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HomeMy WebLinkAbout06132011 City Council Packet Seward City Council Agenda Packet Summer Solstice June 13, 2011 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska bated CITY COUNCIL MEETING AGENDA All-America City ` r'' I IF {Please silence all cellular phones and pagers during the meeting} 4 P June 13, 2011 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be given the first opportunity to speak. Time is Vice Mayor limited to 2 minutes per speaker and 30 minutes total time for this Term Expires 2012 agenda item.] Robert Valdatta 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Council Member of Consent Agenda passes all routine items indicated by asterisk ( *). Term Expires 2011 Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is Tom Smith returned to the Regular Agenda] Council Member Term Expires 2011 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards Vanta Shafer Council Member 1. Welcome to the Alaska Academy of Family Physicians Pg. 4 Term Expires 2011 2. Katy Turnbull honored as BP's Teachers of Excellence award recipient and named Kenai Peninsula Borough's Teacher of the Marianna Keil Year . Pg. 5 Council Member Term Expires 2012 B. Borough Assembly Report C. City Manager's Report Ristine Casagranda D. City Attorney's Report Council Member E. Mayor's Report Term Expires 2012 F. Other Reports and Presentations 1. Chamber of Commerce Report Phillip Oates City Manager 7. PUBLIC HEARINGS Johanna Kinney City Clerk A. Resolutions Requiring a Public Hearing Cheryl Brooking A. Resolution 2011 -041, Authorizing The City Manager To Enter City Attorney Into A Lease Agreement With The United States Of America For Lot 4 -A2, Block. 2, Marina Subdivision, Seward Small Boat Harbor, For The Purpose Of Relocating The United States Coast Guard (USCG) Shore- Support Building Pg. 6 0 City of Seward, Alaska Council Agenda June 13, 2011 Page 1 8. UNFINISHED BUSINESS A. Items Postponed from a Previous Agenda 1. Resolution 2011 -036, Amending The Surveillance Camera Policy. (Clerk's Note: postponed from the May 9, 2011 council meeting. Original motion made by Bardarson and seconded by Keil) Pg. 53 9. NEW BUSINESS A. Resolutions *1. Resolution 2011 -042, Adopting The Port And Commerce Advisory Board (PACAB) Priorities From May 2011 To April 201 ? Pg. 61 *2. Resolution 2011 -043, Authorizing The City Manager To Reclassify The Utility Office Assistant From A Range 6 -8 To A Range 11 -13 And Change The Title To Electric Executive Assistant .Pg. 63 *3. Resolution 2011 -044, Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For Forty Eight Thousand And Five Hundred Dollars ($48,500.00) Pg. 70 *4. Resolution 2011 -045, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2011 Independence Day Celebration .Pg. 74 5. Resolution 2011 -046, Authorizing The City Manager To Enter Into A Change Order For An Amount Not -To- Exceed $47,600 Funded By The Cruise Ship Head Tax To Complete The Interior Slab Work Necessary To Relocate The USCG Structure Pg. 76 6. Resolution 2011 -047, Amending Resolution 2010 -129 Which Authorizes The Issuance And Sale Of General Obligation Bonds To Pay Costs Of Library/Museum Capital Improvements _ Pg. 82 7. Resolution 2011 -048, Designating $100,000 Of General Fund Undesignated Fund Balance To Cover Costs Associated With The Kenai Peninsula Borough's Implementation Of The City Of Seward's Increase In Sales Tax On Alcohol Beverages And Tobacco Products ..Pg. 84 8. Resolution 2011 -049, A!�!,ropriating Funds In An Amount Up To $1,500,000 For Purposes Of Paying. Costs Associated With The Proposed Seward Community Library Museum Pg. 88 B. Other New Business Items *1. Approval of the May 23, 2011 City Council Regular Meeting Minutes and the May 23, 2011 City Council Special Meeting Minutes .Pg. 91 *2. Appoint Ryan Reynolds and John French to the Historic Preservation Commission with terms expiring 2014 Pg. 105 City of Seward, Alaska Council Agenda June 13, 2011 Page 2 *3. Appoint Tim McDonald to the City of Seward seat on the Cook Inlet Aquaculture Association Board of Directors Pg. 107 *4. Schedule a joint work session with Planning and Zoning Commission to meet with the Alaska Railroad regarding a land exchange for Monday, July 25, 2011 at 5:30 p.m. 5. Discussion on putting the library museum project out for bid as a request for proposal. 10. INFORMATIONAL ITEMS AND REPORTS 1. March Providence Firn117ciul Reports (u;ill be presented as a laydown) 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes' per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADM] NI S T RATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda June 13, 2011 Page 3 Cit of 5ewarcl Certificate of Welcome 4 � s` , °` OF g,F it Awarded To: ,� �' Stk i ` ,,rya" {fit , t'-re-",A k Pk ca dem AIa5ka A y p of Pamil t h sicians � �` '` The 5ewarcl Cit Council would like to thank the Alaska Academy of Pamily Physicians for choosing 5ewarcl as the host city for their 26th Annual Scientific Congress on June 1 6 -1 9, 2011. We hope y our conference will be successful and that yourguests will enjoy the beauty and hospitality of 5ewarcl while they are here! Now Therefore, 1, Willard E. Dunham, Ma on behalf of the Seward City Council, wish to personally welcome the Alaska Academ of ramily Physicians to S t eward and thank them for their vital contributions o our community . Dated this 1 3t6 da of June, 201 1 Willard E. Dunham, Mayor K , t I C I - - - t I I I J x � jr � .� I y � �: � . �. (- � f a t r �,c� �.� 15 r n l Y fj �1 k V - kk -� {. : a l ' L � � c. 4 f t l a r1 k' . ✓ �, 7 : -r 5 P .lid`• -� 3 fir; 3 f. iaF- kr � �$I � h^.� .:s f' ✓1 .� H y� " .•"° :� 3� r '3eH . s p � hk E� _ ' .; , '" a -o" ' it' , � l E' - sc at � ,(fir s 7 z x � �. e�' _t �` �ra":. � - �"'� i a '�,�*'"y t � �, �,t� �;z• ate. -x � � �',,� � - ''' � i � �z z. �`"�, p.7 . � w " ' ° ' lam x x 5 .- 4 �' -r _ k : -f r .' 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Dunham Mayor Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR LOT 4 -A2, BLOCK 2, MARINA SUBDIVISION, SEWARD SMALL BOAT HARBOR, FOR THE PURPOSE OF RELOCATING THE UNITED STATES COAST GUARD (USCG) SHORE- SUPPORT BUILDING WHEREAS, the UNITED STATES OF AMERICA, specifically the U.S. Coast Guard, ( "Lessee ") has requested an existing lease agreement with the City of Seward for 7,500 square feet, more or less, within Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor, Kenai Peninsula Borough Plat number 2000 -166, Seward Recording District, Third Judicial District, State of Alaska; and WHEREAS, the current lease has been in effect since February 27, 1986 and the USCG shore- support building occupies land owned by the Alaska Railroad and the City of Seward; and WHEREAS, the Alaska Railroad has a lease agreement with the City of Seward for a portion of land where the U.S. Coast Guard building crosses the lot line; and WHEREAS, the Alaska Railroad lease with the City will expire September 30, 2011 and the Alaska Railroad has a development plan for improvements to this area after it is vacated by the USCG; and WHEREAS, City administration has worked with the USCG for three years on site plan development, platting, utilities, and a foundation for a new leased parcel at Lot 4A -2, Block 2, Marina Subdivision in the NE Harbor and moorage for the USCG Cutter Mustang at a close proximity on Z float; and WHEREAS, it is in the best interest of the City of Seward to enter into a new lease agreement to facilitate the relocation of the USCG shore - support facilities and the USCG Cutter Mustang to the north -east harbor during the same time - frame. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a lease agreement with the UNITED STATES OF AMERICA in substantial form as presented at this meeting, Section 2. This resolution shall take effect thirty (30) days after its adoption and posting. Upon the effectiveness of this resolution, the lease will be effective July 15, 2011 L Council Agenda Statement Meeting Date: June 13, 2011 a of sets, '� 9 Through: Phillip Oates, City Manager a F � ° From: Kari Anderson, Harbormaster q K Subject: Lease Agreement for Lot 4 -A2, Block 2 for USCG BACKGROUND & JUSTIFICATION: Initially, the United States Government (U.S. Coast Guard), entered into a lease with the City for 7,500 square feet, more or less, within Lot 2, Block 6, Marina Subdivision, Seward Small Boat Harbor. This leased area encompasses the USCG shore - support building and associated infrastructure. The building located on this site crosses a lot line, in violation of SCC 12.01.030. A portion of the current building site is located on land owned by the Alaska Railroad. To that end, the City and the Alaska Railroad entered into a lease agreement in 1986 for a portion of undeveloped land, which was in turn utilized by the U.S. Coast Guard. The Alaska Railroad lease expires September 30, 2011. City administration has worked with the USCG for three years on site plan development, platting, utilities, and a foundation for a new leased parcel at Lot 4A -2, Block 2, Marina Subdivision in the north -east Harbor. This parcel plat was approved by the Kenai Peninsula Borough in October 2009. It is in the best interest of the City of Seward to enter into .a new lease agreement to facilitate the relocation of the USCG shore - support facilities and the USCG Cutter Mustang to the north -east harbor. This new leased parcel will cause a reduction in the number of parking spaces available in the north -east harbor, however with the removal of pilings (used for Z float) and some improvements to the parking lot (adjacent to Port Avenue) the net loss of parking will not be substantial. INTENT: To approve a new lease with the UNITED STATES OF AMERICA (U.S. Coast Guard) for Lot 4A -2, Block 2, Marina Subdivision. 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 or Other Plans or Policies: Yes (List Below) No 1.) Comprehensive Plan Economic Development, Small Boat Harbor Development: expand and maximize potential of the existing harbor 2.) Strategic Plan Growth Management and Land Use Planning: Promote residential and commercial development inside the city 3.) Municipal Lands Management Plan Leases:... continue to dispose of commercial and industrial lands through long term leases... 4.) Small Boat Harbor Management Plan Lands: ...ensure that existing lease sites are fully developed FISCAL NOTE: The Lease Agreement was negotiated based on the 2010 annual rental rate as established in the City of Seward Appraisal report. The Lease rate for this parcel will be $16,000 per year. Approved by Finance Department: ,, ATTORNEY REVIEW: YES X NO RECOMMENDATION Council approve Resolution 2011 -041 authorizing the City Manager to enter into a lease agreement with the United States Coast Guard for Lot 4A -2, Block 2 Marina Subdivision. 9, Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009 -16 RESOLUTION 2009 -16 OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING THE SEWARD CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF LOT 4A, BLOCK 2, MARINA SUBDIVISION, COAST GUARD REPLAT, LOCATED SOUTH OF PORT AVENUE AT APPROXIMATELY 1509 X -FLOAT ROAD, - WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, administration hired Integrity Surveys to prepare a preliminary plat of City - owned land Lot 4A, Block 2, Marina Subdivision; and WHEREAS, Integrity Surveys has submitted, on behalf of the City of Seward, the attached replat which subdivides the parcel into two lots creating Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coat Guard Replat; and WHEREAS, this platting action will create Lot 4A -1 at approximately 3.431 acres and Lot 4A -2, at just over a half an acre or 26,6000 square feet; and WHEREAS, the property is zoned Harbor Commercial (HC) and is currently vacant of any structures and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code; and WHEREAS, Lot 4A -2 is being created in preparation for the planned relocation of the US Coast Guard Facility; and WHEREAS, prior to final approval the plat shall provide utility and access easements for all existing and proposed utilities and accesses; and WHEREAS, no subdivision installation agreement is necessary at this tinge because the area is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with a public notice sign. 1 Seward Planning and Zoning Commission Resolution 2009 -16 Page2of2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, -Coast Guard Replat to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends Kenai Peninsula Borough. approval of the Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. 2. Correct plat note number 4 to comply with Title 15, Floodplain Development, of the Seward City Code. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7 day of July 2009. THE CITY OF SEWARD, ALASKA 7 ) , L2JC- -- Sandie Roach', Chair AYES: Ecklund, Morgan, Roach', Stauffer NOES: None ABSENT: Heinrich ABSTAIN: McClure VACANT: One ATTEST: oi ssis 'so • ean Lewis, CMC * ,,,� ' City Clerk (City Seal) • SEAL) • E • • • • VP,. 7kt OD ., ,,, 4),.......0. OF A � , +1,°4 P &Z Agenda Statement Meeting Date: July 7, 2009 a jo f sFl 4 Through: Christy Terry, Community Development Director 4 4A10 . From: Donna Glenz, Associate Planner PI l ifi}1 3 / Agenda Item: Resolution 2009 -16, Preliminary Plat Review of Lot 4A- 1, and Lot 4A -2, Marina Subdivision, Coast Guard Replat BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to City Council and Kenai Peninsula Borough Planning Commission is a preliminary plat of City -owned land Lot 4A, Block 2, Marina Subdivision which subdivides the parcel into two lots creating Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coat Guard Replat. Lot 4A -2 is being created in preparation for the planned relocation of the US Coast Guard Facility currently located along Fourth Avenue in the Small Boat Harbor. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the City Council. Subdivision Review: Zoning: The property is zoned Harbor Commercial (HC) which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code. Size: This platting action will create Lot 4A -1 at approximately 3.431 acres and Lot 4A -2, at just over a half an acre or 26,600 square feet. Lot 4A -1 has 308 lineal feet on Port Avenue and Lot 4A -2 has approximately 190 lineal feet of lot frontage on what has become known as X -Float Road. These lots meet the SCC requirement in lot size and width within the Harbor Commercial Zoning District. Utilities: The property is served by the existing public utilities; therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located within existing utility easements or in easements which shall be provided during this plating action. There are fire hydrants within approved distances. City staff reviewed the replat and has submitted a request that all utilities currently Located on the Lots 4A -1 and 2 be located and easements be provided before this plat is t 1 approved. The request has become a condition recommended to the Kenai Peninsula Planning Commission for final platting action. Existing Use: These parcels are currently used as access and parking for the northeast harbor boat launch ramps and X- Float. There are currently no structures located on these parcels. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. Kenai Peninsula Borough Code 20.24 Exceptions Requested: On behalf of the City of Seward the surveyor will be requesting the Kenai Peninsula Borough Planning Commission approve an exception to the proposed plat. The exception granted by the Kenai Peninsula Borough Planning Commission will be noted on the plat with the date of the Commission meeting. The Kenai Peninsula Borough Commission may authorize exceptions to any of the requirements set forth in their subdivision design requirements based on findings of fact outlined in KPB Code §20.24.010(A) Exceptions to regulations — Procedure - Commission authority. 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is that most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. KPB Code §20.20.200 would require Lot 4A -2 abut a dedicated street. There are compelling findings to support the requested exception: 1. The entire Lot 4A -1 is a dedicated public access easement and a non - dedicated route commonly known as X -Float Road located on the westerly edge of the lot has provided access to the public boat launch ramp, X -Float and other uses. 2. Access to all portions of Lot 4A -2 and other uses is or will be available for emergency service providers, city maintenance vehicles, refuse collectors and public vehicles. 3. Existing access easement is available to all adjoining properties. 4. The plating of a dedicated Right -of -way for X -Float Road has not been reviewed or supported at this time. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) _ X Generally the Comprehensive Plan supports the development of the Small Boat Harbor and the strong community support of the US Coast Guard in Seward. 2. Strategic Plan (1999) X 3. Seward City Code X 1 -a 4. Seward Small Boat Harbor Planning and Development Guide (June 2003) X The guide supports the relocation of the Coast Guard building from Fourth Avenue and the development of the northeast portion of the Small Boat Harbor. RECOMMENDATION: Commission approves Resolution 2009 -16, recommending City Council and the Kenai Peninsula Borough approval of Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. 2. Correct plat note number 4 to comply with Title 15, Floodplain Development, of the Seward City Code. City of Seward, Alaska , Planning Commission Minutes July 7, 2009 Volume 6, Page 3 4 3 The following items were approved on the Consent Agenda: Resolution 2009 -17 Recommending City Council and Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 1-6, Block 8, Original Townsite of Seward, Library Replat, Located Between 229 and 239 Sixth Avenue May 7, 2009 Regular Meeting Minutes and May 19, 2009 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — Resolution 2009 -15 (Substitute) Recommending the Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 1 & 2 of USS 241, Clearview Manor, Three Bears Replat, Vacation of Internal Lot Line and Dedicating Approximately 461 Square Feet of Iron Drive Right -Of -Way, Located at 1711 Seward Highway, Within the Auto Commercial Zoning District Terry reviewed Resolution 2009 -15 and explained the differences between the original and substitute resolution. She noted the substitute resolution changed the word dedicated to dedicating. She stated the owners of Three Bears were considering a remodel and they were required to vacate the internal lot lines and were dedicating additional right -of -way of Iron Drive. She explained why this was not on the consent agenda. In response to Ecklund, Terry stated the owners of Three Bears had paid for the survey. 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. Motion (McClure /Stauffer) Approve Resolution 2009 -15 Substitute Motion Passed Unanimous Resolution 2009 -16 Recommending Seward City Council and the Kenai / Peninsula Borough Approval of the Preliminary RepIat of Lot 4A Block 2, Marina Subdivision, Coast Guard Replat, Located South of Port Avenue at Approximately 1509 X -Float Road, within the harbor Commercial Zoning District Terry reviewed Resolution 2009 -16 and explained Lot 4A -2, Block 2, was being created for the planned relocation of the Coast Guard building. She stated prior to final approval the plat i4 City of Seward, Alaska Planning Commission Minutes July 7, 2009 Volume 6, Page 3 4 4 was to provide access and utility easements for all existing and proposed utilities and accesses. She noted that plat notes were be included, the surveyor was to ask for a variance, to comply with � the dedicated Right -of Way access at the Borough Planning level, and she continued to review the (/ plat. She concluded that administration was looking forward to the Coast Guard moving to the new location which would benefit both the Coast Guard and harbors. J • building Inl location. response to Roach', Terry explained the utilities and uses currently within the proposed In response to Stauffer, Terry stated she did not have the specifics on what changes would be made to plat note #4. r 1 j McClure requested to recuse herself from voting on this resolution in order to vote at the C Borough level. Roach' granted her recusal on this issue. , I hi response to Ecklund, Harbor Master Anderson stated due to the deal that was agreed 1 upon between the City and Coast Guard the relocation costs would be split in half between both parties. She noted the Coast Guard did not want to move from their location but since they are on railroad and City property they need to move and further explained why the proposed location was chosen. In further response to Ecklund, Anderson explained that the Coast Guard had requirements on where the on shore facilities must be located in relation to the support vessel and the current Mustang float location would not support the new service demands once the boat is refitted at dry dock. Terry clarified the aerial had a Kenai Peninsula Borough overlay, which 1 skewed the image. 1 In response to Roach', Anderson noted the new Z float was able to support the Mustang and other vessels. Anderson continued the railroad planned to improve the harbor area through beautification efforts, once the Coast Guard had been relocated. 1 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one else requested to be heard and the public hearing was closed. I Motion (Stauffer/Morgan) Approve Resolution 2009 -16 ( ( I � Stauffer expressed her approval of the Coast Guard and stated she would vote for this Resolution. Roach' commented that this proposal did not distract from the community but would help J enhance it. Motion Passed Unanimous --* I 'tom Sponsored by: Oates SEWARD CITY COUNCIL RESOLUTION 2009 -071 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING THE KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF LOT 4A, BLOCK2, MARINA SUBDIVISION, COAST GUARD REPLAT, LOCATED SOUTH OF PORT AVENUE AT APPROXIMATELY 1509 X -FLOAT ROAD, WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, administration hired Integrity Surveys to prepare a preliminary plat of City - owned land Lot 4A, Block 2, Marina Subdivision; and WHEREAS, Integrity Surveys has submitted, on behalf of the City of Seward, the attached replat which subdivides the parcel into two lots creating Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coat Guard Replat; and WHEREAS, this platting action will create Lot 4A -1 at approximately 3.431 acres and Lot 4A -2, at 27,720 square feet; and WHEREAS, the property is zoned Harbor Commercial (HC) and is currently vacant of any structures and the subdivision meets the minimum lot size and width requirements of the Seward ... Zoning Code; and WHEREAS, Lot 4A -2 is being created in preparation for the planned relocation of the US Coast Guard Facility; and WHEREAS, prior to final approval the plat shall provide utility and access easements for all existing and proposed utilities and accesses; and WHEREAS, no subdivision installation agreement is necessary at this time because the area is currently serviced by municipal roads, water, sewer, electric and other utilities; and WHEREAS, at their July 7, 2009 meeting the Planning and Zoning Commission held the required public hearing and approved Resolution 2009 -16 recommending the City Council and the Kenai Peninsula Borough approve the Lot 4A, Block 2, Marina Subdivision, Coast Guard Replat, subject to certain conditions; and WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat of city- owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without prior consent of the city council, WINSP i� CITY OF SEWARD, ALASKA RESOLUTION 2009 -071 NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby recommends Kenai Peninsula Borough approval of the Lot 4A, Block 2, Marina Subdivision, subject to the following condition: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of Seward, Alaska this 10th day of August 2009. THE CITY OF SEWARD, ALASKA WPM Clark Corbridge, Mayor AYES: Valdatta, Dunham, Bardarson, Kellar, Smith, Keil, Corbridge NOES: None ABSENT: None ABSTAIN: None ATTEST: Jearii Lewis, CMC CitylClerk �,eCa�uRS�t� .�° Ef t . S r ,,s ♦o (City Seal) ,....•,',+ , Q , 4 ® r • t H' A t 7 i r 4.1 • 45Ae 41* � COUNCIL AGENDA STATEMENT Meeting Date: August 10, 2009 Of sE4. To: City Council'�`� Through: Phillip Oates, City Manager al' `' Christy Terry, Community Developrnent Director From; Donna Glenz, Associate Planner Agenda Item: Resolution 2009 -7/ Recommending the Kenai Peninsula Borough Approval of the Preliminary Plat Review of Lot 4A -1, and Lot 4A -2, Marina Subdivision, Coast Guard Replat BACKGROUND & JUSTIFICATION: Attached for Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat of City -owned land Lot 4A, Block 2, Marina Subdivision which subdivides the parcel into two lots creating Lots 4A -1 and 4A -2, Block 2, Marina Subdivision, Coat Guard Replat. In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the City Council. Subdivision Review: Zoning: The property is zoned Harbor Commercial (HC) 'which allows all of the existing uses on the property, and the subdivision meets the minimum lot size and width requirements of the Seward Zoning Code. Size: This platting action will create Lot 4A- I at approximately 3.431 acres and Lot 4A -2, at 27,720 square feet. Lot 4A -1 has 308 lineal feet on Port Avenue and Lot 4A -2 has approximately 198 lineal feet of lot frontage on what has become known as X -Float Road. These lots meet the SCC requirement in lot size and width within the Harbor Commercial Zoning District. Utilities: The property is served by the existing public utilities; therefore a subdivision agreement is not required. Existing water, sewer and electric lines are located within existing utility easements or in easements which shall be provided during this plating action. There are fire hydrants within approved distances. City staff reviewed the replat and has submitted a request that all utilities currently located on the Lots 4A -1 and 2 be located and easements be provided before this plat is approved. The request has become a condition recommended to the Kenai Peninsula Planning Commission for final platting action. 1 '9 Existing Use: These parcels are currently used as access and parking for the northeast harbor boat launch ramps and X- Float. There are currently no structures located on these parcels. Flood Zone: The property is not within a FEMA mapped Flood Hazard Zone. Kenai Peninsula Borough Code 20.24 Exceptions Requested: On behalf of the City of Seward the surveyor will be requesting the Kenai Peninsula Borough Planning Commission approve an exception to the proposed plat. The exception granted by the Kenai Peninsula Borough Planning Commission will be noted on the plat with the date of the Commission meeting. The Kenai Peninsula Borough Commission may authorize exceptions to any of the requirements set forth in their subdivision design requirements based on findings of fact outlined in KPB Code §20.24.010(A) Exceptions to regulations — Procedure - Commission authority. 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is that most practical manner of complying with the intent of this title; 1 That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. KPB Code §20.20.200 would require Lot 4A -2 abut a dedicated street. There are compelling findings to support the requested exception: 1. The entire Lot 4A -1 is a dedicated public access easement and a non- dedicated route commonly known as X -Float Road located on the westerly edge of the lot has provided access to the public boat launch ramp, X -Float and other uses. 2. Access to all portions of Lot 4A -2 and other uses is or will be available for emergency service providers, city maintenance vehicles, refuse collectors and public vehicles. 3. Existing access easement is available to all adjoining properties. 4. The plating of a dedicated Right -of =way for X -Float Road has not been reviewed or supported at this time. It is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the City Council and the Kenai Peninsula Borough regarding subdivision plat proposals. The Planning and Zoning Commission reviewed the preliminary plat at its July 7, 2009 regular meeting and approved Resolution 2009 -16 recommending City Council and Kenai Peninsula Borough approval ofthe Lot 4A -1, and Lot 4A -2, Marina Subdivision, Coast Guard Replat. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan, Seward Small Boat Harbor Plan and City Council Rules of Procedures. Lot 4A -2 is being created in preparation for the planned relocation of the US Coast Guard Facility currently located along Fourth Avenue in the Small Boat Harbor. ATTORNEY REVIEW: N/A FISCAL NOTE: The surveying and associated fees to complete the rep t were includes in t e current Community Development Contracted Services Budget. Approved by Finance Department // � i.! � t RECOMMENDATION: Council approves Resolution 2009 -, recommending the Kenai Peninsula Borough approval of Lots 4A -I and 4A -2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following conditions: 1. All existing utilities shall be located; and easements provided for all existing and planned utilities and accesses for the entire plat. • City of Seward, Alaska City Council Minutes August 10, 2009 Volume 38, Page 137 Assistant City Manager Kirsten Vesel stated Chris Thayse entered in a lease in 2004 and had now requested a termination to be effective at the time of sale of the building to Harbor Holdings LLC. The new lease would be in substantial form as presented vvith the new owners. This agreement would expire by November of 2009 if the building sale did not go through not by then. She said there would be new appraisals done in 2010 and new rental rates next summer based on fair market values with annual adjustments based on the Anchorage CPI. 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 Passed Unanimous NEW BUSINESS Resolution 2009 -071, Recommending The Kenai .Peninsula Borough Approval Of The j Preliminary Replat Of Lot 4A, Block 2, 1Vlarina Subdivision, Coast Guard Replat, Located South Of Port Avenue At Approximately 1509 X-Float Road, Within The Harbor ' CCommercial „ Zoning )(District. Motion (Kell / ellaa) Approve Resolution 2009 -071. Vesel notified this gave preliminary plat approval which created two lots and must be submitted to the Kenai Peninsula Borough with consent by the city council. This plat was in the harbor commercial zoning district therefore no subdivision agreement was required. Vesel stated Plannin & Zoning Commission had recommended approval and that this was being created for a planned relocation of the Coast Gu.ard facility on 4 Avenue in the harbor and all other compelling findings in support of this approval were attached in the packet. Valdatta was concerned with the loss of parking. In response to questions, Harbormaster Kari Anderson remarked there would be a relocation of a storm drain, but all utilities remained the same and no additional easements were needed. The harbor always had a concern over parking losses and the administration was seeking (/ alternatives to obtain more parking in this area. The existing building would be relocated and parking for Coast Guard members needed to be incorporated within th:i.s plat. There were no plans to fence this property and there should be some public parking left. Motion Passed Unanimous Resolution 2009 -075, Authorizing The City Manager To Enter into A New Short Term Lease With Godwin Glacier, LLC For Lot 4, Block 3, Seward Marine Industrial Subdivision, Plat 97- 27, Seward Recording District, Third Judicial District, State Of AIaska. Motion (Bardaarson /Smith) Approve Resolution 2009 -075 U. S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO, 1 HSCG89 -11 -1 -0047 PURPOSE. The United States Coast Guard, among other things, renders aid to distressed persons, vessels, and aircraft on and under the Bering Sea, the Gulf of Alaska, the Northern Pacific Ocean, and all water over which the United States has jurisdiction; the U.S. Coast Guard maintains vessels for ocean navigation and rescue missions. To maintain this, the U.S. Coast Guard must place vessels throughout the coast of Alaska. It is necessary therefore that the U.S. Coast Guard base a cutter or patrol boat or other vessels as appropriate in Seward to maintain the necessary support. It is for this purpose that the Coast Guard seeks uninterrupted and exclusive use of a parcel of land located on Lot 4A -2, Block 2, Marina Subdivision, Seward Small Boat Harbor, Seward, Alaska, to construct, repair, rehabilitate, replace, operate and maintain a Cutter Support Facility. THEREFORE THIS LEASE, is made and entered into this date by and between the City of Seward, whose address is P.O. Box 167, Seward, Alaska 99664 - 0167, whose interest in the property hereinafter described is that of: OWNER, ( "LESSOR "), pursuant to City of Seward authorization Resolution No. 2011 - , and the Commanding Officer, U.S. Coast Guard Shore Infrastructure Logistics Center (SILC), Product Line Division, Portfolio Management Branch, on behalf of the UNITED STATES OF AMERICA, (hereinafter called the "GOVERNMENT "), pursuant to 14 U.S.C. § 92(0, for the consideration hereinafter mentioned. WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The LESSOR hereby Leases to the GOVERNMENT the following described premises: A parcel of land (27,720 square feet), on Lot 4A -2, Block 2, Marina Subdivision, Seward Small Boat Harbor, Seward, Alaska, Plat No. 2010 -9 recorded in the Seward Recording District, Third Judicial District, State of Alaska, as shown on the Site Map in Exhibit "A ", attached hereto and made a part hereof. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning at occupancy July 15, 2011 through September 30, 2011 subject to termination and renewal rights as may be hereinafter set forth. 3. The GOVERNMENT shall pay the LESSOR starting October 1, 2011 an annual rent of $16,000.00 at the rate of $4,000.00 per quarter in arrears, provided appropriations are granted by Congress. Rent for a lesser period shall be prorated. Electronic (ACH) rent payments shall be made payable to LESSOR and processed as explained in paragraph 26. Date of Occupancy: July 15, 2011 (July 15 thru September 30, 2011- no rent) ACCOUNTING DATA: 2/J/201/117/30/0/DL/71117/2321 FY12: October 1, 2011 - September 30, 2012 $16,000.00 /year at $4,000.00 /quarter 4. The GOVERNMENT may terminate this Lease at any time by giving at least 90 days' notice in writing to the LESSOR and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This Lease may be renewed at the option of the GOVERNMENT, for the following terms and at the following rentals: Nineteen (19) successive one -year periods with the same terms and conditions, provided the GOVERNMENT is in compliance with all provisions of this Lease and notice is given in writing to the LESSOR at least 90 days before the end of the original Lease term or any renewal term; all other terms and conditions of this Lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day Page .1.of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV, 6/2003) Prescribed by GSA— FPR (41 CRF) 1- 16.601 A after the date of mailing. In no event shall this Lease be renewed for a period that extends beyond September 30, 2031. The Annual Rent shall be adjusted every five (5) year period commencing on the first day of October 2015, 2020, 2025 and 2030. The Annual Rent Adjustment is described and referred to in Exhibit `B" attached hereto and made a part hereof. 6. The LESSOR shall furnish to the GOVERNMENT, as part of the rental consideration, the following: a. The right of ingress and egress across the LESSOR's property for the GOVERNMENT, its contractors and other duly authorized personnel, necessary or convenient for the construction, repairs, rehabilitation, replacement, operation and maintenance of a Cutter Support Facility. b. LESSOR will notify the GOVERNMENT, in writing, within thirty (30) days of any: 1) Transfer of ownership of the described premises. 2) Change of payment, mailing address or ACH payments. c. LESSOR shall provide the GOVERNMENT proof of ownership of the Leased land prior to execution of this Lease. 7. SPECIAL PROVISIONS: a The LESSOR shall furnish the GOVERNMENT with a concrete foundation and slab for the Cutter Support Facility Building prior to its relocation to the "leased premises at no cost to the GOVERNMENT. Construction work in this paragraph shall be coordinated and mutually agreed between the LESSOR and the GOVERNMENT. The Site Plan is shown as Exhibit "C" attached hereto and made a part hereof. b. The GOVERNMENT shall move its owned Cutter Support Facility Building, Trailer (8' x 40') and a Hazmat Shed from a parcel of land located at 4th Avenue within the Seward Small Boat Harbor to the leased premises at its own expense. The Relocation Map is shown as Exhibit "D" attached hereto and made a part hereof. e. The LESSOR shall furnish the GOVERNMENT with utility service connections including water and sewer prior to or immediately following the relocation of the Cutter Support Facility Building to the leased premises at no cost to the GOVERNMENT. LESSOR shall be responsible for the repairs and maintenance of the water service line from the main to the service valve. The GOVERNMENT shall be responsible for the maintenance and operation of the sewer service, per City Code 14.20.020. Construction work in this paragraph shall be coordinated and mutually agreed between LESSOR and the GOVERNMENT. City Code 14.20.020 — Property Owner Responsibility: Each property owner shall be solely responsible for the installation, maintenance and operation of any building sewer or any on -site sewage disposal system, whether or not such system has been approved or inspected by the city, d. The LESSOR shall furnish the GOVERNMENT with electric service connections prior to or immediately following the relocation of the Cutter Support Facility Building to the leased premises at no cost to the GOVERNMENT, except for modifications to GOVERNMENT owned electric service equipment including the meter base and service conduit riser. Construction work in this paragraph shall be coordinated and mutually agreed between the LESSOR and the GOVERNMENT. e. The GOVERNMENT shall have the right to construct a new 20' x 40' fabric structure on a concrete slab within the leased premises. f. The GOVERNMENT shall have the right to construct an 8' high chain link fence along the perimeter of the leased premises, including the installation of a 14' wide automatic gate and one (1) 12' wide manual gate. g. The GOVERNMENT shall have the right to install a aboveground fuel tank in the leased premises. h. The GOVERNMENT shall have the right to install windscreens to its Cutter Support Facility Building as shown in Exhibit "C" of this Lease. ►, The GOVERNMENT shall have the right to pave the leased premises at its own expense. j. Disposition of Improvements: Improvements made upon the lands by the GOVERNMENT shall upon the expiration, termination or cancellation of this Lease or of any renewal thereof: 1. Be removed by the GOVERNMENT within thirty (30) days of the effective date of expiration, termination or cancellation and the site be left in a clean and safe condition, or 2. With the consent of the LESSOR be sold to the succeeding LESSEE, or 3. With the consent of the LESSOR and upon thirty (30) days advance notice to the LESSOR in writing, be abandoned in place. Page 2 of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV. 6/2003) Prescribed by GSA— FPR (41 CRF) 1- 16.601 The LESSOR shall extend the time for sale, removal, or other disposal of such improvements in cases where hardship is proven by the GOVERNMENT and further provided that during any such extension the GOVERNMENT shall pay rent at the then current rental rate. Nothing herein authorizes the GOVERNMENT to take any disposal action not authorized by applicable federal regulations. k. Alterations: Subject to Article 5 of Exhibit "E" the GOVERNMENT shall have the right during the existence of this Lease to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the GOVERNMENT and may be removed or otherwise disposed of the GOVERNMENT, including abandoned in place. 1. Restoration: Should the GOVERNMENT remove any improvements constructed by the GOVERNMENT, the GOVERNMENT shall be given a reasonable amount of time to complete restoration. Restoration funds will be subject to the appropriations granted by Congress. m. Utility Costs: Utility hook -up and user charges will not exceed those normally charged similar commercial enterprises; as set forth in established rate schedules of the Seward, Alaska public utilities activity. n. Utilities: The LESSOR will provide the GOVERNMENT water, sewer, and electricity services. The GOVERNMENT shall pay the LESSOR or the utility company for these services separate from this Lease. GOVERNMENT will contract with current garbage removal provider separately from this Lease. o. The Agreement described in Exhibit "E ", attached hereto and made a part hereof, between the LESSOR and the GOVERNMENT shall be in effect during the term of this Lease. p. No notice, order, direction, determination, requirement, consent or approval under this Lease shall be of any effect unless given in writing by such City of Seward official as may be designated and approved by the City of Seward City Council. All notices required by this Lease shall be sent by first class mail or delivered personally at the respective addresses contained in this Lease or such addresses as the parties may designate in writing. 8. The following are attached and made a part hereof: Exhibit "A" - Site Map Exhibit "B" - Annual Rent Adjustment Exhibit "C" - Site Plan Exhibit "D" - Relocation Map Exhibit "E" - Agreement under Lease HSCG89 -11 -1 -0047 9. SUCCESSORS BOUND: The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 10. SUBLETTING /ASSIGNMENT: GOVERNMENT may not sublet or assign leased premises. 11. ENVIRONMENTAL PROTECTION: GOVERNMENT shall, at no cost to the LESSOR, promptly comply with all applicable Federal, state, and local laws, regulations, and directives regulating the quality of the environment, including, but not limited, to those laws concerning any petroleum products, toxic substances, medical wastes and hazardous materials, substances or wastes. 12. ANTI - DEFICIENCY ACT: (31 USC § 1341 as amended). Nothing in this Lease shall constitute an obligation of funds of the United States in advance of appropriation thereof. 13. INDEMNIFICATION: The GOVERNMENT, in the manner and to the extent provided by the Federal Tort Claims Act (28 USC Sections 2671 -2680 as amended) shall be liable for, and shall hold LESSOR harmless from, claims for damage or loss of property, personal injury or death caused by the acts or omissions of the GOVERNMENT, its officers, employees and agents in the use of the leased premises. 14. INSURANCE: GOVERNMENT is a self - insured entity and as such is not required to provide LESSOR with any certificate of insurance or notice of renewal, termination, cancellation, expiration or alteration of insurance policy. Page 3 of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV. 6/2003) Prescribed by GSA — FPR (41 CRF) 1- 16,601 ALI 15. OFFICIALS NOT TO BENEFIT: No member or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this Lease or any benefit to arise there from, but this provision shall not be construed to extend to this Lease if made with a corporation whose membership, includes a member or delegate to Congress or Resident Commissioner, who indirectly receives a general benefit from this Lease. 16, AMENDMENT OR MODIFICATION: No amendment or modification shall be valid unless evidenced by an agreement in writing signed by both parties. 17. GOVERNING LAW: The Lease shall be govemed by federal law and regulations. To the extent reference to state law is necessary, the laws of Alaska shall apply. 18. SEVERABILITY: If any term or provision of this Lease is held invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law. 19. PAYMENTS OF TAXES AND ASSESSMENTS: The GOVERNMENT is not responsible for or liable for the payment of any real property taxes, personal taxes or assessments levied or assessed upon or against the leased premises. 20. ENTIRE AGREEMENT: This Lease, with attachments, constitutes the only agreement between LESSOR and GOVERNMENT. Any prior understanding or representation of any kind, which proceeded the date of this Lease, are not binding on either party, except to the extent the understandings are incorporated into this Lease. 21. MUTUAL AUTHORITY: LESSOR and GOVERNMENT represent and warrant to each other that they have HI right, power and authority to enter into this Lease without the consent or approval of any other entity or person and make these representations knowing that the other party will rely thereon. Furthermore, the signatories on behalf of LESSOR and GOVERNMENT further represent and warrant that they have full right, power and authority to act for and on behalf of LESSOR and GOVERNMENT in entering into this Lease. 22, ATTORNEY FEES: To the extent not in conflict with federal law, should any dispute arise between the parties hereto or their legal representatives, successors and assigns concerning any provision of this Lease or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to recover reasonable attorneys' fees and legal costs in connection with such dispute as determined by the judgment or award of any court or tribunal of competent jurisdiction. 23, LEASE PAYMENT: The following office will process Lease payments: U.S. Coast Guard Finance Center (Team 2A) 1430A Kristina Way Chesapeake, VA 23326 -1728 24. LEASE ADMINISTRATION: The following office shall administer this Lease: U.S. Coast Guard Commanding Officer — SILC Product Line Division, Portfolio Management Branch 1301 Clay Street, Suite 700N Oakland, CA 94612 -5203 25. TAX IDENTIFICATION: GOVERNMENT regulations require a LESSOR tax identification number (TIN /SSN). Page Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV. 6/2003) Prescribed by GSA— FPR (41 CRF) 1- 16.601 LESSOR hereby certifies that the following TIN /SSN and telephone number are correct :. TIN %SSN: 92- 6000086 DUNS: 03 -799. -6634 Telephone Number: 907- 224 -3158 Phillip Oates, City Manager bate Signature 26. PAYMENT BY ELECTRONIC FUNDS TRANSFER — CENTRAL CONTRACTOR REGISTRATION: a. Method of Payment 1) All payments by the GOVERNMENT under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. 2) In the event the GOVERNMENT is unable to release one or more payments by EFT, the LESSOR agrees to either accept payment by check or some other mutually agreeable method of payment, or request the GOVERNMENT extend the payment due date until such time as the GOVERNMENT can make payment by EFT (but see paragraph (d) of this clause). The LESSOR will not accept payment by credit card. b. LESSOR's EFT information. The GOVERNMENT shall make payment to the LESSOR using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the LESSOR shall be responsible for providing the updated CCR database. c. Mechanisms for EFT payment. The GOVERNMENT may payments by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CRF part 210. d. Suspension of payment. If the LESSOR's EFT information in the CCR database is incorrect, then the GOVERNMENT need not make payment to the LESSOR under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. e. LESSOR EFT arrangements. If the LESSOR has identified multiple payment receiving points (i.e., more than one remittance address and /or EFT information set) in the CCR database, and the LESSOR has not notified the GOVERNMENT of the payment receiving point applicable to this contract, the GOVERNMENT shall make payment to the first payment receiving point (EFT information set or remittance address is applicable) listed in the CCR database. f Liability for incomplete or erroneous transfer. 1) If an incomplete or erroneous transfer occurs because the GOVERNMENT used the LESSOR's EFT information incorrectly, the GOVERNMENT remains responsible for making a correct payment, paying any prompt payment penalty due and recovering any erroneously directed funds. 2) If an incomplete or erroneous transfer occurs because the LESSOR's EFT information was incorrect, or was revised within 30 days of GOVERNMENT release of the EFT payment transaction instruction to Page 5 of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV, 6/2003) Prescribed by GSA — FPR (41 CRF) 1- 16.601 0 1., the Federal Reserve System, and if the funds are no longer under the control of the payment office, the GOVERNMENT is deemed to have made payment and the LESSOR is responsible for recovery of any erroneously directed funds or if the funds remain under the control of payment office, the GOVERNMENT shall not make payment, and the provisions of paragraph (d) of this clause shall apply. g. EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. h. EFT and assignment of claims. If the LESSOR assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the LESSOR shall require as a condition of any such assignment, that the assignee shall register in the CCR database and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the LESSOR. EFT information that shows the ultimate recipient of the transfer to be other than the LESSOR, in the absence of proper assignment of claims acceptable to the GOVERNMENT, is incorrect EFT information within the meaning of paragraph (d) of this clause. i. Liability for change of EFT information by financial agent. The GOVERNMENT is not liable for errors resulting from changes to EFT information made by the LESSOR's financial agent. j. Payment information. The payment or disbursing office shall forward to the LESSOR available payment information that is suitable for transmission as of the date of release of EFT instruction to the Federal Reserve System. The GOVERNMENT may request the LESSOR to designate a desired format and method(s) for delivery of payment information from a List of formats and methods the payment office is capable of executing. However, the GOVERNMENT does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the GOVERNMENT. If the GOVERNMENT makes payment by check in accordance with paragraph (a) of this clause, the GOVERNMENT shall mail the payment information to the remittance address contained in the CCR database. 27. PERFORMANCE OF SERVICES: In the event the LESSOR fails to perform any services after GOVERNMENT provides 30 days written notice with details of such services to be performed, or if LESSOR is not diligently pursuing a cure within 30 days of such notice, to provide any item, or meet any requirement of this Lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. 28. CLAUSES INCORPORATED BY REFERENCE (VARIATION) (JUN 1988): This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517A (Full Text) at hppt: / /w3.gsa.gov /web /p /standcla.nsf/ The following clauses are incorporated by reference: GSAR 552- 203 -73 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (Applicable to Leases over $100,000). FAR 52.209 -6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 1995) (Applicable to Leases over $25,000) FAR 52.219 -9 SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996) (Applicable to Leases Over $500,000) Page 6 of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV, 6/2003) Prescribed by GSA — FPR (41 CRF) 1- 16.601 FAR 52.219 -16 LIQUIDATED DAMAGES — SMALL BUSINESS SUBCONTRACTING PLAN (OCT 1995) (Applicable to Leases over $500,000) FAR 52.222 -26 EQUAL OPPORTUNITY (APR 1984) (Applicable to Leases over $10,000). FAR 52.222 -35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) (Applicable to Leases over $10,000). FAR 52.222 -36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) (Applicable to Leases over $2,500). FAR 52.222 -37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (Applicable to Leases over $10,000). FAR 52.232.23 ASSIGNMENT OF CLAIMS (JAN 1986) GSAR 552.232 -71 PROMPT PAYMENT (APR 1989) FAR 52.233 -1 DISPUTES (OCT 1995) FAR 52.215 -10 PRICE REDUCTION FOR DEFECTIVE COSTS OR PRICING DATA (OCT 1997) (Applicable when cost or pricing data are required for work or services exceeding $500,000). FAR 52.215 -12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applicable when the Clause at FAR 52.215 -10 is applicable). IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR SIGNATURE SIGNATURE NAME OF SIGNER NAME OF SIGNER Phillip Oates City Manager IN PRESENCE OF SIGNATURE SIGNATURE NAME OF SIGNER NAME OF SIGNER Johanna Kinney City Clerk UNITED STATES OF AMERICA SIGNATURE NAME OF SIGNER Leslie B. Decena OFFICIAL TITLE OF SIGNER Real Property Specialist Portfolio Management Branch USCG SILC — Product Line Division. By direction Page 7 of 7 Succeeds Lease No. DTCG89- 91- L -J -DL -058 STANDARD FORM 2 (REV. 6 /2003) Prescribed by GSA— FPR (41 CRF) 1- 16.601 . As a.. •."y sus:,.+ '.1.1. ...... Lt 1fL t•nFICAIE la 34' (We or 1 ) certify that (we or 1) hove o leasehold interest it This t IA: 1 HEREBY CERTIFY THAT WE ARE ME (MIXERS OF THE REAL PROPERTY (o A subdivision as defined 0 (insert recording infoo nation nor 10000 ate ), and OP SUBDIVISION AND OCS 5 HEREON AND THAT WE. AIRED" ADOPT THIS PLAN (we or 1) hereby ihi subdivision. RIGHTS-OF -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL 411. OF SUBDIVISION AND BY OUR FREE CONSEN'1 DEDICATE ALT. y approve ( LI � 'flS gEWARD" I • BLIC A � ,r � �_ _ • TO yfu EASEMENTS UE L A -- - ooI 8. 0 o ick q '�n�v rZb� ''tdichael W McCormick hereto L. McCormick I )"'3 22CD W Skyl n! Orive 7 It- C a g le Rive AK 99 °7 N cuy ar se .4 N GIx OF:: WoI*P tyo es, 0 1 1 1 . 1999 9 911 SUBSCRIBED AND 5W0RNBEFORE ME THIS t o UAY CF �u)' � NOTARY'S AOhNO'M = OGIAFNT _ a s wum a ? Q BOy 16f 2p /O ,PCN PIr4;e �1EItM .. -f "^ Y 'g its )"' 54werd,. AlrOct. - -- 5U8SCRINED AND SWORN BEFORE M[ 1I'IS c- ' DAY OP , 2010 r q"� • ' _ FOR Michael W. McCormick and Norma 1 McCormick MAMAW, +oT` rtroOHnp VC I4I r z rA w11+. MM {iAPSS93N exPIRESAr✓ss I / ': (T A R fvUd 1, OR ALASKA .. 9 0, 0,4 05 - E -gil .- ,Il .+° 7 .Ta N ':—; l r.:, ,. f .= , s•y s 4 '1' 1 1gl,F . ,. % S00•02'35.W ti ... L:rinTi `V' `V' a ©©&11 F @ 2040. 27• NDTFS; . Computed (N00Tdl•43'E 776 81') _ 1) Development or these lots g rag subject to - a o s, • 1 1 THE �. • �� pp }5' Public UUli�EsmL _ the City of Seward's rw n 30 S „ + ' '" 1t..,...6 tuel44 • - 1 w - 7 ...-f [' I _ 2) No permonenl structure shill be 15' etiwewt F( constructed or • _ ' 1 A Bic mem. of B2 Pg ?32 SAD �,5 l ry u ! G 1 casement venial wo ul d in u w l lh y the B s e Utility to use the easement I T.:" r . t ` B 1 o c k % :1 T w o t e! 31 NO Priwle acreu. Stain n ainJ . .' ,t742 e9, rr q, ii Al p s ROW s permitted unless Ia approved intu ba y the M C I 9 ►atW 1 P4bRq " i 3 1 .S N Slate of Alaska Department of $ M. end' LFe4tie; �. Transpo n lot ion. • s yu SasensnT. a . Lo d ' 4'.A —; { _ f� 4)ExcepttOs to KPB 20.180 3:1 lot to PcoS *0- SW'. 96?'28 - g' de pth widt.747'.781,..20.L2.0.180 raHe for 20 Lot 4A-1) and KPB 1 \ 930.A5., _ �i 20.20 200 (Lots - Access to Streets for {(l pN n O .C. a 4, .4. 4 • 44,41.444 1sT) + s I 10 ) r o. L ommlt508 ms tN90f 04400,0 26, 2009 • Q 20 NbTic uoty_ � ,.__ ,. — .,,..: — r , ,ty3B"w Tg - •.•ay ....t 1 r "'" S e t St 401 -./ed .. ... " (((��� [ 0h �. 5))/A4tFMATFR.MLgQFMv Plans For )LI 1 i^ 1 / ksmtmtteisd rt m*C, r , � I •�.'. � waster ortawoke dl 01 n le 0 1 meet rogcl 1, y 1 ,+,J '� v • 50' • U Ea a<ment 1 '� '�� 114, U e N Depment 0 0 4000 41 h co er t o ; ..J c o i S tEr0140Q 348.23. rndated ,ri . � ..w y j we r4.'sk _ ,.+- 1— '— ! .— 00'E 60.02' tsoinmi0 E)_ !s'- : % �,. {i tt t o, a' iwa... n". . � i 53 e `tAY m , 1 ?s Calculated ` t >; i Lot 4A- 2a • � Lot 4 B «+ . 1 ° ,(;;;. '.'. � ) "I 3 7 72 0 S } 1 . "1 e' 5WTU. '.a 2.400 5,8, C' '' 5 - s t Cr . z 6R.Q1' 40' " 60' Lease Pveel " 'Le' .. °e.: ':.: """" 1,.• . . �. Nook tl/ Page U6S .'.1t''. b1St .20 "id(el %rent t oseheeattin 1 / Seward Recording Ost .` ,/7t Vic 7?7 SR01 ' 128'09 _ ( 88 81" V 20*--: • (S00 y!'W 377,40 I 'Sbt117918W' '3T7SD'' . ' . .d . - REOWES rT"0�•BW 00 I \7"" IN CURED/. Si1RME 1rj - ,. 1 1 ' ;a3SSr R.-48.801 , a w v �1 screw I 8 ..10#1 V f�'" sa.aoTN r 9 LEGEND: , , ' , _ f � ua� t � ��W a r Marna Subdivision `, Coast Guard Rep lat 3 1/4" Alum, Monument (record) a L..) ° 44. �tsC 632 (Ptct 2002 SRO) k c g 4h � . - r � ! { _ . f1 A rlplal of Lal 4A Morino auhd - Block 2 Rrylat, Prot No, Il 1 ' 10 S h , c ( 2- 96-20 SRO lc portion of the Federal nee.nd • 5/8" REBAR (set this sweet') ' r 4 y t Ayer \ , q Alaska, E- +f1, ( ( r (9 ' nAt iocole8 within the NWT /4 of Sec, 3, TIS„ RIM, 5 L City of 0 5/8' REBAR (Mune the surrey) 410e � 4v�4. •`, L /4 L'LCb T APPROVAL aarrd, Seem& Recording District, Kenai Peninsula' Borough, ® 5/8" rebcr (record) _.. - • u "Q Y' '- APP's \ -A1 ` 'Cdl toWha A'.671 :/tries ._ _ _.... _ i 0 rise. plastic cap 47328 -0 (found this survey) SURVEYOR'S CERTIFICATE THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH, PLANNING INTEGRITY SURVEYS, INC. 1 hereby certify ;hat: I am DrooeAy registered and Ilcenud COMMISSION AT THE MEETING OF 0.....n2858_ 26, 2(2039 ' 43335 6 -Bench Rd;: Suite 10 Soldokno, AK 99669 P :u E: Public Utility Easement lo preetice lone. surveying in the State el Alaska, this plot Plot 1 96 -28 SRD represent:, u wove, made by me or under my direct suivervis4n, SURVEYORS 0.0.E N.) 162 - er73 PLANNERS, ( ) RECORD DATUM - Marino Subd. - 5leck 2 Repiot the monuments sheen hereon. actually ensl es described, end KENAI PENINSULA BOROUGH '00 -- OM) .262 - 0674 Plot 4 89 -10 SRO o, dimensions and other detols are correct to the normal 118 W 20190 West, 73,54, ' .0,40 .94 010,00rds of practice of land surveyors in the State el Alaska. . - 9 • I ) RECORD DATUM - Marino Subtl, - Block _ 3 . r '��1„ SURVCV[a: arc oe 7vr.[ to "sGLL 4 : ., PEW OIC 3009+6, Pp; 42 114Ah 'I... SO,. Exhibit "A" to Lease HSCG89 -11 -, -0047 5 -Year Annual Rent Adjustment Rental Adjustment: The Annual Rent shall be adjusted every five (5) fiscal year period commencing on the first day of October 2015, 2020, 2025 and 2030. The LESSOR shall provide the GOVERNMENT a Land Value Appraisal Report at least ninety (90) days prior to the start of each five (5) fiscal year period. The appraisal shall call for a value of the land at its highest and best use. The land shall be considered as vacant, unimproved and unencumbered without regard to this Lease or any renewal thereof. The Fair Market Rental Value is based on 8% of the Land Value Conclusion and shall be considered as the Annual Rental adjustment for fiscal year 2015, 2020, 2025 and 2030. For each 5 -year period commencing in fiscal year 2016 the LESSOR shall complete and provide the GOVERNMENT the Land Value Conclusion and the Fair Market Rental Value in the 5 -Year Annual Rent Adjustment spreadsheet shown below in this Exhibit. The LESSOR shall also complete and provide in the spreadsheet the annual and monthly payments associated with each 5 -year period. 5 -Yr Land Value 5 -Year Fair Annual Monthly Fiscal Annual Conclusion (LVC) Rental Value Payments Payments Year Year Term Period (Appraisal) (LVC x 8 %) . _($) . ($) 1 2012 . 10/1/2011 - 9/30/2012 $200,000.00 $16,000.00 16,000.00 4,000.00 2 2013 10/1/2012 9/30/2013 16,000.00 4,000.00 3 2014 10/1/2013 - 9/30/2014 16,000 00 4,000.00 4 2015 10/1/2014 - 9/30/2015 5 2016 10/1/2015 - 9/30/2016 6 2017 10/1/2016 - 9/30/2017 7 2018 10/1/2017 - 9/30/2018 8 2019 10/.1/201.7 - 9/30/2019 9 2020 10/1/2019 - 9/30/2020 10 2021 10/1/2020 - 9/30/2021 T 1 2022 10/1/2021 - 9/30/2022 12 2023 10/1/2022 - 9/30/2023 13 2024 10/1/2023 - 9/30/2024 14 2025 ; 10/2/2024 - 9/30/2025 15 2026 10/1/2025 - 9/30/2026 16 2027 1.0/1/2026. - 9/30/2027..... 17 2028 10/1/2027 - 9/30/2028 2029 10/1/2028 9/30/2029 19 2030 10/1 /2029 - 9/30/2030 20 2031 ]0/1. - 9/30/2031 Page 1 of 1 Exhibit `B" to Lease HSCG89 -11 -1 -0047 _ .. 1 2 3 4 — am' 0 NEW 17 us u 111 . !' 1 . -- •SC - • gm u, t ,:. crolL 4,A7 MANUAL GATE 1 . 1 4.17050,710 i V I.. 40 G ._..— --- Sy ._fix :.«.- :, SS �. '" `. SS .�.. -- f 50 . 1 4 1 1 .. -.. la t�ulou oo N9d : 1 f _ �' o ,� y-- .. - 1 t' ESfISTINO6 1."114�G few - 1 FOUNDATION AND SLAB o '' I j:: . " r :' _ U. S COAST GUARD t: CNN_ ENGINEERNG UNIT tIr,v:w , * JUNEAU 1tKVeIN `j s f /�/ '� i - N6WFlI r.41NE 5 ... �... ` _. y� . f .. SLAR 0, ����� .. - G m an, MANN - m . 1 , � .P 01 amnia. . s cn RR �- f - :.. . •... (� II t HEMS CHAIN /Mk . USCG. LElI JUNEAU 9tNW1aG iSjCHS'— - +' 'A � ; f -p 1 �Lt.E BEGINlRY FE 700 WEN 9111 SHEET. 80001 017 411RENJ. AMA NM 14 1 3G 1,1120 ) 1 . I. . , 1 NEW7d3G18 11EVIWLVDSCREt9f NEW 1 . . \ Ow savicATED ne t 41 I NJ 1 Lott j f 1 iat -3 man now rear evekei SOW* MAMA A \ / NEW SITE MAN NEW MOORINGS BUILDING SITE PLAN S *VIM'COM U909 Scale: 1 = 10' -0" 2 ."^'l`.,_ --.....r Exhibit "C" to Lease HSCG89 -11 -1 -0047 0 5 10 25' 5o' o 1z S-37ee ] 1 2 1 3 1 : 4 _ 0-2 ow 's, o . 7 SEWARD SMALL BOAT HARBOR - ; WINN sup Tecie rag 81* .. O.l 0 i nor . _ 1.----. ❑ USCG Site , ' - , . ' 130/ . ar.lc R' • IC"' 131103:— e rwra�a *ED _ r 001:1C w �is N o1B o at a mitts A VII- \ o 1111 11 111 19 / o a o `.. . 40.111011• ■1•111M tili ' � � � ��� JOIE =mow Er �� .■� UMW ••■••■ IMMINMEMM laill 00�. a� MEM - 1 21' ?3' -Zr _ . A mown! Tr �� 11657NOOIL4 7 M ....r ""�∎ '�.r"." �� mom //�� � // 32' Sr nwwi 90 ..�� UV 324132' B "" "" "NNO■ MOO �— - 0 OW Old milm■■•• 7V" "� arP.o' � = USCG "�'� _ =.. .� 147' N °. MI amig SMINIIMI Imo IMP mom °x'... w 1 � E r / wsMaR mpg - �( � ,.1:;111 - 0:•7: t = 0 4....... � . d�A 4.aw. MN ir ti <., DOE A( � w MUM . P : sous 44 � �aa1T ••�+ M� New , ago If TOWS X A. �. , Ni _ USCG , ,,,,, 1 WO S ite eG .0 wt d , 4 N .. ‘rAhih. i i' a. r *Gw. L.ww. 3 `' New USCG" .a zfl rL 2 C \°` Exhibit "D" to Lease HSCG89 -11 -1 -0047 'I I . AGREEMENT (under Lease HSCG89 -11 -1 -0047) between CITY OF SEWARD, ALASKA and UNITED STATES OF. AMERICA by and through the UNITED STATES COAST GUARD Exhibit "E" to Lease HSCG89 -11 -1 -0047 TABLE OF CONTENTS ARTICLE 1 - LEASED LAND 1 1.1 Description of Leased Land. 1 1.2 Covenant of Quiet Enjoyment 1 1.3 Reserved 2 1.4 Property Accepted "As -is" 2 1.5 Permits 2 1.6 Platting 2 ARTICLE 2 - RESERVED 3 ARTICLE 3 - USE OF LEASED LAND 3 3.1 Use of Leased Land 3 3.2 Obligations of LESSEE 3 3.3 No Preferential Rights to Use Public Facilities 4 3.4 Adequacy of Public Facilities 4 3.5 Tariffs and Other Service Fees 4 3.6 Time for Payment of Utilities 4 ARTICLE 4 - UTILITIES AND RIGHTS OF ACCESS 4 4.1 Utilities. 4 4.2 Easements 5 ARTICLE 5 - CONSTRUCTION BY LESSEE 4 5.1 Improvements on Leased Land 5 5.2 City Review of Constratction 6 ARTICLE 6 - RETURN OF LEASED LAND /SITE 7 6.1 Return of Leased Land in Original Condition 7 6.2 Return of Leased Land in Different Condition 7 ARTICLE 7 - FORCE MAJEURE 7 ARTICLE 8 - LESSEE'S ACTS OF DEFAULT 7 ARTICLE 9 - REMEDIES FOR DEFAULT BY LESSEE 8 ARTICLE 10 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 9 10.1 Real Property Improvements 9 10.2 Personal Property 9 ARTICLE 11 - CITY'S DUTY TO DEFEND /INDEMNIFY 9 ARTICLE 12 - CONDEMNATION 9 ARTICLE 13 - MAINTENANCE AND REPAIRS 10 13.1 Normal Maintenance 10 13.2 Safety Issues 10 13.3 Cost of Repairs 11 ARTICLE 14 - ENVIRONMENTAL CONCERNS 11 14.1 Hazardous Materials 11 14.2 Permits and Reporting 14 E -ii ARTICLE 15 - CONDITIONS AND COVENANTS 14 ARTICLE 16 - NO WAIVER OF BREACH 14 ARTICLE 17 GOVERNING LAW 15 ARTICLE 18 NOTICES 15 ARTICLE 19 - FIRE PROTECTION 15 EXHIBIT A - SITE MAP (PLAT 2010 -9) IN LEASE USCG89 -11 -1 -0047 EXHIBIT C - SITE PLAN IN LEASE HSCG89 -11 -1 -0047 E -iii. AGREEMENT THIS AGREEMENT (hereby, under LEASE HSCG89 -11 -1 -0047 is made by and between the CITY OF SEWARD (the "CITY "), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and THE UNITED STATES OF AMERICA, acting by and through the United States Coast Guard, Commanding Officer, Shore Infrastructure Logistics Center, Product Line Division, Portfolio Management Branch, 1301, Clay Street, Suite 700N, Oakland, CA 94612 -5203, (the "LESSEE "). WHEREAS, the Seward Planning & Zoning commission has approved disposal by lease of uplands owned by the City in the Seward Small Boat Harbor; and WHEREAS, LESSEE desires to lease land from the CITY for its Cutter Support Facility; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of the LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE'S operations on the Leased Land during the lease term; and NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1- LEASED LAND 1.1 Description of Leased Land. The Leased Land is described as follows: Lot 4A -2, Block 2, Marina Subdivision, Plat No. 2010 -9 recorded in the Seward Recording District, Third Judicial District, State of Alaska, containing approximately 27,720 square feet, more or less (the "Leased Land "). The Leased Land is also depicted on Exhibit A of the LEASE, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment. Subject to the encumbrances as of the date hereof, any reasonable restrictions imposed on the Leased Land as part of recording of plat by CITY, and the provisions of the LEASE, CITY hereby covenants and warrants that it is unaware of E -1 any prior conflicting use of the Leased Land that would adversely affect LESSEE'S intended use of the subject parcel. 1.3 Reserved. 1.4 Property Accepted "As -is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as -is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents ofCITY, as to the actual physical condition or characteristics thereof and the legal description or depiction ofthe Leased Land in Article 1.1 or Exhibit A of the LEASE. 1.5 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents, petitions, applications and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re- zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of the LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Anny Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right -of- way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.6 Platting. In the event CITY elects to replat, CITY agrees to include the Leased Land in such replat in accordance with reasonable requests by LESSEE. If LESSEE requests a replat of the Leased Land prior to that time, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing ofthe replat. LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept other reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY -owned real property adjacent to the Leased Land. E -2 1 ARTICLE 2 - RESERVED ARTICLE 3 - USE OF LEASED LAND 3.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE for a Cutter Support Facility, and uses necessary and incidental thereto, has been determined by the City Council to be in the public interest. No vessel repair or maintenance activities will be conducted on the Leased Land unless the LESSEE first provides CITY with copies of all permits required by state and federal laws including but not limited to storm water discharge and other environmental permits. 3.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition upon termination of this Lease that is, the condition existing prior to any operations by LESSEE under this or any prior agreement, or in better condition. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 14 of this AGREEMENT. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall use the Leased Land only for the uses described in Section 3.1. A Cutter Support Facility shall be constructed and operated by LESSEE on the Leased Land Commencing July 15, 2011. e) A site plan, attached as Exhibit C of the Lease, has been submitted and approved by the CITY. Any changes to this site require CITY approval, through the City Manager, prior to additional construction. LESSEE's failure to obtain CITY approval of any changes to the site development plan or LESSEE'S failure to install the improvements according to the site development plan shall be a LESSEE Act of Default under the LEASE. CITY shall pay for installation of all utilities in accordance with Article 4 of this AGREEMENT. f) LESSEE shall not allow any camping or overnight lodging on the leased property. CITY shall allow LESSEE duty personnel overnight on Leased Land. E -3 g) LESSEE shall, at all tunes, maintain its use and operations within the boundaries of the Leased Land including vehicles, trailers, and other equipment. LESSEE shall not disturb the survey markers visible at all four comers of the Leased Land during construction of the fence. There is no parking allowed outside the boundaries of the Leased Land other than paid permit parking in designated areas. 3.3 No Preferential Rights to Use Public Facilities. Except as provided in Article 3.3, this AGREEMENT does not grant to LESSEE any exclusive rights to use any public port facilities. LESSEE will be subject to any tariffs, procedures, rules and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 3.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 3.5 Tariffs and Other Service Fees. CITY shall have the right to snake amendments to its tariffs, regulations and scheduled fees from time to time even if those adjustments shall cost LESSEE more for its operations or use ofpublic facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 3.6 Time for Payment of Utilities. LESSEE will pay for utilities related to operations on the Leased Land and LESSEE's interest in the LEASE and improvements thereon, if any, before such obligations become delinquent; provided, that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. ARTICLE 4 - UTILITIES AND RIGHTS OF ACCESS 4.1 Utilities. CITY, at CITY's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. LESSEE agrees to cooperate and assist the CITY, through consultation and review, in CITY's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the CITY within the public right -of -ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, E -4 this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and equipment costs to complete the installation. The costs ofoversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent ofthe parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 4.2 Easements. In order to provide for the orderly development ofthe Leased Land and adjacent lands, it may be necessary, desirable or required that street, railroad, water, sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions ofthe Leased Land. The occupant of Lot 2 and 3, Block 2 Marina Subdivision is entitled to access the Leased Land at reasonable times to maintain, repair, and replace its outfall line. Access to the outfall line shall be coordinated in advance with LESSEE. As additional consideration for the LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE'S operations, The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense ofthe party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 5 - CONSTRUCTION BY LESSEE 5.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build and /or replace buildings and other improvements on the Leased Land, subject to the following conditions: E -5 L4 0 a) The cost of any construction, reconstruction, demolition, or of any changes, alterations or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans (based on a recent survey) for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights -of -ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as -built survey depicting the improvements as completed on the Leased Land. LESSEE acknowledges that any fence crossing or within a utility easement is subject to removal if needed for access to maintain, repair, or replace utilities. Coordination for removal of the fence by the LESSEE is required. LESSEE bears all risk of loss, replacement or damages to its fence. e) LESSEE acknowledges that the Leased Land may be in a coastal high hazard area, and that construction in this area may be limited or restricted. CITY may, as contemplated by AIaska Statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state and local statutes and regulations with respect to such construction, including but not limited to all applicable building, mechanical, and fire codes. No permanent construction is allowed in any easement. 5.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Article 5.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE'S plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, E-6 easements, rights -of -way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 6 - RETURN OF LEASED LAND /SITE 6.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 10.1 herein, upon termination or expiration ofthe LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement of the LEASE, including removal of all structures, foundations and other improvements, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use ofthe Leased Land during the LEASE term. 6.2 Return of Leased Land in Different Condition. Notwithstanding the provisions ofArticle 6.1 above, upon termination or expiration ofthe LEASE for any reason LESSEE may return the Leased Land in a re- contoured or graded clean, safe, and stable condition different from its original condition provided CITY grants written approval of LESSEE's plans for development ofthe Leased Land contours, including its plans for material extraction and final grade. ARTICLE 7 - FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under the LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 8 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a "LESSEE Act of Default" under the LEASE and the terms "acts of default" and "default" shall mean, whenever they are used in the LEASE, any one or more of the following events: 8.1 Failure by LESSEE to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under the LEASE for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of E -7 4 4 a default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 8.2 LESSEE's failure to comply with any laws or regulations ofthe United States, or ofthe State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State ofAlaska or ofthe United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty (60) days after written notice specifying such non - compliance has been given by the agency charged with the enforcement of such laws, regulations or permits to LESSEE; provided, however, if such non - compliance be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the LESSEE is in compliance. Furthermore, if LESSEE shall contest such alleged non - compliance through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption or threat to the activities of any person or entity other than those of LESSEE. 8.3 Failure of LESSEE to maintain its operations within the Leased. Land or to keep the public rights of way clear. 8.4 Failure to promptly pay when due any utility or other charges by the City of Seward and associated with the Seward Harbor; or 8.5 Reserved. 8.6 Use of the Leased Land, or any portion of the Leased Land, for camping or overnight lodging. CITY shall allow LESSEE duty personnel overnight on Leased Land. ARTICLE 9 - REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law or otherwise: 9.1 CITY may: a) Declare the LEASE terminated; E -8 b) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove such improvements. 9.2 No expiration or termination of the LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in the LEASE. 9.3 No delay or omission to exercise any right or power accruing following an act of default shall , impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 10 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 10.1 Real Property Improvements. All improvements constructed by LESSEE on the Leased Land are properties of the LESSEE and may be removed or disposed of at LESSEE's expense. They may be abandoned in place upon written approval by the CITY. 10.2 Personal Property. Upon termination or expiration of the LEASE for any reason other than default by LESSEE, LESSEE may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 11 - CITY'S DUTY TO DEFEND/INDEMNIFY Subject to appropriation, CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 12 - CONDEMNATION !fall or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE may each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to their respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. E -9 L\L\ If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part ofthe Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and the LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of the LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will riot prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement ofthe rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 13 - MAINTENANCE AND REPAIRS 13.1 Normal Maintenance. During the entire term of the LEASE and every extension hereof if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non - abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling or contouring the Leased Land. Any such work perforrned by CITY shall be at CITY's sole expense and risk. LES SEE shall maintain in first class condition at all times all fire, pollution and other protective equipment, if any are placed on Leased Land. During the tern of the LEASE, CITY shall maintain and repair all utility service lines constructed by the CITY or utility company within the Leased Land. The personnel gate at the northeast corner is provided for utility access. The LESSEE shall install the padlock to the gate and provide the CITY with two keys. The CITY shall supply one key to the meter reader and one key to the electric department office. The LESSEE shall keep the gate clear of snow and other obstructions. 13.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public E -10 y �` interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because ofthe delays therein or the scope ofthe repairs, then CITY may engage an independent engineering consultant well - versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost ofthe report and perform such work in accordance therewith at LESSEE'S cost, risk and expense. 13.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision ofthe arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards. CITY shall construct such improvements at CITY's own cost. Should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY Tor such work at the option of CITY. ARTICLE 14 - ENVIRONMENTAL CONCERNS 14.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the Leased Land in "as is" condition. LESSEE may elect, at LESSEE'S sole cost, to conduct a baseline soils test prior to execution of the LEASE. b) Release of CITY. Any other provision of the LEASE to the contrarynotwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising, during and after the term ofthe LEASE, and resulting from the use, keeping, storage or disposal of Hazardous Material on the Leased Land by LESSEE, or arising E -11 LA out of or resulting from LESSEE'S operations at the Leased Land except for those claims arising out of CITY'S sole negligence or intentional misconduct. This release includes, without 'limitation, any and all costs incurred due to any investigation ofthe Leased Land or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or anybody ofwater, if such material (as reasonably determined by the City, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use or enjoyment ofthe Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal ofHazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. LESSEE shall defend, indemnify and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, attorney, consultant and expert fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: E -12 LI i) The presence, disposal, release or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached or government order relating to such Hazardous Material or any use of the Leased Land; and /or iv) Any violation of any laws applicable thereto; provided, however, that this Section 14.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (1) occur during the term of the LEASE; and (2) arise in whole or in part from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants or any other persons. The provisions ofthis subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of the LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in the LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste hazardous waste, extremely hazardous waste or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of the LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. g} Environmental LawDefined. As used in the LEASE, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as maybe amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the E -13 L\ generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 14.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain allperniits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under the LEASE. LESSEE shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the teams of any permit or Environmental Law, or contrary to the LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately provide CITY with copies of all correspondence and notice, including copies, of all reports between LESSEE and any state, federal or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 15 - CONDITIONS AND COVENANTS All the provisions ofthe LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 16 - NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant or condition of the LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter the LEASE, but each and every term, covenant and condition ofthe LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. E-14 ARTICLE 17 - GOVERNING LAW The LEASE shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. The terms of the LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of the LEASE, and as they may be hereafter amended, including without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 18 - NOTICES All notices, demands or requests from one party to another shall be delivered in person or be sent by first class mail, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: United States Coast Guard Commanding Officer, Shore Infrastructure Logistics Center Product Line Division Portfolio Management Branch 1301 Clay Street, Suite 700N Oakland, CA 94612 -5203 Each party shall have the right, from time to time, to designate a different address by notice given in conformity with this Article. ARTICLE 19 - FIRE PROTECTION LESSEE shall at its sole cost, risk and expense provide fire protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Seward's ISO rating is not degraded by reason of LESSEE'S E -15 SD operation. The parties agree that with the rapid expansion of technology in the field offireprevention and control LESSEE'S obligations hereunder may vary during the term ofthe LEASE. A minimum of three (3) feet of unobstructed space must remain found around all fire hydrants to maintain access. IN WITNESS WHEREOF, the parties hereto have executed this Lease the dates herein set forth. CITY: LESSEE: CITY OF SEWARD UNITED STATES OF AMERICA Acting by and through the UNITED STATES COAST GUARD GC(A Phillip Oates By: Leslie B. Decena City Manager Its: Real Property Specialist Date: Portfolio Management Branch USCG SILC - Product Line Division By Direction ATTEST: Johanna Kinney, CMC City Clerk ±ivy mipAyM Anse tgant * noieaim:rtea s m tithl 3iidoti TOO is owe; sksmafA 44 4. LIDS 21 tfti eyii x3 iftnt04 E -16 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Phillip Oates, known to me and to me known to be the City Manager for the City of Seward, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: State of California County of Alameda On 6 3/ t av before me, LINDA M. ICRATOCHVIL, NOTARY PUBLIC personally app LESLIE B. DECENA who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. fN1DA M. K ATQCHVIL emission / 111,16751 Sign; I (Seal) Notary Patin - California Alameda County Comm. Fib 2018 E -17 Sponsored by: Shafer CITY OF SEWARD, ALASKA RESOLUTION 2011 -036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SURVEILLANCE CAMERA POLICY WHEREAS, the City of Seward has used surveillance cameras since 2004; and WHEREAS, the City of Seward did not develop or approve a surveillance camera policy until 2010 by Resolution 2010 -028; and WHEREAS, the State of Alaska has a strong right to privacy guaranteed by the State Constitution; and WHEREAS, due to public concern, the surveillance policy was revised to offer citizens additional protections from unnecessary surveillance by Resolution 2011 -009; and WHEREAS, both the City Manager and the Chief of Police stated surveillance cameras would not be located on Fourth Avenue after the public, businesses and citizens expressed concerns regarding the invasion of privacy from continual monitoring by cameras; and WHEREAS, it is in the best interests of the City of Seward to maintain its credibility with the public and so the City Council wishes to amend the Surveillance Camera Policy as listed in the sections below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward Surveillance Camera Policy to herby amended as attached to this resolution and as follows (Strikeout = delete; Bold italics = add): XI LOCATION OF CAMERAS A. City Council approval is required of all surveillance cameras locations by resolution in City of Seward from Alaska Homeland Security. No cameras will be allowed on 4th Avenue south of the boat launch ramp in the Small Boat Harbor. If camera surveillance of the Seward Fire Department Building is required, the camera shall be placed inside the facility to protect fire equipment from unknown danger. Any potential placement of surveillance cameras on any pedestrian /public areas must have final approval by the City Council of the City of Seward by resolution. Any exception to this requirement for a covert surveillance camera requires the approval of the City Manager and the City Council will be notified as soon as an arrest has been made. Exceptions could also occur as directed by court order. CITY OF SEWARD, ALASKA RESOLUTION 2011 -036 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 13 day of June, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement ''4ov SFit. Meeting Date: June 13, 2011 e = „�"o Through: City Council From: Johanna Kinney, City Clerk �J Agenda Item: Amending the Surveillance era Policy BACKGROUND & JUSTIFICATION: Council adopted the Surveillance Camera Policy in 2010 by Resolution 2010 -028 and revised it in 2011 by Resolution 2011 -009 to address citizen concerns. It is Councilmember Shafer's intent to revise the policy to address further concerns of privacy. The latest amended policy includes council approval by resolution of all camera locations within the City, as well as specific language to refrain from putting a camera on the Fire Department Building, except if placed inside the building. This amending resolution also addresses council restricts cameras on Fourth Avenue south of the boat launch ramp in the Small Boat Harbor and requires approval of any potential placement of pedestrian/public areas. This proposed amended policy is attached and Council approval is requested by Councilmember Shafer. 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. INTENT: This resolution requests that Council approve the amended Surveillance Camera Policy. ATTORNEY REVIEW: In 2009, the City passed Resolution 2009 -051 accepting a $350,000 pass - through grant from the State of Alaska Division of Homeland Security & Emergency Management ( "DHS &EM ") Alaska Homeland Security Grant Program 2008 (the "Grant ") to expand and update its infrastructure security cameras. The Grant monies originated from the federal Department of Homeland Security ( "DHS "). The City applied for the Grant in response to a Security Vulnerability Assessment ( "SVA ") that demonstrated a need to expand and upgrade the City's existing infrastructure security system. The SVA identifies critical infrastructure belonging to the City which may be vulnerable to attack. Access to the SVA is limited to only those who have a need to know, with the appropriate security clearance. The SVA is not a public document. The City used the Grant to purchase surveillance cameras for those areas of critical infrastructure identified in the SVA as vulnerable and in need of additional security and surveillance. The City adopted Resolutions 2010 -028 and 2011 -009, adopting and amending the Surveillance Camera Policy. The Policy covers cameras purchased with Grant funds as well as other ss surveillance cameras throughout the City. The City's police department verified that cameras have been effective in deterring crime and vandalism and aiding in investigations. The Policy requires City Council approval of camera locations "in areas other than the critical infrastructure identified in the latest vulnerability assessment for the City of Seward from Alaska Homeland Security." Resolution 2011 -036 would, among other things, delete this reference to the SVA and make the location of all cameras subject to council approval by resolution, except covert surveillance for criminal investigation purposes. The proposed change also would prohibit cameras on much of 4 Avenue, and would require council approval for any camera covering "any pedestrian/public area." (The City is constitutionally prohibited from maintaining security cameras in locations that would violate individual privacy rights. Chief Clemons confirmed that all cameras are placed in locations where no privacy rights are violated.) The proposed amendment may place the City at risk of violating the Grant terms and programmatic requirements by limiting placement of cameras purchased with Grant funds. A representative of DHS&EM advised the City that, if the cameras are not used to protect the critical infrastructure identified in the SVA, the City will have to repay the Grant. "PCII" is protected critical infrastructure information. PCII is not public information and sharing of PCII is governed by the Critical Infrastructure Information Act of 2002 and related regulations. In terms of disclosing or sharing PCII with the general public, only advisories, alerts, and warnings regarding potential threats and vulnerability to critical infrastructure as appropriate and pursuant to the CII Act may be disclosed and only after authorization from the Secretary, Under Secretary for Preparedness, Asst. Secretary for Cyber Security and Telecommunications, or Asst. Secretary for Infrastructure Protection. Limited exceptions to this authorization include when "exigent circumstances" exist or for law enforcement purposes. The City's vulnerability assessment has been deemed PCII. Recently, the City received the following notice from the DHS &EM that the vulnerability assessment is exempt from public review and contains Homeland Security Sensitive information. The following disclosure was attached to the notice: DISTRIBUTION: By the authority of the PCII Program Manager, this information may only be shared with government personnel and their contractors provided that the individuals seeking access to the information are currently performing homeland security duties and have a need -to -know. All recipients must handle and safeguard this information according to 6 U.S.C. §§ 131 et seq. - Protection of Critical Infrastructure Information. Data on this system contains PCII. In accordance with the provisions of the Critical Infrastructure Act of 2002, 6 U.S.C. 131 et seq., it is exempt from release under the Freedom of Information Act (5 U.S.C. 552) and similar State and local disclosure laws. Unauthorized release may result in criminal and administrative penalties. It is to be safeguarded and disseminated in accordance with the Critical Infrastructure Information Act of 2002, 6 U.S.C. §§ 31 et seq., the implementing Regulation at 6 C.F.R. Part 29 and PCII Program requirements. The Grant allowed the City to purchase and install surveillance cameras at the critical infrastructure locations identified in the SVA. The proposed amendment would require public approval and disclosure of all surveillance cameras locations as well as placement of signage sb identifying that a camera is recording at a surveillance location. This may violate the CII Act of 2002 because divulging the location of a surveillance camera will result in the unauthorized disclosure of vulnerable CI locations, which is PCII. Such disclosure will place the City at risk of violating federal law, as well as State law (Alaska Public Records Act) and the Seward Code (Section 2.05.030(c)). Penalties for the unauthorized disclosure of PCII include criminal and civil penalties, including imprisonment. FISCAL NOTE: The City runs the risk of losing $350,000 in federal grant funds if it fails to abide by all of the "critical infrastructure" provisions of the grant agreement with the Department of Homeland Security. This would require the City to not only repay the grant to the federal government, but this would invalidate the City's eligibility for future Homeland Security grants. In the case of the relocation of a particular camera to another location meeting the Homeland Security requirements, the estimated costs of relocation is approximately $5,000. Approved by Finance Department: RECOMMENDATION: Council member Shafer recommends approval of Resolution 2011 -036, amending the City Surveillance Camera Policy. City of Seward Surveillance Cameras Policy 1. PURPOSE The placement of surveillance cameras in the City of Seward area will contribute to public safety for residents and visitors by employing a system that incorporates modern technology for video monitoring, storage, and retrieval. This system will improve the Department's awareness of public safety emergencies, help prevent and detect criminal activities, and support the apprehension and prosecution of those responsible for unlawful activities. This "smart- policing" technology, combined with the confidence and trust of our residents, can help to improve public safety. All cameras will have signage that indicate { Formatted: Font: Not Bold, Not Italic, No surveillance operations. underline This policy establishes rules for employing and using the surveillance system, achieving program goals, and protecting the rights all citizens have for privacy. All public surveillance cameras will be noticed. II. DESIGN SPECIFICATIONS A. The video surveillance system used by the City of Seward Police Department will utilize multiple fixed and adjustable cameras focused on predetermined areas in public places. Cameras shall be situated in a manner and location that will maximize the field of view of public areas to protect infrastructure and improve public safety. Camera placement will minimize the potential and inadvertent capture of images _.. - - - -- -------.._.._.._.. - - - - -- from areas where a reasonable expectation of privacy exists,. Property owners will be notified when Formatted: Font: Not Bold, Not Italic, No cameras inadvertently overlap into their property. s underline B. In any location where the view of any camera may compromise a citizen's privacy expectation the Chief of Police or \designated staff, shall review the camera's location to relocate the unit or employ window - blanking technology to eliminate the potential for video intrusion. All findings will be reported in writing to the City Manager. C. The system shall be equipped with Pan, Tilt, and Zoom (PTZ) cameras that allow operators to manipulate the framing or focal length of a video image only for the specific purpose of monitoring suspicious persons or activities or as the result of a Call- For - Service (CFS). D. The City of Seward MIS Department in coordination with the Police Department will have authority to install, service, and maintain the surveillance camera system. I11. RACIAL PROFILING /NONDISCRIMINATION No operator shall select any person for observation in view of the surveillance camera system based solely on their race, ethnicity, or sex. The surveillance camera system shall only be used for purposes directly related to public safety, infrastructure protection, or authorized internal or criminal investigations. The surveillance camera system shall not be used to track individuals arbitrarily, or based on race, gender, ethnicity, sexual orientation, disability or other classifications protected by law. — Page 1 of 3 — Approved by Resolution 2011. 03( (4} 13, 2011 Operators shall make specific observations of individuals based only on articulable reasonable suspicion that the person may be or may have been involved in criminal activity, or as the result of a Call -For- Service to law enforcement for criminal activity in the area of the camera's viewing parameters. IV. STORAGE /RETRIEVAL OF IMAGES Video images captured by the surveillance system will be automatically recorded over after 31 days unless the Department or other law enforcement agency submits a request to review the captured images for a legitimate criminal investigation. Access will be limited to those individuals described in Section VI below. V. IDENTIFYING MONITORED ZONES The City of Seward surveillance camera system shall be equipped with capabilities that provide an audit trail of system use and user access. The Chief of Police and designated staff will investigate complaints of improper use of the system. All findings will be reported in writing to the City Manager,. Random audits I Formatted: Font: Not Bold, Not Italic, No will occur at least two times annually. underline VI. USER ACCESS Authorized users will be limited to those law enforcement employees with a specific, ongoing need to access the system for the purpose of crime prevention and the detection, identification, or apprehension of individuals as a result of a safety emergency response or authorized criminal investigation. All users require the approval of the Chief of Police or the Acting Chief of Police. All persons designated as authorized system users shall receive training and a unique user identification in order to access the system. Images stored on servers shall only be accessed and retrieved by authorized system users, after approval of the Chief of Police, in response to public safety emergencies, authorized internal or criminal investigations, or legally requested copies under of the Public Information Act. The Police Department will charge a $30 fee for legally requested copies of surveillance camera footage. VII. UNUSED VIDEO DATA Video data that is not retained for evidentiary purposes, public safety reasons, or as a result of a court order will not be reproduced, distributed, provided, or shown to other persons without approval of the City Manager. IX. VIDEO DATA AS EVIDENCE Video data retained for evidentiary purposes shall only be reproduced for the purpose of case filing and pre -trial discovery with the approval of the District Attorney. All copies will be accounted for in the Department's Evidence storage system. The City of Seward surveillance camera system will be randomly audited, to ensure that the system is being used appropriately. — Page 2 of 3 Approved by Resolution 2011-036 009 cm—.1 ab`rar}v:... type, 1 , 2011 1 X. PAN, TILT & ZOOM (PTZ) CAMERA USAGE A. All active observation operations employing PTZ cameras shall be done as the result of specific articulable probable cause. B. PTZ camera operators are responsible for protecting the public's right to privacy. C. PTZ camera operators are forbidden from looking at non - public areas and areas in which there is a reasonable expectation of privacy. D. PTZ camera operations will be audited for misuse violations. E. PTZ camera images and operators are subject to the all the items in this policy. XI LOCATION OF CAMERAS City Council approval is required of all surveillance cameras locations hy. rest l tt oji n areas- etheF-tahan 1, Formatted: Strikethrough ^ l k Homeland Sec••Fit No cameras will be allowed on 4th Avenue south of the boat launch rtrrip in -Sm allBoat 1larbor, of the Seward Fire Department l3uildang is required. the camera shall be placed inside the facility to protect fire equipment from unknown danger. ..___ Any potential .,. placement of surveillance cameras onany pedestrianublic areas must have final approval by the City Council of the City of Seward by resolution. Any exception to this requirement for a covert surveillance camera requires the approval of the City Manager and the City Council will be notified as soon as an arrest has been made. Exceptions could also occur as directed by court order. XII. POLICY VIOLATIONS Unauthorized access to the City of Seward surveillance camera system, misuse of the camera system, unauthorized reproduction of surveillance camera images, or unauthorized distribution of camera images by city employees will result in immediate suspension pending an investigation to determine the appropriate disciplinary action. This disciplinary action includes the possibility of termination from employment. — Page 3 of 3 — Approved by Resolution 2011- 036004 G +1i•l;:e1?4 - 1401 Jun I 3, 201 1 (V Sponsored by: PACAB CITY OF SEWARD, ALASKA RESOLUTION 2011 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE PORT AND COMMERCE ADVISORY BOARD (PACAB) PRIORITIES FROM MAY 2011 TO APRIL 2012 WHEREAS, PACAB's responsibilities are listed in SCC§ 2.30.325 Powers and Duties; and WHEREAS, Council and PACAB held a April 5, 2011 joint work session to review and update the current Priorities List; and WHEREAS, at the April 6, 2011 meeting PACAB discussed and reviewed their Priorities List. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The following list of priorities hereby be adopted for May 2011 to April 2012; PACAB PRIORITIES 1) Update SMIC Development Plan and actively participate in SMIC Basin Development initiatives 2) Prioritize 2012 Federal and State Priorities for Port & Commerce Initiatives 3) Review 2012 -2013 Operating Budget, Capital Project Requests and input priorities for council consideration. 4) Review insurance requirements for contractors at SMIC and research requirements from other boat yards in Alaska 5) Review and make recommendations for the design for slips off of Z float 6) Identify businesses which are needed in Seward and should be recruited, and review SWAT team analysis 7) Implement a monthly economic development lunch with speakers 8) Investigate new financing mechanisms to attract and retain businesses to Seward 9) Review parcels available for lease and mechanisms for transient merchants to do business in Seward 10) Review the Small Boat Harbor development plan Section 2. This resolution shall take effect immediately upon its adoption. WO Council Agenda Statement Meeting Date: June 13, 2011 of sett. Through: Phillip Oates, City Manager ,,' 2 - . �- From: Seward Port & Commerce Advisory Board gt:astrp Agenda Item: Resolution approving the Port & Commerce Advisory Board's Priorities from May 2011 to May 2012 BACKGROUND & JUSTIFICATION: Annually the Port and Commerce Advisory Board (PACAB) establishes their priorities. The Board reviewed these priorities during a joint work session with the City Council on April 5, 2011. During PACAB's regular meeting on May 18, 2011 the Board approved and updated the priorities listed below: PACAB 2011 -2012 PRIORITIES: 1) Update SMIC Development Plan and actively participate in SMIC Basin Development initiatives 2) Prioritize 2012 Federal and State Priorities for Port & Commerce Initiatives 3) Review 2012 -2013 Operating Budget, Capital Project Requests and input priorities for council consideration. 4) Review insurance requirements for contractors at SMIC and research requirements from other boat yards in Alaska 5) Review and make recommendations for the design for slips off of Z float 6) Identify businesses which are needed in Seward and should be recruited, and review SWAT team analysis 7) Implement a monthly economic development lunch with speakers 8) Investigate new financing mechanisms to attract and retain businesses to Seward 9) Review parcels available for lease and mechanisms for transient merchants to do business in Seward 10) Review the Small Boat Harbor development plan INTENT: Council approval of Port & Commerce Advisory Board's Priorities from May 2011 to May 2012. FISCAL NOTE: PACAB's annual operating budget is $3,450.00 not including personnel expenses for administrative liaison support. Approved by Finance Department: Je,e,,u, ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council supports Resolution 2011- 6.4 /approvin the Port & Commerce Advisory Board's priorities from May 2011 to May 2012. L Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO RECLASSIFY THE UTILITY OFFICE ASSISTANT FROM A RANGE 6 -8 TO A RANGE 11 -13 AND CHANGE THE TITLE TO ELECTRIC EXECUTIVE ASSISTANT WHEREAS, there is an ever increasing need for a wide variety of complex administrative, clerical and fiscal assistance to the Electric Department, the current demands consume a considerable amount of the Utility Manager's daily schedule. The position of Executive Assistant will assume the current administrative work load of the Office Assistant and will be required to provide advanced technical support to the manager; and WHEREAS, the electric department has an aging infrastructure. The Executive Assistant will be required to use GIS and AutoCAD to convert historical documents and create usable digital data bases that will not only be advantageous for the department, but for the City as a whole; and WHEREAS, the Executive Assistant will focus efforts in the area of grant- seeking and technical writing for capital projects, and to help guide projects through to completion; and WHEREAS, the Executive Assistant will be required to provide technical writing to include the majority of the electric department's resolutions and agenda statements for City Council; providing a variety of regulatory reporting; including Environmental Protection Agency, Energy Information Administration, federal and state reporting to include air quality reports and various power energy reporting; allowing the Electric Utility Manager to focus on critical electrical issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to reclassify the Utility Office Assistant position from a (range 6 -8), and change the title to the Electric Executive Assistant (range 11 -13). Section 2. This resolution shall take effect immediately upon its adoption, per SCC §3.15.100(c). PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13 day of June, 2011. Council Agenda Statement Meeting Date: June 13, 2011 a of sE 9c, Through: Phillip Oates, City Manage/ u % o C .w From: John Foutz, Electric Utility Manager gCASv•P Agenda Item: Reclassifying the Utility Office Assistant Position in the Electric Department to an Electric Executive Assistant Position BACKGROUND & JUSTIFICATION: In 2004, the Contract Administrator retired from the electric department leaving one administrative position in the department, the position of Utility Office Assistant. Since then one other administrative position has helped as time allows with administrative duties of the Electric Department, the Engineering Executive Assistant. In 2007 there was a reorganization of the Engineering Department; the Engineering Executive Assistant became the Contract Administrator working under the Community Development Director. The Electric Department has an aging infrastructure and an ever increasing need for a wide variety of complex administrative, clerical and fiscal assistance for the Electric Department. The creation of the Electric Executive Assistant position with the following duties will greatly reduce the administrative demands currently required of the Electric Utility Manager, as follows; • will be required to use GIS and AutoCAD to convert historical documents and create usable digital data bases advantageous for the department as well as the City as a whole.. This data base will better track our transformer inventory and location records and provide current usage of transformers resulting in a quicker response to customers as it pertains to their project. • will focus efforts in the area of grant - seeking and technical writing for capital projects and help guide projects through to completion. Will assist the Electric Utility Manager in processing grants from beginning to end to include: writing the grant applications, developing scope of work, accepting awarded grants, coordinating with finance to ensure proper filing of financial progress reports and working with agencies until grants are complete and closed. • will be required to provide technical writing to include the majority of the electric department' s resolutions and agenda statements for City Council; providing a variety of regulatory reporting; including Environmental Protection Agency, Energy Information Administration, federal and state reporting to include air quality reports and various power energy reporting. Completion of these technical duties will ease the daily small tasks demanded of the Electric Utility Manager and allow him to better focus on critical issues and priorities such as; negotiations with federal, state and borough agencies, developing and planning for critical needs of the aging infrastructure and developing necessary ordinance language including the interconnection tariff. . INTENT: To utilize the current electric department administration and resources more efficiently and effectively to meet the City's needs while providing greater service to the community. This action will eliminate the utility office assistant position and replace it with an electric executive assistant position. 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 or Other Plans or Policies: FISCAL NOTE: This reclassification will change the range of the position from the current range 6 — 8 ($13.30 to $18.37) to a range 11 -13 ($17.05 to $23.51). Given the longevity of the person exiting the current position, and the fact that they were at the top of their pay range, it is expected that the position will cost the City less in the initial few years, and therefore no appropriation of funds is required. Approved by Finance Department: j‘ ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council adopt Resolution 2011- 0 , approving the City Manager to reclassify the Utility Office Assistant position to an Electric Executive Assistant position effective June 20, 2011. City of Seward 4of set Job Description v` l ' _ 1 0 Job Title: Electric Executive Assistant �' q� Range: 11 -13, Progressive Salary: Department: Electric Approved by: Reports to: Manager of Electric Utility Date: Supervises: N/A Position: Regular, Full -Time Summary: Under general supervision of the Electric Utility Manager, provides a wide variety of complex administrative, clerical and fiscal assistance to the Electric Department. Provides information to the public regarding department policies, permits, procedures, contracts and other misc. issues as necessary and as assigned. The purpose of this position is to provide administrative assistance to the Electric Utility Manager. A certain amount of discretion and judgment is involved in the work and requires ability to perform several tasks simultaneously with accuracy and in a calm manner. Major duties to include budgeting, website maintenance, technical writing and reporting. Essential Duties and Responsibilities: Processes and costs out work orders for City services; using payment and material records, answers customers' questions relating to service. Tracks jobs, work orders (project), engineering and crew time as they are routed. Utilizes this information in creating billing of customers and ensures complete documentation is dispersed as needed. Prepares minimum payment agreements and computes the cost using staking engineer's job estimates. Process electric work orders in a timely order. Obtains quotes from suppliers and orders material for the electric department to include accounting for labor, material and shipping. Drafts administrative documents, and performs research projects and prepares reports based on the results of this research as assigned. Information obtained is assembled in a concise manner for presentation to the department within the given time frame. Prepares resolutions and council agenda statements with little or no supervision and must be able to produce a final document that is grammatically correct. Receives supply requests, contacts vendors to gather data on price and availability. Prepares, obtains the required authorizing signatures, and routes required documents such as purchase orders, purchase requisitions, check requests and credit card reports. Places orders with vendors. Compiles and maintains the inventory records for the department. Updates price listings and quantities for inventories on a yearly basis. Tracks into inventory all new purchases and tracks all outgoing inventory from jobs and work orders. Receives telephone calls, schedules appointments, updates calendars, arranges and confirms meetings with individuals, government agencies and numerous other officials, businesses, the public and professionally responds to all calls, forwards calls and relays messages. Compiles and ensures accuracy of time sheets for payroll for the Electric Line Crew. Ensures that per diems are accurate. Familiarity with IBEW contract is required and is managed accurately on time sheets. Makes room and board, or per -diem, arrangements for NECA -temp linemen. Makes travel arrangements for utility personnel including compiling expense reports from their travel receipts. Is the department safety officer in that they attend monthly safety meetings, makes arrangements for CPR and safety training for linemen, including ordering safety material for training purposes.. Tracks and keeps current records of mandatory training for linemen. Preforms random safety inspections at all electric department locations and vehicles to ensure compliance and reports delicacies to the electric utility manager. Maintains Material Safety Data Sheets for all electric locations and remains familiar with OSHA requirements and standards. Maintains transformer inventory and locations records. Keeps records in accordance with EPA requirements for PCB transformers. Stays current on EPA regulations and Laws governing the use and disposal of PCB equipment, transformers and other potentially hazardous materials. Arranges the disposal of PCB equipment, transformers and hazardous materials. Prepares and files various EPAEnvironmental Protection Agency (EPA), Energy Information Administration (EIA), State and Federal reports including air quality permit reports, power industry reports and other reporting. Prepares and files various state and federal reports for access and easements and utility right of way permits that coincide with jobs and/or work orders. Materially assists in preparation of annual department budget and tracking of monthly budgets. Responsible for accounting and financial records for the electric department. Assist the Electric Utility Manager in processing grants from beginning to end to include: writing the grant applications, developing the scope of work , acceptance of the grant , coordinating with finance to ensure proper filing of financial progress reports and working with agencies until the grant is completed and closed. Lcn Utility Office Assistant Job Description Page 3 Maintains customer confidentiality, cross trains and learns finance software with regards to utility usage, to understand the processes of purchasing, time keeping and utility billing and to have a basic understanding of utility billing. Updates hard copy and digital files. Ability to learn multiple digital databases to include, but not limited to, the following: Excel spreadsheets, Microsoft Project, GIS and several digital finance databases. Strong computer literacy is required. Ability to use or learn to use Computer Automated Drafting systems (AUTOCAD) and Geographic Information System (GIS). Assists in preparation of professional services, request for proposal and construction contracts, assembles bid packages, administers advertising and bidding activities, and prepares changes. Reviews bid proposal and contract packages to assure that they meet city, borough, state, and federal requirements. Tracks and maintains miscellaneous electric department contract files and leases. Tracks and assists with project updates in calendars and project management databases. Solely responsible for updates to the electric department website. Performs other duties as assigned. Qualification Requirements: To perform this job successfully, an individual must be able to perform essential duties satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and /or Experience: Three to five years' experience in a progressively responsible office administration, public contact, budgeting, and cost accounting, use of computers and related areas and demonstrated good communication skills by telephone, e-mail, writing and speaking abilities. Must have experience with effectively dealing with difficult people. Must have excellent computer literacy in: Excel spreadsheets, Microsoft Project, GIS and several digital finance databases and /or the willingness to learn more and attend training opportunities as necessary to develop such skills. Must have organizational skills capable of creating filing databases and maintaining critical records management. High School Diploma or GED is required. An associate's degree in Business Office Technologies or equivalent is preferred. Progressive Development: Each year on the employee's anniversary date, the employee will be evaluated not only on his/her performance, but also on professional development. The Manager of Engineering & Utilities shall determine if the employee has received the required training and experience to allow for him/her to advance from a Range 11 to a Range 12, then from a Range 12 to a Range 13, remaining at the same step. If it is determined that the employee has not progressed to the next level, but has shown above satisfactory performance, he /she will be granted the regular one step increase within that Range. To progress to a Range 12 requires the employee to have spent one year with the above satisfactory knowledge and execution of the essential duties of this job description plus (1) complete to end one job order and one work order (2) employee should have knowledge of and able to display the requirements for purchasing materials, (3) completed one job related certification (4) have a Utility Office Assistant Job Description Page 4 thorough understanding of the budget process and (5) emergency training for EOC. To progress to a Range 13 requires the employee to have spent an additional one year with (1) above satisfactory knowledge and execution in areas of setting up contract files, (2) acceptance of one grant, (3) coding of bills and a thorough understanding of the expense reports, (4) completed one job related certification, and (5) able to display basic understanding of AutoCad, GIS and shared database management. After the employee reaches a Range 13 he /she shall remain at that range and receive annual step increases, if earned, in the regular sequence. Language Skills: Ability to read and comprehend simple instructions, short correspondence and memos. Ability to write simple correspondence. Ability to effectively present information in one -on -one and small group situations to customers, clients and other employees. Mathematical Skills: Ability to add, subtract, multiply and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and interpret bar graphs. Reasoning Ability: Ability to apply common sense understanding to carry out detailed written or oral instructions. Ability to deal with problems involving a few concrete variables in standardized situations. Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee is occasionally required to stand; walk; use hands to finger, handle or feel objects, tools or controls; reach with hands and arms; stoop, kneel, crouch, or crawl. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, color vision, peripheral vision and depth perception. Public Relations: Public relations will be an integral part of each employee's job. Employees will be courteous, helpful and conduct themselves in a manner which is appropriate for an employee in public service. Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Must be self motivating with the ability to initiate and complete tasks with little or no supervision. The noise level in the work environment is usually moderate. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN AN EXTENSION OF A SPECIAL SERVICES CONTRACT BETWEEN THE CITY OF SEWARD AND THE DEPARTMENT OF PUBLIC SAFETY PROVIDING DISPATCH AND CLERICAL SERVICES TO PUBLIC SAFETY EMPLOYEES IN THE SEWARD AREA FOR FORTY EIGHT THOUSAND AND FIVE HUNDRED DOLLARS ($48,500.00) WHEREAS, the City of Seward has entered into an agreement for the past fourteen (14) fiscal years to provide dispatch and clerical services to Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward community; and WHEREAS, the amount of compensation for dispatch services has been Forty Eight Thousand and Five Hundred Dollars ($48,500.00); and WHEREAS, the attached extension would continue the services at the current rate through June 30, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for Forty Eight Thousand and Five Hundred Dollars ($48,500.00). 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 13`" day of June 2011. Council Agenda Statement Meeting Date: June 13 2011 e 4 o se* Through: Phillip Oates, City Managei�� e kicw From: Tom Clemons Chief of Police q . � BASK Agenda Item: Extension of Special Services Contract between the Department of Public Safety and the City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has entered into an agreement for the past fourteen fiscal years to provide dispatch and clerical services to the Alaska State Troopers and Fish and Wildlife Protection Officers in the Seward community. The amount of compensation for that contract has been $48,500. The attached extension would continue the services at the current rate through June 30, 2012. INTENT: To authorize the City Manager to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety. 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 or Other Plans or Policies: FISCAL NOTE: The City of Seward will receive the sum of $48,500 from the State of Alaska for this contract. These funds have been anticipated and are already included in the 2011 budget. Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: Recommend approval of Resolution 2011- d authorizing the city manager to sign an extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to public safety employees in the Seward area for $48,500. ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2011 to June 30, 2012 GENERAL PROVISIONS The parties. The parties to this contract are the Alaska Department of Public Safety (hereinafter referred to as the "Department ") and the City of Seward (hereinafter referred to as the "City "). Sole Agreement. The City and the Department undertake this contract under the terms set forth below. This contract is the sole agreement between the parties relating to special services, and there are no other agreements, express or implied. Effective Date/Termination /Amendments. This contract is effective July 1, 2011 and continues in force until June 30, 2012. Either party may terminate the agreement with thirty (30) days written notice to the other party. This agreement may be amended by written agreement of the parties. The Department will pay the City for services provided in accordance with, and under the terms of, this contract. Payments will be made quarterly in the amount of $12,125.00, for a total of $48,500.00. Payment for services provided under this contract will be made in four payments in the amount of and covering the period indicated below: Period Covered Amount Payment Process Can Be Initiated 07/01/11 - 09/30/11 $12,125.00 10/01/11 10/01/11 - 12/31/11 $12,125.00 01/01/12 01/01/12 - 03/31/12 $12,125.00 04/01/12 04/01/12 - 06/30/12 $12,125.00 06/01/12 12 Month Total $48,500.00 2. The City will provide and perform the services specified in this contract to the satisfaction of the Department, in support of Department personnel and operations. SPECIFIC PROVISIONS 3. The City will: a. Provide full dispatch services, APSIN /NCIC services, telephone answering and message taking services, and public reception services relative to Department business 24 hours each day for the Department and Department Personnel working in vehicle, vessel or foot, in aircraft or any other means in the greater Seward and Lower Kenai Peninsula Region; Page 1 of 2 �l 1 ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SPECIAL SERVICES July 1, 2011 to June 30, 2012 b. Provide full clerical services and support to Department personnel, including access to and use of the office copying machine and fax machine; to include typing of criminal complaints, transcription of taped statements, typing services as needed for completion of police reports; c. Permit continued access to and utilization of professional facilities and equipment instrumental to the overall efficient and effective operation of law enforcement and emergency response component, i.e.; squad room, kitchen, weight and exercise room, interview rooms, storage rooms, evidence processing room and equipment, a secure locked evidence room accessible only by authorized AST personnel, Data Master, video and training material, other general building facilities including parking for state vehicles, ATV and snow machines. d. Permit continued transport and security of prisoners from the Seward City Jail to Seward Court for hearings and arraignments. IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their names on behalf of the City and the Department respectively. For the City of Seward: For the Department of Public Safety: By B Printed Name Printed Name Official Title Official Title Date Date Attest: Johanna Kinney, CMC City Clerk (City Seal) Page 2 of 2 Sponsored by: City Manager CITY OF SEWARD, ALASKA RESOLUTION 2011 -045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DISCHARGE OF FIREWORKS BY THE CHAMBER OF COMMERCE DURING THE 2011 INDEPENDENCE DAY CELEBRATION WHEREAS, Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward unless specifically approved by the City Council; and WHEREAS, the Chamber of Commerce will be again, sponsoring a fireworks display on Monday the 4 of July, 2011, at 12:01 a.m. with an alternate date of Tuesday July 5 at 12:01 a.m. and is requesting City Council approval; and WHEREAS, the site for the discharge of the fireworks has been identified as the uplands area and has been approved by the Fire Chief as required in City Code; and WHEREAS, the City has traditionally allowed the Chamber of Commerce to provide a fireworks display within the City in conjunction with its Fourth of July celebration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. As a part of its Fourth of July Celebration, the Seward Chamber of Commerce is authorized to discharge fireworks within the City at a time and place that has received the prior approval of the City Fire Chief. 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 13 day of June 2011. THE CITY OF SEWARD, ALASKA Willard E.Dunham, Mayor 1"A Council Agenda Statement Meeting Date: June 13, 2011 e ' of S Fk. u , ; 1 0 From: David Squires, Fire Chief 1 `' � 1 - s10* Thru Phillip Oates, City Manager Agenda Item: 2011 Fireworks Permit BACKGROUND & JUSTIFICATION: The Seward Chamber of Commerce is requesting permission from City Council to hold their fireworks display on Monday July 4, 2011 at 12:01 am at the new breakwater area (Uplands). They have stated that their alternate date is Tuesday July 5, 2011 at 12:01 a.m. or July 8th or 9th, if there is inclement weather on the Fourth. Seward City Code 10.10.040 prohibits the discharge of fireworks in Seward unless specifically approved by the City Council. The City has traditionally allowed the Chamber of Commerce to provide an annual fireworks display within the City in conjunction with its Fourth of July celebration. The fireworks will be presented by "Fire Art by Griz ". The Seward Chamber of Commerce stated that they will work directly with the Seward Fire Department to ensure that the fireworks show is presented in a safe manner. The location has been reviewed and approved. The Chamber has also stated that they will supply two guards to keep the public away from the set up and discharged area. INTENT: Permit fireworks display for the 4 of July, 2011 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: Not Applicable FISCAL NOTE: There is no fiscal impact. Approved by Finance Department: RECOMMENDATION: City Council approves Resolution 2011 - a u thorizing the discharge of fireworks by the Chamber of Commerce during the 2011 Independence Day Celebration. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -046 A RESOLUTION OF THE CITY COUCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CHANGE ORDER FOR AN AMOUNT NOT -TO- EXCEED $47,600 FUNDED BY THE CRUISE SHIP HEAD TAX TO COMPLETE THE INTERIOR SLAB WORK NECESSARY TO RELOCATE THE USCG STRUCTURE WHEREAS, the City of Seward was awarded grant money to provide a foundation and utilities to relocate the USCG facility to the North Harbor and the construction of the water line to the Z float; and WHEREAS, the City was allocated $300,000 State funding for the USCG grant, contributed $168,617 in cruise ship head tax to construct the foundation and utility extensions necessary to relocate the USCG to the North Harbor and prepare for the Z float development; and WHEREAS, the City developed a competitive bid package for the USCG foundation, relocation of the storm drain, and phase 1 and 2- water utilities and advertised according to SSC6.10.210 and SCC6.10.215; and WHEREAS, Metco Inc. was the most qualified and responsive bidder with a bid of $423,027; and WHEREAS, the City contributed $168,617 in cruise ship head tax to complete phase 2- water utilities; and WHEREAS, of the $300,000 State funding $254,410 were allocated to construct the building foundation, water and sewer service, removal of storm drain, realignment of storm drain and phase 1- water utilities; and WHEREAS, the City completed the foundation and utilities in 2010 with the exception of the interior slab; and WHEREAS, there was additional work added to the project that was not in the original scope of work; and WHEREAS, this additional work requires more funding and requires Metco Inc.'s contract be increased $47,600 by an approved change order; and WHEREAS, this change order will provide the funding necessary to complete the interior slab work in preparation for the relocation of the USCG structure. CITY OF SEWARD, ALASKA RESOLUTION 2011 -046 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Manager is hereby authorized to enter into a change order as attached hereto, with Metco Inc. for the USCG slab /foundation. Section 2. Funding in an amount not to exceed $47,600 is hereby appropriated from account no. 402 - 0000 - 3071 -0277 to account no.277- 2770 -5390. 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 13 day of June 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: June 13, 2011 t.Cilitt,„\Y, ojt To: Phillip Oates, City Manager _ Q .. 'sir'''f;' From: William Casey, Public Works gCgs0 Agenda Item: Change order for the USCG relocation project to construct the phase interior slab BACKGROUND & JUSTIFICATION: The City of Seward was awarded grant money to construct a foundation and provide utilities in preparation to relocate the USCG facility to the North Harbor and construct the water line to the Z float. The City was allocated $300,000 State funding for the USCG grant, and is utilizing $168,617 in cruise ship head tax to complete this project. The City developed a competitive bid package for the USCG foundation, relocation of the storm drain, phase 1 and 2- water utilities and advertised according to SSC6.10.210 and SCC6.10.215. Of the total $300,000 of State funding, $254,410 was allocated to construct the building foundation, water and sewer service, removal of storm drain, realignment of storm drain and phase 1- water utilities. The City contributed an additional $168,617 in cruise ship head tax to complete phase 2- water utilities. Metco Inc. was the most qualified and responsive bidder with a bid amount of $423,027. The foundation, relocation of the storm drain and water utilities were constructed in 2010. There was additional work added to the project that was not in the original scope of work and requires additional funding to increase Metco Inc's contract by $47,600. The interior slab of the foundation is the last scope of work to prepare the site for the relocation of the USCG structure. In order to complete the work, the City needs to issue a change order as described above and in the attached Metco Inc. estimate. INTENT: To authorize the City Manager to enter into a change order with Metco Inc. to complete the interior slab of the USCG foundation in the North Harbor. Such work will prepare the site for the relocation of the USCG structure. FISCAL NOTE: Funding for this project will come from State cruise ship passenger vessel taxes, as the relocation of the U.S. Coast Guard to the security float was considered part of the overall project to provide improved response and security to the cruise ships, and relocating the U.S. Coast Guard building to closer proximity with the security float completes this portion of the project. 444/4" Approved by Finance Department: j ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approves Resolution 2011 - a uthorizing the city manager to enter into a change order with Metco Inc. for the purpose of completing the interior slab of the foundation prepared for the relocation of the USCG structure. 2. CITY OF SEWARD, ALASKA 's ; CHANGE ORDER 4 �A51I� P CHANGE ORDER NO.2 DATE: June, 13, 2011 NAME OF PROJECT: USCG Building Foundation & Site Utilities, Marina Subdivision PROJECT NO.: C10 -089 CONTRACTOR: Metco Incorporated The following changes are hereby made to the CONTRACT DOCUMENTS: Reference: Modification to the terms of the agreement. Contract: Notwithstanding the foregoing, payment under this contract shall not exceed Four Hundred Twenty -Three and Twenty -Seven dollars ($423,027) for all base items, additional work and change orders. Change: Notwithstanding the foregoing, payment under this contract shall not exceed Four Hundred Seventy and Six Hundred Twenty -Seven dollars ($470,627) for all base items, additional work and change orders. Explanation: Additional work was added to the original scope of work and resulted in a net change in price of $47,600 as further described in exhibit "A." In order to complete the interior slab scope of work, the total contract amount must be increased and shall not exceed Four Hundred Seventy and Six Hundred Twenty -Seven dollars ($470,627). All other portions of the contract remain unchanged. Requested by the City of Seward Ordered by City Manager Accepted by Contractor CHANGE ORDER NO. 2 Page 1of 1 r .� OF SFt9 ;�► , � � ' o CITY OF SEWARD, ALASKA CHANGE ORDER ��ASY� CHANGE ORDER NO.2 DATE: June, 13, 2011 NAME OF PROJECT: USCG Building Foundation & Site Utilities, Marina Subdivision PROJECT NO.: C10 -089 CONTRACTOR: Metco Incorporated The following changes are hereby made to the CONTRACT DOCUMENTS: Reference: Modification to the terms of the agreement. Contract: Notwithstanding the foregoing, payment under this contract shall not exceed Four Hundred Twenty -Three and Twenty -Seven dollars ($423,027) for all base items, additional work and change orders. Change: Notwithstanding the foregoing, payment under this contract shall not exceed Four Hundred Seventy and Six Hundred Twenty -Seven dollars ($470, 627) for all base items, additional work and change orders. Explanation: Additional work was added to the original scope of work and resulted in a net change in price of $47,600 as further described in exhibit "A." In order to complete the interior slab scope of work, the total contract amount must be increased and shall not exceed Four Hundred Seventy and Six Hundred Twenty -Seven dollars ($470,627). All other portions of the contract remain unchanged. Requested by the City of Seward Ordered by City Manager Accepted by Contractor CHANGE ORDER NO. 2 Page 1of 1 2701 Seward Highway • Seward, Alaska 99664 (907) 224 -3151 Office • (907) 224 -3514 Fax metcoince,oci.net TO: April 28, 2011 City of Seward PO Box 167 Seward, AK 99664 USCG Building Foundation Internal Slab & Rough -In Scope of Work • Provide materials for, form, pour and finish interior slab. • Install vapor barrier. • Seal all joints • Install 4' insulation around slab perimeter • Rough -in plumbing for interior slab including ABS waste, drains, vents, and cleanouts as per drawings A-4, M -1 & S -1 in the sheet set S -3789. Lump Sum Base Quote $42,500.00 Additive Alternates Add to Scope of Work: Compaction Testing & Test Cylinders +$2,100.00 Install Rebar as per MLFA Drawing Set No. S1.1 +$3,000.00 Remove From Scope of Work: 4' Foam Insulation as per USCG Drawing Set No. S -3789 S -1 - $1,050.00 Above Quote Excludes: • External slabs • Anchor bolts • 4'x4' Entry slab on South side of building • Above ground tie-in to existing plumbing piping after building is relocated • Vent ducting, sheet M -1 rooms 109A, 110A, and111A • Plumbing fixtures • Boiler relocation • Anything not outlined in the above scope of work *Note: The above quote is for the cost of work performed PRIOR TOthe building being relocated, there will be an additional cost for work performed after the building is in place. The above quote is good for 60 days from date above. For additional information or questions please contact David Dieckgraeff at 224 -3151. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RESOLUTION 2010 -129 WHICH AUTHORIZES THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS TO PAY COSTS OF LIBRARY/MUSEUM CAPITAL IMPROVEMENTS WHEREAS, the City of Seward (the "City ") passed and approved Resolution 2010 -129 (the "Resolution "), authorizing the issuance of not to exceed $3,730,000 of City of Seward General Obligation Library /Museum Bonds (the "Bonds"); and WHEREAS, the City has not yet issued the Bonds; and WHEREAS, after further consideration it has been determined to be in the best interests of the City that the principal amount of the Bonds not exceed $3,700,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The amount of Bonds authorized to be issued pursuant to the terms of the Resolution is limited to the aggregate principal amount of not to exceed $3,700,000. Principal and interest on the Bonds will be paid in full on or before December 31, 2037. Section 2. This resolution shall take affect 30 days following adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13 day of June, 2011. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: 2q Council Agenda Statement a of sFs. u 9 �0 Meeting Date: June 13, 2011 ':.• 41 From: Phillip Oates, City Manager Agenda Item: Amending the resolution associated with GO bonds for library /museum BACKGROUND & JUSTIFICATION: The Seward City Council approved Resolution 2010 -129 on January 4, 2011, authorizing the issuance of not to exceed $3,730,000 of general obligation bonds of the City of Seward, for the purpose of constructing the library /museum. The Council has determined to reduce the amount ofthe bonds to a not to exceed price of $3,700,000. The bonds are intended to be repaid over a period of 25 years, with a final maturity not later than 2037. INTENT: To reduce the maximum amount of general obligation bonds for the library /museum project by $30,000 to $3,700,000, and to set a final maturity date not later than 2037. 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 or Other Plans or Policies: FISCAL NOTE: The final source of funding for the general obligation bond repayment has yet to be determined, as has the amount of the bond issue, as Council is still considering the possibility of utilizing a portion of General Fund Undesignated reserves to fund a portion of the project in cash. Approved by Finance Department: - fr ATTORNEY REVIEW: Yes X No RECOMMENDATION: 0 41 Council adopt Resolution 2011- , amending the resolution authorizing the issuance and sale of general obligation bonds to pay the costs of the library/museum capital improvements. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DESIGNATING $100,000 OF GENERAL FUND UNDESIGNATED FUND BALANCE TO COVER COSTS ASSOCIATED WITH THE KENAI PENINSULA BOROUGH'S IMPLEMENTATION OF THE CITY OF SEWARD'S INCREASE IN SALES TAX ON ALCOHOL BEVERAGES AND TOBACCO PRODUCTS WHEREAS, the Seward City Council passed Ordinance 2011 -003 on May 23, 2011, amending Seward City Code Sections 5.35.010 and 5.35.035 to allow for an increase in sales tax for alcohol beverages and tobacco products; and WHEREAS, in accordance with AS 29.35.170, the Kenai Peninsula Borough is responsible for collecting sales tax on behalf of cities in its boundaries, and will therefore carry the burden of implementing the increase in the sales tax rate; and WHEREAS, while there is no legal requirement that the City of Seward pay the additional costs that the Borough will incur as a result of implementing this tax increase, the City recognizes that this tax variation is unique to Seward and places a burden on the Borough's staff, and results in anticipated costs to the Borough of approximately $100,000 required to modify the sales tax software to accommodate this change, and to produce revised sales tax forms, and to conduct public education required for businesses engaged in the business of selling alcohol and /or tobacco products; and WHEREAS, following implementation of the tax increase, the annual additional impacts of the tax increase on the Borough staff are intended to be nominal; and WHEREAS, the City of Seward does not wish to establish a precedent that the City would agree to cover future potential costs associated with modifications to property tax and/or sales tax, or the corresponding effect on the Kenai Peninsula Borough resulting from such modifications; and WHEREAS, this action will reduce the City's Undesignated Fund Balance from the current level of approximately $3.5 million to $3.4 million, which is within the City's current required fund balance policy band of between $2.8 million and $5.7 million. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: CITY OF SEWARD, ALASKA RESOLUTION 2011 -048 Section 1. The amount of $100,000 is hereby appropriated from the General Fund Undesignated Fund Balance account no. 101 - 0000 -3050 to the Designated Fund Balance account no. 101- 0000 -3042. Section 2. The purpose of this action is to segregate funds which may be needed to implement the alcohol and tobacco tax, but prior to spending funds from this $100,000 designation, a separate resolution will come back to the Seward City Council for approval. 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 13` day of June, 2011. THE CITY OF SEWARD ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement a oc s Fi9 u . - -1 ;- Meeting Date: June 13, 2011 4 eAS* - From: Phillip Oates, City Manager Agenda Item: Designating Fund Balance for Kenai Peninsula Borough's cost of implementing changes to sales tax resulting from an increase in tax on sales of alcohol and tobacco products BACKGROUND & JUSTIFICATION: In accordance with Alaska Statute 29.35.170, the Kenai Peninsula Borough maintains responsibility for collecting and remitting sales tax on behalf of cities within its jurisdiction, including the city of Seward. Therefore, any changes that the City of Seward makes to its sales tax code, has a direct impact on the borough and its staff. The Seward City Council has worked diligently over the past year to develop a funding source to finance construction of the new library /museum facility, and on May 23, 2011, passed Ordinance 2011 -003 which increased the sales tax rate on sales of alcohol and tobacco products. The change in the tax rate is slated to take effect January 1, 2012. In a council work session on March 14, 2011, the Borough finance director described the hardship that is placed on the Borough any time that a city within the borough, establishes a variable tax structure which is not consistent with the Borough's. Such changes require changes to the Borough's computer software and forms, and result in considerable staff time to determine how to implement the change, educate the businesses prior to the change, ensure that the sales tax code changes are appropriately implemented and reported by businesses, and to audit compliance. The variable change in sales tax rate on alcohol and tobacco products is a new variation that the Borough is not currently capable of addressing without considerable costs involved in reprogramming their software, modifying sales tax reporting forms, etc. While Alaska Statute clearly requires that boroughs administer the tax code for cities within their boundaries, we are told that the magnitude of the costs required to implement this particular change ($84,000 to $100,000) are not available within the Borough's budget, and given the challenges the Borough is having balancing its budget in light of the recent seasonal reduction in sales tax on non - prepared food items, would cause a hardship on the Borough and its staff to administer. The City does not want to establish a precedent whereby the Borough would expect the City to pay for any future modifications that it may choose to make relative to the tax code. On the other hand, the City would prefer to smooth the way for this tax increase so that the increase in revenues is available to cover debt service payments on bonds which must be issued in the near future. If the City elects not to pay the costs associated with this modification, it is likely that the Borough may be unwilling or unable to pay to make the change, causing undesired delays in our library /museum project. INTENT: To set aside funds to pay the costs associated with modifying the Kenai Peninsula Borough's software and forms, so that the City's increase in sales tax rate associated with sales of alcohol and tobacco products, can move forward expeditiously, without further delays to the library /museum project. 2 CITY OF SEWARD RESOLUTION 2011 - 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 or Other Plans or Policies: FISCAL NOTE: This appropriation will reduce the City's undesignated fund balance from approximately $3.5 million to $3.4 million, which is still within the 3 -6 months' reserves required by the City's fund balance policy. The administration will bring back a resolution to the City Council to appropriate the designated amount (not to exceed $100,000) for the purposes of this project, once the actual costs are known, and prior to expending funds to implement the change in tax rates. Approved by Finance Department: Ji, ATTORNEY REVIEW: Yes X No RECOMMENDATION: 4� Council adopt Resolution 2011 -C, designating the amount of $100,000 from General Fund undesignated fund balance, for the purpose of making funds available to implement the increase in the sales tax rate associated with the alcohol/tobacco tax. siCi Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011 -049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS IN AN AMOUNT UP TO $1,500,000 FOR PURPOSES OF PAYING COSTS ASSOCIATED WITH THE PROPOSED SEWARD COMMUNITY LIBRARY MUSEUM WHEREAS, the City of Seward (the "City ") and the Seward Community Library Museum Building Committee (the "Committee ") have been working since 2003 to secure funding for the design and construction of a new community library museum (the "Project "); and WHEREAS, the City and Committee have secured $5.1 million in State of Alaska and private foundation funding for the Project, and $1.1 million in grant applications are pending; and WHEREAS, the City voters approved the issuance of a general obligation bond (the "Bond ") in an amount not to exceed $5 million to finance capital costs of the Project; and WHEREAS, the City has determined that it is in the best interests of the City to issue the Bond in an aggregate amount not to exceed $3,700,000; and WHEREAS, the City has estimated that it will need an additional amount to pay for costs of the Project, and the City Council desires to appropriate an amount not -to- exceed $1.5 million for the project; and WHEREAS, the estimated undesignated fund balance in the General Fund is approximately $3.5 million prior to this appropriation, and the City's Fund Balance Policy bond requires undesignated fund balance between $2.8 million and $5.7 million, representing between three and six months operating costs; and WHEREAS, this appropriation will reduce the undesignated fund balance in the General Fund to $ 2.0 million which is 29% below the minimum required undesignated fund balance threshold according to the City's Fund Balance Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. An amount up to $1,500,000 is hereby appropriated from the General Fund undesignated reserves account no. 101- 0000 - 3071 -0 to the Library \Museum Capital Project account no. 626 - 6262 -5920 to be used for payment of Project costs. Section 2. This resolution shall take affect immediately upon its adoption. Council Agenda Statement e {of SFi Meeting Date: June 13, 2011 V4 lis From: Phillip Oates, City Manager Agenda Item: Appropriating Funds NTE $1.5 million for Library/Museum Project Costs BACKGROUND & JUSTIFICATION: The Seward City Council has voted to issue general obligation bonds in an amount not to exceed $3.7 million for the purpose of constructing a new library /museum facility. In an effort to limit the amount of debt issued for the project, the Council has expressed an interest in utilizing some of the General Fund's Undesignated Fund Balance to reduce the required amount of capital financing. The General Fund Undesignated Fund Balance (after setting aside $100,000 in costs associated with the Borough's costs of implementing an increase in sales tax on alcohol and tobacco products) is approximately $3.4 million. The City's fund balance policy requires that undesignated fund balance be equal to between three and six months expenditures and transfers -out which is between $2.8 million and $5.7 million. The Council can utilize up to $600,000 of undesignated fund balance and stay within the current policy bands. However, the Council has asked for the flexibility to utilize an amount not to exceed $1.5 million of undesignated fund balance for this project. The actual amount of funding needed will depend on a number of factors including the ultimate construction costs of the project, the level of fundraising accomplished by the Seward Library Museum Building Committee, and the magnitude of any unanticipated project costs. INTENT: To appropriate an amount not -to- exceed $1.5 million to pay costs associated with the proposed library /museum project. 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 or Other Plans or Policies: FISCAL NOTE: This appropriation will reduce the City's undesignated fund balance from approximately $3.4 million to $1.9 million, which is $900,000 lower than the floor of the City's current fund balance policy, and $2.35 million lower than the mid -point of the fund balance policy "band ". The City's current level of undesignated fund balance is largely the result of one -time EXXON Valdez Oil Spill Settlement Proceeds of nearly $2 million received in 2009/2010, rather than the result of prudent fiscal management. The finance director has strong concerns about the reduction in undesignated fund balance given the poor condition of some City enterprise funds, the lack of funding available for capital repair and replacement, current financial challenges associated with the healthcare system, the need to match grants to leverage funding for harbor and other critical infrastructure, taxpayer fatigue associated with increases in fees and taxes, and the need to demonstrate strong positive fund balance to secure bond financing for the library /museum and other City projects. Approved by Finance Department: CITY OF SEWARD RESOLUTION 2011 - ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council adopt Resolution 2011 -V , a ppropriating an amount not to exceed $1.5 million for the purposes of paying costs associated with the proposed library /museum project. City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page CALL TO ORDER The May 23, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Lieutenant Butch Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Marianna Keil Jean Bardarson Vanta Shafer Bob Valdatta Ristine Casagranda Tom Smith comprising a quorum of the Council; and Phillip Oates, City Manager Cheryl Brooking, City Attorney Johanna Kinney, City Clerk ABSENT — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Angela Buck spoke before the council as a Port and Commerce Advisory Board applicant. She had history as a former employee and liaison for the board and she felt a desire to serve on this board. Buck states she would like to help focus some of the attention to other businesses than the marine industry. Carl Norman spoke on fiscal responsibility. The new taxes up for discussion tonight were unreasonable. There was no sunset on the half percent sales tax increase or the alcohol tobacco tax. The amounts proposed were still under for the operating costs for the new library museum facility. He didn't think the city should consider these funding options — and asked council to hold off until there was more certainty. Steve Fink was also a Port and Commerce Advisory Board applicant before the council tonight. He was a commercial mariner for several years and also with Kenai Fjords tours as well as running a ferry in Hawaii. Has other skills to bring to the table including tech and would love to participate on this board. City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Hilda Lespron, on behalf of the Seward Arts Council, passed out flyers for June 2, 2011 two plays at Resurrection Coffee House, an artist's impromptu art show and the Art Walk on June 3, 2011. Keith Campbell, spoke on the library museum project — stated this was the 44 time he was before the council on this issue. He represented the 17 member building committee in addition to several other volunteers. They were ready to move forward and were getting final prices. The committee has met every pledge assigned to them but $500,000, and recently a local citizen bequeathed $71,000 to the project. Campbell urged council to put this issue to bed and passed out invites to the ground breaking ceremony. Paul Rupple, spoke on behalf of the Seward Community Foundation — who created an endowment to benefit Seward. The foundation just finished their 2011 grant period and awarded almost $22,000 in major and minor grants. Rupple reported the Rasmuson Foundation has issued the Seward Community Foundation a challenge to the communities of Seward and Moose Pass. If donors in these two communities give a minimum of $15,000 by October 2011 to the SCF Unrestricted Fund, the Rasmuson Foundation will match this with a donation of $15,000. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Shafer) Approval of Agenda and Consent Agenda City Clerk Johanna Kinney pointed out clerical changes to the minutes and Council Member Casagranda pulled Resolution 2011 -038 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: The April 18, 2011 City Council Special Meeting Minutes And The April 25, 2011 And May 9, 2011 City Council Regular Meeting Minutes Were Approved. Resolution 2011 -039, Accepting Grant Funds From ALPAR And The Kenai Peninsula Borough And Appropriating Funds For A Parks And Recreation Litter Patrol. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Military Appreciation Month and the Armed Services Combat Fishing Tournament proclamation was read. A proclamation was read for National Historic Preservation Month. `)\ City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Spring Creek Correctional Center Employee of the Year Erich Torrey was recognized by the City Council. A proclamation for May as Memorial Poppy Month was read. City Manager's Report, City Manager Phillip Oates stated he was not going to give a verbal report this evening in the interest of saving time. He was prepared to give a longer report at the next meeting including his recent CVRF trip to Seattle. City Attorney's Report, Cheryl Brooking stated for the last few months the office continued to work on ordinances and resolutions, the library museum project and funding sources including the payment of general obligation bonds, the energy funding proposal by SAAMS, business license requirements, land use /platting issues, harbor and SMIC land use matters, and electric issues such as utility rights, contract matters and the railbelt cooperation in the formation of ARCTEC. Brooking reported the Ninth Circuit remanded the RBCA vs. the City of Seward again to the district court on the question of attorney fees. Mayoral Report, Mayor Willard E. Dunham stated he attended a Borough mayor's meeting regarding the funding for the Corps of Engineers budget. He requested for Vice Mayor Bardarson to report on her trip to San Francisco — Bardarson reported the city was invited to the Dept of Tourism and Commerce for their International Pow Wow to meet with the state department as well as 27 delegates from Japan, Japanese Consulates, the President of Tourism from Japan, and Japanese travel agents. The State Department asked Seward to come because of past conversations about the WADA group and the possible marathon races in Seward. There were millions of marathon racers in Japan, and the State Department wanted Seward to let the Government of Japan know of Seward's interest in planning something in the future. Bardarson said it was a successful trip in getting Alaska and Seward's name out there. Other Reports, Announcements and Presentations - None PUBLIC HEARINGS Resolution 2011 -037, Recommending Kenai Peninsula Borough Approval Of The Waterfront Park Preliminary Replat Which Establishes The Outer Boundaries Of The Waterfront Park, Includes The Vacation Of All Interior Undeveloped Rights -Of -Way, Easements And Interior Platted Lot Lines; Dedicates Additional Rights -Of -Way And Easements; Located Predominately Within The Park Zoning District. Oates noted the area in discussion tonight. This was to give recommendation of approval to the Kenai Peninsula Borough of the replat in Waterfront Park. The replat contained two zoning districts. Planner Donna Glenz said the support for this had been ongoing for several years. Administration recommended approval. 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. l� City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Motion (Bardarson/Keil) Approve Resolution 2011 -037 Keil stated this was something that had been a goal of the Planning and Zoning Commission for some time now. In response to Keil, Glenz said Boulder Field was included in this area but if council wanted to sell or lease it in the future, it would just have to be replatted out. She felt there were many reasons for it to be in here currently, though. Dunham was surprised with the lot lines as this area used to be mostly railroad yards — he was surprised to see there were even lines in the area to begin with. Glenz said the property lines were put in up to Monroe since 1905 as well as the rights of way. Valdatta stated Boulder Field should stay as a ball park. Keil congratulated staff on this accomplishment. Motion Passed Unanimous Ordinance 2011 -003, Amending Seward City Code Sections 5.35.010 And 5.35.035 To Allow For An Increase In Sales Tax For Alcohol Beverages And Tobacco Products. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. (Clerk's Note: At this point in the agenda, this Ordinance received a public hearing only — no motions for action were made by council here. The purpose was to allow the council to hear public testimony on this Ordinance before the council discussion item on the various Library /Museum Funding Options. Action on this Ordinance occurred after the council discussion item below). Sol DeMoss, co -owner of the Seward Alehouse, stated this ordinance was singling out individuals and felt the load should be shared equally throughout the community. DeMoss was not here to discuss supporting or opposing the library /museum, it was more about the 10% increase which equated to two employees in his business. Council was asking them to pick up this load after a recession they were still trying to recover from. He did not think it was fair to put this burden on just a small group of people /business owners. DeMoss did not think business were fully recovered to allow for this 10% increase. If this Ordinance was enacted, he asked for a reconsideration of a lower percent -- or even better, a half percent sales tax for everyone. Carl Norman felt this was a targeted tax to a minority. This tax would typically affect lower income people, he felt. Most people were not speaking up on this issue out of fear. It was an unfair tax and it wouldn't even foot the bill of the cost of the project. Norman stated the one mil increase in property tax failed because it was a burden on property owners. This was the same kind of scenario Norman felt, so why was council considering this? Working people have agreed with him on not being able to afford a new library /museum. He noted there was no sunset clause in this ordinance. Tom Tougas gave a brief history of the project to date. He stated the decision to move ahead with building this project was a community project and process that had been before the council for 7 City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page years. The council, at the time, was concerned that the buildings in town were too old and needed to be replaced. In 2004, the council asked a group of citizens to pursue the building, in which the proposal was a $23 million dollar building and it was cut in half and the council asked the community group to raise half the money. The community group raised $7 million dollars. Then the council asked the public if they would fund up to a $5 million dollar General Obligation bond, in which they voted yes, and it was a legally bound vote. He felt this tax issue was a budget issue. This idea started with the City Council. More revenue was generated by the visitors than the residents. He urged the council to make a decision and keep from delaying it. The council started this and needed to finish it. COUNCIL DISCUSSION ITEM Council Discussion on Library/Museum Funding Options. Shafer was concerned with the voters saying they did not want a sales tax increase. She was in favor of the alcohol tobacco tax — but she was willing to amend the ordinance to include a sunset clause in the ordinance. She agreed they needed to put a time limit on this. Smith agreed that whatever they implement should have a time limit on it. As far as alcohol tobacco tax went, he didn't like it and didn't think it was right to earmark certain people. Bardarson stated that the voters said to complete the library/museum, but that they did not want a sales tax. Casagranda did not feel the alcohol tobacco tax was fair and has only heard from citizens who didn't feel the burden should be on them with a seasonal sales tax, either. Valdatta asked for a tobacco tax years ago and didn't understand why alcohol needed to be included. City Attorney Brooking noted if Seward wanted to tax alcohol, they have to tax another item as well. Oates stated timing on this was important. The next bond meeting was the end of July. It would be possible to make this deadline if council makes a decision soon. Assuming the application was submitted timely, the city could have financing available late August or September. Dunham was against the alcohol tobacco tax — he agreed with the comments made that to lay this on a small percentage of users was unfair. He could not in good faith vote for this for the library /museum. Oates added if none of these options passed, the city would be in a tight spot. Unless they were prepared to take the money out of General Fund reserves, he didn't see how the city could continue ahead with the contract. ORDINANCES FOR ENACTMENT City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Ordinance 2011 -003, Amending Seward City Code Sections 5.35.010 And 5.35.035 To Allow For An Increase In Sales Tax For Alcohol Beverages And Tobacco Products. Motion (Bardarson /Shafer) Enact Ordinance 2011 -003 Motion to Amend (Shafer/Keil) Amend Ordinance 2011 -003, to as follows (t ik — deletion, italics — addition): "WHEREAS, it has been determined to be in the best interests of the City to increase the City's sales tax levied on alcohol beverages and tobacco products from four percent (4 %) to fo..rtccn (' 4%) twelve (12%)." Section 2 (b): "Effective January 1, 2012, in addition to the sales tax levied and collected under subsection (a) of this section, there shall be levied and collected an additional sales tax equal to ten eight percent of the gross proceeds of the retail sale of alcoholic beverages and tobacco products sold in the city." Shafer originally asked for an amendment for a six percent increase, instead of the proposed ten percent increase. Oates stated if council was going to make this cut, it could be reducing almost in half. He reminded the council the operating costs were going to be addressed in the budget which would also be an increase. Shafer and Keil revised their amendment to an eight percent overall increase. Motion to Amend Passed Yes: Valdatta, Keil, Casagranda, Shafer, Smith, Bardarson No: Dunham Main Motion Passed Yes: Valdatta, Bardarson, Shafer, Keil No: Casagranda, Smith, Dunham Council recessed at 8:22 p.m. Council resumed at 8:27 p.m. UNFINISHED BUSINESS Ordinance 2010 -009, Amending Seward City Code Sections 5.35.055 To Create A Revenue Source For Repayment Of The Up To A $3.73m General Obligation Bond For Construction Of The Seward Community Library Museum By Establishing A Variable Seasonal Sales Tax That Increases The City Of Seward Rate To 5% During April Through September Of Each b City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Year And Reduces The Rate To 3% In October Through March Of Each Year. (Originally postponed from the January 24, 2011 Council Meeting, original motion made by Councilmember Keil and seconded by Councilmember Shafer). Motion (Keil /Shafer) Enact Ordinance 2010 -009 (from January 24, 2011) City Clerk Johanna Kinney noted the laydown version of this Ordinance before the Council tonight. There was additional language, as well as including a new effective date of April 1, 2012, as the original version was effective April 1, 2011. Council members Keil and Shafer revised their motion to enact the laydown version of Ordinance 2010 -009. Keil stated this was her second choice for funding the library museum project. Motion to Amend (Casagranda /Shafer) Amend Ordinance 2010 -009 as follows (strikcthrough — deletion, italics — addition): "WHEREAS, the combined Kenai Peninsula Borough and City of Seward variable seasonal sales tax of 8% from April through September and 6% from October through March is expected to provide sufficient revenue to repay principal and interest on up to a 2-5 10 year $3,73 $3.5 Million General Obligation Bond, and allow completion of the new library museum project vide .. 11 111 • • el) .. , museum; and ", "WHEREAS, the current City Council of the City of Seward recommends to a future City Council that this sales tax change should sunset when the up to a 5-3773 $3.5 Million General Obligation Bond is paid in full , .. Section 2: "These changes to the City of Seward sales tax rates are for the purpose City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page of paying the annual debt service for up to a 2-year 10 year $3.73 $3.5 Million General Obligation Bond, to complete the library museum project, and shall sunset in 11 years." Motion to Amend Failed Yes: Smith, Casagranda, Keil No: Bardarson, Valdatta, Shafer, Dunham Motion to Amend (Dunham /Smith) Amend Ordinance 2010 -009 as follows (strrletlifeugh — deletion, italics — addition): "WHEREAS, the current City Council of the City of Seward recommends to a future City Council that this sales tax change should sunset with the up to a $3.73 Million General Obligation Bond is paid in full • • ••• • .. 11 11 • Section 2: "These changes to the City of Seward sales tax rates are for the purpose of paying the annual debt service for up to a 25 -year $3.73 Million General Obligation Bond, to complete the library museum project, Motion to Amend Passed Yes: Smith, Shafer, Casagranda, Bardarson, Dunham No: Keil, Valdatta Motion (Casagranda/Keil) Amend Ordinance 2010 -009 as follows (striletlifetigh — deletion, italics — addition): "WHEREAS, the combined Kenai Peninsula Borough and City of Seward variable seasonal sales tax of 8% from April through September and 6% from October through March is expected to provide sufficient revenue to repay City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page principal and interest on up to a 2 15 year $3.73 Million General Obligation Bond, allow completion of the new library museum project, and provide approximately $99,000 annually to assist in paying for the increases in personnel and operating costs for the new library museum; and" Section 2: "These changes to the City of - - Seward sales tax rates are for the purpose paying the annual debt service for up to a 2 15 -year $3.73 Million General Obligation Bond, to complete the library museum project and shall sunset on December 31, 2027. Motion to Amend Passed Yes: Smith, Casagranda, Bardarson, Keil, Shafer, Dunham No: Valdatta Main Motion Failed Yes: Smith, Casagranda No: Bardarson, Keil, Valdatta, Shafer, Dunham Ordinance 2011 -002, Increasing The City Sales Tax From Four Percent To Four- And -One- Half Percent, Beginning January 1, 2012. (Originally postponed from the April 25, 2011 Council Meeting, original motion made by Vice Mayor Bardarson and seconded by Councilmember Shafer). Motion (Bardarson /Shafer) Enact Ordinance 2011 -002 (from April 25, 2011) Motion to Amend (Casagranda/Keil) Amend Ordinance 2011 -002 as follows: in Sections 1 and 2 of the amended code language, add "Beginning January 1, 2027, the tax shall be 4 %." Motion to Amend Passed Yes: Keil, Shafer, Casagranda, Bardarson, Dunham No: Smith, Valdatta Main Motion Failed Yes: Casagranda No: Valdatta, Shafer, Smith, Bardarson, Keil, Dunham II City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page NEW BUSINESS Resolution 2011 -038, Authorizing The City Manager To Enter Into Change Order Number One For An Amount Not -To- Exceed $7,538 Funded By The EECBG Grant For A Window Upgrade And Providing An Extension Of Time To Complete Work By June 30, 2011. Motion (Bardarson /Shafer) Approve Resolution 2011 -038 Casagranda had concerns with the amount being higher than the other bids with the approval of this change order. If the windows were coming from Fairbanks, it shouldn't take this long for them to get here, she felt. Keil found it bothersome that staff didn't recognize it was lower grade windows in one proposal and higher grade in another. Bardarson said there should be specifications in the proposal. Oates agreed and stated the specifications would be re- written it they could do it all over again. Shafer said the other bidder contacted her and wondered if the project/grant was going to be penalized for this going late. Smith said the awarding bidder met the specifications, and it should be a change order if the amount was higher. Oates said admittedly this was not done the way it should have been done. Casagranda asked how many doors and windows were replaced at this point — Oates stated he did not know. She felt it was a long extension and wondered if it would hurt the city's chances with the grant. Oates said they would, still be eligible. Keil said they should owe us money for not completing on time. Shafer said she was frustrated, but also felt the city was stuck in moving forward with this. Smith said this was bad contracting procedures, and Oates agreed. Casagranda said she would like to see better contracting procedures in the future. Smith asked the attorney for review. Brooking said this would not hurt the city legally. Brooking said she had not seen any wrong doing by the city in this case. Motion Passed Unanimous Resolution 2011 -040, Appropriating $232,572.81 To Supplement A State Legislative Grant To Dredge The Approach And Berthing Basins Of The Alaska Railroad Dock To Accommodate Cruise Ships. Motion (Bardarson /Shafer) Approve Resolution 2011 -040 i o n City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page Oates explained the intent and description of the appropriation as stated in the agenda statement. Administration recommended approval. They were legally liable to reimburse the Railroad for these costs. Motion Passed Unanimous OTHER NEW BUSINESS By a vote of 6 -1, Council voted and appointed Steve Fink to the Port and Commerce Advisory Board with a term to expire July 2012: Applicants were Angela Buck and Steve Fink. COUNCILS' COMMENTS Shafer congratulated the Seward High Seniors. She was glad council finally passed something to get the library /museum built. Keil welcomed the combat fishermen to Seward for the annual tournament. She requested a harbor opening weekend proclamation next year. Bardarson agreed and sent her congratulations to seniors. Casagranda congratulated all students for competing another year of school. Smith said they deserved a pat on the bat for moving forward on the library museum. Valdatta said there was a lady in the YMCA instrumental with the combat fishing tournament that should receive some congratulations and recognition. Dunham thanked the graduates and welcomed them to the world. He gave a special thank you and congratulations to the runners who did so well at the state track meet. Dunham thanked the city crews and Michelle Weston for getting the flags up around town. CITIZENS' COMMENTS Keith Campbell thanked council for the action this evening. Invited all to the ground breaking ceremony on June 8, 2011. Mary Tougas reiterated what Oates said about the bond proposal and the city should get that out soon. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Council requested a special meeting for June 1, 2011 at 6:00 p.m. to set the final bond amount. City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page ADJOURNMENT The meeting was adjourned at 9:40 p.m. Johanna Kinney, CMC Willard E. Dunham City Clerk Mayor (City Seal) 1 b City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page CALL TO ORDER The May 23, 2011 Special Meeting of the Seward City Council was called to order at 9:45 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham, presiding, and Jean Bardarson Marianna Keil Vanta Shafer Tom Smith Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Phillip Oates, City Manager Cheryl Brooking, City Attorney Johanna Kinney, City Clerk ABSENT — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING APPROVAL OF AGENDA NEW BUSINESS EXECUTIVE SESSION Motion (Bardarson /Shafer) Go into Executive Session To Give Direction To The City Attorney Regarding The Recent Ninth Circuit Decision In Resurrection Bay Conservation Alliance /Alaska Community Action On Toxics vs. The City Of Seward. Motion Passed Unanimous Council went into executive session at 9:46 p.m. Council came out of executive session at 10:25 p.m. City of Seward, Alaska City Council Minutes May 23, 2011 Volume 38, Page COUNCILS' COMMENTS - none CITIZENS' COMMENTS - none COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS — none ADJOURNMENT The meeting was adjourned at 10:25 p.m. Johanna Kinney, CMC Willard E. Dunham City Clerk Mayor (City Seal) 1 tD`-4 RECEIVE CITY OF SEWARD, ALASKA MAY 2 5 2011 APPLICATION FOR THE Of- SCE OF THE SEWARD HISTORIC PRESERVATION COMMISSION CITY CLERK NAME: K∎Ao.■ \PQ\ STREET ADDRESS: 17 C)90 ro 11 Drive_, e - „ AK c,ct 6 �,� MAILING ADDRESS: ?U 7j3O ' ” HOME TELEPHONE: (S{2. )1 1132. LENGTH OF RESIDENCY IN THE SEWARD AREA: 4 iei rs PRESENLY EMPLOYED AS: 'Trcu15 Leader - ¶jor - Js 114'rn,.o) ?irk List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: C urre., - 15 Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: I am specifically interested in serving on the Historic Preservation Commission because: Have you ever served on a similar commission elsewhere? Yes or No If so, where? And when? If appointed, are you willing to: • Do historic research? OP NO • Work on preparing grant applications? 4"*". NO • Work on writing historic register nominations? [ NO • Attend historic preservation workshops? NO 3/Z /201 k SIGNA URE DA CITY OF SEWARD, ALASKA RECEIVED APPLICATION FOR THE JUN 0 3 2011 SEWARD HISTORIC PRESERVATION COMMIS.IID OF THE CITY Cu RK NAME: 1r1 . �t. S , �` STREET ADDRESS: 6 0 4 a,;,7 ,q,,, MAILING ADDRESS: P € .h I it C) HOME TELEPHONE: lC7 7- .2A 9 /?6. 0'3 V,'3 C 00 LENGTH OF RESIDENCY IN THE SEWARD AREA: PRESENLY EMPLOYED AS: fle- C,o T 4 `Pry S®v- List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: ti t d rac. CP /4:1r4.4¢. 4„., -�� s� r � Cam' K/ ��tic� c 9 v% C`75 -t Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: Mimeo ,,. '� '" 1' 1.4,/ r_ - J ! / ! S '���. • t • , ?" CO ill / I am specifically interested in serving on the Historic Preservation Commission because: t r� ±^ 4 C3 . 4 9 :r, 7ct p , Q,,.e / 171 �� T s Have you ever served on a similar commission elsewhere? co • r No �'"'� f=�" � " If so, where? PC And when? �,w� -e.••� If appointed, are you willing to: • Do historic research? NO • Work on preparing grant applications? ‘_/ NO • Work on writing historic register nominations? NO • Attend historic preservation workshops? NO /( NATUR DATE RECENEDI MAY232011 OFFidE OF THE CITY CLERK LETTER OF INTEREST May 12th, 2011 For Seward Representative to Cook Inlet Aquaculture Association Board Dear Ladies and Gentlmen, Thank you for your consideration for this position. I have lived and worked in and out of Seward most of my life, having fished several seasons during the 1980,s in the Lower cook Inlet seine district fishery on deck as a crewman, also having experiance seining in Prince William Sound seine district and in 2009 I purchased a permit, boat and gear and fished the Lower cook inlet seine district as an owner operator. I understand the fishery and the area and the hurdles it faces. Currently less than 20% of the permit holders for this area are fishing their permits. A number of grave concern, and a hurdle to sustainable fishing for this large area which includes Seward.. As a second generation mariner I also understand the bigger picture doing business in AK. I am happy to answer any questions concerning the position and my qualifications for that position. Timothy L McDonald idai't-fed po box 25 Seward, AK 99664 (907) 362-3868 5/17/2011 t \ , , C..3 U I 1 g,, Jim hair ilsi ,, 1'L L m C PO Box 691 Seward Fish & Game Advisory Committee Seward, AK 99664 224 -3701 home 224 -3350 work Email_: rvcampak@ptialaska.net May 17, 2011 RE: CIAA Board of Directors, Seward Representative Mr. Willard Dunham mayor, and Council Members It has come to our attention that Mr. Tim McDonald has put his name forward for consideration as the Seward representative for the board of directors seat that is open for Cook Inlet Aquaculture Association. Mr. McDonald as a long time Seward area resident, involved in the marine /fishing industry brings a lot of local knowledge to the table. The Seward Fish and Game Advisory Committee feels that Mr. McDonald would be an excellent addition to the CIAA board and request that he be given every c sider. tion for this important appointment. x.46 A .,-t.rL 7 1. r __4. Vice c 'r ,i, e �: i I . 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' t. ;14'4:-..11 .1° ' a- , iein e.LAIWeit ■„ ?it i , \ -- - ' , ° .., -________:___• • ______ ----------- THIS IS TO CERTIFY THAT iferz IS AN OFFICIALLY RECOGNIZED INSTRUCTQR OF THE NATIONAL ASSOCIATION OF UNDERWATER INSTRUCTORS . otiri _ OFFICIAL: � ► � " � ' ■ ■Q CIRTIFYINC OFFICIAL O DUGS COORS ECTOR M r 14, 19R7 _ f l DATE OF CERTIFICATION • 1 ; - / � " NAM COI 1EGF /=• ff TRAINING LOCATION - - �� � l . • • 4' I; 7I; ;1`_ 1 1 1 4 . :: :F • FiLE NO .,„, lcC1,:ON-=_'ALCI-3M);:r*Iggi,M.M-rrlytifcl-,2,-7,f,'*17"---, ,\-,;---;- 77'z,-7-I1(.:41--',AK'=:7M-PRNtANO-latliN7-"efLOVN A-1), ..;:::,,,ib ... . ...... . ■ ,..., m.o. m ....II. 1 0111111 II 111 111111111111 III II III/II 111111111111M 111/1111111111111M11111111 111111111111111 111111 III / II 1111111 1111111111111 I i111 I I/ 11111i 1 1 1/1111111 II III /61111 1111 1 1111111 11111111 /I 11111111111111111/1111111 11111111111111.sl Is11,111,1111,11111N11111,71,111f,11,11,117. ;;1101111111 ; ,E,E. „ft' '''' SEItIAL NUMLIEll ! ,._--. 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E . -- 13OD,RON LCDR USCG = Part (2/%1CP" 2./2 oi of dlifiii‘e 1/6ipeclio/. e,0,4. , ---:.•&•—•••- f ■ --''''' S' B dir C 10n • . , .. 1 ..,„, ., ,, ..IIIII I 11 111111111111/11M II III III I annommillummpaummummmmmiumniron jaunmionammour lommom imilli■■■1■1, nu . ■ ■11, in.., ■ ,, 1 ■■■ to 1 II. I . . , 1 ■11MMUMUMMMERMMiniiilineitillentiMillThipilinfaMMilin 1 , , -.:., ..- (.11,4_. utogiwi,Kwirialx-ii,A.4,,ogsueivelttz-t--------)Ktx.-.7---iflf:. 1 2 ISMit:Vrel ,-,-kinibt I, ..., 4 , . - al' . ... . .. . ...._ ._ . ... .. . . ._.._. ----.-", ! 1- . WELDING CiRTIFICATION'' ' .;... ''. : • . 'I 1 . . . , 881828 No — • . D A TE n LAe _ .......__,__.__,.....,. pi!■ , , O F TEST-dal.Z.22611 .. 1 1 ! THIS IS TO CERTIFY THAT .. . . : . TIM MCDO NALD . ' - ts.4 , ,:. : I • (WHOSE SIGNATURE APPEARS ON REVERSE) .., • HAS SATISFACTORILY COMPLETED AND PASSED THE WELOING TES OF • : •• • . 7 • • S • . 1 .. .• r .; AWS D1.1786, , . :. ;. r :I .1' - • NDERSI NED TESTIFIES T • T . ALL TESTING WAS PERF0 AMED .: • = THOPPRaPRIATE ACC ? .• N E MANUALS AS DETAIZED...ON THE • • EVERStOF ' HIS CARD: .. '• 1 „ '' - ' • ...„ .•...!',!.!.; .i7:.1.:;:i? . • . • ' • :'; . • .,.. ; •. • . . A • • 1.- : . ''' ••••- 1-:".... , • 4....... , _........ _.....„.... • INSPECTOR • ' / ' • , : . • TESTING S - VICES;.4 IN . ECTION • . . - • ' • • . • : I • !( 1 • , . •• •-••• , .. . ...... _... ._ ... :.. • • :. 0 • • • . . _ . • . . . - . .,......d. • • •• .. .. - .. . .. . .__ ...... 1 / / I • 4e........,/ tr, 11** • : • .., , N ig it ; i6L SIGNAT '" • .. • ,a,„/„41‘,,e —Aer A 1 • : • i • i ._ . . i 'S. S.N. •. • • • • • • • • • • RECORD Of .WEL.DING OPERATOR'S • • , . . QUALIFICAtIOKTEST • .. • . PROCESSi• , S 0 • • ..... BASE Asilm A53' .. FILLER .m....7018 .."' • ' • METAL • - t, r j - V i sS K- ■ 3 75 , 4; • • Po8rrioNs ' JOINTS B UIT... : WELD • . . . .. . • . . • - - • REMARKS: • , - • . • • • • . . • .. . • • . 1 ! ai iffe-•'%;;;;%-ii- 11i7,%;•... .......,;;;*;/ .......:, .............. ‘,---.-f.::::-.-. ." - - . .. ' ..11 - ......: - id •' 4::EL..:::1.;11:,.. .‘ ...0;?. . -Y. . .:.s • :::....:;, : ./.... A:A.1s . ':: . :: .. ...-?..::..:,. .4 ' ----- Ttiltelle Jaf eceatte.erixt i : -,.-..,,....,-, ,.. COMMERCIAL DIVING CENTER • LOS ANGELES HARBOR, CALIFORNIA ••,...... /•,:-.... 1 :•::::: , 4 ........ „....., Trtifirat.e .......... ,.........„;:,......„, ........•,.. p........„..... ,..........:....,, „,:.,:.....,.... .,:.„,..:.. ••.... .,..,..,::::..... ,,..... ......„......„. ...:............. This S is to certify that -- • - ii OUL _ te . . 11 olio., • ›.... ,._.( .....::•••, ......,:: .....:::::: has completed all acac tic and practical reqttirements of. -- r....c. zzziFil —......... ..........-- ... : •:.: :, " .. :3 7. --. . e - i : ... :... .: -. • ,:?::*,: .,_,-.•::••••.:, •, • i{. - L• ':iivf iVf lilt?' •-..', 77tis month of _____..IMa,,tth_______, 19 . ig-7.4:S:z ,it% .)1•60.,..•••„;40 M . .../. i:P A' ''.0 'z / ..... ..-----"fr.:7.-1 ''‘. - tt t c?:.:: ' ...;:i ilk, f .',..V ''' ' at -. , - . -, _ -_-- Jam s T. Joiner, Bi(eCutive Director _J.,.. 4 - _ c... ----- - ,.- , .• . ,... 1 ::. ' :•-::-.;.:::-...;, pv.v....:-..... .,, .. . ___. — ----.■ .../2 r. -.. 4, N i* ' 4 - 4 ‘-'. '''', \ 4 ; ,1„9,,,:-.I. .,., --" _ f ' .."; ' :','", -----(....4_____ J611 Robertson, Managing Director "-...... ...• — —• ..... Rit egseled Number -,,, ,:;.; •,':.*. J. :. ..: . ,'-----..." =--- ------=------7-77=-----77.-7-7-7.----------- -----------7!------- ' -. ..-ff.-: , :"..::•;...,;.:; i ...;;;11% i ) I . 'tf 1 ... i .,..:;;A:::.?-;::1) s',„_,...*:-- ..:......1'..;_,,,:PP 't:Sst:.•:g....6.' '4....::;p, qq:.::::!: Wil;;' • ' 'ilFiliP;" • qtAt::..."0 • ''31:.:::YM.e.als' ' ks _ .. ____ _ 1 • I THIS 1 ERTI FY THAT • gm L_t_Aixicrie HAS SATISF. :7::ILY COMPLETED A SPEC1 -',L COURSE IN DIVING REStUE TECHNIQUES UNDER ThE S,;' OF THE NATIONAL ASSOCIATION OF UNDERWATER • INSTRUCTORS 11111 0 • A Niii e + 4 4 . •OUG I A RCELL 1q87 • • Nall I:01 1 FrIF \ 6 Jn Q June 2011 July 2011 v 20� SuMoTuWeTh Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11._ - 3', 4 5 6 7 8 9 12 13 14 15 16 17 18: 10`11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 Monday J Tuesday Wednesday Thursday Friday May 30 31 Jun 1 2 3 7:OOpm CC WS; Chamt c A 6 7 8 9 10 7:OOpm City Council W 6:30pm P &Z Work Ses 11 :30am Seward C + A '�.{ c 13 14 15 16 17 6:OOpm Alaska Railroac 12:OOpm PACAB Work S 9:OOam Social Security 7:OOpm City Council M 6:30pm Historic Preser r` m 20 21 22 23 24 6:30pm P &Z Work Ses 0 N 27 28 29 30 Jul 1 5:OOpm CC WS; 2010 P 7:OOpm City Council M 7 Nand Richey 1 6/9/2011 8:56 AM 1 July 2011 August 2011 July 2 � _ SuM o TuWe Th Fr Sa SuMo TuWe Th 1 2 1 2 3 4 Fr 5 Sa 6 r � } 3 4 5 6 7 8 9 9 8 9.10.11 12 13 10 11 12 13 14 15.16 14;15 16 18 19 20 17 18 19 20 21 22 23' 21.22 17 23 24 25 26 27 _ 24 25 26 27.28 29 30 28.29 30 31 31 Monday I Tuesday Wednesday Thursday Friday Jun 27 28 29 30 Jul 1 3 N N c 7 4 5 6 7 8 Independence Day; cc .' 7 11 12 13 14 15 5:45pm City Council W 11:3Oam Seward CQ 7:OOpm City Council M ti ,- 18 19 20 21 122 7:OOpm CC WS; Water/ 6:30pm P&Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:3Opm Historic Preser N N co ti 25 26 : 27 28 29 7:OOpm City Council M N N L!1 N 7 Nanci Richey 1 6/9/2011 8:57 AM ■ 11.E