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HomeMy WebLinkAbout05122008 City Council PacketSeward City Council Agenda Packet It's gotta be spring SOMEWHERE?! May 12, 2008 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska kz3&d CITY COUNCIL MEETING AGENDA {Please silence all cellular phones and pagers during the meeting} Note NEW time! May 12, 2008 7:00 p.m. Council Chambers 1. Clark Corbridge 2. Mayor I3. Term Expires 2009 Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta Council Member Term Expires 2009 Tom Smith Council Member Term Expires 2009 Betsy Kellar Council Member Term Expires 2009 Jean Bardarson Council Member Term Expires 2008 Linda Amberg Council Member Term Expires 2008 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney City of Seward, Alaska May 12, 2008 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' 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 2 minutes per speaker and 30 minutes total time for this agenda item.] APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Appreciation Certificate for the Alaska Railroad ........ Pg 4 2. Annual Historic Preservation Award Presented to Lee Poleske............................................................Pg 5 3. Appreciative Presentation to the City of Seward and Resurrection Bay Lions Club by Travis Hoogland. 4. Military Appreciation Proclamation ........................Pg 6 5. Seward Senior Citizen Program wins 2008 Older Americans Month Program Award.......................................Pg 7 6. Summary of Water Compliance Study by Loren Leman. B. Borough Assembly Report C. City Manager's Report D. City Attorney Report E. Port and Commerce Advisory Board Report F. Seward Bear Creek Flood Service Board Report G. Other Reports, Special Presentations 1. Legislative Report by Representative Paul Seaton 2. Legislative Report by Senator Gary Stevens 3. Seward Youth Program by Bob Hicks 4. Seward Community Foundation Report by Margaret Anderson. Council Agenda Page 1 7. PUBLIC HEARINGS A. Ordinances requiring a public hearing 1. Ordinance 2008-009, Amending City Zoning Map By Rezoning Lots 27, 28 And 29, Block 17, Original Townsite Of Seward From Multi -Family Residential (R3) To Central Business District(CBD).................................................................Pg 8 2. Ordinance 2008-010, Amending The City Of Seward Code Section 12.05.011 International Building Code By Adopting The 2006 Edition Of The International Building Code (IBC), Including Revisions...........................................Pg 18 3. Ordinance 2008-011, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2006 Edition Of The International Fire Code (IFC), Including Revisions...................................................................................Pg 41 4. Ordinance 2008-012, Amending The City Of Seward Code, Chapter 12.05.021, Adopting The 2006 Edition Of The International Residential Code (IRC), Including Revisions...................................................................................Pg 55 5. Ordinance 2008-013, Amending The City Of Seward Code, Chapter 12.05.031, Codes Of Technical Regulation, Adopting The 2006 Edition Of The International Mechanical Code (IMC), Including Revisions.......................................Pg 73 6. Ordinance 2008-014, Amending The City Of Seward Code, Chapter 12.05.035 National Electrical Code Adopted, Adopting The 2005 Edition Of The National Electrical Code(NEC)...............................................................................Pg 83 8. UNFINISHED BUSINESS - None 9. NEW BUSINESS A. Resolutions 1. Resolution 2008-038, Supporting The Alaska's Statehood Experience Grant Submission And Appropriating $1500 As A Cash Contribution To Activities And Events Of Seward Gateway To Alaska: Journey To Statehood And Beyond And Appropriating Funds..........................................................................................Pg 86 *2. Resolution 2008-039, Amending The City Council Rules Of Procedure To Amend Rule 2, Council Meeting Time............................................................Pg 90 *3. Resolution 2008-040, Amending The Introduction Of The City Council Rules Of Procedure, Port And Commerce Advisory Board Responsibilities ...................Pg 93 4. Resolution 2008-041, Awarding A Contract For Three Years To Save You Money Services For Custodial Services At The Harbormaster's Building And Public Restrooms City of Seward, Alaska Council Agenda May 12, 2008 Page 2 Behind The National Park Service Building, The Northeast Launch Ramp, And The UplandArea.................................................................................Pg 99 5. Resolution 2008-042, Establishing Local Financial Disclosure Guidelines For Appointed And Elected Officials And Approving The City Of Seward Financial Disclosure Form Upon Voter Approval And Passage Of Proposition #1 At The October 7, 2008 Municipal Election................................................................Pg 111 B. Other New Business Items * 1. Approval Of The April 14, 2008 Regular City Council Meeting Minutes ... Pg 124 2. Re -schedule work sessions to discuss the January, February and March Financials and the sales tax cap increase. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14 EXECUTIVE SESSION A. Go Into Executive Session To Discuss Matters Pertaining To Pending Appeal Litigation In The Case Of; Resurrection Bay Conservation Alliance Vs. City of Seward. 15. ADJOURNMENT City of Seward, Alaska Council Agenda May 12, 2008 Page 3 PROCLAMATION WHEREAS, the Seward City Council established the annual Seward Historic Preservation Award in order to recognize the contributions made by dedicated individuals to preserve the tangible aspects of Seward's heritage; and WHEREAS, the Seward Historic Preservation Commission has chosen Lee Poleske as the 2008 Seward Historic Preservation Award recipient; and WHEREAS, Mr. Poleske has been an active member of the Resurrection Bay Historical Society since 1967, and president of the Society for over 35 years; and WHEREAS, in the early 1970's Mr. Poleske created the Resurrection Bay Historical Society newsletter and in 1989 accepted the Newsletter Award from the Alaska Historical Society; and WHEREAS, he has been the Director and President of the Seward Museum as a volunteer since the1970's; and WHEREAS, in 1977 he initiated the first annual Library Photography Contest which includes an Alaska Past and Present category; and WHEREAS, Mr. Poleske has been a member of the Iditarod Trail Blazers organization since its inception in 1981; and WHEREAS, in 1989 Mr. Poleske orchestrated moving the Seward Museum from the basement of City Hall to its current location on Third Avenue, and he has applied for and been awarded numerous grants in order to improve the Seward Museum; and WHEREAS, Mr. Poleske served on the Alaska Gold Rush Centennial Commission, was awarded the 1998 Seward Historic Preservation Award, and is a member of the Seward Community Library Museum Steering Committee; and WHEREAS, in 2007 the Alaska Historical Society and Museums Alaska awarded Mr. Poleske with the Volunteer of the Year for the State of Alaska; and WHEREAS, Mr. Poleske is always willing to share his knowledge of Seward's history with locals and visitors and has assisted numerous researchers and writers of articles and books about Seward; and WHEREAS, Mr. Poleske continues to document Seward's history and be known as "Mr. Seward Museum. " NOW, THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, Alaska, do hereby award the 2008 Seward Historic Preservation Award to Lee Poleske and urge all citizens to show their gratitude for his contributions to preserving this community's history. Dated this 12'h day of May, 2008. THE CITY OF SEWARD, ALASKA JClark Corbridge, Mayor PROCLAMATION WHEREAS, May 2008 is the 10`h annual National Military Appreciation Month; and WHEREAS, Seward, as home to the only Alaska -based Military Recreation Camps, hosts thousands of military service members and their families each year, and WHEREAS, Seward's American Legion Post, other community organizations, and the Seward business community actively support those who have served; and WHEREAS, the Armed Services Combat Fishing Tournament is now entering its second year in Seward, increasing participation from 65 combat veterans in 2007 to 250 combat veterans for a one -day halibut tournament on May 22nd hosted in conjunction with the Armed Services YMCA and through the support of generous sponsors and the Seward sport fishing charter fleet; and WHEREAS, Seward businessman, Bob Candopoulos, owner of Saltwater Safari Company, and his event partner, Keith Manternach, of Specialty Truck and Auto, Inc. founded this event and have been instrumental in providing a military appreciation event for Seward that is like no other statewide, bringing together the business community and the sport fishing charter industry to show the members of our armed services how much we appreciate all which they sacrifice for our country; and WHEREAS, this event gives the community of Seward an opportunity to recognize our armed services and those on active duty in all branches of the services, the National Guard and Reserves plus retirees, veterans, and all of their families — well over 90 million Americans and more than 230 years of our nation's history. NOW, THEREFORE, I, Clark Corbridge, Mayor of the City of Seward, Alaska, do hereby recognize Bob Candopoulos and Keith Manternach for their efforts to honor those who have served their country. The City of Seward recognizes May as National Military Appreciation Month and encourages all of the Seward community to join in showing support and gratitude by the appropriate display of flags and ribbons, particularly during the period from May 17` , Armed Services Day, through Memorial Day, observed on May 261h. Dated this 12`h day of May, 2008. THE CITY OF SEWARD, ALASKA G PROCLAMATION WHEREAS, Seward is a community in which 500 citizens age 60 or older make their home; and WHEREAS, older adults in Seward and throughout the U.S. are a growing population with evolving needs; and WHEREAS, older Americans are valuable members of our society who are rich with experience and deserving of our respect; and WHEREAS, the number of baby boomers reaching traditional retirement age continues to increase, a fact that spotlights the need for increased attention to the needs of older adults; and WHEREAS, our older citizens of today and tomorrow promise to be among the most active and engaged older adult populations in our Nation's history; and WHEREAS, it is the responsibility of this and all U.S. communities to work together and prepare for changing older adult populations by modernizing systems of care and providing consumers with more control over their lives; and WHEREAS, the Seward Senior Center has been awarded a 2008 Program Champions Award from the United States Department of Health and Human Service's Administration of Aging; and WHEREAS, recognized for their innovative health promotion program, the Center began promoting monthly foot care clinics and weekly Core Balance classes in 2007 in collaboration with Providence Medical Center; and WHEREAS, the City of Seward congratulates the Seward Senior Center on this great achievement and is grateful for their countless contributions to our community's seniors. NOW THEREFORE, I, Clark Corbridge, Mayor of Seward, Alaska do hereby proclaim May 2008 to be Older Americans Month in Seward and urge everyone to take time this May to honor our older adults and the professionals, family members, and citizens who care for older adults. Dated this 12th day of May, 2008. Clark Corbridge, Mayor Sponsored by: Planning and Zoning Commission Introduction Date: April 28, 2008 Public Hearing Date: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY ZONING MAP BY REZONING LOTS 27, 28 AND 29, BLOCK 17, ORIGINAL TOWNSITE OF SEWARD FROM MULTI -FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, an applicant has requested a rezone of Lots 27, 28, and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD); and WHEREAS, the total area of land being rezoned is approximately 3,000 square feet; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, the official Zoning Map described in SCC 15.01.030 will be amended from Multi -Family Residential (R3) to Central Business District (CBD) as recommended on the official Land Use Plan map; and WHEREAS, the Planning & Zoning Commission has complied with public notice and public hearing procedures for amending zoning and land use district designations, as required by Title 15; and WHEREAS, at the April 1, 2008 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Zoning Map of the City is hereby amended to change the zoning designation of Lots 27, 28 and 29, Original Townsite of Seward from Multi - Family Residential (R3) to Central Business District (CBD) (as displayed in attached document) City of Seward Ordinance No. 2008-009 Page 2 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 0 Council Agenda Statement Meeting Date: April 28, 2008 To: Phillip, Oates, City Manager 1,-4 J Through: Bob Hick, Community Development Director From: Donna Glenz, Planning Assistant Agenda Item: Amending the City of Seward Zoning Map by rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for the City Council's review and adoption is Ordinance 2008-00 amending the City of Seward Zoning Map by rezoning Lots 27, 28, and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). (see attached map) The applicant is requesting this rezone in order to provide land suitable for future commercial uses allowed within the Central Business District and to bring the lots into compliance with the current Land Use Plan approved in the 2020 Comprehensive Plan. The lots directly to the East, across the alley, are currently zoned Auto Commercial. The lots North to Jefferson Street and South to Adams Street are a mixed zoning of Central Business District (CBD) and remaining Multi -Family (R-3). The area to the West is zoned Central Business District (CBD) with the exception of several remaining Multi - Family lots near Jefferson Street. (see attached zoning map) The current uses on the lots to the North consist of the Edgewater parking lot and single family homes. The uses to the South are a single family home and two commercial buildings. The uses to the West are commercial structures and several single family homes. The uses to the East are a mix of commercial structures and single family homes. Each of the three (3) lots being considered for the rezone is approximately 30 feet by 100 feet, totaling approximately 3,000 square feet, which is less than one acre. However the requested rezone meets the Seward City Code by bringing these parcels into compliance with the current Land Use Plan Map SCC 15.01.035, Amendments, (b) (3) states "Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley right-of- ways. " The parcels being considered for the requested zoning change are also contiguous Y� to the Central Business District (CBD) lots directly to the North and West. SCC 15.05.025. Land use districts --Established, definitions a) Established. The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time ofpublic hearing, is hereby adopted by reference and declared to be a part of this chapter. The current zoning of the area requested for rezone is Multi -Family Residential (R3) defined in SCC 15.05.025 (b) "Definitions --Purpose (4) Multi family residential district (R3). Intended to provide opportunities for a higher density residential setting with a mix of housing units which are predominately multi family units close to concentrations of public services, employment and/or recreation. This district may provide a transition between more intensive districts and lower density residential areas if sufficient screening and design features are provided to protect multi family residences from undesirable effects." The requested zoning change is to Central Business District (CBD) defined in SCC 15.05.025 (b.) "Definitions --Purpose (9) Central business district (CBD) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this Zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. " CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2020) X "We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan." (page 14) 2. Land Use Plan (2006) X w The Land Use Plan supports this rezone. 3. Strategic Plan (1999) X _ "Work towards bringing the Zoning Map into conformance with the Land Use Plan." (page 11) At the time of this review one verbal public inquiry had been received by staff. This inquiry came from a neighboring property owner who requested information on the applicants current plans for the lots and what other land uses were allowed in the Central Business District. After explaining the current plans for a "summer market' and other uses allowed within the Central Business District, the neighboring property owner voiced no objections and supported the rezone. PLANNING AND ZONING REVIEW As required by the City Code§15.01.040, neighboring property owners within 300 feet of the area subject to review were notified and the property was posted. The Planning and Zoning Commission held a public hearing on April 1, 2008 and approved Resolution 2008-05 recommending City Council adopt Ordinance 2008-DO rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the change of zoning designation. Approved by Finance Department RECOMMENDATION: The Seward Planning and Zoning Commission recommends: April 28, 2008: Council introduces Ordinance 2008-(rezoning Lots 27, 28 and 29, Block 17, Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD). May 12, 2008: Council conducts a public hearing and adopts Ordinance 2008-1M. City of Seward Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 238 Keil opened the floor for Vice -Chair nominations. McClure proposed a motion to nominate Roach' as the Vice Chair, but Roach' respectfully declined. Motion (Roach'/McClure) Request for Unanimous Consent Motion Passed Elect Margaret Anderson Vice Chair Seeing no further nominations, nominations were closed. Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — RESOLUTION 2008-05 RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 27, 28, AND 29, BLOCK 17, ORIGINAL TOWNSITE OF SEWARD FROM MULTI FAMILY RESIDENTIAL (113) TO CENTRAL BUSINESS DISTRICT (CBD) Hicks reviewed Resolution 2008-05 and stated this was consistent with the comprehensive plan, land use plan and strategic plan. He stated the public hearing requirements had been met, one inquiry had been received about the property use and staff recommended the approval of Resolution 2008-05. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. McClure noted that a clerical error was made in the P & Z agenda statement stating "10 feet by 100 feet" rather than 30 feet by 100 feet. Motion (McClure/Roach') Approve Resolution 2008-05 In response to Heinrich, Hicks stated that the replat was not considered for this issue. Keil clarified the change met the comprehensive plan, land use plan and strategic plan criteria. McClure stated she had not heard any objections on this issue. 3 City of Seward, Alaska Planning Commission Minutes April 1, 2008 Volume 6, Page 2 3 9 Keil stated she had one inquiry about where the lots were located. Hicks stated in the future he would make inquiries to see if other property owners would like to be included in the change. it. Roach' stated she was in favor of an outdoor market and these lots were a great location for In response to Keil, Hicks stated there were provisions in the code for outdoor markets. Motion Passed Unanimous Unfinished Business — None New Business — Discuss the Seward Bear Creek Flood Service Area Flood Mitigation Plan Keil commented this was a great product but she had a few questions. She referred to sections of the Flood Hazard Mitigation Plan. Hicks stated he had requested the Flood Hazard Mitigation Plan be presented to Planning and Zoning as a courtesy since changes had been made since they reviewed it in early 2007. He stated the plan was on the next City Council agenda for adoption and the Seward Flood Board had provided an email with the changes. He volunteered to take the Commissions questions to the Flood Service Board and ask them to address the questions at the City Council meeting. McClure stated that almost any area was subject to flooding. Hicks clarified there were areas that were not part of the flood plain and explained flood hazard risk areas. Keil referred to other sections of the Flood Hazard Mitigation and discussed her concerns. Hicks suggested Keil make a presentation to Council to raise these questions. The Commission discussed the plan in great detail. Hicks asked if he could meet with the Chair to review the plan and decide on a course of action. Discuss changing the meeting time from 7:30 p.m. to 7:00 p.m. 1� Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-05 A RESOLUTION OF THE SEWARD PLANNING AND ZONING. COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF , LOTS 27, 28 AND 29, BLOCK 17, ORIGINAL, TOWNSITE OF SEWARD FROM MULTI FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Joanie Merritt has submitted an application and the filing fee, requesting Lots 27, 28, and 29, Block 17, Original Townsite of Seward, be rezoned from Multi - Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Zoning of the property is Multi -Family Residential (R3) and the current Land Use Plan map designation recommends the property be rezoned to Central Business District (CBD); and WHEREAS, Lots 27, 28 and 29 are each originally platted lots 30 X 100 feet, totaling approximately 3,000 square feet; and WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the land is contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development to the Year 2010"; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 1, 2008. 15 Seward Planning and Zoning Resolution 2008-05 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 27, 28, and 29, "Block 17; Original Townsite of Seward, from Multi -Family Residential (R3) to Central Business District (CBD); and recommends that Ordinance 2008-_ be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this l" day of April 2008. THE CITY OF SEWARD, ALASKA 4M"a2u4=KeiI, Cha' AYES: Heinrich, Keil, McClure, Roach' NOES: None ABSENT: Anderson ABSTAIN: None VACANT: Two ATTEST: CGS GC1iL/tirG��� ean Lewis, CMC City Clerk (Ci�pF :• (j 4Got�tP�RA�T'�t�,'o SEAL : ._..- ►.,� OF P►�P•��•. i6 W Z W Q 0 Current Zoning Map Lots 27, 28 and 29, Original Townsite of Seward 0 100 200 Feet W Z W Q I— Lt_ E `j - � Auto Commercial ADAMS STREET N Alaska Map Company Ordinance 2008- Jonnie Merritt Rezone Request Multi Family to Central Business District CC mtg of April 28 and May 12, 2008 Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE SECTION 12.05.011 INTERNATIONAL BUILDING CODE BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE (IBC), INCLUDING REVISIONS WHEREAS, as of September 13, 2007, the State of Alaska adopted the 2006 Edition of the International Building Code (IBC) replacing the 2003 International Building Code (IBC); and WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts; and WHEREAS, the State of Alaska adopts amendments to modify the code specific to the State of Alaska; and WHEREAS, the City of Seward adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions and to set local fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, that: Section 1. The asterisks note changes made by the State of Alaska, and cannot be changed. The asterisks are for Council and public benefit noting items that were changed by the State. These marks will be removed by the City Clerk before being codified. Section 2. The Seward City Code, Section 12.05.011, Codes of Technical Regulation, is deleted in its entirety and replaced with the following: 12.05.011 International Building Code Adopted. A. The International Building Code, Chapters 1-12, 14-28, 30-35, and appendix C, 2006 Edition, approved and published by the International Code Council, is hereby designated and shall be known as the Seward building code and shall constitute the laws of the city relating to building regulation. Although not published in full in this section, all of the provisions of the International Building Code, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the International CITY OF SEWARD, ALASKA ORDINANCE 2008-010 Building Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Building Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the International Building Code adopted and incorporated as the Seward building code by this section. D. The International Building Code (I.B.C.), 2006 edition, adopted in Subsection A of this section, Chapters 1-12, 14-28, 30-35, and appendix C, are adopted by reference to regulate all occupancies and buildings with the following revisions: (1) *Chapter 1 of the I.B.C. is revised by deleting Sections 101.4.5, 101.4.7, 104.8, 108.4 and 115; (2) *Chapter 1, Subsection 101.2 (Scope), last sentence of the exception of the I.B.C. is revised by adding: "as governed by the provisions of AS 18.70.080": (3) *Chapter 1, Section 101.4.1 (Electrical) of the LB. C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time'; (4) *Chapter 1, Subsection 101.4.4 (Plumbing) of the I.B.C. is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 70.025, as amended of June 14, 2006 and as amended from time to time"; (5) *Chapter 1, Subsection 102.6 (Existing Structures) of the I.B.C., is revised by deleting the reference to the "International Property Maintenance Code"; (6) Chapter 1, Section 103 (Department of Building Safety), of the I.B.C. is revised by replacing the existing title "DEPARTMENT OF BUILDING SAFETY" with "DUTIES AND POWERS OF THE BUILDING OFFICIAL". (7) Chapter 1, Section 103.1 (Creation of Enforcement Agency), is revised by deleting the entire paragraph and title and replacing it with "GENERAL. The official in charge of enforcing the provisions of this code will be known as the Building Official. The Building Official shall have the 19 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." (8) Chapter 1, Subsection 105.1 (Permits), is amended by inserting the phrase "if such work exceeds $1000 in materials and labor expense," after the words "...., or cause any such work to be done," and before the words "...shall first make application to the building official ........"; (9) Table 1-A:: TOTAL VALUATION FEE TABLE 1-A BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for each additional $1000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00. 20 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each $1,000.00, or fraction thereof. Other Inspections and Fees 1. Inspections outside of normal business irs...........................................$47.00 per hour 2. Inspections for which no fee is specifically icated. .......$47.00 per hour 3. Additional plan review required by changes, litions or revisions to plans (minimum charge - -half hour).........................................$47.00 per hour 4. For use of outside consultants for plan and inspections, or ............................................... I .......................................Actual Costs (10) *Chapter 1, Section 105.2 (Work exempt from permit) of the I.B.C., is revised by deleting items 2, 4, and 5 and, adding a new item 14 to read: "14. Buildings classified as a Group U Occupancy, other than those in Appendix L, that are not offered for use by persons other than the property owner or the owner's employees, not open to the public, and not containing hazardous materials in excess of those found in Tables 307.7(1) and 307.7(2). This exemption includes buildings in which the public has no access, such as farm, dairy operations, or greenhouse operations."; (11) *Chapter 1, Section 106.1.1.1 (Fire protection system shop drawings) of the I.B.C., is revised by adding the sentence "A copy of the approved stamped plans are to be retained on site." at the end of the section; (12) *Chapter 1, Section 106.3.1 (Approval of construction documents) ofthe I.B.C., is revised to read: "One set of bound construction documents so reviewed shall be retained by the building official."; (13) * Chapter 1, Subsection 106.3.4.1 (General), third paragraph, first sentence of the 1.B.C. is revised to read: "Structural observation shall be as required by Section 1709." (14) The Fee for each permit shall be as set forth in Table 1-A. (15) When construction documents are required in accordance with Section 106, a plan review fee equivalent to 65% of the Permit Fee, as shown in Table 1-A, shall be paid. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (16) *Chapter 1, Section 107.3 (Temporary power) of the I.B.C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; (17) Chapter 1, Section 112.1 (General) is amended by adding the words "consisting of the City Council of the City of Seward." after the words "hereby created a board of appeals." The period after the word "appeals" is deleted and the third sentence starting with the words "the board of appeals shall...." is deleted in its entirety. The last sentence is also deleted in its entirety. (18) Chapter 1, Section 112.3, (Qualifications) is deleted in its entirety. (19) *Chapter 2, Subsection 201.3 (Terms defined in other codes) of the I.B.C. is revised by deleting the references "International Plumbing Code": (20) *Chapter 2, Section 202 (Definitions) of the I.B.C. is revised by adding a definition to read: "BUILDING, EXISTING, is a building that: (A) was erected before December 5, 1956; or (B) was erected before the adoption of the 2006 International Building Code, 2006 International Fire Code, 2006 International Mechanical Code and the 2006 International Fuel Gas Code and complies with the building code regulations in effect at the time of construction."; (21) *Chapter 3, Section 305.2 (Day care) of the I.B.C., is revised to read: "The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than two and one-half years of age, including children related to the staff, shall be classified as a Group E occupancy."; (22) *Chapter 3, Section 305.2 (Day care) of the I.B.C., is revised by adding a new exception to read: "Exception: Family child care homes (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of this regulation (Group E occupancy), except for smoke alarms as described in Subsection 907.2.10, carbon monoxide detectors and alarms are described in Section 422, means of egress requirements of Section 1003, including emergency escape and rescue openings (as required by Section 1026) in napping or sleeping rooms, and fire extinguisher requirements as described in the International Fire Code; (23) *I.B.C. Chapter 3, Section 308.2 (Group 1- 1) revised by adding a new paragraph between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with Section 423."; .'_ CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (24) *I.B.C. Chapter 3, Section 308.3 (Group I-2) revised by changing the last sentence to read: "A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3."; (25) *Chapter 3, Section 308.3.1 (Child care facility) of the I.B.C., is revised to read: "A child care facility that provides care on a 24-hour basis to more than five children of two and one-half years of age or less, including children related to the staff, shall be classified as Group I-2."; (26) *Chapter 3, Section 308.5 (Group I-4, day care facilities), second sentence of the I.B.C., is revised to read: "A facility such as the above with five or fewer persons, including persons related to the staff, shall be classified as a Group R-3."; (27) *Chapter 3, Section 310.1 (Residential Group R) of the I.B.C., is revised by adding anew paragraph between the first and second paragraphs to read: "For facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations, see Section 419."; (28) *Chapter 4, Section 406.1.4 (Separation) of the I.B.C., paragraph 1 is revised by deleting "1/2 inch (12.7 mm) gypsum board" and replacing it with "5/8 inch (15.88 mm) Type X gypsum board"; (29) *Chapter 4, Section 412.2.1 (Exterior walls) of the I.B. C., is revised by deleting "30 feet (9 144 mm)" and replacing it with "20 feet (6,098 mm)"; (30) *Chapter 4, Subsection 415.6.3 of the I.B.C., is revised by deleting the reference to the "International Fuel Gas Code " and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; (31) *Chapter 4, Section 415.6.4 of the I.B.C., is revised by deleting the reference to the "International Plumbing Code " and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; (32) Chapter 4, Section 415.8.2.8.1 of the I.B. C. is revised by deleting the reference to the "ICC Electrical Code " and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time."; (33) *Chapter 4 (Special Detailed Requirements Based on Use and Occupancy) of the I.B. C., is revised by adding new Section 421 (Special Security Requirements for Elevated Buildings), Section 422 (Carbon Monoxide Detectors and Alarms), and Section 423 (Occupants Needing Special Assistance) (Group I-1 and R-4) to read: SECTION 421 23 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SPECIAL SECURITY REQUIREMENTS FOR ELEVATED BUILDINGS 421.1 All elevated buildings with the lower floor level above grade and open on the sides must be fenced around the building exterior or have skirting below the exterior walls to prevent unauthorized access. Exceptions: 1. Normally unoccupied buildings; 2. Buildings with F, H, S, and U occupancies. f 4 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SECTION 422 CARBON MONOXIDE DETECTORS AND ALARMS 422.1 (Carbon Monoxide Detectors and Alarms) The provisions of this section shall apply to Groups I-1, I-2, and all R occupancies. At least one carbon monoxide detector or alarm shall be installed on each floor level. If a floor level contains bedrooms or sleeping rooms, at least one detector shall be located in the immediate vicinity of the sleeping area, outside of the bedrooms or sleeping rooms. Carbon monoxide detectors and alarms shall be installed in accordance with their listing. The alarm shall be clearly audible in all sleeping rooms, even if the intervening doors are closed. Exceptions: 1. Carbon monoxide detectors and alarms are not required in dwelling units and structures that have no combustion appliances, attached garage, or other vehicle parking within 25 feet of any direct opening. 2. Carbon monoxide detectors and alarms are not required in dwelling units and structures that have only direct vent combustion appliances, and no attached garage, or other vehicle parking within 25 feet of any direct opening. 3. Carbon monoxide detectors and alarms are not required if all combustion equipment is located within a mechanical room separated from the rest of the building by construction capable of resisting the passage of smoke. If the structure has an attached and enclosed parking garage, the garage shall be ventilated by an approved automatic carbon monoxide exhaust system designed in accordance with the 2006 I.M.C. 422.2 Interconnection. In new construction, all carbon monoxide detectors and alarms located within a single dwelling unit shall be interconnected in such a manner that actuation of one alarm shall activate all of the alarms within the individual dwelling unit. 422.3 Power source. In new construction, carbon monoxide detectors and alarms shall receive their primary power from the building wiring if the wiring is served from a commercial source, and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than what is required for overcurrent protection. In existing construction, carbon monoxide detectors and alarms may be powered by battery or a cord -and -plug with battery backup. CITY OF SEWARD, ALASKA ORDINANCE 2008-010 SECTION 423 OCCUPANTS NEEDING PHYSICAL ASSISTANCE 423.1 Applicability. The provisions of this section apply to all Groups I-1 and R-4 occupancies where the occupants need physical assistance from staff or others to respond to emergencies. 423.2 Definitions. In this section "Evacuation Capability" means the ability of occupants, residents, and staff as a group either to evacuate a building or to relocate from the point of occupancy to a point of safety; "Point of Safety" means a location that (a) is exterior to and away from a building; or (b) is within a building of any type construction protected throughout by an approved automatic sprinkler system and that is either (1) within an exit enclosure meeting the requirements of Section 1020; or (2) within another portion of the building that is separated by smoke partitions meeting the requirements of Section 710, with not less than a one-half hour fire resistance rating, and the portion of the building has access to a means of escape or exit that conforms to the requirements of this code and does not require return to the area of the fire." 423.3 Fire Drills And Evacuation Capability Determination. The initial determination of evacuation capability will be determined by a fire drill conducted by a fire code official or by an employee of the Department of Health and Social Services responsible for licensing the facility. Changes to the evacuation capability will be made by a fire code official, based on a record of fire drills conducted by the facility staff. The drills will be conducted six times a year on a bimonthly basis, with at least two drills conducted during the night when residents are sleeping. Records must indicate the time taken to reach a point of safety, date and time of the drill, location of simulated fire origin, escape paths used, and comments relating to residents who resisted or failed to participate in the drills. 423.4 Evacuation Capability and Fire Protection Requirements. Fire protection requirements of a facility under this section are as follows: 423.4.1 Prompt Evacuation Capability. Evacuation capability of three minutes or less indicates prompt evacuation capability. In facilities maintaining prompt evacuation capability, the requirements of the code for Groups I-1 or R-4 occupancies must be followed. 423.4.2 Slow Evacuation Capability. Evacuation capability of more than three but less than 14 minutes indicates slow evacuation capability. In facilities maintaining slow evacuation capability, the facility must be protected by (a) an automatic smoke detection system, using addressable smoke detectors, designed and installed in accordance with the provisions of this code and N.F.P.A. 72- 2007; and (b) an automatic sprinkler system, with quick -response or residential sprinklers, installed in accordance with section 903.3.1.2 (N.FP.A. 13R-2007 (Sprinkler Systems)) or 903.3.1.3 (NFP.A . 1313-2007 (Sprinkler Systems)). �v CITY OF SEWARD, ALASKA ORDINANCE 2008-010 423.4.3 Impractical Evacuation Capability. Evacuation capability of 14 minutes or more indicates impractical evacuation capability. In facilities maintaining impractical evacuation capability, the facility must be protected by (a) the protections for a facility with slow evacuation capability under Section 423.4.2; (b) one-half hour fire -resistive construction throughout the facility; and (c) direct egress from sleeping rooms for occupants needing evacuation assistance either (i) to the exterior at grade level, to an exterior porch or landing via a 3 feet 60 inches wide door; or (ii) if the sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance with Section 710, by egress windows conforming to the provisions of Section 1026. (34) *Chapter 5 (General Building Heights and Areas), of the I.B.C. is revised by adding a new Section 501.3 to read as follows: "Location on property. Buildings must adjoin or have access to a permanent public way or yard on not less than one side. Required yards by this section must be permanently maintained."; (35) *Chapter 5, Section 504 (Height) of the LB.C. is revised by adding a new Section 504.4 to read: "Day care facilities. Facilities that are operated in a primary residence (Group R-3) between the hours of 6:00 a.m. and 10:00 p.m., and accommodating up to a total of 12 children of any age may use the second story of the building without providing an automatic sprinkler system or complying with Table 302.3.2, Table 602, and the Type VA requirements set out in Table 503, if all other applicable legal provisions for a Group E occupancy are met"; (36) *Chapter 5, Table 508.2 (Incidental Use Areas) of the I.B.C., is revised by changing the wording in the first block under the left column to read: "Furnace rooms in Group E, I, and R-1, R-2, and R-4 occupancies regardless of Btu input, and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Btu per hour input"; (37) *Chapter 7, Subsection 717.4.2 (groups R-1 and R-2) of the I.B.C., is revised to read: "Draftstopping must be provided in attics, mansards, overhangs, or other concealed roof spaces of Group R-2 buildings with three or more dwelling units and in all Group R-1 buildings. The intervening space between any two draftstops or walls must be designed for adequate cross ventilation as described in Section 1203.2. Draftstopping must be installed above, and in line with, tenant and dwelling separation walls that do not extend to the underside of the roof sheathing above."; (38) *Chapter 7, Subsection 717.4.2 (Groups R-1 and R-2), Exception 3 of the I.B. C., is revised to read: "Draftstopping in attic spaces of Group R-1 and R-2 occupancies that do not exceed four stories in height may be installed so that the area between draftstops that extends from the ceiling to the roof does not exceed 3,000 square feet, and the greatest horizontal dimension does not exceed 60 feet. The draftstops do not have to be located directly above or in line with walls separating tenant spaces, unless part of construction required by other provisions of this code. Adequate cross ventilation must be provided in accordance with Section 1203.2."; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 (39) *Chapter 8, Section 806.1 (General requirements) of the I.B.C., is revised by adding "or treated by a method approved by the fire code official." at the end of the fourth paragraph; (40) *Chapter 9, Subsection 903.2.2 (Group E)of the I.B. C., is revised to read: "Group E. An automatic sprinkler system must be provided throughout all buildings with Group E occupancies. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. Exceptions: (1) Buildings with Group E occupancies having an occupant load of 49 or less. Day care uses that are licensed to care for more than five persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an equivalent system approved by the building official." 41) *Chapter 9, Section 903.2.7 (Group R) of the I.B. C., is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 through 903.2.7.3"; 42) *Chapter 9 of the I.B. C. is revised by adding a new Section 903.2.7.1 to read: "903.2.7.1 Group R-1. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-1 fire area"; 43) *Chapter 9 of the I.B.C. is revised by adding a new Section 903.2.7.2 to read: "903.2.7.2 Group R-2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleep rooms."; 44) *Chapter 9 of the I.B.C. is revised by adding a new Section 903.2.7.3 to read: "903.2.7.3 Group R-4. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area"; 45) *Chapter 9, Subsection 903.3.1.1 of the I.B. C., is revised by adding a new Subsection 903.3.1.1.2 to read: "Elevator Hoist Ways and Machine Rooms. When the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoist ways and �l� CITY OF SEWARD, ALASKA ORDINANCE 2008-010 machine rooms must occur as described in N.F.P.A. 13-2007, Elevator hoist ways and machine rooms), and adopted by reference, and American Society for Mechanical Engineers (A.S.M.E.) Al 7.1 Safety Code for Elevators and Escalators as adopted by 8 AAC 77.005, as amended as of June 14, 2006 and as amended from time to time"; Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) separated from the remainder of the building as described in Section 3006.4; (2) smoke detection is provided in accordance with N.F.P.A. 72-2007 and adopted by reference: and, (3) notification of alarm activation is received at a constantly monitored location."; 46) *Chapter 9, Subsection 903.3.5 (Water supplies)of the I.B. C. is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 47) *Chapter 9, Section 903.3.6 (Hose threads) of the I.B. C., is revised by deleting "the fire code official' and replacing it with "AS 18.70.084 "; 48) *Chapter 9, Subsection 904.3.1 (Electrical wiring) of the I.B.C. is revised by deleting the reference "ICC Electrical Code " and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 49) *Chapter 9, Section 907.1.1 (Construction documents) of the I.B. C., is revised by adding the following required construction documents for plan review: 12. System riser diagrams.; 50) *Chapter 9, Section 907.2.3 (Group E) of the I.B. C., is revised by deleting Exception 3; 51) *Chapter 9, Subsection 907.2.3 (Group E) of the I.B. C, is revised by adding a second paragraph to read: "Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.10.1.2."; 52) *Chapter 9, Section 907.2.6.1 (Group I-1) of the I.B.C., is revised by deleting Exception 1; 53) *Chapter 9, Subsection 907.2.10 (single and multiple station smoke alarms) of the I.B. C., is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10. L"; 54) *Chapter 9, Section 907.2.10.1.3 (Group I-1) of the I.B. C., is revised by deleting the Exception; 9 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 55) *Chapter 9, Subsection 907.5 (Wiring) of the I.B. C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 56) *Chapter 9, Subsection 907.17 (Record of completion) of the I.B. C., is revised by adding a new sentence to read: "A copy of the acceptance test certificate verifying completion in accordance with N.F.P.A. 72-2007 must be forwarded by the firm conducting the test to the state fire marshal or the deferred jurisdiction having authority within 30 days of the completion of the installation."; 57) *Chapter 9, Subsection 909.11 (Power systems) of the I.B.C., is revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8-AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 58) *Chapter 9, Subsection 909.12.1 (Wiring)of the LB. C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 59) *Chapter 9, Subsection 909.16.3 (Control action and priorities) of the I.B. C exception, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 60) *Chapter 9, Section 910.1 (General) of the I.B.C., is revised by deleting Exception 2; 61) *Chapter 10, Subsection 1009.1 (Stairway width) of the LB. C., is revised by adding exception 5 to read: "Exception: Stairs or ladders used only to attend equipment are exempt from the requirements of this section."; 62) *Chapter 10, Section 1009.5.2 (Outdoor conditions) of the I.B.C., is revised by adding a sentence: "In occupancies other than Group R-3 and Group U occupancies that are accessory to Group R-3 occupancies, surfaces and landings which are part of exterior stairs in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice; 63) *Chapter 10, Section 1010.7.2 (Outdoor conditions) of the I.B.C., is revised by adding a sentence: "In occupancies other than Group R-3 and Group U occupancies that are accessory to Group R-3 occupancies, surfaces and landings that are part of exterior ramps in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice; 64) *Chapter 10, Section 1014.5 (Egress balconies) of the I.B.C., is revised by adding a sentence: "Exterior balconies shall be designed to minimize accumulation of snow or ice that impedes the means of egress."; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 65) *Chapter 10, Section 1015.2.2 (Three or more exits or exit access doorways) of the I.B.C., is revised by adding an exception to read: "Where access to three or more exits is required, the separation distance of the third exit door or exit access doorway shall not be less than one-third of the length of the maximum overall diagonal dimension of the area served."; 66) *Chapter 10, Table 1017.1 (Corridor Fire -Resistance Rating) ofthe I.B.C., is revised by adding a note to read: "R Occupancies shall be allowed to have a one -hour rated corridor without a sprinkler system when the corridor 1. serves any occupant load greater than 10; 2. serves less than 17 dwelling units; and 3. is less than three stories in height."; 67) *Chapter 10, Subsection 1019.1 (Minimum number of exits) of the I.B.C., is revised by adding an exception to read: "Exception: Basements or the first level below the first story in all occupancies except Group R-3 occupancies, used exclusively for the service of the building, may have access to only one exit. Any other use of the basement, or first level below the first story must have at least two exits arranged as described in Section 1014.2. For purposes of this exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building."; 68) *Chapter 10, Section 1026.1 (General ) of the I.B.C., is revised by deleting Exceptions 1, 2, 3, 4 and 7; 69) *Chapter 11, Section 1101.1 (Scope) of the I.B.C., is revised by deleting the first sentence and adding sentences at the end of the section to read: "Compliance review by the state fire marshal's office is limited to the review of the accessible route, means of egress requirements of the code, and at least one accessible toilet room along the accessible route. Compliance with the requirements of this chapter and other provisions within this code for accessibility of persons with physical disabilities is the exclusive responsibility of the owner of the structure or design professional of record. An advisory plan review may be obtained regarding the design for accessibility of a structure from the office of the state coordinator for Americans with Disabilities Act at 801 West 10thAvenue, Suite A, Juneau, Alaska 99801; telephone (907) 465-6929."; 70) *Chapter 12, Subsection 1203.3.2 (Exceptions)of the LB. C., Exception 4, is revised by deleting "in accordance with the International Energy Conservation Code 71) *Chapter 12, Subsection 1205.4.1 (Controls) of the I.B.C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-010 72) * Chapter 12, Section 1206.3.3 (Court drainage) of the I.B. C., is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 73) *Chapter 14, Subsection 1403.2 (Weather protection) of the I.B. C., is revised by deleting the words "in accordance with the International Energy Conservation Code " from the last sentence of the first paragraph; 74) *Chapter 14, Subsection 1405.10.4 (Grounding) of the I.B. C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 75) *Chapter 15, Subsection 1503.4 (Roof drainage)of the I.B. C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 76) *Chapter 16, Section 1601.1 (Scope) of the I.B. C., is revised by adding a second paragraph to read: "This chapter is adopted as design criteria for the structural safety of buildings constructed under this code. Review for conformance with this criteria is not performed by the office of the state fire marshal. Compliance with the requirements of this chapter, other provisions in this code for structural design, the Alaska Administrative Order No. 175, local government flood reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) under C.F.R. 44, Parts 59 - 60, revised as of October 1, 2006, is the exclusive responsibility of the building owner or design professional of record."; 77) Chapter 16, Subsection 1608.1 of the I.B. C., is revised by deleting "Design snow loads shall be determined in accordance with Section 7 of ASCE 7," and replacing it with "Design snow loads in the City of Seward shall be no less than 80 pounds/sq. ft.,"; 78) *Chapter 17, Subsection 1701.1 (Scope) of the I.B. C., is revised by adding a second paragraph to read: "The provisions of this chapter are adopted as criteria to guide the owner and the registered design professional in meeting the tests and special inspections necessary to assure conformance with the applicable standards adopted under this code. Tests and inspections required by this code are not performed by the City of Seward, but are the responsibility of the building owner or design professional of record. The findings of these tests and inspections must be kept for the life of the building."; 79) *Chapter 27, Subsection 2701.1 (Scope) of the I.B. C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 3 2 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 80) *Chapter 27, Subsection 2702.1 (Installation) of the I.B.C., is revised by deleting the reference to the "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time"; 81) *Chapter 31, Section 3103.1 (Temporary Structures) of the I.B.C., the first sentence is revised to read: "The provisions of this section apply in deferred jurisdictions as allowed under 13 AAC 50.075 only, for structures other than tents and membrane structures, erected for a period of less than 180 days."; 82) *Chapter 31 of the I.B.C. is revised by deleting Section 3107 (Signs) and Section 3109 (Swimming Pool Enclosures and Safety Devices); 83) *Chapter 33, Section 3305.1 (Facilities required) of the I.B. C., is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; 84) *Chapter 34, Section 3401.3 of the I.B.C., is revised to read: "Compliance with other codes. Alterations, repairs, additions, and changes of occupancy to existing structures must comply with the provisions for alterations, repairs, additions, and changes of occupancy in the International Fire Code (2006 Edition) as adopted by reference; the Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time; the International Mechanical Code as adopted by reference; and the Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time."; 85) *Chapter 34, Section 3403.1.1 (Flood hazard areas) of the I.B.C., is revised to read: "This Section 3403 is adopted as criteria to guide the owner or the registered design professional of record. Plans are not reviewed by the office of the state fire marshal for compliance. Compliance with the requirements of this section, Alaska Administrative Order No. 175, local government flood reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) under C.F.R. 44, Parts 59 - 60, revised as of October 1, 2006, is the exclusive responsibility of the owner or the registered design professional of record."; 86) *Chapter 34, Section 3406 (Change of Occupancy) of the I.B. C., is revised by deleting Section 3406.2 (Certificate of occupancy); 87) *Chapter 34, Section 3409.1 (Scope) of the I.B.C., is revised by adding a sentence at the end of the first paragraph to read: "This Section 3409 is adopted as a guidance for accessibility"; 88) *Chapter 34, Section 3410.2 of the I.B. C., is revised to read: "Applicability. Structures meeting the definition of "existing structure" under Section 202 of this code in which there is work a] CITY OF SEWARD, ALASKA ORDINANCE 2008-010 involving additions, alterations, or changes of occupancy must conform to the requirements of this section or the provisions of Sections 3403 - 3407 of this code."; 89) *Chapter 34, Subsection 3410.3.2 (Compliance with other codes) of the I.B.C., is revised by deleting the words "and International Property Maintenance Code "; 90) *Chapter 35 (Referenced Standards) of the I.B. C. is revised by changing or adding the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference: N.F.P.A. 10-2007 Portable Fire Extinguishers; N.F.P.A. 13-2007 Installation of Sprinkler Systems; N.F.P.A. 1313-2007 Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes; N.F.P.A. 13R-2007 Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height; N.F.P.A. 14-2007 Standpipe and Hose System; N.F.P.A. 20-2007 Installation of Stationary Pumps for Fire Protection; N.F.P.A. 72-2007 National Fire Alarm Code; N.F.P.A. 750-2006 Standards on Water Mist Fire Protection Systems; (10) *Appendix of the I.B. C is revised by adding anew Appendix K as follows: APPENDIX K REPAIRS TO BUILDING AND STRUCTURES DAMAGED BY THE OCCURRENCE OF A NATURAL DISASTER" K101 Purpose. The purpose of this appendix is to provide a defined level of repair for buildings or structures damaged by a natural disaster in jurisdictions where the governor has declared a formal condition of disaster emergency under AS 26.23 by proclamation. K102 General. Required repair levels must be based on the ratio of the estimated value of the repairs required to restore the structural members to their pre -disaster condition to the estimated replacement value of the building or structure. K103 Structural repairs. When the ratio described in Section K102 does not exceed 10 percent, as determined by design professionals who are professional architects or professional engineers who meet the requirements of AS 08.48 buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must, at a minimum, be restored to their pre -disaster condition. When the ratio described in Section K102 is greater than 10 percent but less than 50 percent, buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must have the damaged structural members, including all critical ties and connections associated with the damaged structural members, all structural members supported by the damaged member, and all structural members supporting the damaged members repaired and strengthened to bring them into compliance with the force levels and connection requirements of this code. These CITY OF SEWARD, ALASKA ORDINANCE 2008-010 requirements apply to those essential facilities when the ratio described in Section K102 is less than 30 percent. Exception: For buildings or structures with rigid diaphragms where the above -required repair and strengthening increases the rigidity of the resisting members, the entire lateral force -resisting system of the building or structure must be investigated. When, in the opinion of the building official, an unsafe or adverse condition has been created as a result of the increase in rigidity, the condition must be corrected. When the ratio described in Section K102 is greater than 50 percent, buildings and structures, except essential facilities included as Category III buildings and structures in Table 1604.5 of this code, must, at a minimum, have the entire building or structure strengthened to comply with the force level and connection requirements of this code. These requirements apply to essential facilities when the ratio described in Section K102 is greater that or equal to 30 percent. K104 Nonstructural repairs to light fixtures and suspended ceilings. Under all ratios calculated under K102, when light fixtures and the suspension systems of a suspended acoustical ceiling are damaged, the damaged light fixtures and suspension systems must be repaired to fully comply with the requirements of Section 803.9.1.1 of this code. Undamaged light fixtures and suspension systems must have the additional support and bracing that is required in Section 803.9.1 of this code."; (91) *Appendix of the I.B. C. is revised by adding a new APPENDIX L as follows: "APPENDIX L OIL AND GAS INDUSTRIAL PROCESSING BUILDINGS L 101 General. These provisions have been established to provide engineering methods for the design and construction of Hydrocarbon Processing Buildings in this state. L102 Scope. These standards supersede the respective requirements of the 2006 International Building Code (I.B.C.), International Mechanical Code (IM.C.), International Fire Code (IF C.) and International Fuel Gas Code (IF. G. C.) as the minimum requirements for occupancies when designing and constructing hydrocarbon buildings in this state. L 102.2 Small unoccupied structures, shelters, and enclosures, such as a wellhead shelter (any item that is put over the top of the wellhead that totally encloses the wellhead), communications shelters (unoccupied buildings with no hazardous vapors, gases, or products open to the atmosphere within the structure and that is utilized solely for the housing of wires and their components), meter building, and shut -down valve enclosures may be classified as a Group U occupancy if the following conditions are met: 1. The building is less than 1,000 square feet; 2. The contents of the building include only meters, valves, or pipe work; 3. The building is not normally occupied more than once during a 12-hour period; and 4. If the building exceeds 250 square feet, the building has at least two exits. JJ CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L103 Basic allowable module size, height, and separation. The basic allowable module size, height, and separation for Hydrocarbon Processing Buildings must comply with Appendix L103.1 - L103.3 of this Code. L 103.1 Area and height. The maximum allowable floor area for Hydrocarbon Processing Buildings using a minimum of Type IIB construction is 10,000 square feet and the building may only be one story. The maximum allowable height shall be 65 feet; the reference datum shall be the top of the first floor framing system. Penthouse and roof structures are permitted to extend above the 65 foot height limit to meet special requirements, including aerial coolers, towers, and tower enclosures. Allowable area and building height increases permitted by Sections 504 and 506 of the I.B. C. do not apply. L 103.1.1 Service area platforms. An elevated platform or series of platforms of Hydrocarbon Processing Buildings may not be classified as a floor or mezzanine within a building, and are not subject to the requirements of Section 505 of the I.B. C. Access and egress requirements for service area platforms must be served by at least two exits per level, with one being directly to an exterior stair. Platforms must be constructed of grating -type material so that the main floor level below is visible through the platform. Upper service area platforms must be kept to the minimum size that is necessary to accomplish occasional service, operating duties, and safe egress. Virtual wall-to-wall grating on upper levels is considered a story and must be included in floor area calculations. L 103.2 Module separation. Hydrocarbon processing buildings must comply with the provisions of Section 501.2 as amended by this code and Sections 704 and 721.6.2.3 of the I.B. C., for all occupancies. Elevated pipe ways extending from a building may not be considered "extensions" of the building. L 103.2.1 Building extensions and service area platforms. Building extensions of Hydrocarbon Processing Buildings into the yard, include landings, platforms, stairs, vessels, vessel enclosures, tanks, and exhaust or intake hoods. Clear and unobstructed access for fire fighting is to be no less than 40 feet. Bridging between buildings must be designed to allow access and operation for firefighting. L104 Stairs, landings, handrails, and guardrails. Stairs, landings, handrails, and guardrails must meet the minimum requirements of 8 AAC 61, as amended as of March 9, 2001 and as amended from time to time; these regulations supersede the respective requirements of the I.B.C. L104.1 Floor level at doors. Floors or landings may be more than one inch lower than the threshold of doorways if an attempt is made to minimize the drop through the use of ramps at interior doorways as described in Section 1008.3.1.6 of the I.B. C. L 105 Construction specifics. The construction of Hydrocarbon Processing Buildings must comply with Appendix L105.1 - L105.4 of this Code. L105.1 Fire walls. When a fire wall is used to qualify under Section 705 of the I.B.C., the wall must comply with that section. If the fire wall does not extend to the ground, the structural supports for the wall must rest upon, and be completely supported by the pilings. 36 CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L105.2 Tank support fireproofing. Fire proofing requirements for steel tank supports, as described in Section 3404.2.9.1.3 of the I.F. C. (2006 Edition) as adopted by reference, may be waived by the building official when justified, based on the remoteness of the facility and lack of public access, or analytical or empirical results indicating that sufficient heat could be transmitted to the permafrost to cause foundation settlement. L105.3 Foam plastic insulated building panels. For hydrocarbon processing buildings used in the actual processing of hydrocarbons and, not normally used in other mineral extraction or manufacturing activities, foam plastic insulated building panels used on these buildings shall apply a foam plastic insulated building panel with a thermal barrier with an index of 15. Factory Mutual approval Standard 4880 or Underwriters Laboratory (UL) Subject 1040 are acceptable tests for the purposes of approval under Section 2603.4 of the LB. C. L105.4 Electrical or communication equipment shelters and wellhead shelters. Thermal barrier requirements as described in Section 2603.4 of the I.B.C. are not required for fiberglass or metal sheeting used for construction of electrical or communication equipment shelters and wellhead shelters if the following conditions are met: 1. Foam used must meet the requirements described in Section 2603.3 of the I.B.C.; 2. The area of an individual shelter may not exceed 1,000 square feet; 3. Separation between individual shelters must be a minimum of six feet; 4. Each wellhead shelter shall only enclose one wellhead; 5. The electrical or communication shelter or wellhead shelter must normally be unoccupied. It is understood that operators need to spend approximately 10 minutes per day taking readings in wellhead shelters and that maintenance is infrequently required. The most extensive maintenance is well wireline work. This work may extend to a week per well and occur once every several year per well. Most of this work is accomplished from outside the wellhead shelter. All maintenance is strictly controlled with a permit system; 6. The electrical or communication shelters designed with workstations in the facility do not qualify for this modification. L106 Fire suppression. The provisions in Sections L106.1 - L106.3 establish the standards for fire suppression at Oil and Gas Hydrocarbon Processing Buildings. L 106.1 Alternate Automatic Fire -Extinguishing (AAFE) system automatic activation for gas detection. In areas of Hydrocarbon Processing Buildings where (1) both fire and explosion hazards exist, (2) both fire and gas detection systems are installed, (3) the fire and gas detection devices alarm at a continuously staffed control room and trained operators can quickly respond to the fire and gas alarms following specific fire and gas alarm response procedures, and (4) collateral fire damage is likely to be minimal, the following (AAFE) operating activation mode is acceptable: Automatic activation of the (AAFE) system upon gas detection coupled with manual activation of the same (AAFE) system on fire detection. L106.2 Manual activation of total flooding fire suppression systems. In areas where (1) the only hazard is fire, not explosion, (2) fire detection devices alarm at continuously staffed control rooms, (3) trained operators can quickly respond to the fire alarms following specific fire alarm response procedures, and (4) J� CITY OF SEWARD, ALASKA ORDINANCE 2008-010 collateral fire damage is likely to be minimal, manual activation of the total flooding fire suppression agent is acceptable. These areas also include continuously staffed control rooms. Ja CITY OF SEWARD, ALASKA ORDINANCE 2008-010 L 106.3 Platform width. In buildings protected with fire sprinkler systems, any platform that exceeds four feet in width or length is considered an obstruction for the purposes of the installation of sprinkler systems under Section 903.3.1.1 of the I.B.C.". Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12`" day of May, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 33 Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates KK✓ From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Building Code BACKGROUND & JUSTIFICATION: September 13, 2007, the State of Alaska adopted the 2006 edition of the International Building Code (IBC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2006 IBC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The Ordinance includes revisions made by the State and also suggested local revisions. The State of Alaska adopts amendments to modify the Code specific to the State of Alaska. These amendments are highlighted with an asterisk to clearly illustrate for the public and Council which amendments can not be changed or deleted. The asterisks will be removed prior to the Ordinance being codified. The City of Seward also adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions. Additional local amendments were also added to set local fees. The local fees are not being increased at this time. The local suggested modifications are not asterisked and can be modified by Council. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: I/, fi!t Approved by the Finance Department: RECOMMENDATION: 0 Approve Ordinance 2008-,amending the City of Seward Code Section 12.05.011 International Building Code by Adopting the 2006 Edition of the International Building Code (IBC), including revisions. M Sponsored by: Oates Introduction : April 28, 2008 Public Hearing: May 12, 2008 Enactment : May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE, CHAPTER 9.15, HEALTH AND SAFETY, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE (IFC), INCLUDING REVISIONS. WHEREAS, as of the 131" day of September 2007, the State of Alaska has adopted the 2006 Edition of the International Fire Code (IFC); and WHEREAS, revisions the State of Alaska makes to the IFC affect the City of Seward's deferral from the State; and WHEREAS, the proposed revisions are consistent with the scope of providing a safer place to live and work for the citizens of the City of Seward. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The asterisks note changes made by the State of Alaska to the IFC. These asterisks are inserted for the benefit of the reader to indicate items which were changed by the State and cannot be modified to be any less restrictive by the City of Seward. These marks will be removed by the City Clerk before being codified. Section 2. The Seward City Code Chapter 9.15.111 is deleted in its entirety and replaced with the following: 9.15.111. 2006 International Fire Code — Adopted. (a) The 2006 edition of the International Fire Code, including appendix chapters listed in subsection (b) below, published by the International Code Council is hereby designated and shall be known as the Seward Fire Code, and shall constitute the laws of the city related to fire prevention. Although not published in full in this section, all of the provisions of the International Fire Code and the appendices cited shall be and are hereby adopted by references to the same extent as if set forth in full herein, except to the extent that the International Fire Code is amended by or in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall apply. (b) The following amendments are made to the International Fire Code 2006 edition, hereinafter sometimes referred to as I.F.C. in its application as the Seward Fire Code. Page 1 of 13 4� i 1. Chapter 1, Section 105.6 is revised by deleting all operational permits except for: 105.6.14 Explosives, 105.6.15 Fire hydrants and valves, 105.6.17 Floor finishing,105.6.30 Open burning, 105.6.36 Pyrotechnic special effects materials, 105.6.43 Temporary membrane structures, tents and canopies. 2. Chapter 1, Section 105.7 is revised by deleting all construction permits except for: 105.7.1 Automatic fire extinguisher systems, 105.7.4 Fire alarm and detection systems and related equipment, 105.7.5 Fire pumps and related equipment, 105.7.12 Standpipe systems, 105.7.13 Temporary membrane structures, tents and canopies. 3. Chapter 1, Section 108, Board of Appeals is amended to reflect SCC 9.15.112. 4. Chapter 1, Section 109.3 is revised by deleting: "shall be guilty of a [specify offense], punishable by a fine of not more than [amount] dollars or by imprisonment not exceeding [number of days], or both such fine and imprisonment"; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." 5. * Chapter 2, Section 201.3 is revised by deleting the references: "International Fuel Gas Code" and "International Plumbing Code" and replacing them with: "Plumbing Code as adopted by 8 ACC 63.010, as amended as of December 6, 2003 and as amended from time to time." 6. * Chapter 2, Section 202, is revised by changing the definition of "Educational Group E, Day Care" to read: "The use of a building or structure, or portion of the building or structure, for education, supervision or personal care services for more than five children who are older than two and one-half years of age, including children related to the staff shall be classified as a Group E occupancy." 7. * Chapter 2, Section 202 is revised by adding a new paragraph between the first and second paragraphs of the definition of"Institutional Group I-1" in "Occupancy Classification" to read: "A facility in this occupancy classification that has occupants who need physical assistance to respond in emergency situations must comply with the International Building Code Section 423." 8. * Chapter 2, Section 202 is revised by adding an exception under the definition of "Educational Group E, Day Care" to read: "Exception: Family child care homes (Group R-3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for (1) smoke detectors/alarms as described in Section 907.2.10, (2) carbon monoxide detectors/alarms as specified in the International Building Code Section 422, (3) means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1025, in napping or sleeping rooms; and (4) portable fire extinguisher requirements as described in Section 906." 9. * Chapter 2, Section 202, first sentence of the last paragraph of the defmition "Institutional Group I-1 is revised to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R-3." 10. * Chapter 2, Section 202, second paragraph of the definition "Institutional Group I-2" is revised to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R-Y' Page 2 of �2 11. * Chapter 2, Section 202, last paragraph of the definition "Institutional Group I-2" is revised to read: "A child care facility that provides care on a 24-hour basis to more than five children who are two and one-half years of age or less, including children related to the staff shall be classified as Group I-2." 12. * Chapter 2, Section 202, second sentence of the definition "Group I-4, day care facilities" is revised to read: "A facility within this occupancy classification with five or fewer persons, including persons related to the staff, shall be classified as a Group R-Y' 13. * Chapter 2, section 202, last sentence of the definition "R-3" in "Residential Group R" of "Occupancy Classification" is deleted and the last sentence of the last paragraph of "R-4" in "Residential Group R" of "Occupancy Classification" is revised to delete the reference to International Residential Code. 14. * Chapter 2, Section 202 is revised by adding a new paragraph of the definition of "R-4" in "Residential Group R" of "Occupancy Classification" between the first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with International Building Code, Section 423." 15. * Chapter 2, Section 202, is revised by the addition of a definition to read: "Service. The annual test, maintenance, or service defined and required by applicable fire protection system maintenance standards set out in Table 901.6.1." 16. * Chapter 3, Section 307.2, Permit required, is revised to read: "Approval. The fire chief of a registered department having jurisdiction, may allow a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application, as required by the chief of that registered fire department, must be presented by the owner of the land upon which the fire is to be kindled before kindling such fire." 17. * Chapter 3, Section 308.3, Open flame, is revised to read: "Open flame. The use ofopen flame in connection with a public meeting or gathering for the purpose of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the registered fire department having jurisdiction." 18. * Chapter 3, Section 311.1.1 is revised by deleting the reference "International Property Maintenance Code." 19. * Chapter 3, Section 311.5, Placards, is revised by deleting this section. 20. * Chapter 4, Section 401.3, Emergency forces notification, the first sentence is revised to read: "In the event an unwanted fire occurs on a property, the owner or occupant shall immediately report the conditions to the registered fire department having jurisdiction." 21. * Chapter 4, Section 404.2, Where required, is revised by deleting paragraph 1. Page 3 04 22. * Chapter 4, Section 405, is revised by the addition of a Section to read; "405.10 False alarms. False alarms may not be counted as a fire drill for the purposes of Section 405. Emergency evacuation drills." 23. * Chapter 4, Section 407.1, is revised to read: "General. The provisions of Section 407.2 through 407.7 shall be applicable, in the discretion of the chief of the registered fire department that has jurisdiction, where hazardous materials are located on the premises." 24. * Chapter 4, Section 408.3, is revised by the addition of a subsection to read "408.3.5 False alarms. False alarms may not be counted as a fire drill for the purpose of this section." 25. * Chapter 5, Section 503.1.1 is revised to read: `Buildings and facilities. The fire chief of the registered fire department having jurisdiction may require approved fire apparatus roadways for every facility, building, or portion of a building constructed or moved into or within the jurisdiction on or after 9/15/2001. The fire apparatus access roadway must be required to comply with the requirements of this section as determined by the chief of that jurisdiction and be required to extend within 150 feet (45 720mm) of all portions of the facility or building or any portion of the exterior wall of the first story of the facility or building as measured by an approved route around the exterior of the building or facility." 26. * Chapter 5, Section 503.1.1, lead in line to the Exception is revised to read: "Exception: The chief of the registered fire department having jurisdiction may increase or decrease the dimension of 150 feet (45 720mm) where:" 27. Chapter 5, Section 503.1.1 is revised by deleting exception 3. 28. * Chapter 5, Section 505.1, Address numbers, the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require that all new and existing buildings be provided with approved address numbers, building numbers, or approved building identification visible from the street or road fronting the property, or on the street or road if the building is not visible from the street or road." 29. * Chapter 5, Section 505.2, the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require streets and roads to be identified with approved signs." 30. * Chapter 5 is revised by adding section 507.4, Smoke obstruction systems, to read: "Smoke obstruction systems associated with security or burglar alarm systems are not allowed." 31. Chapter 5, Section 508.5.1, is revised to read: "Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 250 feet (76.20 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official." This section is further revised by deleting Exceptions 1 and 2. 32. Chapter 5, Section 508.5.4, is revised by adding a new sentence, "The immediate access area is determined to be an area that measures 15 feet from the outlets of the hydrant." Page 4 of 13 33. * Chapter 6, Section 603, is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from to time.", and the references "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 34. * Chapter 6, Section 603.3.1, the last sentence is revised to read: "The storage of fuel oil above ground in quantities exceeding 660 gallons (2498 L) shall comply with NFPA 31 and have a minimum distance to nearest important building by not less than five feet." 35. * Chapter 6, Section 604 of the I.F.C., is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 36. * Chapter 6, Section 604.2.15.2 is revised by the addition of a Section to read: "604.2.15.2.2 Pickup time. The emergency power system must pick up its connected loads within 10 seconds of failure of the normal power supply." 37. * Chapter 6, Sections 605 and 606 are revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 38. * Chapter 7, Section 703.2.3 is revised by adding a new Section 703.2.3.1 to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired from their proper operation at any time. When two or more self -closing fire assemblies within a building have been documented as having been obstructed or impaired during three or more consecutive inspections, the fire code official may order the installation of automatic -closing devices meeting the requirements of subsection 714.2.7.3 of the I.B.C." 39. * Chapter 8, Section 807.1 is revised by adding ", or treated by a method approved by fire code officials" at the end of first paragraph. 40. * Chapter 9, Section 901.4, is revised by adding an Exception to read: "Exception: Buildings temporarily closed due to seasonal operations may have their fire alarm systems deactivate under the following conditions: A. Building is unoccupied; B. Building is properly secured; C. All utilities are disconnected and drained; D. The fire systems are certified as operational before the building is reoccupied; E. A 24-hour a day fire watch as defined in Section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational; F. The fire code official is notified in writing of the closure; and G. A letter from the insurance carrier or, the owner if self -insured, indicating knowledge of the closure is provided to the fire code official." Page 5 of � 41. * Chapter 9, Section 901.5, is revised to read: "Fire detection and alarm systems, fire - extinguishing systems, fire standpipe systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having jurisdiction as to the installation and location, and are subject to the acceptance test required by the standard in Table 901.6.1 for the system or appurtenance. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief of the registered fire department having jurisdiction, are subject to the acceptance tests as contained in the installation standards and as approved by the chief. The chief must be notified before any required testing, and all results of the tests must be conveyed to the chief within 30 days." 42. * Chapter 9, Section 901.6, is revised by adding a second paragraph to read: "Notwithstanding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows: 1. Annually. Exception: Standpipe systems must be inspected, tested, and serviced every five years; 2. After any use or activation; 3. Any time damage is found; 4. After repair or alteration; 5. When required by the fire code official; 6. After seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and a copy of the acceptance test certificate must be forwarded to the fire code official by the person conducting the inspection or test within 30 days of the inspection or test being completed. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(h), including the building owner or the owner's agent." 43. * Chapter 9, Section 903.2.2, is revised to read: "An automatic sprinkler system must be provided throughout all buildings in Group E occupancies and for every portion of educational buildings below the level of exit discharge. The use of a firewail does not constitute a separate building for the purposes of this section. Exception: Buildings with Group E occupancies having an occupant load of 49 or less. Day care uses that are licensed to care for more than five persons between the hours of 10 p.m. and 6 a.m. must be equipped with an automatic sprinkler system designed and installed in accordance with Section 903.3.1.3, or an approved equivalent system." 44. * Chapter 9, Section 903.2.7, is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.7.1 and 903.2.7.2." 45. * Chapter 9 is revised by adding a new Section "903.2.7.1 Group R-2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-2 fire area that are more than two stories in height, including basements, or that have more than sixteen dwelling units or sleeping room." Page 6 of 1, J 46. * Chapter 9 is revised by adding a new Section "903.2.7.2 Group R-4. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R-4 fire area." 47. * Chapter 9, Section 903.3.1.1, is revised by adding a new Section 903.3.1.1.2 to read: "Elevator Hoistways and Machine Rooms. When the provisions of this code requires the installation of automatic sprinkler systems, the installation in elevator hoistways and machine rooms must occur as described in N.F.P.A. 13-2007 Elevator Hoist Ways and Machine Rooms and adopted by reference and the American Society for Mechanical Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 edition) and adopted by reference. Exception: Sprinklers are not required in an elevator machine room where the machine room is: (1) separated from the remainder of the building as described in I.B.C. Section 3006.4; (2) smoke detection is provided in accordance with N.F.P.A. 72-2007 and adopted by reference; and, (3) notification of alarm activation is received at a constantly monitored location." 48. * Chapter 9, Section 903.3.5, is revised be deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 49. * Chapter 9, Section 903.3.6, is revised by deleting "the fire code official" and replacing it with "AS 18.70.084." 50. * Chapter 9, Section 903.6, is revised by adding a new Section 903.6.2 to read: "An approved automatic fire extinguishing system must be installed in a Group E occupancy in accordance with Section 903.2.2, as revised, whenever alteration, repairs, or additions are made to an existing structure containing a Group E Occupancy." 51. * Chapter 9, Section 904.3.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 52. * Chapter 9, Section 906.1 is revised by deleting the Exception in number 1. 53. * Chapter 9, Section 907.1.1, is revised by adding the following construction documents to those that must be submitted for plan review: A. System riser diagrams 54. * Chapter 9, Section 907.2.3, is revised by adding a second paragraph to read: " Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.10.1.2." and by deleting Exception 1. 55. * Chapter 9, Section 907.2.6.1, is revised by deleting Exception 1. 56. * Chapter 9, Section 907.2.10, is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.10.1." Page 7 of -IL 57. * Chapter 9, Section 907.2.10.1.3 is revised by deleting the Exception. 58. * Chapter 9, Section 907.17, is revised by adding a new sentence to read: "A copy of the acceptance test certificate must be forwarded to the state fire marshal or the deferred jurisdiction having authority by the firm conducting the test within 30 days of the completion of the installation." 59. * Chapter 9, Section 909, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 60. * Chapter 9, Section 910.1 is revised by deleting Exception 2. 61. * Chapter 9, Section 912.5, is revised by deleting the reference to the "International Plumbing Code" and replacing it with "Plumbing Code as Adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 62. * Chapter 10, Section 1001.1, is revised by adding the following words to the last sentence of the Exception: "as governed by the provisions of AS 18.70.080." 63. * Chapter 10, Section 1007.3 is revised by deleting Exception 3. 64. * Chapter 10, Section 1009 is revised by adding the following: Exception: 5. "Stairs or ladders used only to attend equipment are exempt from the requirements of this section." 65. * Chapter 10, Section 1009.5.2 is revised by adding ", snow or ice" after "water." 66. * Chapter 10, Section 1010.7.2 is revised by adding ", snow or ice" after "water." 67. * Chapter 10, Section 1013.3 is revised by deleting Exception 5. 68. * Chapter 10, Section 1019, is revised by adding an Exception to read: "Exception: Basements or the first level below the first story in all occupancies except Group R-3, used exclusively for the service of the building, may have access to only one exit. Any other use of the basement or first level below the first story must have at least two exits arranged in accordance with Section 1015.2. For purposes of this Exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building." 69. * Chapter 10, Section 1026 is revised by deleting Exceptions 1, 2, 3, 4, and 7. 70. * Chapter 10, Section 1027.5 is revised by deleting the exception under paragraph 1. 71. * Chapter 11, Section 1102.1 first sentence of the definition "Airport" is revised to delete the words "with an overall length greater then 39 feet (11887 mm) and an overall exterior fuselage width greater then 6.6 feet (2012 mm)." 72. * Chapter 11, Section 1103.5, last sentence, is revised to read: "Aircraft motor vehicles fuel - dispensing stations shall be in accordance with "Chapter 22 of the I.F.C. and N.F.P.A. 407 (2007 edition), and adopted by reference." 73. * Chapter 11, Section 1105 is revised by deleting Section 1105.8. Page 8 of 143 74. * Chapter 11, Section 1106.1, is revised to read: "Aircraft motor vehicle fuel -dispensing stations shall be in accordance with Chapter 22 and N.F.P.A. 407 (2007 edition), and adopted by reference." 75. * Chapter 11, Section 1106.3, is revised by the addition of an Exception to read: "Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: A. The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the tank capacity; B. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose; C. Electrical bonding is provided as required under Section 1106.3.7." 76. * Chapter 11, Section 1106.03.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 77. * Chapter 12, Section 1204.2.3, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 78. * Chapter 14, Section 1403, is revised by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 79. * Chapter 14, Section 1404.7, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 80. Chapter 14, Section 1407.1, is revised by adding "and Seward City Code Chapter 9.15, Article 3." 81. Chapter 14, Section 1407.2, is revised by adding "and Seward City Code Chapter 9.15, Article 3." 82. * Chapter 15, Section 1503, is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 83. * Chapter 15, Section 1504.6.1.2.2, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 84. * Chapter 16, Section 1604.5, is revised (1) by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time", and (2) by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." Page 9 of 85. * Chapter 17, Section 1703.2.1, is revised by deleting the references "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 86. * Chapter 18, Section 1803, is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 87. * Chapter 19, Section 1903.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70,025, as amended as of June 14, 2006 and as amended from time to time." 88. * Chapter 20, Section 2004.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 89. * Chapter 22 is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025 as amended as of June 14, 2006 and as amended from time to time." 90. * Chapter 22, Section 2206.2.3, is revised by adding an item (5) to read: "5. Approved above- ground atmospheric tanks may be used without special enclosure or fire rating if the following criteria are met: A. Tanks must be located as required for "Other Tanks" by Table 2206.2.3; B. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite side of the enclosure. Each gate must be at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence." 91. * Chapter 22, Section 2206.7.7.1, is revised by adding an Exception to read: "Exception: A leak detection device is not required if the underground piping is extra -heavy wall steel with all welded joints, dielectric coating, and cathodic protection." 92. * Chapter 22, Section 2211.2.3, is revised by adding a sentence to the first paragraph to read: "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." 93. * Chapter 24 is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 94. * Chapter 24, Section 2403.12.6.1, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 95. * Chapter 26, Section 2606.4, is revised by deleting the reference "ICC Electrical Code" and replacing it with `Electrical Code as adopted by 8 AC 70.025, as amended as of June 14, 2006 and as amended from time to time." Page 10-pf 1 96. * Chapter 27 is revised by deleting the references to the "ICC Electrical Code" and replacing them with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 97. * Chapter 27, Section 2701.6, is revised to read: "Documentation. The fire chief of the registered fire department having jurisdiction may require the documentation of the closure plans for the termination of the storage, use, or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include as approved facility closure plan in accordance with Section 2701.6.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections 2701.5.1 and 2701.5.2." 98. * Chapter 27, Subsection 2704.2.2.6, is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 99. * Chapter 30 is revised (1) by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time"; and (2) by deleting the references "ICC Electrical Code" and replacing them with `Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 100. * Chapter 32 is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 101. * Chapter 33, Section 3301.1, is revised to insert "and AS 18.72" after "The provisions of this chapter." 102. Chapter 33, Section 3301.1.1, is revised to read: "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and N.F.P.A. 495 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials." 103. * Chapter 33, Section 3301.1.3, is revised, with the exceptions remaining, to read: "The manufacture, storage, sale, handling and use of fireworks is prohibited except as allowed in this section and AS 18.72." 104. *Chapter 33, Section 3301.1, is revised by adding anew Section 3301.1.1.6 to read: "Transportation. Explosive materials must be transported in accordance with 49 C.F.R. Parts 100- 185, revised as of October 1, 2002. No person may sell fireworks, possess, or transport fireworks for sale, conduct a fireworks display described in paragraph I I I of this section, or possess, transport or test dangerous fireworks for such a display, unless the person holds a valid permit or license under this section, and the activity is conducted in accordance with AS 18.72 and this chapter." 105. Chapter 33, Section 3301.2 is revised to read: "Permits shall be required as outlined in Seward City Code, Chapter 9.15, Article 3." 106. * Chapter 33, Section 3301.7, is revised by adding the words "or AS 18.72." Page 11 o j i 3 01 107. * Chapter 33 is revised by deleting Sections 3301.2.4 Financial Responsibility and 3301.2.4.2 Fireworks display. 108. * Chapter 33, Section 3301.2.2, is revised by deleting the words "explosives, explosive materials, or fireworks" and inserting in their place "explosives and explosive materials." 109. * Chapter 33, Section 3308 is revised by re -titling the section "FIREWORKS RETAIL SALES AND DISPLAYS." 110. *Chapter 33, Subsection 3308.6, is revised adding anew Section 3308.6.1 to read: "Mortar construction. Mortars must be constructed of paper, high density plastic pipe, or metal other than cast iron." 111. Chapter 33, Section 3308.11, is revised to read: "The retail display and sale of fireworks shall be prohibited within Seward City Limits." 112. *Chapter 34 is revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 113. *Chapter 34, Section 3404.3.5.1 is revised by deleting this section. 114. *Chapter 34, Section 3406.3, is revised by adding a second sentence to read: "This Section does not apply to offshore oil platforms." 115. *Chapter 35, Section 3501, is revised by adding anew Section 3501.3 to read: "3501.3 Plan review. Where a single container is over 500-gallon (1892.7 L) water capacity or the aggregate capacity of containers is over 500-gallon (1892.7 L) water capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027." 116. *Chapter 36 is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 117. *Chapter 37, Section 3704.2.2.8, is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of June 14, 2006 and as amended from time to time." 118. *Chapter 38 is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of December 6, 2003 and as amended from time to time." 119. *Chapter 45 is revised by changing the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference: N.F.P.A. 10-2007 Portable Fire Extinguishers N.F.P.A. 12-2005 Carbon dioxide extinguishing systems; N.F.P.A. 12A-2004 Halon 1301 fire extinguishing systems; N.F.P.A. 13-2007 Installation of Sprinkler Systems; N.F.P.A. 13D-2007 Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes; N.F.P.A. 13R-2007 Installation of Sprinkler Systems in Residential Occupancies Up to and Page 12 of 13 52- Including Four Stories in Height; N.F.P.A. 14- 2007 Standpipe and Hose Systems; N.F.P.A. 20-2007 Installation of Stationary Pumps for Fire Protection; N.F.P.A. 72- 2007 National Fire Alarm Code; N.F.P.A. 720-2006 Standard on Installation of Carbon Monoxide Warning Equipment in Dwelling Units; N.F.P.A. 750- 2006 Standard on Water Mist Fire Protection System; N.F.P.A. 2001-2004 Clean agent fire extinguishing systems 120. Appendix A, Board of Appeals, is adopted and revised to read: "A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications to the International Fire Code. The procedure for the board of appeals is established in Seward City Code, Chapter 9.15, Article 1, Section 9.15.112." The remainder of Appendix A is deleted. 121. Appendix B, Fire Flow requirements for buildings, is adopted. 122. Appendix C, Fire Hydrant Locations and Distribution is adopted. 123. Appendix D, Fire Apparatus Access Roads is adopted. (c) The City of Seward shall possess these copies of the city designated edition of the International Fire Code for public use, inspection, and examination. Section 3. Section 9.15.112 Uniform Fire Code- Enforcement, appeals is amended to read "International Fire Code — Enforcement, appeals". Section 4. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 12th day of May, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Page 13of13 53 Council Agenda Statement Meeting Date: April 14, 2008 To: Mayor and Council Members Through: Philip Oates, City Manager lxV From: David Squires, Fire Chief Agenda Item: Adoption of the 2006 International Fire Code BACKGROUND & JUSTIFICATION: As of September 13, 2007, the State of Alaska has adopted the 2006 edition of the International Fire Code (IFC). To be consistent and thereby maintain our agreement with the State, the City of Seward should also adopt the 2006 IFC. I have listed the revisions made by the State and have also included the suggested local revisions for consideration. The items marked with an asterisk are revisions made by the State and are items that Council cannot change. In general, there are no significant changes from the adopted 2000 IFC to the proposed 2006 IFC. However, please note that the City of Seward has adopted more permits, three additional NFPA Standards and is restricting the sale and use of fireworks. Administration encourages the Council to adopt the 2006 International Fire Code, by amending Seward City Code Title 9, Section 9.15, Article 1, Section 9.15.111. Administration is asking Council to modify SCC Section 9.15.112, which refers to the Uniform Fire Code and replace the language "Uniform Fire Code" with "International Fire Code". CONSISTENCY CHECKLIST: Where applicable, this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: N/A Approved by Finance Department: 0)1 RECOMMENDATION: City Council approves Ordinance # --"S-C11 , adopting the 2006 International Fire Code, as revised and modifying SCC section 9.15.112 replacing all references to the Uniform Fire Code with the International Fire Code and making it effective within ten (10) days after adoption. 1911 Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.021, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE (IRC), INCLUDING REVISIONS WHEREAS, the City of Seward currently administers the 2000 IRC; and WHEREAS, the most recent IRC is the 2006 edition; and WHEREAS, it is important to remain current for the purpose of recognizing new building techniques and materials; and WHEREAS, because the current 2006 IRC is the most commonly used industry standard by architects and engineers, our citizens will benefit from more efficient and cost-effective design services if the City of Seward adopts this edition; and WHEREAS, the City of Seward has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions and to set local fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The Seward City Code Section 12.05.021 is deleted in its entirety and replaced with the following: 12.05.021 International Residential Code Adopted. A. The International Residential Code, 2006 Edition, approved and published by the International Code Council (Consisting of the Building Officials Code Administrators (BOCA); the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International, Inc. (SBCCI)), is hereby designated and shall be known as the Seward residential code and shall constitute the laws of the city relating to residential building regulation. Although not published in full in this section, all of the provisions of the International Residential Code, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section except to the CITY OF SEWARD, ALASKA ORDINANCE 2008-012 extent that the International Residential Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Residential Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The International Residential Code (IRC) is adopted to regulate all residential occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the International Residential Code adopted and incorporated as the Seward residential building code by this section. D. The International Residential Code, 2006 Edition, adopted in Subsection A of this section, is hereby amended by adopting the following revisions and exceptions to the I.R.C.: (1) Chapter 1, Section R101.1, of the I.R.C. is revised by inserting "City of Seward" as "name of jurisdiction." (2) Chapter 1, Section R102.7, of the I.R.C. is revised by deleting the words "the International Property Maintenance Code or". Table 1-A TABLE 1-A BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for each additional $1000.00, or fraction thereof, to and including $25,000.00. 2 -- 5 6 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each $1,000.00, or fraction thereof. her Inspections and Fees 1. Inspections outside of normal business 2. Inspections for which no fee is specifically indicated. 3. Additional plan review required by changes, additions or revisions to plans (minimum charge - one-half hour). 4. For use of outside consultants for plan checking and inspections, or both................................................. ........................................$47.00 per hour ........................................$47.00 per hour ........................................$47.00 per hour ........................................Actual Costs (3) Chapter 1, Section R103, of the IRC is revised by replacing the existing title "DEPARTMENT OF BUILDING SAFETY" with 'DUTIES AND POWERS OF THE BUILDING OFFICIAL". (4) Chapter 1, Section R103.1 CREATION OF ENFORCEMENT AGENCY, is revised by deleting the entire paragraph and title and replacing it with "GENERAL. The official in charge of enforcing the provisions of this code will be known as the Building Official. The Building Official 3 57 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." (5) Chapter 1, Section R105.3.1.1, SUBSTANTIALLY IMPROVED OR SUBSTANTIALLY DAMAGED EXISTING BUILDINGS AND STRUCTURES, is revised by deleting "Table R301.2 (1)" and inserting the words "City of Seward Ordinance Section 9.15.140." (6) Chapter 1, Section R106.1.3, INFORMATIONAL FOR CONSTRUCTION IN AREAS PRONE TO FLOODING, is revised by deleting "Table R301.2(1)" and inserting the words "City of Seward Ordinance 15.25". (7) Chapter 1, Section R107, TEMPORARY STRUCTURES AND USES, is deleted in its entirety. (8) Chapter 1, Section R108.2, SCHEDULE OF PERMIT FEES, is amended by deleting all after "in accordance with " and inserting the words " Table 1-A, Building Permit Fees" and inserting Table 1-A in the text. (9) Chapter 1, Section R111, SERVICE UTILITIES, is deleted in its entirety. (10) Chapter 1, Section RI 12.1 GENERAL, is amended by adding the words "consisting of the City Council of the City of Seward." after the words "hereby created a board of appeals." The period after the word "appeals" is deleted and the third sentence starting with the words "the board of appeals shall...." is deleted in its entirety. (11) Chapter 1, Section R112.3, QUALIFICATIONS, is amended by deleting the entire paragraph and title. (12) Chapter 3, Table R301.2(1), CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA, TABLE R301.2 (1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Add the following information in the table: Roof Snow Load 80 psf Wind Speed 100 mph Seismic Design Category E 0 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 Weathering Frost Line Dept Termite Winter Design Temp. Ice Barrier Underlayment required Flood Hazards Air Freeze Index Mean Annual Temp. Decay Severe 42 inches None — Slight -20 Degrees F Yes Yes, see Flood Hazards Maps 1673 39 Degrees F Slight — Moderate (13) Chapter 3, Section R301.2.2.1.1 ALTERNATE DETERMINATION OF SEISMIC DESIGN CATEGORY. Delete paragraphs R301.2.2.1.1, R301.2.2.1.2, R301.2.2.2, and table 301.2.2.1.1 and replace with the following: "The seismic design category for Seward shall be E." (14) Chapter 3, Section R309.1 OPENING PROTECTION FOR FIRE RATINGS FOR ATTACHED GARAGES. Add a third sentence which reads "All openings must be smoke- gasketed and self -closing." (15) Chapter 3, Section R309.2 SEPARATION REQUIRED is amended by deleting all words after ".....and its attic area by" and replacing them with "a one -hour occupancy separation." (16) Chapter 3, Section R309.2 SEPARATION REQUIRED is amended by replacing'h inch gypsum board with 5/8 inch Type Z gypsum board in all locations within section. (17) Chapter 3, Section R310.1 EMERGENCY ESCAPE AND RESCUE REQUIRED is amended by numbering exception in the IRC Code 1. and adding exception number 2: 2. Where windows are provided as a means of escape or rescue in a basement, they shall have a finished sill height of not more than 48 inches above the finished floor." (18) Chapter3, Section R317.2 Townhouses, add to the end of the second to the last sentence, "... in accordance with the NEC as adopted by the State of Alaska and as amended from time to time." (19) Chapter 3, Section R318.1, MOISTURE VAPOR RETARDERS, is amended by adding the words "...having a perm rating of 0.06 (equivalent to 6 mils polyethylene sheeting) or other material approved by the Building Official' after the words "....a vapor retarder" and before the words "shall be installed..." E J :J CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (20) Chapter 3, Section R319.3, FASTENERS is amended by deleting the exception. (21) Chapter 3, Section R324.1 GENERAL is amended by replacing the words "Table 301.2(1)" with the words "City of Seward Flood Zone Maps" in the first sentence and in the Exception. (22) Chapter 3, section R324.1.6 PROTECTION OF WATER SUPPLY AND SANITARY SEWAGE SYSTEMS, In the last sentence, delete all after "plumbing provisions of this code" and insert a period after "code". (23) Chapter 3, Section R324.1.8 MANUFACTURED HOUSING, is amended by replacing the words "by Table 301.2(1)" with the words "by the City of Seward Flood Zone Maps" (24) Chapter 3, Section R325 CARBON MONOXIDE DETECTORS Add new Section: Add new section: At least one carbon monoxide detector shall be installed on each floor level. If a floor level contains bedrooms, at least one detector shall be located in the immediate vicinity but outside of the bedrooms. Carbon monoxide detectors shall be listed and installed in accordance with their listing. Combination carbon monoxide/smoke detectors are acceptable as long as they meet all requirements. Exceptions: 1. Carbon monoxide detectors are not required in dwelling units that have no combustion appliances and that do not have an attached garage. 2. Carbon monoxide detectors are not required in dwelling units that have only direct vent combustion appliances and that do not have an attached garage. (25) Chapter 3, Section R325.1 INTERCONNECTION Add new subsection: In new construction, carbon monoxide detectors shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. (26) Chapter 3, R325.2 POWER SOURCE Add new subsection: In new construction, carbon monoxide detectors shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery back-up. Wiring shall be permanent and without disconnecting switch other than those required for overcurrent protection. In existing construction, carbon monoxide N. e €� CITY OF SEWARD, ALASKA ORDINANCE 2008-012 detectors shall be permitted to be battery powered or cord -and -plug type with battery back- up. (26) Chapter 4, Section R401.1 APPLICATION is amended by deleting the third sentence and Exception 1 and 2 in their entirety. Exception 2 is renumbered to exception 1. The last paragraph of the Section is deleted. (27) Chapter 4, Section R402.1 WOOD FOUNDATIONS is deleted in its entirety (28) Chapter 4, Section R403.1 GENERAL, is amended by deleting the words "wood foundations" after ".concrete foundations," in the first sentence. (29) Chapter 4, Section R403.1.1 MINIMUM SIZE, is amended by deleting the last sentence beginning with the words "Footings for wood foundations....." (30) Chapter 4, Section R403 FOOTINGS, is amended by deleting Figures R403.1 (1), R403.1 (2), and R403.1 (3). (31) Chapter 4, Section R403.1.3 SEISMIC REINFORCING, by deleting the Exception. (32) Chapter 4, R403.1.3.2 SLABS -ON -GROUND WITH TURNED -DOWN FOOTINGS, is amended by adding the words "will be allowed for Detached Garages and Outbuildings, and" after the words ".....turned down footings" and before the words "shall have a minimum of......." (33) Chapter 4, R403.1.4 MINIMUM DEPTH, is amended by changing "12 inches (305 mm)" in the last sentence to "18 inches (457 mm)". (34) Chapter 4, Section R403.1.6, FOUNDATION ANCHORAGE, is amended by deleting the first four sentences of the second paragraph ending with "... masonry or concrete." Refer to R404.3 FOOTINGS in the local amendments. (35) Chapter 4, Section R403.3. FROST PROTECTED SHALLOW FOUNDATIONS is deleted in its entirety. (36) Chapter 4, Table R403.3 (1), MINIMUM INSULATION REQUIREMENTS FOR FROST -PROTECTED FOOTINGS IN HEATED BUILDINGS, is deleted in its entirety. (37) Chapter 4, Section R404.1.1, MASONRY FOUNDATION WALLS, is deleted in its entirety. 7 6 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (38) Chapter 4, Section R404.1.2, CONCRETE FOUNDATION WALLS, is deleted in its entirety. (39) Chapter 4, Section R404.1.3, DESIGN REQUIRED is deleted in its entirety. (40) Chapter 4, Section R404.1.4 SEISMIC DESIGN CATEGORIES DI AND D2, is deleted in its entirety. (41) Chapter 4, Table R404.1.1 (1), PLAIN CONCRETE AND PLAIN MASONRY FOUNDATION WALLS, is deleted in its entirety. (42) Chapter 4, Table R404.1.1 (2), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (43) Chapter 4, Table R404.1.1 (3), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (44) Chapter 4, Table R404.1.1 (4), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (45) Chapter 4, Sections R404.1.5 thru R404.2.6, including Table R404.2.3, dealing with wood foundations are deleted in their entirety. (46) Chapter 4, Section R404.3, WOOD SILL PLATES, Delete paragraph and substitute with the following: Wood sill plates shall be minimum 2-inch x by 6-inch and shall be bolted to the foundation or foundation wall with not less than ten (10) inch by five -eights (5/8) inch nominal diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in fully grouted cells of reinforced masonry and spaced not more than four (4) feet zero (0) inches apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece. Wood sill plates must be treated material specified in Section R319.1. (47) Chapter 4, Section R404.3.1 is created, REINFORCED CONCRETE. The minimum reinforcement for reinforced concrete shall be as follows: 62 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 12" Walls #4 @ 12" o.c. each face horizontal #4 @ 18" o.c. each face vertical 8" Walls #4 @ 10" o.c. horizontal #4 @ 16" o.c. vertical 10" Walls #4 @ 8" o.c. horizontal #4 @ 12" o.c. vertical 6" Walls #4 @ 12" o.c. horizontal #4 @ 18" o.c. vertical 2. Reinforced concrete walls shall be anchored to all floors and roofs in accordance with Chapter 16 and 19 of the International Building Code, 2000 edition. 3. All intersecting reinforced concrete walls shall be tied together. 4. All interior and exterior concrete walls shall be reinforced. 5. All structural members framing into or supported on concrete walls or columns shall be anchored. ALTERNATE REINFORCEMENT FOR CONCRETE WALLS 6" Walls )#4 @ 12" hor. #3 @ 8" hor. #5 @ 13" hor. #4 @ 18" vert. #3 @ 12" vert. #5 @ 18" vert. 8" Walls )#4 @ 10" hor. #3 @ 5 1/2" hor. #5 @ 15" hor. )#4 @ 16" vert. #3 @ 9" E.F. vert. #5 @ 18" vert. 10" Walls )#4 @ 8" hor. #3 @ 9" E.F. hor. #5 @ 12" hor. #4 @ 12" vert #3 @ 15" E.F. vert. #5 @ 18" vert. 12" Walls )#4 @ 12" E.F. Hor. #3 @ 7 1/2" E.F. hor. #5 @ 18" E.F. hor. #4 @ 18" E.F. vert. #3 @ 12" E.F. vert. #5 @ 18" E.F. vert. (E.F. -Each Face) (48) Chapter 4, Figure 404-31, TYPICAL FOUNDATION AND FOOTING DEPTH, is added as shown: 63 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 TYPICAL EXTERIOR INTERIOR PONY WALL INTERIOR PONY WALL FOUNDATION ON FOOTING ON CONCRETE FLOOR eo90 not k nm to rill cann<e� n per ergi�-er� IOe x e rpulreomw meupPorle 3 llaomppr engimereE Ceagn requireE. f e' ]b e. 5 rr O 32' x/ a <ooa. 5 rc ar O ne0'rolw x/ bnM1om. Poweq. va a O Is" le(o x/ Irk qp.l 5eeoeonoa�l8. tsp Ml 3 pry roil mop fool q o anwe grave f 3—I80 ro q< a mPwr is wroue iWe m engmaxe0 «<tmim roquir E. JOISTS M — (49) Chapter 4, Figure 404-31, TYPICAL PONY WALL FOR SPLIT LEVEL, is added as shown: 2x6 studs, exterior sheathing. shear wall edge nail per engineer, bottom plate nail per engineer minimum 8d ® 6" oo.�—minimum 3-1 6d per 16" 8" poured or cmu foundation wall, 2X treated hem -fir sill with sill sealer - thicker sill 10" wall required when wall supports required for some roiling patterns (cedar can be 3 floors or engineered design required. used when shear wall edge nailing and anchor bolt spacing are designed for cedar ). 10' 6" 6n.R-1 & commercial: 5/8x10 goly. anchor bolts 6 embed. 0 48" oc 2x2x3/16 plate washers. ✓ Single family & duplex: 5/8x10 gol, anchor bolts w/ 7" embed.® 48" oc. o. 5 rebar continuous CMU: vertical no. 5 rebar ® 32" oc, horizontal no. 5 rebar 48" oc. 40 bar diameter splices. 42" Maximum 5' differential fill between inside versus Poured: vertical no. 5 labor ® 18" utside or engineered restraint required, oc horizontal no. 5 rebar 0 15" or per Hondaut 16, 12" lap splices. 15# felt 2 ply hot mop or or approved veituthane oter proof bottom of rto- footing to above grade J. 3 1/2" slab minimum �(2) no. 5 rebar continuous, —1 g'•.—/ 3" cover and 12" splice. Hook as required. 10 M CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (50) Chapter 4, figure 404-37, TYPICAL BASEMENT FOUNDATION WALL, is added as shown: 11 65 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 DO NOT BACKFILL ABOVE 4' UNTIL BLOCKING, FRAMING ANCHORS & PLYWOOD NAILS ARE INSTALLED, a,n eonnae°lo r ° pe0 9 e � ! e sue' mnea z ea,;. o lo. 6 po pendiculor to loundalien call. •rtenor or �nteno'r� ISA I. voter pout la molpl9 o'ae� Ire• dr°� g grv�wlar flack lur� I21 �.Isa�o oou tz•i°. j/a ��Vaq n Il��i Ilee.ezglm ea)a Al or e35 x/ t3-9tl ea. eae .0 olla nor�zontol no. 5 o e tec. �� �❑ x Hen 5 s o t p j• l a 'C°IS O SZ 69 '/Z'eo e•li lar emu .% e'oorae B oxl B p 9eE°x up°orta can e./a.wrsw �aaeal< ufe arwted aisle for ins. nails (51) Chapter 4, Section R406.3.2, BELOW GRADE MOISTURE BARRIER, delete the existing paragraph and substitute the following: "Foundation walls located below grade shall be dampproofed with either 2-ply of 15 lb. Hot -mopped felt, or 1-ply of 30 lb hot -mopped felt or other approved materials." (52) Chapter 4, Section R408.6, FINISHED GRADE, is deleted in its entirety. (53) Chapter 6, Section R602.3.2, TOP PLATE, delete exception. (54) Chapter 6, Section R602.6, DRILLING AND NOTCHING - STUDS, is amended by deleting R602.6, R602.6.1, and referenced tables in their entirety, and adding a paragraph to read: "All studs in shear walls, bearing walls or exterior walls containing plumbing drains and vents shall be a minimum of 6" nominal width unless otherwise approved." (55) Chapter 7, Section R703.8, FLASHING, is amended by deleting Items 1 and 4. (56) Chapter 8, Section R802.10.3, BRACING, is amended by adding the following details and verbiage to the section: 12 6 08 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 T: FF,i I liF1%1;.T V!I'd FVI­­j, A` TOF BL,�,'.,'. T AI TFH[ IATF F! [l I HF —7 F-,, 'KITH M F`1 A T 7'�r -:F T. Tfl-i,­ Fi%RTIAI HFr,---­11` I I it DE� I FA i, A ;j! "; 1: I'l R PE11 00,ER.F THE 1,1i, %;T'- TH-1 lli-QUAI. 11.1 'ER + PIA II .A�� ,',ill A. iv ­E,;4; P, M'11MUV ;V,T-i 4' --Nt� -JT }TEAR VALL '-C-iC 'A V -1 ill AALL Al`,EL'-, OPTION 3: THIS CONFIGURATION MAY BE USED IN LIEU OF FULL HEIGHT BLOCKS ABOVE EXTERIOR WALLS FOR TRUSSES WITH HEELS OF 11 1/4-, C MAX 5 — 2" M 8D 0 4' 00. MAX. TIGHTER NAILING—,., PATTERNS REQUIRE ENGINEERED DESIGN. - NAIL SHEATHING TO BLOCKING PER SHEAR___/ WALL SCHEDULE. MIN. ad @ 6" OC, DLID 2X BLOCK IN. 2X4- MAX. TRUSS UPLIFT CONNECTION PER DESIGNER OR HANDOUT RD.12 -PARTIAL HEIGHT 2X BLOCK MIN. 2XIO FOR A 11 1/4" HEEL. CONNECT TOP PLATES TO BLOCK PER SHEAR WALL SCHEDULE / DESIGNER '--SHEAR WALL Other configurations may be deemed acceptable when supported by calculations. (57) Chapter 8, Section R806.1, VENTILATION REQUIRED, is amended by adding the following sentence to the end of the paragraph: "A non -ventilated roof system may be allowed as an alternate method when its design 13 (17 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 is approved by the Building Official." (58) Chapter 8, Section R806.2, MINIMUM AREA, is amended by revising the first sentence of Section R806.2 by replacing the phrase, "except that reduction of the total area to 1 to 300, is permitted, provided that", with the word "and". Delete the last sentence of R806.2. (59) Chapter 8, Section R806.4, CONDITIONED ATTIC ASSEMBLIES, is deleted in its entirety. (60) Chapter 8, R807.1, ATTIC ACCESS, is amended by adding the following: "Attic access shall not be located in a room containing bathing facilities. Access may be located in closets with minimum depth of 23 inches and minimum width of 48 inches." (61) Chapter 9, R903A, ROOF DRAINAGE, is amended by adding the following sentence: Roofs and gutter downspouts shall not create a water flow that damages neighboring properties (62) Chapter 9, R905.2.1 SHEATHING REQUIREMENTS, is amended by deleting the words, "Asphalt shingles" and replacing with "The roof covering" (63) Chapter 9, Section R905.2.2 SLOPE, is amended by deleting the entire section and replacing it with the following: "Asphalt shingles shall only be used on roof slopes of three units vertical in 12 units horizontal or greater. Underlayment shall be in accordance with Section R905.2.7 and ice protection shall be in accordance with R905.2.7. I." (64) Chapter 9, Section R905.2.4, ASPHALT SHINGLES is amended by adding the following sentence to the end of the paragraph: "Asphalt shingles shall have a minimum weight of 235 lbs per square." (65) Chapter 9, Section R905.2.7, UNDERLAYMENT APPLICATION, is amended by deleting the paragraph and replacing it with the following: "For roof slopes from 3 vertical units in 12 horizontal units (3:12) up to and including 4 vertical units in 12 horizontal units (4:12), underlayment shall be two layers of non -perforated Type 15 felt applied shingle fashion, underlayment shall be 14 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 installed starting with a 19 inch lap over ice protection. Each subsequent sheet shall be lapped 19 inches horizontally, continuing to the ridge, fastened sufficiently to hold in place. For slopes greater that 4 units vertical in 12 units horizontal (4:12) underlayment shall be one layer of Type 15 felt. Underlayment shall be installed starting with 4- inch lap over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1. (66) Chapter 9, Section R905.2.7.1, ICE BARRIER, amend section by deleting from the paragraph the words "......of at least two layers of underlayment cemented together or...." or amend by changing the dimension at the end of the paragraph from 24 inches to 36 inches. (67) Chapter 9, Section R905.2.8, FLASHING, is amended by adding the following at the end of the paragraph: "Flashing shall be no less than 4 inches by 4 inches in width." (68) Chapter 9, Section R905.2.8.2 VALLEYS, is amended by deleting items 1, 2, and 3. Refer to R903.1. (69) Chapter 9, Section 905.3.3.1, LOW SLOPE ROOFS, is amended by deleting the words "...... underlayment shall be a minimum of two layers underlayment applies as follows:" and replace with: "......underlayment shall be ice and water shield covering the entire roof." Delete Items 1 and 2. (70) Chapter 9, Section R905.3.3.2, HIGH SLOPED ROOFS, is amended by deleting the words "......parallel to and starting from the eaves and lapped 2 inches (51mm), fastened sufficiently in place" and replacing with: "....lapped 4 inches over ice protection. Lap subsequent layers 2 inches horizontally and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently in place. Ice protection shall be in accordance with R905.2.7.1" 15 69 CITY OF SEWARD, ALASKA ORDINANCE 2008-012 (71) Chapter 9, Section R905.4, METAL ROOF SHINGLES, is amended by deleting subsections R905.4.1 through R905.4.3 and referring to R905.2.1, R905.2.2, R905.2.7 and R905.2.7.1. (72) Chapter 9, Section R905.5, MINERAL -SURFACED ROLL ROOFING, is amended by deleting subsections R905.4.1 through R905.5.3. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (73) Chapter 9, Section R905.6, SLATE AND SLATE -TYPE SHINGLES, is amended by deleting subsections R905.6.3. Refer to R905.2.7 and R905.2.7.1. (74) Chapter 9, Section R905.7, WOOD SHINGLES, is amended by deleting subsections R905.7.1 through R905.8.3. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (75) Chapter 9, Section R905.8, WOOD SHAKES, is amended by deleting subsections R905.8.1 through R905.7.3. Refer to R905.2.1; R905.2.2; R9052.7 and R9052.7.1. (76) Chapter 9, Section R905.9.1, SLOPE, is amended by deleting the words: "...except for coal - tar built-up roofs, which shall have a design slope of a minimum one -eighth unit vertical in 12 units horizontal (I-percentslope)." (77) Chapter 9, Section R905.10, METAL ROOF PANELS, is amended by deleting subsections R905.10.1 through R905.10.2. Refer to R905.2.1; R905.2.2; R905.2.7 and R905.2.7.1. (78) Chapter 9, Section R905.10.2, SLOPE is amended by adding the following to the end of the paragraph: "Install underlayment under all metal roof panels. Underlayment shall be one layer of Type 15 felt. Underlayment shall be installed, starting with 4-inch lap -over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4-inch vertically to shed water continuing to the ridge. Fasten sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7. V (79) Chapter 11, ENERGY EFFICIENCY, is amended by deleting the chapter in its entirety and replace it with the following: "Chapter 11, Energy Efficiency. All one- and two-family dwellings and townhouses T� CITY OF SEWARD, ALASKA ORDINANCE 2008-012 Minimum Insulation R-Value [(hrft2degF)/Btu] Minimum Ceilings Walls Basement Crawlspac Exposed Glazing Walls a Walls Floors U-Factor Above Grade (Cantileve red Floors) Minimum 0.35 R-38 R 19 R-19 R-19 R-30 R-Value (80) Chapters 12 to 38 are deleted in their entirety. (Mechanical and Plumbing) (81) Chapters 39 to 42 are deleted in their entirety. (Electrical) Section 3. This ordinance shall take effect ten days after enactment. ENACTED by the City Council of the City of Seward, Alaska, this 12"' day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 17 Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates M� From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Residential Code BACKGROUND & JUSTIFICATION: The City of Seward currently administers the 2000 International Residential Code. Every three years the International Residential Code is approved and published by the International Code Council. The most recently published IRC is the 2006 edition. The Building Department supports adopting the 2006 edition of the IRC because it is important to remain current for the purpose of recognizing new building techniques and materials. The current 2006 IRC is the most commonly used industry standard by architects and engineers, our citizens will benefit from more efficient and cost-effective design services if the City of Seward adopts this edition. The City of Seward has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions. Additional local amendments were also added to set local fees. The local fees are not being increased at this time. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: %AIU Approved by the Finance Department: RECOMMENDATION: Approve Ordinance 2008- amending the City of Seward Code Section 12.05.021, adopting the 2006 edition of the International Residential Code, including revisions. r+ r) 1 �. Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.031, CODES OF TECHNICAL REGULATION, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE (IMC), INCLUDING REVISIONS WHEREAS, as of September 13, 2007, the State of Alaska has adopted the 2006 Edition of the International Mechanical Code (IMC); and, WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts; and, WHEREAS, the City of Seward has included the State of Alaska amendments to the IMC, and additional amendments to modify the code for Seward's climatic, geographic and seismic conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, THAT: Section 1 The asterisks note changes made by the State of Alaska to the IMC. These asterisks are inserted for the benefit of the Council and the public to indicate items which were changed by the State and cannot be modified to be any less restrictive by the City of Seward. These marks will be removed by the City Clerk before being codified. Section 2 The Seward City Code Section 12.05.031 is deleted in its entirety and replaced with the following: 12.05.031 International Mechanical Code Adopted. A. The International Mechanical Code, International Mechanical Code, Chapters 1-15 and Appendix A, 2006 Edition, approved and published by the International Code Council (Consisting of the Building Officials Code Administrators (BOCA); the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International, Inc.(SBCCI)), is hereby designated and shall be known as the Seward mechanical code and shall constitute the laws of the city relating to installation and maintenance of heating, ventilation, cooling, and refrigeration systems. Although not published in full in this section, all of the provisions 3 - CITY OF SEWARD, ALASKA ORDINANCE 2008-013 of the International Mechanical Code Chapters 1-15 and Appendix A, 2006 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the International Mechanical Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Mechanical Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The International Mechanical Code, shall regulate all occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Interna- tional Mechanical Code adopted and incorporated as the Seward mechanical building code by this section. D. The International Mechanical Code (I.M.C.) 2006 Edition, adopted in Subsection A of this section, is hereby amended by adopting the following revisions and exceptions to the code: (1) *Chapter 1 of the LM.C. is revised by deleting Sections 101.2.1, 103 and 106- 109; (2) Chapter 1, Subsection 101.2 (Scope) of the I.M.C., is revised by deleting the reference "International Fuel Gas Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (3) *Chapter 2, Subsection 201.3 of the I.M. C., is revised by deleting the reference ` ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (4) Chapter 2, Subsection 201.3 of the I.M.C., is revised by deleting the references "International Fuel Gas Code". (5) *Chapter 2, Subsection 201.3 of the I.M.C., is revised by deleting the references "International Plumbing Code" and replacing them with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; 7 4 CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (6) *Chapter 3, Subsection 301.2 (Energy utilization), first sentence of the I.M.C., is revised by deleting the words "in accordance with the International Energy Conservation Code"; (7) Chapter 3, Subsection 301.3 (Fuel gas appliances and equipment) is revised by deleting the reference "International Fuel Gas Code" and replacing it with "the Plumbing Code as adopted by the State of Alaska";); (8) *Chapter 3, Subsection 301.7 (Electrical) of the I.M.C., is revised by deleting the reference "ICCElectrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (9) *Chapter 3, Subsection 301.8 (Plumbing connections) of the I.M.C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (10) *Chapter 3, Subsection 303.3 (Prohibited locations) Exception 3, second sentence of the I.M.C., is revised by deleting the words "of the International Energy Conservation Code"; (11) *Chapter 3, Subsection 304.7 (Construction and protection) of the I.M. C., is revised to read: "Clearances to combustible construction. Heat -producing equipment and appliances must be installed to maintain the required clearances to combustible construction as specified in the listing and manufacturer's instructions. These clearances maybe reduced only in accordance with Section 308 of the I.M. C. Certain unlisted, heat -producing equipment shall be allowed if the clearances to combustible construction specified in Table 304.7 of this Code. Clearances to combustibles must include considerations as door swing, drawer pull, overhead projections or shelving and window swing, shutters, coverings, and drapes. Devices such as doorstops or limits, closers, drapery ties, or guards, may not be used to provide the required clearances."; (12) Chapter 3, Subsection 304.7 of the I.M.C., is revised by adding Table 304.7 and 304.8 to read: "Table 304.7 STANDARD INSTALLATION CLEARANCES, IN INCHES FOR CERTAIN UNLISTED HEAT -PRODUCING APPLIANCES" %J CITY OF SEWARD, ALASKA ORDINANCE 2008-013 Appli.noee Fucl Above Top From Top From Front t From Back • From Sidee o[Cesing and Sidee or Apence f W -e pllir Bonnet or Plenum Fum a Floo For mount Solid 182 18'' 48 18 18 ing on buatibb, floma. Automatic 36 12 12 12 Oil or mmb. Gus ail Ru.m Heaters' Circulating Oil or 36 24 12 12 Lype. Mid Radiant ar Oil or 36 3fi 36 36 Other type. Solid Fireplace xwve Solid 48s 54 as 413' lac r.tar. D me.uc types 36, 48 36 36 com7Yn�rn ial Low lea Appli.neea Unit Ileaters All N.J. 18 48 18 18 Flno ad anY xize. Other low- All N.J. i8 I8 48 18 18 heatin- du. riol applienc.x. Floor mounwJ or uepended. com rcfal loduatrial. Type Medium heat APpliancaa Incinerators 48 96 36 36 All .lee. Fo. (1) The minimum di. -.—shall be ,hut necexnary for servicing the applimire, hrcluding aoceax for donning end no mat cs tube" v.l, and similar items. (2)Tbe dim may lre nch-(152mm)for 1, a utomaticallyawk—fred forced-w rtr fum eeyuippnd with 250 degree Fahrenh- limit control .nd with bnrometrlc draft--) operated by dt.0 i—ility and per ........ ...ruty xottto limit mu drag w a bim in .ity of 0. 134sn h waver gauge (32P.Y Id) Approrede ppliancae neat be I bIll.d o natnbustible fl.— ,nd may be Inxwlled .n protected ombustiblc floors Heating eppliII... approvedN, ti,.wllation .n protected combustible 0uoring shall be eo ..treated that Dame and ha ga.es do not come in contact with the appliance bane. Protection for mmbuatihle floor. shall cansi.t of four inch (102n1.n) Wlaw masonry covered with sheet metal at I— , 021 inch (0.6ntm) thick (NO. 24 manufacturer's standard gauge). M,,... y must be permanently fastened in place in an .ppr... d meaner with Lhe end, unaaled Ind joints matched a, a, to pruvid. free circulation of air through the masonry. Floor protection shall eatend 12 inches (305mm) It the side, and rear of the appliance, .acept that at last 18 md— f457mm) .hell be required on the applience-.pening aide - aide, measured horizontally from the edge. of the op(i)r The 48-inch i1219mm1 des-- ma be reduced w 36 inch.. 1914mm! when tion a l— to that y prowc yuive provided by iwme I through 6 of Table 304.8 (.ea below) i. applied w the combustible con..—tion. is) clearance above the charging door moat be It toast 48 Inches (1219mm). f6i If the,pplionu ie enwed in brick, the 16-inch (4.57 com) cleorwm above and at side. and rear may be reduced to 12 inches (305-1. /1 a CITY OF SEWARD, ALASKA ORDINANCE 2008-013 TABLE 304.8 - CLEARANCES, IN INCHES, WITH SPECIFIED FORMS OF PROTECTION 1, 2 MIF OF PROTECTION WHERE THE STANDARD CLEARANCE IN TABLE 304.7 WITH NO Applied to in, Comtnughle NI—H.1 Unl— Otherwise PROTECTION IS: Spetilied and Corer41S All Surllns within the Dislvrxe S eci6etl vs the Re nixed Cl,­­ with No PmtecUon 36 Inches 18 Inches 12 Inches 6 hxhes (Thicknesses Are Minimum) .25.4 fur mm s 25.4 f r corn Above Sides Chimney Above Sides Clumney Above Sides Chinmco Abave Sides Chimney cold or Vent and or Vent and nr venr and ur Venl Rear Con . Rear Concoct- Rear Cam - Rcar C.00,a I. '/. inch inaulaling millhnrd spaced nit- inch 30 18 30 15 9 12 9 6 6r 3 2 3r 2. 0.013 inch (No. 28 tnnufacturer's standard gage) steel 24 18 24 12 9 12 9 6 4 3 _ _ sheet on A inch ins,lating millbuurd 3. 0.U13 1nah (N'o. 28 —nif n,n— 's zoidard gage) sleet 18 12 19 9 6 9 6 4 4 .'beet spnced out one inch' 4. 0.013 inch (No. 28 minufuctureY.s sandard gage) steel 18 12 18 9 6 9 6 4 4 _ _ ,ilecl on 1/8 inch insulating rndihtwrd Spaced out nra: nch' 5. 1 112 inches insulmiog --it covering on 1—tiog 18 12 36 9 6 18 G 4 9 _ 1 6 appliance 6. 114 inch insulanog mlllboard on I inch nunerol fiber 18 12 18 6 6 6 4 4 4 _ _ 2 Was reinforcul with x ire mesh or equivalent 1. For appliances complying with Sections 304.2 and 304.3. 2. Except for the protection described in Item 5, all clearances shall be measured from the outer surface of the appliance to the combustible mate: ial, disregarding any intervening protection applied to the combustible material. 3. Spacers shall be of noncombustible material. NOTE: Insulating millboard is a factory -made product formed of noncombustible materials, normally fibers, and having a thermal conductivity of 1 Btu -inch per square foot per degree Fahrenheit (1.73W/(m K)) or less. 77 CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (13) *Chapter 3, Section 312.1 (Load Calculations), first sentence of the I.M.C., is revised by deleting the words "using the design parameters specified in Chapter 3 of the International Energy Conservation Code" from the third sentence. (14) *Chapter 4, Subsection 403.3 (Ventilation rate), first sentence of the I.M.C., is revised to read: "Ventilation systems must be designed to have the capacity to supply the minimum outdoor airflow rate required in Table 403.3 based on the occupancy of the space and the occupant load or other parameter as stated herein, or in accordance with the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 62 (2007 Edition) as adopted by reference."; (15) *Chapter 5, Section 513 of the I.M. C., is revised by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by the State of Alaska and as amended from time to time"; (16) Chapter 5, Section 514.1 (General) of the I.M.C., is revised by deleting the second sentence and replacing it with "Energy recovery ventilation systems must be installed according to the manufacturer's instructions and specifications."; (17) *Chapter 6, Subsection 604.1, first sentence of the I.M. C., is revised by deleting the words "and the International Energy Conservation Code "; (18) *Chapter 7, Subsection 701.1 (Scope) of the I.M. C is revised by deleting the last sentence; (19) *Chapter 7, Subsection 709.1 (General) of the I.M. C., is revised by adding a second sentence to read: "Combustion -air openings must be covered with corrosion -resistant screen of no greater than one inch (13 mm) mesh."; (20) Chapter 8, Subsection 801.1 of the I.M. C., is revised by deleting the reference "International Fuel Gas Code" and replacing it with "the Plumbing Code as adopted by the State of Alaska"; (21) Chapter 9, Subsections 901.1 and 906.1 of the I.M.C., are revised by deleting the reference "International Fuel Gas Code " and replacing it with "the Plumbing Code as adopted by the State of Alaska"; (22) *Chapter 9, Subsection 908.5 (Water supply) of the I.M.C., is revised by deleting the reference "International Plumbing Code" and replacing it with "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (23) *Chapter 9 (Specific Appliances, Fireplaces and Solid Fuel -Burning Equipment) of the I.M.C, is revised by the addition of Section 927 to read: SECTION 927. UNVENTED ROOM HEATERS. 927.1 General. Unvented room heaters shall be tested in accordance with American National Standards Institute (ANSI) Z21.11.2 (2002 Edition), adopted by reference and may be installed in accordance with the conditions of the listing and the manufacturer's installation instructions. 927.2 Prohibited use. One or more unvented room heaters may not be used as the sole source of comfort heating in a dwelling unit. 927.3 Input rating. Unvented room heaters may not have an input rating in excess of 40,000 Btu/h (11.7 kW). 927.4 Prohibited locations. Unvented room heaters may not be installed within Group A, E, or I Occupancies. These appliances may not be located in, or obtain combustion air from, any of the following rooms or spaces: (1) Sleeping Rooms; (2) Bathrooms; (3) Toilet rooms; (4) Storage closets; (5) Surgical rooms. Exceptions: (1) A single wall -mounted unvented room heater equipped with and oxygen depletion safety shutoff system and installed in a bathroom provided the input rating does not exceed 6000 Btu per hour (1.76 kW) and the bathroom is not a confined space. (2) A single wall -mounted unvented room heater equipped with and oxygen depletion safety shutoff system and installed in a bedroom if the input rating does not exceed 10,000 Btu per hour (2.93 kW) and the bedroom is not a confined space. 927.4 Room or Space volume. The aggregate input rating of all unvented appliances installed in a room or space may not exceed 20 Btu/h per cubic foot of volume of the room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway, or other opening - _ rt J CITY OF SEWARD, ALASKA ORDINANCE 2008-013 of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted to be included in the calculations. 927.5 Room or space volume. The aggregate input reating of all unvented appliances in a room or space may not exceed 20 Btu/h per cubic foot of volume of the room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway, or other opening of comparable size that cannot be closed, the volume of such adjacent room or space may be permitted to be included in the calculations. 927.6 Oxygen -depletion safety system. Unvented room heaters shall be equipped with an oxygen -depletion -sensitive safety shutoff system. The system shall shut off the gas supply to the main and pilot burners when the oxygen in the surrounding atmosphere is depleted to the percent concentration specified by the manufacturer, but not lower than 18 percent. The system may not incorporate field adjustment means capable of changing the set point at which the system acts to shut off the gas supply to the room heater. 927.7 Unvented log heaters. An unvented log heater may not be installed in a factory -built fireplace unless the fireplace system has been specifically tested, listed, and labeled for the use in accordance with Underwriters Laboratories (UL) 127."; (24) *Chapter 10, Subsection 1001.1 (Scope) of the I.M.C., is revised to read: "Scope. This chapter governs the installation, alteration, and repair of boilers, water heaters, and pressure vessels not subject to the provisions of the Department of Labor and Workforce Development under AS 18.60.180 - 18.60.395."; (25) *Chapter 10 of the I.M. C., is revised by deleting the reference "International Plumbing Code" and replacing it with the reference "Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (26) *Chapter 10 of the I.M. C., is revised by deleting Section 1011; (27) *Chapter 11, Subsection 1101.4 (Water connection) of the I.M. C., is revised by deleting the reference "International Plumbing Code" and replacing it with the reference " Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (28) *Chapter 11, Subsection 1101.5 (Fuel gas connection) of the I.M. C., is revised by adding to the end of the sentence ", Chapter 7, and the Plumbing Code as adopted by the State of Alaska and as amended from time to time"; A CITY OF SEWARD, ALASKA ORDINANCE 2008-013 (29) *Chapter 12, Subsections 1201.1 (Scope), 1206.2 (System draindown) and 1206.3 (Protection of potable water) of the I.M.C., are revised by deleting the references "International Plumbing Code and replacing them with " Plumbing Code as adopted by the State of Alaska and as amended from time to time"; (30) *Chapter 12, Subsection 1204.1 (Insulation characteristics), first sentence of the I.M. C., is revised by deleting the words "shall conform to the requirements of the International Energy Conservation Code ": (31) *Chapter 12, Subsection 1204.2 (Required thickness), first sentence of the LM. C., is revised by deleting the words "to the thickness required by the International Energy Conservation Code "; (32) *Chapter 14 (Solar Systems) of the I.M. C., is revised by deleting the body of the chapter and inserting a new Section 1401 to read: "General. Solar energy equipment and appliances must be installed in compliance with the Solar Energy Code as adopted by the State of Alaska and as amended from time to time"; (33) *Chapter 15 (Reference Standards) of the I.M.C., is revised by changing the referenced standards from the publication date listed to the following edition, and these standards are adopted by reference: N.F.P.A. 13-2007 Installation of Sprinkler Systems; N.F.P.A. 72-2007 National Fire Alarm Code N.F.P.A 96-2004 Ventilation Control and Fire Protection of Commercial Cooking Operations. Section 3. This ordinance shall take effect 10 days after enactment. ENACTED by the City Council of the City of Seward, Alaska, this 12'h day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates KKK From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2006 International Mechanical Code BACKGROUND & JUSTIFICATION: September 13, 2007, the State of Alaska adopted the 2006 edition of the International Mechanical Code (IMC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2006 IMC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The Ordinance includes revisions made by the State and also suggested local revisions. The State of Alaska adopts amendments to modify the Code specific to the State of Alaska. These amendments are highlighted with an asterisk to clearly illustrate for the public and Council which amendments can not be changed or deleted. The asterisks will be removed prior to the Ordinance being codified. The City of Seward also adopts amendments specific to Seward including modifications for Seward's climatic, geographic and seismic conditions and local fees. The local suggested modifications are not asterisked and can be modified by Council. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: ,11#41 Approved by the Finance Department: RECOMMENDATION: Approve Ordinance 2008- 1 Amending the City of Seward Code Section 12.05.031 International Building Code by Adopting the 2006 Edition of the International Mechanical Code (IMC), including revisions. NN Sponsored by: Oates Introduction Date: April 28, 2008 Public Hearing: May 12, 2008 Enactment Date: May 12, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, CHAPTER 12.05.035 NATIONAL ELECTRICAL CODE ADOPTED, ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE WHEREAS, as of June 14, 2006 the State of Alaska has adopted the 2005 edition of the National Electrical Code (NEC) and, WHEREAS, the City of Seward is required to adopt a code at least as restrictive as that which the State adopts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS, THAT: Section 1. The Seward City Code Section 12.05.035 is deleted in its entirety and replaced with the following: 12.05.031 National Electric Code Adopted. A. The 2005 Edition of the National Electrical Code adopted by the State of Alaska on June 14, 2006 and the National Fire Protection Association on May 26, 2004 and approved by the American National Standards Institute on August 5, 2004 constitutes the minimum electrical code for the City of Seward. Although not published in full in this section, all of the provisions of the National Electric Code shall be and are hereby adopted by reference to the same extent as if set forth in full in this section, except to the extent that the National Electric Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the National Electrical Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The National Electric Code, shall regulate all occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, 83 CITY OF SEWARD, ALASKA ORDINANCE 2008-014 contrary to or in violation of any of the provisions of the National Electric Code adopted and incorporated as the Seward electrical building code by this section. Section 2. This ordinance shall take effect 10 days after enactment. ENACTED by the City Council of the City of Seward, Alaska, this 121" day of May, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor S4 Council Agenda Statement Meeting Date: April 28, 2008 To: Mayor and Council Members Thru: City Manager Phillip Oates From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2005 National Electrical Code BACKGROUND & JUSTIFICATION: June 14, 2006, the State of Alaska adopted the 2005 edition of the National Electrical Code (NEC). In order to maintain our Deferment Agreement with the State of Alaska, the City of Seward is required to also adopt the 2005 NEC. These laws and regulations set the minimum acceptable standard and variances below the standard will not be granted. In other words, the City of Seward is required to adopt a code at least as restrictive as the State's adopted code. The State of Alaska adopts the National Electrical Code in its entirety without any amendments or modifications. CONSISTENCY CHECKLIST: Where applicable, this Ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Approved by the Finance Department: RECOMMENDATION: Approve Ordinance 2008-14amending the City of Seward Code Section 12.05.035 National Electrical Code by Adopting the 2005 Edition of the National Electrical Code (NEC). 85 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD SUPPORTING THE ALASKA'S STATEHOOD EXPERIENCE GRANT SUBMISSION AND APPROPRIATING $1500 AS A CASH CONTRIBUTION TO ACTIVITIES AND EVENTS OF SEWARD GATEWAY TO ALASKA: JOURNEY TO STATEHOOD AND BEYOND WHEREAS, Alaska will celebrate the 50th Anniversary of Statehood during 2009; and WHEREAS, the Rasmuson Foundation in partnership with the Alaska Humanities Forum is seeking proposals for projects and programming to reflect Alaska's Statehood Experience; and WHEREAS, the Seward Mural Society, Port City Players, the Resurrection Bay Historical Society, the Seward Community Library Museum and the City of Seward are working together to create a statehood celebration that showcases Seward's place in Alaska's journey to statehood through visual and performing arts entitled Seward, Gateway to Alaska: Journey to Statehood and Beyond; and WHEREAS, the Seward Mural Society proposes to create a community mural as their contribution to the celebration; and WHEREAS, the Resurrection Bay Historical Society proposes to create an interactive walking tour as their contribution to the celebration; and WHEREAS, the Seward Port City Players proposes to commission and produce a one -act play as their contribution to the celebration; and WHEREAS, the Seward Community Library Museum proposes to plan and host the Seward Statehood Symposium to showcase the mural, the walking tour and the play and present expert discussions of local history as their contribution to the celebration; and WHEREAS, the Seward Community Library Museum proposes to evaluate and archive the projects as their contribution to the celebration; and WHEREAS, the grant applicants request $1500 from the City of Seward as a cash donation to the events and activities of the grant, payable upon acceptance of the grant proposal by the Alaska Humanities Forum. :1F'y /l J CITY OF SEWARD, ALASKA RESOLUTION 2008-038 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council of the City of Seward supports submission of the grant application entitled Seward Gateway to Alaska: Journey to Statehood and Beyond to the Alaska Humanities Forum. Section 2. The City Council of the City of Seward will contribute $1500 to the activities and programs outlined in the Alaska's Statehood Experience Grant Application, payable upon the grant proposal's acceptance. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12`h day of May 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 87 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor Council Agenda Statement Meeting Date: May 12, 2008 To: Phillip Oates, City Manager 2, From: Patricia Linville, Library Director Agenda Item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD SUPPORTING THE ALASKA'S STATEHOOD EXPERIENCE GRANT SUBMISSION AND APPROPRIATING $1500 AS A CASH CONTRIBUTION TO ACTIVITIES AND EVENTS OF SEWARD GATEWAY TO ALASKA: JOURNEY TO STATEHOOD AND BEYOND GRANT PROPOSAL. BACKGROUND & JUSTIFICATION: The Rasmuson Foundation in partnership with the Alaska Humanities Forum is seeking proposals from Alaskan communities to develop projects and programs in celebration of Alaska's Statehood Experience. A community group has met to develop a plan for the grant proposal and seeks the City Council's official and financial support of the grant application. $1500 is requested as the City of Seward's cash contribution and an additional $1800 in -kind through Seward Community Library Museum participation. This proposal seeks to tell Seward's story as the Gateway to Alaska through visual and performing arts and public presentations. The physical projects that are detailed in the proposal will harness the history of our town for future Alaskans as a reminder of the road traveled to statehood and beyond. This proposal is a collaboration of Seward's arts and historical groups who wish to combine their passions. The Seward Mural Society, the Port City Players, the Resurrection Bay Historical Society, the Seward Community Library Museum and the City of Seward are working together to create a statehood celebration that showcases Seward's place in Alaska's journey to statehood. The proposal includes a community mural project, development of a self -guided walking tour, and production of a one -act play. These activities will all be showcased and presented at the Seward Statehood Symposium in May 2009 should the proposal be successful. INTENT: Seek support, both officially and financially, for submission of a proposal to Alaska Humanities Forum -Alaska's Statehood Experience Grant Program 2008 CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: �" 83 Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2008-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY COUNCIL RULES OF PROCEDURE TO AMEND RULE 2, COUNCIL MEETING TIME WHEREAS, during discussion at the March 24, 2008 regular city council meeting, council expressed preference to have council meetings begin and adjourn earlier; and WHEREAS, on April 28, 2008, Council enacted Ordinance 2008-007, which amended the Seward City Code to have regular council meetings begin at 7:00 p.m. and adjourn no later than 10:30 p.m.; and WHEREAS, the Council wishes to amend Rule 2 of the City Council Rules of Procedure to stay in concurrence with the City Code; and WHEREAS, the amendment will appear as follows (s*�t = deletions, bold italics = additions): RULE 2. The regular meetings of the City Council are held on the 2nd and 41h Mondays of each month at 7.30 p.m. 7.00 p.m. as specified in SCC § 2.10.030 A.I. All regular and special meetings of the Council must adjourn no later than 1 :0Tr00 p.m. 10:30 p.m. The Council may not adjourn prior to 11 iOO p.m. 10:30 p.m. unless all presentations and comments by members of the general public have been heard. [SCC § 2.10.031] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council amends Rule 2 of the City Council Rules of Procedure to read as follows: RULE 2. The regular meetings of the City Council are held on the 2nd and 41h Mondays of each month at 7:30 p.m. 7.00 p.m. as specified in SCC § 2.10.030 A.I. All regular and special meetings of the Council must adjourn no later than I! :00 p.m. 10:30 p.m. The Council may not adjourn prior to lliOO p.m. 10.30 p.m. unless all presentations and comments by members of the general public have been heard. [SCC § 2.10.031] Section 2. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2008-039 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12"' day of May, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor j . Agenda Statement Meeting Date: May 12, 2008 To: Mayor, City Council From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Amending Rule 2 of City Council Rules of Procedures BACKGROUND & JUSTIFICATION: During a discussion on the March 24, 2008 council meeting, council expressed their intent to change the meeting time from 7:30 p.m. to 7:00 p.m. and the latest adjournment time from 11:00 p.m. to 10:30 p.m. Council previously enacted Ordinance 2008-007 on April 28, 2008, which amended the Seward City Code with this change. To remain concurrent with the code, the City Council Rules of Procedure will need to be amended to reflect this change also. INTENT: To change the council meeting times per council's direction. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: None Approved by Finance Department: RECOMMENDATION: Approve Resolution 2008-Amending amending Rule 2 of the City Council Rules of Procedure to reflect the recent council meeting time changes in the City Code. Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2008-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE INTRODUCTION OF THE CITY COUNCIL RULES OF PROCEDURE, PORT AND COMMERCE ADVISORY BOARD RESPONSIBILITIES WHEREAS, the Seward Port and Commerce Advisory Board has expressed desire to formally broaden the scope of their role to encompass potential consideration of any arena of commerce and economic development as the Board has been tasked with in recent years; and WHEREAS, during their regular meeting on December 5, 2007, the Port and Commerce Advisory Board met and made suggested amendments to Seward City Code section 2.30.325, which defines the powers and duties of the board; and WHEREAS, on April 28, 2008, Council enacted Ordinance 2008-008, which amended the Seward City Code to expand the powers and duties to the Board; and WHEREAS, the Council wishes to amend the Port and Commerce Advisory Board section of the Introduction of the City Council Rules of Procedure to stay in concurrence with the changes made to the Seward City Code; and WHEREAS, the amendments will appear in the section below with deletions made in ^+you and additions made in bold italics. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council amends page iv of the introduction section of the City Council Rules of Procedure to read as follows: PORT AND COMMERCE ADVISORY BOARD It is the responsibility of the board to: 1. Report annually to the City Council at the first Council meeting of the new fiscal year and at any other time as may be requested by the Council; 2. Make recommendations to the City Council concerning the design and coordination of projects to promote and develop demes'de and int -" t 1 + r + ,a trade 41+6 thf0 gh the ei4 of se f transportation, trade, energy and commerce throughout Seward; 'i3 CITY OF SEWARD, ALASKA RESOLUTION 2008-040 3. Provide input to the City Council on fnat* fs involving the establishmen e€ indus4yfelated to the movement of fish eseur-ees and bulk- eemmodities seeh as eoal, gfain, fifabef,f thef-eseurees ffaf Alaska *,,.,.ugh the „ ,4 f Seward policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; 4. Advise the City Council on matters involving the establishment of support services peftaining to the poi4 of Sewafd4owards the objectives outlined in SCC §§2.30.325 (2) and 2.30.325 (3); 5. Perform other duties as requested by the City Council. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12t' day of May, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor .I Agenda Statement Meeting Date: May 12, 2008 To: Mayor, City Council From: Johanna Dollerhide, Assistant City Clerk Agenda Item: Amending the Introduction Section (page iv) of the City Council Rules of Procedure, Port and Commerce Advisory Board Responsibilities BACKGROUND & JUSTIFICATION: On April 28, 2008, Council enacted Ordinance 2008-008, which amended the Seward City Code to broaden the Port and Commerce Advisory Board's powers and duties beyond the port of Seward, to make recommendations for all areas of commerce and economic development. To remain concurrent with the code, the City Council Rules of Procedure will also need to be amended to reflect this change. INTENT: Amend the Council Rules of Procedure to reflect the recent changes to the Seward City Code regarding PACAB's responsibilities. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: None Approved by Finance Department: RECOMMENDATION: Approve Resolution 2008-? amending page iv of the introduction section of the City Council Rules of Procedure to reflect the recent PACAB changes in the City Code. JJ Sponsored by: Oates Introduction: April 14, 2008 Public Hearing: April 28, 2008 Enactment: April 28, 2008 CITY OF SEWARD, ALASKA ORDINANCE 2008-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 2, SECTION 2.30.325, POWERS AND DUTIES OF THE PORT AND COMMERCE ADVISORY BOARD WHEREAS, Title 2, Section 2.30 of the Seward City Code, designates the powers and duties of the City of Seward Boards and Commissions; and WHEREAS, the Code sections describing the Board's powers and duties has remained largely unchanged since adopted with the formation of the International Trade and Industrial Development Advisory Board in 1982, later becoming the Trade and Commerce Advisory Board in 1985, formation of the Port Development Advisory Commission in 1989, and the merger of the two resulting in the Port and Commerce Advisory Board in 1993; and WHEREAS, in recent years the tasks assigned to and taken on by the Board have been focused more on policy development throughout the economic spectrum and less on international trade, bulk commodities and other specifics as described in SCC 2.30.325a 2-4; and WHEREAS, in order to better serve the Council, administration and the public and to better reflect the Board's current role, the Port and Commerce Advisory Board request that the Council amend the powers and duties of the board; and WHEREAS, during their regular meeting on December 5, 2007, the Port and Commerce Advisory Board met and made suggested amendments to Seward City Code section 2.30.325, which defines the powers and duties of the board; and WHEREAS, the Board wishes to express their desire to formally broaden the scope of their role to encompass potential consideration of any arena of commerce and economic development as the Board has been tasked with in recent years; and WHEREAS, based on the recommendations of the Port and Commerce Advisory Board, the Seward City Council would like the following changes implemented to the City Code. CITY OF SEWARD, ALASK4, ORDINANCE 2008-008 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1: The Seward City Code Title 2, Administration; Article 3, Port and Commerce Advisory Board; Section 2.30.325, Powers and Duties; is amended by changing the following: (str:e ate= deletions; bold italics = additions) (a) It shall be the responsibility of the port and commerce advisory board to: (1) Report annually to the city council at the first council meeting of the new fiscal year and at any other time as may be requested by the city council. The annual report shall include, at the minimum, a report on the prior year's activities, a list of any anticipated requests for appropriations for the year's planned activities and a _recommendation regarding the continuation of the board; (2) Make recommendations to the city council concerning the design and coordination of projects to prornote and develop demestie .,,.a _r .:natief y tr-ans, vrz£rt"., "a +,-.,,tom t; i f etigh the -pe , er-Se ward transportation, trade, energy and commerce throughout Seward; (3) Provide input to the city council on mttte � , *' i"dustf—�-em,a + theffie .,i ii F. �'" , g > r-zrrnitircn'J-'sczicrv-c.i..,r ......,.........., i....< vi.�u ii�. pvi�vt Sew rE1 policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services peT ^;ring to the pei4 of ce,N,afd wards the objectives outlined in SCC ,§§2,30.325 (2) and 2.30.325 (3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. Section 2: This ordinance shall take effect 10 days following enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28`" day of April, 2008. J 7 CITY OF SEWARD, ALASKA ORDINANCE 2008-008 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Valdatta, Dunham, Bardarson, Amberg, Kellar, Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: Jean Lewis, CMC' City Clerk (City Seal) ,." �° J �3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR THREE YEARS TO SAVE YOU MONEY SERVICES FOR CUSTODIAL SERVICES AT THE HARBORMASTER'S BUILDING AND PUBLIC RESTROOMS BEHIND THE NATIONAL PARK SERVICE BUILDING, THE NORTHEAST LAUNCH RAMP, AND THE UPLAND AREA WHEREAS, the City of Seward had properly advertised a request for bids to provide custodial services, and Save You Money Services was the highest scoring bidder for the evaluation criteria; and WHEREAS, Save You Money Services has provided a proposal that ensures an environmentally safe and cost effective approach to custodial services in the Seward Harbor area; and WHEREAS, a three year contract is allowed, and two, one-year extensions - up to five years total for this contract - will be made administratively insofar as insignificant changes are made; and WHEREAS, the harbor department recommends this contract based upon quality of service, the flexibility of the contractor and a valuable service at a good price to the taxpayer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. It is in the public's interest to award a contract, thereby continuing to keep employee costs reduced. Section 2. The City Manager is hereby authorized to award a contract, from May 14, 2008 until May 14, 2011, with Save You Money Services to provide custodial services at the Harbormaster's building, and the restroom facilities in three additional harbor locations: the South Upland area, Northeast Harbor Parking lot and at the National Park Service facility. Section 3. The contractor shall be twice per month, as invoiced on a timely basis, as per the attached contract. Section 4. The contract can be extended administratively, up to a five year total, insofar as insignificant changes are made. Section 5. This resolution shall take effect immediately upon its adoption. 0 PASSED AND APPROVED by the City Council of the city of Seward, Alaska this 12th day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 12, 2008 To: Phillip Oates, City Manager From: Kari Anderson, Seward Harbormaster Agenda Item: Custodial Contract for Harbormaster Building and Harbor Restrooms BACKGROUND & JUSTIFICATION: The City of Seward sent requests for proposals (RFP) for custodial services at three City off -site locations. Per City Code, the RFP was advertised locally, and Council was given the criteria listed within the RFP. Two responsive companies replied, and after points were scored Karla Backlund (Save You Money Services) was awarded the contract for the Harbormaster Building and Harbor Restrooms. Backlund scored high in areas including clarity of proposal, additional services, and performance. All three of her references were checked, and each responded with positive reviews of Backlund's abilities. Attached you will find the Save You Money Services contract for a three-year term for cleaning the Harbormaster office spaces and restrooms (year-round), and for cleaning the National Park Service site restrooms, South Upland Area restrooms, and Northeast Launch Ramp Restrooms for a designated period (May 1 through September 30). Payment for these services will be $4,221.00 every month (May 1" through September 30`") and $1586.50 (October I" through April 301h), for an annual total of $32,211.00. This contract expires May 14, 2011 and shall be re -negotiable for an additional two years on a year-to-year basis. INTENT: The intent of this contract is to provide required custodial services in a cost-effective and proficient manner to the City of Seward and to ensure OSHA standards and requirements are upheld. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: This amount is within the 2008 Harbor budget recently passed by Council. Approved by Finance Department: Custodial Bids Evaluation Points Category name: Merritt name: Backlund name: Clarity 5 max 1 5 20 based on previous 30 based on services provided to references ( 3 were Performance 35 max harbor. checked Organizational Structure 20 max 12 15 Services 5 max 0 5 Bid Price* 35 max 30 25 1 Total Points 100 max 63 80 100 Totals: 63 80 Explanation of Points System... Clarity (Clarity of proposal), Performance (Experience), Organizational Structure (qualifications and resources available to do the job), Services (extra services proposed by contractor above/beyond contract requirements), Bid (price). * Price Difference between the two bids was $2409.75 (Merritt was lower) CONTRACT TO PROVIDE CUSTODIAL SERVICES FOR THE CITY OF SEWARD HARBOR DEPARTMENT April 2008 Index Item Description Page 1. Definitions 2 2. Description of Work 2, and Appendices AA 3. Staffing 2 4. Regulations 2 5. Work Plan 2-3 6. Insurance 3-4 7. Length & Content of Contract 4-5 a. Contract Renewal b. Performance Evaluation, Monitoring Requirements c. Termination 8. Hold Harmless 5 9. Performance Bond 5 10. Contractor's Compensation 5 11. City Contact Person 5 12. Signatures 5 13. Appendix AA 6 '4L45�P Page 1 of 7 HARBOR CUSTODIAL CONTRACT CITY OF SEWARD, ALASKA 1.Definitions In this contract, the terms have the following meaning: CITY: City of Seward, Alaska HBR: Seward Harbor Department OPERATOR: Karla Backlund, dba Save You Money Services, P.O. Box 3601, Seward, Alaska 99664, a sole proprietor authorized to do business in Alaska. 2. Descriotion of Work The work consists of custodial services at off -site locations with the City, including: a. Seward Harbormaster's Building,1300 4th Avenue (all areas, including pubic restrooms and cleaning supply room, but not including main shop area) b. Public restrooms behind the National Park Service Headquarters Building, at the Northeast launch ramp, and the upland area. The OPERATOR will provide services from October 1 through April 30 for item "a"., and from May 1 through September 30 each year for items "a" and "b" above. Hours of service are based upon convenient, appropriate times during closed hours when possible. The OPERATOR will insure safe, appropriate, timely entrance and departure from each site. For sites a and b, the work site will provide cleaning supplies and bathroom supplies only, tools as described within the specific appendices. Sites a. and b. will be serviced twice daily during the Fourth of July holiday weekend and for the period encompassing the Seward Silver Salmon Derby. The OPERATOR will submit to the Harbormaster reports necessary to provide custodial services and building security and/or maintenance as needed and described within the appendices. 3. Staffing OPERATOR is an independent contractor, and is not an employee or agent of the City. If employees are to be hired by the OPERATOR, they will be trained to conduct themselves in a friendly, professional manner, and be properly attired and equipped to perform duties. (See item 6. A. And item 7. B. below, related to the use of employees or assistants.) The OPERATOR will ask all employees about their criminal records prior to employment concerning this contract. The OPERATOR will submit self -obtained Criminal History Record(s) for all staff admitting to a criminal history prior to their employment within the scope of this contract. 4. Regulations tions All rules and regulations of the following agencies will be upheld and enforced at all times: Federal law, OSHA standards and requirements, Alaska State law, and Seward City Code. The City and its agents shall retain authority to enter on the properties at any time to perform an inspection of facilities, maintenance, or other matters deemed necessary by the City. The use of the facilities, City -owned equipment and/or State-owned equipment shall not be allowed for any purpose other than the performance of the custodial duties. No person other than a designated agent of the OPERATOR shall be allowed access to any facility or equipment. 5. Work Plan A. Schedule of operations 1. Harbor Building office spaces may be cleaned between 5:00pm and 8:00am (not during staff hours). Page 21 f- J Harbomaster Building restrooms, National Park Service site restrooms, South Upland Area restrooms and Northeast Launch Ramp restrooms may be cleaned between 7:00 PM and 6:00 AM. 2. * Time Schedules may change by mutual agreement * Special projects may be accomplished on Saturdays and Sundays with permission from the Harbormaster's staff. B. Report and monitor progress and Performance to the City 1. The OPERATOR will retain a weekly list of accomplished duties. The list will include items which were addressed daily. 2. OPERATOR will track and schedule a quarterly "walk-through" inspection at each site with the Harbormaster. Written notes will be recorded by the Operator and the Harbormaster. 3. Performance goals will be submitted in writing for each site to the Harbormaster. 4. Each Monday, the OPERATOR may submit at the Harbormaster's request a weekly list of accomplished duties involving the Harbor Building office spaces and restrooms and National Park Service site restrooms, Northeast Launch Ramp restrooms and South Upland Area restrooms 6.Insurance The OPERATOR shall purchase and maintain the following insurance(s), if applicable to the contract, during the term of the contract: A. WORKERS' COMPENSATION EMPLOYER'S LIABILITY Workers' compensation and Occupational Disability Insurance in compliance with all state federal regulations in the jurisdiction where the work is to be performed, including the following special coverage extensions: Employer's Liability coverage with limits of not less than: --$1,000,000/accident --$1,000,000/disease --$1,000,000/policy limit Special Provisions: (1) If coverage is provided by a State Fund, or if OPERATOR has qualified as a self -insurer, separate certification must be furnished that coverage is in the State Fund or that OPERATOR has approval to be a self -insurer. (2) Any policy of insurance must contain a provision or endorsement providing that the insurer's rights of subrogation against the City of Seward and its employees are waived. B. COMPREHENSIVE GENERAL LIABILITY Comprehensive General Liability Insurance with limits of: --$1,000,000/person and $1,000,000/occurrence for bodily injury, sickness or death, and $1,000,000 per occurrence for damage to property or $1,000,000 per occurrence combined single limit for bodily injury and property damage; or Commercial General Liability Insurance with limits of: --$1,000,000 General Aggregate Limit (Other than Products -Completed Operations) --$1,000,000 Products -Completed Operations Aggregate Limit --$1,000,000 Personal and Advertising Injury Limit 41,000,000 Each Occurrence Limit --$ 50,000 Fire Damage Limit (Any one Fire) Page 3 of-7 $ 5,000 Medical Expense Limit (Any one Person) Including the following coverage: (1) Contractual Liability covering the liability assumed in the contract. (2) Deletion of any exclusion for explosion, collapse and underground damage. Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured there under as respects liability arising out of or from the work performed by OPERATOR of City of Seward. (2) Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. C. AUTOMOBILE LIABILITY (All owned, hired and non -owned vehicles - $1,000,000 combined single limit each occurrence for bodily injury and property damage.) Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by OPERATOR or City. (2) Insurer waives all rights of subrogation against City of Seward and its employees and elected officials. (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Prior to commencement of any work under this contract by the OPERATOR or any of its subcontractors, OPERATOR will provide the City with certificates of insurance evidencing that OPERATOR and its subcontractors are in compliance with all of the above requirements. Said certificates will provide that the City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. Upon request, OPERATOR shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the OPERATOR, for account of and at the sole risk of the OPERATOR. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the contract and any extension hereof, a level of protection consistent with good business practice and accepted standard of the industry. Such factors as increases in the cost of living, inflationary pressures, new risk, and other conditions shall be utilized in assessing whether the minimum insurance requirements should be increased or changed from the types and amounts noted above. 7. Length and Content of Contract This contract shall begin on May 15, 2008. The length of the contract shall be through May 14, 2011 and shall be re- negotiable for up to an additional two years. A. Contract Renewal If the City is completely satisfied with the work and terms of the contract, this contract may be administratively amended and renewed for up to two additional years. The OPERATOR is not bound to renegotiate at this point. If renewal terms cannot be agreed upon within 60 days of expiration of the contract, the competitive procurement process shall begin again. At the end of five years, the City is required to go through the competitive procurement process again, regardless of satisfaction with the OPERATOR. B. Contract Monitoring / Performance Evaluation The requirements of the contract shall be monitored through the Harbor department, based on informal and formal inspections and public comments. Performance evaluation shall be conducted as in Item 5. B., above, and an annual assessment will be made by department staff on or around January 15, of each year. Page 4 of 7 „ y i�t The OPERATOR is required to submit all pertinent state and city business licenses, sales tax card, etc... C. Contract Termination Contract may be terminated: a) immediately, for cause; b) by the City of Seward for its convenience upon thirty (30) calendar days written notice to the Contractor; c) by the Contractor upon thirty (30) calendar days written notice to the City of Seward; d) by mutual agreement by both parties. 8. Hold Harmless The OPERATOR is an independent contractor and not an agent or employee of the City for the purpose of the content and the specific job. The OPERATOR shall indemnify and hold harmless the City for any loss, claim, or action to which the OPERATOR may cause by reason of any act or omission of the OPERATOR except for damages caused by or resulting from the sole negligence of the City, its agents or employees. 9. Performance Bond The OPERATOR shall furnish to the City Finance Director a Certificate of Deposit (CD) with a term expiring on May 14, 2011 or the term of the contract, in the amount of $1,500.00 (accrued interest payable to the Contractor), payable to the City of Seward. The City may, at its discretion, use the proceeds to pay the costs of performing custodial services if the OPERATOR fails to perform this contract in an acceptable manner in accordance with the provisions of the contract. 10. Contractor's Compensation The OPERATOR shall supply the City an accurate record of service performed in the form of an invoice, submitted every on the 1st and the 15"' of each month. The fee will not be paid until the invoice has been received and subsequent to authorization by the Harbormaster. Payment will be made the following Friday after the invoiced date, unless there is less than a week (lapsed time) between the following Friday and the invoiced date. Total amount bid for this contract is $32,211.00 on an annual basis. This amount is divided into a monthly bid amount based on seasonal responsibilities. From May 1 st through September 30`h this monthly amount totals $4221.00, and from October 1st through April 30"' this monthly amount totals $1586.50. Invoiced payment schedule for 24 pay periods per annual basis should be as follows: January 1" $793.25 May 1st January 15`h $793.25 May 15`h February Is` $793.25 June ls` February 15t" $793.25 June 15'h March 18t $793.25 July 1 st March 15`h $793.25 July 15'h April Is` $793.25 August Is' April 151h $793.25 August 151h 11. City Contact Persons) $793.25 September 1" $2110.50 $2110.50 September 15`t' $2110.50 $2110.50 October ls` $2110.50 $2110.50 October 15"' $793.25 $2110.50 November 1" $793.25 $2110.50 November 15th $793.25 $2110.50 December 1st $793.25 $2110.50 December 15"' $793.25 When dealing with day-to-day operations and matters involving the Harbor and related sites, the OPERATOR shall contact the Harbormaster's Office: Harbormaster Kari Anderson 224-3138 Monday through Sunday, 9:00 AM to 5:00 PM Any further questions or concerns regarding this contract shall be directed to: Harbormaster Kari Anderson Page 5 of 7 w `J P.O. Box 167 Seward, Alaska 99664-0167 Phone: (907) 224-3138 Fax: (907)224-7187 In all other respects the contract is to remain unchanged and in full force between the undersigned parties. 12. Signatures This Contract is governed by the laws of the State of Alaska and such Federal and local laws and ordinances as are applicable to the work performed. IN WITNESS WHEREOF, executed on the day of , 2008 OPERATOR: City of Seward, Alaska Karla Backlund, dba Save You Money Services Karla Backlund Phillip Oates, City Manager ATTEST: Jean Lewis City Clerk Page 6 of 7, IU Appendix AA CUSTODIAL REQUIREMENTS HARBOR DEPARTMENT DAILY DUTIES Restrooms: Check paper dispensers, clean and sanitize sinks, toilets, floors, empty trash, scrub showers, vacuum/sweep and mop, spray deodorizer, clean mirrors, remove graffiti. Harbormaster Building: All areas except shop room; Empty trash, sweep, mop, dust, vacuum, clean windows/sills etc... Janitors Closet/Storage: Keep working area clean and organized. Ensure dispenser bottles are clearly labeled with contents. From 1 May through 30 September, each facility listed below will receive cleaning once per day. Additional, during the 4 h of July holiday (and weekend nearest holiday) and Annual Silver Salmon Derby, the restrooms will be cleaned twice daily. National Park Service Restrooms Harbormaster Building NE Parking Lot Restroom South Upland Area Restroom From 1 October through 30 April, only the Harbormaster building will be cleaned as the others will be winterized and not in use. All cleaning supplies and materials are provided by the Harbor Department. Page 7 of 7 JL Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING LOCAL FINANCIAL DISCLOSURE GUIDELINES FOR APPOINTED AND ELECTED OFFICIALS AND APPROVING THE CITY OF SEWARD FINANCIAL DISCLOSURE FORM UPON VOTER APPROVAL AND PASSAGE OF PROPOSITION #1 AT THE OCTOBER 7, 2008 MUNICIPAL ELECTION WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure and reporting of financial and business interests of public officials, which includes municipal elected and appointed officials; and WHEREAS, the new requirements have become too intrusive and unreasonable, which has created a hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, appointed and elected officials will be defined as; the city manager, candidates and seated Mayor and City Council members and Seward Planning & Zoning Commissioners; and WHEREAS, those statutory provisions are applicable to municipal officers unless a majority of the voters at a general election, approve an ordinance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the City Council believes in the public's right to know the financial and business interests of the persons who seek and hold public office, and desires to establish adequate local provisions relating to disclosure of business and financial interests and conflicts of interest; and WHEREAS, the City Council has established a financial disclosure form for Seward which basically adopts the requirements of the State Public Officials 2007 form; and WHEREAS, passage of the new City of Seward's financial disclosure form continues to assure public access, accountability, and continue the public trust by requiring officials in their official acts to disclose private or business interests; and WHEREAS, this change would still protect the public from the influence of undisclosed private or business interests, permit public access to information necessary to judge the credentials and performance of those who seek and hold public office, while allowing certain rights of privacy for our citizens seeking to hold public office. A A .L1x. CITY OF SEWARD, ALASKA RESOLUTION 2008-042 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council approves the financial disclosure form presented at this meeting, and adopts it as the City of Seward's financial disclosure form. Section 2. This resolution shall take effect immediately upon passage of Proposition #l, at the Municipal election held October 7, 2008, exempting the City of Seward from the requirements of Chapter 39.50 of the Alaska Statutes. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk, CMC (City Seal) Council Agenda Statement Meeting Date: May 12, 2008 To: Mayor Corbridge, City Council From: Jean Lewis, City Clerk Agenda Item: City of Seward Financial Disclosure Form Acceptance BACKGROUND & JUSTIFICATION: The City of Seward has heard from many citizens that they would not run for public office because of the intrusiveness of the new requirements of the Alaska Public Official Commission's (APOC) Financial Disclosure laws. Upon research, it became noticed that municipalities could opt out or be exempt from this law (AS39.50) if they received voter approval from their communities. Further research showed over half of the municipalities around the state had already exempted themselves from these state provisions. "Appointed and elected officials" will include; the city manager, candidates and seated Mayor and City Council positions and Seward Planning & Zoning Commissioners. The City Council voted unanimously to put a non -code ordinance on the ballot for the October 7, 2008 municipal election for voter approval, exempting the City of Seward from the state requirements in AS39.50. The City Council also voiced concern that Seward adopt its own form that would meet the intent listed below. For your approval is a modified 2007Alaska Public Official Commission form, that basically adopts the old form prior to the most recent changes. The items changed are: ■ Kept the 2007 APOC $5000 limit instead of the new $1000 limit. ■ Took out all references to the APOC manual. ■ Added a footer which was adopted from the new 2008 APOC forms. • Took out where it referred to each individual year, and put the words "the preceding calendar year" to save time and money in annual form changes. ■ Added records retention language ■ Added words notifying the public this only exempted Seward from the state disclosure laws, not the state campaign laws. INTENT: To establish financial disclosure guidelines that continue to protect the public from the influence of undisclosed private and business interests, provide public access to information necessary to judge the credentials of those seeking to hold public office, assure accountability and continue the public trust, while still allowing for certain rights of privacy for citizens wishing to seek public office. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. j3 Other: FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: Approve Resolution 2008-042, which adopts the City of Seward's own financial disclosure form. CITY OF SEWARD PUBLIC OFFICIAL FINANCIAL DISCLOSURE STATEMENT BACKGROUND INFORMATION 1. This report is for candidates and existing members of: the City Manager, the Seward City Council, and the Seward Planning & Zoning Commission. 2. This report is for the preceding calendar year, so include any information about financial interests held between January and December. 3. You must show your financial interests and those held by your spouse; or dependent children during the preceding calendar year. NOTE: Municipal officers are not required to disclose information about their domestic partner. 4. This form takes the place of the Alaska Public Official Financial Disclosure Form in AS 39.50, per approval to exempt by the voters on October 7, 2008. Candidates and Elected Officials must still follow the state election campaign laws of AS 15.13. 5. SIGN THIS REPORT ON THE LAST PAGE NAME: Phone ' Fax Number OCCUPATION: MAILING ADDRESS: (Current Street Address or Post Office Box) E-Mail Address (City/Town and Zip Code) OFFICE HELD OR SOUGHT (CHECK ONE): City Mgr. ❑ City Council ❑ P&Z ❑ TERM OF OFFICE: From to TITLE: TYPE OF STATEMENT (CHECK ONE): ❑ CANDIDATE STATEMENT Must be filed with your declaration of candidacy ❑ INITIAL STATEMENT For newly appointed municipal officials ❑ ANNUAL STATEMENT Due by March 15 SPOUSE OR DOMESTIC PARTNER: DEPENDENT CHILDREN: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT. Page 1 SCHEDULE A SOURCES OF INCOME OVER $5,000 Salaried Employment If NONE reportable, check box —� ❑ Report the name of each employer who paid you, your spouse, domestic partner or dependent children more than $5,000 during the preceding calendar year. Name of filer, spouse, domestic partner, or child: Employer's Name: Name of filer, spouse, domestic partner, or child: Employer's Name: Name of filer, spouse, domestic partner, or child: Employer's Name: Name of filer, spouse, domestic partner, or child: Employer's Name: Self -Employment If NONE reportable, check box --> ❑ List the name and address of each self-employment business that was a source of income of more than $5,000 for you, your spouse, domestic partner or dependent child during the preceding calendar year. If the business is non -retail, list the first and last name of each client or customer who paid the business over $5,000. Self-employment includes: sole proprietor, partnership, limited liability company, shareholder in a professional corporation; or if you held (individually or with another family member) more than 50% of the stock in a corporation. Name of filer, spouse, domestic partner, or child: Business Name: Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.) Name of client/customer: Name of filer, spouse, domestic partner, or child: Business Name: Retail ❑ Non -Retail ❑ (If you check non -retail, list clients/customers below.) Name of client/customer: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXT144 kGS IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO -YOU. CHECK "NONE." THIS IS A PUBLIC DOCUMENT. Page 2 SCHEDULE A SOURCES OF INCOME OVER $5,000 Rental Income If NONE reportable, check box -4 List the first and last name of each tenant from whom over $5,000 was received during the preceding calendar year. If property is located outside Alaska and managed by a person other than you, your spouse, domestic partner or dependent child, you may list the managing agent instead of listing each tenant. Owner (filer, spouse, domestic partner, or child) Tenant(s)` Dividends and Interest If NONE reportable, check box —+ Report the name of the source of all dividends, interest and capital gains over $5,000 earned during the preceding calendar year such as Dean Witter Money Market Acct. or CD's in ABC Bank. • List the name(s) of the asset(s) (not in a retirement account) which paid you, your spouse, domestic partner or child dividends, interest or capital gains of more than $5,000 last year such as, IBM stock or Cordova Municipal Bonds. • (Report the assets of a retirement account or truest on page 6) Recipient (filer, spouse, domest Other Income , or child) Name of Source of Income If NONE reportable, check box -� List each source of income over $5,000 not listed elsewhere on this statement, including income from public assistance, workman's compensation, unemployment, the name of the buyer of real property; social security; retirement; the name of the person who paid alimony or child support; government entitlements; honoraria and shared living expenses. Recipient (filer, spouse, domestic partner, or child) Name of Source Gifts If NONE reportable, check box -4 ❑ List the source of gifts which have a value of or cumulative value of more that $250 except gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, aunt, uncle, niece or nephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE, EXTRAIAgEW NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT. Page 3 Recipient (filer, spouse, domestic partner or child) NAME OF SOURCE SCHEDULE B BUSINESS INTERESTS Business Interests If NONE reportable, check box —� LJ Report all business interests even if they were not sources of income to you, your spouse, domestic partner, or dependent child during the preceding calendar year. • List ownership interests of more than $5,000 as a shareholder in publicly traded stocks, that are not listed elsewhere on this form. (A list of the names of publicly traded stocks such as IBM or Intel may be listed by name only on a separate page.) • List ownership interests in non -publicly traded companies such as a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies • List director or officer position in profit and non-profit organizations. Describe the business activity with sufficient detail to tell a reader what the organization actually does. Name of filer, spouse, domestic partner, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner, or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: Name of filer, spouse, domestic partner, or child: Business Name: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAI IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO *,ECK "NONE." THIS IS A PUBLIC DOCUMENT. Page 4 Business Address: Nature of Interest: Description of Business's Activity: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE." THIS IS A PUBLIC DOCUMENT. Page 5 J 9, SCHEDULE C REAL PROPERTY INTERESTS/RENT TO OWN Real Property Interests If NONE reportable, check box —� Report all property interests such as your home, neighboring lots, rent to own home, rental property, vacant, recreational, business property or limited partnerships including real estate interests held in an LLC; or held through a trust or sold during the preceding calendar year. Include a street address, city and state or complete legal description for each piece of property listed. Do not use mile post markers or post offices boxes. Use copies of this page if you need additional space to complete this section. Name of filer, spouse, domestic partner, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Name of filer, spouse, domestic partner, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner, or child: _ Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Name of filer, spouse, domestic partner, or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy, Ownership, Leasehold) Current Use (Optional) Current Use (Optional) Current Use (Optional) Current Use (Optional) GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IE YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NON&" A IS A PUBLIC DOCUMENT. Page 6 ►— SCHEDULE D BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS Exceeding $5,000 Trusts & Retirement Accounts If NONE reportable, check box —� Report each beneficial interest in a trust or retirement account held by you, your spouse, domestic partner or dependent children that exceeded $5,000 during the preceding calendar year. Retirement accounts include employee benefit accounts (pension and profit-sharing accounts) and retirement accounts (IRA, 401K, SEP or Keoph). Assets of a trust or retirement account include stocks, bonds, mutual funds, cash accounts, CD's, real property. • Name the trustor (the person or employer who provided the funds or assets for the trust or retirement account). • If a trust or retirement account is self directed, also list the assets by name such as IBM stock or Templeton Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor) Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor) Names) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor) Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor) Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust Name of filer, spouse or domestic partner, or child: Extent of Interest (Percent) Name of the person, employer or entity who provided the funds or assets (Trustor) Name(s) of the stocks, bonds, mutual funds or other assets contained in the retirement account or trust GIVE, DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONL°s'';(MS IS A PUBLIC DOCUMENT. Page 7 .L ~ J. SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS OF $5,000 OR MORE NATURAL RESOURCE LEASES Loan Guarantees, and Debts If NONE reportable, check box -4 Report the name of each creditor or lender to whom more than $5,000 was owed during the preceding calendar year by you, your spouse, domestic partner, or dependent children. List financial obligations including mortgages on property sold during the preceding calendar year; loans that have been guaranteed; delinquent taxes, alimony, child support payments; medical bills; mortgage, boat and auto loans; business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations or revolving charge accounts. Circle whether the entity is a lender, creditor or guarantor. Name of Debtor (filer, spouse, domestic partner or child) Name of Lender/Creditor/Guarantor Name of Debtor (filer, spouse domestic partner or child) Name of Lender/Creditor/Guarantor Name of Debtor (filer, spouse, domestic partner or child) Name of Lender/Creditor/Guarantor Name of Lender/Creditor/Guarantor Name of Debtor (filer, spouse, domestic partner or child) Name of Lender/Creditor/Guarantor Name of Debtor (filer, spouse, domestic partner or child) Name of Lender/Creditor/Guarantor Name of Debtor (filer, spouse, domestic partner or child) Natural Resource Leases If NONE reportable, check box —� ❑ List all natural resource leases, including mineral, timber, or oil leases bid held or offered during the preceding calendar year. Report this information for yourself, your spouse, domestic partner or dependent child who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or a combination of them) held a controlling interest. Leaseholder Nature of Lease Indicate: Bid, held or offer made Identity of Lease and Description Leaseholder Nature of Lease GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE,." THIS IS A PUBLIC DOCUMENT. Page 8 Indicate: Bid, held or offer made Identity of Lease and Description SCHEDULE F GOVERNMENT CONTRACTS AND LEASES Uontracts and Offers to Uontract CERTIFICATION If NONE reportable, check box -4 List all contracts and offers to contract with the state or instrumentality of the state or a municipality during the preceding calendar year held, bid or offered. Report this information for yourself, your spouse, domestic partner or, dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or acombination of them) held a controlling interest. Name(s) of Contractor Contracting Agency/Department Indicate: Bid, held or offer made Contract number and description Name(s) of Contractor Contracting Agency/Department Indicate: Bid, held or offer made Contract number and description CERTIFICATION I certify under penalty of perjury that the information in this Statement is, to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE DATE Printed Name of Filer Place Where to rile this Statement MUNICIPAL OFFICIALS AND CANDIDATES - File these Statements with the local City Clerk in the jurisdiction where you hold or seek office. They will be on file for 6 years, which is the state recommended records retention schedule for these documents. City of Seward ATTN: City Clerk Office 410 Adams Street P.O. Box 167 Seward, Alaska 99664 907 224-4046 Fax 907 224-4038 GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU, CHECK "NONE.,; T#I IS A PUBLIC DOCUMENT. Page 9 .li_ .;, I City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37, Page CALL TO ORDER The April 14, 2008 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Clark Corbridge. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Clark Corbridge presiding and Willard Dunham Tom Smith Jean Bardarson comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Dollerhide, Acting City Clerk Bob Valdatta Betsy Kellar ABSENT — Linda Amberg CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Marianna Keil, thanked Dunham and Oates for their lobbying efforts in Washington, D.C. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Dunham) Approval of Agenda and Consent Agenda Motion PassedBy Unanimous Consent Resolution 2008-029, the introduction of Ordinance 2008-007 and Ordinance 2008-008 were pulled from the consent agenda for discussion. The discussion items for the recent Railbelt talks and the January, February and March financials were postponed to the next agenda. The Seward Bear Creek Flood Service Area Flood Hazard Mitigation Plan was pulled from the agenda. The clerk read the following approved consent agenda items: << , 41 City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37, Page The March 25, 2008 Special City Council Meeting Minutes and April 1, 2008 Special City Council Meeting Minutes and changes made to the February 25, 2008 Regular City Council Meeting Minutes were approved. There was no objection to the restaurant designation application for the liquor license for Gene's Place (217 5th Ave.) and the liquor license renewal applications for Three Bear's, Gateway Liquor, and the Harbor Dinner Club were approved. Resolution 2008-027, Authorizing The City Manager To Amend The Contract With Swalling Construction For The Purpose Of Repair To Include Rod Ends, Couplers, Rod Connection Points, Plates And Washers And Also Including One Coat Of Corothaue Coating In Affected Areas, To Be Reimbursed By Skyline Steel In An Amount Not To Exceed $19,230.00 And Appropriating Funds. Resolution 2008-028, Authorizing The City Manager To Enter Into A Purchase Agreement With Potelcom Supply For Two 500 KVA Transformers, For A Total Amount Not -To -Exceed $48,760.00. Resolution 2008-030, Authorizing Matching, Funds In The Amount Of $42,249 For The Purchase Of Endoscopy Equipment For The Hospital, And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards The Seward Senior Center was presented with a proclamation celebrating its 30 year anniversary. A Medical Laboratory Professionals Week proclamation was read. A National Ocean Sciences Bowl proclamation was presented. A National Library Week proclamation was presented. A National Telecommunicator's Week proclamation was presented. A Certificate of Appreciation was presented to Kevin Clark for his dedicated service on the Seward Planning & Zoning Commission. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met on April 1, 2008 and engaged in lengthy conversation, primarily about roads. The Assembly failed an ordinance by a 5-4 vote to provide $100,000 appropriation for restoration projects, but would be up for reconsideration on April 15, 2008. Long stated the Assembly was looking to amend road standards, particularly the required 6 inch compacted lift required on Borough City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37 Page roads to provide more drainage. A budget introductory hearing was scheduled for April 15, 2008 and would be revisited May 6 and 201h, but Long wouldn't be surprised if there were more. City Manager's Report. City Manager Phillip Oates updated council on the recent workings and projects happening in the City of Seward. Oates gave an update on Seward's recent legislative funding accomplishments, which were as follows: --Dredging for cruise ship dock: $4.5 million, --Construction of levee road: $1.7 million, --Long Term Care Facility: $400,000, --Electric generators: $2 million, --Pavilions: $195,000, --Fish ditch: $65,000, --Jesse Lee Home: $1,000,000, --DOT public facilities maintenance: $3.3 million, and --Full funding for AVTEC budget items Oates stated the key was the city was able to show they could provide a match to each project. In the Harbor Department, Oates reported the I&T dock construction project was progressing nicely. The pile driving was scheduled to be completed this week and the dredging was to be completed sometime this month. The Finance Department successfully completed its audit on April 4, 2008. Christina Perkins was hired for the Accounting Tech I position. Oates and Finance Director Kris Erchinger would participate in an all -agency meeting on Wednesday to resolve all remaining North Forest Acre Levee issues. If successful, permits could be in place by the end of the summer to construct the levee. If unsuccessful, the city would lose all remaining federal funding for the project. Public Works' Nort Adelmann and the Seward Waste System were awarded the "Large Water System Operator of the Year" and "Large Water System of the Year" awards by the Alaska Waste Water Management Association. The fish ditch design was 50% complete, a plan to outsource the repair of roads and potholes was in progress, and the department was gathering materials and equipment for summer water and waste water projects. Public Works was also moving forward with design work and coordination with the Kenai Peninsula Borough for the new water storage tank. The animal shelter was closed temporarily for observation of possible distemper virus. The DMV opened April 1, 2008 and was running smoothly. In other areas, Oates stated the city's concerns with Seward Bear Creek Flood Service Area Flood Plan, but that he expected a resolution approving this at the next meeting. Oates was in the process of developing a request for proposal for cruise ship passenger and crew bus transportation in Seward. There would be a nuclear power presentation on Wednesday, April 16, 2008 at 6:30 p.m. City of Seward, Alaska City Council Minutes April 14 2008 Volume 37, Page The city manager would be traveling to Seattle next week with the Chamber Director, the Vice Mayor and other Seward representatives to meet with cruise ship and freight companies. Seward/Bear Creek Area Flood Service Board Report. Randy Stauffer stated the SBCFSA met last Monday and noted the board had been doing small projects around Seward's watersheds, mostly outside city limits. Public Works Director W.C. Casey came to the board with city projects inside the city. Stauffer was happy to report the board reviewed them and authorized funding up to $27,000 for the suggested projects. The board had a report from KPB Projects Director Kevin Lyons, where they found their permitting ability had slowed considerably, and Lyons would be of assistance. This would affect current city projects such as Resurrection River maintenance and Stauffer welcomed Lyons' expertise. Lastly, Stauffer noted the approval of the flood mitigation plan was intended to be on tonight's agenda. He gave some updates on the plan from the board's perspective: Their primary responsibility was to come up with an area wide flood mitigation plan. A plan was published in 2005, but the board was informed by FEMA that it did not meet all their rules and therefore was not compliant. The board secured a grant to improve the plan to make it FEMA compliant, which they had been working on for the last several years. The plan that was to come before the council was now approved by FEMA, and the KPB Assembly. Part of the grant stated it needed to be approved by all surrounding government agencies for funding, and the City of Seward was the last to adopt. Stauffer emphasized that time was of the essence, and the funding would run out this month if they did not receive the necessary approval. Stauffer would appreciate if council would review and approve this plan as soon as possible. Other Reports,; Special Presentations - None PUBLIC HEARINGS Ordinances For Public Hearing And Enactment Ordinance 2008-004, Amending Seward City Code 6.10.325(A) And 6.10.135, Limiting City Business License Requirements To Successful Bidders/Proposers. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Smith) Enact Ordinance 2008-004 Oates gave a brief summary of the reasoning of the ordinance. It was to simplify the process of bidding and proposing. Motion Passed Unanimous Non -Code Ordinance 2008-005, Submitting A Proposition To The Qualified Voters At The October 7, 2008 Regular Municipal Election To Exempt City Of Seward Municipal Elected And Appointed Officials From The Requirements Of Chapter 39.50 Of The Alaska Statutes i 4 City of Seward, Alaska City Council Minutes April 14 2008 Volume 37, Page (State Of Alaska Public Official Financial Disclosure Law) Relating To Disclosure Statements And Conflicts Of Interest, And Establishing Local Guidelines. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Smith) Enact Non -Code Ordinance 2008-005 Oates stated this was to decide whether to put this issue on the ballot, as this exemption was required to go before the voters of Seward. Council and the Planning and Zoning Commission had expressed the state required forms were too intrusive and created an unfair competitive disadvantage for public officials that were business owners. Dunham was uncomfortable with this process. He understood the reasons for changing the financial disclosure requirements, but would feel more comfortable to have the suggested disclosure forms as a part of the discussion. He felt it would give the public a full opportunity to see what the council wanted to do instead of comply with the state requirements. Dunham thought the form the city was required to use prior to 2008 was an acceptable form. Oates did not think the action taken tonight precluded the next step Dunham was concerned about. Examples were included in the packet. Tonight's decision was just to determine if the issue should go on the ballot. Oates was prepared to bring back a suggested form at a later time for council to approve. Smith didn't have a problem on how the ordinance was worded for enactment this evening, and thought the council should have a work session to determine what the financial disclosure statement form would look like. Bardarson agreed, and wondered if something should be placed in the ballot language to show that other communities have opted out of the state requirements as well. Motion (Bardarson/Dunham) Table Non -Code Ordinance 2008-005 Corbridge, as he understood it, noted the intent was to have staff work on the language in the ordinance and proposition and have a work session to create a proposed disclosure form to accompany the ordinance. Oates felt council didn't need to link the two issues of putting this item on the ballot and what the new disclosure statement form should look like. The question on the table was if the city wanted to put this to a vote of the people. After discussion, Bardarson and Dunham withdrew their motions to table the ordinance. Motion to Amend (Smith/Bardarson) Amend Non -Code Ordinance 2008-005 by deleting Sections 2-5 and add language "if approved by voters at the regular municipal election of October 7, 2008" to Section 1 City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37 Page After clarification from the Acting City Clerk, Smith and Bardarson withdrew their motions to amend the ordinance. Motion to Table (Bardarson/Dunham) Motion Passed Table Non -Code Ordinance 2008-005 (this motion really was to postpone the agenda item to the following meeting) Unanimous Council, by unanimous consent, directed staff to bring this item back to the April 28, 2008 meeting with language that mentions the other cities within the state that have exempted from this requirement and have a work session on this topic. Council recessed at 9:09 p.m. Council resumed at 9:16 p.m. Resolutions Requiring A Public Hearing Resolution 2008-026, Authorizing Termination Of The Existing Lease With Gerald Lorz As Assigned To Daniel And Linda Lorz And Authorizing The City Manager To Enter Into A New Lease With Juris Mindenbergs For Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, Plat No. 2000-19 In The Seward Recording District, Third Judicial District, State Of Alaska. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Ron Hewitt stated the original proposal provided by the city was for five years, not subject to renewal, and required that the property be used for a retail business no later that January 1, 2009. Hewitt requested the city manager get involved and discussions ensued to extend the lease to 30 years, the "not subject to renewal" language was removed, and it was agreed that the use of the area would be harbor related. Hewitt noted the surrounding parcels have lease terms of 30 years at a minimum with 2 or 3 renewable options of 5 years each. He hoped to have the same parity as well. He thought it would be inappropriate to terminate the Lorz' lease if Mindenbergs was unable to agree to the city's terms of lease. Motion (Valdatta/Bardarson) Approve Resolution 2008-026 Oates stated the present lease ran until 2018. The Mindenbergs wanted a 30 year lease and staff agreed a long term lease was important. The lessees were presently using this building for storage, and the city was reluctant to allow them to use the property for storage. The city wanted to give a certain period of time, and then the lessees must use the land for harbor related retail purposes. Community Development Director Bob Hicks stated during negotiations, staff discussed the term of the lease and there was no discussion of renewable options. There was an agreement in place within the lease for storage use for a certain period of time only. The 30 year use was put in 10 C City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37 Page and council had the option to add extensions. It was not recommended by staff necessarily, but council had that option. There were some serious problems with access to the back of the building and surrounding buildings and Hicks felt giving the lessee the property for more than 30 years would be problematic in solving these access issues. Valdatta thought they should put the extension terms in. Bardarson noted that currently the old Bardarson studio had access because it was leased by the same operators. If the property in question was sublet out to someone else, there would be no access. She wanted to add another section to the resolution. Dunham wasn't necessarily in agreement with a termination of a lease where improvements had been made and a business was established. The way this property was laid out did create a problem with access. Access was not an issue at this time, but it could become problematic if it was sublet. The other issue Dunham had was he didn't think it was the policy of Seward to have a lease cut off date without renewable options. He didn't feel comfortable establishing such a policy and didn't want the statement "not subject to renewable options" in the agreement. Dunham felt they needed to come up with an alternative. The other thing he would like to see the city do was figure out a way for access on this property. All access in this area had been a problem. He didn't think a short piece of alleyway as access was appropriate. Smith agreed access to this property had always been problem. He didn't think there was anything wrong with renewable options, but did agree they needed to fix this access problem. Oates stated neither Hicks nor he remember a discussion of extending options with the lessee. He thought it would be the best approach for council to direct staff to renegotiate. Bardarson offered possible noticelanguage to require access in the resolution. Smith thought if the city gave renewable options, maybe Mindenbergs could offer an access agreement. Motion Failed Unanimous Council directed staff to baring back with 2 five year extensions and negotiate access. Other Items Where Public Hearing Was Requested Ordinance For Introduction Ordinance 2008-006, Amending Seward City Code Table 15.10.220. Development Requirements To Decrease The Front Setbacks In The Industrial Zoning District From 20 Feet To 10 Feet. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37, Page Motion (Bardarson/Dunham) Introduce Ordinance 2008-006 Carol Griswold, gave a power point presentation on the ordinance before the council. Griswold spoke in opposition to this ordinance. Council suspended the rules by unanimous consent to allow Griswold five more minutes to finish her presentation by unanimous consent. DJ Whitman, stated industry was what made this town function. The city itself had brought problems with this. The Leirer Industrial Park was developed years ago with zero lot lines with adopted regulations from Soldotna. Whitman was in favor of this ordinance. The key issue was that Leirer Industrial Park should be separate from the Industrial Zone, and recommended council enact this ordinance. Oates stated when the city talked about a setback it was important to remember they were not talking about utility easements or parking or anything else. Bob Hicks said this came to council as a matter of policy because he had to deny Ace Hardware's request for a temporary structure because they were within 20 feet of the highway. This issue was brought up in 2004; and the Planning and Zoning Commission approved it. It then failed at council by a close vote, so Hicks felt it would be appropriate to revisit. Public Works and Electric opposed this change, simply because things were easier to enforce with a twenty foot setback. Oates added this was an ordinance for introduction only tonight. Part of the reason it was opened up for public hearing tonight was because Planning and Zoning would be faced with this issue tomorrow, so the item was being fast tracked, and staff felt they should offer more publicopportunity to speak. Dunham was in favor of this ordinance. Smith thought the area was a mess and the grandfather laws should be revisited, as they were too strict. Motion Passed Yes: Bardarson, Valdatta, Smith, Dunham No: Kellar, Corbridge NEW BUSINESS Ordinances For Introduction Ordinance 2008-007, Amending Seward City Code Sections 2.10.030 And 2.10.031 To Start City Council Meetings At 7:00 P.M. And Set Adjournment No Later Than 10:30 P.M. Motion (Bardarson/Smith) Introduce Ordinance 2008-007 Smith wanted everyone to think about this in regards to what this change would do to their work sessions. Valdatta stated he would just as soon to go until 11:00 p.m. 10 City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37, Page Dunham was opposed to the change and didn't see the reasoning. He felt council should either make a rule to go until the agenda was completed, or go until midnight. Bardarson liked the change, and supported this ordinance. Much of the viewing public had expressed to her they didn't watch past a certain hour. Kellar agreed that it might be more accommodating for the working council members and working public. Motion Passed Yes: Kellar, Smith, Bardarson, Valdatta, Corbridge No: Dunham Ordinance 2008-008, Amending Seward City Code Title 2, Section 2 30.325 Powers And Duties Of The Port And Commerce Advisory Board. Motion (Bardarson/Smith) Introduce Ordinance 2008-008 Oates stated this ordinance simply brought the title of the board to all areas of the community. Smith and Valdatta didn't understand what this was doing. Oates stated this was the council following PACAB's recommendations to further expand their responsibilities in Seward, not just limiting to the port side of it. Dunham didn't think it was appropriate to add "improving quality of life and protecting the public's best interest." Kellar didn't see anything wrong with this change. Bardarson thought it would broaden their range of what the Board could do. Motion to Amend (Dunham/Smith) Motion to Amend Failed Main Motion Passed Resolutions Amend Ordinance 2008-008, striking language `improving the quality of life and protecting the public's best interest" in Section 1, subsection 3 Yes: Dunham, Valdatta, Smith No: Bardarson, Kellar, Corbridge Unanimous Resolution 2008-029, Authorizing The City Manager To Make Repairs To A 1999 F-250 Service Truck, For An Amount Not -To -Exceed $20,000.00. Electric Utilities Manager Tim Barnum explained why this was a necessary cost. The vehicle in question had been exhausted in its usefulness. To make it usable, there was an extensive list of things to be repaired for use over a year. He did receive a list of estimates from the dealer, City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37 Page which was included in the packet for the council to review. Since they had to tow it, he felt they should make all the repairs while they had it in the shop. This was heavily recommended, mainly because the department really needed to have two service trucks running at the same time. Motion (Valdatta/Bardarson) Approve Resolution 2008-029 Valdatta thought this was wasting money for a vehicle that would only last a year anyway. He thought the department should just replace the vehicle. He thought the original resolution to purchase a new truck should be reconsidered. In response to Kellar, Barnum noted it had over 120,000 miles and it was a gasoline truck. Since ownership, Barnum noted damage to the passenger side door, and he guessed the other damages were due to backing into things. The problems with the airbag system were unknown, and they estimated it to be at least $2,000. In response to Smith and Kellar, Barnum said a lot of the problems were let go because they were planning to replace the vehicle, which was budgeted in the budget in 2006. General maintenance was performed, but the problems became too expensive to fix, so they planned on replacing it. Dunham thought they should table this. Oates said they should fix it or replace it. Valdatta felt they should replace it tonight. Motion to Postpone (Dunham/Valdatta) Postpone Resolution 2008-029 to the April 28, 2008 Meeting Motion to Postpone Passed Unanimous Resolution 2008-031, Authorizing The City Manager To Establish Bond Reserves As Legally Mandated For The 2008 Long -Term Care Facility Revenue Bonds, Identifying The Source Of Funds For Utility Infrastructure, And Appropriating Funds. Motion (Dunham/Bardarson) Approve Resolution 2008-031 Oates stated this appropriated funds to the bond reserves for the Long Term Care Facility. The city was required to have this reserve in the amount of $1.9 million. He listed where these amounts would be coming from. Motion Passed Unanimous Resolution 2008-032, Authorizing The City Manager To Enter Into A Contract With Unit Company To Provide Onsite And Offsite Construction Services To Construct A New Long - Term Care Facility, In An Amount Of $20 Million Dollars, Provided The Final Contract Including Change Orders Will Not Exceed $22 Million Dollars. City of Seward, Alaska City Council Minutes April 14, 2008 Volume 37 Page Motion (Dunham/Bardarson) Approve Resolution 2008-032 Oates stated the negotiations went very well and Bob Hicks said after three and a half weeks of negotiating, they were down to a point where the city could afford the project. There were some smaller scale negotiations that would need to be smoothed out, but the city was confident it could be worked out and a notice of intent to award would be appropriate, followed by a qualified notice to proceed. Valdatta said UNIT Company built Safeway and they were familiar with the city. Hicks said UNIT came out as a very clear top qualifying contractor. In response to Smith, Hicks said they interviewed project managers last week, and noted they would be working for the architect, not for the city and expected that hiring to occur in the next week or two. In response to Valdatta, the architecture firm went out on the initial project manager search, and came back with a qualified individual who the city was satisfied with and would report to the City of Seward to provide daily interface with the city project staff. Motion Passed Unanimous Other New Business Items Council scheduled a work session with the Port & Commerce Advisory Board to go over their priorities on May 12, 2008 at 600 p.m. Council re -scheduled the work session to discuss the International Building Code (IBC), International Mechanical Code (IMC), International Fire Code (IFC), International Residential Code (IRC) and The National Electric Code (NEC) before their proposed adoption to May 7, 2008 at 7:00 p.m. The discussion of the January, February and March City Financials was postponed to April 28, 2008. The discussion of the Recent Railbelt Talks was postponed to April 28, 2008. Council appointed Willard Dunham to be a representative and participate in the Mini -Value Analysis of the Mary Lowell Center. INFORMATIONAL ITEMS AND REPORTS (No action required The 2007 Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan. COUNCIL COMMENTS Valdatta thanked the water department for notification on the escalator. City of Seward, Alaska City Council Minutes April 14 2008 Volume 37, Page Dunham congratulated the Senior Center on their 3dh anniversary. He would like council to thank our legislators for their support, and noted the governor did proclaim and established Seward as the Mural Capital of Alaska. Kellar noted the high school was putting on a production this week and encouraged the community to go see it. CITIZENS' COMMENTS Kevin Clark recommended the council look at the city's ordinance on the conflict of interest section. It seemed better to clarify this regulation rather than require all income. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Oates congratulated council for getting through the lengthy agenda tonight. ADJOURNMENT The meeting was adjourned at 11:00 p.m.. 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