tract of land which is described and fixed on a plat
for record.
Parcel. An unsubdivided plot of land.
Person. A natural person, firm, association, partnership, corporation, governmental unit or
combination of any of these entities.
Plat. A map or chart of a surveyed subdivision of land.
Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded
subdivision involving the change of property lines and/or, after vacation, the altering of
dedicated streets, easements or public areas.
Street. A right-of-way which provides for vehicular and pedestrian access to abutting
properties.
Subdivider, owner, proprietor or developer. A person, firm, association, partnership,
corporation, governmental unit or combination of any of these which may hold any legal or
equitable ownership interest in land being subdivided or which has been subdivided. The term
shall also include all heirs, assigns, successors in interest, representatives or personal
representatives of the subdivider, owner, proprietor or developer.
Ordinance 2024-008
29
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 3 of 9
Subdivision. The division of a tract or parcel of land into two or more lots, sites or other
divisions for the purpose, whether immediate or future, of sale, lease or building development,
including any resubdivision and, when appropriate to the context, the process of subdividing of
the land subdivided.
Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is
presently located and for which no building permit for the construction of a permanent dwelling
unit or commercial structure has been requested as of October 1, 1977.
(Ord. 443, 1977)
16.01.015. Conditions to plat approval.
A. No preliminary or final plat for the subdivision or resubdivision of land located within the
city limits shall be approved by the city unless all of the required improvements set forth in
section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the
manner described in section 16.05.015.
B. No preliminary plat of city-owned property may be submitted to the Kenai Peninsula
Borough planning commission for approval without the prior consent of the city council.
C. Public posting. The applicant shall post the property subject to the application with public
notices as provided by the city at least ten days before the date of the required public
hearing. Such notices shall be placed so as to be visible from each improved street adjacent
to the property. The applicant is responsible for removing the posted notices within five
days after the hearing is completed. Failure to properly post notices is grounds for deferral
or denial of the application. No one except the applicant, an agent of the applicant, or the
city shall remove or tamper with any such required posted notice during the period it is
required to be maintained under this paragraph.
D. Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit
signed by the person who posted the notice or caused the posting to be done that the notice
was posted as required by this section.
E. Notification of neighboring property owners. A notice of preliminary plat review shall be
mailed not less than ten days prior to the meeting review date to the owners of record on the
Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery
of the parcel affected by the proposed plat.
F. A plat submitted to create a single parcel through the vacation of interior lot lines shall be
exempt from subsection (c), public posting, (d), proof of posting and (e), notification of
neighboring property owners.
(Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06)
16.01.020. Conveyances restricted in present subdivisions.
Ordinance 2024-008
30
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 4 of 9
Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of
undeveloped lots located within an area covered by a valid plat recorded prior to November 28,
1977, shall convey any such lots to any other person unless he first provides for such lots the
public improvements required by section 16.05.010 in the manner described in section
16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.025. Building permits restricted.
No building permit shall be issued for construction of a dwelling unit on an undeveloped lot
located within an area covered by a valid plat recorded prior to November 28, 1977, until the
owner thereof has provided for such lots the public improvements required by section 16.05.010
in the manner described in section 16.05.015.
(Ord. 443, 1977; Ord. 610, 1988)16.01.030. Exceptions.
The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows:
1. Where the subdivider, owner, proprietor or developer owns not more than six
undeveloped lots located within an area covered by a valid plat recorded prior to the
effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not
apply.
2. Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys
all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and
16.01.025 shall not apply to such conveyances; however, all such restrictions shall
apply to the transferee of such lots.
3. Where the subdivider, owner, proprietor or developer of such undeveloped lots serves
upon the city manager written notice of his intent to convey or construct, and the city
manager certifies that the city cannot provide access to a particular public improvement
required by section 16.05.010 within six months after receipt of notice of such intent,
the subdivider, owner, proprietor or developer shall not be required to provide that
particular improvement prior to the lawful conveyance of such lot or prior to the
issuance of a building permit for the construction of a dwelling unit on such lot.
(Ord. 443, 1977; Ord. 610, 1988)
16.01.035 Administrative official.
The City Manager or his designee is hereby named as the administrative official
(hereinafter referred to as "administrative official") relating to all actions taken by the
Seward planning and zoning commission. The City Manager or his designee shall be
responsible for:
1.Interpreting and enforcing this title;
2.Maintaining records of all activity related to this title; and
Ordinance 2024-008
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 5 of 9
3. Processing appeals consistent with this title.
16.01.040 Planning and zoning commission.
The Seward planning and zoning commission (hereinafter referred to as "commission")
as established in section 2.30.210 is the body created to assist in the interpretation of this title.
Chapter 16.05. Improvements
Chapter 16.05. Improvements 2
16.05.010. Required public improvements.
The term "required public improvements" shall mean the following:
1. Streets. All streets located within a subdivision subject to the requirements of this title
shall be not less than 50 feet in width and shall be gravel-surfaced according to city
specifications.
2. Telephone Communication and electric lines. All new telephone communication and
electric lines shall be installed underground, unless found to be impractical by the city
planning and zoning commission and affirmed by the city council, and in accordance
with specifications of the appropriate utility companies and the city.
3. Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by
the city council. Fire hydrants shall be provided to standards established by the
American Waterworks Association and shall be a brand specified by the city. The
subdivider shall not be required to drill individual wells.
4. Sewer system. Where the city sewer system will service the area covered by the plat or
proposed plat, the subdivider shall provide the sewer system in compliance with all
applicable state and federal health and environmental laws and regulations.
5. Street lighting. Street lighting shall be installed in accordance with the requirements of
the city.
(Ord. 443, 1977; Ord. 610, 1988)16.05.015. Compliance procedure.
A. The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements
of this title when he has entered into the subdivision agreement with the city. The
subdivision agreement shall be written to cover one or a combination of the following
alternatives available to the subdivider:
2See Sec. 14.15.535 as to electric service extensions to subdivisions.
Ordinance 2024-008
32
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 6 of 9
1. The subdivider may elect to complete all required public improvements prior to
approval and recording of the final plat or prior to sale or issuance of a building permit,
as the case may be. If this is done, the subdivision agreement, delineating the
construction and inspection requirements for each improvement, shall be entered into
prior to commencement of construction.
2. The subdivider may elect to complete required improvements after approval and
recording of the final plat, the conveyance or the issuance of the building permit. In
this event, the subdivision agreement shall delineate:
a. The construction and inspection requirements of the appropriate governmental agency
or city department concerning the required improvements;
b. The time schedule for completion of required improvements;
c. A method of insuring that such improvements shall be completed to the specifications
required and in the time schedule agreed upon.
3. The subdivider may elect to form a special assessment district prior to any sales,
obligating all property owners in the subdivision to assume the costs of all required
public improvements not previously installed.
B. The improvements required under the terms of the subdivision agreement shall be fully
completed within three years of the date of execution of the agreement, except if a special
assessment district has been formed, in which case improvements will be installed when a
sufficient demand is made of the city.
C. The subdivision agreement shall provide for the apportionment of the costs of required
public improvements between the city and the subdivider as provided in the special
assessment district or as follows:
1. Administrative and recording costs relating to public improvements guarantees. The
subdivider shall pay 100 percent of all costs incurred in supplying and administering
any method of public improvement guarantees provided for in subsection (d) of this
section;
2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs
relating to any inspection, surveillance and testing by the city necessary for final
acceptance of any required public improvement. Costs of inspection, surveillance and
testing shall be established in advance between the developer and the city upon the
developer's request;
3. Streets. The subdivider shall pay 100 percent of the cost of streets within the
boundaries of the subdivision;
4. Water improvements. The subdivider shall pay 100 percent of the cost of all water
facilities constructed within the subdivision;
5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system
installed within the subdivision;
Ordinance 2024-008
33
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 7 of 9
6. Electric and telephone. The subdivider shall pay 100 percent of the cost of installing
electric lines with cost participation as provided in the current approved tariffs of the
telephone company serving the subdivision;
7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting
apparatus.
D. To assure the installation of required public improvements which are not accepted at the
time the final plat is filed, the subdivision agreement shall require the subdivider to
guarantee the completion of all such improvements by one or more of the methods specified
below. The means of a guarantee may be changed during the guarantee period through a
written modification of the agreement. The amount of guarantee shall be determined on the
basis of the subdivider's cost estimate. The guarantee shall remain in effect until final
acceptance of the required public improvements. The engineer's cost estimate shall state the
estimated cost of completion for each required public improvement. Cost estimates for each
required public improvement must be approved by the city manager. For purposes of
establishing the amount necessary for the guarantee of completion of public improvements,
a percentage for overrun allowance shall be added to the total estimated cost of public
improvements as follows:
Total Estimated Cost of Improvements Percentage of Overrun Allowance
$0.00 to $500,000.00 20%
$500,001.00 to $1,000,000.00 15%
$1,000,001.00 and over 10%
E. The subdivision agreement shall include one or more of the following methods to guarantee
the construction of required public improvements:
1. Performance bond. The subdivider may elect to provide a surety bond from a company
authorized to do business in the state. The bond shall be in an amount equal to the
estimated cost of all required public improvements plus an overrun allowance as
provided above. The bond shall be payable to the city in the event that any required
public improvements are not finally accepted in accordance with the provisions of this
subdivision agreement and shall be posted by no person other than the subdivider.
2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the
estimated cost of all required public improvements, plus overrun allowances as
provided above, either with the city or in escrow with a responsible financial institution
authorized to do business in the state. In case of an escrow account, the subdivider
shall file with the city an escrow agreement which includes the following terms:
a. Funds of the escrow account shall be held in trust until released by the city and may
not be used or pledged by the subdivider as security in any matter during that time other
than payment for the improvements. The funds may be used for payment of
improvements as made, except that the escrow holder shall withhold from disbursement
Ordinance 2024-008
34
CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 8 of 9
so much of the funds as is estimated to be necessary to complete the construction and
installation of such improvements, plus an overrun allowance as provided above.
b. In the case of a failure on the part of the subdivider to complete any improvement
within the required time period, the institution shall immediately make all funds in the
account available to the city for use in the completion of those improvements.
3. Letter of credit. The subdivider may elect to provide from a bank or other responsible
financial institution authorized to do such business in Alaska, an irrevocable letter of
credit. Such letter shall be filed with the city and shall certify the following:
a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost
of all required public improvements plus overrun allowances as provided above for the
completion of all such improvements;
b. That in case of failure on the part of the subdivider to complete any specified
improvements within the required time period, the creditor shall pay to the city
immediately, and without further action, such funds as are necessary to finance the
completion of those improvements up to the limit of credit stated in the letter.
(4) Special assessment district. The subdivider may elect to pay all required assessments
levied against the property for the installation of public improvements. The city shall
make every reasonable effort to obtain all grant money available for financing of the
public improvements.
(Ord. 443, 1977; Ord. 610, 1988)
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
13th day of May 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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CITY OF SEWARD, ALASKA
ORDINANCE 2024-008
Page 9 of 9
Kris Peck
City Clerk
(City Seal)
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CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664
STANDARD SUBDIVISION AGREEMENT
THE CITY OF SEWARD (hereinafter the "City"), an Alaska home rule city, and _____________,
(hereinafter the "Developer"), enter into the following Agreement this __________ day of ______, 2023.
_________________, executes this Agreement on behalf of the Developer _______________________
warrants that they have authority to execute this Agreement on behalf of the Developer. The parties to
this Agreement shall accept notices at the following addresses and telephone numbers:
OWNER/DEVELOPER CITY
____________________ City Manager
____________________ City of Seward
____________________ P.O. 167: 410 Adams Streets
________________ Seward, Alaska 99664
WHEREAS, Title 16, Chapter 16.05 , of the Seward City Code specifies certain improvements that must
be provided by the sub divider, owner, proprietor or developer (collectively referred to in this Agreement
as “Developer”) prior to conveying platted lots to any other person; and
WHEREAS, such lots must be provided with streets, communication and electric lines, water systems,
sewer systems and street lighting, (SCC § 16.05.010); and
WHEREAS, no building permit may be issued for construction of a dwelling unit on a platted lot until the
owner thereof has provided the required improvements for such lots (SCC § 16.01.025); and
WHEREAS, The Developer seeks the City's agreement to enter into a Contract to construct and install the
improvements described in Article IV of this Agreement in accordance with all the terms, covenants and
conditions of this Agreement, described in Articles I through IV.
NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties
agree as follows:
1. Property Subject to Agreement*. The real property which is the subject of this Agreement
(hereinafter the "Property") is located in the City of Seward and is described as:
________________________ Subdivision according to Plat No ________, recorded on __________ in
the records of the Seward Recording District, Third Judicial District, State of Alaska.
*If Plat has not been finalized, a copy of the preliminary plat shall be provided as Exhibit D. Please
indicate the date of approval by the Seward Planning and Zoning Commission: _________________.
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2. Estimated Cost of Improvements. The Developer shall construct and install the following
improvements in accordance with the standards described herein at the estimated costs set forth
below:
Streets $________ Electrical $________
Sidewalks $________ Survey Monumentation $________
Drainage Plan $________ Street lighting $________
Sanitary sewer $________ Water $________
Traffic control devices $________
Communications $________ Other: $________
The Developer estimates the total cost of the improvements to be:
ARTICLE I
GENERAL PROVISIONS
1.01 APPLICATION OF ARTICLE
Unless this Agreement expressly provides otherwise, all provisions of this article apply to every
part of this Agreement.
1.02 PERMITS, LAWS, AND TAXES
The Developer shall acquire and maintain in good standing all permits, licenses, platting
approvals and other entitlements necessary to its performance under this Agreement. All actions
taken by the Developer under this Agreement shall comply with all applicable permits, licenses,
statutes, ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its
performance under this Agreement.
1.03 RELATIONSHIP OF PARTIES
Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, the
Developer's Engineer, or any contractor or subcontractor of the Developer, be deemed an agent,
employee, or partner of the City, or otherwise associated with the City other than, in the case of
Developer, as an independent contractor of the City. The Developer and its contractors and
subcontractors shall not represent themselves to be agents, employees, or partners of the City, or
otherwise associated with the City other than, in the case of the Developer, as an independent
contractor of the City. The Developer shall notify all its contractors and subcontractors of the
provisions of this section.
1.04 DEVELOPER'S RESPONSIBILITY
The Developer shall be solely responsible for the faithful performance of all terms, covenants,
and conditions of this Agreement, notwithstanding the Developer's delegation to another of the
actual performance of any term, covenant, or conditions hereof.
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1.05 ALLOCATION OF LIABILITY
The Developer shall defend, indemnify and hold the City harmless from any claim, action, or
demand arising from any act or omission of the Developer, its agents, employees, or contractors
related to this Agreement . The liability assumed by the Developer pursuant to this section
includes, but is not limited to claims for labor and materials furnished for the construction of the
improvements.
1.06 DISCLAIMER OF WARRANTY
Notwithstanding this Agreement or any action taken by any person hereunder, neither the City
nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or
merchantability of a property, plan, design, material, workmanship, or structure related to this
Agreement for any purpose.
1.07 NON-DISCRIMINATION
A. In performing its obligations under this Agreement, the Developer shall not discriminate
against any person on the basis of race, creed, color, national origin, gender, marital
status, or age.
B. In selling property or improvements in the subdivision, the Developer shall not
discriminate against any person on the basis of race, creed, color, national origin, gender,
marital status, or age.
1.08 COST OF DOCUMENTS
All plans, reports, drawings, or other documents that this Agreement requires the Developer to
provide the City shall be furnished at the Developer's expense.
1.09 PUBLIC UTILITIES
A. Any public utility service contemplated by this Agreement need be provided only to areas
where the service is allowed by the Regulatory Commission of Alaska and applicable
law. All utility service shall conform to the rules, regulations, and tariffs of the
Regulatory Commission of Alaska and the City of Seward to the extent they may apply.
B. If the Regulatory Commission of Alaska disallows any utility service by the City of any
utility following execution of this Agreement, the provisions of the disallowed service
shall be deleted from the requirements of this Agreement without affecting any other part
hereof. The disallowance shall not be grounds for any claim, action, or demand against
the City.
1.10 TIME IS OF THE ESSENCE
Unless otherwise expressly provided herein, time is of the essence of each and every term,
covenant, and condition of this Agreement.
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1.11 ASSIGNMENTS
A.Except insofar as subsection B of this section specifically permits assignments, any
assignment by the Developer of its interest in any part of this Agreement or any
delegation of duties under this Agreement shall be void, and any attempt by the
Developer to assign any part of its interest or delegate any duty under this Agreement
shall constitute a default entitling the City to invoke any remedy available to it under
Section 1.13. Permitted assignment shall not release the Developer from any obligation
or liability under this Agreement.
B.The Developer may assign its interest or delegate its duties under this Agreement:
1. To contractors and subcontractors, subject to Section 1.05; or
2. As expressly permitted in writing by the City.
1.12 DEFAULT - CITY'S REMEDIES
A.The City may declare the Developer to be in default:
1.If the Developer is adjudged a bankrupt, makes a general assignment for the
benefit of creditors, suffers a receiver to be appointed on account of insolvency,
takes advantage of any Law for the benefit of insolvent debtors; or
2. If the Developer has failed to perform its obligations under this Agreement,
provided the City gives the Developer notice of the failure to perform and the
Developer fails to correct the failure within thirty (30) days of receiving the
notice; or if the failure requires more than thirty (30) days to cure, the Developer
fails within thirty (30) days of receiving the notice to commence and proceed
with diligence to cure the failure.
B.Upon a declaration of default, the City may do any one or more of the following:
1.Terminate the Agreement without liability for any obligation maturing
subsequent to the date of the termination.
2. Perform any act required of the Developer under this Agreement, including
constructing all or any part of the improvements after giving seven (7) days
notice in writing to the Developer. The Developer shall be liable to the City for
any costs thus incurred. The City may deduct any costs incurred from any
payments then or thereafter due the Developer from the City whether under this
Agreement or otherwise.
3. Exercise its rights under any provision of this Agreement, or any bond or
performance or warranty guaranty securing the Developer's obligations under this
Agreement.
4. Pursue any appropriate judicial remedy, including but not limited to an action for
injunction and civil penalties.
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1.13 NON-WAIVER
The failure of the City at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any
part hereof, or the right of the City thereafter to enforce each and every provision hereof.
1.14 INTERPRETATION
A. Each document incorporated by reference herein is an essential part of this Agreement,
and any requirement, duty, or obligation stated in one document is as binding as if stated
in all. All documents shall be construed to operate in a complementary manner and to
provide for a complete project.
B. If the terms of any of the documents and amendments thereto comprising this Agreement
conflict, the conflict shall be resolved by giving the conflicting documents and
amendments thereto the following order of preference:
1. Documents or sections titled "Special Provisions."
2. Article II of this Agreement titled "Improvement Construction Standards and
Procedures," and Article III of this Agreement titled "Acceptance of
Improvements."
3. Article I of this Agreement titled "General Provisions."
4. Documents incorporated under any Article of this Agreement.
5. Article IV of this Agreement titled "Improvement Requirements."
6. Any other document incorporated by reference herein.
1.15 EFFECT OF STANDARD SPECIFICATIONS
Applicable platting, subdivision and land use ordinances of any local authority, and the Kenai
Peninsula Borough Road Standards are incorporated by reference herein as minimum standards
for performance under this Agreement, except where this Agreement specifically provides
otherwise.
1.16 AMENDMENT
The parties may amend this Agreement only by written agreement, signed by all parties which
shall be attached as an appendix hereto.
1.17 JURISDICTION - CHOICE OF LAW
Any civil action arising from this Agreement shall be brought in the Superior Court for the Third
Judicial District of the State of Alaska at Anchorage. The laws of the State of Alaska and the
City of Seward and the Kenai Peninsula Borough shall govern the rights and duties of the parties
under this Agreement
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1.18 SEVERABILITY
Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a
court of competent jurisdiction shall be ineffective to the extent of such invalidity without
invalidating the remaining provisions of the Agreement.
1.20 INTEGRATION
This instrument, and any writings incorporated by reference herein, embody the entire agreement
of the parties. This Agreement shall supersede all previous communications, representations, or
agreements, whether oral or written, between the parties hereto.
1.21 DEFINITIONS
Unless this Agreement expressly provides otherwise, the following definitions shall apply herein:
A. "Improvements" means all work which the Developer is required to perform by this
Agreement.
B. "City Improvements" means improvements which are to be dedicated to the City, or
which are to be operated and controlled by a City owned utility.
C. "City," for the purpose of administering this Agreement, means the City Manager for the
City of Seward, or his designee.
D. "Acceptance" by the City means a determination that an improvement meets minimum
standards and does not refer to accepting a dedication of the improvement by the
Developer.
ARTICLE II
IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES
2.01 RECORDING OF FINAL PLAT
Developer shall be solely responsible for all platting of the property in compliance with
ordinances of the Kenai Peninsula Borough and the City of Seward.
2.02 PREREQUISITES TO CONSTRUCTION
The Developer shall not obtain permits for the construction of improvements or commence the
construction of improvements until the requirements of Sections 2.03 through 2.07 have been
met.
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2.03 PLANS AND SPECIFICATIONS
A. Attached as Exhibits A, B, and C, are all of Developer's plans and specifications
pertaining to the construction of the improvements, including stamped engineer drawings,
submitted for the City's approval.
B. If the City or a governmental entity or agency requires soil tests, or other tests pertaining
to the design of improvements, the Developer shall submit reports of the test results with
the plans and specifications.
C. The City shall approve the plans and specifications as submitted, or indicate to the
Developer how it may modify them to secure approval.
2.04 QUALITY CONTROL PROGRAM
A. The Developer shall submit to the City, in such form as the City may specify, a quality
control program for the construction of the improvements.
B. The quality control program shall provide sufficient inspection and test procedures to
determine compliance with all applicable plans, specifications, and safety requirements.
The program shall include at least the following:
1. The frequency and type of all tests to be performed.
2. A list of all persons who will perform tests and inspections.
3. Procedures for coordinating testing and inspections with the City and for
providing advance notice to the City of all inspections and tests which the City
may witness.
4. Procedures for reporting quality control activities, including discoveries of
deficiencies in the work.
2.05 WORK SCHEDULE
A. Attached as Exhibit C is a work schedule submitted by the Developer.
B. The work schedule shall include a progress chart of a suitable scale, indicating the
approximate percentage of work scheduled for completion at any given time. For each
improvement, the schedule shall indicate starting and completion dates for the following:
1. Clearing, grubbing, and removal of overburden.
2. Excavation, installation, backfill, and compaction for each utility to be installed
by the Developer.
3. Excavation, backfill, and compaction for street facilities other than paving.
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2.06 MATERIALS
A. The Developer shall submit, in such form as the City may specify, detailed information
concerning all materials and equipment it proposes to incorporate into an improvement.
B. Upon the City's request, the Developer shall submit samples of materials or equipment it
proposes to incorporate into an improvement.
2.07 LIABILITY INSURANCE
The Developer shall provide proof that it has acquired the insurance required by the City of
Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired
such insurance, naming the Developer as an insured. [Insurance Broker to provide details.]
2.08 GENERAL STANDARD OF WORKMANSHIP
A. The Developer shall construct all improvements in accordance with plans, specifications,
and contracts approved by the City, and with the terms, covenants, and conditions of this
Agreement. The Developer shall not incorporate any material or equipment into an
improvement unless the City has approved its use. Unless the City specifically agrees
otherwise in writing, all materials, supplies, and equipment incorporated into an
improvement shall be new.
B. If during the course of construction conditions appear which in the exercise of
reasonable engineering judgment require a modification of, or substitution for, approved
materials, equipment, plans, specifications, or contracts to meet a higher standard of
performance, the Developer shall make the modifications or substitution. All such
substitution shall be approved by the City.
C. The Developer shall construct all facilities in the subdivision not otherwise subject to this
Agreement in accordance with applicable statutes, ordinances, and specifications.
2.09 PLACEMENT OF UTILITIES
The Developer shall place all utilities underground, except where this requirement is specifically
waived under Article IV of this Agreement.
2.10 WORK IN RIGHT-OF-WAY
The Developer shall comply with all ordinances and secure all necessary permits and
authorizations pertaining to work in public rights-of-way. The Developer shall coordinate and
supervise the installation and construction of all utility improvements, including those not
otherwise covered by this Agreement, in a manner that will prevent delays in City construction or
other damage to the City and that will permit the City to properly schedule work that it will
perform.
2.11 SURVEYOR
All surveys required for the completion of improvements under this Agreement shall be made by
a person registered as a professional land surveyor under the Laws of the State of Alaska.
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2.12 REQUIRED REPORTING
A. Quality Control: The Developer shall submit to the City regularly and promptly written
reports describing the results of all tests and inspections required by the quality control
program and all other tests and inspections which the Developer may make.
B. Construction Progress: If actual progress indicates that the developer will not perform the
work as scheduled, the Developer shall prepare and submit a revised schedule for the
City's consideration.
C. Surveys: The Developer shall furnish promptly to the City copies of all surveys required
for the completion of the improvements.
D. Express or implied approval by the City of any report or inspection shall not authorize
any deviation from approved plans and specifications or from the terms of this
Agreement.
2.13 PROGRESS PAYMENTS
The Developer shall pay its contractors all contract progress payments when due.
2.14 SURVEILLANCE
A. The City may monitor the progress of the work and the Developer's compliance with this
Agreement and perform any inspection or test which it deems necessary to determine
whether the work conforms to this Agreement.
B. If the Developer fails to notify the City of inspections, tests, and construction progress as
required by Section 2.17, the City may require, at the Developer's expense, retesting,
exposure of previous stages of construction, or any other steps which the City deems
necessary to determine whether the work conforms to this Agreement.
C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this
section are solely for the benefit of the City. The City does not undertake to test or
inspect the work for the benefit of the Developer or any other person.
2.15 STOP WORK ORDERS
A. If the City determines there is a substantial likelihood that the Developer will fail to
comply, or if the Developer does fail to comply with this Agreement, the City may stop
all further construction of improvements by posting a stop work order at the site of the
nonconforming construction and notifying the Developer or its engineer of the order.
B. A stop work order shall remain in effect until the City approves:
1. Arrangements made by the Developer to remedy the nonconformity; and
2. Assurances by the Developer that future nonconformities will not occur.
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C. The issuance of a stop work order under this section is solely for the benefit of the City.
The City does not undertake to supervise the work for the benefit of the Developer or any
other person. No suspension of work under this section shall be grounds for any action or
claim against the City or for an extension of time to perform the work.
D. The Developer shall include in all contracts for work to be performed, or materials to be
used under this Agreement, the following provision:
The City of Seward, pursuant to a Subdivision Agreement on file with the City Clerk and
incorporated by reference herein, has the authority to inspect all work or materials under
this contract and to stop work in the event that the work performed under this Agreement
fails to comply with any provision of the Subdivision Agreement. In the event that a stop
work order is issued by the City, the contractor shall immediately cease all work and
await further instructions from the Developer.
2.16 ACCESS
The City shall have access to all parts of the subdivision necessary or convenient for monitoring
the Developer's performance, inspecting, surveying, testing, or performing any other work.
2.17 MAINTENANCE
A. Until the City accepts the improvements, the Developer shall maintain all existing roads
within the subdivision that are necessary for access. For the purposes of this subsection,
existing roads are roads that physically exist, as distinguished from mere rights-of-ways
dedicated for road purposes.
B. The Developer shall repair or pay the cost of repairing damage to any improvement that
occurs prior to the City's acceptance of the improvements, except for damage caused
solely by the City, its agents, employees, or contractors. The Developer shall give
reasonable notice to the City before undertaking the repair of the damaged improvement.
2.18 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE
A. Before the City accepts the improvements, the City may enter upon, inspect, control, and
operate any improvement if the City determines that such action is necessary to protect
the public's health, safety, and welfare.
B. The action described in subsection A of this section shall not constitute the acceptance of
any improvement by the City, not shall the action affect in any way the Developer's
warranty under this Agreement.
2.19 TIME
A. All improvements required by this Agreement shall be completed in accordance with the
schedule contained in Section 2.05 and Exhibit C of this Agreement.
B. The Developer shall begin actual construction of improvements required under this
Agreement in accordance with the Developer's work schedule as approved by the City
and shall fully complete all required Improvements within 3 years from the date this
Agreement is signed except if a special assessment district has been formed.
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C. If the Developer is delayed by an act or omission of the City not otherwise authorized
under this Agreement, or by changes ordered in the work, labor disputes, fire, delays in
transportation, casualties, or other causes beyond the Developer's control, or by any cause
which the City in its discretion determines to be adequate to justify the delay, the time of
completion of construction under this Agreement may be extended for a reasonable time,
which shall be determined by the City. No extension shall be granted unless the
Developer gives notice in writing to the City within ten (10) days after the occurrence of
the cause for delay. In the case of a continuing delay, only one notice is required.
ARTICLE III
ACCEPTANCE OF IMPROVEMENTS
3.01 PREREQUISITES TO ACCEPTANCE
The City shall not accept the improvements until all the requirements of Sections 3.02 through
3.05 have been met. Improvements may be accepted in phases if agreed upon by both parties.
3.02 MONUMENTS AND AS-BUILTS DRAWINGS
A. Upon completing the improvements, the Developer shall replace lost lot corners and
monuments and shall monument the center lines of all required paved streets with
monuments of at least 30” of 5/8” rebar and 2” alcap at points of curvature, ends of
curvature, intersections, and centers of cu-de-sacs in accordance with this Agreement and
the terms of the City of Seward and Kenai Peninsula Borough code of ordinances and any
standards established thereunder, which are incorporated herein by reference.
B. No later than sixty (60) days after the final inspection and certification under Section 3.05
F, the Developer shall provide the City with one acceptable set of reproducible as-built
drawings for each improvement. The as-built drawings shall be certified by a
professional engineer registered under the laws of the State of Alaska to represent
accurately the improvements as actually constructed.
3.03 CERTIFICATE OF COMPLIANCE
The Developer shall furnish the City with a certificate of compliance for the work performed
under this Agreement.
3.04 CONVEYANCE OF EASEMENTS AND RIGHTS-OF-WAY TO CITY
The Developer shall convey to the City any easement, right-of-way, or other property interest
necessary to allow access to the City improvements to operate, maintain, or repair the City
improvements. The Developer may condition the conveyance upon the City's acceptance of the
improvements.
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3.05 INSPECTION
A. Upon receiving notice that the Developer has completed the improvements, the City shall
schedule inspections of the improvements. The City may inspect all improvements and
any other work in dedicated easements or rights-of-way.
B. A privately-owned utility may inspect any phase of work on an improvement of which it
is to assume control.
C. The City or appropriate privately-owned utility shall inform the Developer in writing of
any deficiencies in the work found in the course of its inspection.
D. The Developer shall, at its own expense, correct all deficiencies found by inspections
under subsection A or B of this section. Upon receiving notice that the deficiencies have
been corrected, the City or appropriate privately-owned utility shall reinspect the
improvements.
E. The City or appropriate privately-owned utility may continue to reinspect an
improvement until the Developer has corrected all deficiencies in the improvement.
F. After final inspection has revealed that all improvements and other work in dedicated
easements and rights-of-way meet City standards, and each privately-owned utility which
is to assume control of an improvement certifies that improvement or improvements are
acceptable to it, and the Developer has furnished the as-built drawings required by
Section 3.02 B, the City shall notify the Developer that all improvements have been
accepted.
3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS
A. The City's final acceptance of the City improvements constitutes a grant to the City of all
the Developer's right, title, and interest in and to the City improvements.
B. By accepting the City improvements under this Agreement, the City does not undertake
to maintain any such improvement, unless obligated to do so by applicable statute,
ordinance, regulation, or tariff.
3.07 DEVELOPER'S WARRANTY
A. The Developer shall warrant the design, construction materials, and workmanship of the
improvements against any failure or defect in design, construction, material, or
workmanship which is discovered no more than one year from the date the City notifies
the Developer of the acceptance of the improvements. This warranty shall cover all
direct and indirect costs of repair or replacement, and damage to the property,
improvements, or facilities of the City or any other person, caused by such failure or
defect or in the course of repairs thereof, and any increase in cost to the City of operating
and maintaining a City improvement resulting from such failures, defects, or damages.
B The Developer's warranty shall not extend to any failure or defect caused solely by
changes in design, construction, or materials required by the City
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C. Except as provided in subsection B of this section, the fact that the City takes any action,
or omits to take any action authorized in this Agreement, including but not limited to
operation or routine maintenance of the improvements prior to acceptance, or
surveillance, inspections, review or approval of plans, tests, or reports, shall in no way
limit the scope of the Developer's warranty.
3.08 CITY'S REMEDIES UNDER WARRANTY
A. The City shall notify the Developer in writing upon its discovery of any failure or defect
covered by the warranty in Section 3.07. The City shall notify the Developer before
conducting any test or inspections to determine the cause of the failure or defect, and
shall notify the Developer of the results of all such tests and inspections.
B. The Developer shall correct any failure or defect covered by the warranty within thirty
(30) days of receiving notice of the failure or defect from the City. The Developer shall
correct the failure or defect at its own expense and to the satisfaction of the City.
C. If the Developer fails to correct the failure or defects within the time allowed by
subsection B of this section, the City may correct the failure or defect at the Developer's
expense. If the Developer fails to pay the City for the corrective work within thirty (30)
days of receiving the City's bill therefor, the City many pursue any remedy provided by
law or this Agreement to recover the cost of the corrective work.
3.09 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY
A. The City shall inspect the improvements at or before the end of the warranty period and
before releasing any performance guaranty or warranty guaranty in effect. The
Developer shall correct any failure or defect in the work revealed by the inspection as
required by Section 3.09.
B. On the Developer's satisfactory performance of all its obligations under this Agreement,
the City shall execute a written statement acknowledging such performance and shall
release any remaining security posted by the Developer under this Agreement.
ARTICLE IV
IMPROVEMENT REQUIREMENTS
4.01 IMPROVEMENTS REQUIRED
A. It is the intent of the City and Developer to provide for the orderly development of the
property and to protect the investment of subsequent owners of the lots.
B. Developer will pay 100% of all cost incurred for Administration, recording, inspection,
surveillance and testing required or necessary to complete the City improvements.
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4.02 STREET, ALLEYWAY, MONUMENTATION, WATERWAY, TRAFFIC CONTROL,
STREET LIGHTING, STREET NAME SIGNING AND DRAINAGE IMPROVEMENTS
A. All improvements to the property shall be provided and constructed in accordance with the
approved plat and the Kenai Peninsula Borough subdivision and other standards.
B. The City shall reimburse the Developer for its share, if any, for construction of improvements
only after receipt from the Developer of invoices for such work and further in accordance
with the provisions of Article III of this Agreement and the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
C. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for street facilities prior to any sales, obligating all property owners in the
subdivision to assume the costs of required streets not previously installed.
D. The streets for which the Developer is not entitled to any reimbursement are estimated to cost
$________ and include an additional 5’ to the existing right of way on 3 of the 4 edges of the
current lot.
E. The Developer is not entitled to reimbursement for the cost of any walkways. The estimated
cost of walkways is $_________. Walkways include:
F. If an erosion and/or sediment control plan is required the Developer will not be entitled to
any reimbursement for such facilities.
G. Drainage and waterway improvements shall be provided as necessary to the improvements
within the subdivision, as well as to accommodate lateral and upstream contribution, as well
as subsurface flows which are exposed during construction. There will be no reimbursement
to the Developer for the cost of drainage and waterway improvements. The estimated cost of
drainage and waterway improvements is $_________.
H. Traffic control devices, excluding electronically timed signals, shall be installed as directed
and/or approved by the Public Works Director. The cost of these improvements is not
reimbursable and is estimated to be $__________. Traffic control devices include:
I. Street lighting will be installed according to standards of the Seward Electric utility and as
approved by the City Electric Engineer. The cost of street lighting is not reimbursable and is
estimated to be $____________.
J. Monumentation shall be provided as shown on the approved Plat ________Subdivision. The
cost is not reimbursable and is estimated to be $____________.
K. Street name signs shall be provided at each intersection and equal the standards established in
the City of Seward. The cost of these improvements is not reimbursable and is estimated to
be $_____________.
4.03 SANITARY SEWER IMPROVEMENTS
Ordinance 2024-008
50
Subdivision Agreement – Non DRP Page 15 of 20
A. Sewer system improvements shall be designed and provided according to City of Seward
Standards and Specifications, in compliance with applicable codes, and as approved by
the Public Works Director and Alaska Department of Environmental Conservation to
service all lots within the subdivision. The outfall(s) of the system will be as directed by
the Public Works Director. There will be no reimbursement for any sewer system
improvements, except as noted below or in accordance with the terms of any developer
reimbursement agreement between City and Developer authorized by SCC Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for sewer facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required sewer facilities not previously installed.
C. The non-reimbursable cost of sanitary sewer improvement is estimated to be
$__________.
4.04 WATER SYSTEM REQUIREMENTS
A. Water system improvements shall be provided and designed according to City of Seward
Standards and Specifications, in compliance with applicable codes and as approved by
the Public Works Director and Alaska Department of Environmental Conservation.
Water service will be provided to all lots in the subdivision. Fire Hydrants shall be red in
color. Spacing and minimum flow shall be according to the Seward Fire Code in effect on
the date of construction. Hydrants shall have a minimum 4’ wide flat grade from the
street to the hydrant with appropriate bollards in place. The cost of improvements
necessary to serve the subdivision shall be borne by the Developer and the Developer is
not entitled to any reimbursement, except as noted below or by the terms of any
developer reimbursement agreement between City and Developer authorized by SCC
Chapter 5.22.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for water facilities prior to any sales, obligating all property owners in
the subdivision to assume the costs of required water facilities not previously installed.
C. The cost of improvements required to serve the subdivision for which the sub-divider is
not entitled reimbursement is estimated to be $____________________.
4.05 ELECTRICAL FACILITIES
A. Electrical improvements shall be provided in accordance with an agreement with the
City, incorporated by reference herein. The total cost of the electrical system serving the
subdivision is estimated to be $___________________.
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for electrical facilities prior to any sales, obligating all property
owners in the subdivision to assume the costs of required electrical facilities not
previously installed.
Ordinance 2024-008
51
Subdivision Agreement – Non DRP Page 16 of 20
4.06 COMMUNICATIONS
Communications improvements shall be provided in accordance with an agreement with
_Telalaska, GCI, or other provider incorporated by reference herein. The total cost of the
communications system serving the subdivision is a nonreimbursable cost estimated to be
$___________.
The City and Developer agree to record a Subdivision Agreement Memorandum in the Seward Recording
District within 10 days of the effective date of this Agreement with a notice that the Agreement is
available for public inspection at the offices of the City Clerk. The Owner and Developer agree to
include the following Notice in all agreements for sale of lots:
The issuance of a Building Permit by the City of Seward for any of the following lots is subject to the
completion of public improvements to such lot in accordance with the Subdivision Agreement including
any amendments, the City Code, regulations, and other applicable law. The lots may be subject to special
assessments for certain improvements.
ARTICLE V
DEVELOPER GUARANTEE
5.01 Amount. The Developer shall provide one of the indicated guarantees in this Article in the
amount of _______________________________ thousand dollars within ten (10) business days
of the date this agreement is signed.
5.02 Form. The developer guarantee shall be in the form of [NOTE CITY AND DEVELOPER
AGREE ON ONE OF THE ALLOWED OPTIONS PRIOR TO SIGNING AGREEMENT
FORMAT THE FORM AGREEMENT TO USE A CHECK THE BOX METHOD]
A.Performance Bond. A surety bond from a company authorized to do business in Alaska for
the amount identified in paragraph 5.01 identifying Developer as the principal and the City as
obligee guaranteeing performance of all Developer’s obligations under this Agreement.
B.Deposit on Escrow. The Developer shall deposit in cash a sum in the amount identified in
paragraph 5.01 either with the City or in escrow with a responsible financial institution
authorized to do business in Alaska and provide City an escrow agreement which includes all
terms required by SCC 16.05.015( e)(2).
C.Letter of Credit. The Developer shall provide from a bank or other responsible financial
institution authorized to do business in Alaska an irrevocable letter of credit in the amount
identified in paragraph 5.01 containing the certifications required by SCC 16.05.015( e)(3).
Ordinance 2024-008
52
Subdivision Agreement – Non DRP Page 17 of 20
ARTICLE VI
DEVELOPER REPAYMENT (FOR DRP)
6.01 Grace Period. The developer has six months after the completion of the utility installation to pay
back the amount assessed to the properties without penalty.
6.02 Amount. The remaining balances after the six month grace period will be charged interest at
prime + 4% annual interest.
......................................................................................................................
IN WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above.
CITY OF SEWARD, ALASKA Developing Entity
BY: _____________________________ BY___________________________________
FName LName, City Manager FName LName, Principal
ATTEST:
________________________________
FName LName, City Clerk
Ordinance 2024-008
53
Subdivision Agreement – Non DRP Page 18 of 20
EXHIBIT A
Plans & Specifications (including stamped engineer drawings)
Ordinance 2024-008
54
Subdivision Agreement – Non DRP Page 19 of 20
EXHIBIT B
Plans and Specifications
(detailed information including materials and equipment)
Ordinance 2024-008
55
Subdivision Agreement – Non DRP Page 20 of 20
EXHIBIT C
Work Schedule
Ordinance 2024-008
56
AGENDA STATEMENT
Meeting Date:
From:
Agenda Item:
April 29, 2024
Jodi Kurtz, Deputy City Clerk
Liquor License Renewal
BACKGROUND & JUSTIFICATION:
The City Council has an opportunity to object to the request for a liquor license renewal for the
following business:
Name of Business:
Licensee:
Zudy’s Cafe
Jan Odhner
Type of License: Restaurant Eating Place/Public Convenience
License Number: 5356
The City of Seward Police Department, Fire Department, Finance Department have completed
their compliance checks and have found no issues.
FISCAL NOTE:
In the event the City of Seward chooses to file a protest for the above liquor license renewals,
then under Alaska Statutes 04.11.480 the City of Seward will be required to assist in or
undertake the defense of its protest.
RECOMMENDATION:
No grounds for protest to the liquor license renewal for Zudy’s Cafe, License #5356 Restaurant
Eating Place/Public Convenience.
57
58
59
60
Ordinance 2024-005
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-2, LOCATED AT 905 SEA LION AVE,
FROM AN INSTITUTIONAL (INS) ZONING
DISTRICT TO AN AUTO COMMERCIAL (AC)
ZONING DISTRICT
Documents:
•Agenda Statement
•Ordinance 2024-005
•Attachments:
o Fort Raymond Subdivision, Replat No. 7, Lot 10A-2
o Property Map
o Current Zoning Map
Ordinance 2024-005
61
City Council Agenda Statement
Meeting Date: April 15, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Daniel Meuninck, Community Development Director
Subject: Ordinance 2024-005; Approving The Land Use Amendment To Rezone
Fort Raymond Subdivision, Replat Number 7, Lot 10A-2, Located At 905
Sea Lion Ave, From A n Institutional (Ins) Zoning District To A n Auto
Commercial (AC) Zoning District
Background and justification:
On February 12, 2024, the City Council passed Ordinance 2024-001, which approved the
rezone of Fort Raymond Subdivision, Replat No. 7, Lot 10A-1, from an Institutional zoning
district to an Auto-Commercial zoning district. This rezone left Lot 10A-2, a 0.716-acre lot
adjacent to the south, zoned Institutional. Lot 10A-2 is owned by the City of Seward and has
a 100’ wide utility easement running east to west through the Lot. To reconcile the spot
zoning that was created when Lot 10A-1 was rezoned to Auto-Commercial, Community
Development staff brought forward the recommendation to rezone Lot 10A-2 from an
Institutional zoning district to an Auto-Commercial zoning district to the Planning and
Zoning Commission.
On April 2, 2024, the Planning and Zoning Commission approved Resolution 2024-008,
recommending the City Council approve the land use amendment to rezone Lot 10A-2.
The public notification process was complied with and the appropriate public hearing, as
required by Seward City Code §15.01.040.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: N/A
Strategic Plan: N/A
Other: SCC 15.01.035(B)(3)
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation ():
Ordinance 2024-005
62
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
Fund Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Ordinance
Other:
Ordinance 2024-005
63
Sponsored by: Sorensen
Introduction Date: April 15, 2024
Public Hearing Date: April 29, 2024
Enactment Date: April 29, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-005
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-2,
LOCATED AT 905 SEA LION AVE, FROM AN INSTITUTIONAL (INS)
ZONING DISTRICT TO AN AUTO COMMERCIAL (AC) ZONING
DISTRICT
WHER EAS, on February 12, 2024, the City Council approved O rdinance 2024-001,
which approved the rezone of Fort Raymond Subdivision, Replat No. 7, Lot 10A-1 from
Institutional to Auto Commercial; and
WHEREAS, the rezoning of Lot 10A-1 left Lot 10A-2 spot-zoned Institutional; and
WHEREAS, all of the surrounding properties are zoned Auto Commercial; and
WHEREAS, Lot 10A-2 will be incorporated, in part, with the future replat for the future
public works building site, Fort Raymond Subdivision, Replat No. 1, 2022 Addition, Lot 7A-1;
and
WHEREAS, the future public works building site is currently zoned Auto Commercial;
and
WHEREAS, to prevent further spot-zoning in the upcoming replat of the future public
works site and Lot 10A -2 it is advisable to rezone Lot 10A-2 to the same zoning district as the
public works site; and
WHEREAS, the current use of Lot 10A-2 as a 100’ utility easement for overhead power
lines greatly limits the land uses for the property despite the zoning district designation; and
WHEREAS, on April 2, 2024, the Planning and Zoning Commission approved
Resolution 2024-008 recommending City Council approval to rezone Lot 10-A-2; and
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 Fort
Raymond Subdivision, Replat Number 7, Lot 10A-2, located at 905 Sea Lion Ave, from an
Institutional (Ins) zoning district to a n Auto Commercial (AC) zoning district.
Ordinance 2024-005
64
CITY OF SEWARD, ALASKA
ORDINANCE 2024-005
Page 2 of 2
Section 2. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
29th day of April 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kris Peck
City Clerk
(C ity Seal)
Ordinance 2024-005
65
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LEI
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Rezone of Fort Raymond Subdivision, Replat No. 7,
Lot 10A-2 from Institutional (INS) to Auto
Commercial (AC)
Drawn By:Selena Soto
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.
´0 125 25062.5 Feet
905 Sea Lion Ave
Ordinance 2024-005
66
Current Zoning
Address: 905 Sea Lion Ave
Proposed Zoning: Auto Commercial
Current Use: vacant; utility easement
Ordinance 2024-005
67
Ordinance 2024-006
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
APPROVING THE LAND USE AMENDMENT
TO REZONE SEWARD TOWNSITE
MARATHON ADDITION, LOT 29, LOCATED
AT 537 FIRST AVE, FROM A SINGLE-
FAMILY RESIDENTIAL (R1) ZONING
DISTRICT TO A PARK (P) ZONING
DISTRICT, AS RECOMMENDED IN THE
MUNICIPAL LANDS INVENTORY AND
MANAGEMENT PLAN
Documents:
•Agenda Statement
•Ordinance 2024-006
•Attachments:
o 537 First Ave – Property Map
o 537 First Ave – Current Zoning Map
Ordinance 2024-006
68
City Council Agenda Statement
Meeting Date: April 15, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Daniel Meuninck, Community Development Director
Subject: Ordinance 2024-006; Approving the Land Use Amendment To Rezone
Seward Townsite Marathon Addition, Lot 29, Located A t 537 First Ave,
From A Single-Family Residential (R1) Zoning District To A Park (P)
Zoning District, As Recommended In The Municipal Lands Inventory And
Management Plan
Background and justification:
On November 27, 2023, the City Council approved Resolution 2023-132 update to the
Municipal Lands Inventory and Management Plan (MLIMP) that was recommended to them
by the Planning and Zoning Commission. This plan identifies municipal owned lands,
explains the current use of each land, and provides recommendations for the future
management of the lands. Certain properties within the plan were recommended by the
Planning and Zoning Commission to be rezoned. This Ordinance addresses one of those
properties.
Page 87 -88 of the MLIMP identifies the location of the Mt Marathon Hiking Trailhead. It is
located on parcel 14803004 or 537 First Avenue. The parcel is currently zoned Single-Family
Residential. The parcel will never be developed for housing, but rather has indefinite plans
to continue its use as a trailhead and emergency vehicle access to Mt Marathon. The
Commission has recommended that the parcel be rezoned from Single-Family Residential
to Park.
On April 2, 2024, the Planning and Zoning Commission approved Resolution 2024-009,
recommending City Council approve the land use amendment to rezone 537 First Ave.
The public notification process was complied with and the appropriate public hearing, as
required by Seward City Code §15.01.040.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Ordinance 2024-006
69
Comprehensive Plan: Vol 1, Chapter 3.6.1.1 “Improve existing and develop additional recreational
infrastructure.”
•Identify, protect, and preserve scenic and natural areas for
recreational enjoyment.”Vol 1, Chapter 3.6.1.2
•Ensure that Municipal land acquired for or converted to long-term or
permanent-park or recreational uses are officially dedicated as park
land.
Strategic Plan: N/A
Other: Municipal Lands Inventory and Management 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: $
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
Fund Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Administration Recommendation
Adopt Ordinance
Other:
Ordinance 2024-006
70
Sponsored by: Sorensen
Introduction Date: April 15, 2024
Public Hearing Date: April 29, 2024
Enactment Date: April 29, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE
SEWARD TOWNSITE MARATHON ADDITION, LOT 29, LOCATED AT
537 FIRST AVE, FROM A SINGLE -FAMILY RESIDENTIAL (R1) ZONING
DISTRICT TO A PARK (P) ZONING DISTRICT, AS RECOMMENDED IN
THE MUNICIPAL LANDS INVENTORY AND MANAGEMENT PLAN
WHEREAS, on November 27, 2023, the City Council approved Resolution 2023-132
update to the Municipal Lands Inventory and Management Plan; and
WHEREAS, the Municipal Lands Inventory and Management Plan contains
recommendations for each of the city owned properties; and
WHEREAS, for certain properties, the Planning and Zoning Commission recommended
that the zoning be changed to more accurately reflect the land uses taking place on the property;
and
WHEREAS, the Mt Marathon hiking trailhead is located at 537 First Ave, which is
currently zoned Single-Family Residential; and
WHEREAS, the traditional and current use of the property is as the trailhead to the Mt
Marathon Hiking Trail and to provide emergency access to Mt Marathon; and
WHEREAS, the traditional and current use of the trailhead property will not change in the
foreseeable future; and
WHEREAS, it is in the public’s benefit to protect the property with an appropriate zoning
designation that represents the recreational and emergency access use; and
WHEREAS, the proposed zoning for 537 First Ave is Park; and
WHEREAS, on April 2, 2024, the Planning and Zoning Commission approved
Resolution 2024-009 recommending the City Council approve a rezone of 537 First Ave to be
Park zoning designation; and
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:
Ordinance 2024-006
71
CITY OF SEWARD, ALASKA
ORDINANCE 2024-006
Page 2 of 2
Section 1. Seward City Council hereby approves the Land Use Amendment to rezone
Seward Townsite Marathon Addition, Lot 29, located at 537 First Ave from a Single-Family
Residential (R1) zoning district to a Park (P) zoning district.
Section 2. Seward City Council hereby approves updating the Municipal Land Inventory
and Management Plan page 88, changing the zoning from Single-Family Residential to Park.
Section 3. Seward City Council hereby approves updating the current and future Land Use
Maps from Single-Family Residential to Park.
Section 4. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
29th day of April 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kris Peck
City Clerk
(C ity Seal)
Ordinance 2024-006
72
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MADISON ST
Rezone of Seward Townsite Marathon Addition
Lot 29 from Single Family Residential (R1)
to Park (P)
Drawn By:Selena Soto
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.
´0 125 25062.5 Feet
537 First Ave
Ordinance 2024-006
73
Current Zoning
Address: 537 First Ave Proposed Zoning: Park
Current Use: Mt Marathon Jeep Trail Trailhead
Ordinance 2024-006
74
Ordinance 2024-007
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
APPROVING THE LAND USE AMENDMENT
TO REZONE GATEWAY SUBDIVISION
ADDITION NO. 2 TRACTS C4, C5, C6 & C7,
TRACT C-6, LOCATED AT 2301 CRABAPPLE
STREET, FROM A SINGLE-FAMILY
RESIDENTIAL (R1) ZONING DISTRICT TO
AN INSTITUTIONAL (INS) ZONING
DISTRICT, AS RECOMMENDED IN THE
MUNICIPAL LANDS INVENTORY AND
MANAGEMENT PLAN
Documents:
•Agenda Statement
•Ordinance 2024-007
•Attachments:
o 2301 Crabapple St – Property Map
o 2301 Crabapple St – Current Zoning Map
Ordinance 2024-007
75
City Council Agenda Statement
Meeting Date: April 15, 2024
To: City Council
Through: Kat Sorensen, City Manager
From: Daniel Meuninck, Community Development Director
Subject: Ordinance 2024-007; Approving The Land Use Amendment To Rezone
Gateway Subdivision Addition No. 2 Tracts C4, C5, C6 & C7, Tract C-6,
Located A t 2301 Crabapple Street, From A Single-Family Residential (R1)
Zoning District To An Institutional (Ins) Zoning District, A s
Recommended In The Municipal Lands Inventory A nd Management Plan
Background and justification:
On November 27, 2023, the City Council approved Resolution 2023-132 update to the
Municipal Lands Inventory and Management Plan (MLIMP) that was recommended to them
by the Planning and Zoning Commission. This plan identifies municipal owned lands,
explains the current use of each land, and provides recommendations for the future
management of the lands. Certain properties within the plan were recommended by the
Planning and Zoning Commission to be rezoned. This Ordinance addresses one of those
properties.
Page 57-58 of the MLIMP identifies the location of the North Water Tank and Pumping
Facility on parcel 14535153 (2301 Crabapple Street). The parcel is currently zoned single-
family residential. A public utility facility requires a conditional use permit (CUP) within a
single-family residential zoning district. This facility received a CUP in 2015 by Resolution
2015-002. The CUP will remai n in effect regardless of the change in zoning and the
following conditions should be retained for the life and use of the structure to protect the
facility and adjacent properties:
1.The applicant shall provide safety and security fencing for the project.
2.The applicant shall install security lighting to reflect away from adjacent residential
areas.
3.Any proposed modification plans shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing fee
established by resolution of the City Council.
4.The water storage tank shall be a non-white color that blends with the environment.
Ordinance 2024-007
76
An institutional zoning district allows a public utility facility outright. Since the area will
never be developed for housing, and is larger than one acre, the Commission has
recommended that it be rezoned from single-family residential to institutional.
On April 2, 2024, the Planning and Zoning Commission approved Resolution 2024-009,
recommending City Council approve the land use amendment to rezone 2301 Crabapple
Street.
The public notification process was complied with and the appropriate public hearing, as
required by Seward City Code §15.01.040.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan: N/A
Other: Municipal Lands Inventory and Management Plan; SCC 15.01.035(B)(3)
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
Fund Balance $
Finance Director Signature:
Attorney Review
Yes Attorney Signature: /s Kody George
Not applicable Comments:
Ordinance 2024-007
77
Administration Recommendation
Adopt Ordinance
Other:
Ordinance 2024-007
78
Sponsored by: Sorensen
Introduction Date: April 15, 2024
Public Hearing Date: April 29, 2024
Enactment Date: April 29, 2024
CITY OF SEWARD, ALASKA
ORDINANCE 2024-007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE LAND USE AMENDMENT TO REZONE
GATEWAY SUBDIVISION ADDITION NO. 2 TRACTS C4, C5, C6 & C7,
TRACT C-6, LOCATED AT 2301 CRABAPPLE STREET, FROM A
SINGLE -FAMILY RESIDENTIAL (R1) ZONING DISTRICT TO AN
INSTITUTIONAL (INS) ZONING DISTRICT, AS RECOMMENDED IN
THE MUNICIPAL LANDS INVENTORY AND MANAGEMENT PLAN
WHEREAS, on November 27, 2023, the City Council approved the Resolution 2023-132
update to the Municipal Lands Inventory and Management Plan; and
WHEREAS, the Municipal Lands Inventory and Management Plan contains
recommendations for each of the city owned properties; and
WHEREAS, for certain properties, the Planning and Zoning Commission recommended
that the zoning be changed to more accurately reflect the land uses taking place on the property;
and
WHEREAS, the north water tank and pumping facility is located at 2301 Crabapple Street,
which is currently zoned Single-Family Residential; and
WHEREAS, this facility received a Conditional Use Permit (CUP) in 2015 by Resolution
2015-002 for the construction and operation of a 600,000-gallon water storage tank; and
WHEREAS, the CUP conditions recommended by staff and the public in Resolution 2015-
002 will remain in effect and should be retained to protect the facility and adjacent properties; and
WHEREAS, the parcel is over one acre and the proposed zoning for 2301 Crabapple Street
is Institutional; and
WHEREAS, a public utility facility is allowed outright in an Institutional zoning district;
and
WHEREAS, on April 2, 2024, the Planning and Zoning Commission approved
Resolution 2024-009 recommending City Council approval to rezone 2301 Crabapple Street; and
WHEREAS, the public notification process w as complied with, and the appropriate public
hearing as required by Seward City Code §15.01.040.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS, that:
Ordinance 2024-007
79
CITY OF SEWARD, ALASKA
ORDINANCE 2024-007
Page 2 of 2
Section 1. Seward City Council hereby approves the Land Use Amendment to rezone
Gateway Subdivision Addition No. 2 Tracts C4, C5, C6 & C7, Tract C-6, Located at 2301
Crabapple Street from a Single-Family Residential (R1) zoning district to an Institutional (I)
zoning district.
Section 2. Seward City Council hereby approves keeping the conditions contained in the
CUP approved by Resolution 2015-002 in effect on the property.
Section 3. Seward City Council hereby approves updating the Municipal Land Inventory
and Management Plan page 58, changing the zoning from Single-Family Residential to
Institutional.
Section 4. Seward City Council hereby approves updating the current and future Land Use
Maps from Single-Family Residential to Institutional.
Section 5. This ordinance shall take effect ten (10) days upon enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
29th day of April 2024.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kris Peck
City Clerk
(C ity Seal)
Ordinance 2024-007
80
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Rezone of Gateway Subdivision Addition No. 2
Tract C-6 from Single Family Residential (R1) to
Institutional (INS)
Drawn By:Selena Soto
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.
´0 200 400100 Feet
2301 Crabapple St
Ordinance 2024-007
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Current Zoning
Address: 2301 Crabapple Street
Current Use: North water tank and pumping facility
Current Zoning: Single-Family Residential
Proposed Zoning: Institutional
R1
R1
Ins
RR
R2
R3
R1
RM
CR
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Ordinance 2024-007
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Parking Signs at the Mt. Marathon Hiking Trailhead
Documents:
Memorandum
Attachments:
o 537 First Ave Property Map
o Graphic – Existing Parking Signs
o Graphic – Sign Type Examples
o Graphic – Sign Locations Examples
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City Council Memorandum
Meeting Date:April 29, 2024
To:City Council
Through:Kat Sorensen, City Manager
From:Planning and Zoning Commission
Subject:Parking signs at the Mt Marathon Hiking Trail Head
Background and justification:
On April 2, 2024, the Planning and Zoning Commission approved RES 2024-009. This
Resolution addressed two rezone recommendations from the Municipal Lands Inventory and
Management Plan. One of those rezones was for 537 First Ave, which is the Mt Marathon Hiking
Trail head. The recommendation was to rezone the parcel from single-family residential to park.
Present at the meeting were the property owners of the lots adjacent to 537 First Ave. They were
all in favor of the rezone to park to preserve the current use of the property as a trail head and
emergency access to the Mt Marathon Hiking Trail.
However, they expressed the need for better signage in front of the trailhead prohibiting parking
on 537 First Avenue that blocked the emergency access. They also requested signs be placed on
the north and south sides of Monroe and First Avenue prohibiting parking directly on the corner
of the street that blocked the view of traffic.
The Commission added these recommendations from the public to RES 2024-009 in two
sections that state:
The Planning and Zoning Commission recommends the City Council approve upgrading the
signs at the trail head to a uniform height and larger size that say: “No Parking Emergency
Access Only” with red arrows pointing towards the center.
The Planning and Zoning Commission recommends the City Council approve adding two signs
on the north and south sides of Monroe and First Ave that say: “No Parking From Here to the
Corner”.
These recommendations from the Planning and Zoning Commission are being brought forward
to the CityCouncil in this memorandum for discussion and direction on how City Council would
like city administration to proceed.
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Existing Parking Signs at Trail Head
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Sign Examples:
Prohibiting parking in front of trail head
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Sign Examples:
Prohibiting parking on street corners
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City of Seward, Alaska Historic Preservation Commission Meeting Minutes
January 11, 2024 Volume 3, Page 378
CALL TO ORDER
The January 11, 2024 regular meeting of the Historic Preservation Commission was called to
order at 7:16 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 Mary Ann Benoit
Dona Walker Art LeMaster
Laura Erickson Todd Mashlan
comprising a quorum of the Commission; and
Kat Sorensen, City Manager
Allison Stacy, Museum Curator
Kris Peck, City Clerk
Jodi Kurtz, Deputy City Clerk
Excused – Ward
Absent – None
Vacant – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING – None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion () 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
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City of Seward, Alaska Historic Preservation Commission Meeting Minutes
January 11, 2024 Volume 3, Page 379
Chair Report
Chair Libbrecht noted that Vice Chair Ward was out sick tonight.
Report on Historic Preservation Facebook Page
Benoit summarized her report in the packet and the explained the data from the Historic Preservation
Facebook page. She noted their reach was up by 900% from the previous period. Benoit said
consistency was important to keep viewer interest up on Facebook.
NEW BUSINESS
Other New Business Items
Approve the August 24, 2023 Regular Meeting Minutes
Motion (Walker/Benoit) Approve the August 24, 2023 Regular
Meeting Minutes
Motion Passed Unanimous
Approve the October 19, 2023 Special Meeting Minutes
Motion (Walker/Benoit) Approve the October 19, 2023 Special
Meeting Minutes
Motion Passed Unanimous
Approve 2024 Meeting Schedule and Priorities
Motion (Erickson/Walker) Approve 2024 Meeting Schedule and
Priorities
Motion Passed Unanimous
Approve scored Local Seward Historic Register Applications
Motion (Benoit/Erickson) Approve Urbach’s, Standard Oil
Manager’s House and the Alaska’s Point of
View Quonset Hut to be on the Local
Seward Historic Register
Libbrecht noted this historic register was not to be confused with the Historic Walking Tour.
Motion Passed Unanimous
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City of Seward, Alaska Historic Preservation Commission Meeting Minutes
January 11, 2024 Volume 3, Page 380
Approve Priority Order of Walking Tour Signs
Motion (Walker/LeMaster) Approve Top 10 Priority Order of Walking
Tour Signs As Listed
• 304 Second Ave (1912 Erickson House)
• 437 Third Ave (Ballaine House)
• 411 Third Ave (Stewart House)
• 423 Third Ave (Romig/Cameron House)
• 504 Adams Street (I.O.O. F Building)
• 125 Third Avenue (Site of the Mary Lowell homesite and The Line)
• 1411 Chamberlain (Dairy Residence)
• 321 Third Ave (1920 site of the Walter Blue House)
• 300 First Avenue (1925 Overly’s)
• Replacement Sign for 1111 Second Avenue (1916 Stucco Johnson Historic Homesite)
Motion Passed Unanimous
Assign Commission Member to work with City Administrator to write Annual Report
Libbrecht said he would reach out to Vice Chair Sue Ward.
Update Draft of Seward’s Day Proclamation
The clerk’s office would update the Seward’s Day Proclamation for the March 26, 2024 council
meeting.
Discuss Public Noticing for Historic Preservation Award
The clerk’s office would update the Historic Preservation website.
INFORMATIONAL ITEMS AND REPORTS
Regular Meeting and Work Session on April 11, 2024
Historic Preservation Commission confirmed this date would work for their next meeting.
CLG Process Updates
Libbrecht read a letter from Department of Natural Resources that said there was an application for
certified local governments for 60/40 matching grant projects. This application was related
specifically to the historic walking tour signage. Libbrecht said he would update an older application
and have it submitted before the deadline of January 22, 2024.
Hoben Park Updates
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City of Seward, Alaska Historic Preservation Commission Meeting Minutes
January 11, 2024 Volume 3, Page 381
Benoit reported that the City of Seward Parks & Recreation Department would take over purchasing
and planting flowers at Hoben Park. In the future, Benoit was interested in planting lilacs and white
roses. Benoit also said an anonymous doner was going to purchase a memorial bench for Lee
Poleske at Hoben Park.
Project – 1111 Second Avenue Updates
Benoit told the story of the Sweatman House that slid down the side of the mountain and survived
intact. Currently there were steps that led up the steep bank. Benoit said the City of Seward Parks &
Recreation Department was interested in restoring the area and featuring a walking tour sign. This
project could be a collaboration between the City of Seward, Historic Preservation Commission, and
the Rotary Club.
CITIZEN COMMENTS – None
COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Sorensen said she was excited for the new Museum Curator Allison Stacy to be stepping into the
position and to be working closely with the Historic Preservation Commission.
Libbrecht thanked city administration, museum curator, and the clerk’s office for their support. He
said the new energy was contagious in a good way. Libbrecht noted many Seward houses had been
renovated in the wake of the historic walking tour signs.
Erickson echoed the previous comments.
Benoit thanked Allison Stacy for her help with the Facebook page. Benoit said it was exciting to
speak with people who were becoming interested in wanting a historic preservation sign featured on
their property. She thanked all the people who were willing to share their history with the town.
Libbrecht thanked all the former Historic Preservation Commissioners for their hard work that was
still relevant today.
ADJOURNMENT
The meeting was adjourned at 7:56 p.m.
____________________________________ ____________________________________
Kris Peck Tanguy Libbrecht
City Clerk Chair
(City Seal)
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MEMORANDUM
Meeting Date: April 29, 2024
From: Kris Peck, City Clerk
Agenda Item: Verifying Timely Receipt of Financial Disclosure Forms
All Financial Disclosure forms for City Council, Planning and Zoning Commission, and the City
Manager were received by the City Clerk’s office by April 15, 2024. The Financial Disclosure
Forms cover the calendar year from January 1 - December 31, 2023.
The City Clerk’s office maintains the original forms on file for six years, per the city’s records
retention schedule.
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4th of July
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7:00pm CC Mtg
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Chambers)
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6:00pm P&Z
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(Council
Chambers)
2:00pm PACAB
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Loop Mtg
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Community
Library &
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6th Ave,
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