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HomeMy WebLinkAbout05142012 City Council PacketSeward City Council Agenda Packet "Trailblazers" Iditarod Trail Centennial 1908-2008 May 14,2012 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA Ail-AmedcaCity x r {Please silence all cellular phones and pagers during the meeting} May 14, 2012 7:00 p.m. Council Chambers David Seaward Mayor Term Expires 2013 Jean Bardarson Vice Mayor Term Expires 2012 Robert Valdatta Council Member Term Expires 2013 Christy Terry Council Member Term Expires 2013 Vanta Shafer Council Member Term Expires 2013 Marianna Keil Council Member Term Expires 2012 Ristine Casagranda Council Member Term Expires 2012 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Seward Harbor Opening and Blessing of the Fleet ........ Pg. 4 2. Military Appreciation Month and Armed Services Combat Fishing Tournament............................................Pg. 5 3. Spring Creek Correctional Center's Employee of the Year is Joe Roman............................................................ P g. 6 4. Retirement of Spring Creek Correctional Center's Assistant Superintendent, Thomas Reimer..............................Pg. 7 5. Torch Run and Terry Pollard Memorial Exit Glacier Run on May19, 2012....................................................Pg. 8 6. Peace Officers' Memorial Day and National Police Week..............................................................Pg. 9 B. Borough Assembly Report C. City Manager's Report D. Mayor Report E. Vice Mayor Travel Report F. Other Reports and Presentations City of Seward, Alaska Council Agenda May 14, 2012 Page 1 7. PUBLIC HEARINGS A. Resolutions Requiring Public Hearing 1. Resolution 2012-027, Adopting The Revision Of The 2012 And 2013 Harbor Tariffs To Correct Errors, To Eliminate The Attachment Of Standard Forms, To Establish A Basis For Pro -Rating Charges For New Tenants, And To Establish A Basis For Late Renewing Customers................................................................................................ Pg. 10 8. UNFINISHED BUSINESS A. Other Unfinished Business Items — Resolutions 1. Resolution 2012-003, Naming The Newly Constructed North Forest Acres Levee Drive Surface, As Dieckgraeff Road; Located Within The Public Access Easement On Tract B, Dieckgraeff-Gillespie Replat; Located At 2501 Seward Highway. (Referred To The Planning And Zoning Commission)............................................................................Pg. 93 B. Other Unfinished Business Items — Ordinances for Introduction * 1. Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. (Referred to the Planning and Zoning Commission)......................................................... ...... Pg.116 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2012-002, Amending Portions Of Seward City Code 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public ....... Pg. 143 *2. Ordinance 2012-003 Rezoning Lots 15 And 16, Block 8, Original Townsite Of Seward From Auto Commercial (AC) To Central Business District (CBD); And Lots 26, 27 And 28, Block 8, Original Townsite, From Multi Family (R3) To Central Business District (CBD)................................................................................................. Pg. 160 *3. Non -Code Ordinance 2012-004, Authorizing The Completion Of The Tax Foreclosure Process And Obtaining A Deed To Retain For Public Floodplain Conservation Protection The Property Described As The West 200 Feet Of South 440 Feet Of Government Lot 5, With Tax Parcel ID Number 14509201, Located In The Crawford Subdivision, Lying East Of The Seward Airport And Having Portions Within The Resurrection River, And Appropriating Funds................................................................................................... Pg. 172 *4. Non Code Ordinance 2012-005, Authorizing The Completion .Of The Tax Foreclosure Process And The Sale Of The Property Described As Lots 29, 30, 31 And 32, Block 27, Original Townsite Of Seward; With Tax Parcel ID Numbers Of 14805003 And 14805004, Located At 516 Through 522 First Avenue, And Appropriating Funds......................Pg. 178 City of Seward, Alaska Council Agenda May 14, 2012 Page 2 B. Resolutions * 1. Resolution 2012-028, Accepting A Grant From Alaska Energy Authority To Upgrade And Update Generation Facilities At Fort Raymond Generation Plant For $3,960,000 And Appropriating Funds...........................................................................Pg. 187 2. Resolution 2012-029, Authorizing A $138,500 Increase To The Snow And Ice Department Budget, And Appropriating Funds.................................................Pg. 217 3. Resolution 2012-030, Approving Teen And Youth Center Day Camp Fee Subsidies, And Reducing The 2012/2013 TYC Revenue Budget.............................Pg. 221 4. Resolution 2012-031, Approving The Purchase Of One Pumper Fire Apparatus From Spencer Manufacturing Inc. In The Amount Of $406,167.00 And From Procomm Alaska One Motorola Mobile Radio And Adapter In The Amount Of $4,246.00 Subject To Obtaining Financing And Appropriating These Funds From The Motor Pool Internal Service Fund.Pg. 229 B. Other New Business Items * 1. Approval Of The April 23, 2012 City Council Regular Meeting Minutes..Pg. 243 *2. Non -Objection To The Brewpub Liquor License #5123 And Approval Of The Restaurant Eating Place With A Restaurant Designation Permit #5152 For Seward Brewing Co.. ............................................................................................................. ...................Pg. 251 3. Council Discussion On If The City Should Purchase Power From The Fire Island Wind Generation Project And Direct the City Manager To Send A Response To Chugach Electric Association. *4. Schedule a Work Session to discuss the audit results on Monday, June 11, 2012 at 6:00 p.m. 10. INFORMATIONAL ITEMS AND REPORTS (No action required) a. Letter to Congressional Delegation on the Alaska Railroad Corporation and Surface Transportation Reauthorization Bill.................................................Pg. 265 b. Providence Seward Financial Report for March 2012 ............................... Pg. 266 c. Harbor Accounts Receivable Write -Off Of McKee Moorage .....................Pg.270 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss the City Manager's evaluation. 15. ADJOURNMENT City of Seward, Alaska Council Agenda May 14, 2012 Page 3 PROCLAAA�rION -WHEREAS, since the 198os, Seward's traditionaC Harbor Opening weekend has kicked off the boating season on the third weekend of ,A4ay each year, and 'WHEREAS, since 1995, the Seward MinisteriaC .Association has been providing the service for the Blessing of the Fleet; and -WHEREAS, this year the Blessing of the Fleet wdl take place on Saturday, .?play 19, 2012 at 4:00 p.m. at the new Seward -'Mariners' MemoriaCin the South Harbor uplands; and WHEREAS, following the blessing will be a boat parade fro7n the harbor entrance to the .Alaska Seal ife Center and back; and WHEREAS, Cater that evening there wiCC be a Harbor Opening dance at Chinook's Restaurant starting at 7:00 p.m. with the proceeds going to the Seward.'vlariners' .'vlemoriaC; and -WHEREAS, there will be a Dedication & Installation Service to hono7A mariners and install plaques at the Seward .Mariners' .�vlemoriaC on Sunday, -May 20, 2012 at 2:00 p.m. followed by a reception. WOW, 7HEREFORE, I, David Seaward,-'Alayor of the City of Seward, -ACaska do hereby procCaim the weekend of .'vlay 1g & 20, 2012 as the Harbor Opening & Blessing of the Fteet and invite all citizens to join in celebrating this important part Seward's rich nauticaC history. Dated this 14th day of May, 2012 7HE CITY OF SE VARD, AL.ASX-q David Seaward, Mayor 1� *********** n *********** *********** PROCLAMATION WHEREAS, Seward is home to the only Military Recreation Camps in Alaska and hosts thousands of military service members and their families each year; and WHEREAS, from May 19 through May 28, free boat launch passes can be obtained from the Harbormaster's Office to all active duty I.D. holders; and WHEREAS, the annual Armed Services Combat Fishing Tournament, to be held on Thursday, May 24, 2012, is for military members who have served our country so bravely in both Iraq and Afghanistan; and WHEREAS, Seward businessman, Bob Candopoulos, owner of Saltwater Safari Company, and event partner, Keith Manternach, of Specialty Truck and Auto, Inc., founded this event which is now in its sixth year; and WHEREAS, individuals and their families who serve our country during peace and war times are encouraged to show their support and appreciation with the appropriate display of flags and ribbons throughout the month of May. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby recognize May as MILITARY APPRECIATION MONTH Dated this 14th day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor Armed Services x YMCA WHEREAS, Spring Creek Correctional Center started the Employee of the Month and Employee of the Year program in 1991 to snow appreciation and recognize those who display high levels of professionalism; and WHEREAS, Joe Roman, Correctional Officer II was chosen as Spring Creek Correctional Center's 2012 Employee of the Year; and WHEREAS, Roman's dedication to Spring Creek Correctional Center and to the Department of Corrections is commendable and deserves recognition; and WHEREAS, Roman will be honored at a luncheon at noon on Friday, May 25, 2012 at the Peking Restaurant for this great achievement. NOW THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby recognize and congratulate ,Joe Roman on this fine accomplishment as SPRING CREEK CORRECTIONAL CENTER EMPLOYEE OF THE YEAR FOR 2012 Dated this 14" day of May, 2012. r THE CITY OF SEWARD, ALASKA David Seaward, Mayor n PROCLAMATION WHEREAS, Thomas Reimer began his career with the Alaska Department of Corrections in Anchorage at the Cook Inlet Pre -Trial Facility in 1985; and WHEREAS, Thomas Reimer transferred to the Spring Creek Correctional Center in Seward as a sergeant in 1988; and WHEREAS, Thomas Reimer was responsible for various divisions during his tenure as sergeant, including Security, Discipline and Training; and WHEREAS, Thomas Reimer was promoted and has served as the Assistant Superintendent of Operations at the Spring Creek Correctional Center since 1999; and WI1EREAS, no one else has served in an administrative position at the Spring Creek Correctional Center longer than Thomas Reimer; and WHEREAS, Thomas Reimer has always demonstrated the highest standards of professionalism and commitment to our community's safety and security; and WI1EREAS, Thomas Reimer is retiring from the Alaska Department of Corrections in May 2012. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby congratulate Thomas Reimer on his retirement and thank him his many years of service. DATED this 14thday of May, 2012 The City of Seward, Alaska David Seaward, Mayor PROCLAMATION WHEREAS, each year law enforcement globally join together with citizens and athletes to run the Special Olympics torch throughout the world as guardians of the flame; and WHEREAS, four million athletes participate in Special Olympics activities annually, and over 2,000 athletes participate in 16 Olympic -type sports in Alaska; and WHEREAS, the efforts of countless volunteers make Special Olympics possible and promotes sports for people of all abilities, unity, inclusion, respect and acceptance; and WHEREAS, on May 19, 2012 Alaska Law Enforcement officers and Special Olympics athletes statewide will simultaneously carry the Special Olympics Alaska torch in their community during the annual Alaska Law Enforcement Torch Run and Pledge Drive, and the flame of hope will be lit again for the Special Olympics Alaska Summer Games; and WHEREAS, at this year's games, many of our Alaskan Special Olympics athletes will experience the completion of a variety of Olympic -type sports, and the joy of "doing one's best" in the spirit of sportsmanship; and WHEREAS, the City Council would like to commend the event organizers and volunteers for their hard work, and congratulate the athletes on their accomplishments; and WHEREAS, the Seward Police Department and Special Olympics Alaska have organized the Torch Run for the Seward area to be held in conjunction with the Terry Pollard Memorial Exit Glacier Run organized by Seward Parks and Recreation on May 19, 2012 at the Resurrection Roadhouse with a start time of 10:00 a.m. NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska do hereby proclaim May 19, 2012 as The Alaska Law Enforcement Torch Run Pledge Drive To Benefit Special Olympics Alaska Day and I encourage everyone to participate either by running or pledging those who are participating. Dated this 14th day of May, 2012 THE CITY OF SEWARD, ALASKA David Seaward, Mayor 0 PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15, 2012 as Peace Officers' Memorial Day, and the week thereof as National Police Week; and WHEREAS, the members of law enforcement throughout the City of Seward play an essential role in safeguarding our community and building a stronger, safer future for Alaska; and WHEREAS, it is important that our citizens recognize and appreciate the duties, hazards and sacrifices that our law enforcement personnel face daily; and WHEREAS, members of our law enforcement agencies honor their duty to serve by safeguarding life and property, protecting citizens against violence, disorder and deception, and protecting the weak against oppression; and `%W WHEREAS, we pay tribute to the 166 federal, state and local law enforcement officers who died in the line of duty in 2011; and WHEREAS, so far this year 32 law enforcement officers have fallen in the line of duty and we honor their memory and sacrifice, and pay homage to their legacy of sacrifice and devotion to duty. NOW, THEREFORE, I, David Seaward, Mayor of Seward, Alaska, do hereby proclaim May 15, 2012 as Peace Officers' Memorial Day and the week of May 13-19, 2012 as National Police Week. Dated this 14th day of May, 2012. N THE CITY OF SEWARD, ALASKA David Seaward, Mayor Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE REVISION OF THE 2012 AND 2013 HARBOR TARIFFS TO CORRECT ERRORS, TO ELIMINATE THE ATTACHMENT OF STANDARD FORMS, TO ESTABLISH A BASIS FOR PRO -RATING CHARGES FOR NEW TENANTS, AND TO ESTABLISH A BASIS FOR LATE RENEWING CUSTOMERS WHEREAS, the City of Seward Harbor Department has found certain discrepancies in the 2012 and 2013 Harbor Tariff as they were originally adopted on October 24, 2011; and WHEREAS, it has been the City Council's intent to allow harbor customers on the wait list to be offered and accept moorage slips until June each year; and WHEREAS, renewing customers who sign up for permanent moorage after the December 31 deadline should be allowed a fifteen day grace period if they pay a penalty for their late renewal; and WHEREAS, new permanent moorage customers should benefit from a pro -rated moorage rate if they are assigned and accept a moorage slip after January 1; and WHEREAS, vessel storage rates at the Seward Marine Industrial Center (SMIC) were approved at the rate of $.10 per foot per day and $.20 per foot per day after 1 year; and WHEREAS, the City and Shoreside Petroleum agreed to an increased rent for the fuel dock based on charges of $.015 per gallon of gasoline and $.0075 per gallon of diesel; and WHEREAS, the harbor tariff will be less confusing if the harbor contracts are not attached to the tariff itself. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The corrected and revised 2012 Harbor Tariff is incorporated herein by reference and attached hereto. Section 2. Subsection 200 (b) will be corrected to allow wait list applications to be accepted between January and June, as previously adopted by the City Council. Section 3. New rules will be added as Subsection 200 (d) for Late Renewals. Section 4. New rules will be added as Subsection 200 (e) for -Permanent Slip Assignments. Ned �0 CITY OF SEWARD, ALASKA RESOLUTION 2012-027 Section 5. Subsection 280 (b) (4) Upland Storage (at SMIC) will be corrected to the rates previously adopted by the City Council. Section 6. New rates will be inserted to Subsection 290 (a) for diesel and gas sales. Section 7. Subsections 205, 220, 250, 260, and 290 will be revised to eliminate the need to attach standard forms to the tariff. Section 8. Subsection 280 (d) Equipment trailers (at SMIC), will be corrected to replace the word day with the word month. Section 9. For the 2012 Harbor Tariff, Sections 2, 5, 6, and 8 of this resolution will be effective retroactively to January 1, 2012. Section 10. For the 2012 Harbor Tariff, Sections 3, 4, and 7 of this resolution shall take effect 10 days following adoption. Section 11. The rates, fees, and charges incorporated herein by reference and attached hereto as "The Port and Harbor Tariff Regulations-2013" are recommended for council adoption to become effective January 1, 2013. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 11 THE CITY OF SEWARD, ALASKA David Seaward, Mayor Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager Jim Hunt Agenda Item: 2012 & 2013 Harbor Tariff Corrections and Changes BACKGROUND & JUSTIFICATION: During the implementation of the harbor wait list for 2012, the staff noted that three erroneous changes were made when the new tariff was presented and adopted by the City Council on October 24, 2011. None of the changes was discussed with Council and harbor staff believes the errors occurred due to the use of a wrong version of the tariff. The previous wait list rules provided that wait list assignments should be made each year between January and June. However, the adopted tariff only mentioned January. These tariff changes would restore the wait list period through June. Secondly, the vessel storage charges at SMIC were raised without notice or discussion. Thirdly, a word substitution from calendar month to day is another error. The proposed changes would restore the correct language to the tariffs. It is proposed that these tariff corrections will be effective January 1, 2012. A fourth change is the charge for pumping gas and diesel that also became effective on January 1, 2012. A fifth proposal resulted from the requests of two customers (see attached letters). A new policy is recommended by PACAB (following four months of deliberations) to address the billing of new reserved moorage customers. Charges for new tenant customers would be pro -rated based on the remaining balance of the calendar year. (Following action taken by PACAB in March, a clause clarifying the pro -rating formula has been added by City staff). The sixth change is a formal policy for late renewals. Late renewing customers would be granted a 15-day extension in January each year, but only if they pay a higher (approx. 9.25%) transient rate. The sixth and final change is to strike from the tariff five references to attached documents. The preface of the tariff (page v) already states that the subject forms are available at the Harbormaster's Office, the City Clerk's Office and the Seward Ship's Drydock Office. However, the current tariff also states in several places that these forms are attached to the tariff. The forms are not, in fact, currently attached to the tariff and there will be less chance for confusion by eliminating these attachments to the tariff. Furthermore, the tariff must be filed with the Federal Maritime Commission and staff believes that it would be most efficient to avoid having to report routine form revisions. It is proposed that these three (3) new rules would be effective ten days after adoption. As you know, two years of tariffs were adopted last fall and therefore the 2013 harbor tariff should also be revised at this time. It will be effective January 1, 2013, INTENT: The purpose of the corrections is to restore the language to the tariff that inadvertently changed. The intent of the new policies is to retain long-term moorage customers and continue to build strong customer relationships. I� CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Economic Development 1 Small Boat Harbor Development page 22 — Continue to present X competitive pricing of boat slips, relative to other south central ports, to retain high utilization of slips... Strategic Plan (document source here): page 5 — Adjust local 2. development regulations, where appropriate, to encourage development X that is consistent with our economic base vision. 3. Other (list): FISCAL NOTE: Harbor staff made a significant effort to calculate the projected customer benefit and projected harbor loss of income if these changes are adopted. The best set of information is to use 2011 as an example (the first actual changes would be in 2012, if enacted). Customer savings ranged from $109 to $728 per year with an average benefit of $292 per account. For 2011, the estimated harbor revenue loss would have totaled $23,394. For comparison, this amount is approximately one-half of the amounts gained by raising transient rates by 10% for 2012. Beyond 2012, harbor staff estimate the annual cost at $12,000. The increased gas and diesel charges should result in a net revenue increase of $6500 per year. Approved by Finance Department: 9UZ4�� - ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve City Council Resolution 2012- =ja1 Harbor Tariffs. 13 recommending changes to the 2012 and 2013 PORT AND HARBOR TARIFF REGULATIONS - 2012 RULES, RATES, CHARGES AND REGULATIOA0 FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations Revision Date: AH,-mg; 3, 2LW".aril23 2(�)12 gffeciive.Jamit&��4-M_qv3 2012i M LIFT SYSTEM City of Seward, Alaska 19 Lm IR m Table of Contents PREFACE ............ ��tt v Tariff Revisions ..... .._.. _.... .. _.. m v Forms _ __ .,..... _.. v Explanation of Abbreviations and Characters That May Appear in Tariff. .., ...... ...... v Notice to Public.... ..... ... .... . ......... .................. ......... _......... .. _ vi SECTION I - GENERAL RULES AND REGULATIONS.............................';x,; ................ 100 DEFINITIONS - GENERAL ........................... -�. .........................1 ........ ....... 105 APPLICATION OF TARIFF ............. ' (a) General Application of Tariff . _ _.. _, _.. ..... _ .2 (b) Tariff Effective __ _ _.__ r 'r:.. 2 (c) Acceptance of Tariff _._ .._ .. 2 (d) Reservation of Agreement Rights _ _ .. _ _ _ _ 2 (e) Compliance with Conditions of jR'_&n ;rid Facility Use _ 3 110 APPLICATION OF RATES ............. F 115 INSURANCE.............................................................................................3 120 RESPONSIBILITY COLLC .ON AND GUARANTEE OF CHARGE .............................3 (a) Responsibidibt,,for Char&es _... __... ... ... - .... .,... _ .__.,.......... .._ _...3 (b) Prepayment, I of pra ment, Acceptable Security, Refund of Excess _. . ......_ ... 3 (c) WaGero p$,pa%1entM6quirement.. (d) �IArgesonDeting62 tAccounts 125 LIA ILITY Fh L011S OR DAMAGE AND INDEMNITY.........................................................4 x (d) Respoi ib>1ity Limited ..... _ _ .4 (b) Iridemn y _.. ..... _. ... ..... (c� %yne s Risk ...._.... .... ._ _ ...._..... 5 130 RIG14 S OF THE CITY OF SEWARD...........................................................................................6 Access to Harbor or Port Facilities ... .... ...... ............. ....... _ ................... .,........... ................. ......6 (b)'' Right to Refuse Cargo . ............ ...... ....._._..................... ......,,...... ............................ ........ ..... ,..,... 6 (c) Right to Schedule Vessels and Cargo ....... ...... .. .. .... _ ................ _ _ _ _ .. 6 (d) Right to Remove, Transferor Warehouse Cargo...... _...... .... ............ ......... _... .... ..... ... 7 (e) Rightto Withhold Deliver of Freight. ___. _.... _ ........ _.....,._ ... .... .........__..7 (f) Right to Sell for Unpaid Charges .... ...., . .___. ......... .. . .. ..... _.. ._ .. .............7 (g) Explosives _ ._ ....,_ _ (h) Right to Remove, Transfer or Rearrange Vessels..._ ...... ... ........ .............. .....___. ..7 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: LffeGire.rnraa fd9Jv3 2012ii 135 140 145 (i) Right to Remove Materials or Equipment from City Dock or Terminal Facilities .......... __.......... . 8 REQUESTSAND COMPLAINTS..................................................................................................8 DELAYS- NO WAIVER OF CHARGES.......................................................................................8 MANIFESTS REQUIRED OF VESSELS............................................................... ^. ........... SAFETY. SANITATION AND HOUSEKEEPING ...................................... (a) Safety and Sanitation •? ..fir 4 .. E};2 ............ 8 8 _....... ...... ......._. ...____.. ...._ .. (b) Notice of Hazardous Cargo and Permit Requirements ..... ,. 9 (c) Responsibility for Housekeeping ... ._. .... . ....... ... �".......... .... ..9 (d) Smoking Prohibited.. .................. ...... .......................... .. t _.. . _...9 (e) Used Oil and Petroleum Products,_ ............. . .... _...9 RESPONSIBILITY FOR PROPERTY DAMAGE...........F ...... ........... :.......................................9 160 BULK PETROLEUM PRODUCTS ................ (a) Application of Tariff ........... _ . (b) Clearing and Heating Petroleum Lines .. (c) Regulations Governing Petroleum Pr ducl (d) Housekeeping........., __...._.. SECTION II - SERVICES AND CHARG x ...�.;. 210 MOORAGE—_. ............... Outside the Small Boat Hal Within the Small Boat Harbc (a) AssignmentgfBertl (b) Waiting I,i .for Per (c) Permanent S ssi (d) I.,aWfFnq 1, ........................910 _ ` _ ... .. . _.. ...._.... __..__ 10 _.. .....__ ..._.... ....__,..,..... _.__ 10 ;...............................................................................11 .._......._ ._ _.._ _. .............. _................ _._...........,.._......... ................ ..._... ....Il _...._, .._....__..._......._..._... _..................... .....................__ 11 Assignment.._ .. _ .....1., 11 (f) ., Pee ignent aril", eniporary (Transient) Slip Assignments ___ _ ... _...... 12 . _.... ..... _ _..... ........ ....._, 12 VR�rival eltion. ........ __ _ .. ..... ._............ _.+413 ORTES ...................................... ............................................................4-213 ( C ulation of Moorage Rates.. ... . .... ........ _ ... . . .......... ...... . ................ 1-213 a<aily Rates..,...... _.. _. _ 13 (' Annual Moorage Fees . ..... Y)Moorage 13 (d) Rates for Slip Assignments..... _...... _..... .............. ....... ..-1414 (e) Float Plane Fees. ._....... _ .... ...... _ ._..., ......_.__. _.. .... ,... .._... _.................}415 DOCKAGE............................................................... ........ ........ ____ ........................................ 4-415 (a) Dockage Period ... .... ... ....__..... ... _......._ .... _.... _ .., .... ...... ...._. +4 5 (b) Basis for Computing Charges ....... _ _ _. _ _ _ _ . _ _ _ _ ........ 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate _ . __ ....._ __ ._....... ............................ 15 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dote: AFogus ?, 04-4.9vril 23. 2012. Effective..Ainfwy4M_yv 3 2012 iii le M R (d) Preference to Reserved Dock Use ............ .. _......._................ .... 15 (e) Berth May be Granted Before Payment,.,.._ ............ .__._.. _.........._............... ......... - ........_16 (f) Charges on Vessel Shifting ..... ...... ....... ..._.....__..,.... .............................. ._.............. .4-617 (g) Charges to Assisting Vessels ........... ....... ,........ .......... ...... ..... _.............. .... ..... _............. _ K17 (h) Notice of Hazardous Cargo and Permit Requirement.. __....... .. ............ . .... ..... ........ .4.617 (i) Dockside Lay Time.. . ............. __..._...._.......... _. .._.._ . ...... ... .. 17 215 DOCKAGE RATES............................................................................................. . 17 (a) Daily Dockage Rate... _ s _... .. .... 17 (b) Monthly Dockage Rate ..... ...... .. .. 17 . r• 220 HANDLING, LOADING AND UNLOADING ...................... ................... ...'``;<}.....'..................... 18 225 LABOR AND SERVICE CHARGES .................................. ..........................`. ...........................18 Y ate.. (a) Specific Services.... _....... .....,319 h.... _. _.. .._.. (b) Labor/Personnel......—,.... � 19 (c) Equipment.... .. ..... ......a-Q0 (d) Special Services. _.._ . ...... _ 20 (e) Miscellaneous Charges __ .. ti..... __ _ 20 230 PASSENGER FEES.....................h ....... ..,. .......r....................................................... 2�21. (a) Fee ............................ Esc. ........ ........ ........ (b) F iling Forms Payment_..21 ....... ........2821 -- of and 231 CAPITAL RENEWAL AND`IZPLMENT FEE ............ ... .. __ . .. ...,.. _...... ... ._.....21 235 ASSISTANCE T'AWATERS AND OTHER AGENCIES..........................................................21 240 BOAT LAC 21 (a) S�patmg Po2422 _. (b) ich -auiFees.. ...... _._. 22 245 P`(jBi ]C SfIOWIFS......................................................................................................................22 250 :... -�-TON RAVELIFT....................................................................................................................22 ClArating Policy _ .._ _ _._ _........_ .22 -` (b) `Boat Lift Agreement _._ _... _ 22 Responsibilities.... ..... _... _ ... _ 2-2-23 (d)'` Dockside Lay Time. ........ _.. _ . .. _. _. _ _...... --.__23 255 50-TON TRAVELIFT FEES.........................................................................................................23 (a) Description of Charge._ ......_............ _..... __ _ ......_.............._ .._ _...... __... ._.......23 (b) Lift Fee....... ... _... . ........................ ..... ............... __ ..._.. ._ 23 260 250-TON TRAVELIFT..................................................................................................................23 Port and Harbor TarrffRegulations Cite of Seward, Alaska Revision Dore: ,gym oar ri123 2012 Eff1 ciive:/�t�xc+�1iL9w-3 7012iv (a) Operating Policy ... .... ............. .. .,..__..........................._.....,._......._...._23 (b) Boat Lift Agreement _. ..... .,. _. .................... .__..._..,......,..............2-324 (c) Responsibilities ....... ..... ......._ .. _ _...... .... . ......... ,.... .......... .... ..... .....24 (d) Dockside Lay Time .... .-- ...... _............ ......... .._. ............._......_..................._....._.......24 265 250-TON TRAVELIFT FEES .......... ....... ........ ...... ........ ..... ....... ......24 (a) Description of Charge .. _._ ___. _. ., ._... _..24 (b) Lift Fee ...... ........... ........... _......... ..... .._ _.......,.._.. ._....... _24 270 SHIPLIFT FEE ................... ...... ........ ....... ........ ...... �. ,.....25 (a) Description of Charge.. ... ...... ._ ... .. ._ ., .. ..... ..25 (b) Lift Fee..._. .._........... ........... ....... ......,_.. ............. .... _25 (c) Basis for Computing Charges . .. ...... "' - 25 (d) Preference to Reserved Use. .. _ _ .._ ...,.25 (e) Berth May be Granted Before Payment.. _...... __..,rp _........ . __.26 (f) Inspection of Vessels on the Shiplift Platform ..... _ 26 (g) Repairs to Vessels on the Shiplift System 26 (h) Notice of Hazardous Cargo and Permit Requirement r ' r ..._..._.. __.... .3627 (i) Dockside Lay Time .,........ ......27 ' Lift Fee Rates .............. .. _ ......20,27 275 DAILY SHIPLIFT LAY CHARGE........ - ........... .... ............................27 (a) Description of Charge. . .......... ., ;. .27 (b) Lay Fee ... ................ ......... 27 (c) Basis for ComputingChargas _. (d) Rate.... x � _ _., _........,_27 _ 27 .. 280 UPLAND STORAGE � . , .%4 ....... .................. ..... ..... ........... (a) Area of Land Availa6l ... _. _ _.. # ... ......27 _ _ . .._ 27 27 (b) Calculationof Rates. �. -- - . - -. (c) Lay Timeel des _.... (d) Empty Cradle allers _ 27 _ .. 27 285 WHARFA,E `. (a) PP 11� of barge .. p I, _.... _ ...... 28 28 1! . _.. ... .. (b)�{,/ GaerstowwddCarao.......... .... ..-...... ...__....... ....... ....... _....._.. .__....... . ... _ .... ............. ........ .............. ..... 28 28 ATES.................................................................................................................... 28 of Standard Rates. ..... _ __ _ _ .. .. ....... _....... _.....................28 Rates Based on Guaranteed Payments........ _ ...... _.... ._.........._... ...........2-929 295 WPIARF DEMURRAGE...............................................................................................................29 (a) Description of Charge ._,_ ._ ....._ .. _ _._ ._._.. _ .....-29 (b) Calculation of Free Time ..... ...... _... (c) Free time ................ ._....... _... _._ _ ... .... __ ... _.. ....-...._29 (d) Rates ..._. ...... .......... ....... ......_.._ __ _ _ ..... ... _ _ . _ .........._...._._.29 (e) Lay -Down Areas ....... . ........ .... ...... ...._..._ ... __ .. . _ . _........ .._ ..... ........., _ ...2330 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dole: n .. 2-6144, ril i.i, 10/1, EJfeciive. � Maj j, 20/2 v wr M PREFACE The purpose of this document is to provide, in a complete but condensed format for pub is review, the terms, conditions, rules, regulations, charges, and rates comprising the City of Seward Port and Harbor Tariff, as approved from time to time by the Seward City Council. Although some text has been rearranged for the purpose of clarification, it does not reflect any substantive changes to the actual tariff. This document contains, but is not limited to, the City of Seward Terminal Tariff No. 100 as filed with the Federal Maritime Commission. Tariff Revisions The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to e.>n such r`."ision, the amended page(s) will show the date of revision in the lower left corner. Requests for missing p or additidnal copies of the tariff may be directed to the Seward City Clerk. ,�,4. Forms All forms referenced in this document may be obtained from the Seward Cdy Clerks Qfficii or the Harbormaster's Office. Shiplift/SyncroLift forms are available at Seward Ship's Drydocl lfktee at the Marmd"Industrial Center. These forms include, but are not limited to, Vessel Moorage Application, an supplements i}efeto, Application and Agreement for Reserved Moorage; Application and Agreement for Transini'Moorage; T#oat'Lift Agreement; Vessel Shiplift Use Application, and Supplements thereto; Shiplift System Use Permit Termur Use Permit; Prepayment Agreement; and Uplands Storage Agreement. Explanation of Abbreviatj0ns nd• aract.ers That May Appear in Tariff ,,��rr4r b.m. board measure /tgth. length bbl. barrel m.b.m. 1,000 ft. board measure bdl, bundle s" b meas. measure .z� crt. crate min. minimum cs. case +, misc. miscellaneous ctn. carton , nl.t. metric ton cuft. icPot or feet no. number <$;; ea. '4" eaclix, N.O.S. not otherwise specified herein f.f. `gQed tla pkg. package FM C. Federa Maritime Commission sq. ft. square foot or feet Oy WAX e gals gallons stg. storage hdlg. ? handling U.S. United States of America inc. including, inclusive or incorporated w1 weight ton of 2,000 lbs. I.c.1. less than carload w/m weight ton of 2,000 lbs. or cubic ton of40 cubic feet Id& loading yd. yard Port and Harbor Tariff Regulations City ofServard, Alaska Revision Dale: 4 goo 3 ""'April 2i 20I2. E.ffeclive danyr+yEMay33 2012 vi 1� Notice to Public This tariff is published and filed as required by law and is, therefore, notice to the public, shiAe s, consignees and carriers that the rates, rules and charges apply to all traffic for which contract rates h5Y9j,been arranged. In addition to this Port and Harbor Tariff, the public, shippers, consignees and c ers using C �.f $eward facilities should consult and be aware that the City of Seward Code of Ordinanc Ninc. ;� but no) ri nited to Chapter 9,15 (Fire Prevention and the Uniform Fire Code), Title 14 (Uti{ities, ng Garbage, Refuse, Water, Electricity and Sewage) and Chapter 7.10 (Ports and Harbors), all a?t}iended, appv and govern where not specifically provided otherwise in this tariff. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dane: ;ice+ 3. 2W .aril 23. 20/2, Effective. iot5-- A av33 2012 vii SECTION I - GENERAL RULES AND REGULATIONS Subsection 100 DEFINITIONS - GENERAL (a) General Terms. Unless provided otherwise in this tariff, applicable definitions set fortll;;i`ii 4 CFR § 515.6 shall control. (b) City Docks. The city docks of the City of Seward include all docks, floats, gl ps�vyharves, a, piers, bulkheads, dolphins and sea walls owned or operated by the City of Sewafd'.yi (c) Float. Float System. Those portions ofthe city docks located within is oralI Boae;Jia bor that rise and fall with the tide, including the pilings, ramps, ladders and utility con] c'froilsr,, , ' (d) Holidays. In this tariff, whenever reference is made to II a is..' -tie folly wing days are included: New Year's Day, President's Day, Seward's Day, Memorial D ftidepndence dy, Labor Day, Alaska Day, Veterans Day, Thanksgiving Day, the day in»nedi� fot u)ing i ksgiving Day, one-half of the working day immediately preceding Christmas,>3 y, d dWhrig a,� Day. When a holiday falls on a Saturday, the preceding Friday shall be consider a holiday pnd - en a holiday falls on a Sunday, the following Monday will be considered a holiday fA e purpijses of this tariff. (e) Permit Holder. A person or business�ftliat his a valid Shiplift System Use Permit issued by the City of Seward. (See "Forms" in the prefal'e,gf t]iVdocwnent. (1) Point ofRest. Point of rest is defined s thaWtire ii the terminal facility which is assigned for the receipt of inbound cargo from tI1e 4s#,IV, 1 w ch inbound cargo may be delivered to the consignee and that area which is assed fort he receipt bf outbound cargo from shippers for vessel loading. (g) Port ofSewardlThe Port ofµ$ewar ' omprises the Small Boat Harbor, the Shiplift System and all city docks and tepnpaal facilities ho(aJed within the corporate limits of the City of Seward. (h) Slip. /»or(ge,locCon°'thin the float system of the Small Boat Harbor. A slip does not include the floa pi ,finger ofi�te fldaf brit only the spaces between or adjacent to it. (1) , 611ip(ift Sys T. Pe Shiplift located at the Seward Marine Industrial Center and the adjacent rail side (j_) Te-iiinal;aFacilities. Terminal facilities include all city docks and associated equipment, offices, wareliquses, storage space, roads, paved areas, water banks and shorelines under the management and 'cont7bi of the City of Seward. (k):'' Vessel. In this tariff, whenever reference is made to a "vessel", the term shall mean any ship or barge, self- propelled or other than self-propelled. (1) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip, on a transient dock, or for tying to a vessel so moored in the small boat harbor or other terminal facilities. Port and Harbor Tariff Regulations City of Seward, Alaska ReWsionDale: H » . 2 ,4-7ri1 3. 012 Effective•n^�-, & r•H fL1�ti'3 20111 a\ i Subsection 100 (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for tying to a vessel so docked. (Sometimes identified as "moorage".) (n) Handling. Handling means the service of physically moving cargo between point of rest and anyplace on the terminal facility other than the end of a ship's tackle. (o) Loading and Unloading. Loading and unloading means the service of loadin or u oading cargo between any place on the terminal and railroad cars, trucks, lighters or bar Aes for any means of conveyance to or from the terminal facility. RV X (p) 141harfage. Wharfage is the charge assessed against any freight placgd in a transited or on a wharf; or passing through, over or under a wharf; or transferred between vesse)-- . aded t? . runloaded from a vessel at a wharf regardless of whether or not a wharf is used. Wharfa is `grgk. aj charge for use of a wharf and does not include handling, sorting, piling of fre t_Ar charg s for aiay other services. (q) Demurrage. A charge assessed against cargo remaining mOrrorier�t�ina.) facilities after the expiration of free time, unless arrangements have been made f rage. `Mr (r) Free Time. The specified period during whic rgo may occupy space assigned to it on terminal property, free of wharf demurrage or terminal st Tie ch ` ges, immediately prior to the loading or subsequent to the discharge of such c 'gd on or off flity el. 1.05 APPLICATION OF TARIFF A- (a) General Application ofT ,jff Rate harg 1 ules and regulations provided in this tariffwill apply only to persons and vessels r[Sin et�3` . ltind facilities under the jurisdiction and control of the City of Seward, merchandise' , . at or s tpped from the facilities or properties operated under the jurisdiction and control 5be Ci f eward, and specifically to municipal docks, structures appurtenant thereto and erways und'eYaxhe anagement of the City of Seward. The rates, charges, rules and regulations i Y'� may ap I' the Seward Small Boat Harbor, the harbor bounded by the rubble breakwatrat tlie�4orthwe rn head of Resurrection Bay (Small Boat Harbor); the Seward Marine InduslYiai tC`en�er (Sik. including yards, basin, docks, dolphins, 250-ton Travelift, and shiplift platfo n; and an othar terminal facilities under the jurisdiction and control of the City of Seward. Y Tariff E�t,�� ell,. Fates, charges, rules and regulations named in this tariff and any additions, revisions, or af, u pfi'm tshereto shall apply to all vessels or users and to all freight received at facilities subject to 11 s tariff n and after revisions, or supplements thereto. Unless otherwise specified all transit freight • recce at terminals and undelivered priorto effective dates of tariff, revisions, or supplements thereto, fv steal e charged the rates in effect on the date such freight was received until entire lot or shipment has �te'en withdrawn. (c)' Acceptance of Tariff. Use of the docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (d) Reservation ofAgreement Rights. Right is reserved by the City of Seward to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such Port and Harbor Tariff Regulations City afSeward, Alaska Revision Date: AH,;' ,� 2AgL 123 0012. Effective Mav 3 2012 2 Me i Subsection 105 agreements are consistent with existing local, state and federal law governing the civil and business relations of all parties concerned. (e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and the acceptance of services shall conform to conditions of docking and facility use set f hjierein. Only those operators who have a valid shiplift system use permit shall have access to tv.shiplift system. ll 0 APPLICATION OF RATES - �{ • (a) Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40 ct''c�aPeet as ratedby ocean carrier, or per 1,000 feet board measure, or 42 gallons per barrel of b,4Ik petroleJ.products corrected to 60 degrees Fahrenheit net, or 376 lbs. per barrel of bulk cement. ti (b) Rates provided for commodities herein are specific and m p pAIet be app �d by analogy. If rates are not provided for specific co mnodities, rates to be applied r those:;estabhs'ed for 'Freight N.O.S." ]is INSURANCE Rates named in this tariff do not include insurance oi'a�6y.Jind. The Citybf Seward shall be under no obligation to provide any insurance of any type for any vessel, cargo r liability arising out of use of the city docks, shiplift system, or terminal facilities. If the 'does acquire Agy�uch insurance, the charges for that insurance shall be in addition to fees described in t, tariff 120 RESPONSIBILITY FOR COLLE N All G r RANTEE OF CHARGE (a) Responsibilityfor Chaps', h its o&er or agents, shippers or consignees, owner of the cargo on the vessel, and, rii. the ca of shiplift' operation, the permit holder shall be jointly and severally responsible for payment'Qcharg named herein and such payment responsibility applies without regard to the provisio+•n of b i I Is oflad� fig, e iarter party agreements, vessel repair, contracts or other conflicting provisions. ,x (b) Poepa= ay"ent, Acceptable Security, Refund of Excess. All charges for services rendere y tI City ofSeward for the use ofdocks, shiplift and other terminal facilities are due sand pay —e in c i in advance of such services or use, as follows: sF, �— ` ° (1) •Fob al'Charges attributable to the vessel from its ovniers or agents before a vessel commences its t to •-ing or discharging. fir•,, (2) .Y'For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift a system. (3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee before the cargo leaves the city docks or terminal facilities. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: EffecovejaR+w)�4tWav3 20123 a3 i Subsection 120 (c) (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash deposit or acceptable security in an amount equal to 125% of the estimated applicable charges shall be required to be posted with the City of Seward six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all cases in advance of actual services rendered. Wherever a cash deposit haserj posted, any excess thereof, after satisfaction of all applicable terminal charges, shall be RAY Aptly refunded by the City of Seward to the posting party. Waiver of Prepayment Requirement. The Harbormaster, in his sole disc�p igri, in waive t1i;�ash-m- advance requirement as to all or any category or categories of anticipaiec c� r its when the party responsible for such charges has been identified to the satisfaction of the Harboi7naster and (1) That party responsible has established credit worthiness accept�IbWo'Ab�gO� rbormaster; or (2) The permit holder has established credit worthiwr$ 06$table t(k49 Harbormaster, or S (3) Adequate security, acceptable to the Harbg�tfaStgr; liar ,een'posted; or ' ,,. �, . (4) The agent requesting terminal services o g or any &ber entity acceptable to the Harbormaster as credit worthy has personally accepted financial resjaQ isib iI�" for the applicable charges. The City of Seward retains the righ�(;-" is sb, a discretioie, to determine whether a responsible party or an agent is creditworthy, and to w e tl eta i -advance requirement. The City may establish guidelines for determining whether a resp ible`"j "an agent is credit worthy. Compliance with these guidelines does not create�a_rigt to fivercash-in-advance requirement. (d) ChargesonDelinquih4ccozPV. All invbices, except for damages to City of Seward property, will be declared delinquent sixtjFkays a r the date of the invoice and will be charged interest at the rate of 10.5% per artt11tm. All ext ' expe ses, including legal expenses, litigation costs, or costs of agents employed tefto collectipn II also be assessed to, and payable by such accounts. 125 LIABILIT FOR'1 -QSS' DAMAGE AND INDEMNITY 11 aspon ility Li ited. Generally, no persons other than employees of the holders of authorized tenninal a use,pens is a permitted to perform any services on the wharves or docks, or in any other terminal �S �a city of th ity of Seward, except upon written authorization of the Harbormaster. No persons other u: Vl'an ern,yees of the holders of authorized shiplift system permits shall be permitted to perform any x. ser'ti peon the shiplift system. Permit holders shall be required to obtain any necessary terminal use perai3s prior to performing any services on any other terminal facility of the City of Seward, except upon viyrltten authorization of the Harbormaster. The City of Seward, its employees and agents shall not be '4Aj,.V liable for the injury of persons on the city docks, shiplift system, or terminal facilities, nor shall they be liable for any loss, damage, or theft occasioned by such persons' presence on the city docks, shiplift system, or terminal facilities, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. Port and Harbor ToriRegulations Revision Date: AH+g+ � • ?. A April --L 2012 1;%/ective.kan+x++a-! L1aw3 2012 a a�t Ciry of Seward, Alaska Subsection 125 The City of Seward, its employees and agents are not responsible for loss or damage caused by fire, frost, heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage or decay; animals, rats, mice or other rodents, moths, weevils or other insects; leakage or discharge from fire protection systems; collapse of buildings or structures; breakdown of plant protection systems; breakdown of plant or machinery or equipment; or by floats, logs, piling or camel logs required in breas vessels away from a wharf, nor will they be answerable for any loss or damage or delay aris Vtprn insurrection, shortage of labor, combinations, riots or strikes of any persons in their employ or th smice ofothers, or from any consequences arising therefrom, except that the City of Sewg8hhAll be 1`akle for any onion of loss or dama a that is direct) caused b its own negligence. sry ` P g Y Y,:,rt� Shiphft System. The City of Seward, its employees and agents make;ho represen'fatjons or warranties that the shiplift system is adequate or sufficient for any particular vessel Further the ify of Seward, by requiring that only holders of shiplift permits be authorized to utilr tljp sixff system, makes no representations or warranties of any kind that the work, op�rpt'jpn, mate =1 Is, design or other aspects of the work performed or contracted to be performed by s�lyff a per}nit holds�. of good and workmanlike quality, or in conformance with industry standards Vessej own .ps rp ad ed that the Cityof Seward is { d not responsible for and specifically disclaims a : ',d.b,htyr; woi� "perfornmed or contracted to be performed by a permit holder, except for thos ,, amages %isec h.•the City's own negligence. The City's inspection, if any, of vessels and placer'"'on cradle systems is done solely for the purpose of protecting the City's interest and inv nm nt in the slfkjLsystem and should not be construed as an acceptance of any responsibility t specepr to inspec in any particular manner. (b) Indemnity. Each user, pemut'hoi' .er ve§5,el, vuhl owner and its agents, shippers or consignees shall indemnify, defend and hold harmle %theliof Seward against any and all claims arising from any breach or default m perf&nn nce'bft bligation to such parties to be performed under the terms of this tariff or arising from 4, y acctomission of said parties for all costs, attorneys' fees, expenses, and zliabilities incurred um the:cfens ferny such claim, action or proceeding brought against the City of Seward excepp`only for those:caudd by the City's own negligence. (c) OmamersRat At o the f ow ng shall be at the owner's risk except for those damages caused by the CitVIXn n Muzen&�—.. s and fragile articles will be accepted only at owner's risk for breakage, leakage or on open ground is at owner's risk for loss or damage. subject to freezing will be accepted only at owner's risk. (4) All water craft, if and when permitted by the Harbormaster or his authorized agent to be moored at wharves or alongside of vessels, are at owner's risk for loss or damage. (5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage. Port and Harbor Tariff Regulations City of Seward, Alaska llevi.cinnUalc }»g i FJ11,4nril2: 20/2 Effective. F>lciti3 20125 �5 Subsection 130 RIGHTS OF THE CITY OF SEWARD FrA Without in any way limiting the general authority of the City of Seward, the City shall have the following powers: (a) Access to Harbor or Port Facilities. The City shall at all times have the right to ref access to any city dock or terminal facility by any person or vessel or to remove any vessel, persot or d 0 at any time from any city dock or terminal facility, including the shiplift system. This goNlall be re' trved at all times to the City without responsibility for demurrage, loss or damage wW& (1) Previous arrangements for use, space, receiving or unloaL4rig have n�t--,�een made with the Harbormaster, (2) The vessel is unsafe or hazardous and may pose a r,Sk jo life or operty; (3) The value of the vessel, in the opinion of the Harborn, ,is less than the probable service charges and other charges related to its usatydock or ferminal facilities, (4) During periods of congestion, or In cases of einerger c , when, in the judgment of the Harbormaster, the circumstances then prevailing or U. ely to occur will prevent the city dock or terminal facilities, or any porti i uthem, froi prodding customary services to the public. (b) Right to Refuse Cargo. In his accept, receive or unload, or discharge: ester shall at all times have the right to refuse to vehicle delivering to the terminal facilities to (1) Cargo for whk%reviAr, arrangements for space, receiving, unloading or handling has not been made with the Hatb,Qnnas fly shipper, consignee or vessel. (2) Cargd1r%Vuitably p4acVfor safe transportation. «, (3) �Cargo��eme� •, a Harbormaster, in the reasonable exercise of his discretion, to be offensive, erisha6ir h ardous. Hazardous cargo must have been prepared for shipment in accordance iu�t)� the IIcable Department ofTransportation regulations (including 49 CFR Parts 171-179). Tie value of which may, in the opinion of the Harbormaster, be less than the probable charges and other charges related to it. Cargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them, from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion, the Harbormaster shall at al I times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, including the shiplift system, in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: Ar+gvrs?-?N &t:d 2i, 20/2. Ejjective. r*iMav 3 2012 6 a b Subsection 130 (d) Right to Remove. Transfer or Warehouse Cargo. (1) Hocardous or Offensive Cargo. In his discretion, the Harbormaster shall Clal times have the right to immediately remove all hazardous or offensive cargo, or cargo icYtV its nature, is Iiable to damage other cargo or city dock or terminal facilities. The c nay be `r�poved from its present location to any other location with all expenses and risXQlomor darn4z4 be the responsibility of the owner, shipper or consignee. -z (2) Cargoes beyond free time. Any cargo remaining on city doc "`" urinal Pities after expiration ofany applicable free time may be removed to bl rty9te warehouses, and all expense of removal and risk of loss or damage shill,;kF the res sibili ofthe owner, shipper, consignee or vessel as responsibility may app5pr on spmg cyments, manifests or other sources. 1 3% (e) Right to Withhold Deliver of Freight. Right i,reserve thez;ityofSeward to withhold delivery of freight until all accrued charges and/or ad ices against 'said freight have been paid in full. At the Harbormaster's discretion, any or all of such freigI _ay be -laced in public or private warehouses, and all cost of removal and subsequent IW&ng and stor e small be the responsibility of the owner of the freight. 'a" r (I) Right to Sell for Unpaid Charges'Yeigl1txgn wl eh unpaid terminal charges have accrued may be sold to satisfy such charges n costsprovidXe ch sale has been publicly advertised. Freight of a perishable nature or o, rta{ NAi � damage other freight may be sold at public or private sale without advertising,,pr�ided hlowne�r aas been given proper notice to pay charges and to remove said freight and has neglectedl�oT, failedqo,do so within a prescribed reasonable time. Y (g) E,rplosives I he.City of Se ar�Cf%'shall not allow the acceptance, handling or storage ofexplosives within the conturesof tilk.ort ofSward without prior arrangement with the Harbormaster and as governed by rides�id re�ii��tions=off eral, state and local authorities. (h) rght to Remove,,Tronsfer or Rearrange Vessels, IY"H -aiylonrs Vessels or Vessels with Hazardous Cargo. In his discretion, the Harbormaster shall at all mes have the right to immediately remove any hazardous or offensive vessel, or any vessel 4p ntaining hazardous cargo, or any vessel containing cargo which by its nature is liable to damage other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other location, and all expenses and risk of loss or damage shall be the responsibility of the owner, shipper or consignee. (2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner, shipper, consignee or vessel. Pori and Harbor Ta-iRegulations City of Seward, Alaska Revision Dore: Apogitsi 4. ? 4.jpril .3 3012 G'f/ecrive, it9aw3 2012 7 ::�l Subsection 130 (3) Movement of Vessels to Reduce Congestion or Maximi2e Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel from its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. (i) Right to Remove Materials or Equipment from City Dock or Terminal &Itties. Ally e��,materials, equipment, trash, or other items left on or about any city dock or tennin�lcility may be r�trttived by the Harbormaster at any time, and all expense of removal and risk of to '&Tiage sliall be the responsibility ofthe vessel that last occupied the facility or the caner, Shipp or consignee ofthe vessel as responsibility may appear on shipping documents, manrf,�st g ,other s- ces. 135 REQUESTS AND COMPLAINTS Any shipper, vessel or vessel agent may make requests and cotiipi ��il Ina a written statement with the Harbormaster, City of Seward, P. O. Box 167, Seward, L,%-,1996 4 140 DELAYS - NO WAIVER OF CHARGES Delays in loading, unloading, receiving or Bring freigh' potrage of vessels, or receiving, discharging, lifting, or transferring vessels on the shi ;-t system or Travel-ift as a result of harbor congestion, equipment failure or breakdown, or ofcomnbinatio s, -gr�irike.%of any persons in the employ of the City of Seward or others, or arising from any other cause reasot the owners, shippers, consignees acarrie bly thin the control of the City of Seward, will not excuse of thfight or vessel, or the permit holder, from full service, wharl'deniurrage, moorage or Iisi li r`g , ; �Ypenses which may be incurred under conditions stated herein. 145 MANII ESTS REQUIRED Masters, owners, age t ror operat rs (vessels are required to furnish the City of Seward with complete copies of vessels' mam s slid g nam of consignees or consignors and the weights or measurements of all freight �z loaded or disearge the dplor terminal facilities of the City of Seward. Such manifests must be certified as correcvbt 'Ian author d ofi"icial of the company and must also designate the basis of weight or measurement on wlls ocea3ight as assessed. In lieu of manifests, freight bills containing all information as required abq re may:,be ac ted. Shtp s)%umerr The Harbormaster may require masters, owners, agents, operators and/or permit holders to e pcute arti'- ge application containing descriptions of the following items: (i) fuel; (ii) ballast; (iii) water; (j �,:porgo;, d (v) structural details for lift. 150 S`'VF-TY, SANITATION AND HOUSEKEEPING (a) Safety andSanilation. All users ofeity docks and terminal facilities and all permit holders ofthe shiplift system shall exercise due care for the protection of 1 ife and property and the protection ofthe public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift system, should be consulted. Portions ofthe City of Seward Code of Ordinances of particular relevance Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dcrte: 1w�w.rv-J, 38 Aprit 23, ?012. L:ffective..Agmfwa+4Mav3, 20128 include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors). Subsection 150 All safety and sanitation laws, regulations and policies of the City of Sewardlthe ai Peninsula Borough, the State of Alaska, and the United States ofAmerica, includingth�dopted bn temational treaty, apply to city docks and terminal facilities, including the shiplift stem.',AII userluding shippers, permit holders, vessels and consignees, are hereby warned that the A rparties responsible �t� for infractions of such laws, regulations or policies will be subject tQ, and respople for any penalties that may result from their violation of those laws, regulations or poltcues.;, 3<' (b) Notice ofHa=ardozisCargo and PerinitRequirements. No j c-shall be ento.HeHarbonnasterofany vessel carrying cargo which is hazardous, extremely flap#inableorrosiv explosive or otherwise poses a significant risk of harm to property or persons, at least 2lic, r& TaDr_t •landing or use of docks. The Harbormaster, at his sole discretion, may issu ann dock''ise if he finds that sufficient precautions have been taken to minimize anyenhal ns pre Anted by such cargo. >. (c) Responsibilityfor Housekeeping. Users of docks a`> t�' ��lier enninal facilities, including permit holders of the shiplift system, will be requu maintain Sainin an orderly manner as directed by the Harbormaster. If user does not p erly clan property used, the Harbormaster shall order the work performed, and user will be bind for e erbicss in accordance with the rates set forth in Subsection 225 ofthis tariff. (d) Smoking Prohibited. �6's ` Ut-t be aflowed on any wharf, pier, or the shiplift system, or in any facility, warehouse c4i'=nsi4 d, exeep in approved areas specifically designated for that purpose. Persons violating this ru1aynay b grred, at the discretion of the Harbormaster, from the further use of any wharf q facility, incl ii lie shiplift system, and, in addition, shall be subject to prosecution under applidaNfiederal, sate rid municipal laws. (e) Use_a i paste Oi ;and P,,� ' eunz Products. All used/waste oil and petroleum products must be properly disport d of by f>j ves. -Downer. The City of Seward offers a limited ability to take small quantities of i§ed oil' d petr eum products as a convenience to the boating public. Up to five gallons of used oil andt)petrof lP oducts will be accepted by the City in the approved and designated facilities on shore. v Tl re 1 b' no storage, even of a temporary nature, of used/waste oil or petroleum products on city docks, wl rves, piers or finger floats. Any vessel/owner/agent storing or disposing of used/waste oil in an iii, propnate or illegal manner may be barred from further use of the Seward Small Boat Harbor and/or penalized according to the provisions offederal, state and local law. Larger quantities of used oil may be accepted by the Harbormaster upon prior arrangement by written approval on a case -by -case =i basis with applicable charges assessed for disposal. 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost, including overhead. Port and Harbor Tariff Regulations City of Seward, Alaska Revision /Dare. 4 w+ t- -29-4April ?3, 2017 Efpaive, *a5 -/.Wiv 3v 3 2012 9 lac� 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff. Except as otherwise provided in this section, the rates, rules and regulations published in other sections of this tariff apply to vessels, shippers and consignees of bulk petroleum products. b411%31 eilOtl 160 (b) Clearing and Heating Petroleum Lines. Shippers, consignees or vessels ankth in. e thereof are responsible for providing steam or other heating means to assure the pr faspha " id other petroleum products requiring heat. Shippers, consignees or vessels and persrge thereofwill be responsible for clearing all petroleum products from lines located oil or adjacy terminal facility after a vessel completes loading or discharging unless otherwise autl bzgd abornaster. In the event the City of Seward performs any of the abov <ilalned servgices, rakes shall be charged in accordance with Subsection 225 of this tariff and billed, _q the `kfi ipper, • n.§ignee or vessel. (c) Regulations Governing Petroleum Products. Th apfer sohaulk petroleum products shall be made in compliance with Seward City Code provisions;,_ cludmg Chapter q 5 (Fire Prevention and the Uniform fe Fire Code), as well as other local, state and eei* laws, rules Wregulations. (d) Housekeeping. Flammable liquids an 1 hydrocarbd5as Iced or spilled on wharves shall be cleaned up immediately. Vessels or consign shal emove tetiiporary lines immediately upon completion of receipt or discharge of Hamm le �jj `Spjllage from disconnected lines shall be cleaned up immediately by vessel or consigy7 lad Should leakage or spil4 e fla,ai- igmds or hydrocarbons occur on the shiplift system, the permit holder shall be respmiijle to �e that ni2l leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations Ciiy of Seward, Alaska Revision Dole: ne. _1044A ri123. 2012. Effective.'^n,r r r�-- A v 3 2012 10 3� SECTION II - SERVICES AND CHARGES Subsection 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or ariy'bther terminal facility, including the shiplift system, must use sufficient tugs so that vessels can be berthedfokrgmoved in a safe manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by,,t}p HaA-gnnaster. Within the Small Boat Harbor: (a) Assignment of Berths. The Small Boat Harbor is often congested�nd it is tM ohcy of the City of Seward to provide for the maximum public use of available facilit sx' he Harb aster shall have discretion to implement that policy. 2 Berth assignments to particular slips on the City of SewarE"flo''at4ysten i e made by the Harbormaster. Berth assignments are made to a particular combination Messe� and own 1operator, are not assignable by the owner/operator and automatically expire pon sale o iaeer of the vessel to another .;r ov,>tier/operator. A berth assignment is not a lease or an exclusright to occupy any particular slip. in order to maximize the public's use of existing fa * hies, it is Got mon for the Harbormaster to temporarily assign vessels to slips normally used by angTii"er "vessel when't afvessel is out of the harbor. (b) Mailing List for Permanent Slew ssik�?, ni. Dt`�e to the demand for slips on the City of Seward float system, vessels will be assigned p ane lips ased on waiting lists maintained by the Harbonnaster's office. Separate waiting -i $hall nainlofed for the following size floats: VW w �l�eet ( ommodates vessel 12 to 21 feet) 23 fe (acc iodates vessel 22 to 26 feet) 32 fe {accoi nodates vessel 27 to 36 feet) k, 40 feq� (a�¢' o'mmodates vessel 37 to 44 feet) 50 fee.�at Conunodates vessel 46 to 54 feet) ' 7 fe�f(accommodates vessel 55 to 90 feet) Assigriflients to a*' ermanent slip from the waiting lists shall be made 43anuary throuzhN�t June each �c4year by th1,Jjarb master based on the slip size available and the most senior name on the waiting i ist for l here is fee of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) per year per listing on the i waitiq tst(s) for a permanent slip assignment. The wait list year runs November 1 through October 31. .r , {c) PeanentSlip Assignments (1) The Harbormaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. Port and Harbor Tariff Regtdations Revision Date: A wu4. =-4l-I-,iyril 23. ?Ol ), FffectiveAin*&rrdMav 3 2012 11 �1 City of Seward, Alaska Subsection 200 (3) To maximize the use of the Small Boat Harbor, a permanently assigned slip may be assigned to a transient vessel when the pennanently assigned owner/vessel is out of the harbor. (4) Upon the return of the permanently assigned vessel to the Small Boat Harbog�.'prdvided proper notifications are given and based on harbor congestion and the difficultie0jnwo)ved in moving vessels), the Harbormaster will attempt to rearrange vessels so that a ves Nyith 5'permanent slip assignment may berth at that assigned slip. (5) A vessel assigned a permanent slip assignment siet+4tl must noel" arbormaster when departing the harbor for more than five (5) days. If away from Seward''fp more than five (5) days, a pennanently assigned vessel should notify the Harbortq of its efiided arrival date and time back into the Small Boat Harbor. (d) Uroce .Period br ate 2enenrols. enmanent sho hold who faiis t renew b December_31 mav- _ _ - Formatted: Font: Italic bw • - renew prior to January 15 rather ' n r uish 'e s1i �' ' - - --- - provided that I )gall other contractual obligation ., et, d ? at the a livable lran_sientrate. Formatted: Font: Not Italic �. Formatted, Font: Not Italic (c) r eu / rrst car erntanent slipassi ninent. a Yer U� E rz="�ontfaef Formatted: Font: Not Italic WA-h4 .' afi+4 #arfor a new pernianent.lip moorge agreement entered into after.lanuary 1' Formatted: Font: Not Italic the folio vim« rules and charges a 1 If the Customer ha alread3d ,fartransieait moorage _the custgrncr charts �}'tll{ bey, Formatted: Font. Not Italic Formatted: Font: Not Italic comei_tcd .transuejAhaigW tenan .char -es on the effective date of the, 51 assi nment from I he tenant anmlal moorage e sh to be cl r wed on a�1ro-rated hasi� ansl is due. in full pn the date — - -- - ---- - -- ----- Formatted: Font. italic cljslgna,ugnnien " ' Formatted: Indent. Left 0.88", Hanging7� . 0.38", Numbered + Level: 1 + Numbering Style: he harbor h fames the annual, moorage Fee •,', 2, 3, + Start at: 1 +Alignment: Left+ (Z)_- li_the-custom<�i �c�+fir and is i�ot Laid anv mooraee -- . �' be trgcd ott4a r d-basis and. i. m f ull_on the date ,lip,.assianment_ �1, . Aligned at: 0.88" + Indent at: 1.13", Tab shall ch pro -due stops: 1.25", Left 3 As stffC n oar, Jr h 1) and 2 above pro -rated basis shall be calculated by dividingthe Formatted: Indent: Left: 0.88", Tab stops: ant Imo , ae am it by 12 and charging the new tenant 1/12" of the annual tenant moorage 1,25", Left a e len r nth for the rema inder of die calendar yeai 10 bFi!914 theffi R+411e t(4nOnfFeDeWal Formatted: Indent: Left: 0.88", Hanging: is. Ifa sli assi nment occurs durint a calendar month- the nRartial months 0.38", Numbered + Level: 1 + Numbering Style: ll be ch -ed the lesser of the Bail y rate or 1/1 '`the annual amount., ------- 1, 2, 3, _ + Start at: 1 + Alignment: Left + Aligned at: 0.88" + Indent at. 1.1 Tab 3" ` Per c(nent emRorary fTransient1 Slip Assignments_ The_ re are two types ofsli_p assignments at the•, a Hof Sv d Small Boat Harbor. The first is a permanently assigned slip and the second is a transient stops: 1.25", Left Formatted: Superscript Sti,that are permanently assigned to a boat/owner may be used for transient moorage when the a f. pern('rentiy assigned vessel is away from the slip. Formatted: Superscript -- Formatted: Superscript j(00) Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Formatted: Font Not Italic -'Those vessels which have received permanently assigned slips should notify the Harbormaster's office twenty-four (24) hours prior to expected arrival to allow the harbor staff time to free the slip, lf, despite Formatted: Font: Not Italic reasonable efforts, the Harbormaster is unable to clear a permanently assigned slip due to congestion, Formatted: Tab stops: 0.88", Left high winds or safety considerations, a vessel with a permanently assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Vessels entering the Small Boat Harbor which have not, for any reason, received a berthing assignment by radio contact or otherwise shall be restricted to the following areas X float; south side of F float; K float; L float; and city dock. Port and Harbor Tariff Regulations City of Setirard, Alaska Revision Dole: Pig 3,—o" �jri123 ?Ol?.EffecNve.J&-,,; j-^-4Mcrv3 201212 If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is permitted to raft to a vessel already berthed. (Ili) Vessel Registration. All vessels must have a current registration form (Application and Agreement for Transient Moorage) on file with the Harbormaster. These forms must be filed immediately upon arrival at the Small Boat Harbor; however, vessels that arrive after normal Harbonmaster o ce hours must register before 10:00 a.m. the following day. �f 205 MOORAGE RATES (a) Calculation of Moorage Rates. Moorage charges shall commence when a4 set is nade fa4e� l wharf, pier or other facility, or when a vessel is moored to another vessel so berthed'(�l0uig") Charges shall continue until such vessel is completely freed from and has vacate" e berth. A vessel berthed at any time between 12:01 a.m. and midnight shalhfbe hdrVo,'a full day's charge; provided, that the Harbormaster may, in his discretion and,�'jx,roper appeopriate advance notice, waive a daily rate for a vessel that will occupy a berth or fl'Fat fora minim - m time, and, provided further, that the Harbormaster determines that congestion and usftf tIA,puxblic facilities by others will not be adversely affected. ?,.'` Moorage charges shall be calculated on the o I lengt/t f tlrg fi>essel or the length of the float (slip) assigned, whichever is greater. . µ (b) {age Rates. All moorage rates shall be adjusted annually so as to be effective as of .ianti 1; to retleotrth' five previous published years' average increase in the Consumer Price index AI I Item�, 1982-84=100 for all Urban Consumers, Anchorage, Alaska ("CPI") as published by the Unite 'States 1 apartment of Labor, Bureau of Labor Statistics. Bills sent out prior to January I" will` reflect the coining January I" adjusted rates. (For example, 2012 rates reflect an increase bast84bn the aver g I for 2005-2009). Overp^ngtlj�sh I 'coh trued to mean the linear distance, expressed in feet, from the most forward poptgt the stem th' ermost part of the stern of the vessel, measured parallel to the base line of the yp.sseA lengt" sha I include all hull attaclmnents, such as bowsprits, dinghies, davits, etc. F or 71inggptg: ses, overall length ofthe vessel as published in "Lloyd's Register of Shipping" may be used. ThOcify of Seward reserves the right to: "/ btain the overall length from the vessel's register, or (2j Measure the vessel. (c) Transient (Guest) Daily Rates. With the exception of vessel owner/operators who have paid an annual, senti-annual, or monthly fee in advance, all temporary or transient moorage charges shrill be calculated on the daily rate. The daily rate shall be $0.66 per lineal foot of overall length of the vessel. (See Appendix A for a listing of Transient Moorage Rates according to vessel length): (2) Transient (Guest) Annual Rate. The Annual Rate shall be $49.61 per lineal foot Port and Harbor Tariff Regulations City of Seward, Alaska Revision bale M 3, _261,'-E9pril23 3013, /'[jeclive. ++ Iit9c_w3 2DI2 /3 2S (3) Semi -Annual Rate. At the option of the vessel owner/operator, the annual mooragefee may be paid in two equal semi-annual installments of sixty percent (60%) of the annual rate established above. Each prepaid installment described in this Paragraph represents six (6) calendar months. The first installment is clue and payable oat the date the vessel owner/operator completes the Application and Agreement for Transient Moorage, and on or before thefirst day ofany calendar month. The second installment is due on or before thefirst day of the calendar month six (6) months thereafter. (5) Monthly Rate. At the option of the vessel ownerloperator, the annual mogfili fee may bepaid in twelve equal monthly installments of eighteen percent (18%) of the nr�ual r i established above. Each prepaid installment described in this Paragraph re ese tts one calendar month. The first installment is clue and payable on the dat e v2' el owne*erator completes the Application and Agreement for Moorage, and on orreef e te• first flay of any calendar month. The succeeding payments are due on oil before the tt5grlay of the calendar month every month thereafter, k. (d) Moorage Ratcs.forSlip Assignments. Moorage charlntenceoit the date it slip assignment is accepted Charges shall continue until the hot leases o hn1 a lualifying interest in a vessel t "- suitable for the assigned space, until the lA er s (!naafi; pr�until the holder's voluntary or involuntarily relinquishment ofthespa ce. P{eAvmentoflttoa iigeisrequired (See Appendix B,fora listing of moorage rates according to vessel lengtt; Subsection "`, AN � 205 1 (1) The vessel owner/operato ust c let n Application and Agreement forReserved Moorage in the form provid ��v the (2) Annual Rate..F vesse�4 wrier/operator has paid the annual fee based on the length of the vessel, or, the length of flip, ichever is greater. The Annual Rate shall be $45.10 per lineal foot. (3) SenniAr ual Rate. A e'option of the vessel owner/operator, the annual moorage fee may be paid ,in ter, gqual 4i- nnual installments of sixty percent (60%) of the annual rate established 4abdve:, Each repaa installment described in this Paragraph represents six (6) calendar months. The firsfiistall eat is due and payable on the date the vessel owner/operator completes the 4 ppl icauq all greement for Transient Moorage, and on or before the first day of any calendar _d"YY'' mdhth. T e second installment is due on or before the first day of the calendar month six (6) aL'lonthly Rate. At the option of the vessel owner/operator, the annual moorage fee may be paid in twelve equal monthly installments of eighteen percent (18%) of the annual rate established above. Each prepaid installment described in this Paragraph represents one (1) calendar month. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. (5) All permanently assigned berths are assigned on a calendar -year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay the annual moorage fee at the annual rate or in two semi-annual installments, each of which represents sixty percent (60%) of the annual fee due on or before December 31 of Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date. 2"4,A2ril _'3 '01?, Effective +r 1Mm 3 201214 34 the preceding year and June 30 of the current year_A vessel owner/operator may also elect to prepay the annual moorage fee in twelve monthly installments, each ofwhich represents eighteen percent (18%) of the annual fee due on or before December 31 of the preceding year and the last day of each month of the current year. (e) Float Plane Fees. A fee in the amount of TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($26.25) per day shall be charged for float plane berthing in the confines of the SmallAlit Harbor. 210 DOCKAGE = (a) Dockage Period. Dockage shall commence when a vessel is made fast to a 'Oarf, pier or d r f cility, or when a vessel is moored to another vessel so berthed, and shall continue ur1 ml uckvessel is completely freed from and has vacated the berth. No deductions will be made for SundayTs;>r io idays. Subsectionu^ 4' 210 (b) Basis for Computing Charges. Dockage charges will bepessed on over length of the vessel. Overall length shall be construed to mean the linear dis�rce,ressed n feet, from the most forward point at the stem to the aftennost part of the stern of the vessel4ggsured rallel to the base I ire of the vessel. s r For dockage billing purposes, overall length ssel asp Ibli hed in "Lloyd's Register of Shipping" will be used. If no such figure appears in "Lloyd`s:(,egisler'`. the City of Seward reserves the right to: is(1) Obtain the overall length frol�ne s essel's re is or (2) Measure the vessel., (c) Vessels Docked to Repair�Sfa Ot or Fiina gate. The shiplift dock, adjacent and to the north ofthe �' shiplift system, was c,��anstrtY ,� '�d�it?x,�nded primarily to be used for ship repair and maintenance. Vessels being repaiAN shi ,epair maintenance businesses occupying upland facilities at the Seward Marine Industrra nter d],therefore be preferred over cargo operations. Full dockage will be charged if an hen a vess � per itted to make repairs or alterations, shore for special freight, outfit, store or fiat while doFke a't a City dock or tenninai facility. (d) Pr efei A e WRgser vW L ck Use. A vessel may be permitted to berth at a City dock or terminal facility of,thkity of S rd wthout having first made written application for a berth assignment and without ych ari igssignnlq nt having been granted. However, priority is given to City dock use reserved in dvanee v,r;h the-Harbonroaster. Further, any vessel seeking a berth at a city dock for a period longer than;kx (6) i qds mist complete, within twenty-four hours of arrival in the harbor, an Application and Al#eernei for Transient Moorage (see "Forms" in the preface of this document), or have a current copy o£svme file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a penb}',tlo'less than six (6) hours must notify the Harbomnaster's office of such plan prior to arrival in the jaafbor. 4: Nile City docks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities, ' °s/ including the licensed dock area. The dock is to be used first for receiving and delivery offish and fish products to the processors on -shore facilities. In addition, tine East SMIC Dock is to be used first for receiving and delivery offish and fish products to the processor's on -shore facilities. Reservations remain effective if such use begins within twenty-four (24) hours ofthe scheduled use or landing. Late use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival and departure dates and the nature and quantity ofthe freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dare: ter — Anri123 2012. Lffective.A--.Hwt++j-FA9av 3 2012 IS 35 Formatted: Indent: Left: 0.75", No bullets or numbering J Subsection 210 (1) Request for reservation is made on a Vessel Moorage Application (see "Forms" in the preface of this document), indicating berth and date(s) requested. (2) Reservation request must be received by the Harbonnaster a minimum of seven (7) days prior to anticipated vessel arrival. (4) The vessel agent or other person requesting a berth ("berthing agent") must pro id, as may be requested by the Harbormaster as a part ofthe berthing process, to the extent o hisi2nowledge, all information called for by any Supplement to Vessel Moorage Application� se-0.."Forms" in the preface of this document) or any other information respecting the vessel ditding t not limited to, its estimated arrival and departure, amount(s) and type(s) of carQ to e loaded' charged, estimate of amount of each category of port charges, as enum to a party rponsible therefor. The submission of this form, signed by the berthing agent, sh'• 11;6onstitute the berthing agent's attestation as to the accuracy of the information there supplieded upon and to the extent of information made available to the berthing agent �3s th)� iine of s�binission; and the berthing agent shall be held Y personally liable to the City of Seward for any the agent's failure to so report accurate City of Seward as a result of Should the berthing agent, subsequent to'Submissioi?' of this form, receive information which materially differs from the r ation preJ 3I , ovided, and which information the agent reasonably believes is not e ly known to thg-Flarbonnaster, it shall immediately notify the Harbormaster and, if requ c by the Harbormaster, promptly file an amended Supplement to Vessel Moorage Applica on wise Harbormaster. h�. (4) Harbormaster will etq�r�l ine ailabiiafy of dock space and dates requested. Should scheduling conflicts be fowstT' Flar'c1%b}t} ter shall mediate a resolution which will attempt to minimize negative impao"fS>gn bt,(or all) parties. (5) Full dockage fees af(RopablE to the City of Seward at the time of reservation. Prepaid dockage fees "-e non-ref�t lgfe unless a written cancellation is received by the Port a minimum of fo en days for to scheduled vessel arrival. (See also Section I, Responsibility for ,a Co ti and Guarantee of Charge.) ...estima s o terminal charges are subject to approval and/or adjustment by the Harbormaster. :@ TIiIF;arb raster shall promptly, after receipt of said estimate, advise the berthing agent as to (1) F i its ap al or adjusted estimate of tenninal charges, and (2) whether posting ofeash or security is •goired for anyone or more categories of such charges and the amount thereof. <% ,._ (7) n agreement is made to work continuously utilizing not less than day and early night shifts (first ' and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent available in accordance with circumstances then prevailing. (8) In addition to the terms for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local rules and regulations established by the City of Seward. (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circumstances, the vessel may unload its cargo only if (I) the Harbormaster determines that a regular Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dine: 4 g--21W4April3.3 20/2 %Jfec ive,JarrNa+a=EMati 3 2012 /6 RE berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions of berthing, if no regular berth is available or the vessel owner or agent does not pay all applicable charges and comply with other applicable provisions, the vessel may not unload its cargo and shall sail on the next tide. The vessel shall be assessed appropriate fees as set forth in this tariff. (t) Charges on Vessel Shifting. When a vessel is shifted directly from one wharf or berth t(Lanother wharf or berth operated by the City of Seward, the total time at such berths will be considgi!ed tbgether when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel, when actively engaged as a q1(boat assistiK1gand made fast outboard of a vessel loading or discharging cargo, will be accorded £ife%,;docPape. y g.x"ts. NOTE: Tug boats leaving a tended vessel for the purpose of assisting.any other essel shall have waived its right to free dockage for the entire period of berthing by its tendc�L�spl i (h) Notice ofNa_ardorts Cargo and Permit Requirement. Noygs&hall beMn to the Harbormaster of any i vessel carrying cargo which is hazardous, extremely flaable>.:orrosiv explosive or otherwise poses a significant risk of harm to property or persons at least tvvet u�; 24) Iwurs prior to landing or use of docks The Harbormaster, at his sole discretio y, issu ape t for dock use if he finds that sufficient precautions have been taken to mini e anyQtent tal:,Q s presented by such cargo. (i) Dockside Lay Time. Dockside lay time may be abJ�gwed as'cheduling permits. However, all vessels must be removed from dockside within gee (3) hour . gf re eeivmg notice from the Harbormaster or his agents. 215 DOCKAGE RATES 4 , ks (a) Daily Dockage Rate. TheX(}age c dock e for all facilities outside the Small Boat Harbor is as follows except as oth(VW1se p'ovyddr� ;rail Lennizth ONVessel Daily Charge Per Foot f to Soo ft. $0.66 +fr t $0.66 { Dai'rge t§ for any period of twenty-four (24) hours. However, in computing dockage �J�ya iod of dockage less than twelve (12) hours, dockage charges at one -half (1/2) of one hall be assessed. For any dockage period greater than twelve (12) hours and less than ours, a full days dockage shall be assessed. >, A�b;�thly�4ockage Rate. A monthly dockage rate equal to one-half (l l2) of the total daily dockage rate for op`month may be granted as follows: (f) Tug Operators. Vessels employed solely in the business of providing tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbormaster for monthly dockage rates. (2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request, allow prepayment of a monthly dockage rate at the Shiphft Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair; and Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date:Aiogiisl-3.24".4Dri!?i.2012Effective.'a,,,.;,.+4Mavi 201217 ai—] (ii) The monthly dockage rate is paid in advance by a Rill 30 days; and (iii) The user shall not be entitled to a refimd for any reason including user's departure during the 30-day period or rescheduling of the dock use by the Harbormaster to other vessels in need of repair or maintenance. (c) Automatic Annual Adjustment in Dockage Rates. All dockage rates shall bvdl ted annually so as to be effective as of January I", to reflect the five previous published yet s`%-erage increase in the Consumer Price Index, All Items, 1982-84=100 for all Urban Conen.4 An age, sui Alaska ("CPI") as published by the United States Department of Labor, re ' of Labot St�atisties. Bills sent out prior to January 1"will reflect the upcoming January 1s.'A�F13uste aces. (F example, 2012 rates reflect an increase based on the average CPI for 200� 9). 220 HANDLING, LOADING AND UNLOADING Handling, loading and unloading services are provided by indep Eiden Agents at trfl terminal facilities covered by this tariff. A Terminal Use Permit is required and G ila le [o qny quatffied agent desiring to provide longshore services at the terminal facilities of the City ®$"Seward a thc7x rtn provided by the City. i" "� R e for"' 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed ;t diti to any other charges set forth in this tariff, for all labor performed by City personnel and for eciflc vices�ovided by the City of Seward or its agents. Service charges do not include charges for dock wlt �ge harf demurrage or handling. (a) Specific Services. Th 22,1ollMhedtto ll apply for services provided by the City of Seward. (1) Potable water fiirryse els �� (1) -`'fses5 than 1,0,00gal'lons from harbor facilities not requiring City assistance or use of fire Alx ervijFin excess of 1,000 gallons (1) During regular business hours: BASIC CONNECT CHARGE - $52.50 (2) Outside regular business hours: BASIC CONNECT CHARGE - $105.00, In addition to (ii) above, a variable rate of $6.3M ,000 gallons shall be charged for potable water. tricity - Small Boat Harbor (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. _ _. Electricity (per kilowatt hour). ........ ... ........... ...... ................__.. $0.23 Customer charge (per month).., _ . ... _ _ _ _ _ ...$ $18.19 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee.. .. _ ... ... . _ _.None Port and Harbor TorrffRegulations Revision bate: AHD "', ""'Anril2.i. 2I112, lffec/ive.lea c+rH l 9nr 3 20/2 /3 3� City of Seward, Alaska 19 Electricity (daily rate) .................. ...... ...... .. _.......... _.... . 120volt ...... ...... _... ..... ......_......._....... .. ..... .,. ......... $10.00 208 volt/single phase.... ........... ........... _.._ .. _.._ _.. _ ___$20.00 208 volt/three phase ............... .... .......... ..................... . . .$40.00 Customer charge (per month)... .... ..... .. .... .. _ .... ... ......None 00 City the rates ;o in ning s for is or the other clear Subsection E 225 (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for a workday between the hours of 8:00 a.m. and 5'.00 p.m., Monday through Sunday. When over- time or penalty time wages to labor are necessary, rates are adjusted to include such penalties or differential rates. Port and Harbor Tariff Regulations City of Seward, Alaska Revision bare: -Er cM-' _'Fbl-1-Aeril 7? 2012. Lffective, rr�tr H +-Ph�a�.4 201219 2 `� ` When a user notifies the Harbormaster of a request for labor for a specified time, and labor is on the job and ready for work at that time, the use shall be charged from the time the labor is ready for work until the work is concluded even ifthe work is delayed, provided such delay was not the fault of the City. (3) All labor provided by City personnel shall be charged at FIFTY TWO DOLLARS AND FIFTY CENTS ($52.50) per hour straight -time (no premium) and SEVENTY-EIGHT DOLLARS AND SEVENTY FIVE CENTS ($78.75) per hour overtime. Work requiring call-o,}tt- sha{I be charged at a minimum of two hours at the overtime rate. (c) Equipment, When the City utilizes City equipment to provide services u er this subse• one it will charge users for the cost of that equipment on an hourly basis at the rates c d'rged capital %prgj 'ts within the City of Seward for similar equipment. a� (1) Loader ... ......... operator (2) Grader . ..... _. $6& 5 plus operator Subsection (3) Oil Tanker.... _ _ ' . $47.25 r. 225 h (4) Pickup Truck .......... ... .. ri .<< ...... $ 8.40 plus operator (5) Crane Truck _ `. ............ _ $12.60 plus operator (6) Flatbed Truck.. Y.Y._.... ... �; .. _........... $15.75 plus operator , (7) Dump Truck. ,'I: .'xy.:. _ _... $47.25 plus operator (8) Back Hoe ...... ... _ .... ... $31.50 plus operator (9) Pumps . $31.50 plus labor ..... _, . 4f (10) Smart. hBurner t .._... _ .__.$31.50plus labor u (11) M ,c Po quip ent............... .......... ......................_ .. ....... $31.50 plus labor 7. (d) Sp�tdl Service -Na1 where otherwise required by law, the Harbormaster has the authority to refuse prose or to a ange for the provision of services in addition to those set out in Paragraph (a) above. Speeil ser5i including waste, or garbage disposal shall be billed at the City's actual cost plus 3S% imst ar i e overhead charges (including City labor costs as determined in Paragraphs 2 and 3 above) sh(1oclude the�akin ror handlin r of gewaoe of are k!nd bSewa ve des os Itmust be accomelished Fe y' g g g Y g P P lay,,,h vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and (e)e Miscellaneous Charges (1) Meter test, each., when previous test occurred within24 months ........................... ........ ... .............. .. ............ ,....... ..._. ....$ 52.50 (42) Deposit . ............................ ..... ...... ................ ... ................ ...... .......... ... ... ...$100.00 (33) Tampering with or unauthorized breaking of meter seal ._.... _...................... $525,00 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: 4wgfr.w-4 �4,4prd 23, 2012, Effeciive..4anw4+rPM_v 3 2012 20 L�o (64) Dishonored check fee __ ... (75) Reconnection after disconnect of del inquentaccount ._._____. 230 PASSENGER FEES $35.00 $ 42.00 (a) Fee. In addition to other tariff provisions, the terms and conditions of this item a�plyysnd charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vessels, and a her v s, els carrying p g P g g l �� ry g passengers for compensation. A passenger fee of $3.50 per passenger shall b aN for eab� senger embarking or disembarking a vessel at a City Dock, as such term is defined ira--- S4bsect�n 100 he�`reof. The passenger fee is assessed once per passenger per excursion regardless of whether t' , assenger excursion is one-way or round-trip. As used in this subsection, "compensation" mean$,payment 4 (he vessel owner or operator whether by charter or through fares paid by or on behalf of passen``ers jtes.200-- 93) Subsection,,.. r 230 (b) Filing of forms and payment of fees. Prior to January I o year, o eratorS of affected passenger vessels shall complete a passenger fee registration form provid 'y the City P ssenger fees shall be paid and reported to the City monthly, on a form, and in a manner, provided 'y', ie ,9v4ithin 30 calendar days of the month following the month for which the fees are due Th. C ri require more or less frequent filing, depending on the account status of the filer. A retur rust be tiled evei,period, even if no transactions have occurred. Failure to file a return is subject to a missed f1' ig fee ci 'k5 for each missed filing. Failure to remit all taxes collected or later found to be due by tie due date��#' �ubj et to a penalty in the amount of 10% of the amount owed, plus interest charged at the i ununr rate allo,Yeby law per year, compounded monthly. (c) Failure to file. When an operator, f ils 00, �a return or when the city manager finds that a return filed by an operator is not properly supported th . ity 1 ahager,�a ay prepare and file a return on behalf of the operator. Passenger fees estimated on a returtr l}led onehalf t the operator may be premised upon any information that is available to the city man4 e'r ui- udifithput limitation, comparative data for similar businesses. An operator for whom an invdfu%tary re , n is filed under this subsection shall be liable for the passenger fees stated on the return as well as ai y �ppIic e penalties and interest as stated in 230 (b). 231 CAPITAL RENEW AND R`F�P)�ACEA4ENT FEE Fee In addittlpher .off prtsions, the terns and conditions ofthis item apply and charges are assessed to all vessels payurg oo ag 4 d/or dockage in the Seward Small Boat Harbor. A capital renewal and replacernenf will bed ses5ed to each vessel according to overall length. The fee will apply for each calendar 11101 ilfractf there in which moorage and/or dockage charges are assessed in the Seward Small Boat or. Ha H r,Tte fee e pre -paid with moorage, or will be billed accordingly, as follows: „ T, 3. 0 --e r month or fraction thereof: Vessels 0 to 21 feet 0.0 ee per month or fraction thereof: Vessels 22 to 44 feet F 51,f1 fee per month or fraction thereof: Vessels 45 to 79 feet :' x $20.00 fee per month or fraction thereof: Vessels 80 feet and longer 1`e4sfor transient vessels shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vesrsel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing), to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY ONE DOLLARS AND TWENTY FIVE CENTS ($131.25) per hour for Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: An,5iW 3,4044-A rril 23_20/1 Effective , anuat 3 !-LWay, 3 2012 21 4 ` the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. 240 BOAT LAUNCH RAMP FEES (a) Operating Policy. The City owns and provides access to public launch ramps. Access to those ramps is generally on a first -come, first -served basis, but the Harbormaster may deviate from that policy or refuse access to a ramp when, in his judgment, the public interest would be servedth`aceording to his determination of the following factors: ., (1) The degree of existing or potential congestion in the harbor includin piand story areas and whether the proposed launch or retrieval will affect that congestio nd (2) Whether the launch or recovery poses a risk of loss of publi p or private -perty. Subsection .0, ._s `$. 240 (b) Launch Fees. Vessels shall be charged TEN DOL Si`aunch from the public launch ramps, or vessel owners or operators may obtair�afi a+maJlatst permit sticker for ONE HUNDRED DOLLARS ($100.00) entitling a specific ye reel and owPer fl -faunches from January I through December 31 of each year. This fee excludes vessels prope llI d solely by human power, which shall pay FIVE DOLLARS ($5.00) per launch,, r FIFTYI S ($50.00) for an annual launch permit. Annual fees shall not be prorated, a t t Harbo i a9 ill issue annual permits upon receipt of a completed application and paymeref�6r 245 PUBLIC SHOWERS Public showers are available n a dray in the restroom facilities located in the Harbonnaster's building. The showers are cdig-op�er d, an '*—fee is TWO DOLLARS ($2.00) (eight quarters) for 7 minutes. Change is available in the Ha east office during regular business hours. 250 50-TON TRA (a) Ope+a,�ng PoicyThe owns and operates a 50-ton Travelift in the Small Boat Harbor. The Ha Snnaster gear erelt - hedules vessel lifts on a first -come, first -served basis, but he may deviate from that p(1 cy or re e a if4 when, in his judgment, the public interest would be served. In making this nPblic iYerest fi�ing, the Harbormaster will consider the following factors: -ee of existing or potential congestion in the harbor, including upland storage areas, and the proposed lift will affect that congestion; and Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people. (b;i" Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement in the form provided by the Cite) having first been completed. It shall be the responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: Alft,rs+3,2444_Ipri123 L 2 Effective.�v+vi+e+�-IMuv3.201222 L�a (3) Location of all hull attachments and through -the -hull fittings including propeller shafts, rudders, etc.; (4) Location, weight and type of ballast, fuel and water tanks; and (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be present during V', ssel lifts and must inspect and approve the City's proposed placement of lift slings, lines and destipafkon lotion. it is the responsibility of the vessel owner/operator, or his agent, to provide all bloc f naterial!�1,�g block the vessel, and to approve the placement of the vessel on said blocking. It is ;so thehresponsilr jty of the vessel owner/operator, or his agent, to assure that any vessel cradles or trail e g upoiiivhich the vessel is to be placed are adequate in design and strength to safely accommodate the ve"srsel It is the responsibility ofthe vessel owner/operator to assure that adequt _ hardline l0es are placed and manned on the vessel upon its return to the water.;,,, ' Subsection 250 { (d) Dockside Lay Time. Dockside lay time may be 11ts wed as sCij dulin permits. However, all vessels must be removed from dockside within three diours of reFgervin notice from the Harbormaster or his agents. „ 255 50-TON TRAVELIFT FEES (a) Description of Charge. The li ee r ,.-- is gee, or lifting a vessel from the water or the land utilizing the City's 50-ton Travelift. A se ate ,i . e'ers ' ncrated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift es d ,r include overtime labor charges for operation of the Travelift system as desoca$i'sy t)on,125 of this tariff. (b) Lift Fee``T% `• y, .fir (1) Minin,7St��'' �t�,Fee. The i34#oiun fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS AND TW NTY FIRE GENTS ($236.25) for the first hour of use or any portion of time less than pnellcl-g, Re -lift e will be determined by the overall length of the vessel. A ftdl lift fee is earned'orige a 4101fas commenced, even if that lift is subsequently interrupted, suspended or ':canceled f`', any reason. The risk of loss because of a suspended or canceled lift by reason of J' meehanic failure or difficulty with the Travelift system is the responsibility of the vessel p rator, Once a lift is scheduled and the boat owner fails to show or cancel the lift at least 'on hpur prior to the scheduled lift time, the minimum lift fee will be charged. *. (2) dditional Lift Fee Rates for Large Vessels. In addition to the minimum fee, the i ift fee steal I be 3 TWENTY ONE DOLLARS ($21.00) per foot of vessel length for each foot over fifty (50) feet f y during the first hour of use or any portion of time less than one (1) hour. (3) Second and Additional Hours of Lift. All time in excess of one (1) hour shall be charged in fifteen (15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS ($59.06) per one -quarter (1/4) hour or any portion of time less than one -quarter (1 /4) hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FiVE CENTS ($236.25) per hour. 260 250-TON TRAVELIFT Pori and Harbor Tariff Regulations City of Seivard. Alaska Revision bole: Ahi.gm r 3:-204- -:4) .il 23,-2012 LfJeGiveJenartr I-Mav 3 20/213 L (a) Operating Policy. The City owns and operates a 250-ton Travelift in the Seward Marine Industrial Center, The Harbormaster generally schedules vessel lifts on a first -come, first -served basis, but Ire may deviate from that policy or refuse a lift when, in hisjudgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and r (2) Whether the lift poses a risk of loss of public or private property, includir pote�tjal damage to the Travelift or other city property and/or a risk of injury to people. ;,. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a`>nggtlfbagreen form provided by the C•ihaving first beetu mpleted. It shall be the responsibility of the vessel owner/operator arranging tli%I"ift t4pl )vij' 'tile Harbornaster with all relevant information to conduct a safe lift including, but not 1111, ted to4�4 e following: Subsection; 260 . (1) Vessel displacement; (2) Vessel hull type and configuration. (3) Location of all hull attachment through= hUll,'Tittings including propeller shafts, rudders, etc. (4) Location, weight and ty of a j sf if el' nd water tanks; and �Ss (5) Any special lifr re i�irement avo'fi�. ssel damage. 1 m (c) Responsibilities. TI}oissel er/operafor, or his agent, must be present during all vessel lifts and must inspect and approve the • s p osed placement of lift slings, lines and destination location. It is the responsibility f the vesse weer erator, or his agent, to provide all blocking materials, to block the vessel, and t© prove the ppfa " e'nt of the vessel on said blocking. It is also the responsibility of the vessel owner/op ator, or hrt aent, to assure that any vessel cradles or trailers upon which the vessel is to be Ofee ad iate design and strength to safely accommodate the vessel. It is A responsrb ity of the vessel owner/operator to assure that adequate handling lines are placed and in3nned ` the v sel upon its return to the water. 11 (d) D ride aj+''Time. Dockside lay time may be allowed as scheduling permits. However, all vessels ntps.t be r .loved from dockside within three (3) hours of receiving notice from the Harbormaster or his 265 ''<t3j0_T0N_TRAVELIFT FEES Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250-ton Travel ift shall be THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) for the first hour of use or any portion of Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date r4ag (�{F i/23�?0/? Fffective•yanyary4LIgv..3 20122-1 Fri F5 in time less than one (1) hour. The overall length ofthe vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even ifthat lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for- Large Vessels. For all vessels over FIFTY FIVE eet in length, an additional TWENTY ONE DOLLARS ($21.00) shall be charged for eachfikt ofvessel length over fifty five (55) feet during the first hour of use or any portion of time 1190 ti '"`,:one (1) hour IN, ' (3) Second and Additional Hours of Lift. For use of a lift in excess of )1 ur, a fee a THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($ 346.50}r r shall becharged. This charge shall be assessed in not less than fifteen (15) u mute incre is of EIGHTY SIX DOLLARS AND SIXTY THREE CENTS ($86.63) and shall nerated one -quarter (1/4) hour or any portion oftirne less than one -quarter (114) hour. (4) Relocation Fee. Relocation of all vessels on theAlahi shall b charged at a rate of THREE HUNDRED FORTY SIX DOLLARS AND FIF'I'�';;CEi?..ITS ($34 �0) per hour. 270 SHIPLIFT FEE (a) Description of Charge. The shiplift fee is the h r' e for I ift' a vessel from the water and returning it to the water utilizing the shiplift. (b) Lift Fee. The shiplift fee shall be)), ed up vessel length. A full shiplift fee is earned once a lift has commenced, even if that I ift is s�rbsegii 1 m er . ipted, suspended or canceled for any reason. The risk of loss because of a suspended otcan leaf lift ' reason of mechanical failure or difficulty with the shiplift system is the resp9,Mibihty ,the p4�t holder and the vessel owner. (c) Basis for Computing,Gharge ..The s ip'1"rft fee will be determined by the overall length ofthe vessel, Overall length shall brue 9p mean the linear distance, expressed in feet, from the most forward point at the stem to the afteiost pof the stern ofthe vessel, measured parallel to the base line ofthe vessel. For sh phtl fg� pc sees, erail length ofthe vessel as published in "Lloyd's Register of Shipping" will be us$d If no Etch fi ' appears in "Lloyd's Register", the shiplift operator reserves the right to'. ys Obtain th bveralI length from the vessel's register, or 2) ''M6esu'e the vessel. (d;) Prefe,G ce to Reserned Use. Priority is given to shiplift use reserved in advance with the shiplift operator. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use. Late use or arrival will be rescheduled on a space -available basis. Reservations must <specify arrival and departure dates and the nature of the work to be performed. A permit holder may secure a reservation under the following conditions: (1) Request for reservation is made on a Vessel Shiplift Use Application (see "Forms" in the preface of this document) indicating rail and date(s) requested. (2) Reservation request must be received by the shiplift operator a minimum of 7 days prior to anticipated vessel arrival. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: hxgeru- ?A ril 23. 101 EffecOve Jaiiitai- Wav 3. 2012 25 L�s (3) The permit holder must provide, as may be requested by the shiplift operator as a part ofthe lifting process, to the extent of his knowledge, all information called for by any Supplement to Shiplift Use Application (see "Forms" in the preface ofthis document) or any other information respecting the vessel including, but not limited to, its estimated arrival and departure, amount(s) and type(s) of cargo on board, and estimate of amount of each category of port charges, as enumerated. Time submission ofthis form, signed by the permit holder or his agent, shall constitute t�li;l;��',+D�ennit holders attestation as to the accuracy ofthe information therein supplied; and the pennithMaer shall be held personal ly I table to the ship] ift operator and the City of Seward for any financrj�11OSS suffered by the ship) ift operator and City of Seward as a result ofthe permit holder's fai]u�r 0 re`p' r accurately. Should the permit holder, subsequent to submission of this form, €�eive inforni- n which materially differs from the information previously provided, and wc. inrmation permit holder reasonably believes is not equally known to the shiplift operator, r I immediately notify the shiplift operator and, ifrequested by the shiplift operator, pre tly file a vended Supplement to Shiplift Use Application with the shiplift operator. (4) Full lift fees are payable to the shiplift operator at the 'alb f reser tion. repaid lift fees will be non-refundable unless a written cancellation is ried � the A lift operator a minimum of fourteen (14) days prior to scheduled vessel lift. (S 'al, ,..he, lion esponsibility for Charges, Collection and Guarantee of Charge.) 7 , . Subsection# 270 w 4 (5) All estimates of charges are sub t to approvahanr adjustment by the shiplift operator. The shiplift operator shall prompt , after receipt of satd estimate, advise the permit holder as to (1) its approval or adjusted esti f I' h rges, and (2) whether posting of cash or security is required for any one orb re ca" ories o such charges and the amount thereof. (6) An agreement is F p wor`kmconir pously on moving the vessel through the shiplift system utilizing not lest tha ar night shifts (first and second shifts) and equipment to the fullest extent able accordance with circumstances then prevailing. (7) In add,in to the ten 'k;forI enervation and establ ishment of financial responsibility as set forth here]fi R, nests for ift �servation and assignments of] ifts shall otherwise be in accordance with alj o al rul and r ulations established by the City of Seward. (e) BeA, -'May bQ� nte�d efore Payment. For safety or other reasons, the shiplift operator, in some cunfs�ances, r allow the lift of a vessel before the permit holder or agent has paid all applicable chafges o he rse complied with all applicable tariff provisions or conditions of lifting. (f) 44(3pecti.o .of Vessels on the Shiplift Platform. Except in extraordinary circumstances and with the prior rtf epjaTova f the Harbormaster, vessels are not to be inspected on the shiplift platform. All vessels are to belt : utilizing a moveable cradle system. Inspections of] ifted vessels are to be limited to ascertaining nth vessel is properly positioned on a cradle system and ready to be moved through the shiplift system rya. to a repair booth. Repairs to Vessels on the Shiplift System. Vessels may not occupy the ship] ift system for the purposes of repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be permitted to occupy space on the shiplift only with the understanding that it shall be moved when the shiplift system is needed for any reason, including maintenance of the system. A vessel on notice to move which refuses to move will be assessed lay charges at TEN (10) times the normal rate, starting at the time the vessel is noticed to vacate. In addition, vessels refusing to vacate on demand may be moved Port and Harbor Tariff Regulations Revision Dale: rkw}r6;l-3, -204April23. 201?. EffeclivedaaaeNj-4M 201226 City ofSemaard, Alaska by shiplift operator personnel or otherwise, and any expenses, damages to vessel or to other vessels or shiplift system during such removal shall be charged to the vessel so moved. All vessels using the shiplift system without proper authorization must be removed on receipt of notice from the Harbormaster of his agents. (h) Notice of H=rdous Cargo and Permit Requirement. Notice shall be given to the ship]' operator at the time of reservation of the fuel, ballast and any unusual weight distribution or structur re�q"uirements for lifting each vessel. Notice shall be given of any vessel carrying cargo which is'Pizaious, extremely flammable, corrosive, explosive or otherwise poses a significant risk of harp open persons at least twenty-four (24) hours prior to landing or use of the shiplift system. ,"�11e stiplift operator, at his sole discretion, may issue a permit for shiplift system use if he finds that suffeient" aution. have been taken to minimize any potential risks presented by such vessel. 0) Dockside Lay Time. Dockside lay time may be allowed as scheduling permits fTp ever, all vessels must be removed from dockside within three (3) hours of receiving ni ce~ ft,,tixe shiplift operator or his agents. X4 4 (j) Lift fee Rates. The lift fee shall be TEN DOLLARS 4E %FIF . CENft ($10.50) per foot of vessel length. This fee does not include labor charges erati$i of ik?giplift system as described in Subsection 225. This fee does not include any ily Ia ,grX0M. Described in Subsection 265. 275 DAILY S141PLIFT LAY CHARGE 280 (a) Description of Charge. The daily)14cha .:ge, is the charge for vessels either on the shiplift system or upland of the shiplift system o epairi>„ hs. (b) Lay Fee. Daily lay char es�sl ll be sed o' w e dumber of complete or partial days a vessel is on the 9 shiplift system or uplafld o) ie aE ch day commences at 12:01 a.m. In computing daily lay charges for less than .lours, y charges at one-half (1 /2) of one full day's charge shall be assessed. For any lay time greater 1"an 12 urs and less than 24 hours, a full day's lay charge shall be assessed. (c) Basis for Cod4ting Char es fi 6 daily charges shall be assessed against a vessel regardless of vessel size or length. (d) Rgtd': The dail cliarg' is TWO HUNDRED TEN DOLLARS ($210.00) per day or a portion thereof. �Y-sse,rsi�using si rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS ,� ($315.00 £ r d)or a portion thereof. ArebLandAvailable. The City of Seward will make available a limited area of land in the Small Boat %rb�or and the Seward Marine Industrial Center (SMIC) for storage of boats or boats on trailers subject Tthe following conditions: (1) Space is made available on a first -come, first served basis. (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster. (3) Subject to City of Seward policy and procedures, vessels undergoing active repairs may use upland storage space. Charges assessed depend upon the nature of work being conducted. Port and Horbor Tariff Regulations ti'evisionDate-lrrwrs ' 2i ALA!riI2? 2012 h,'Iecove..Jan*w+ A1fyv3, 201227 l� City ofSevvard• Alaska (b) Calculation of Rates. Charges shall be based on the overall length of the vessel or trailer (whichever is greater) and shall be based on a per -calendar -month charge. (c) Lay Time Rates (1) Small Boat Harbor. Lay time for upland storage in the Small Boat Harbor shall be charged at a rate of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for stays often (10) days or less in any calendar month. For stays of eleven (11) days or more in any calendar month, t .XyNrne shall be charged at a rate of NINETY ONE DOLLARS AND EIGHTY EIGHT CENTS 9'f 8) per calendar month for a vessel, trailer or cradle up to fifty (50) feet in length. The monthly ges fo�- rger vessels shall include an additional ONE DOLLAR AND FIFTY EIGHT CENTS($�per footteaeh foot over fifty feet in length., ,.LL ( l)------- Seward Marine Industrial Center. Lay time for upland storageinthe Sewed Marine Industrial-- Formatted: Indent: Left: 0.63" j Center steal I be charged at a rate of 4Aeen-ten cents ($0.1 US) per linear1kipt of the gveral I length of the vessel per calendar day. For stays of longer than one vear -1 RA�<mse+tq•the lay time shall be charged at a rate of fl44y-twen cents ($0.2030) per ImeyJ'oot of tilerail k`ingth of the vessel per calendar day after one vear.the 1go"-day'- ' F ✓ -Formatted: Indent: Left: 0,63", Tab stops: (d) Empty Crodles/Traders and Equipment. For p ,Vses 0. tbis tariff a vessel trailer or cradle or 1 Left equipment stored beyond a 10 foot radius of vessel(n0lall' e pleasured and charged thirty cents ($0.30) per square foot per calendar daymon , y radles, Villers- r equipment placed or remaining on the upland storage area prior to or after a vessel rs tored s11:11 generate storage fees at this rate. 285 WHARFAGE 1h (a) Application of Charge. Wharf rates: fined i4is tariffwill be charged for all merchandise received over the city docks of the City Sew, an "ill be in addition to all other charges made under provisions of this tariff, )4GT: No wharfage shall be-& rged shtp's gear, such as strongbacks, lines, hatch covers, walking boards, etc., placed on wharf duni3 unl i g operations. Fuel handled over wharf will not be considered as ship's stores a)1,6 will be sub}.$gt to, harfage and other charges that may be incurred. (b) Over -side One`I f of wh rfage named herein will be charged to merchandise discharged or loadetl+over-� of sss irectly to or from another vessel or to the water when vessel is berthed at a (c) Ou�r-s1JR%1 Ca o. Over -stowed cargo destined for discharging at another port will be exempt of N hW hhtf�ge c iass provided that such cargo is not removed from wharf prior to reloading to the vessel. 290 ':1 1IAi2'1?&PE ATES X r� r �ja$dule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of F 2;000 pounds or per 40 cubic feet. -'ter: �' 3 Commodity Wharfage Rate FreightN.O.S....... ................................. ..... ....._._...... ._ ............. ... ...... ... ..$3.15 Scrap (iron, steel) ............. ........... . ___ ... _ __.. ___.. _.$ 3.15 Raw fish, unprocessed . ........ ........................... _,................. ..$ 3.15 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: 4,4 Nl April 2i. 3U12. !:'ffecrive dt++vae wr 469ai 3 201228 i Poles, logs, cants or cut finished lumber per MBM (Note: 2,000lbs shall be deemed 1 MBM.. __.. __. .. ..... _.._.... .$ 3.15 Petroleum products (inbound) per barrel _..... ,... ._ .__ ........,. __. _..$ 0.18 Petroleum products (outbound) per barrel _ ...__ ... _ . _.. _._ _ ...._ _ . $$ 015 Petroleum products (gasoline) per gallon ......................... $ FU U15 XYam^ Petroleum products (diesel) per gallon ....................... ........... 9.OF1o0 075 Plastic material .. ......... .......... ...... ..... $4.2p'." w Explosives ..... ... .......... ..... . . _ ..... n ... $ 26.25 Vans or containers (net contents weight) ........... $ 2.10 Vehicles (gross vehicle weight.... _.. $ 525 _.... .. f y Bulk gravel Bulk salt $ 0.89 (b) Discount Rates Based on Guaranteed menu Op'onypproval by the Seward City Council, those shippers who guarantee minimum le 's o wharfage paypsents regardless ofactual shipments may obtain a written prepayment agreement he fodd )rovided .� the Cit to this wFifl'). The discounted rates shall be follo' ased t., a guaranteed annual payment of at least $250,000 regardless of volume shipped: Timber and timber prgductsirs'tf10 tb................ $ 1.58/ton Next 80,000 tons Fes` ..... ....._....._____......................................... $ 1.31/ton use 4 Excess over'No, HQ 000 tons............... $ 0.53/ton .................... 295\riiARh D1hL12CZkGP -. (a) �scr ptti17 of C rge. A charge will be assessed against cargo remaining in or on terminal facilities After the exgirati i of free time, unless arrangements have been made for storage. (b) fr culatts n 6 Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free x urne sta at 7:00 a.m. after freight is received or unloaded onto wharf from car of truck or, in the case of freit91 eceived from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the { . z day:,or days vessel is loading are not included in the computation. On inbound traffic from vessel, de)ivery of which is made after the allotted free time, the day freight is Ioaded out or delivered to truck or car is to be included in the computation as a storage day. When freight is transshipped between deep-sea vessels and involves application of both a long and a short time period, the longer period shall be allowed, but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time often days will be allowed on all outbound traffic. Port and Harbor Tariff Regulations Revision Date: Ati : �T. 2044 20/1 T fective.,lanrrt4!�,4A v3 201119 LO' City of Seward, Alaska (d) Rates. After expiration of applicable free time, wharfdemurrage will be assessed at the following rates (per day, per ton (2,000 lbs.) or portion thereof): Commodity First 5 days After 5 days All freight, N.O.S. $ 1.26 $ 2.52 Mobile homes, portable buildings, living quarters $26.25/day/unit $105.00/dayhmitz Upon prior arrangement with the Harbormaster, upland storage will be bilKNmonibly at a rate of TWENTY-SIX CENTS ($.26) per square foot for each month or fraction thgAof after exp%Vn of free time above. (e) Lay -Down Areas. All cargo is expected to vacate city docks, whary and piers`I' oon upon arrival as possible. Cargo is not to be stored on city docks, piers and wharvesa"g picky vessels unless prior arrangementsm are made with the Harbormaster. The Harbonn ' ter a e the discretion to refuse all cargo activities and/or lay -down, either inbound qjboimd. rgo that is allowed to wait for "beyond" transportation shall adhere to the followings: (1) Lay down areas are outside of 100' of wat Q�tfuntnediatladjacent to the dock, wharf or ramp. s,;r (2) Cargo may not be placed on the city docks or;tennmatfaciIities except in the designated lay -down areas. r� (3) Cargo and freight not placed degated lay -down area must be immediately removed from a city dock or terminal faty uporiorder otthe Harbormaster. (4) A vessel, shipper �s nee who'r 'fuses to move cargo on demand will be assessed wharf demurrage at fi,y in' ifs'a g,*, 1 rate, starting at the time the vessel, shipper or consignee is noticed to moti65" e. ca (5) In add n, the H�arb.Vast r may, in his discretion, move cargo or freight, and any expense or damcluding dag'e to cargo or freight during such movement, shall be charged to the vp�g), sh Viper or cLstgnee, except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations Revision Date: 3 L ril l3. 20/?. Effective • rro !-MM 3 201230 �4 City of Seward, Alaska PORT AND HARBOR TARIFF REGULATIONS - 20122013 RULES, RATES, CHARGES AND REGULATIQAi FOR PORT AND HARBOR FACILITIES CITY OF SEWARD, ALASKA SEWARD BOAT HARBOR, SEWARD MARINE„Qg N1r'.2xtiNl2`HIP LIFT SYSTEM CITY OF SEWARD P.O. BOX 167 SEWARD, AK 99664 Port and Harbor Tariff Regulations Revision Date 4"Apri 223 1012 Effective January 1, 24> 2101 i� i City of Seward, Alaska Table of Contents PREFACE ............ . ...............................................::.................. Tariff Revisions..,.... ...... ... ... _...... .. Forms ��� ..... v Explanation of Abbreviations and Characters That May Appear in Tariff...........'.. >,..........r ............ v Notice to Public ...... ... vi SECTION I - GENERAL RULES AND REGULATIONS ............................. - ... ........................ I 100 DEFINITIONS GENERAL .......................................... r X.......... .............................1 105 APPLICATION OF TARIFF........... ..... ',ss2 ••••• ....... ........2 (a) General Application of Tariff . .... .. (b) Tariff Effective ............... ..... ............ :. '' 2 __ ... ..... .. ..... (c) Acceptance of Tariff.........."T - - - 2 x. (d) Reservation of Agreement Rights ._.:...-r._. .......... ........ _...... 2 (e) Compliance with Conditions of ,.kin' d Facility'Use....... ......._._._......... ............. ................. 3 h 110 APPLICATION OF RATES ............. ...... V... .................................................................... ......3 yF, ' 115 INSURANCE .................,�......:�.....:"....:�:�;:,........... ........................................................................ 3 120 RESPONSIBILITY/FOR COBL"'ECTYKN AND GUARANTEE OF CHARGE .............................3 (a) Responsibf1tjy for Char es . _... .._ __ _ .. _.__._.......... .. __ _ . _.. 3 (b) Prepayment Tithe of Payment, Acceptable Security, Refund of Excess ._. ___ 3 c Wa erofR a rent a uirement. ........... __ ........ ... 4 O � j,P Fz,. q (d) ,G#tpfges on &nqu i t Accounts.......... _.._.......... ...... .._ .._. _ ...4 125 LI 19ILITY F(3 L( S OR DAMAGE AND INDEMNITY ............................................ .....4 ( tIkehpo iblty Limited ... .... ...... .. .. .. ..... 4 �Ab dem ...... .... ... 5 `T vn sRisk ....... . .. _.... 5 ... 130 ,_ GH OF THE CITY OF SEWARD........ ....... ... ..... ....... .......6 ( ✓ Access to Harbor or Port Facilities .. ..__. _._ _..._ __ __ .......6 (b)" Right to Refuse Cargo... ....... ........ ... .... .......__ ....... ... ....... .... ........ ........... ...... ..... ..6 (c) Right to Schedule Vessels and Cargo _.. ......__..... __. __.___. _....__ __. _.......... .....6 (d) Right to Remove, Transfer or Warehouse Cargo _ _ _, _ _.. ......._. _ __ - 7 (e) RighttoWithhold Deliver of Freight ............ ............._..__......................................................... (f) ................................. Right to Sell for Unpaid Charges. ...._........... _ .. .. ._ __ __. _ ....7 (g) ............... Explosives ....... _... _..... .__ .. _...... __ _ _._... __ ....... ......... ....... . ........7 (h) Right to Remove, Transfer or Rearrange Vessels _.. __....._.... _......._._.... _............................7 Port mtd Harbor Tariff Regulations City of Seward, Alaska Revision Date: 4iog•r 3,—, ?"".4ori12J.2012. Fffeclive January 1, 28,L2201 i ii (1) Right to Remove Materials or Equipment from City Dock or Terminal Facilities ............ ............. S 135 REQUESTS AND COMPLAINTS..................................................................................................8 140 145 DELAYS - NO WAIVER OF CHARGES.......................................................................................8 MANIFESTS REQUIRED OF VESSELS.............................................................. ; 8 ................ SAFETY, SANITATION AND HOUSEKEEPING....... 8 (a) Safety and Sanitation ... ........... �fi � . 8 (b) Notice of Hazardous Cargo and Permit Requirements 3� 9 (c) Responsibility for Housekeeping ...........- ............ ..... _ 9 (d) Smoking Prohibited .... _._. _ (e) Used Oil and Petroleum Products . ....... _. ..... ...9 RESPONSIBILITY FOR PROPERTY DAMAGE........,„:........ ..................................9 160 BULK PETROLEUM PRODUCTS .................... (a) Application of Tariff.. _........ .. (b) Clearing and Heating Petroleum Lines.. _.... (c) Regulations Governing Petroleum Products.. (d) Housekeeping... _.... ........... ..... SECTION II - SERVICES AND CHARGR�... 210 MOORAGE ...................... Outside the Small Boat Ha Within the Small Boat Harbo (a) Assignment fBertl (b) Waiting L ispr Per (c) Permanent Sflj ssi (d) I..,aw.R6f1 Xvals ,. x, .......... 910 10 _.... _ _ _ .... 10 7'......................................................I....................11 fi �. _................... .._.........,........ ............................... ...._... 1 l ...... ,.._...... .. _ . . ........... __ ..._.. ...... 11 Assignment......_ .. ..... ...... _._.. ....... _. 11 ,niporary (Transient) Slip Assignments. __._ . ____ . ..____ _ ..... ....... .. 12 val......... ... . ....... _ ... ..... .... ....... 12 rn..... .— ..... ........... ..... ...... _.4-213 I0OORAG ATES ... .... .... .........1213 �R ( _ Calculation of Moorage Rates .. _. 1213 ..fJaily Rates..... _.... .. .. ..... ..... ..... . ..... 13 RA Annual Moorage Fees ..... .. ............... .. _.. __.. .13 (d Moorage Rates for Slip Assignments . _.. .... __ 4-' 14 (e) Float Plane Fees ...... .............. .............. ..............__. ..... _ ................ ........... ... ..4415 DOCKAGE................................................................................................................................41415 (a) Dockage Period ........... ..,.... .__.... _ ......... (b) Basis for Computing Charges ........... ... ......._ .. ..... --_............. _. .. . _...... 15 (c) Vessels Docked to Repair, Shore, Outfit or Fumigate ... .. ....... _... _ _ _... _ _._ _ _ .. _ 15 Port and Harbor Tariff Regulations Revision Daie. A�g.: 'T , 444A rd 23,2012 Effective January /, 2,84120/ i iii City of Seward, Alaska (d) Preference to Reserved Dock Use ........ ...._..... ..._......._......._........._ ............................_......_ ..... 15 (e) Berth Maybe Granted Before Payment.. _._.._................. ...... .................... ........... 16 Charges on Vessel Shifting _....._......._..._ ........................._..........a-617 (g) Charges to Assisting Vessels ... ..... -........ _............_........_.._.................... 1Fi17 (h) Notice of Hazardous Cargo and Permit Requirement........ _._.. - _...................... (1) Dockside Lay Time.. ... ..... ............ . ..__._... _ _._........._.... .........__......................17 r 215 DOCKAGE RATES.............................................................................................. ;...................17 .. _ (a) Daily Dockage Rate. .. _._...... __ _ . ............. � 17 17 (b) Monthly Dockage Rate _.___ ....._ _.. __ ... M..... 220 HANDLING, LOADING AND UNLOADING.............................................. _................... I ....... 18 225 LABOR AND SERVICE CHARGES ........................... .:a'..,......................................18 �, (a) Specific Services............ _..... .........._. .... _.... ...... ...............419 (b) Labor/Personnel..... _.. _... ... ..19 (c) Equipment. ........ . ....... _._ ? ... __.. 4-920 (d) Special Services..,..._ r'' 20 (e) Miscellaneous Charges ._ ..... ...... _..,.......... 20 230 PASSENGER FEES ...........................::K ...:......................................................................421 (a) Fee ...................................... .... ......... ...... ....... ...... ..2021 (b) Filing of Forms and P� 21 �� .. 231 CAPITAL RENEWALA14PLA MENTFEE..._.. ....__... .. . ....... ._........ ... ...'21 235 ASSISTANCE T ftOATERS ijD OTHER AGENCIES..........................................................21 240 BOAT LAH%%11A ..... 21 (a) Qp atmgP61j�y .)� ...... ...... . .. __ _... .............. .. ...... 2422 (b) .. aLIT% es �_ _ . 22 245 I'iTBJ IC HO 9 S......................................................................................................................22 25Q,, 54-ToN it. ELIFT...................................................................................................................22 .Qp�eratingPolicy...... .... __............. ................ .._.22 .... _ ``Boat Lift Agreement . ..... . .. .... . .. _,....... ..... ....... ........... _ 22 (c, >f Responsibilities_.__ _. .................... ..... .... ,............... .. ......... .......... .... .... .2 -Z. (dy Dockside Lay Time ... ..................... .__......... .........._.._................ ......... ............ 23 255 50-TON TRAVELIFT FEES.........................................................................................................23 (a) Description of Charge.. .... ........... ....... ................ . - ..... ...........-.. ..... _. ...........23 (b) Lift Fee__ . ............. .-.......... _ _. ........._. __ . _ --__._ ... 23 260 250-TON TRAVELIFT..................................................................................................................23 Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dare: AwtoW 4, 204 lipril 2i,2012, Effective January 1, A1220/ iv .S� In i (a) Operating Policy........ . 23 (b) Boat Lift Agreement .. ..,.... 3324 (c) Responsibilities.. ..... _ ................. ................ ...... ._ ......... 24 (d) Dockside Lay Time ............. .................. ......... ,...... ............ ............._................_ ....... _............ 24 265 250-TON TRAVELIFT FEES.......................................................................................................24 (a) Description of Charge ............ .......... _........................ .......... ,............ ................. ...., .............. .24 (b) Lift Fee .. . ... _............. ............... . ...... _. ..... ..... ... ... 24 270 SHIPLIFT FEE....... ... ........25 (a) Description of Charge ........' �,� „ .,.........25 (b) Lift Fee. .__........ . _.... _ _... .25 (c) Basis for Computing Charges ._. r _.... ..,. ....- 25 (d) Preference to Reserved Use .......... ... 25 3' (e) Berth May be Granted Before Payment.... 26 (f) Inspection of Vessels on the Shiplift Platform ... 26 (g) Repairs to Vessels on the Shiplift System.. F� 26 h Notice of Hazardous Caro and Permit Re wrement _ O g 9 s'... . ... ......3627 (i) Dockside Lay Time ..... .......... ..._ _......... 2Fi27 �) Lift Fee Rates ............................................. ... r;;......°'............................................ 2627 "t.......— 275 DAILY SHIPLIFT LAY CHARGE........-r........................................................27 (a) Description of Charge. .. 27 ............ (b) Lay Fee ....... �.; ...27 (c) Basis for Computing Charge .. z 27 (d) Rate ..... _ . ... _. 27 280 UPLAND STORAGE.., ... �. (a) Area of Land AvaiAe _ _ _ . 27 (b) CalculationpiRates................. .............. _ . ..- __ .._.., .. _. . 27 (c) Lay TimVROI s _. ..... __.._ (d) Empty Cradleailers? .._. _... _. 27 _. NY 285 WHAR1 C,I .. (a) �PP�irat�on ot�harge. _ 28 (b Qversi11 ...� 28 ... ...... .. ...... ( Qverswwe"Cargo...... .... ........ 28 RATES......................... ...... ...... ..... ....... ........ .............28 edule of Standard Rates ..... ...... . .......... ..... .. .. ......... 28 __. iscount Rates Based on Guaranteed Payments... ._.._, . ......... __ ._..._.......... _... .. .. ..,2,929 295 WfiARF DEMURRAGE...............................................................................................................29 (a) Description of Charge...,_. _ .. ........ _.......... ....... ........... . .. ................ ..._..29 (b) Calculation of Free Time ......... ._... .... ..... ............... ___... .......... ....... __.... -... ...,...... ...._29 (c) Free tune ...... .....__...... .._............ .-........... ,....._.___................ ................ ............29 (d) Rates ........ ..._.......... ..... ... _.......... .......... __..... .... .... _ ...... ..... _..... _ . ....... .... .... _29 (e) Lay -Down Areas ..... ............... ......... _... ... ... ... ....... ...... ............. .... ........... ..... _............ ..,.2-930 Port and Harbor Tariff Regulations 1?ewsion Dale. Aigmyl 3. ="-44. gril ?, 2012 EffecliveJanumy 1, 294-22013 v City of Seward, Alaska PREFACE The purpose of this document is to provide, in a complete but condensed format for public review, the terms, conditions, rules, regulations, charges, and rates comprising the City of Seward Port and Harbor Tariff, as approved from time to time by the Seward City Council. Although some text has been rearranged for the purpose of clarification, it does not reflect any substantive changes to the actual tariff. This document contains, but is not limited to, the City of Seward Terminal Tariff No. 100 as filed with the Federal Maritime Commission. Tariff Revisions �f 00 The City of Seward Port and Harbor Tariff may be revised in whole or in part from time to����000YYn such ron, the amended page(s) will show the date of revision in the lower left corner. Requests for missin9"0 � additi nal copies of the tariff may be directed to the Seward City Clerk.., ¢. Forms All forms referenced in this document may be obtained from the Seward Oily, Ce�Cvt�fsc or the Harbor fffmaster's Office. Shiplift/Syncrol-ill forms are available at Seward Ship's Drydoc „ at the -Mani e'lndustrial Center. These forms include, but are not limited to, Vessel Moorage Application, TO supple'irihnts &k(oto; Application and Agreement for Reserved Moorage; Application and Agreement for Transient' oorage;',,Boat'Lift Agreement; Vessel Shiplift Use Application and Supplements thereto; Shiplift System Use Pennrt'Wgrmin'; Use Permit; Prepayment Agreement; and Uplands Storage Agreement.z;, a Explanation of Abbreviati_os aq { is arEers That May Appear in Tariff b.m. board measure ' ,Jlgth. length c bbl. barrel in. b.in. 1,000 ft. board measure bdl. bundle a meas. measure crt. crate min. minimum cs. case misc. miscellaneous ctn. carton Ill. t. metric ton ai.fi. g biAXorfeet,' no. number � N.O.S. ea. ac11>,: f.f.rfA1d d fla pkg. Fes. Feed"ritime Commission sq. ft, gals.s'_'fons stg. hdlg. "''handling U.S. inc. including, inclusive or incorporated W.A. I.C.I. less than carload who Idg. loading yd, Port and Harbor Tariff Regulations Revision Date: 4ognst 3, 2041jRri113.2012. Effective January 1, ?B443013 vi L not otherwise specified herein package square foot or feet storage United States of America weight ton of 2,000 lbs. weight ton of 2,000 lbs. or cubic ton of 40 cubic feet yard City of Seward, Alaska Notice to Public This tariff is published and filed as required by law and is, therefore, notice to the public, shliU s, consignees and carriers that the rates, rules and charges apply to all traffic for which contract rates haw aot been arranged. In addition to this Port and Harbor Tariff, the public, shippers, consignees and c- rs using 'i f Seward facilities should consult and be aware that the City of Seward Code of Ord inancc+s ytclu but nol'mited to Chapter 9.15 (Fire Prevention and the Uniform Fire Code), Title 14 (Utilities, including;-• arbage, Refuse, Water, Water, Electricity and Sewage) and Chapter 7.10 (Ports and Harbors), all appended, pp1 a ,, and govern where not specifically rovided otherwise in this tariff. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date }nKvt+t- i-2FN-1-f ri123, 2012, Effective January 1, 241-22013 vii SECTION I - GENERAL RULES AND REGULATIONS Subsection 100 DEFINITIONS - GENERAL (a) General Terms. Unless provided otherwise in this tariff applicable definitions set fort) 4 CFR § 515.6 shall control. (b) City Docks. The city docks of the City of Seward include all docks, floats, sl s, Wharves, rags, piers, bulkheads, dolphins and sea walls owned or operated by the City of Seward-4 � 4" < (c) Float; Float System. Those portions of the city docks located within ie mail Boaaybor that rise and fall with the tide, including the pilings, ramps, ladders and utility connY�ctiot (d) Holidays. In this tariff, whenever reference is made to h it3ay the foll wing days are included: New Year's Day, President's Day, Seward's Day, Memorial Dadep ndence %2y, Labor Day, Alaska Day, Veterans Day, Thanksgiving Day, the day immedi�folfi�"3tsgiving Day, one-half of the working day immediately preceding Christmas y, a 'ahrrs%t7a Day. When a holiday falls on a Saturday, the preceding Friday shall be consid4AAra holida}}nd„1hen a holiday falls on a Sunday, the following Monday will be considered a holiday for" pp pure es of this tariff. (e) Permit Holder. A person or business.. at his a valid SIJplift System Use Pen -nit issued by the City of Seward. (See "Forms" in the prefA Jpi�Auu�nent.) (t) Point ofRest. Point of rest is define s that<ren the terminal facility which is assigned for the receipt of inbound cargo from the%k;W,s,K n w,bich inbound cargo may be delivered to the consignee and that area which is assi fed fo a rec 1-of outbound cargo from shippers for vessel loading. (g) Port of Seward. The 13 ewa omprises the Small Boat Harbor, the Shiplift System and all city docks and ter 1 facilities I��d within the corporate limits of the City of Seward. (h) Slip. n to ' n in the float system of the Small Boat Harbor. A slip does not include the floapY finger o e fl f but only the spaces between or adjacent to it. e (i) ift SSsir. e shiplift located at the Seward Marine Industrial Center and the adjacent rail side alacilities. Terminal facilities include all city docks and associated equipment, offices, uses, storage space, roads, paved areas, water banks and shorelines under the management and of the City of Seward. Vessel. In this tariff, whenever reference is made to a "vessel", the teen shall mean any ship or barge, self- propelled or other than self-propelled. (1) Moorage. Moorage is the charge assessed to a vessel for berthing in a slip, on a transient dock, or for tying to a vessel so moored in the small boat harbor or other terminal facilities. Port and Harbor Tariff Regulations Revision Date: AHprrs�3--#11 FAprit 23,?0!?. Effective January 1, 2,9 _2013 / 5_� City of Seward, Alaska n i Subsection 100 (m) Dockage. Dockage is the charge assessed to a vessel for docking at a city dock or terminal facility or for tying to a vessel so docked. (Sometimes identified as "moorage".) (n) Handling. Handling means the service of physically moving cargo between point of rest and any place on the terminal facility other than the end of a ship's tackle.; .. (o) Loading and Unloading. Loading and unloading means the service of Voadi oading cargo between any place on the terminal and railroad cars, trucks, lighters or ba br any oilier. means of conveyance to or from the terminal facility. �., (p) Wharfage. Wharfage is the charge assessed against any freight placid in a trans`i�Jred or on a wharf, or passing through, over or under a wharf, or transferred between vessels pr,loaded t-r-unloaded from a vessel at a wharf regardless of whether or not a wharf is used. Wl rfa is"3,l � tliie charge for use of a wharf and does not include handling, sorting, piling of fre ,htt r charge for another services. 3 (q) Demurrage. Acharge assessed against cargo remaining mqrog grminalfacilitiesaftertheexpirationof free time, unless arrangements have been made f ft�rAge. (r) Free Time. The specified period during w is ; argo m yoce py space assigned to it on terminal min property, free of wharf demurrage or teral st a chi"ges, immediately prior to the loading or subsequent to the discharge of such cg on or off th eel. 105 APPLiCAT'ION OF TARIFF (a) GeneralApplicationofTgcf Rates,Qhargd rules and regulations provided in thistariffwill apply only to persons and vessels Ldf4, A ftigg iinaf facilities under thejurisdiction and control ofthe Cityof Seward, merchandise'.teceiv at or shipped from the facilities or properties operated under the jurisdiction and control o{a)pe Ci f eward, and specifically to municipal docks, structures appurtenant thereto and vlerways undeF he anagement of the City of Seward. The rates, charges, rules and regulations liex' may ap I — the Seward Small Boat Harbor, the harbor bounded by the rubble breakw th rthwe rn head of Resurrection Bay (Small Boat Harbor); the Seward Marine Indus ialCe (S ncl ud ing yards, basin, docks, dolphins, 250-ton Travel ift,and ship] iftplatfonn; and"aiW other to inal acilities under the jurisdiction and control of the City of Seward. (b), TaivffEfc' : e. ates, charges, rules and regulations named in this tariffand any additions, revisions, or zr U me ts, ereto shall apply to all vessels or users and to all freight received at facilities subject to this taif on ad after revisions, or supplements thereto. Unless otherwise specified all transit freight received ` at als and undelivered prior to effective dates of tariff, revisions, or supplements thereto, shall be cizarged the rates in effect on the date such freight was received until entire lot or shipment has been Acceptance of Tariff. Use of the docks and terminal facilities of the City of Seward shall be deemed an acceptance of this tariff and the terms and conditions named herein. (d) Reservation ofAgreement Rights. Right is reserved by the City of Seward to enter into agreement with carriers, shippers, consignees and/or their agents concerning rates and services, providing such Port and Harbor Tariff Regulations Revision Date: r1vgmsi--2014-4prd 23 2012 Lffective January 1, 20d-.�201 i 2 sl� City of Seivard, Alaska Subsection 105 agreements are consistent with existing local, state and federal law governing the civil and business relations of all parties concerned. (e) Compliance with Conditions of Docking and Facility Use. Use of city docks and terminal facilities and the acceptance of services shall conform to conditions of docking and facility use set f herein. Only those operators who have a valid shiplift system use permit shall have access to th iplift system. 'z 110 APPLICATION OF RATES fin, �: �' (a) Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40 cN as rated by ocean carrier, or per 1,000 feet board measure, or 42 gallons per barrel of bulk petroleu et :products corrected to 60 degrees Fahrenheit net, or 376 lbs. per barrel of bulk cement (b) Rates provided for commodities herein are specific and n .TWJ be appk6d by analogy. If rates are not provided for specific commodities, rates to be applied a t1-2,tstablisl d.for "Freight N.O.S." 115 INSURANCE " .r Rates named in this tariff do not include insurance ofan j+ Jnd. The' City&Seward shall be under no obligation to provide any insurance ofany type for any vessel, cargo, beabilityrarising out ofuse ofthe city docks, shiplift system, or terminal facilities. If the City does eaq'i re any suclrt�S ance, the charges for that insurance shall be in addition to fees described in this tariff 120 RESPONSIBILITY FOR COLLN iC GL�RANTEE OF CHARGE EC (a) Responsibility for Cha e ". ; is owner or agents, shippers or consignees, owner of the cargo on the vessel, and, .nti=,d)e ca of shiplift operation, the permit holder shall be jointly and severally responsible for payment of charg ned herein and such payment responsibility applies without regard to the provisions of bills of%'gng, iarter party agreements, vessel repair, contracts or other conflicting provisions. r' (b) Prepo Try en! rhne ofP e--Atnent, Acceptable Security, Refund of Excess. All charges for sepkes rendere�y tle City of Seward for the use of docks, shiplift and other terminal facilities are due -, aa�� hd paya�e in cosh in advance of such services or use, as follows: 1 'OFor a arges attributable to the vessel from its owners or agents before a vessel commences its to ng or discharging. (2) For all charges attributable to the vessel from the permit holder before a vessel enters the shiplift z� system. (3) For all charges attributable to the cargo from a vessel owner, charterer, shipper or consignee before the cargo leaves the city docks or terminal facilities. d Harbor Tari Re ulations City of Seward, Alaska Port an ff g Revision Date: Angrmv-3,7-20 4-.yril 23 2012, Effective January 1, 2-0442013 3 K 61 i Subsection 120 (4) For all charges on perishable goods or freight of doubtful value or household goods. A cash deposit or acceptable security in an amount equal to 125% of the estimated applicable charges shall be required to be posted with the City of Seward six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the Harbormaster, but in all cases in advance of actual services rendered. Wherever a cash deposit has been p, d, any excess thereof, after satisfaction of all applicable terminal charges, shall be promptlw1e�pnded bythe City of Seward to the posting party. (c) Waiver of Prepayment Requirement. The Harbormaster, in hiss ole discin, m waive Bash -in - advance requirement as to all or any category or categories of anticipate` rg s when the party responsible for such charges has been identified to the satisfaction o,�f the Harb Pter and (1) That party responsible has established credit worthiness accep ble 844S,;lairbormaster; or (2) The permit holder has established credit worth irlgtaccktable tAhe Harbormaster. or (3) Adequate security, acceptable to the Harb ATIZ;er hdi`;i,�een �iilffied; or (4) Theagentrequesting terminal services'o nseorany&lherentityacceptabletotheHarbormasteras credit worthy has personally accepted financial responsibility for the applicable charges. The City of Seward retains the righ,T its sb a discretion`; to determine whether a responsible party or an agent is credit worthy, and to �e theja, n -advance requirement. The City may establish guidelines for determining whether a resp sibl''I, o "'an agent is credit worthy. Compliance with these guidelines does not createmight to iver'`'' 'me cash -in -advance requirement. (d) Charges on Dehnqu6i coi. . All inJbices, except for damages to City of Seward property, will be declared delinquent six ys ah Vie date of the invoice and will be charged interest at the rate of 10.50/c per a dim. All ex -expenses, including legal expenses, litigation costs, or costs of agents employed td e ,Vt collection AbIll also be assessed to, and payable by such accounts. 125 LIABILITVFOR h;Q�S`04 MAGE AND INDEMNITY (a) esponsijaility Li -''led. Generally, no persons other than employees ofthe holders ofauthorized terminal usetpenmtssh11 permitted to perform any services on the wharves or docks, or in any other terminal tarq, of th�Crty of Seward, except upon written authorization of the Harbormaster. No persons other than empAyees of the holders of authorized shiplift system permits shall be permitted to perform any servieon the shiplift system. Pennit holders shall be required to obtain any necessary tenninal use 1;r perylls prior to performing any services on any other terminal facility of the City of Seward, except upon 4 aTrtten authorization of the Harbonmaster. The City of Seward, its employees and agents shall not be ?,y liable for the injury of persons on the city docks, shiplift system, or terminal facilities, nor shall they be liable for any loss, damage, or theft occasioned by such persons' presence on the city docks, shiplift system, or tenninal facilities, except that the City of Seward shall be liable for any portion of loss or damage that is directly caused by its own negligence. Port and Harbor Tariff Regulations lZevisirn Dare: Ijfecrive✓anuary1,2,W-22013 a City of Seward, Alaska Subsection 125 The City of Seward, its employees and agents are not responsible for loss or damage caused by fire, frost, heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage or decay; animals, rats, mice or other rodents; moths, weevils or other insects, leakage or discharge from fire protection systems; collapse of buildings or structures; breakdown of plant protection systems; breakdown ofplant or machinery or equipment; or by floats, logs, piling or camel logs required in breasting Is away from a wharf, nor will they be answerable for any loss or damage or delay arising from in tion, shortage of labor, combinations, riots or strikes of any persons in their employ or in the servic f ot,1 .s, or from any consequences arising therefrom, except that the City of Seward shall be Iiab any po i of loss or damage that is directly caused by its own negligence. , Shiplift System. The City of Seward, its employees and agents make [).o represenEaligns or warranties that the shiplift system is adequate or sufficient for any particular vessel 4'kgher, the,' of Seward, by requiring that only holders of shiplift permits be authorized to utili t eV4 system, makes no representations or warranties of any kind that the work, op n, mate Is, d ign or other aspects of the work performed or contracted to be performed by s ape it hold i of good and workmanlike quality, or in conformance with industry standards. Vesse '; d ed that the City of Seward is not responsible for and specifically disclaims a.w i ty "p work performed or contracted to be performed by a pen -nit holder, except for thos amages h� ed ahe City's own negligence. The City's inspection, if any, of vessels and placeni�i cra a systems is done solely for the purpose of protecting the City's interest and in v n ent in the s gli system and should not be construed as an acceptance of any responsibility to p;ct- to inspectnn any particular manner. (b) Indemnify Each user, permit io r, vel, ve 1 owner and its agents, shippers or consignees shall indemnify, defend and h 1 hannle the of Seward against any and all claims arising from any breach or default in per rin'"`'c of y p¢ligation to such parties to be performed under the terns of this tariff or arising frorrr' act omission of said parties for all costs, attorneys' fees, expenses, and liabilities incurred in th i¢�fense ny such claim, action or proceeding brought against the City of Seward exce .eonly for thos aus d by the City's own negligence. (c) Owner's l Althe ft jowing shall be at the owner's risk except for those damages caused by the Citv's, wn n �enC �y and fragile articles will be accepted only at owner's risk for breakage, leakage or on open ground is at owner's risk for loss or damage. reight subject to freezing will be accepted only at owner's risk. (4) All water craft, if and when permitted by the Harbormaster or his authorized agentto bemoored at wharves or alongside of vessels, are at owner's risk for loss or damage. (5) Any vessel utilizing the shiplift system is at owner's risk for loss or damage. Port and Harbor Tariff Regulations Revision Date: lrwrrr'r-3 F}l F.Apri123.2012. Lffeclive,lanuory 1, M-1-22013 5 Mal City of Seward, Alaska Subsection 130 RIGHTS OF THE CITY OF SEWARD Without in any way limiting the general authority of the City of Seward, the City shall have the following powers: (a) Access to Harbor or Port Facilities. The City shall at all times have the right to ref access to any city a;. dock or terminal facility by any person or vessel or to remove any vessel, person o argdz any time from any city dock or terminal facility, including the shiplift system. This right shae� eserve-a]Itimesto the City without responsibility for demurrage, loss or damage when: (1) Previous arrangements for use, space, receiving or unloading have no�C:§een made with the Harbormaster; (2) The vessel is unsafe or hazardous and may pose a rgylife or pertyS' "k (3) The value of the vessel, in the opinion of the Haftri SteF is less than the probable service charges and other charges related to its us e ci" o g ty"pck or terminal facilities; (4) During periods of congestion, or i srs s of ei� rgericy, when, in the judgment of the Harbormaster, the circumstances then preva"i g or ely to occur will prevent the city dock or terminal facilities, or any porti Anthem, fron p, . iding customary services to the public. (b) Right to Refuse Cargo. In his ' cre k]�Stie%Ia' onnaster shall at all times have the right to refuse to accept, receive or unload, or p rt a v sel c any vehicle delivering to the terminal facilities to discharge: (1) Cargo for whA;previ arrangements for space, receiving, unloading or handling has not been made with the Harkprmast1y shipper, consignee or vessel. (2) Cargo Mg4uitably p cl d for safe transportation. (3) ,4'eargo$���me `e Harbormaster, in the reasonable exercise of his discretion, to be offensive, ✓` r, erishabli r ha ardous. Hazardous cargo must have been prepared for shipment in accordance l( the licableDepartn}entofTransportatioiiregulatioils(includiilg49CFRPartsl7l-179). �14`''"C go, tl}e value of which may, in the opinion of the Harbormaster, be less than the probable ser 'ce charges and other charges related to it. (5) YCargo, during a period of congestion, or in cases of emergency, when, in the judgment of the Harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them, from providing customary service to the public. (c) Right to Schedule Vessels and Cargo. In his discretion, the Harbormaster shall at all times have the right to schedule access to any harbor or port facility by person or vessel or to remove any vessel, person or cargo at any time from any city dock or terminal facility, including the ship) ift system, in order to provide for efficient operation of the city docks or terminal facilities and promote the objectives of the Seward City Code. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: ril23.10/2. EffectiveJanuary 1, 24442013 6 M Subsection 130 (d) Right to Remove, Transfer or Warehouse Cargo. (1) Hazardous or Offensive Cargo. In his discretion, the Harbormaster shall at a M pes have the right to immediately remove all hazardous or offensive cargo, or cargo, which b} tts Mitre, is liable to damage other cargo or city dock or terninal facilities. The cargo may Vnnoved f%` its present location to any other location with all expenses and risk of loss or d� -.h ge th a the reit�g'Ksibility of the owner, shipper or consignee.. (2) Cargoes beyond free time. Any cargo remaining on city doce,wk, r nmal fa -edifies after expiration of any applicable free time may be removed to tbl of to warehouses, and all expense of removal and risk of loss or damage sh` 1 the resp- sibili ofthe owner, shipper, consignee or vessel as responsibility may appe ;.on s17pping d c ments, manifests or other sources. e hF. s (e) Right to Withhold Deliver of Freight. Right , ebynth served e Crty of Seward to withhold delivery of freight until all accrued charges and/or advatcegainst said Freight have been paid in full. At the Harbormaster's discretion, any or all of such freight be 'lace in public or private warehouses, and all cost of removal and subsequent h . t"isg and storl ge; mall be the responsibility of the owner of the freight. s, (f) Right to Sell for Unpaid Charges. reigfi Yerfreight unpaid terminal charges have accrued may be sold to satisfy such charges and cos rov d sas been publicly advertised. Freight of a perishable nature or of a nature to may be sold at public or private sale without advertising, provid own has been given proper notice to pay charges and to remove said freight and has neglected or fai }Xo do ithin a prescribed reasonable time. (g) Explosives."ff i ity o£Se+ J all not allow the acceptance, handling or storage ofexplosives within the confy �s,of t11 rt of Seward without prior arrangement with the Harbormaster and as governed by rules -Aid re", 'fktionMof feral. state and local authorities. (h) ,Right to%&move,'ransfer or Rearrange Vessels. 1 "-H p bus Vessels a- Vessels ivith Hazardous Cargo. In his discretion, the Harbormaster shall at all Ames have the right to immediately remove any hazardous or offensive vessel, or any vessel ntaining hazardous cargo, or any vessel containing cargo which by its nature is liable to damage e other vessels or other cargo or harbor or port facilities. The vessel may be removed from its present location to any other location, and all expenses and risk of loss or damage shall be the responsibility of the owner, shipper or consignee. (2) Vessel Beyond Free Time. Any vessel remaining at city dock or terminal facilities after expiration of any applicable free time may be removed to any other public or private facility and all expenses of removal and risk of loss or damage shall be the responsibility of the owner, shipper, consignee or vessel. Part and Harbor TariRegulations City of Seward, Alaska Revision Dare: Awa 4rsl-3,404-d-Anril23,2012. EffecriveJanuory 1, 2044201.) 7 (3) Movement of Vessels to Reduce Congestion or Maximi_e Services. In his discretion, the Harbormaster shall at all times have the right to move or rearrange any vessel From its present location to any other location in order to reduce congestion within the harbor or to prevent disruption of customary services to the public. Subsection 130a (i) Right to Remove Materials or Equipment from City Dock or TerminaliItities. Airy materials, equipment, trash, or other items left on or about any city dock or terrain acility may be reirr$ved by the Harbormaster at any time, and all expense of removal and risk of los* 9fA6' rnage stall be the responsibility of the vessel that last occupied the facility or the owner, shiper, or consignee of the vessel as responsibiiity may appear on shipping documents, nnantfeL:gr other so�zrces. 135 REQUESTS AND COMPLAINTS Any shipper, vessel or vessel agent may make requests and corn gt ; byfi n>g a written statement with the Harbormaster, City of Seward, P. 0. Box 167, Seward ss4,A, 966 ` 140 DELAYS - NO WAIVER OF CHARGES Delays in loading, unloading, receiving or ii'vering freight; ltl� rage of vessels, or receiving, discharging, lifting, or transferring vessels on the shi�yst6m or Travebiit as a result of harbor congestion, equipment failure or breakdown, or of combinati s, riots*o tnke ofany persons in the employ ofthe City of Seward or others, or arising from any other cause n reastibly iin the control ofthe City of Seward, will not excuse the owners, shippers, consignees carrier the fr it or vessel, or the permit holder, from full service, wharf demurrage, moorage or other ns hick may be incurred under conditions stated herein. 145 N1ANI1rESTS REQUIRED ES Masters, owners a f ei or operat rs i fvesseis are required to furnish the City of Seward with complete copies of vessels' In i silo i nam of consignees or consignors and the weights or measurements ofall freight loaded or di lnarged t the dtrc or terminal facilities of the City of Seward. Such manifests must be certified as correct by'anquthorizet]fficjal ofthe company and must also designate the basis ofweight or measurement on whicl Mail htwas. ssessed. InIieuofmanifests,freightbiIIscon tat ningall information asrequired above nnil,V, acgepte 3 Shtp �qun The Harbormaster may require masters, owners, agents, operators and/or permit holders to execute a ;t91 application containing descriptions ofthe following items: (i) fuel; (it) ballast; (iii) water; (i;�grgo; .and (v) structural details for lift. ISO SAFETY, SANITATION AND HOUSEKEEPING (a) Safety and Sanitation. All users of city docks and terminal facilities and all permit holders ofthe shiplift system shall exercise due care for the protection of life and property and the protection ofthe public from injury or damage. Additional safety and sanitation rules applicable to docks and terminal facilities, including the shiplift system, should be consulted. Portions ofthe City of Seward Code of Ordinances of particular relevance Port and Harbor Tariff Regulolions City of Seward, Alaska Kevi.ciav Dnte: fuga l-3- -0/lAnvil2_??ll? 8ffective,Januog /, 204-.�1013 8 include Chapter 9.15 (Fire Prevention and Uniform Fire Code), Title 14 (Utilities including Garbage, Sewer, Refuse, Electricity and Water) and Chapter 7.10 (Ports and Harbors). Subsection 150 All safety and sanitation laws, regulations and policies of the City of Seward,, he ai Peninsula Borough, the State ofAlaska, and the United States ofAmerica, including tho&dpted b - ernational treaty, apply to city docks and terminal facilities, including the shiplift, tem. 11 users, eluding shippers, permit holders, vessels and consignees, are hereby warned that the p�parties responsible for infractions of such laws, regulations or policies will be subject to and resportktble for any penalties that may result from their violation of those laws, regulations or poll'qie§ks (b) Notice ofHa=ardour Cargo and Permit Requirements. Notigohall be den to tiie Harbormaster of any vessel carrying cargo which is hazardous, extremely fla!ignpm e; prrosive plosive or otherwise poses a u. significant risk of harm to property or persons, at least 24-fg or to landing or use of docks. The Harbormaster, at his sole discretion, may issue a ppr3i#p<<do'b. se tflifinds that sufficient precautions have been taken to minimize any potential rislresent edy su` cargo. (c) Responsibilityfor Housekeeping. Users ofdocksa`Koghertkininalfacilities, including pennitholders of the shiplift system, will be require maintain sateen an orderly manner as directed by the Harbormaster. If user does not p _rly c`I an property used, the Harbormaster shall order the work performed, and user will be bille4for fFt vi esTi accordance with the rates set forth in Subsection 225 of this tariff, e (d) Smoking Prohibited. T�Itsn tae allowed on any wharf, pier, or the shiplift system, or in any facility, warehouse ©`r`-�rnsit d, except in approved areas specifically designated for that purpose. Persons violating this ru(�y b awed, at the discretion of the Harbormaster, from the further use of any wharf t`facilit indi chin re shiplift system, and, in addition, shall be subject to prosecution under applidab�ederal, state`f d municipal laws. (e) Usedwaste nd .• t �iieum Products. All used/waste oil and petroleum products must be properly disp'�2%d of by t ves 1/owner. The City of Seward offers a limited ability to take small quantities of sed oil'.' d petr um products as a convenience to the boating public. Up to five gallons of used oil and petwleum dy� is will be accepted by the City in the approved and designated facilities on shore. There shy 6e In Wage, even of a temporary nature, of used/waste oil or petroleum products on city docks, Warves, err or finger floats. Any vessel/owner/agent storing or disposing of used/waste oil in an iliap}aFQj riate or illegal manner may be barred from further use of the Seward Small Boat Harbor and/or en3�Fzed according to the provisions of federal, state and local law. Larger quantities of used oil may be ccepted by the Harbormaster upon prior arrangement by written approval on a case -by -case basis with applicable charges assessed for disposal. 155 RESPONSIBILITY FOR PROPERTY DAMAGE Users, including permit holders, damaging city docks, the shiplift system or any other property of the City of Seward will be responsible for the cost of repairs. The user or permit holder will be billed for repairs to damaged property at cost, including overhead. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dote: Aiigvi-3-241 /srit 23,2012. T:ffective January 1, 281-22013 9 rq 160 BULK PETROLEUM PRODUCTS (a) Application of Tariff. Except as otherwise provided in this section, the rates, rules and regulations published in other sections of this tariff apply to vessels, shippers and consignees of bulk petroleum products. eeeie+� - V-1 160 b Clearing andHeating Petroleum Lines. Shippers, consignees or vessels an�ons ''r ce thereof are responsible for providing steam or other heating means to assure the pi;p&rr flo° of alpha d other petroleum productsrequiringheat.Shippers, consignees or vessels andpersom,; �Tiargethe eofwill be responsible for clearing all petroleum products from lines located o or adjacen§ eny terminal facility after a vessel completes loading or discharging unless otherwise au ig by the"Ejefbormaster. In the event the City of Seward performs any of the abovw gored ser es, rates shall be charged in accordance with Subsection 225 of this tariff and billed .to the sl ipper, c i 'gnee or vessel. (c) Regulations Governing Petroleum Products. Thtrai fQri of�i}tlk petrdleum products shall be made in compliance with Seward City Code provisions .including` hapter ZA (Fire Prevention and the Uniform Fire Code), as well as other local, state and federal laws, rules or`iegulations. d Housekeeping. Flammable li uids an h drocarboirs Ced ors Bled on wharves shall be cleaned u () P g q Y P p immediately. Vessels or consignee call retpove tempor ry lines immediately upon completion ofreceipt or discharge of flammable liqui lily rom disconnected lines shall be cleaned up immediately by vessel or consignee. " Should leakage or spillz�e o£ anirlB1 quids or hydrocarbons occur on the shiplift system, the permit holder shall be resporg`} e to ee that sai 'leakage or spillage is cleaned up immediately. Port and Harbor Tariff Regulations Revision Dale: u a3 294IGffectiveJanuary /, 204?2013 10 (01 City of Seward, Alaska SECTION II — SERVICES AND CHARGES Subsection 200 MOORAGE Outside the Small Boat Harbor: Vessels berthing or departing city docks, wharves, or any othef id mina) facility, including the shiplift system, must use sufficient tugs so that vessels can be berthed or rem ek ¢n a safe manner. Berthing speed shall not exceed sixteen feet per minute, unless approved by the Harkiastk Within the Small Boat Harbor: ?')v, r (a) Assignment of Berths. The Small Boat Harbor is often congested and t is the po f the City of Seward to provide for the maximum public use of available facilities. The Ha i caster sh 'JtXave discretion to implement that policy.,• Berth assignments to particular slips on the City of Sewatzl float�ystem a made by the Harbormaster. Berth assignments are made to a particular combinatiorfo �pssed own' operator, are not assignable by the owner/operator and automatically expire. on sa or raps er of the vessel to another owner/operator. A berth assignment is not a lease or an exclusive 'rig to occ' y any particular slip. In order to maximize the public's use of existing facilities, rt i ommon fd� e Hbormaster to temporarily assign vessels to slips normally used by another vesse hen that vessel" g; ut of the harbor. (b) Waiting List for Permanent Sl, ssipt, e) t. Vd; to the demand for slips on the City of Seward float system, vessels will be assigned p& anei liped on waiting lists maintained by the Harbormaster's office. Separate waiting�i shall b main�Xor the following size floats: >, et (a ommodafes vessel 12 to 21 feet) 23Nacc&. i ,dates vessel 22 to 26 feet) 32 cco odates vessel 27 to 36 feet) 40 feet(a eommodates vessel 37 to 44 feet) 50 feek• aEcommodates vessel 46 to 54 feet) *(aecoimnodates vessel 55 to 90 feet) n anent slip from the waiting lists shall be made 4-January throua1141fu June each aster based on the slip size available and the most senior name on the waiting list for of THIRTY ONE DOLLARS AND FIFTY CENTS ($31.50) per year per listing on the for a permanent slip assignment. The wait list year runs November 1 through October 31. ip Assignments srbonnaster may assign a specific slip on the City of Seward float system within the Small Boat Harbor to a particular vessel on an annual basis. (2) A permanent slip assignment to a vessel is not a lease or right to occupy a particular slip and may not be assigned. Port and Harbor Tariff Regulations Revision Date: 2.3.2012. Effective January 1, 201-z?013 11 Cite ofServard, Alaska Subsection 200 (3) To maximize the use of the Small Boat Harbor, a permanently assigned slip may be assigned to a transient vessel when the permanently assigned owner/vessel is out of the harbor. (4) Upon the return of the permanently assigned vessel to the Small Boat Harbopiovided proper notifications are given and based on harbor congestion and the difficultie,OirR gved in moving vessels), the Harbormaster will attempt to rearrange vessels so that a ves�l 4vith armanent slip assignment may berth at that assigned slip. �11 (5) A vessel assigned a permanent slip assignment mustsk(44 notify k Harbormaster when departing the harbor for more than five (5) days. If away from.§eward forte' e than five (5) days, a permanently assigned vessel should notify the Harbormaster p a4, rides fval date and time back into the Small Boat Harbor. (d) Grace Period lbriate Rene)vals_ _ ennanent slip holdgr�vhot�Ta+t fails t - renew b ' December 31 may - -- Formatted: Font: Italic b it that .till ,,.s e,, t, -- � - - -- � -- -t;. — ._ .. - - ---- — • renew prior to Janua 15 rather t ti reli ussh t1 sh provided. that (ll t�l+w y... Formatted: Font, Not Italic ���n�rr€all other �ermanentmooraoerecu ent ' met �trid thean licabletransient ';` —_ r, - rate Ls„paid _pn or_before Jan uary_l,g� __ __ rt .. ,', Formatted: Font: Not Italic --ter,- u._ y'`',t;,', Formatted: Font• Not Italic (cc) \ev Fir v;-vear ermanent M12 assignment. T^4r rst vzo unapt that-en4er5-mto a-nx�or-awe-:ontraet �a Hh tl�e C-tt flew R er For a new l i anent sh ora agreementente.red into aBer January l . the ', Formatted: Font: Not Italic the following rules and char es a —per Formatted: Font: Not Italic A Formatted: Font: Not Italic If the customer has alr_ d p. , 'or traifsientmogragc the customer charges,_yyillevetuki_be� converted from transient c esen charges on the effective date of the slip assignment. Formatted Font Not Italic The tenant annual .a e fe fiall har ed on a ro-rated basis and is due in full on the dateI Formatted: Font Italic ofthe slip assig men Formatted: Indent: Left: 0,88", Hanging: c 0.38", Numbered + Level: 1 + Numbering Style: OIl the_cu.sloimer istq t_harbor and has not p ,all anmoorgge. fees., thc_a..11 ival moora�c fees .',, 1, 2, 3, ... + Start at: 1 +Alignment: Left + shall b harped on i f, riTa)d basis and is due in fill] on the date of the sli sslgnmeni. Aligned at: 0.88" + Indent at: 1,13", Tab :.� stops: 1.25", Left A -,s tcc0 araL,ra •hs e 1 and 2 above- ro-rated basis shall be calculated by dividin,> the Formatted: Indent: Left: 0.88", Tab sto s Inir i5 or, a unt b 12 and charging '� the new tenant 1/1 ' ofthe annual tenant moose 1 25" Left p i�Late per e ' rid month for the remam¢cr of the calendar yeah thew . 114e l -iq�--` - 1ste f;{gc ' nrt r-_3 } !t a_51i assignment ae curs dunn� a calendar month, the Partial months Formatted: Indent: Left: 0.88", Hanging: -` p W I;. RV - t W 0.38", Numbered + Level: 1 + Numbering Style: wiirize cl ged the lesser of the daily rate or 1/1 the annual amount __........................ 1 2 3, ... + Start at: 1 + Alignment: Left + Prr," Aligned at: 0.88" + Indent at: 1.13", Tab pi_iane a d Temporary (Transient) Sl yAssignments There are two types of slip assrgliments at theme-, stops: 1.25", Left Cite Qf Seward Small Boat Harbor, The first is a permanently assigned slip and the second is a transient— shp. t0 s that are permanently assigned to a boat/owner may be used for transient moorage when the Formatted; Superscnpt^ permanently assigned vessel is away from the slip. Formatted: Superscript - _ - Formatted: Superscript Notice Upon Arrival. All vessels should notify the Seward Small Boat Harbor office prior to arrival. Those vessels which have received permanently assigned slips should notify the Harbormaster's office Formatted: Font: Not Italic twenty-four (24) hours prior to expected arrival to allow the harbor staff time to free the slip. If, despite Formatted: Font: Not Italic reasonable efforts, the Harbormaster is unable to clear a permanently assigned slip due to congestion, Formatted; Tab stops: 0.88", Left high winds or safety considerations, a vessel with a permanently assigned slip may be required to temporarily use a transient slip or float as directed by the Harbormaster. Port and Harbor Tariff Regulations Revision Date. 12, Ejlecrive,lanuarl, 1, 204-42013 12 City of Seward, Alaska Vessels entering the Small Boat Harbor which have not, for any reason, received a berthing assignment by radio contact or otherwise shall be restricted to the following areas: X float, south side of F float; K float; L float; and city dock. If, as is frequently the case during periods of congestion, all of the above berths are full, a vessel is permitted to raft to a vessel already berthed. (#fi) Vessel Registration. All vessels must have a current registration form (Application; 7Xgreement for Transient Moorage) on file with the Harbormaster. These forms must be filed im dNpfly upon arrival at the Small Boat Harbor; however, vessels that arrive after normal Harbors sser o& hours must register before 10:00 a.m. the following day. �._ 205 MOORAGE RATES (a) Calculation ofhloorage Rates. Moorage charges shall commence wl''Nth 4,g� sel is`f4atfe fast to a wharf, pier or other facility, or when a vessel is moored to another vessel sod d (Tialitiig"). Charges shall continue until such vessel is completely freed from and ha�yGated Werth A vessel berthed at any time between 12:01 a.m. and riit i 1*0all by'bharged a full day's charge; provided, that the Harbormaster may, in his discre �a d 44t.ped-Ri end appropriate advance notice, waive a daily rate for a vessel that will occupy a h or ti0 Jt fot�4'i piimurn time, and, provided further, that the Harbormaster determines that congest �11- n and use`of the..'public facilities by others will not be adversely affected. �y Moorage charges shall be calculate n the overall lent li ofthe vessel or the length of the float (slip) assigned, whichever is rg eater. Subsection 205 r (b) Automatic Annual Adjus nt ins grage Rates. All moorage rates shall be adjusted annually so as to be effective as ofanuary1 ", toc Ze five previous published years' average increase in the Consumer Price Index, li.��eills, 198 -8 'l'00 for all Urban Consumers, Anchorage, Alaska ("CPI") as published by the U. it St df Depa trdnt of Labor, Bureau of Labor Statistics. Bills sent out prior to January 1 will r9flenuary I" adjusted rates. (For example, 2012 2013 rates reflect an increase bade , on the average for 2004 20.0 2006-2010). slpll be construed to mean the linear distance, expressed in feet, from the most forward fiT to the aftermost part of the stern of the vessel, measured parallel to the base line of the gth shall include all hull attachments, such as bowsprits, dinghies, davits, etc, purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" may be :ity of Seward reserves the right to: on the overall length from the vessel's register, or (2) Measure the vessel. (c) Transient (Guest) Daily Rates. With the exception of vessel owner/operators who have paid an annual, semi-annual, or monthlyfee in advance, all temporary or transient moorage chargesshall he calculated on the daily rate. The daily rate shall be $0.66-68 Per lineal foot of overall length of the vessel. (See AppendixA for a listing of Transient Moorage Rates according to vessel length): Port and Harbor Tariff Regulations City of Seward, Alaska lievision Date. w st nril23 20/2, Fffective January 1, 2'9422013 13 10 (2) Transient (Guest) Annual Rate. The Annual Rate shall be 9094IS50.91 per lineal foot. (3) Semi -Annual Rate. At the option oft/re vessel owner/operator, the annual mooragefee may be paid in two equal senti-annual installments of sixty percent (6061) ofthe annual rate established above. Each prepaid installment described in this Paragraph represents six (6) calendar months. The first installment is due and payable on the (,,&,Ie the vessel owner/operator completes the Application and Agreement for Transient Mgor`ag e, and on or before thefrstday ofanycalendar month. Thesecortdinstallntentisduepii,, beforethefrrst day ofthe calendar month six (6) months thereafter. (5) Monthly Rate. At the option ofthe vessel owner/operator, the an,7;, nto . gefee m'- `bepaid in twelve equal monthly installments ofeighteen percent (18%) of t t tl rate establisher) above. Each prepaid installment described in this Paragrq& repro s one (1) calendar month. The f rst installment is due and payable on the date tli -v s gs 1 owne l rotor completes the Application and Agreement for Moorage, and on or beJ e t t dfiy of any calendar month.Thesucceedingpaymemsaredueonorbefotglheftrst�F oft%ikcalendarmonthevery >x.;4 month thereafter.r- (d) Moorage RatesforSlip Assignments. Moor rlgr~ tar le rence on the (late a slip assignment is accepted. Charges shall continue until the ir3iller ceus s to have a qualifying interest in a vessel suitable for the assigned space,eh'ce. the ho[s rd tlr, or until the holder's voluntary or involuntarily relinquishment ojt/rPre payn:erisdj moorage is required. (See Appendix B for a listing of moorage rates accord in', ngtli): r Subsection 205 (1) The vessel ovwWoperIXr musk complete; an Application and Agreement for Reserved Moorage (2) Annaafi? te. The v sseh'ov4ner/operator has paid the annual fee based on the length ofthe vessel, or, the lei oftheip'whichever is greater. The Annual Rate shall be $43 }A46_28 per lineal $em'i-Alnm 1 Rate. At the option of the vessel owner/operator, the annual moorage fee may be a in twequal semi-annual installments of sixty percent (60%) ofthe annual rate established a b o rich prepaid installment described in this Paragraph represents six (6) calendar months. TA first installment is due and payable on the date the vessel owner/operator completes the A ication and Agreement for Transient Moorage, and on or before the first day of any calendar oath. The second installment is due on or before the first day of the calendar month six (6) months thereafter. (4) Monthly Rate. At the option ofthe vessel owner/operator, the annual moorage fee may be paid in twelve equal monthly installments ofeighteen percent (18%) ofthe annual rate established above. Each prepaid installment described in this Paragraph represents one (1) calendar month. The first installment is due and payable on the date the vessel owner/operator completes the Application and Agreement for Moorage, and on or before the first day of any calendar month. The succeeding payments are due on or before the first day of the calendar month every month thereafter. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date. A+igacsr=r, 044Anri/_13,20/l.EffectiveJanuary1,204-12013 /a (5) All permanently assigned berths are assigned on a calendar -year basis. Prepayment of a full year's charges is due on or before December 31 of the preceding year. A vessel owner/operator may elect to prepay the annual moorage fee at the annual rate or in two semi-annual installments, each of which represents sixty percent (60%) of the annual fee due on or before December 31 of the preceding year and June 30 of the current yearA vessel owner/operator may also elect to prepay the annual moorage fee in twelve monthly installments, each of which represents eighteen percent (18%) of the annual fee due on or before December 31 of the preceding year an¢Lthe last day of each month of the current year. 0 (e) Float Plane Fees. A fee in the amount ofTWENTY SIX DOLLARS AND T Wr%E CENTS ($26.25) per day shall be charged for float plane berthing in the confines o�; a Small Boa <a�Jr nor. 210 DOCKAGE (a) Dockage Period. Dockage shall commence when a vessel is made fa -ft r harf, pi—gmk other facility, or when a vessel is moored to another vessel so berthed, and shall contim uru fessel is completely freed from and has vacated the berth. No deductions will be gale for Su ays o olidays. „Y Subsection r 210 f' (b) Basis for Computing Charges. Dockage charpeewill'be%sses`�d pn the overall length of the vessel. Overall length shall be construed to mean theli6ear distance, expressed in feet, from the most forward point at the stem to the aftermost part of the stern of,the vessel, measured parallel to the base I ine of the vessel. For dockage billing purposes, ovemdl 'l ngt.)the vessel as published in "Lloyd's Register of Shipping" will be used. If no such figure ear Lloyd Register", the City of Seward reserves the right to: a (I) Obtain the overall ewg.thfro e vc 's register, or (2) Measure the difel. (c) Vessels Dock to Repair, Six e, ca' fit or Fumigate. The shiplift dock, adjacent and to the north of the shiplift cyst i zyyas on uc and intended primarily to be used for ship repair and maintenance. Vessels re ed by liip repair and maintenance businesses occupying upland facilities at the Sew a- nd' is enter will therefore be preferred over cargo operations. Full dockage will be chg d if and a' essel is permitted to make repairs or alterations, shore for special freight, outfit, �5tf�re 0, migate bile docked at a City dock or terminal facility. Pre r�enceI served Dock Use. A vessel maybe permitted to berth at a City dock or terminal facility p; e Ci o Seward without having first made written application for a berth assignment and without sifC,an ignment having been granted. However, priority is given to City dock use reserved in advance with° Harbormaster. Further, any vessel seeking a berth at a city dock fora period longer than six (6) J q�us must complete, within twenty-four hours of arrival in the harbor, an Application anAgreementfor i ransient Moorage (see "Forms" in the preface of this document), or have a current copy of same on file in the office of the Harbormaster. Any vessel planning to remain at a city dock for a period of less than six (6) hours must notify the Harbormaster's office of such plan prior to arrival in the harbor. The Citydocks in the Small Boat Harbor include those adjacent to the fish processor's on -shore facilities, including the licensed dock area. The dock is to be used first for receiving and delivery offish and fish products to the processor's on -shore facilities. In addition, the East SMIC Dock is to be used first for receiving and delivery offish and fish products to the processor's on -shore facilities. Reservations remain effective if such use begins within twenty-four (24) hours of the scheduled use or landing. Late Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: Augte.w-:4 201­4-.jlril 23,2012. Effective January 1, 2#h22013 15 71a Subsection 210 use or arrival will be rescheduled on a space available basis. Reservation of dock use must specify arrival arrival and departure dates and the nature and quantity of the freight to be loaded or discharged. A vessel or vessel agent may secure reserved dock space under the following conditions: (1) Request for reservation is made on a Vessel Moorage Application (see "Forms" in the preface of this document), indicating berth and date(s) requested. (2) Reservation request must be received by the Harbormaster a minimum of sc3veur(7) days prior to anticipated vessel arrival. (4) The vessel agent or other person requesting a berth ("berthing agai*Q mu rovide ps may be requested by the Harbormaster as apart of the berthing process, to the ell, o his kno'\vledge, all information called for by any Supplement to Vessel MoorageyApplicatioit,see "Forms" in the prefaceofthisdocument)oranyotherinformationrespectingila s�selinclu fr„butnothinited to, its estimated arrival and departure, amount(s) and type(s) o ca ehgbre loadedldischarged, estimate ofamount of each category of charges, ellkimerate aid palmy responsible therefor. The submission of this form, signed by the bertl i;A ;AC t, shall pI stitute the berthing agent's attestation as to the accuracy of the information then .' ,Ie,d, based upon and to the extent of information made available to the berthing a the me of s'tmission; and the berthing agent shall be held `W personally 1 iable to the City of Sewaa or any financial'i suffered by the City of Seward as a result of the agent's failure to so rep curfeJy. Should the berthing agent, ubsegyent ePsubmission of this form, receive information which materially differs Ql7� )lie inf$rmaticila previously provided, and which information the agent _ ..ei, reasonably believes 7Sfiot equt;l known to the Harbormaster, it shall immediately notify the Harbornaster ald_ if re jested by the Harbormaster, promptly file an amended Supplement to Vessel Moorage A licati ith the Harbormaster. Is 71 (4) Harbo%ingster will eter-pine availability ofdock space and dates requested. Should scheduling cold cts 5 ound, t Harbormaster shall mediate a resolution which will attempt to minimize ct gpets oth (or all) parties. k fees are payable to the City of Seward at the time of reservation. Prepaid dockage ll non-refundable unless a written cancellation is received by the Port a minimum of of 14) days prior to scheduled vessel arrival. (See also Section I, Responsibility for s, Collection and Guarantee of Charge.) (6)'>`Il estimates of terminal charges are subject to approval and/or adjustment by the Harbormaster. F� The Harbormaster shall promptly, after receipt of said estimate, advise the berthing agent as to (1) its approval or adjusted estimate of terminal charges, and (2) whether posting ofcash or security is required for any one or more categories of such charges and the amount thereof. (7) An agreement is made to work continuously utilizing not less than day and early night shifts (first and second shifts) and multiple longshore gangs, cranes, and equipment to the fullest extent available in accordance with circumstances then prevailing. (8) In addition to the terns for berth reservation and establishment of financial responsibility as set forth herein, requests for berth reservation and assignments of berths shall otherwise be in accordance with all local riles and regulations established by the City of Seward. Port and Harbor Tariff Regulations City of Seward, Alaska RCVI.CIon Dale: ,4u,�t t-:�- F}d-F�ril Z.i,_012. rVfective Januoi), 1, 2044,013 16 1,3 (e) Berth May be Granted Before Payment. For safety or other reasons, the City of Seward, in some circumstances, may grant a vessel a temporary berth before the owner or agent has paid all applicable charges or otherwise complied with all applicable tariff provisions or conditions of berthing. In such circumstances, the vessel may unload its cargo only if (1) the Harbormaster determines that a regular berth is available, and (2) the owner or agent pays all applicable charges and complies with all other applicable tariff provisions and conditions ofberthing. lfno regular berth is availab4.revessel owner oragent does not pay all applicable charges and comply with other applicable provievesselmay not unload its cargo and shall sail on the next tide. The vessel shall be assessed te fees as set forth in this tariff. (f) Charges on Vessel Shifting. When a vessel is shifted directly from one wha&� beto anothi wharf or berth operated by the City of Seward, the total time at such berths will be c idei-ed together when computing the dockage charge. (g) Charges to Assisting Vessels. A single vessel, when actively engages-tr bpYassisting and made fast outboard of a vessel loading or discharging cargo, wilI,p;,accordedi.ttee dockage. NOTE: Tug boats leaving a tended vessel for the purpose bfassi�tlr?a any dther vessel shall have waived its right to free dockage for the entire period ;ofbe v&.by i1;? ei`idQ essel. (h) Notice ofHasardous Cargo and Permit Ree1)Went Not si, be given to the Harbormaster of any vessel carrying cargo which is hazardous, extremely flammaf e, corrosive, explosive or otherwise poses a significant risk of harm to property or mesons at lea' A et -four (24) hours prior to landing or use of docks. The Harbormaster, at his so] scr ton, may isssr "a permit for dock use if he finds that sufficient precautions have been taken to try a potential risks presented by such cargo. (i) Dockside Lay Time. Dockside lay ie m� e wed as scheduling permits. However, all vessels must be removed from docksid,�1a thrr(3) h s of receiving notice from the Harbormaster or his agents. 215 DOCKAGE RATES (a) Daily Docke Rtte. Tharp for dockage for all facilities outside the Small Boat Harbor is as follows except as,Mher%&Vrovid ',0.vera11`rrenath of Vessel Daily Charge Per Foot vR. to 500 ft. $0.66.68 ,A v, -h. Y01+ft. $0.66.68 hfCE: aily charge is for any period of twenty-four (24) hours. However, in computing dockage the for any period of dockage less than twelve (12) hours, dockage charges at one-half (1 /2) of one f�1 ay's dockage shall be assessed. For any dockage period greater than twelve (12) hours and less than F` twenty-four (24) hours, a full day's dockage shall be assessed. (b Monthly Dockage Rate. A monthly dockage rate equal to one-half(1/2) of the total daily dockage rate for one month may be granted as follows: (1) Tug Operators. Vessels employed solely in the business ofproviding tug service to vessels calling at any dock or terminal facility of the City of Seward may apply to the Harbonmaster for monthly dockage rates. Port and Harbor Tariff Regulations City of Sevvard, Alaska Revision Date: 4ugu,.w4-4W-4-Apri1 23,2012. Effective January 1, 2,W420/3 /7 1� (2) Vessels Under Repair. Subject to scheduling requirements, the Harbormaster may, upon request, allow prepayment of a monthly dockage rate at the Shiplift Dock subject to all of the following conditions: (i) The monthly rate shall only apply to vessels that use the dock solely for vessel maintenance and repair; and (ii) The monthly dockage rate is paid in advance by a full 30 days; and (iii) The user shall not be entitled to a refund for any reason includin iler's i1 jS mire during the 30-day period or rescheduling of the dock use by the Harbormast o o her vessel in seed of repair or maintenance.. (c) Automatic Annual Adjustment in Dockage Rates. All dockage., rates shaladjusted annually so as to be effective as of January 1", to reflect the five previous pb1iJdYyears -average increase in the Consumer Price Index, All Items, 1982-84=100 for all Urban otitttiSt`Anchorage, Alaska (" CPl") as published by the United States Department b�,abor, Bureau of Labor Statistics. Bills sent out prior to January I51 will reflect the upcoming�.lanuai-30 ad' j d rates. (For example, 2012 2013-.rates reflect an increase based on the averQtYCPl or 2Q06.2Q1Q). 220 HANDLING, LOADING AND UNLOADING <:' � Handling, loading and unloading services a rovided by indeliident agents at all terminal facilities covered by this tariff. A Temtinal Use Permit is requi• nd `uailable to any qualified agent desiring to provide longshore services at the terminal facilities ofth�ity o and ii° the firm provided by the i in the 43ri • attaelied to this -tariff.. 225 LABOR AND SERVICE A labor and service charge is esse ddition to any other charges set forth in this tariff, for all labor performed by City p6sonnel and fo ape fic services provided by the City of Seward or its agents. Service charges do not incKfBdS.charges fo do$k'age, wharfage, wharf demurrage or handling. (a) Speciifo SeAices. wing rates shall apply for services provided by the City of Seward: 4k ble wager furnished to vessels k• vss than 1,000 gallons from harbor facilities not requiring City assistance or use of fire •hydrant NO CHARGE. All service in excess of 1,000 gallons: (1) During regular business hours: BASIC CONNECT CHARGE - $52.50, (2) Outside regular business hours: BASIC CONNECT CHARGE - $105.00. (iii) In addition to (ii) above, a variable rate of $632/1,000 gallons shall be charged for potable water. (2) Electricity - Small Boat Harbor Port and Harbor Tariff Regulations City of Seward, Alaska Rcvision Datc: Effective January 1, 2FN-220/i 18 1e- (i) All Vessels (except Transient Vessels staying 15 consecutive days or less. --.—Electricity (per kilowatt hour) .......... ................... ....... .,......... _... $0.33.24 Customer charge (per month)... $-SM-1-919 10 (ii) Transient Vessels staying 15 consecutive days or less Connect Fee.......... _ _ _ _ _ _ _. _ _ _ _ ........None Electricity (daily rate)...... . 120 volt....... ... ....... . .... .... .. ... . 10.00 208 volt/single phase. ...20.00 208 volt/three phase.......... _. _ 0.00 Customer charge (per month) ......... - (3) Electricity - Seward Marine Industrial Center (i) Connect fee........................................................................('426_2.5 (6) Electricity (per kilowatt hour) ... ...... .......,$ 3A.32 (iii) Customer charge (per month)... $38. "39_90 } y - FLECTRIC DEPT SUBMITTING (4) Towing inside Small Boat Harbor- $52 5((``>s labors 5% OVERALL INCREASE -� FOR 2013 (5) Pumping vessel - $31.50 nVebor." (6) Used Oil, filter and sorb. t dis' Over 5 gallop,,, � .5 gallon gallon plus labor and equipment Filters, sgr`ien'�5( per barrel or portion thereof plus labor and equipment (b) Labor/Personnel (1) Whefi ll' r is furni e , � the City at the request of a user, it is expressly stipulated that the City acmes Iel agent f the user. The City shall charge for labor provided by the City for the All `ervices not specifically described in this tariff; �rwices of loading, unloading or transferring cargo for which no specific commodity rates are provided and which cannot be performed at the rates named under N.O.S., and cargo in packages or units of such unusual bulk, size, shape or weight as to preclude performing such services at rates named under individual items contained in this tariff; Services for which no specific commodity rates are provided and any other services for which specific rates are named in this tariff but which, because of unusual conditions or requirements of shippers not normally incidental to such services, preclude the performance, (iv) Services ofcleaning city docks, or terminal facilities, ofdunnage, stevedore gear and other equipment or material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the Harbormaster; Subsection Port and Harbor Tariff Regulations Revision Dare: igrrst--3 2914April 23.20/Z. Fffecrive./anuury 1, ;?#22013 19 City of Seward, Alaska 225 (2) Rates named in this tariff for services involving labor are predicated upon straight -time wages for a workday between the hours of 8:00 a.m. and 5:00 p.m., Monday through Sunday. When over- time or penalty time wages to labor are necessary, rates are adjusted to include such penalties or differential rates. When a user notifies the Harbormaster of a request for labor for a specified tim nd labor so n the job and ready for work at that time, the use shall be charged from the time tht as 'or is ready for for work until the work is concluded even ifthe work is delayed, provided gcll'tlay was not the fault of the City, (3) All labor provided by City personnel shall be charged at FIFTY TWO'DO ARS AI�) FIFTY CENTS ($52.50) per hour straight -time (no premium) and SEVENTY%,j,,HT DOLLARS AND SEVENTY FIVE CENTS ($78.75) per hour overtime. Work fequiring call oafs shall be charged at a minimum of two hours at the overtime rate.. •, (c) Equipment. When the City utilizes City equipment to pr Y} 9, servic under, his subsection, it will charge users for the cost of that equipment on an hourly 4. is ar - e rates J_iarged capital projects within the City of Seward for similar equipment. N �f., (1) Loader ......_.......... ........_. . ..._..� k_..... $68.25plus operator (2) Grader .._........_.... ...... .............. ... r.•;....._...__...$68.25plusoperator �1 Subsection (3) Oil Tanker . .... $47.25 225 �XG (4) Pickup Truck ...... $ 8,40 plus operator k (5) Crane Truck _.,_; p f,. __ .. _...._._ _..$12.60 lusoperator mot- (6) Flatbed Truck $15.75 plus operator _.. (7) Dump Muck rist f ......$47.25 plus operator (8) BaC Hoe .....$31.50 plus operator tl .....$31.50 plus labor ri$r(As urner$31.50 labor ..... -_ ........ . ............. ...... .. ....... . ....... plus ti 1. MiV.*ower Equipment........ _..... .... .... ..... _,....$31.50 plus labor F- 4) Specervices. Except where otherwise required bylaw, the Harbormaster has the authority to refuse 40; jtrovide or to arrange for the provision of services in addition to those set out in Paragraph (a) above. ;•� Special services, including waste, or garbage disposal shall be billed at the City's actual cost plus 35% administrative overhead charges (including City tabor costs as determined in Paragraphs 2 and 3 above) plus 125% of City costs for services arranged for by the City but provided by others. Special services shall not include the taking or handling of sewage of any kind. Sewage disposal must be accomplished by the vessel owner or his agent pursuant to federal, state and local (City of Seward) laws, codes and ordinances. (e) Miscellaneous Charges in Port and Harbor Tariff Regulations City of Sevvar-d, Alaska ` Revision /date: Aiogfwr,--2044-11pril23.20/2, EffectiveJar�uary /, _�04�a2 13 20 T 1 R (1) Meter test, each., when previous test occurred within 24 months .........................._.. .......... _.. ............................................... $ 52.50 (42) Deposit .. _......_..._.........._.................... _..............._.._ ....._...$100.00 (53) Tampering with or unauthorized breaking of meter seal ........................... ..... $525.00 (64) Dishonored check fee ....................... .......... ..... _ ....._.._.... ..._.................. ..... .. �5.00 (75) Reconnection after disconnect of delinquent account ............................. $ ?.00 "N 4e` 230 PASSENGER FEES (a) Fee. In addition to other tariff provisions, the terms and conditions of this item applyrand charges are assessed to passenger vessels, sport fishing vessels, guide and outfitter vess : s apol(-.4YY%r vessels carrying passengers for compensation. A passenger fee of $3.50 per �as�enger sh .1 be pad for each passenger embarking or disembarking a vessel at a City Dock, as such te,111 is Defined i subsection 100 hereof. The �- -, passenger fee is assessed once per passenger per excursion regardls�s o112ethe ie passenger excursion is one- wayor round-trip. As used in this subsection, "coin ens irrY t eaii _ a u entto the vessel owner or operator P P �: Y P whether by charter or through fares paid by or on behalf of pas3okvrs ��es.2000-093) Subsection 230 (b) Filing offornns and payment offees. Prior to January h, each year, operators of affected passenger vessels shall complete a passenger fee registration fo rovided by iRiy. Passenger fees shall be paid and reported to the City monthly, on a form, and in a t ner, p ovided by.flie City, within 30 calendar days of the month following the month for which the fees re 'rai may require more or less frequent filing, depending on the account status of the filer. A re u us'filed very period, even if no transactions have occurred. Failure to file a return is subject to a misse ili gf f $25 for each missed filing. Failure to remit all taxes collected or later found to be le l t e, subject to a penalty in the amount of 10% of the amount owed, plus interest charged-..' ie rn 'n'lum rate allowed by law per year, compounded monthly. (c) Failure to file. When an operator fails'to file a return, or when the city manager finds that a return filed by an operator is not PTOMe ly supported ,the city manager may prepare and file a return on behalf of the operator. Passenger tees, guTiated q a retu filed on behalf of the operator may be premised upon any information that is available to,tse city m ager c, ding, without limitation, comparative data for similar businesses. An operator for who wiaritrivolunta ; etuytis filed under this subsection shall be liable for the passenger fees stated on the retu &n wcII Iny ap .ncable penalties and interest as stated in 230 (b). 231 C ; REN,E LAND REPLACEMENT FEE I'ee ti ition other tariff provisions, the terms and conditions of this item apply and charges are assessed to •vesselsq}a, g moorage and/or dockage in the Seward Small Boat Harbor. A capital renewal and replacement �;4, f ill be a'sessed to each vessel according to overall length. The fee will apply for each calendar month or kacti` F eereof in which moorage and/or dockage charges are assessed in the Seward Small Boat Harbor. The fe�must be pre -paid with moorage, or will be billed accordingly, as follows: $5.00 fee per month or fraction thereof: Vessels 0 to 21 feet $10.00 fee per month or fraction thereof: Vessels 22 to 44 feet $15.00 fee per month or fraction thereof: Vessels 45 to 79 feet $20.00 fee per month or fraction thereof: Vessels 80 feet and longer Fees for transient vessels shall commence when a vessel is made fast to a wharf, pier or other facility, or when a vessel is moored to another vessel so berthed ("rafting"). Charges shall continue until such vessel is completely freed from and has vacated the harbor. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Dale: 23,2012 EfjecliveJanuaryl,2EN=2U13 21 235 ASSISTANCE TO BOATERS AND OTHER AGENCIES FEES In addition to other tariff provisions, when the City uses city equipment and personnel to provide assistance (such as towing), to vessels outside of the Small Boat Harbor, the Harbormaster will charge users of those services ONE HUNDRED THIRTY ONE DOLLARS AND TWENTY FIVE CENTS ($131.25) per hour for the first hour, or any part thereof, and any services beyond the first hour at 150% of the City's actual costs, including city labor costs as determined in Subsection 225 of this tariff. E 240 BOAT LAUNCH RAMP FEES 4''3 (a) Operating Policy. The City owns and provides access to pub] is launch rasp, .. Ac ess to thou amps is generally on a first -come, first -served basis, but the Harbormaster may devia' I hat pol(cy or refuse access to a ramp when, in his judgment, the public interest would be 's nyed according to his r;_ r determination of the following factors: (1) The degree of existing or potential congestion in whether the proposed launch or retrieval will afft storage areas and (2) Whether the launch or recovery poses a risk of loss of#bblicorptivate property. u Subsection } 240 (b) Launch Fees. Vessels shall be c ed T DOLLARS ($10.00) per launch from the public launch ramps, or vessel owners or opeors t tain n annual launch permit sticker for ONE HUNDRED DOLLARS ($100.00) entitling a cific' ssel 'd owner to launches from January i through December 31 of each year. This fe . clude esse s pelled solely by human power, which shall pay FIVE DOLLARS ($5.00) pert ur ;i3D LARS ($50.00) for an annual launch permit. Annual fees shall not be prorated s'� d tli arborma ter will issue annual permits upon receipt of a completed application and paymeI,erefo 245 PUBLIC SHOW 250 Public showryex ifa+� tw ty-four hours a day in the restroom facilities located in the Harbormaster's :.. building lie showersafe cooperated, and the fee is TWO DOLLARS ($2.00) (eight quarters) for 7 minutes. Change is adatl4ble m &' Harbormaster's office during regular business hours. !int'Policy. The City owns and operates a 50-ton "rravelift in the Small Boat Harbor. The Aster generally schedules vessel lifts on a first -come, first -served basis, but he may deviate from licy or refuse a lift when, in his judgment, the public interest would be served. In making this interest finding, the Harbormaster will consider the following factors: (1) The degree of existing or potential congestion in the harbor, including upland storage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or private property, including potential damage to the Travelift or other city property and/or a risk of injury to people. (b) Boat Lift Agreement. No vessel shall be lifted from land or water without a boat lift agreement Li 1 the j'c>rna riyidcd by the Cii .).(irj-Nae€orm-attaehedcrthis tariff) having first been completed. It shall be the Port and Harbor Tariff Regulations City of Seward, Alaska Revision Mute: ^": ri123 2012 L(feclive.lanuory 1, 20442013 22 responsibility of the vessel owner/operator arranging the lift to provide the Harbormaster with all relevant relevant information to conduct a safe lift including, but not limited to, the following: (1) Vessel displacement; (2) Vessel hull type and configuration; (3) Location ofall hull attachments and through -the -hull fittings including prope�lg&afts, rudders, etc.; 1= (4) Location, weight and type of ballast, fuel and water tanks, and A,. ' > (5) Any special lift requirements to avoid vessel damage. (c) Responsibilities. The vessel owner/operator, or his agent, must be prduring a e�ssel lifts and must inspect and approve the City's proposed placement of lift slings, lines ation location. It is the responsibility of the vessel owner/operator, or his agent, toVV, ���Qqvide all ckin terials, to block the vessel, and to approve the placement of the vessel on sa�d� bl`�E -: ng. It also the responsibility of the vessel owner/operator, or his agent, to assure that any ve51".1;crad bs or tra 6 upon which the vessel is to be placed are adequate in design and strength to safgl accoin »odate-,,. essel. It is the responsibility of the vessel owner/operafb assure thatade uate handling lines are placed and manned on the vessel upon its return to the waater. Subsection 250 (d) Dockside Lay Time. Dockside be removed from dockside wif 255 50-TON TRAVELIFT ✓ed as scheduling permits. However, all vessels must receiving notice from the Harbormaster or his agents. (a) Description of • harge. T ' 'ft fe the charge for lifting a vessel from the water or the land utilizing the City's 5 Travelift. A ate lift fee is generated whenever a vessel is lifted, even if it is only lifted and reloca .on IandL' fees do not include overtime labor charges for operation of the Travelift systeu�aibe Su ction 225 of this tariff. (b) t_yVi"Fee. The minimum fee for a lift shall be TWO HUNDRED THIRTY SIX DOLLARS AV TWENTY FIVE CENTS ($236.25) for the first hour of use or any portion oftime less than o lour The lift fee will be determined by the overall length of the vessel. A full lift fee is earned , o ce a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. In addition to the minimum fee, the lift fee shall be TWENTY ONE DOLLARS ($21.00) per foot of vessel length for each foot over fifty (50) feet during the first hour of use or any portion of time less than one (1) hour. Port and Harbor Tariff Regulations City of Sewwrd, Alaska Revision Dale. 4fogirs+3- _'9 jpnl 23 2012, Effective January 1, -atw22013 23 0 (3) Second and Additional Hours ofLift. All time in excess of one (I) hour shall be charged in fifteen (15) minute increments at the rate of FIFTY-NINE DOLLARS AND SIX CENTS ($59.06) per one -quarter (1 /4) hour or any portion of time less than one -quarter (I/4) hour. (4) Relocation Fee. Relocation of all vessels on the uplands shall be charged at a rate of TWO HUNDRED THIRTY SIX DOLLARS AND TWENTY FIVE CENTS ($236.25) per hour. 260 250-TONTRAVELIFT (a) Operating Policy. The City owns and operates a 250-ton Travelift in the Se vd M' ;ire Industrial :. Center. The Harbormaster generally schedules vessel lifts on afirst-come, fi�gt=�stS,rved bas'r'5:;�ut he may deviate from that policy or refuse a lift when, in his judgment, the pub) i�_terestvould be`r ed. In making this public interest finding, the Harbormaster will consider the follo�u(t factorsi (I) The degree of existing or potential congestion in the harbor, 1 '61i ding upla 4.9orage areas, and whether the proposed lift will affect that congestion; and (2) Whether the lift poses a risk of loss of public or prive pQ erty, inluding potential damage to the Travelift or other city property and/or a risk of Mfly to people. x �.. (b) Boat Lift Agreement. No vessel shall be lifted n'drpf without a boat lift agreement in the form provided by the Citvo tl}e f to att�tohj � N is tR i hac iIg first been completed. r.: It shall be the responsibility of the vesse owner/opeior ar iiging the lift to provide the Harbormaster with all relevant information to condo a safe lift incl'u"J but not limited to, the following: Subsection 260 (1) Vessel displaccment (2) Vessel hull type ab 611% Fat ri F •,�',� by (3) Location of all 1 u610ttach ents and through -the -hull fittings including propeller shafts, rudders, etc. / 0', x t., 11'; (4) Locationeight an'' ty e of ballast, fuel and water tanks; and (5) Any s' 1 li uirements to avoid vessel damage. (c) e�sponsu,�,Jrue„s. he vessel owner/operator, or his agent, must be present during all vessel lifts and must �v insect an gip. ve the Citys proposed placement of lift slings, lines and destination location. It is the 4 fie. oil ib if the vessel owner/operator, or his agent, to provide all blocking materials, to block the vdssel, ai 'to approve the placement of the vessel on said blocking. It is also the responsibility of the ves3q n e r/op erato r, or his agent, to assure that any vessel cradles or trailers upon which the vessel is to be pjXced are adequate in design and strength to safely accommodate the vessel. It is the responsibility of the vessel owner/operator to assure that adequate handling lines are placed and manned on the vessel upon its return to the water. (d) Dockside Lay Time. Dockside lay time may be allowed as sehedul ing permits. However, all vessels must be removed from dockside within three (3) hours of receiving notice from the Harbormaster or his agents. 265 250-TON TRAVELIFT FEES Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date. Aitgio,s4 �^l . ii i! 23 ?0 22 Lfective January /, - 0-J?20/3 21 M (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 250-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250-ton Travelift shall be THREE HUNDRED FORTY SIX DOLLARS AND FIFTY CENTS ($346.50) for the first hour of useahny portion of time less than one (1) hour. The overall length of the vessel will determine th 9i ee. A full lift fee fee is charged once a lift has commenced, even if that lift is subsequently i tirupC -.suspended or canceled for any reason. The risk of loss because of a suspended or nCe ed li reason of mechanical failure or difficulty with the Travelift system is the - pon bility of We' vessel owner/operator. Once a lift is scheduled and the boat owner fails to sho ahcel the ift at least one hour prior to the scheduled lift time, the minimum lift feeeill be char- . d. (2) Additional Lift Fee Rates for Large Vessels. For all vessels ovekF IV�E`(55) feet in length, an additional TWENTY ONE DOLLARS ($21.00) shall he char or 15 foot of vessel length over fifty five (55) feet during the first hour of used l- ortion dftime less than one (1) hour. (3) Second and Additional Hours of Lift. For use.. a IA.' ekeeSS fbne (1) hour, a fee of THREE HUNDRED FORTY SIX DOLLARS AN iEi f ($ 346.50) per hour shall be charged. This charge shall be assessed in not leian fifteo ,(15 t inute increments of EIGHTY SIX DOLLARS AND SIXTY THREE CENTS 6.63) ati i shall be generated per one -quarter (1/4) hour or any portion oft less th n one -qua (1 A hour. (4) Relocation Fee. Relocatio all sels on th uplands shall be charged at a rate of THREE HUNDRED FORTY S ¢DO NV FIFTY CENTS ($346.50) per hour. 270 SHIPLIFT FEE (a) Description of Charge;,, The slit lift fe—e s"the charge for I ifting a vessel from the water and returning it to the water utilizing the sljpl,ift, (b) Lift Fee. Tb6 aiplift fee shalt 4e based upon vessel length. A full shiplift fee is earned once a lift has commenced, eve � f that lifttssubsequently interrupted, suspended or canceled for any reason. The risk of los,�en' . yo usp ed or canceled lift by reason of mechanical failure or difficulty with the sl. (ift system` he onsibility of the permit holder and the vessel owner. (c) 13dsis fo ' ompu ng Charges. The shiplift fee will be determined by the overall length of the vessel. Ov all len all be construed to mean the linear distance, expressed in feet, from the most forward g t a tIV-4 9& to the aftennost part of the stern of the vessel, measured parallel to the baseline of the >lfiplift fee purposes, overall length of the vessel as published in "Lloyd's Register of Shipping" will sed. If no such figure appears in "Lloyd's Register", the shiplift operator reserves the right to: (1) Obtain the overall length from the vessel's register, or (2) Measure the vessel. (d) Preference to Reserved Use. Priority is given to shiplift use reserved in advance with the shiplift operator Reservations remain effective if such use begins within twenty-four (24) hours ofthe scheduled use. Late use or arrival will be rescheduled on a space -available basis. Reservations must specify arrival and departure dates and the nature of the work to be performed. Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: Awg,, w-, �Fl Aflri/ 23.2012. Effective January 1, 291 z2013 25 LOU A permit holder may secure a reservation under the following conditions: (1) Request for reservation is made on a Vessel Shiplift Use Application (see "Forms" in the preface of this document) indicating rail and date(s) requested. (2) Reservation request must be received by the shiplift operator a minimum off days prior to anticipated vessel arrival. (3) The permit holder must provide, as may be requested by the shiplift oper as a pT f the lifting process, to the extent of his knowledge, all infonnation called for by any. ipp ement to 1 1ft Use Application (see "Forms" in the preface of this document) or any othe%i . for lion respting the vessel including, but not limited to, its estimated arrival and departure, unt(s) and type(s) of cargo on board, and estimate of amount of each category of port charge ;:enumerated. The submission ofthisform, signed bythe pen -nit holder or )its agent �a�'t gnstitutethepermitholder's attestation as to the accuracy ofthe information therein supplied; aY d t i p'ef holder shall be held personally liable to the shiplift operator and the City rzl-,�,-ff. and for a,finan ial loss suffered by the shiplift operator and City of Seward as a result ofth e36 Ides s aijure to so report accurately. Should the permit holder, subsequent to submissiI forn ryreceive information which f w materiallydiffers from the information previo mqrgvidetl��and which information the permit holder reasonably believes is not equally known the sh opVator, it shall immediately notify the shiplift operator and, if requested by the t lift opera, promptly file an amended Supplement to Shiplift Use Application with the shiplift opMlgr. y? (4) Full lift fees are payable to the shTplAoperator at i ""time of reservation. Prepaid lift fees will be non-refundable unless a wr I4 all tgti n is received by the shiplift operator a minimum of fourteen (14) days prior t he tle vesseift. (See also Section 1, Responsibility for Charges, Collection and Guarantee of arge f Subsection 270 (5) All estimates of cc esabject to approval and/or adjustment by the shiplift operator. The shiplifj.dperatorshalY om y, after receipt ofsaidestimate, advise the pennitholderasto(])its apprdvalp�r adjustei e imate of lift charges, and (2) whether posting of cash or security is rq.1pired 1'6i Any ones.,r more categories of such charges and the amount thereof. (6) ;An agreortient made to work continuously on moving the vessel through the shiplift system `utilizing riot less than day and early night shifts (first and second shifts) and equipment to the tul(est ex4--itavailable in accordance with circumstances then prevailing. z (7 In�ldition to the terms for lift reservation and establishment of financial responsibility asset forth f h em, requests for lift reservation and assignments of lifts shall otherwise be in accordance with ^„ z all local rules and regulations established by the City of Seward. Berth May be Granted Before Payment. For safety or other reasons, the shiplift operator, in some 4^ circumstances, may allow the lift of a vessel before the permit holder or agent has paid all applicable ' charges or otherwise complied with all applicable tariff provisions or conditions of lifting. (f) Inspection of Vessels on the Shiplift Platform. Except in extraordinary circumstances and with the prior approval of the Harbormaster, vessels are not to be inspected on the shiplift platform. All vessels are to be lifted utilizing a moveable cradle system. Inspections of lifted vessels are to be limited to ascertainingthat a vessel is properly positioned on a cradle system and ready to be moved through the shiplift system to a repair booth. P01-1 and Harbor Tariff Regulations City of Seward, Alaska Rev inn Dole 1rgaea-:% 911-.April23.'0/2. GffecOve January 1, 2-W 2013 26 (g) Repairs to Vessels on the Shiplift System. Vessels may not occupy the shiplift system for the purposes of repairs to the vessel. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT SYSTEM. The shiplift system is to be used only for the movement of vessels to a repair berth off the system or the return of a vessel from a repair berth to the water. A vessel that is not being moved will be permitted to occupy space on the shiplift only with the understanding that it shall be moved when the shipl ift system is needed for any reason, including maintenance ofthe system. A vessel on notice to move which refuses to move will be assessed lay charges at TEN (10) times the normal rate, stgrting at the time the vessel is noticed to vacate. In addition, vessels refusing to vacate on demand ;%e moved by shiplift operator personnel or otherwise, and any expenses, damages to vesseltgA8.1other vessels or shiplift system during such removal shall be charged to the vessel so moved. All vessels using e sTliplift sy§tV, without proper authorization must be removed on receipt of notice from the Harbormaster o gents. (h) Notice ofHacardous Cargo and Permit Requirement. Notice shall bes&i�o the•s ,_plift operator at the time of reservation of the fuel, ballast and any unusual weight distribute n�r s Iufal requirements for lifting each vessel. Notice shall be given of any vessel c ag cargo'�ichh4i' azardous, extremely flammable, corrosive, explosive or otherwise poses a si tficairisk of >m to property or persons at least twenty-four (24) hours prior to landing or use oft he sha�lifi s n_. e shiplift operator, at his sole discretion, may issue a permit for shiplift system ii.�gtf he tila�ls thatsufficient precautions have been taken to minimize any potential risks presented.,bI'such vessel s `fir•. , .r (i) Dockside Lay Time. Dockside lay time maybe all&kgd as sc edul ing permits. However, all vessels must be removed from dockside within threwQ) hours o`fteceiymg notice from the shiplift operator or his agents. f`= (j) Lift Fee Rates. The lift fee shp e OLL� RS AND FIFTY CENTS ($10.50) per foot of vessel length. This fee does not inclu kabo%aar for operation of the shiplift system as described in Subsection 225. This feg qu.Qt 6,%Lude a: daily lay charge as described in Subsection 265. 275 DAILY SHIPLIFT LAY (a) Descripliowo arge. T e y lay charge is the charge for vessels either on the shiplift system or upland o�e sht i$ syste on repair berths. (b) Lgy.-Fge.,Dail�- �ch es shall be based on the number of complete or partial days a vessel is on the IlpliY ystem o pland of the system. Each day commences at 12:01 a.m. In computing daily lay 1or�ess tjn 12 hours, lay charges at one-half (1 /2) of one full day's charge shall be assessed. For �ch'aTges n�ay timeeater than 12 hours and less than 24 hours, a full day's lay charge shall be assessed. r ` (c) /3rtsuf7omputing Charges. The daily charges shall be assessed against a vessel regardless of vessel -- s' size dirlength. The daily charge is TWO HUNDRED TEN DOLLARS ($210.00) per day or a portion thereof. Vessels using side rails shall be assessed a lay charge of THREE HUNDRED FIFTEEN DOLLARS f ($315.00) per day or a portion thereof. 280 UPLAND STORAGE (a) Area of Land Available. The City of Seward will make available a limited area of land in the Small Boat Harbor and the Seward Marine Industrial Center (SMIC) for storage of boats or boats on trailers subject to the following conditions: Port and Harbor Tariff Regulations City of Seward, Alaska Revision Date: rtugft.vi-5-29 44pril73,2012 E.fectiveJanuary 1,?{N-2_013 27 (1) Space is made available on a first -come, first served basis. (2) No vessel or trailer may be placed on the designated upland storage area without prior permission of the Harbormaster. (3) Subject to City ofSeward policy and procedures, vessels undergoing active repairs may use upland storage space. Charges assessed depend upon the nature of work being conduoYed. (b) Calculation of Rates. Charges shall be based on the overall length ofthe vessel op,6ger (whichever is greater) and shall be based on a per -calendar -month charge. , (c) Gay Time Rates �5 (1) Small Boat Harbor Lay time for upland storage in the Small BoaLHarbor shal be charged at a rate of NINE DOLLARS AND NINETEEN CENTS ($9.19) per day for sta s' 4;1?.ten (I6%9'ys or less in any calendar month. For stays of eleven (1 I) days or more ill any cater ar io�slk the lay time shall be charged at a rate of NINETY ONE DOLLARS AND EIGeZ ,,SIGH ENTS ($91.88) per calendar month for a vessel, trailer or cradle up to fifty (50) feet i ngth- he moi hly charges for larger vessels shall include an additional ONE DOLLAR_AND FIFTYli GHTyC);NTS� 1.58) per foot for each foot over fifty feet in length. Sevvard Marine Industrial Center. LayAitttp for upland storage in the Seward Marine Industrial - Center shall be charged at a rate off fteeii te er linear foot of the overall length of the vessel per calendar day. For stays of I s er than I.. arm BO onsecuti-ve-EIays; the lay time shall be charged at a rate of thin-tu-L\went $Q,20-11 per I(pear foot of the overall length of the vessel per calendar day after one :ear, A Formatted_ Indent: Left:, 0.63 T Formatted: Indent Left: 0 63", Tab stops: (d) F,nrptyCradleslfrailersandEqui ent fitpu osesofthistariff,avesseltrailerorcradleorequipment 1",Left stored beyond a 10 foot rag I the set s`h be measured and charged thirty cents ($0.30) per square —`- `C f _.. foot per calendar �' "' p daynaonth 8 radl _ -,tt; Qe s or equipment placed or remaining on the upland storage area prior to or afterFa��+e�ssel i tored shall generate storage fees at this rate. 285 WHARFAGE ?' (a) Applicattpn ofCl`' e. WIPage rates named in this tariff will be charged for all merchandise received over t vcl It ck f t)_ City of Seward and will be in addition to all other charges made under prpul Eons of tl'; arrf-EXCEPT �� eta 9 "o whar e sh) be charged to ship's gear, such as strongbacks, lines, hatch covers, walking boards, t etc. ace • harf during unloading operations. Fuel handled over wharf will not be considered as la� s to nd will be subject to wharfage and other charges that may be incurred. 40, (l Overv9de. One-half of wharfage named herein will be charged to merchandise discharged or lcaded over -side of vessel directly to or from another vessel or to the water when vessel is berthed at a evharf (c), Over -stowed Cargo. Over -stowed cargo destined for discharging at another port will be exempt of wharfage charges, provided that such cargo is not removed from wharf prior to reloading to the vessel. 290 WHARFAGE RATES (a) Schedule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of 2,000 pounds or per 40 cubic feet. Port and Harbor Tariff Regulations City of Se ward, Alaska Revision Dale' 4vgw;Wt 4--2-044 113:01_'. EffecuveJanuory 1, 29122013 28 ZE_ 295 Commodity Wharfage Rate FreightN.O.S..........................__.......................................... .._.__.._........_._..._.. $3.15 Scrap (iron, steel) ..._.... _....._.... ..... _.... .......... _... $ 3.15 Raw fish, unprocessed ..__........... ..........._....,. _.... ......._ _ ...._ .........__. _,... J,3.15 Poles, logs, cants or cut finished lumber£ per MBM (Note: 2,000 Ibs shall be deemed 1 MBM _.....__ r ..............._...._. $',,15 ... ,.....o-..,. Petroleum products (inbound) per barrel ............ ....... ........_. ......._ ....'...$ 0.1` Petroleum products (outbound) per barrel ....... . _... ...... .. .. $ 0.25 Petroleum products (gasoline) per gallon ............. ....... �,$�9810.015 Petroleum products (diesel) per gallon .... ... .......... .. $4-0W.0075 Plastic material _._ . ... __ 5 a, $ 4.20 Explosives _. .. .......... ..... $ 26.25 Vans or containers (net contents weig...... ... .__..._..., ...__........ $ 2.10 Vehicles (gross vehicle weight $ 5.25 `... Bulk gravel .. Bulk salt.. __„w.. . ___.. ...... 0.89 x., (b) Discount Rates Based ovuarNl Payments. Upon approval by the Seward City Council, those shippers who elarantee mmitpin levels of wharfage payments regardless of actual shipments may, obtain a written pr a': pent agre;,n,,e (in the torn provided by the City)-oll t{ rattae"e�' , 8 taF�. The disco. pted r s shall e as follows based on a guaranteed annual payment of at least $250,000 imbr products, first 100,000 tons .. _... __ _ __ _ $ 1.58/ton 0s......_...._..._...............___........_.__....... ... _.. __... $ 1.31/ton 180,000 tons ...... .............. ... __..... .,.................... ............ _.................... $ 0.53/ton (ajq: Description of Charge. A charge will be assessed against cargo remaining in or on terminal facilities after the expiration of free time, unless arrangements have been made for storage. (b) Calculation of Free Time. Free time is calculated exclusive of Saturdays, Sundays or holidays. Free time starts at 7:00 a.m. after freight is received or unloaded onto wharf from car of truck or, in the case of freight received from vessel, at 7:00 a.m. after completion of vessel's discharge. On outbound traffic, the day or days vessel is loading are not included in the computation. On inbound traffic from vessel, delivery of which is made after the allotted free time, the day freight is loaded out or delivered to truck or car is to be included in the computation as a storage day. Port and Harbor Tariff Regulations Revision Date: .3rrgrrs0-2044ARril23 2012 Effective January 1, 24142013 29 No City ofServard, Alaska VIE im in When freight is transshipped between deep-sea vessels and involves application ofboth along and a short time period, the longer period shall be allowed, but not the aggregate of any two free time periods. (c) Free time. Free time of five days will be allowed on all inbound traffic. Free time of ten days will be allowed on all outbound traffic. (d) Rates. After expiration of applicable free time, wharf demurrage will be assessed at tl fo`llowing rates (per day, per ton 2,000 lbs. or portion thereof):i Corn nodiN First 5 days After 5 days i All freight, N.O.S. $ 1.26 $ 2,52 Mobile homes, portable buildings, 'v_ living quarters $26.25/day/unit $10' /dav/unitIQ"' Upon prior arrangement with the Harbom,aster, upl� TWENTY-SIX CENTS ($.26) per square foot for each time above. (e) Lay -Down Areas. All cargo is expected to vac city , possible. Cargo is not to be stored on city doeks�•piers prior arrangements are made with the Harborll)Zte, refuse all cargo activities and/or lay -do ^either inbou, "beyond" transportation shall adherrhetfollowing r (1) Lay down areas are outs0kof AQ. wate?.Tront I monthly at a rate of after expiration of free :s and piers as soon upon arrival as awaiting pick up by vessels unless naster shall have the discretion to d. Cargo that is allowed to wait for immediately adjacent to the dock, wharforramp. (2) Cargo may notpe plaeQon t. TO d6cks or terminal facilities except in the designated lay -down areas. - A— @v (3) Cargo Od freight not pkaced in a designated lay -down area must be immediately removed from a city d-6it;;gr tenninaJ faCjlity upon order of the Harbormaster. (4) "'verse shipper consignee who refuses to move cargo on demand will be assessed wharf ;,:;demurrag at fi,e times its applicable rate, starting at the time the vessel, shipper or consignee is x ngticed to the cargo. [.fon, the Harbormaster may, in his discretion, move cargo or freight, and any expense or ss, including damage to cargo or freight during such movement, shall be charged to the shipper or consignee, except for damages caused by the City's own negligence. Port and Harbor Tariff Regulations City of Seivard, Alaska Revision bale: Atigirvi-3-4044oril -3, 012 LJfeaive Jonuary 1, 2422013 30 Sponsored by: PACAB CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2012-002 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD, RECOMMENDING THE REVISION OF THE 2012 AND 2013 HARBOR TARIFFS TO CORRECT ERRORS AND TO ESTABLISH A BASIS FOR PRO -RATING CHARGES FOR NEW TENANTS WHEREAS, the City of Seward, Harbor Department has found certain discrepancies in the 2012 and 2013 Harbor Tariff as they were originally adopted on October 24, 2011; and WHEREAS, it has been the City Council's intent to allow harbor customers on the wait list to be offered and accept moorage slips until June each year; and WHEREAS, new reserved moorage customers should benefit from a pro -rated moorage rate if they accept a moorage slip after January 1; and WHEREAS, transient moorage customers that convert to tenant moorage will also benefit from better rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The 2012 and 2013 Harbor Tariffs are hereby updated to correct specific errors especially in Subsection 200 (b). Section 2. New regulations will be added to the tariff to benefit customers who sign-up for reserved moorage slips in Subsection 200. Section 3. This resolution shall take effect 10 days following adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board this 7tn day of March 2012. Port and Commerce Advisory Board RESOLUTION 2012-XXX THE CITY OF SEWARD, ALASKA Deborah Altermatt, PACAB Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seat) Mello Dort and,Commerce Advisory Board, I am writing in regards to the harbor code, and how it pertains to annual moorage rates. In mid May I splashed my boat and was relieved, after a three year wait, to be offered a permanent slip. I paid the $2,000 for annual moorage on May 8th. 1 have recently received a $2,200 bill for next year's moorage, because it is based on the calendar year. Which means in a seven month period, I will have had to come up with $4,200 to moor a 36' sailboat (43' overall). When paying an annual fee in May, l think it is reasonable expect 12 months of moorage in return. I do not see why the customer should not receive the benefit of the annual moorage if they bring their boat in on any day other then January 1st. Seeing as our harbor is city owned, I think it is worth looking out for the best interests of it people. The Annual fee for a 43' boat has gone up roughly $350 dollars since 2008, and is currently $900 more then Valdez harbor and $800 more then Cordova harbor (both of which are nice, updated harbors). As far as a solution goes, I could see perhaps the next years annual fee being prorated from May to Dec 31 as to stick with the calendar year and to make sure the first years fee is not taken advantage of. Changing this code would help future boat owners, and those considering moving there boat here, have a realistic idea of what they can expect to pay (regardless of when there boat arrives here). I thank you for your consideration of this problem, Devin 9U William and Amy Hankins February 4, 2012. P.O. Boa 3261 1 Seward, Alaska 99664 4 {` Mr. Mack Funk t ` Harbor Master, City of Seward P.O. Box 167 Seward, Alaska 99664 Dear Mr. Funk: RE: Transient to Permanent Moorage Fee Policy Thank you for taking the time to meet with me to discuss certain Seward Harbor moorage policies. For your reference my husband and T have resided in Seward since 1998. We own the 70' commercial fishing vessel, Chandalar which tenders salmon and delivers halibut and sablefish into Seward and other South Central Ports. Our portion of raw fish tax that came back to the city directly was $30,780 2)for the last five years alone. We also own a 34' pleasure craft, the "Little Bear''. To recap: In August of 20111 paid $1595.26 for 12 months worth of transient moorage for the Little Bear. This was recommended by harbor staff to save on the overall moorage costs. On January 24`1', 2012 we received a notice offering a permanent slip for the Little Bear. I.n order to transfer from a transient to permanent moorage contract, we were informed by harbor staff that we would receive a credit on unused transient moorage that would be applied to our new tenant moorage account. The ciu-rent policy would credit back the total of $1595.26 paid for annual moorage or $133/mo. However then retro-charge us at the highest possible rate of $1291,86 for 5 months-- August tIu-u December ($258/mo) that the Little Bear was moored as a transient tenant Tliat is a $l25/tiao increase from the annual rate I was encouraged to pay upfront in August! This is an unfair billing policy that obviously looks to fleece Seward harbor users. It is more equitable that a credit of my original payment of $1595.26 be prorated for the 7 months of unused moorage under that contract and then be applied to the new permanent tenant contract. Therefore I request that a credit of. $930.58 ($133*Imo) be applied to that contract. In good faith, and as encouraged by harbor staff, I paid a full annual transient moorage fee for the Little Bear to save on costs. However now I am charged more and seemingly penalized for moving into a permanent stall contract. This policy seems unethical and does not exude fair billing practices between the city and its users. I encourage you to review this policy and put fortb action to make it more user friendly and fair to both parties. As a citizen of Seward I have been committed to volunteering in,/ time as well as giving financial contributions throughout the community, including city sponsored events and. local activities that help make our town welcoming and fi•iendly. However such donations and efforts get discouraged when the city allows inhospitable harbor policies like this one to prevail. In conclusion, I ask that you place slip K- 044 on hold so that we don't lose our permanent slip otler4ig while we are waiting for a moorage credit resolution. Let's work together to make Seward an attractive city to live, recreate, and do business in! rely, Amy . n. in. 907 _4-3808 CC: Port and Commerce Board, Seward City Council, Seward Mayor C�� From: Brett Wilbanks [mailto:Brett@AKFish.net] Sent: Sunday, April 29, 2012 9:12 AM To: Harbor Master Cc: Ron Long Subject: overcharge for transient to perm moorage Harbormaster, M I paid for 12-months of transient moorage in September 2011. Like most, I have also been on a waitlist for permanent moorage for several years. In April 2012, 1 received an offer for permanent moorage from harbor staff. It is a fact that transient rates are higher than permanent rates. I have five months remaining on this service. When I secured the new permanent slip, the harbor staff immediately charged me one 6-month pre -pay, plus two single months for my newly assigned slip for payment into December 2012. My 12-month pre -paid transient should have covered this timeframe. I asked about credit back from my already pre -paid transient service. At that time, the staff attempted to "reverse" charges, and credit my already paid 12-month rate, then proceed to charge me at the higher 6-month rate. In the end, it cost me more to get a "refund". The policy guidance for harbor staff suggests, "...to the advantage of the customer...", when it comes to working out transition from transient to permanent. At no time, does it suggest that short term and higher rates are to be used AFTER the fact. This method used to calculate "refunds" does not benefit ANY customer. The effect of this is that I now have two moorage services for ONE vessel. When I attempted to recover the 5 months transient moorage that I pre -paid, the harbor staff would only change the terms, and pretent that I didn't pre -pay, b400 y charging at the higher 6-month rate, or the single month rate. This is significantly higher. I have spent TWICE what I should have to moor the vessel, and now have TWO places to keep the vessel. The vessel can only be in one of those spaces at a time, and the harbor will not allow me to sub -let, so a refund for PRE -PAID services should be at the same rate that I paid, not a new rate applied at refund time. There are proposed changes to city code that specifically address a conversion from transient to permanent moorage. The intent is to make sure the customer does not get double or over -charged, and the clarification in code will eliminate this interpretation of harbor staff that double charges harbor customers consistently. It is the worst case for the customer when the payment schedules are out of phase by six months; just the situation I am in. I am owed approximately $87S in credit (5 months at the 12-month 2011 transient rate, plus capital improvement fees, plus tax) towards my pre -paid permanent moorage. Please apply all credits to my permanent moorage account. Brett Wilbanks Norskip 907-529-2993 Sponsored by: Seward Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2012-003 [REVISED] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, NAMING THE NEWLY CONSTRUCTED NORTH FOREST ACRES LEVEE DRIVE SURFACE, AS DIECKGRAEFF ROAD; LOCATED WITHIN THE PUBLIC ACCESS EASEMENT ON TRACT B, DIECKGRAEFF-GILLESPIE REPLAT; LOCATED AT 2501 SEWARD HIGHWAY WHEREAS, On January 9, 2012 Council referred Resolution 2012-03 back to the Planning and Zoning Commission for further public comment and review; and WHEREAS, on April 3, 2012 the Planning and Zoning Commission held a public hearing as requested by Council, all comments and review requests are included within this revised City Council Resolution 2012-03; and WHEREAS, the North Forest Acres Levee project was constructed with a two (2) lane road on top to accommodate and help reduce neighborhood traffic to the Seward Transfer Facility and other commercial facilities; and WHEREAS, City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward; and WHEREAS, the name "Dieckgraeff Road" does not meet portions of Resolution 85-10 because of the "unconventional spelling," and is not "easy to read," but is well known locally; and WHEREAS, Section 1, Item 2 of Resolution 85-10 also refers to the requirements of the Kenai Peninsula Borough Street Naming Methods; and WHEREAS, the name "Dieckgraeff Road" meets the general conditions of Title 14.10.040 Street Naming Methods of the Kenai Peninsula Borough but is not supported by the Borough Addressing Officer due to the complicated spelling and pronunciation; and WHEREAS, for many years the Dieckgraeff family has worked and supported the flood mitigation efforts of the Seward community; and WHEREAS, following the additional public work session and meeting the Planning and Zoning Commission continue to support the name of "Dieckgraeff Road" for the North Forest Acres Levee drive surface; and 1� CITY OF SEWARD, ALASKA RESOLUTION 2012-003 [Revised] WHEREAS, the official naming of drive surfaces within the City must be designated by Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The North Forest Acres Levee drive surface, from the Seward Highway west to the intersection of Dimond Boulevard, shall be officially named Dieckgraeff Road. 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 14"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) l� THE CITY OF SEWARD, ALASKA David Seaward, Mayor R Council Agenda Statement Meeting Date: May 14, 2012 , Through: Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Recommending City Council o ficially name the North Forest Acres Levee drive surface Dieckgraeff Road BACKGROUND & JUSTIFICATION: After many years of continued work, the North Forest Acres Levee project was designed and constructed with a 24 foot drive surface and 4 foot wide shoulders from Dimond Boulevard to the Seward Highway. On August 8, 2011 the City held the ribbon cutting ceremonies and opened the new "Levee Road" connecting the Seward Highway to Dimond Boulevard and directing heavy traffic away from the North Forest Acres Subdivision.` Following the opening of the North Forest Acres Levee drive surface the road was posted with the commonly known name of "Levee Road" for identification purposes. In order to add a new road name to the Kenai Peninsula Borough (KPB) E911 Master Street Addressing Guide (MSAG), the new road must be officially named by Council resolution or accepted through a platting action. Therefore the commonly known name of "Levee Road" was advertised and brought forward as the recommendation to the Planning and Zoning Commission at the November 15, 2011 meeting in Resolution 2011-12. The Commission amended Resolution 2011-12, changing the recommendation to "Dieckgraeff Road." The recommendation was then forwarded to Council on January 9, 2012 in City Council Resolution 2012-003. Several Council members were contacted by members of the public with concerns regarding the naming process and the substantial change from the "Levee Road" recommendation to the "Dieckgraeff Road" recommendation made at the Planning and Zoning level. Following a Council discussion Resolution 2012-003 was referred back to the Planning and Zoning Commission to conduct a public hearing and reevaluate the substantial change recommendation to Dieckgraeff Road. Concerns were voiced that the public did not have an opportunity to speak to the substantial change when the commonly known name of Levee Road was amended to Dieckgraeff Road; that the substantial change perhaps did not meet the provisions of City Council Resolution 85- 10 and the Kenai Peninsula Borough E911 Addressing Officer did not support the Dieckgraeff Road recommendation. On April 3, 2012 the Planning and Zoning Commission held a public hearing on the Dieckgraeff Road recommendation. One member of the public spoke strongly against the difficult spelling and pronunciation in emergency situation while strongly supporting the Dieckgraeff family and the huge support they have been to the community. 1Kl� Seward City Council Agenda Statement for CC Resolution 2012-003 [Revised] Page 2 of 3 City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward. Since the established procedure several roads and/or streets have been officially named by the Council. The Dieckgraeff Road name does not meet several provisions of Resolution 85-10. Those provisions are "Names should be easy to read (so that the public and children in particular, can handle the name in an emergency situation). And "Avoid names which are frivolous,'complicated, or undesirable; names which include unconventional spelling and compound words." With the establishment of the enhanced 911 system, the KPB also established criteria for road and/or street naming. While Dieckgraeff Road meets the basic Borough criteria the E911 Addressing Officer does not support the name due to complicated spelling and pronunciation, especially in an emergency situation. (Please see the included formal letter) While the name "Levee Road" has been used for the drive surface constructed on the top of the North Forest Acres Levee since the inspection of the project the name cannot be added into the E911 system until Council provides an official naming resolution. This road runs from the Seward Highway west to the intersection of Dimond Boulevard. Dimond Boulevard then continues on to the Kenai Peninsula Borough Transfer Station and other commercial enterprises. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) X _ Public Safety: We value a safe community and a feeling of security. (Volume I, page 14) 3.8.2 Flooding and Floodplain Development (Volume Il, page 66) A discussion of building the levee for flood protection and "it will give relief to traffic volume on Dimond Boulevard." 2. Strategic Plan (1999) X Promotes a safe community. 3. Seward City Code X Numerous areas of the City Code discuss the use of addresses and street names. Providing the correct location is critical in public safety response. At the time of this report, staff has received three (3) public comments which have been included in the packet for your review. The Planning and Zoning Commission discussed the North Forest Acres Levee drive surface naming at the public work session on February 21, 2012, no public attended. Several verbal phone calls were received in the Community Development office and one in the Clerk's Office all spoken in opposition to the Dieckgraeff Road name but the callers did not wish to leave their name. Seward City Council Agenda Statement for CC Resolution 2012-003 [Revised] Page 3 of 3 INTENT: To officially name the North Forrest Acres Levee Drive Surface so that the name can be added into the official E911 Street Naming System. FISCAL NOTE: Approximate costs from Public Works for replacing the street sign is less than $500.00. Approved by Finance Department: ATTORNEY AND STAFF REVIEW: YES No X RECOMMENDATION: Options: Fail the Resolution and provide staff further direction on the official name recommendation for the North Forest Acres Levee drive surface. Postpone indefinitely and schedule a work session to discuss the North Forest Acres drive surface name recommendations. 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I Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE OFFICIAL NAMING OF THE NEWLY CONSTRUCTED NORTH FOREST ACRES DRIVE SURFACE, AS DIECKGRAEFF ROAD; LOCATED WITHIN THE PUBLIC ACCESS EASEMENT ON TRACT B, DIECKGRAEFF-GILLESPIE REPLAT; LOCATED AT 2501 SEWARD HIGHWAY WHEREAS, the North Forest Acres Levee proj ect was constructed with a two (2) lane drive surface on top to accommodate and help reduce neighborhood traffic to and from the Seward Transfer Facility and other commercial facilities; and WHEREAS, on August 8, 2011 the City held the dedication and opening ceremonies for the newly constructed North Forest Acres Levee drive surface; and WHEREAS, on November 15, 2011 the Planning and Zoning Commission amended Resolution 2011-12, recommending the name Dieckgraeff Road, which was a substantial change to the originally staff presented and advertised resolution with the name recommendation of Levee Road; and WHEREAS, on January 9, 2012 the City Council referred the recommendation back to the Planning and Zoning Commission to review the substantial change for compliance and hold a formal Public Hearing on the recommendation of Dieckgraeff Road; and WHEREAS, City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward; and WHEREAS, the Dieckgraeff Road recommendation meets a small portion of the Resolution 85-10 Street Naming System; it does not meet recommendation 2. (ar(1); and WHEREAS, the official naming of any drive surface within the City Limits must be , designated by a platting action or a Resolution of the City Council; and WHEREAS, hav�ng complied with the public notification process, on April 3, 2012, the Seward Planning and Zoning Commission held the requested public hearing on the recommendation of naming the North Forest Acres Levee drive surface, Dieckgraeff Road. Seward Planning and Zoning Commission Resolution 2012-03 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the City Council approve the official naming of the North Forest Acres Levee drive surface as Dieckgraeff Road. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3ra day of April 2012. THE CITY OF SEWARD, ALASKA 'QZ s4� Sandie Roach', Chai AYES: Ecklund, Butts, Morgan, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: J hanna Kinney, CMC 6,.•• �® ity a4 off, eOo Clerk �ol.Acvseyy��e• °I (City Seal) 1. a OF'p%a 3. City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 69 Resolution 2012-03 of the Planning and Zoning Commission of the City of Seward, r Alaska, recommending City Council approve the official naming of the newly constructed north forest acres drive surface, as Dieckgraeff Road; located within the public access easement on Tract B, Dieckgraeff-Gillespie Replat; located at 2501 Seward Highway j Glenz stated the official road naming must be by Resolution of the City Council or by a platting action. Resolution 2011-12 came before the Commission in November, 2011 and the recommended name was Levee Road. The Commission amended the Resolution changing recommendation to Dieckgraeff Road and the recommendation was forwarded to City Council. City Council referred the resolution back to the Planning and Zoning Commission to hold a public hearing and reevaluate the Dieckgraeff Road recommendation. Glenz further explained the Kenai Peninsula Borough street naming criteria. Ecklund asked Administration who originally brought forward the resolution for a naming recommendation. In response to Ecklund Glenz noted the original recommendation of Levee Road was brought forward to the Planning and Zoning Commission for support. The naming of a road within the City Limits had to go before Council for approval and the intention was to note the support of the Planning & Zoning Commission. Commissioners further discussed the merits of the proposed road name and the possible actions that could be taken. Long stated that City Council wanted the public to have the ability to comment on the suggested name change from Levee Road to Dieckgraeff Road. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Seward resident Carol Griswold stated she had not known the Commission planned to amend the recommendation changing the proposed road name when the Levee Road resolution came before the Commission. Griswold appreciated the opportunity to express her concerns with the name change and read a letter of support for the name Levee Road. There were no requests to be heard and the public hearing was closed. Motion (Butts/Morgan) Approve Resolution 2012-03 Butts commented that the proposed name of Dieckgraeff Road was appropriate and meaningful and supported moving it forward to Council. �N City of Seward, Alaska Planning Commission Minutes April3, 2012 Volume 6, Page 470 ^ Commissioners further discussed the suggested name and the history of naming Seward roads or streets after individuals who made contributions to the community. Motion Passed Unanimous Resolution 2012-04 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code 15.10.140 Definitions Glenz explained the history of the proposed Seward City Code changes. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (EcklundButts) Approve Resolution 2012-04 Motion Passed Unanimous Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Glenz explained the history of the proposed City Code changes and results of the joint work session that was held with City Council. Ecklund asked about the timing of the proposed City Code changes and whether summer residents would have the opportunity comment before City Council. Glenz said the internal process requires three weeks before the proposed City Code changes would come before City Council for introduction. The Commission requested that the internal processes be reviewed, in the event that items might need to come before City Council in a shorter period. Long said he would review the required deadlines for agenda items. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Ecklund) 0' Approve Resolution 2012-05 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011-12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE OFFICIAL NAMING OF THE NEWLY CONSTRUCTED NORTH FOREST ACRES LEVEE ROAD, AS DIECKGRAEFF ROAD; LOCATED WITHIN THE PUBLIC ACCESS EASEMENT ON TRACT B, DIECKGRAEFF-GILLESPIE REPLAT; LOCATED AT 2501 SEWARD HIGHWAY WHEREAS, the North Forest Acres Levee Road project was constructed with a two (2) lane road on top to accommodate and help reduce neighborhood traffic to the Seward Transfer Facility and other commercial facilities; and WHEREAS, on August 8, 2011 the City held the dedication and opening ceremonies for the newly constructed North Forest Acres Levee Road; and WHEREAS, the travel way was commonly called "Levee Road;" and WHEREAS, City Council Resolution 85-10 established a Street -Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City Limits of Seward; and WHEREAS, Section 1, Item 2 of Resolution 85-10 also refers to the requirements of the Kenai Peninsula Borough Street Naming Methods; and WHEREAS, the name "Levee Road" meets all of the conditions of both the City Resolution 85-10 and Chapter 14.10 Street Naming Methods of the Kenai Peninsula Borough; and WHEREAS, the official naming of "DIECKGRAEFF Road" must be designated by action of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: �03 Seward Planning and Zoning Commission Resolution 2011-12 Page 2 of 2 Section 1. The Commission recommends the City Council approve the official naming of the North Forest Acres Levee transfer station access road as "Dieckgraeff Road". Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15'h day of November 2011. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: Morgan, Ecklund, Butts Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: J liana Kinney, CMC ity Clerk (City Seal) s `♦•;� OFf,p�,I•., '. Ky b '• b a .ea..e¢S:esa s �Cp bd G NI al$0099292li aysi J City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 460 Glenz explained the Land Use Plan and noted the zoning designations for the parcels remained the same with the platting action. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Aaron Johnson, owner of the parcels, said he would like to have a business, but would need to explore available resources and consider the economic potential of any future business he might undertake. There were no further requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2011-14 Ecklund said she was pleased that the property was slated for possible development and continued use. Roach' also said she was grateful that an entrepreneur was planning to come into the community and develop. Motion Passed Unanimous Unfinished Business — None New Business Resolution 2011-12 of the Planning and Zoning Commission recommending City Council approve the official naming of the newly constructed North Forest Acres —71;;� Levee Road, as Levee Road; located within the public access easement on Tract B, Dieckgraeff-Gillespie replat; located at 2501 Seward Highway Glenz explained the history of the levee construction and its design. The ribbon cutting ceremony for the levee drive surface was held on August 8, 2011. The route connects the Seward Highway to Dimond Boulevard, rerouting industrial traffic away from residential streets in the Forest Acres neighborhood. Glenz noted the naming of the levee road, as Levee Road, met all of the criteria outlined by the City and Kenai Peninsula Borough. In response to Butts, Glenz stated that no other name suggestions had been received. She continued to explain that Levee Road had been the informal name for the road during several years of planning and development. There was no City guideline requiring public input or suggestions for street names. A street sign identifying Levee Road had been put in place. Butts asked what process was required for suggesting a different name for the road. t 4S City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 61 Glenz said a public process would require advertising; noting staff would support the effort to solicit name suggestions from the community if that were the wishes of the Commission, or the Commission could simply amend the Resolution before them. She noted the road was to have no individual addresses assigned because there was to be no access to or from any parcel along the route. Roach' asked how much community input there had been regarding the naming of the road. Any input would have occurred at the various public meetings related to the project that had been held over the years, Glenz noted. In response to Ecklund, Glenz stated the agenda had been posted and advertised to the public and no members of the public had offered comments. Butts stated he had received a suggestion that the route be named Dieckgraeff Road, in honor of Frank Dieckgraeff. Commissioners and staff further discussed the location of the road, the access easement and future platting possibilities. Motion (Ecklund/Morgan) Approve Resolution 2011-12 Motion (Butts/Morgan) Amend Resolution 2011-12 to replace the suggested name of Levee Road with Dieckgraeff Road Butts said the late Frank Dieckgraeff and the Dieckgraeff Family had been instrumental in developing the North Forest Acres Levee and assisting with flood prevention measures. Morgan asked for clarification if the intention was to name the road Dieckgraeff Road or Dieckgraeff Levee Road. Butts said the intention was to name the road Dieckgraeff Road. Motion Passed Unanimous Main Motion Passed as Amended Unanimous Resolution 2011-13 rescinding Resolutions 2011-09 & 2011-10, recommending City Council amend portions of Seward City Code 15.10.140 Definitions; 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table c lv Sponsored by: Seward Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2012-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, NAMING THE NEWLY CONSTRUCTED NORTH FOREST ACRES LEVEE DRIVE SURFACE, AS DIECKGRAEFF ROA3?; LOCATED WITHIN THE PUBLIC ACCESS EASEMENT ON ' TKACT rB; DIECKGRAEFF-GILLESPIE REPLAT; LOCATED. AT , 2501 SEWARD HIGHWAY WHEREAS, the North Forest Acres Levee }?roj ect vconstructed with a two (2) lane road on top to accommodate and help reduce neighborhbod.traffic to the Seward Transfer Facility and other commercial facilities; and WHEREAS, the travelway hpen comrnQnly, called "Levee Road" and signage was placed at the intersection of the Seward 1#— ay and the levee access; and Resolution 85-10established aStreet-Naming and Numbering WHEREAS, City Council System to provide a standardpproaci tothe naming and numbering of streets within the City Limits of Seward; and WHEREAS, Section 1, Item 2 of Resolution 85-10 also refers to the requirements of the Kenai Peninsula Borough Street Naming Methods; and WHEREAS, thePlanning and Zoning Commission amended and approved Resolution 2011- 12 reeornmending the name Dieckgraeff Road as the official name for the North Forest Acres Levee drive surface; an WHEREAS, the name "Dieckgraeff Road" meets the conditions of both the City Resolution 85-10 and Title 14.10.040 Street Naming Methods of the Kenai Peninsula Borough; and WHEREAS, for many years the Dieckgraeff family has worked and supported the flood mitigation efforts of the Seward community; and WHEREAS, the official naming of drive surfaces within the City must be designated by Resolution of the City Council. 'al CITY OF SEWARD, ALASKA RESOLUTION 2012- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The North Forest Acres Levee drive surface, from the Seward Highway west to y�. the intersection of Dimond Boulevard, shall be officially named Dieckad. Section 2. This resolution shall take effect PASSED AND APPROVED by the City Council of tb,Kity of' arcl, Alaska, this 9`h day of January 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: (City Seal) `►112 City of'Seward. Alaska City Council Minuses January 9 2012 Volume 38, Page 718 Motion (Terry/Shafer) Motion Passed NEW BUSINESS Postpone Resolution 2012-001 to the January 23, 2012 meeting. Unanimous Consent Resolution 2012-003, Naming.►vl�ie�:h'nlorth Forest'Acres Levee Drive Surface, As Dieckgraeff Road;.Located Within The Public Access Easement On Tract B, Dieckgraeff- Gillespie Replat; .Located At 2501 Seward Highway. Motion (Bardarson/Shafer) Approve Resolution 2012-003 Long stated this was a recommendation from the Planning & Zoning Commission. Shafer said she had received many phone calls and input from the community, all of them acknowledging the Dieckgraff s and what they have contributed to this community. However, she believed that this road had already gone through the official process of being named as Levee Road, it had been referred to that for the past several years while the project had been developed, and it was already recognized in the 911 emergency system as Levee Road. Based on these reasons, she would not vote for this resolution and felt there could perhaps be a different way to handle it. Valdatta expressed his support based on their family's contributions for the community. He felt Levee Road was too common of a name. Keil felt she also could not support this at this time changing the name to Dieckgraff Road at this time because she didn't believe it conformed with the city's naming criteria listed in Resolution 1985-010: streets should be pleasant -sounding, appropriate, easy to read/spell/say so that the public and children can handle it in an emergency situation. The new name did conform with the borough, but Seward's naming convention was more specific. Terry thought they needed to pursue additional public comment, especially since the public had only seen the road advertised as Levee Road. Bardarson suggested that council send it back to the Planning & Zoning Commission in order for them to seek more public input. Motion (Bardarson/Terry) Refer Resolution 2012-003 back to the Planning & Zoning Commission to seek neore°public input. Motion To Refer Passed Unanimous �Q 1 CITY OF SEWARD, ALASRA is RESOLUTION NO. 85-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A STREET -NAMING AND NUMBERING SYSTEM WHEREAS, Section 6-8 of the Seward City Code ordains that the City shall assign an address to each lot or building within the City limits; and WHEREAS, the City of Seward is interested in developing a program to provide a standard approach to the naming and numbering of streets; and WHEREAS, the City is desirous that this approach reflect the City's emphasis toward planned growth and development; and WHEREAS, such a system is absolutely essential to the effi- cient operation of health, police and safety services within the commu- nity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF SEWARD, ALASKA, that: Section 1. There is hereby established a uniform system for street naming and for numbering buildings fronting on all streets within the City of Seward; and, all houses, commercial buildings, and other buildings and structures shall be numbered in accordance with the following provisions: 1. Definitions: "Street" as used herein includes all publicly dedicated rights -of -way, used by vehicular and pedestrian traffic, regardless of its tag name. (i.e. avenue, road, boule- vard, etc.) 2. Street Naming: In addition to the Kenai Peninsula Borough Uniform Street Naming System, the following criteria shall be followed: (a) Choice of Names -- Names should be chosen that relate to the scale and location of the project. (1) Names should be pleasant sounding, appropriate, easy to read (so that the public, and children in particular, can handle the name in an emergency situation), and should enhance pride of home ownership. -1- 1 `� i�— R r 40 0 0 CITY OF SEWARD, ALASKA RESOLUTION NO. g5-10 (2) Categories -- Large developments shall use a single significant category; and small subdi- visions should use the same category as the surrounding or adjacent area (which helps to establish locational identity) to choose street names. (3) Unacceptable Street Names -- Avoid names which are frivolous, complicated, or undesirable names; and those which include unconventional spelling and compound words. (b) Affixes -- Unnecessary affixes are to be avoided. Terms that may be utilized are: "East", "West", "North", and "South", indicated direction. 3. Designation of Street Numbers: (a) A Plat Book and Property Number Map will be main- tained for the purpose of facilitating a correct numbering system. Said book and map will show the proper numbers for all building lots fronting upon all streets within the City. Said book and map will be kept on file in City Hall by a designee of the City Manager. The book and map will be open to inspection by all interested persons during the office hours of the City of Seward. (b) The Base Lines on the property numbering map origi- nate at the junction of the First Avenue ROW and Railway Avenue. This point will be considered the axis for both North -South and East-West street numbering. (1) All streets running generally North and South shall be numbered from the East-West Base Line consecutively to the corporate limits or the extremity of such street. (2) All streets running generally East and West shall be numbered from the North -South Base Line consecutively to the corporate limits or the extremity of such street. (c) Numbering Intervals, wherever possible, will be assigned as follows: (1) Lots less that 6000 square feet, assign numbers Per lot. -2- iiENAI PENINSULA BOROUGH CODE 14.10.040. Street names. A. Official street names shall be established in accordance with the following: 1. A new street name shall comply with National Emergency Number Association MENA') standards and borough standards, or, if different, whichever standard is stricter. 2. A new or changed street name shall not be a duplicate of any existing name located within the same or any adjacent emergency service zone. A different suffix (street, avenue, etc-) does not constitute a different name. 3. A new right-of-way created by the subdivision process, which is a direct extension or has the same alignment as an existing named right-of-way, shall bear the existing name. 4. No street shall be designated by a letter or number unless such designation is part of a localized development plan. 5. No street shall have a name sounding similar to or identical with any other named street within the same or adjacent emergency service zone. S. Street names containing a directional connotation such as Northwoods Avenue or Eastwiad Street are to be avoided. 7. A directional prefix, i.e. East Fox Avenue, West Fox Avenue, shall only be used as necessary, which determination shall be based upon findings of fact showing the necessity, or caused by the grid addressing system contained in Chapter 14.20, 8. A street name shall be no longer than 17 characters, including the abbreviated suffix. B. The planning commission, after consideration of all factors and public testimony, may allow exceptions to the foregoing upon a finding that the public interest is not harmed and provided that the exception complies with NENA standards. (Ord. No. 2006-05, § 2, 3-14-06; Ord. No. 92-09, § 1(part), 1992) 14.10.050. Renaming streets. A. The planning commission, upon a finding that an existing street name conflicts with or duplicates another existing street name thereby causing confusion. as to the exact location of either street, shall officially rename the street(s) in accordance with section 14.10.040. 1. The planning commission shall conduct a public bearing in accordance with section 14.10.056 prior to taking official actions on any street name change. 2. Due deference will be given to local or historic acceptance of existing street names to the extent possible. 3. Street(s) renamed shall become official upon adoption of a planning commission street naming resolution stating the legal description and revised name and noting such change on the official street name map. Sapp. No. 28 14---I6 Ala In KENAI PENINSULA BOROUGH wwl�� 144 North Binkley Street • Soldotna, Alaska 99669-7520 j Toll -free within the Borough: 1-800-478-4441 ' PHONE: (907) 262-4441 • FAX: (907) 262-1892 ,_ ' www.borough.kenai.ak.us Donna Glenz Planner City of Seward, Alaska PO Box 167 Seward, AK 99664 Regarding: Street Naming "Levee Rd" Ms. Glenz, MIKE NAVARRE BOROUGH MAYOR Although there is nothing in the KPB Street naming code that would prevent the naming of a street as "Dieckgreaff Rd", the purpose of naming streets is for the protection of life and property in the event of an emergency, therefore street names should be short, simple, and easy for even a child to pronounce and/or spell. i do not even know how to pronounce "Dieckgreaff'. I did find one of your own City of Seward Resolutions No 85-10 that has stricter standards that would most likely eliminate the name "Dieckgreaff' as an approved name; Section 1 Number 2(a)(1) states: Names should be pleasant sounding, appropriate, easy to read (so that the public and children in particular, can handle the name in and emergency situation). Section 1 Number 2(a)(3) states: Avoid names which are frivolous, complicated, or undesirable names, and those which include unconventional spelling and compound words. "Dieckgreaff' is not easy to read and is a complicated name with an unconventional spelling as it is most likely a surname which would not be a common word that most people would recognize, especially children. "Levee Rd" is also an approved street name per KPB Street naming code requirements and I am sure would be preferable to emergency responders for the purposes of protection of life and property. Best Regards, Carrie Henson E911 Addressing Officer Kenai Peninsula Borough January 24, 2012 Re: P&Z Resolution 2012-03 Dear Planning and Zoning Commissioners, I oppose the approval of Resolution 2012-03 and the renaming of Levee Road. "Levee Road" has a lot to recommend for keeping it. The road has been unofficially known as Levee Road for a decade or more, all through the long planning and development process of the project. The name reflects the unique purpose of the road that should never be forgotten. The Levee Road signs were ordered and installed in August of 2011 before the ribbon -cutting ceremony, and the name is already known. The Borough approves the name for E911 purposes, and there is no other Levee Road. And most importantly, Levee Road is short, easy to spell, and easy to pronounce in case of emergency. As Councilmember Kiel commented at the January 9 Council meeting, our City Council Resolution 85-10 supports Levee Road. The public and especially children in emergency situations can read it, and is an uncomplicated name with conventional spelling. It is essential to reference and comply with this Resolution when considering possible street names. I contacted Carrie Henson of the Kenai Peninsula Borough who approves the final E911 address numbers for my volunteer PTSA address markers. She noted, "For 911 purposes, it is always better to have a short simple name to speed the process of finding someone in an emergency." Furthermore, she said, "Levee Road would be preferable for the purposes of protection of life and property." Furthermore, "Levee Road" is a better choice that complies with the Consistency Checklist 2020 Comprehensive Plan and 1999 Strategic Plan re: promoting a safe community and feeling of security. These are very serious and common sense reasons to keep the name short and simple. Another consideration is that when one individual is honored, many other outstanding individuals never had the opportunity to be considered. Perhaps the Consistency Checklist could be expanded with additional Street Naming Checklist items to help inform and guide the public and Commission in the future. Compliance with City Resolution 85-10, KPB input on street name suggestions, pre - approval by the Borough 911 system to ensure there are no duplicate names, a completed, open public process, and any other considerations could be included. Please do not pass this Resolution. Keep "Levee Road." Thank you for your consideration. Sincerely, Carol Griswold Seward by Donna Glenz From: Henson, Carrie <CHenson@borough.kenai.ak.us> Sent: Tuesday, December 27, 20119:14 AM To: Donna Glenz Subject: RE: Street Naming Donna, Sorry l am not getting back to you in a timely manner. I was on vacation and today is my first day back. As far as the actual database system and per KPB code street naming requirements Dieckgreaff Rd is an approved street name suggestion but I do understand your concern about spelling and pronunciation. I have no idea how to pronounce that name and I am sure a child calling 911 would have great difficulty. For 911 purposes it is always better to have a short simple name to speed the process of finding someone in an emergency. Levee Rd would be preferable for the purposes of protection of life and property. Carrie Henson E911 Addressing Officer Kenai Peninsula Borough From: Donna Glenz n ailto;dglenzCabcityofseward net] Sent: Tuesday, December 13, 2011 3:49 PM To: Henson, Carrie Subject: RE: Street Naming Hi Carrie, I just reread your email and remembered your request to comment on the naming of a road in Seward. We are in the process of naming the new North Forest Acres Levee drive surface. During the development stages of the levee project, the drive surface was always referred to as Levee Road. I put forward a Resolution to the Planning and Zoning Commission with Levee Road as the recommendation. The Commission amended the Resolution, changing the recommendation to Council as Dieckgreaff Road, in honor of a local family. My concern is the spelling and pronunciation of the name Dieckgreaff with the 911 system. But maybe it is not a problem. I would appreciate your comments on the recommended name. I am moving this forward to Council the 91" of January so my Resolution and all back up must be submitted by noon on the 20Y' of December. Thanks for your time and thoughts on this. Donna CCenz Planner City of Seward, Alaska 410 Adams P O Box 167 Seward AK 99664 907,224,4048 907.224.4085 (fax) �l� Sponsored by: Planning and Zoning Commission Introduction Date: May 14, 2012 Public Hearing Date: May 29, 2012 Enactment Date: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 [REVISED] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, on August 22, 2011 the Council delayed the introduction of Ordinance 2011-004 until October 24, 2011; on October 24, 2011 the Council referred Ordinance 2011-004 back to the Planning and Zoning Commission for further review and public feedback; and WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning Commission held a joint public work session to review and include several changes to the proposed Title 15.10.140 Definitions update; all comments and review requests have been included within this revised City Council Ordinance 2011-004; and WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, the 2/22/2011, 3/22/2011, 4/26/2011, 5/17/2011, 6/07/2011, 6/21/2011, 7/19/2011 and 1/17/12 specifically addressed 15.10.140 Definitions; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Title 15.10.140 is hereby amended as follows: (Stfikethroughs = deletions and are bold, Underline = additions and are bold Italic) 15.10.140 -- Definitions A. General interpretation. 1. Words used in the present tense include the future tense. 2. The singular number includes the plural. 9 In CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 2 of 19 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (parenthetical references are for cross reference only) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: a Is clearly incidental to and customarily found in connection with a principal building or use; b Is subordinate to and serves a principal building or use; c Is subordinate in area, extent or purpose to the principal building or use served; _d Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Accessory or mother-in-law apartment: See dwelling, efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. 5. Alteration. Any change, addition or modification in the construction, location or use of a building. 11 CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 3 of 19 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player -operated amusement devices. 7. Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. (Apartment. See Dwelling) 8. Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory building, exclusive of external steps. 13. Building, existing. A building erected prior to the adoption of this code or one for which a legal building permit has been issued. 14. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right- of-way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of building: a The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or \a M CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 4 of 19 err b An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 15. Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) 16 Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17. Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 1''` 19. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, pre-school and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, pre-school and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out -patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 5 of 19 24. Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25. Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27. Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. 'will (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. a Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling"). b Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or �b CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 6 of 19 manager family of that building or a commercial business located in the building. c Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multi -unit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. d Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. e Efficiency apartment (also called accessory, mother-in-law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single family dwelling. .'Guest house. An accessory building occupied on a temporary basis solely by non-paying guests. g Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. It Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. i Multiple family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. 1 Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. k Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. lat CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 7 of 19 t Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. m Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family (see "Apartment"). n Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Fractions. In the determination of density, required parking spaces or other requirements of this code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37 Greenhouse, commercial. A light -permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 8 of 19 (Group care home. See Housing) (Guest house. See Dwelling) 38. Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Hatay house. See Housing) 39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) 43. Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. a Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by sever -a! rooms and in which there are no individual cooking facilities. h Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage 1 �� CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 9 of 19 or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. 4 Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long-term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex -convicts or other housing facilities serving as an alternative to incarceration. e Ha vay house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. 48. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include �a� CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 10 of 19 boardinghouses and separate apartments which are leased on a month -to - month or longer basis. b Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. c Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. d Hotel. A facility with six or more guest rooms and on premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; 3. C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or 4. D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. 1Qz CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 11 of 19 a Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. b Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. c Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. d Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. e Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 'Lot, interior. A lot other than a corner lot. g Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. h Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. i Lot line, side. Lot boundary not a front lot line or a rear lot line. 1 Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. k Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. k-a-(o CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 12 of 19 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple family. See Dwelling) 56. Non -conforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57 Non -conforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. �a-) CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 13 of 19 60. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area. A structure or an open area, other than a street, alley or other right-of-way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 64. Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See transient merchant and vending, street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68. Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69. Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. 71. Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. IV CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 14 of 19 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75. Recycling collection point. An incidental use serving as a neighborhood drop- off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76. Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 77. Residence. A home, abode or place where an individual is actually living at a specific point in time. 78. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79. Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready -to -consume state and whose principal method of operation includes one or both of the following characteristics: a Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. �� t CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 15 of 19 80. Restaurant, fast-food An establishment whose principal business is the sale of quickly prepared ready to eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry -out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry -out restaurants. 81. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. 82. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or non-profit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and 12th grade. 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86. Setback. The required minimum distance from right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87 Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single-family, attached. See Dwelling) (Single-family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. 89. Storage. A structure or designated area that provides space for storink. CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 16 of 19 fir►' a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are parked or- placed on a parcel of land and used for covered storage provided that all wheel assemblies have been the unit is plaeed on non rot suseeptible bloeldng or- foundation; the unit is r-emed, sly-ted or sidedtomateh building on t property; and the unit is located outside any setbacks. Containers are not allowed within the front 50% of the parcel except in the Industrial Zoning District. Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See accessory use/building, building, and structure.) b Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c Self-service. A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. ° *MW d Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retraining walls less than three feet in height signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is ed when the designated time- 94. Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. t:� CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 17 of 19 95. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or non-profit within the city by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 97. Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98. Vending. The sale of food, services or merchandise. a Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. b Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right-of-way. 99. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water -dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101. Water -related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. I%Q' CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 18 of 19 %4W 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. b Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c Side. A yard between a main building and side lot line, extending from The front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. This ordinance shall take effect ten (10) days following enactment. 1� CITY OF SEWARD, ALASKA ORDINANCE 2011-004 Page 19 of 19 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29"' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) V2A In Council Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: Jim Hunt, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SCC)15.10.140 Definitions to Change, Update and Accommodate the Wishes of the Public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of the City Zoning Code, Chapter 15.10, in Title 15.. The Commission held eight (8) public work sessions, including one (1) with the City Council specifically reviewing and amending Seward City Code (SCC)15.10.140 Definitions. The Planning and Zoning Commission reviewed and discussed the definition section of the City Code in depth and found the section to be confusing in the organizational layout. While the Commission has recommended a complete re -organization, very few additions, deletions or changes were recommended. SCC15.10.140 is a lengthy portion of the zoning code containing over 100 definitions. With the reorganization of the definition section, several categories have been established and the definitions pertaining to those specific categories have been moved into the category. All definitions have been numbered for easier reference. Specific additions, deletions or changes are as follows: (Proposed change is indented and the staff explanation follows) (Stri_letlffe = deletions and are bold, Underline = additions and are bold Italic) 10 Brewpub An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. The public has expressed interest in developing a "brewpub" within the City. While allowed as an accessory use within a restaurant, the current city code does not address brewpubs by definition. The Commission has recommended the addition of the above definition to define brewpubs within the SCC. 43 Housing Structures providing housing for groups of people, such as students, employees or nursing home residents. With the reorganization of the definition portion of the code, it was determined the SCC did not contain a specific "housing" definition to categorize the examples under; therefore the "housing" category has been proposed. ( Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are sharedby several s and in which there are no individual cooking facilities. Seward City Council Agenda Statement for Ordinance 2-01 ' 27 -o ! l — 0 b Page 2 of 3 The public has proposed that new designs in housing and accommodations generally provide for sanitary facilities in each shared room not a common facility shared by several rooms. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. Because Seward is a port city and much of the community owns some type of watercraft, it has been determined that watercraft should be included within the "Junk" definition. 89. Storage. A structure or designated area that provides space for storin . With the reorganization of the definition portion of the Code, it was determined the SCC did not have a specific "Storage" definition to categorize the examples under; therefore the "Storage" category has been proposed. a Container. An accessory storage use consisting of containers such as semi -tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are lied a placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed; the unit is plaeed on non ro suseeptible bleeldng or foundation; the unit is Foofed, skirted or- sided to mateh the primary building on the property; and the unit is located outside any setbacks. Containers Nowd are not allowed within the front 50% of the parcel except in the Industrial Zoning District. Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. There are no grandfather-ed (See accessory use/building, building, and structure.) 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted Building Code. and that is removed when the designated time period, aetivity or us L 1V1 tr etuwas eted h a ♦11I1{.11the iI.IlII . Through continued discussions and assistance from the Building Department the above changes to the Container Storage and Temporary Structure definitions have been proposed. The proposed change to the definitions removes current conflict between the City Zoning Code and the City Building Code. 98. Vending. The sale of food, services or merchandise. With the reorganization of the definition it was determined the SCC did not have a specific "Vending" definition to categorize the examples under; therefore the "Vending" category has been proposed. (It should be noted that the definitions only apply to SCC Chapter 15.10 and not to any other portions of the Seward City Code. For example, the land use districts set forth in SCC 15.05.025 are not governed by these definitions, and any reference to "single-family housing," such as in SCC 15.05.025(b)(5) relating to the UR land use district, should not be interpreted to mean a single-family structure providing housing I __16 Seward City Council Agenda Statement for Ordinance 2t l-2- Ott—o' Page 3 of 3 for groups of people.) CONSISTENCY CHECKLIST: 1. Comprehensive Plan (2020) Yes No NA X 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) a Goals and Objectives: * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision (page 5) * Update the Zoning Code in order to implement the Comprehensive Plan (page 11) * Ensure uniform and consistent enforcement of the Zoning Code (page 11) INTENT: The proposed Code change updates and incorporates public requests by re -organizing and amending several sections of the current SCC15.10.140 Definitions Code. As required by Seward City Code§ 15.01.035(c)(2)&(3) the Planning and Zoning Commission held a public hearing on August 2, 2011 also a second public hearing on April 3, 2012 and now forwards the attached Ordinance to the City Council for adoption. FISCAL NOTE: None. Approved by Finance Department: Y4uz;) ATTORNEY REVIEW: YES X No RECOMMENDATION: Staff recommends the Council introduces and enact Ordinance 2012 , re -organizing and amending several sections of the Seward City Code 15.10.140 Definitions. 2�� City of Seward, Alaska Planning Commission Minutes April3, 2012 Volume 6, Page 470 Commissioners further discussed the suggested name and the history of naming Seward roads or streets after individuals who made contributions to the community. Motion Passed Unanimous Resolution 2012-04 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City Code 15.10.140 Definitions Glenz explained the history of the proposed Seward City Code changes. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (EcklundButts) Approve Resolution 2012-04 Motion Passed Unanimous Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Glenz explained the history of the proposed Title 15 code changes and results of the joint work session held with City Council on January 17, 2012. In response to Ecklund, Glenz stated the internal process requires three weeks for public hearing items before the proposed code changes were before City Council for introduction. The Commission requested that the internal processes be reviewed, in the event that items might need to come before City Council in a shorter period. Long said he would review the required deadlines for agenda items. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Ecklund) Approve Resolution 2012-05 Commissioners further discussed the effort to update Title 15 and the need for more public input during the process. ��� 0 L Cily of Seward. Alaska City Council Minutes August 22, 20l / Volume 38 Page 65l Motion Passed Unanimous NEW BUSINESS Ordinances for Introduction Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. A Motion (Bardarson/Shafer) Introduce Ordinance 2011-004 Mayor Dunham questioned why these actions were being taken at this time. Assistant City Manager/Community Development Director Michelle Weston replied that it was part of an ongoing effort to update the language of the Land Use Code. Vice Mayor Bardarson asked if the language relating to the new Brewpub definition could be expanded to include `brewing is primarily for on -premise consumption, with limited off -premise sales..,' Mayor Dunham was concerned with tightening definitions when there hasn't been a lot of discussion. Weston suggested they have a work session for the Council and the Planning & Zoning Commission. Motion to Postpone (Kell/Shafer) Motion Passed Discussion on City Manager hire. Introduction of Ordinance 2011-004 Postponed to the October 24, 2011 Meeting Unanimous Consent City Clerk Johanna Kinney sought further direction relating to scheduling a date for in - person interviews for the three candidates. The evening of September 8, 2011 worked for all of council. There would be a public reception from 5:00-7:00 p.m., with the interviews to follow at 7:00 p.m. Dunham asked if the Bear Room at the SeaLife Center would be available for the reception. Kinney asked council to consider how they wanted to perform reference checks on the candidates. Shafer wanted council to perform the reference checks instead of hiring a consultant, but was comfortable using a consultant from AMLJIA. Kinney would present final interview questions at the Special Meeting on August 29, 2011 for council's approval. Council scheduled a work session to discuss extending Seward Ship's DryDock enclosed work area in order to accommodate the US Coast Guard vessels for October 10, 2011 at 5:00 p.m. COUNCIL COMMENTS Shafer was pleased to hear about the reconsideration of the size of parking spaces by the i 3� City of Seward, Alaska City Council Minutes October 24, 2011 Volume 38, Page 695 Motion To Amend (Casagranda) Motion To Amend Died For Lack Of A Second Main Motion Passed Amend Resolution 2011-081, Changing The Increase From 10% to 6%. Yes: Valdatta, Terry, Bardarson, Shafer, Keil No: Casagranda, Seaward Resolution 2011-082, Amending The Port & Harbor Tariff Regulations For 2012 And 2013. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Bardarson/Shafer) Approve Resolution 2011-082 Ron Long spoke on behalf of the Port And Advisory Committee (PACAB). Valdatta asked how many non-taxable boats were in the harbor. Long responded that he did not know that actual number, but said he felt it was a small number relative to shore -based property. Motion Passed Unanimous Meeting was recessed at 9:27 p.m. Meeting was resumed at 9:30 p.m. UNFINISHED BUSINESS Ordinance for Introduction Postponed from a Previous Agenda Ordinance 2011-004, Amending Portions Of Seward City Code 15.10.140 Definitions To Change, Update And Accommodate The Wishes Of The Public. Motion Back On The Floor (Bardarson/Shafer) Introduce Ordinance 2011-004 City Clerk Johanna Kinney explained that the Planning & Zoning Commission had requested this Ordinance be returned to them in order to incorporate the additional public feedback they had received. Motion To Refer (Keil/Bardarson) Refer Ordinance 2011-004 To The Planning & Zoning Commission NO 0 City of Seward, Alaska City Council Minutes October 24, 2411 Volume 38, Page 696 A Work Session will be planned for Council to review the Ordinance with the Planning & Zoning Commission. vl_- Motion To Refer Passed Unanimous NEW BUSINESS Nominate, elect, and swear in a member as Vice Mayor. The Mayor opened the floor for nominations. Motion (Shafer/Keil) Nominate Bardarson As Vice Mayor. By Unanimous Consent, the nominations were closed. Bardarson stated she would accept the role of Vice Mayor. Motion Passed Unanimous Jean Bardarson was sworn in as Vice Mayor by the City Clerk. Appoint Boards and Commissions Liaisons. Motion (Shafer/Keil) Motion Passed Motion (Casagranda/Shafer) Have Boards And Commissions Provide Periodic Reports To Council. Unanimous Nominate Casagranda To Sit On The Kenai Peninsula Borough Economic Development District (KPBEDD) Representative for the City of Seward. Casagranda stated she would accept the role to represent the City of Seward on the KPBEDD. Motion Passed Unanimous Council discussion on allowing a City of Seward Seward Bear Creek Flood Service Area Board ("SBCFSAB") Seat to become an area -wide seat. Motion (Keil/Bardarson) Direct staff to bring forward a resolution Supporting Kenai Peninsula Borough approval for a City of Seward Seat on the Seward Bear Creek Flood Service Area Board To Become An `At Large' Seat Within The Service Area. Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2012- _, amending various portions of Title 15.10.140 Definitions; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of April 2012. THE CITY OF SEW Q� Sandie Roach', C r AYES: Butts, Morgan, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: #dAh JAI oKinney, CMC Clerk (City Seal) SEA � • r ••• CPA,'•• d I i°. OF AVt- •�•taraeaa ae Sponsored by: Plannine and Zonine Commission Introduction Date: May 14, 2012 Public Hearing Date: May 29, 2012 Enactment Date: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED AND 15.10.225 LAND USES ALLOWED TABLE TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, the 6/21/2011 public work session specifically addressed the Developments Requirements and Development Requirements Table; and WHEREAS, the 9/21/2010, 10/07/2010, 10/19/2010, 11/16/2010, 12/07/2010 and the 1/25/2011 public work sessions specifically addressed 15.10,225 Land Uses Allowed and the 1 raw Land Uses Allowed Table; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a City Code that reflects community needs; and WHEREAS, on January 17, 2012 the City Council and the Planning and Zoning Commission held a public work session to review all proposed Title 15 amendments; and WHEREAS, at its April 3, 2012 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: Table 15.10.220 — Development Requirements Table is hereby amended as follows: = deletions and are bold; Underline = additions and are bold Italic) CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 2 of 10 Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Lot 30 35 35 40 40 3-5 50 100* 100 100* 30 50 10 Coverage (%) *(See 50 Note 6, next page) Title 15.10.225. - Land uses allowed is hereby amended as follows: (Str-iket4eug = deletions and are bold; Underline = additions and are bold Italic) (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform adopted Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. [the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] ►y� M CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 3 of 10 (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to five chickens (liens) or rabbits are allowed in accordance with Table 15.10.225. (6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit. Sys CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 4 of 10 Table 15.10.225. - Land Uses Allowed Table is hereby amended as follows: (Stri ethze -hs = deletions and are bold; Underline = additions and are bold Italic) Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I I RM INS P Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0 Adult entertainment INTENTIONALLY LEFT BLANK Agency, i.e., travel, insurance, title, real estate, etc. 0 0 0 0 0 Agriculture 0 Airport and related services 0 C Amusement or recreation facility 0 0 0 — Animal shelter 0 C Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 0 0 0 0 Art gallery 0 0 0 0 0 Assemblages, temporary large, i.e., circus, fair p p — p p p p p Attraction, permanent major visitor C C C C C Auditorium 0 0 0 Auto repair, i.e., mechanic, glass body, upholstery C 0 Auto service/gas station 0 0 0 Auto/RV sales and rentals 0 0 0 Boat sales 0 0 0 g Boat, commercial building/fabrication 0 0 Boat, harbor/marina C C C C C Boat, repair and maintenance 0 0 0 C Boat, storage commercial 0 0 0 A C Brewpub C C Bulk material, i.e., concrete, gravel, sand, asphalt C C Business, marine retail sales and service 0 0 0 0 g C Business, package liquor I 1 10 0 0 '46 CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 5 of 10 Districts: Principally Residential IOR Principally Commercial Principally Public Uses RR R1 R2 R3 UR AC HC CB I RM INS P Business, retail sales and service 0 0 0 0 Business, retail sates and service, industrial 0 Campground, camper park, RV park C/P C/P C/P C/P C/P C/P —" Campground, employee C/P Car/boat wash 0 0 0 Cemetery 0 C 0 Center, community/civic 0 0 C C Center, mariner's 0 0 0 0 Center, senior or teen C C C 0 0 C C Child care, licensed center C C 0 O 0 C Child care, licensed home g H g H g H 0 0 0 0 0 0 Church C C C C C C 0 0 0 0 Clinic, medical 0 0 0 0 1 0 Clubs, fraternal/ lodges/sociat/veterans C 0 0 C Cluster subdivision C C C Communications, commercial satellite dishes, towers, poles, and antennas less than teeter (a a 16 feet) diameter or 75 feet in height 0 0 0 0 0 0 Communications, commercial satellite dishes, towers, poles, and antennas 3 meter 16 feet diameter or greater than 75 feet in height g C C C Correctional/prison facility C C C C Crematory 4; 0 Docks/wharves, industrial cargo 0 0 C C Dock, passenger 0 0 0 g C 0 Drinking establishment, i.e., bar, nightclub, lounge C C C YyDi CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 6 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Drive-in facility —fast food, C g C C C banking, etc. C Dwelling, apartment in a 0 0 0 0 0 9 commercial building (limited to C one unit) — Dwelling, apartment in a 0 0 C C commercial building (two or more units) Dwelling, apartment, mother -in- 0 0 0 0 0 0 0 law or accessory Dwelling, attached single- C C C C C C C family, i.e., townhouse, row Dwelling, condominium C C C C C C C Dwelling, detached single-family 0 0 0 0 0 0 0 C g C Dwelling, group home 0 0 0 0 0 0 8 C Dwelling, guest house 0 0 9 C Dwelling, multi -family (3 or C C C C C C C more units) Dwelling, two-family or duplex 0 0 0 0 0 C g C Dwelling, watchman or 0 C caretaker — Emergency services, pub/vot; C C C C C C 0 C 0 0 C 0 i.e., fire, ambulance, rescue Financial institution, i.e., bank, C 0 0 SEtL Flea market, open air retail C C C other than occasional Fuels, bulk storage and sales C Golf course 0 0 C Golf driving range 0 0 0 0 C Greenhouse/nursery— 0 0 0 commercial Grocery, convenience store C C C 0 0 0 Q Grocery, supermarket, foodmart 0 0 In CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 7 of 10 Districts: Principally Residential IOR Principally Commercial Principally Public Uses RR R1 R2 R3 UR AC HC CB I RM INS P Health club C C 0 0 0 Home occupation 0 0 0 0 0 0 0 O O 0 Hospital I I IC C House rental on a nightly basis P I P P P P P Housing, bunkhouse C C I C Housing, dormitory 0 0 Housing, nursing, retirement, convalescent C C C Kennel, commercial, musher or fancier INTENTIONALLY LEFT BLANK Laundry, dry cleaning 0 C 0 0 Library 0 0 0 0 Livestock, Excluding Chickens Et Rabbits P P Livestock, Chickens Ft Rabbits P P P P P P P P P Lodging, BItB, rooms, duplex and accessory apartment H/P H/P H/P H/P H/P O/P O/P O/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C 0 C C Lodging, multifamily dwelling apartment P P P P P C p P Lumber yard/building supply C 0 C Manufacturing —noxious, heavy C Manufacturing, light fabrication, assembly C 0 Merchant, transient 0 0 0 0 Mobile home park C/P Mobile home, residential, not in park INTENTIONALLY LEFT BLANK Mobile home sales 0 0 Mobile medical unit O O 0 Mortuary/funeral home 0 0 0 Museum C 0 0 0 0 0 1� 1 CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page S of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Office, boat charter, guide 0 0 0 0 0 0 C Office, business or professional 0 0 0 0 0 Office, government/quasi- 0 0 0 0 0 0 0 government administration Office, mobile/temporary on P P P P P P P P P P P P P construction site Office, home, professional 0 0 0 0 0 Parking lot 9 g 0 0 0 0 0 0 0 0 C C Personal services, i.e., beauty, 0 0 0 0 shoe, tailor Planned unit development C C C C C C Playground, public tot lot 0 0 O 0 0 0 0 0 0 0 0 Railroad C C C C Recreation, commercial indoor, 0 0 0 C i.e., bowling, skating Recreation, outdoor, i.e., 0 C C C miniature golf Recreation, shooting range C C C Recycling center C C 0 C Recycling, self-service drop-off 0 0 0 0 0 0 0 0 point Repair service, i.e., large C C 0 appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, 6 6 C C commercial timber harvesting Restaurant, food service, 0 0 0 0 0 C catering Rooming or boarding house O/P r. O/P O/P O/P Salvage —auto, wrecking, scrap, C junkyard I56 M CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 9 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Sawmill or tumbermill C C School, college C C g C School, public/private elementary/secondary C C C C C C C C C School, vocational C 0 0 C 0 g C Seafood processing, i.e., canning, rendering C C C C Shop, i.e., welding, sheetmetal, machine, steel fab. C C 0 Shop, i.e., wood, signs, cabinet, upholstery C C 0 C 0 Shopping center (mall) C C Solid waste disposal, i.e., baler, transfer, landfill C C C Storage, container A a g 8 Q 8 C 9 C 9 C A C 0 g C Storage, explosives P Storage, outdoor, yard, material/equipment C 0 0 C Storage, self service 0 0 0 Q Storage, warehouse and distribution 0 0 4; 0 C Studio, radio/television C 0 0 0 0 C Tanks, aboveground associated with service station C C C 0 Taxidermy 0 0 0 Q 0 Terminal, i.e., bus, truck, freight 0 C 0 C Terminal, marine/boat passenger 0 C 0 0 C Theater, concert, movie 0 0 g Tool/equipment rental 0 0 Trailer temporary affir-n Temporary Structure C C C C C C C C C C Utility facility, public electric, C C 1C 1C C C 0 0 0 0 0 0 CITY OF SEWARD, ALASKA ORDINANCE 2012-002 Page 10 of 10 Districts: Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I I RM INS I P water, sewer, etc. Vehicle impound lot 0 0 Vending machine repair, storage 0 C 0 C Veterinary hospital C C C Wind Energy Conversion Systems (WECS) 0 0 0 0 0 0 0 0 0 0 0 0 0 Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29d' day of May 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk j�C�' THE CITY OF SEWARD, ALASKA 'loud David Seaward, Mayor (City Seal) Council Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: Jim Hunt, City Manager From: Donna Glenz, Planner Agenda Item: Amending Portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table to change, update and accommodate the wishes of the public BACKGROUND & JUSTIFICATION: In the past 2 years the Planning and Zoning Commission has held numerous public work sessions to review and update portions of the City Zoning Code in Title 15, Chapter 10. The Commission held six (6) public work sessions specifically reviewing and amending Sections 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table and one (1) work session specifically addressed the Development Requirements Table 15.10.220. January 17, 2012 the Commission and the City Council held a j oint public work session to review each of the requested changes. The Commission has reviewed and discussed the Land Uses Allowed and the Land Uses Allowed Table sections of the Seward City Code (SCC) in depth. Members of the public were present and expressed comments and concerns during many of the work sessions. The Commission has addressed and accommodated all public concerns and input through the proposed changes. While no public requests were submitted for the Development Requirements Table, the Commission reviewed and recommended an increase in the Maximum Lot Coverage for the Office Residential Zoning District. (As depicted below) (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Zoning Districts Principally Residential Principally Commercial Principally Public RR R1 R2 R3 LIR OR AC HC CB I RM INS P Maximum Lot Coverage (%) 30 35 35 40 40 3-5 50 50 100* 100* 100* 30 50 10 The Commission has recommended several minor changes and updates to SCC§ 15.10.225 Land Uses Allowed. Specific additions, deletions or changes are as follows: (Proposed changes are indented and the staff explanation follows at the margin) (b) Lodging as defined in section 15.10.140 (b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure ,%w„ compliance with the current berm adopted Building Code door/window egress standards, the Seward City Council Agenda Statement for Ordinance 2012- 0D2- Page 2 of 4 presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. The State of Alaska adopts a revised Building Code approximately every three (3) years. Once the State has adopted the code the City then follows by local adoption. At the time the current Zoning Code was adopted the building code title in place was the Uniform Building Code. Since then the title of the building code has changed to the International Building Code. To eliminate current and future title changes it has been recommended to remove the specific title and use the verbiage of "adopted" Building Code. ([the remainder of SCC 15.10.225(b), Lodging remains unchanged] (c) Transient merchants as defined in section 15.10.140 (b) of this chapter and which are allowed in accordance with table 15.10.225 are subject to the following development requirements: (1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not exceeding 150 consecutive days in a calendar year. (2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed completely from the property at the end of 150 days. [items (3) and (4) of SCC 15.10.225(c), Transient Merchants remains unchanged] (5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the vehicle or trailer. (6) Any additions, including but not limited to porches, platforms and decks, shall be sided or painted to match or complement the vehicle or trailer prior to operation. [the remainder of SCC 15.10.225(c), Transient Merchants remains unchanged] The City has received many comments and complaints regarding the conditions and visual clutter of the Transient Merchants facilities, especially during the non-use months of the year. The intent of a transient merchant is that the facilities needed to do business are mobile and in place for a very short time. The proposed changes to the transient merchant requirements are to insure that the Transient Merchant remains transient and the vehicle(s) used for the business are removed at the end of the season or the 150 day period. (e) Livestock as defined in section 15.10.140(B). Are allowed in accordance with Table 15.10.225 of this chapter subject to the following: (1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet for every two small animals (excluding chickens and rabbits); (2) Livestock fencing shall be no closer than five feet from a property line; (3) A city approved drainage plan showing that runoff from the livestock corral or pen will not adversely impact neighboring property or stream; (4) A city approved manure storage and disposal plan. The manure storage pile shall not be closer than 25 feet from any property line. (5) Up to rve chickens (hens) or rabbits are allowed in accordance with Table 15.10.225. Seward City Council Agenda Statement for Ordinance 2012-C) 2, Page 3 of 4 %r (N Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet from neighboring homes. (7) Chickens or rabbits are not allowed on lots with more than one dwelling unit The addition of chickens and rabbits to the Livestock code is in response to requests from the public to allow chickens on the smaller parcels within the residential zoning districts of Seward. The current code does not allow for any livestock animals on lots less than 20,000 square feet. This essentially limits livestock to the Forest Acres area of Seward. Through research and discussion the proposed addition to the SCC would follow what other communities, including Anchorage, have adopted for the keeping and rearing of chickens and rabbits. Allowing no more than 5 chickens (hens) or rabbits by permit will meet the requests of the public. Table 15.10.225. - Land Uses Allowed Table (See the Table within the attached Ordinance) The Land Uses Allowed Table had not been reviewed or updated in many years. The Commission held many work sessions and listened to the comments from the public. The proposed changes reflect the many hours of review and discussion by the Commission. Consistency Checklist: Yes No NA 1. Comprehensive Plan (2020) X 3.7.3 Continue to improve the quality and efficiency of city governmental services. • Continue to revise and update the Seward City Code. 2. Strategic Plan (1999) X Goals and Objectives * Adjust local development regulations, where appropriate, to encourage development that is consistent with our economic base vision (page 5) * Update the Zoning Code in order to implement the Comprehensive Plan (page 11) * Ensure uniform and consistent enforcement of the Zoning Code (page 11) Seward City Code§15.01.035(c)(2)&(3) provides that the Planning and Zoning Commission shall hold a public hearing and forward written recommendations to the City Council before the City Council amends or repeals any land use regulations, or changes zoning or land use boundaries. As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. INTENT: The proposed Code changes update and incorporate public requests and is recommended by the Planning and Zoning Commission Priorities. This update is being accomplished by amending portions of SCC15.10.220 �kr Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table. Seward City Council Agenda Statement for Ordinance 2012- 0 0 2- Page 4 of 4 As required by Seward City Code§ 15.01.035(c)(2)&(3) the Planning and Zoning Commission held a public hearing on August 2, 2011 also a second public hearing on April 3, 2012 and now forwards the attached Ordinance to the City Council for adoption. FISCAL NOTE: None. Approved by Finance Department: M ATTORNEY AND STAFF REVIEW: YES X No RECOMMENDATION: Staff recommends the Council introduces and enact Ordinance 2012-60 2- , amending portions of Seward City Code (SSC) 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed and 15.10.225 Land Uses Allowed Table. 156 SPONSORED by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-05 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND VARIOUS SECTIONS OF THE SEWARD CITY CODE TO INCLUDE PORTIONS OF 15.10.220 DEVELOPMENT REQUIREMENTS TABLE; 15.10.225 LAND USES ALLOWED; and 15.10.225 LAND USES ALLOWED TABLE WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2012-_, attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of April 2012. THE CITY OF SEWARD, ALASKA -Z� Sandie Roach�Ch AYES: Morgan, Butts, Ecklund, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: J hanna Kinney, CMC ity Clerk (City Seal) ® CIts • s �'� a m OF�A l�� City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 71 Resolution 2012- 05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the City Council amend various sections of the Seward City Code to include portions of 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table Glenz explained the history of the proposed Title 15 code changes and results of the joint work session held with City Council on January 17, 2012. In response to Ecklund, Glenz stated the internal process requires three weeks for public hearing items before the proposed code changes were before City Council for introduction. The Commission requested that the internal processes be reviewed, in the event that items might need to come before City Council in a shorter period. Long said he would review the required deadlines for agenda items. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Morgan/Ecklund) Approve Resolution 2012-05 Commissioners further discussed the effort to update Title 15 and the need for more public / input during the process. CMotion Passed Unanimous Unfinished Business — None New Business -- Resolution 2012-06 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, amending the December 16, 2008 Rules Of Procedure For The Planning and Zoning Commission Glenz stated the Rules of Procedure would need to be amended by resolution. Some of the required changes included meeting times as well as several other minor changes. Commissioners further discussed the various proposed changes. Butts asked Administration if it were possible for a Commissioner to attend a regular meeting via teleconference or other electronic means. �5� %W L L City of Seward Alaska City Council Minutes Atugust 22, 2011 Volume 38 Page 647 CALL TO ORDER The August 22, 2011 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Marianna Keil Ristine Casagranda Comprising a quorum of the Council; and Phillip Oates, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent — Tom Smith Vanta Shafer Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Shafer) The following was pulled from the agenda: Approval of Agenda and Consent Agenda Ordinance 2011-005. Amending Portions Of Seward City Code 15.10.220 Development Requirements Table 15.10.225 Land Uses Allowed And 15.10.225 Land Uses Allowed Table To Change, Update And Accommodate The Wishes Of The Public. The following was added to the agenda: Discussion on City Manager hire. if Schedule work session to discuss extending the transfer pit and the length of the rails at w Seward Ship's DryDock to accommodate US Coast Guard vessels. Motion Passed 1S-; (Z;�\ Unanimous Sponsored by: Planning & Zoning Commission Introduction: May 14, 2012 Public Hearing: May 29, 2012 Enactment: May 29, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REZONING LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, An applicant has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26, 27 and 28, Block 8, Original Townsite of Seward, to rezone from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan Map designation recommends all of Block 8 be zoned Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development;" and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 3, 2012. too CITY OF SEWARD, ALASKA ORDINANCE 2012-003 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD). Section 2. The official City of Seward Zoning Map is hereby amended by changing the zoning designation of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD). Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 29 b day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) In THE CITY OF SEWARD, ALASKA David Seaward, Mayor �(\ Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager Jim Hunt From: Donna Glenz, Planner Agenda Item: Amending the Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) BACKGROUND & JUSTIFICATION: Attached for the City Council's review and adoption is Ordinance 2012- , amending the City of Seward Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). The applicants are requesting this rezone in order to provide land suitable for future commercial uses allowed within the Central Business District and to bring the lots into compliance with the current Land Use Plan approved in the 2020 Comprehensive Plan. The two properties are separated by an alley and occupy the southern portion of Block 8. The lots nearby are also Central Business and include a mid -size hotel at Fifth Avenue and Railway and an income -adjusted apartment complex at Sixth Avenue and Railway. (See attached zoning map.) One remaining parcel on Block 8 will continue to be zoned Auto Commercial (AC) and will not be included in this rezone. The property owner has declined to participate. (See correspondence in packet.) Seward City Code SCC § 15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested Central Business District (CBD) and is recommended by the Land Use Plan. The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for rezone as Central Business District as defined in SCC 15.05.025 (b)( (9) Central business district (CBD) Provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment andprofessional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade. " PLANNING AND ZONING REVIEW As required by the City Code§ 15.01.040, neighboring property owners within 300 feet of the area 11n: , M subject to review were notified and the property was posted. The Planning and Zoning Commission held a public hearing on April 3, 2012 and approved Resolution 2012-02 recommending City Council adopt Ordinance 2012- rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26,27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). CONSISTENCY CHECKLIST YES NO N/A 1. Comprehensive Plan (2020) X _ "We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan." (page 14) 2. Land Use Plan Map (2006) x The Land Use Plan supports this rezone. 3. Strategic Plan (1999) x _ "Work towards bringing the Zoning Map into conformance with the Land Use Plan (page 11) FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the change of zoning designation. Approved by Finance Department ,��� INTENT: Amending the Zoning Map by rezoning Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD) ATTORNEY REVIEW: Yes_ No RECOMMENDATION: The Seward Planning and Zoning Commission and Staff recommend: May 14, 2012: Council introduces Ordinance 2012- d6 �Iequest to rezone Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). May 29, 2012: Council conducts a public hearing and adopts Ordinance 2012- amending the Seward Zoning Map, Lots 15 and 16, Block 8, Original Townsite of Seward, from Auto Commercial (AC) to Central Business District (CBD); and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family Residential (R3) to Central Business District (CBD). 16� 0. REZONE Lots 16 & 16, Blk 8 & Lots 26, 27 & 28, Bik 8 OTS 0 50 100 Feet Central Business District W Q H LL Lots 26, 27 & 28 R3 to CBD Central Business District Central Business District REZONE Lots 15 & 16, Blk 8 & Lots 26, 27 & 28, Blk 8 OTS N 0 50 100 Feet Mapping assistance I I I Is by Alaska Map Co. 16s; Q F- X V5 Lots 15 & 16 AC to CBD City Council Ordinance 2012- Land Use Map Lots 15 & 16 --AC to CBD Lots 26, 27 & 28 -- R3 to CBD Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012-02 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 15 AND 16, BLOCK 8, ORIGINAL TOWNSITE OF SEWARD FROM AUTO COMMERCIAL (AC) TO CENTRAL BUSINESS DISTRICT (CBD); AND LOTS 26, 27 AND 28, BLOCK 8, ORIGINAL TOWNSITE, FROM MULTI FAMILY (R3) TO CENTRAL BUSINESS DISTRICT (CBD) WHEREAS, Applicant Aaron Johnson has submitted an application and the filing fee, requesting Lots 15, and 16, Block 8, Original Townsite of Seward, be rezoned from Auto Commercial (AC) to Central Business District (CBD); and WHEREAS, the National Park Service has agreed to participate in the rezone by including Lots 26, 27 and 28, Block 8, Original Townsite of Seward, to be rezoned from Multi Family Residential (R3) to Central Business District (CBD); and WHEREAS, the current Land Use Plan map designation recommends all of Block 8 be rezoned to Central Business District (CBD); and WHEREAS, all of the lots to be included are each originally platted lots 30 X 100 feet, totaling approximately 15,000 square feet; and WHEREAS, the Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and is recommended by the Land Use Plan Map; and WHEREAS, a goal of the Seward Comprehensive Plan is to, "Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development," and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 3, 2012. Seward Planning and Zoning Resolution 2012-02 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 15 and 16, Block 8, Original Townsite of Seward, Auto Commercial (AC) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 2.; The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 26, 27 and 28, Block 8, Original Townsite from Multi Family (R3) to Central Business District (CBD), and recommends the attached Ordinance 2012-XX be forwarded to City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of April 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: Morgan, Ecklund, Butts, Roach' NOES: None ABSENT: None ABSTAIN: None VACANT: Three ATTEST: nna Kinney, CMC �Jfh6 R r .. n A.,,Clerk �$� (City Seal)'" a u � Y u •/,���EIti7� AYPt°�t Y 1 �� City of Seward, Alaska Planning Commission Minutes April 3, 2012 Volume 6, Page 4 68 Butts asked if property owner had changed the plan for development. Glenz said the property owner at one point expressed interest in possibly operating a restaurant, but had not provided further details. Ecklund pointed out that the City Land Use Plan indicated that all of Block 8 should be zoned Central Business District. Motion Passed Unanimous Resolution 2012-02, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council approval of the rezoning of Lots 15 and 16, Block 8, Original Townsite of Seward from Auto Commercial (AC) to Central Business District (CBD), and Lots 26, 27 and 28, Block 8, Original Townsite, from Multi Family (R3) to Central Business f District (CBD) Glenz pointed out the location of the proposed zoning actions, referring to the City Zoning Map and the City Land Use Plan Map. One property owner on Block 8 opted to not be included in the rezone to Central Business District. One resident had expressed concerns about parking that might occur in front of private property, Glenz stated. No other public comments were received, Glenz said. In response to Butts, Glenz noted the property not included in the rezone contains the former Government Cable Office, which is a historic building that served as a telegraph office and is currently a single family home. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. There were no requests to be heard and the public hearing was closed. Motion (Ecklund[Morgan) Approve Resolution 2012 02 Ecklund asked Administration about the platting process for Lots 15 and 16, Block 8. Glenz explained that the Kenai Peninsula Borough had final platting authority and the platting action to incorporate the parcels into a single parcel may take several months. Butts said he was pleased by the effort to bring more consistent zoning to Block 8. Motion Passed �bl� Unanimous RECEIVED RECEIVED DEC 14 2G i i DE, 2011 P�...�._. Per ............. LAND USE PLAN AMENDMENT - REZONING APPLICATION Petitioner: AAA Address: ` , o �04-1 Phone No: 'qv-7 - -7 L-7 -! �36 Legal Description: LIC7Tel- ��� J+I BirAZ;16_y;- 1 +7�2&.VOSfTm Physical Location: Land Use Plan: Present: Zoning District: Present Proposed: 1►�- Proposed Intended use and/or reason for rezoning: 0!�_- P-6 D A map is required to accompany this application! Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of $250.00 (payable to the City of Seward) to the Community Development Office. Signatures of 51 % of property owners involved in the rezoned area. SIGNATURE ADDRESS (legal) DATE �11 �(xTN 19q 1/ Dwayne Atwood From: Jeff_Mow@nps.gov Sent: Thursday, January 05, 2012 9:18 AM To: Dwayne Atwood Cc: Donna Glenz Subject: Re: Proposed rezone of NPS Parcel at 212 Fifth Avenue Dwayne That sounds fine. Jeff Mow -------------------------- Sent from my BlackBerry Wireless Handheld From: Dwayne Atwood (datwood@cityofseward.net) Sent: 01/04/2012 04:59 PM YST To: Jeff Mow Cc: Donna Glenz <dglenzg,cityofseward.net> Subject: Proposed rezone of NPS Parcel at 212 Fifth Avenue Hello Jeff, A property owner near the NPS parcel at 212 Fifth Avenue is seeking a zoning designation change from Auto Commercial to Central Business. This presents an opportunity to also rezone the parcel at 212 Fifth Avenue to Central Business. (The NPS parcel, which includes the former Mai Family home, is currently zoned Multi Family Residential.) We are working t bring the entire block into compliance with the City Land Use Plan with the proposed rezone actions. There is no cost involved. I will work with the City Planner to prepare the rezone request / application. If you could just respond to this email confirming what we discussed, I will get started. I appreciate your help. Thank you, Dwayne Atwood, Planning Technician, CFM City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 S_ Not spam Forget previous vote 00 Dwayne Atwood From: Greg and Arlene Carpenter <gregorcarp@g mail. com > Sent: Friday, January 06, 2012 3:14 AM �k.w To: Dwayne Atwood Subject: Re: Auto Commercial Zoned Parcel, 219 Sixth Avenue Hello, We would prefer that our parcel be excluded from being rezoned at this time. Thank you, Greg and Arlene Carpenter On 1/4/2012 6:11 PM, Dwayne Atwood wrote: Hello Greg and Arlene, I just wanted to let you know that the Planning & Zoning Commission will soon review a rezone application for a parcel near your property at 219 Sixth Avenue. The request is being made to change the zoning designation for a parcel south of yours from Auto Commercial to Central Business. Your lot could also be rezoned from Auto Commercial to Central Business, if you wish. Please respond in writing (a response to this email would be fine) and I will work with the City Planner to prepare an additional rezone request / application at no charge. Changing the zoning designation to Central Business is consistent with the City's Land Use Plan. We are working to bring the entire block into compliance and would like to include your lot. Please let me know if you would like to participate, or if you would like your parcel to be excluded. Thank you, Dwayne Atwood, Planning Technician, CFM City of Seward P.O. Box 167 Seward, Alaska 99664 907-224-4049 fax 907-224-4085 NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not spam Forget previous vote Sponsored by: Hunt Introduction: May 14, 2012 Public Hearing: May 29, 2012 Enactment: May 29, 2012 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE COMPLETION OF THE TAX FORECLOSURE PROCESS AND OBTAINING A DEED TO RETAIN FOR PUBLIC FLOODPLAIN CONSERVATION PROTECTION THE PROPERTY DESCRIBED AS THE WEST 200 FEET OF SOUTH 440 FEET OF GOVERNMENT LOT 5, WITH TAX PARCEL ID NUMBER 14509201, LOCATED IN THE CRAWFORD SUBDIVISION, LYING EAST OF THE SEWARD AIRPORT AND HAVING PORTIONS WITHIN THE RESURRECTION RIVER, AND APPROPRIATING FUNDS WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuant to AS 29.45.460 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real property, the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID Number 14509201, located in the Crawford Subdivision; and WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for delinquent property taxes and notified the City of Seward of this action; and WHEREAS, the last record owner of the property is the Estate of Martin and Donna Kowalski and Edward Radde; and WHEREAS, this property is located East of the Seward Airport, a portion the property is located within the Resurrection River; and WHEREAS, this lot contains approximately 2 acres, is located entirely within the floodplain and has no road access; and WHEREAS, in the 1970's the City acquired ownership of several other parcels within the Crawford Subdivision by tax foreclosure and determined that they be held for and devoted to public purposes and not subject to sale, repurchase or redemption; and WHEREAS, the intent of the City is to obtain ownership of the West 200 feet of South 440 feet of Government Lot 5 through the foreclosure process by paying the delinquent taxes of $415.12 and retaining the land for a public purpose, namely, for floodplain conservation, and not subject to sale, repurchase or redemption. CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-004 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Manager and the City Attorney are authorized to take all reasonable steps necessary to complete the foreclosure process including the payment of $415.12 delinquent taxes and obtain a Deed for West 200 feet of South 440 feet of Government Lot 5, Tax Parcel ID number 14509201. Section 2. The amount of $415.12 is appropriated from the General Fund Revenues account 101-0000.3050 to General Fund Miscellaneous account no 101-1180-5790 for delinquent taxes to be paid to the Kenai Peninsula Borough. Section 3. The City of Seward hereby declares that the West 200 feet of South 440 feet of Government Lot 5 shall be retained for a public purpose for floodplain conservation, and shall not be subject to sale, repurchase or redemption. Section 4. This non -code ordinance shall take effect immediately following its enactment. ENACTED by the City Council of the City of Seward, Alaska this 29 h day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: (City Seal) Johanna Kinney, CMC City Clerk) Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager, Jim Hunt From: Donna Glenz, Planner Agenda Item: Authorizing the completion of the tax foreclosure process and obtaining a clerks' deed to retain for public floodplain conservation protection the property described as the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, located in the Crawford Subdivision, lying East of the Seward Airport and having portions within the Resurrection River BACKGROUND & JUSTIFICATION: ��( Attached for the City Council's review and adoption is Ordinance 2012-4 , authorizing the completion of the Kenai Peninsula Borough Tax Foreclosure process on the West 200 feet of South 440 feet of Government Lot 5. This property is located in the Crawford Subdivision, East of the Seward Airport and having a portion the property within the Resurrection River. A copy of the ordinance was mailed to the last record owner of the property, in accordance with AS 29.45.460(c). The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes and notified the City of Seward of this action. AS 29.45.450 declares all unredeemed property inside the City Limits is deeded to the City subject to the payment of the unpaid taxes and foreclosure costs against the property. The City was noticed of the tax foreclosure on the above property and now needs to declare, by ordinance, whether the property will be retained for a public purpose. This action is required by AS 29.45.460. This property contains approximately 2 acres and is located entirely within the floodplain; the south west portion of the lot is located within the Resurrection River. There is no road access to this parcel. In the 1970's the City acquired ownership of several other parcels within the Crawford Subdivision by tax foreclosure and determined that they were to be held for and devoted to public purposes and not subject to sale, repurchase or redemption. The intent of the City is to obtain ownership of the West 200 feet of South 440 feet of Government Lot 5 through foreclosure process by paying the delinquent taxes of $415.12 and, pursuant to AS 29.45,460, declaring this land to be retained for public purposes and not subject to sale, repurchase or redemption. It is in the best interest of the public and the City that this property be removed from private ownership and placed in floodplain conservation status. CONSISTENCY CHECKLIST 1. Comprehensive Plan (2020) 3.8 Natural Hazards (page 28) 1� YES NO N/A 0 3.8.1 Promote community safety from natural disasters through mitigation measures and preparedness training. 1.8.1.2 Create sound public uses of potentially hazardous lands. 2. Strategic Plan (1999) X "Promote a safe community" (page 18) 3. Seward City Code X Title 15.25 Floodplain Management 4. Municipal Lands Management Plan X Tax/Lien Foreclosure: (page 3) Both Seward and Kenai Peninsula Borough Hazard Mitigation Plans support this action: ➢ Controlling development on lands subject to risks from Flooding and other natural disasters ➢ Buyout or relocation of structures that are in highest risk ➢ In addition, important riparian, wetland and aquatic functions, such as water storage, filtering, changes in water quality or quantity and identification of salmon spawning and rearing habitat, should be evaluated and factored into decisions. ➢ Properties should be identified that would be appropriate for protection because of flood risks, and after public input, acquisition, conservation, or flood hazard protection regulations by the government should be pursued. FISCAL NOTE: The City of Seward is required to pay the delinquent taxes of $415.12. Approved by Finance Department INTENT: The completion of the tax foreclosure process and retaining the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, for a public purpose in protected floodplain conservation status. ATTORNEY REVIEW: Yes X No RECOMMENDATION: May 14, 2012: Council introduce Ordinance 2012- 004 , authorizing the completion of the tax foreclosure process of the West 200 feet of South 440 feet of Government Lot 5, with Tax Parcel ID number 14509201, and retaining the parcel for a public purpose and not subject to sale, repurchase or redemption. May 29, 2012 Council adopts Ordinance 2012 -- 6 04 l� KENAI PENINSULA BOROUGH Planning Department • Land Managemenf Division 4� 144 North Binkley Street : Soldotna, Alaska 99669-7520 real PHONE: (907) 714-2200 • FAX: (907) 714-2378 a Toll -free within the Borough: 1-800-478-4441, Ext. 2200 0V;.,. www,borough.kenai,ak.us MIKE NAVARRE BOROUGH MAYOR April 10, 2012 Johanna Kinney, City Clerk City of Seward, Alaska P0Box 167 Seward AK 99664 r Dear Ms. Kinney, Subject: Conveyance of Tax Foreclosure Parcel No. 145-092-01 As shown on the attached application the City of Seward requested conveyance of subject parcel pursuant to A.S. 29.45.460. This parcel may be deeded to the city upon payment of the taxes owed to the Borough with accrued interest but without penalty, and any out of pocket cost incurred by the Borough. Upon receipt of this payment the Borough will have a quitclaim recorded to convey title to the city. After receiving title, the city, by ordinance must meet the obligations of A.S. 29.45.460 with respect to retention for a public purpose, or sale of the tax foreclosed property, as applicable. Amount Due: $415.12 if received by June 15, 2012 Please send the check to my attention. If you have any questions please contact me. Ph: (907) 714-2211 * Fax: (907) 714-2378 ` E-mail: dconetta@borough.kenai.ak.us Sincerely, Daniel A. Conetta, SR/WA Land Management Agent 1_A( Sponsored by: Hunt Introduction: May 14, 2012 Public Hearing: May 29, 2012 `" Enactment: May 29, 2012 CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE COMPLETION OF THE TAX FORECLOSURE PROCESS AND THE SALE OF THE PROPERTY DESCRIBED AS LOTS 29, 30, 31 AND 32, BLOCK 27, ORIGINAL TOWNSITE OF SEWARD; WITH TAX PARCEL ID NUMBERS OF 14805003 AND 14805004, LOCATED AT 516 THROUGH 522 FIRST AVENUE, AND APPROPRIATING FUNDS WHEREAS, based on the Kenai Peninsula Borough 2012 tax foreclosure list and pursuantto AS 29.45.450 the Kenai Peninsula Borough has applied for a Clerk's Deed for the following real property: Lots 29, 30, 31 and 32, Block 27 Original Townsite of Seward, to be deeded to the City, subject to payment of unpaid borough taxes and costs of foreclosure; and WHEREAS, the Kenai Peninsula Borough has initiated foreclosure on the property for delinquent property taxes and notified the City of Seward of this action; and WHEREAS, the property is located on the East side of First Avenue between Madison and Monroe Streets; and WHEREAS, this property has become derelict and an extreme eye sore and over the past few years numerous complaints have been received by the Community Development office however letters to the estate manager, as the representative of the former (deceased) owner of record, regarding the conditions have gone unanswered; and WHEREAS, there are several derelict structures on the property one of which collapsed under heavy snow load on April 16, 2012 and has been declared a public safety hazard; and WHEREAS, the last record owner of the property is the estate of Martin and Betty Goresen, c/o Betty Hodges, Chugiak Alaska; and WHEREAS, an individual residing on the property has been notified that he must vacate on or before the City takes ownership of the property; and WHEREAS, the intent of the City is to obtain ownership through foreclosure process by paying the delinquent taxes of $6,602.66, evicting anyone who may be residing on the property, 1 �� CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 contracting the cleanup of the property and then selling the property and placing it back on the tax roll; and WHEREAS, the City of Seward has no public purpose for the real property, declares the real property to be surplus, finds that it should be cleaned up and sold to cover all costs incurred including but not limited to taxes, penalties, interest, administrative costs, demolition, cleanup and property restoration and attorney fees; and WHEREAS, upon adoption of this ordinance determining to sell the real property and the sale or entry into a contract for sale of the property, the right of the former record owner and assigns to repurchase the real property ceases. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Manager and the City Attorney are authorized to take all reasonable steps necessary to complete the foreclosure process including the payment of $6,602.66 delinquent taxes to the borough and obtain a Deed for Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward. Section 2. Appropriating an amount not to exceed $10,000 from the General Fund Reserves account no 101.0000.3050 including $6,602.66 for delinquent taxes to be paid to the Kenai Peninsula Borough and $3397.34 to assist in the clean-up of the property, to General Fund Miscellaneous expense account no. 101-1180-5790. Section 3. The City of Seward hereby declares that it has no public purpose for Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward and declares that the property is surplus and the real property shall be offered for public sale, following cleanup and eviction proceedings (if needed), in the manner provided by law. Section 4. The City of Seward further declares Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward, shall be offered for sale and the proceeds of the sale used to pay all expenses incurred by the City, including taxes, penalties, interest, administrative costs, demolition costs, and attorney fees. Section 5. This non -code ordinance shall take effect immediately following its enactment. CITY OF SEWARD, ALASKA NON -CODE ORDINANCE 2012-005 ENACTED by the City Council of the City of Seward, Alaska this 29t' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: (City Seal) Johanna Kinney, CMC City Clerk) Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager, Jim Hunt From: Donna Glenz, Planner Agenda Item: Authorizing the completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward; with Tax Parcel ID numbers of 14805003 and 14805004, located at 516 through 522 First Avenue BACKGROUND & JUSTIFICATION: Attached for the City Council's review and adoption is Ordinance 2012-00� authorizing the completion of the Kenai Peninsula Borough Tax Foreclosure process on Lots 29 -32, Block 27, Original Townsite of Seward. This property is located on the East side of First Avenue between Madison and Monroe Streets. A copy of the ordinance was mailed to the last record owner of the property, in accordance with AS 29.45.460(c). The Kenai Peninsula Borough has initiated foreclosure on this property for delinquent property taxes and notified the City of Seward of this action. Alaska State Statue declares all unredeemed property inside the City Limits is deeded to the City subject to the payment of the unpaid taxes and foreclosure costs against the property. The City was noticed of the tax foreclosure on the above property and now needs to declare, by ordinance, whether the property will be retained for a public purpose. This determination is required by AS 29.45.460. There are several derelict structures on the property, one of which collapsed under heavy snow load on April 16, 2012 and has been declared a public safety hazard. This property has become derelict and an extreme eyesore and over the past few years numerous complaints have been received by the Community Development office. However, letters to the estate manager regarding the conditions have gone unanswered. The intent of the City is to obtain ownership through foreclosure process by paying the delinquent taxes of $6,602.66, evicting the current tenant, contracting the cleanup of the property, and then selling the property and placing it back on the tax rolls. CONSISTENCY CHECKLIST YES NO N/A Comprehensive Plan (2020) X 3.9.2.1 Encourage citizens, as well as the City to take an active role in beautifying .the community." (page 30) 2. Strategic Plan (1999) X "Promote a safe community" (page 18) 3. Seward City Code X Numerous sections of title 9, Health and Safety support this action. M 4. Municipal Lands Management Plan X _ Tax/Lien Foreclosure: (page 3) FISCAL NOTE: The City of Seward is required to pay the delinquent taxes of $6,602.66 to obtain title. Additional costs may include administrative costs, demolition, cleanup and property restoration and attorney fees. All incurred costs, interest, and penalties are expected to be recovered in the sale of the property. Approved by Finance Department INTENT: The completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward ATTORNEY REVIEW: Yes X No RECOMMENDATION: May 14, 2012: Council introduce Ordinance 2012- 0 0 5 , authorizing the completion of the tax foreclosure process and the sale of the property described as Lots 29, 30, 31 and 32, Block 27, Original Townsite of Seward May 29, 2012 Council adopts Ordinance 2012_005 KENAI PENINSULA BOROUGH Planning Department • Land Management Division 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 Toll -free within the Borough: 1-800-4784441, Ext. 2200 www.borouqh.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR April 11, 2012 Johanna Kinney, City Clerk City of Seward, Alaska P O Box 167 Seward AK 99664 Dear Ms. Kinney, Subject: Conveyance of Tax Foreclosure Parcel No. 148-050-03 and 148-050-04 As shown on the attached application the City of Seward requested conveyance of f' subject parcel pursuant to A.S. 29.45.460, This parcel may be deeded to the city upon j payment of the taxes owed to the Borough with accrued interest but without penalty, and any out of pocket cost incurred by the Borough. Upon receipt of this payment the Borough will have a quitclaim recorded to convey title to the city. After receiving title, the city, by ordinance must meet the obligations of A.S. 29.45.460 with respect to retention for a public purpose, or sale of the tax foreclosed property, as applicable. Amount Due. $6,602.66 if received by June 15, 2012 Please send the check to my attention. If you have any questions please contact me. Ph: (907) 714-2211 * Fax: (907) 714-2378 " E-mail: dconetta@borough.kenai.ak.us Sincerely, •Bz� CL, c 5" Daniel A. Conetta, SR/WA Land Management Agent V Dq as'�9 ire t+ t - , 'tf i ' � 1 21. a t i it Axf' �ql Op � �; 6 �. JJ `r•za C a kNi x ' "Y+A caj� i { 't { ,C' f a , y } 11 u VWA i`F� f S Awl, �1 -r N 1 'i i t & f y vx c� .,, _ _ _L�•_ rz ,u »'�r�,��,�`,_ � v`�' i, � � � + t t t � � `�:`�,� nil t 51 J!", kl fat ijr - t We Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING A GRANT FROM ALASKA ENERGY AUTHORITY TO UPGRADE AND UPDATE GENERATION FACILITIES AT FORT RAYMOND GENERATION PLANT FOR $3,960,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward relies on the backup generation facility in times of emergency; and WHEREAS, an update and reliable backup generation facility is in the best interest of the community; and WHEREAS, pursuant to the HB 108 for outright grant of funds, Alaska Energy Authority 47910011 provides funds to update and upgrade the generation facilities at Fort Raymond to permit a more reliable generation plant; and WHEREAS, the grant was awarded by the State on July 1, 2011; and WHEREAS, these funds are allocated by the State to complete the Fort Raymond Generation Substation Upgrade; and WHEREAS, the funds to accomplish the work is expected to total $4,164,010 of which $3,960,000 is an outright grant through AEA and $204,010 represents work to be accomplished within the operational budget of the Electric Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby authorizes the City Manager to accept AEA Grant #7910011 to upgrade and update generation facilities at Fort Raymond Generation Plant, and accepts grant funds in the amount of $3,960,000 to Standby Generator Plant Grant Revenue Account No. 505-5052-4680-0200. Section 2. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2012-028 PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 141h day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: Jim Hunt, City Manager From: John Foutz, Utility Manager Agenda Item: Accept Alaska Energy Authority grant #7910011 BACKGROUND & JUSTIFICATION: Grant Agreement #7910011 from the State of Alaska through Alaska Energy Authority (AEA) provides funds to update and upgrade the generation facilities at Fort Raymond to permit a more reliable generation plant. Two contracts will be presented to the council, separate from the grant acceptance, allocating the grant funds to the winning bidders for integrating the controls and for the building. The grant was awarded by the State on July 1, 2011, in the amount of $4,000,000.00. AEA has taken 1% ($40,000) as administrative fees. The funds to accomplish the work are expected to total $4,164, 010, of which $3,960,000 is an outright grant from AEA and $204,010 represents work to be accomplished within the operations budget of the Electric Department. INTENT: Council authorize the City Manager to accept AEA Grant #7910011 to upgrade and update the facilities at Fort Raymond Generation Plant. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: Sections 1, 3, 3.7. 3.1 and 3.7.3.2 X 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: The grant amount from the State of Alaska is $4,000,000 and Alaska Energy Authority is taking 1% or $40,000 as administration fees. The initial projected cost estimated by Jack Anderson with Dryden & LaRue (A subsidiary of EPS) is $4,197,010 and is divided into design and construction of the generation facility at $1,749,250, engineering and construction of warehouse/administrative facility for $1,400,000, engineering at $314,925, and Contingency at $692,835. The amount over $4,000,000 is expected to be match by the City of Seward. Since the $4,000,000 is granted by the State, then the funds do not impact the city's electric department operating expense. The $197,010, if used, will come from the electric department's reserves. Approved by Finance Department:+GrQ%v **40' ATTORNEY REVIEW: Yes No X <n RECOMMENDATION: p, Council approve Resolution 2012- b�authorizing the City Manager to accept grant funds by the state through Alaska Energy Authority for the intended use of upgrading and updating the Fort Raymond Generation, Facility. 'C�O F2D) EGUYEnp _ fi t I- t:!" I Alaska Energy Authority AIDU, 140r.:� ALASKA Grant Agreement AEA ENERGY AUTHORITY Grant Agreement Number I CFDA Number Amount of Funds: 7910011 NA LU1960,000 Project Code(s) Proposal Number: Period of Performance: 409037 NP10111 From: Jui 1 2011 To: December 31, 2014 Project Titie: Seward Power Plant Integration Grenti�e_ 6:rantA.c Name Alaska Energy Authority City of Seward Street/PO Box StreetlPO Sox P.O. Box 167 B13 W, Nor -them Lights Blvd City/State/Zip Citymtate/Zip Seward AK 99664 Anchorage, AK 9R503 Contact Person Contact Person Vernon Willet Jr. Kirk H. Warren, Pro ect Manager Phone: Fax: E-mail: Phone: Fax: E-mail: 907-2244.065 907.224-4087 vwlllet@cltyoNewar 907-771-3072 907-771-3044 kwarren@aidea.org d.net AGREEMENT The Alaska Energy Authority (hereinafter'Authodty') and City of Seward (hereinafter'Grantee'), agree as set forth herein. Section 1. The Authority shall grant funds to pay for expenses incurred by the Grantee under the terms and conditions of this Agreement, in an amount not to exceed $ 3,960,000, unless the grant amount is amended as provided herein. Section ii. The Grantee shall apply the grant funds to the Project and perform all of the work and other obligations required by this Agreement, Section Ill. Performance under this agreement begins July 1, 2011 and shall be completed no later than December 31, 2014. Section IV. The agreement consists of this page and the following: Appendices Attachmente/Forms (As required) Appendix A: General Provisions Attachment 1: Financial Report/Request for Appendix B: Standard Provisions Reimbursement Form Appendix C: Grantee Proposal/Scope of Attachment 2: Progress Report Form Work Attachment 3: Notice of Grant Closeout Appendix D: Project Management & Reporting Requirements Appendix E: Project Budget & Reimbursement Provisions AMENDMENTS: Any amendments to this Agreement must be signed by authorized representatives of Grantee and the Authority and should -be fisted here. Ali �r)ty Eziaciuitilre pirec#or or, Grantee Prig ect'mik l fir D. s_i oee '- D to Signature D te ' nature Date Ji Kirk H-WarrAW, Sara Fisher -Goad, 0—Manager I Project Manager AEA Executive Director 6. Seward Power Plant integration Grant Award # 7910011 Table of Contents Grant No. 7910011 AGREEMENT........ —............... ........ —...~..................... ....................................................................... / APPENDIX A GENERAL PROVISIONS .............................. .~,....... .............................................................. 4 l. DEFINITIONS ...----,—.--._--...--..---._..~._...—.—..~.~^^__—.--..4 2. AUTHORITY SAVED HARMLESS ....................... .................. —................................................... ................. 4 3. WORKERS' COMPENSATION INSURANCE .......... ......................................................................... ....... ....4 4. INSURANCE ......... ........................................... .................................................................................... ...'5 5. EQUAL EMPLOYMENT OppnnTnNrfv(EED) ................................................................................................ 5 6 PUBLIC PURPOSES ............................. ........................ .--................................................................... .5 7. OFFICIALS 14oTI0BomnpIT,................... ........ .... ........ ......... .... ........... '... --................. ...... _'5 8. GOVERNING LAW ......................................................................................................................................... 5 9, COMPLIANCE wmeAPPLICABLE LAW AND FoezmwoSOURCE REQUIREMENTS ........................................... 5 kl8EVEuAaILITY.......... —... ... ......................................................................................................................... 0 11 NON -WAIVER .............................................................................................................................................. .0 ClDmzu�Arozm............................................................................................................... ............................... 6 8. GRANTEE NOT AGENT onAuzommrjy......................................................................................................... 6 pLDISPUTES ...................................................................................................................... ............................. .6 25, TERMINATION .................................. ... ................ .^—............................................................................. 6 M ToomaTom/DUE ToLACK OrFUNDING .................................. ..................................................... ..... —'7 C\ NoASSIGNMENT ooDELEGATION ............................................................................................................... ? lK No THIRD PARTY BENEFICIARIES ................ ....... ... ........ --........ .......................... ---.................. 8 19. NoADDITIONAL lmonKqR MATERIAL ...... ................................................................................................. 8 20, CHANGES .................................. ....................... ...... .................. ....... '...... ..... ... _—..—.......8 %L RIGHT zoWITHHOLD FUNDS ......................... ............................................................................................. B 22. REMISSION orUNEXPENDED FUNDS ...................... --- ......................................................................... —8 23, TAxCuuPo/wxCE RESPONSIBILITIES oxGRAmTno—............ ... ..................... ................................ 8 24. LOBBYING ACTIVITIES ....................... .............................................. ........................................................... 8 25. FINANCIAL MANAGEMENT AND ACCOUNTING .............. .--.................. .... ........ ..................................... 8 26. PROCUREMENT STANDARDS ................................................................... ........... ......................................... y %l REPORTING REQUIREMENTS ............ ......... --...... ............... -............... ....... —.............. ................... 9 28. OWNERSHIP OF DOCUMENTS AND PRODUCTS ............. ................................................ .................. ......... y 29. lmonocTxONS AND RETENTION OrRECORDS .................... .... .......... .................. ...... .'........................... 9 30, AUDITS ......................................................................................................................................................... 9 31. lEoALAUTs{Rrn/... ......... ............. ... ..................... ..—................ .............. ..`^.—..__.~~~~.y ]l GRANT CLOSE OUT .............................................. .............................................. ....................................... lO APPENDIX B STANDARD PROVISIONS .............. ... ............... ........... ........ .................. ........ .................. 10 I. GRANT FUNDING SOURCES ........................................................................................................................ 0 2. GOVERNING LAWS ..................................................................................................................................... 0 3. ELIGIBLE COSTS ......................................................................................................................................... 0 AIPEND2XB1 STANDARD PROVISIONS FOR GENERAL DESIGN W^ CONSTRUCTION GRANT .... 12 l- DECLARATION OFPUBLIC 8omspIT........... .......... ........... ... ............................................................... l2 l8uxwcoEE PROJECT MANAGER ............................................................................................... ................... }2 3. APPROVAL ToPROCEED WITH }&ooPHASE ........ .—.......................... ...................................................... 1% 4. CONTRACTS FOR ENGINEERING SERVICES ...... .......................................................................................... l2 5. 8rnaCONTROL ........................ .......... .............................................................................................. ...... 12 6. PERMITS ........... ...~................ ........ —.... ... ..... .—.—'_^........................................................... %% Page uof 26 Seward Power Plant Integraffon Grant Award # 7910011 8. ENVIRONNMTAL STANDARDS ...................... .... .... .... ...................................................... ........................ l3 9. CURRENT PREVAILING RATES mnWAGE AND EMPLOYMENT PREFERENCE ................................................ }3 10. CONSTRUCTION PLANS AND SPECIFICATIONS REVIEW ............. ...... ....... ..................................... ......... l3 D. CONSTRUCTION INSURANCE AND BONDING ............................................................................................... }4 12. 9noTC0mSnnucrxnN CERTIFICATION ....................................................... ........ ..................................... l4 13. 0wNanooIP OFFACILITIES ..... ..~............................................................... ........................................ l4 14, OponArmN AND MAINTENANCE cmFACILITIES ................. ...... .._....... .... ____ ................................. l4 is. PERFORMANWOPERATION AND MxIN?Exmnvos(O&M) REPORTING ....................................................... }4 16. TARIFFS 8tRATES FOR USE opGRANT-FUNDED ASSETS ...................................... .................................... l5 APPENDIX GRANTER PROPOSALISCOPE OFWORK .......... ~........ ................................................... l6 AIPE%wDIXD PROJECT MANAGEMENT &REPORTING REQUIREMENTS ~..--................1A l. PROJECT MANAGEMENT ...... ...................................................................................................................... l8 z. CoxT»CT}Ewuomo............ ..._...--..,.......... ........ .,....... .—... ... —.—.............. —......... .—­l8 3. MONTHLY PuoommAND FINANCIAL REPORTS ........................................... ............................................ 18 4. DocuusN7arimAND RECORD KEEPING .................................................................................................. l9 LALLowAmE COSTS .......................................................... ....—............................................................. l9 a. Direct lobm'&.................................... ........ ----.--.............. ........ ........... —..... /y 6 J)�me( Meals, or Per Diem ...................................................................................................................... lY C, '—~^~^—^—~—~---^--^~—~---^—^~—'----_--.----'20 d— ...... ........... .......................................................................... .... ... I'll ... ........... J0 nContractual services ................................ —........ —_.............................. .............................................. J0 fConstruction Services .... .......................................................................................................................... J0 & Other Direct Costs .................................. ................ ___ ........... .............................................................. 20 2. SPECIFIC EXPENDITURES NOT ALLOWED ....... ............................................................................................ 2l 3. MATCH ....................................................................................................................................................... 2l 4. COST 3RmRE&�aceREQUIREMENTS ................ ....................................................................................... 2l 5. VALUING IN -KIND SUPPORT xyMATCH ............. .... .... ,................ —.............. .......................... ......... 2l 6. Gn/NrDmoomEumyvnv...................... ''..... ..................... ................................................................... Z% 7. WITHHOLDING omGRANT FUNDS .......................... ....... —..................................................................... .22 8. ADVANCE DISBURSEMENTS ....................... ........................ ....................................................................... 23 9. UNoxpsmozDGRANT FUNDS AND INTEREST EARNED .............................................. ................................ I3 ATTACHMENT l FINANCIAL FOR REIMBURSEMENT FORM ......................... 24 ATTACHMENT2 PROGRESS REPORT FORM .............. ........ ... ... ............................................................... 25 Page »of 25 Seward Power Plant Integration Grant Award # 7910011 APPENDIX A GENERAL PROVISIONS 1. Definitions In this Grant Agreement, attachments and amendments: a) "Authority" means the Alaska Energy Authority, a public corporation of the State of Alaska. b) "Authority Project Manager' means the employee of the Authority responsible for assisting the Grantee with technical aspects of the Project and Is one of the Grantor's contacts for the Grantee during all phases of the Project. c) "Authorized Representatives" means those individuals or entities authorized by an entity to act on its behalf, with delegated authority sufficient to accomplish the purposes for which action is needed. d) "Economic Life" means 20 years from the date of the final disbursement. e) "Executive Director" means the Executive Director of the Authority or the Executive Director's authorized representative. f) "Grantee Project Manager" means the person designated to fulfill the obligations arising under Appendix B1, item #2. g) "Matching Contributions" means the cash, loan proceeds, in -kind labor, equipment, land, other goods, materials, or services a grantee provides to satisfy any match requirements of a grant or to complete the Project. h) "Project" means Seward Power Plant Integration as defined in Appendix C (Scope of Grant) for which funds have been made available. 1) "State" means the State of Alaska, 2. Authority Saved Harmless As a condition of this Grant, the Grantee agrees to defend, indemnify, and hold harmless the Authority and the State of Alaska, and their agents, servants, contractors, and employees, from and against any and all claims, demands, causes of action, actions, and liabilities arising out of, or in any way connected with this grant or the project for which the grant is made, howsoever caused, except to the extent that such claims, demands, causes of action, actions or liabilities are the proximate result of the sole negligence or willful misconduct of the Authority or the State of Alaska. 3. Workers' Compensation Insurance The Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. The Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.X Page 4 of 26 M In Seward Power Plant integration Grant Award # 7910011 4. insurance The Grantee is responsible for obtaining and maintaining any necessary insurance and endorsements as defined In Appendix B Standard Provisions. Proof of insurance coverage must be included with the first reimbursement or advance request. Continued proof of insurance coverage must be presented with the first reimbursement or advance request of the grantee's fiscal year for the life of the grant. Reimbursement and advance requests will not be processed if proper documentation of insurance has not been submitted. 5. Equal Employment OpportunW (EEO) The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. The Grantee shall state in all solicitations or advertisements for employees to work on Authority funded projects, that it is an Equal Opportunity Employer (EEO) and that all qualified applications will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor and subcontractor. 8. Public Purposes The Grantee agrees that the Project to which this Grant Agreement relates shall be dedicated to public purposes and any project constructed or equipment or facilities acquired, shall be owned and operated for the benefit of the general public. The Grantee shall spend monies appropriated under this grant only for the purposes specified in the Grant Agreement. The benefits of the Project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood, T. Officials Not To Benefit No member of or delegate to Congress or the Legislature, or officials or employees of the Authority or Federal government may share any part of this agreement or any benefit to arise from it. 8. Governing Law This Grant Agreement Is governed by the laws of the State of Alaska. Any civil action arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. 9. Compliance with Applicable Law and Funding Source Requirements The Grantee shall comply with all applicable local, state and federal statutes, regulations, ordinances and codes, whether or not specifically mentioned herein, Refer to Appendix B Standard Provisions for more specific requirements. Pago 5 of 26 Seward Power Plant Integration Grant Award # 7910011 10. Severablllty If any section, paragraph, clause or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall be unaffected and enforced to the fullest extent possible, and the invalid or unenforceable provision shall be deemed replaced with a valid and enforceable provision that is as similar as possible to such invalid or unenforceable provision. 11, Non -waiver The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement, or any part hereof, or the right of such party thereafter to enforce each and every provision hereof, 12. Integration This instrument and all appendices, amendments, attachments, hereto embody the entire Agreement of the parties concerning the grant funds granted hereunder. There are no promises, terms, conditions, or obligations regarding said funds other than those contained in the documents described above; and such documents shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. To the extent there is any conflict between the provisions of Appendix A and B the Grantee's application or proposal, the provisions of Appendix A and B prevail. 13. Grantee NotAgent of Authority The Grantee and any agents and employees of the Grantee act in an independent capacity and are not officers or employees or agents of the Authority in the performance of this Grant Agreement, 14, Disputes Any dispute arising under this Grant Agreement which is not disposed of by mutual agreement must be dealt with in accordance with 3 AAC 108.915, 15. Termination a) The Grantee shall have no rights to compensation or damages for termination except as provided in this Section. b) In addition to all other rights available under law, the Authority may terminate this Agreement or stop work on the Project for the convenience of the Authority or for cause upon ten (10) days written notice. c) "Cause" for termination shall exist when the Grantee has failed to perform under this Agreement, has provided incorrect or misleading information or has failed to provide information which would have influenced the Authority's actions. In order for termination to be for cause, the Grantee's failure to perform or the Grantee's provision of incorrect, misleading, or omitted information must be material, Page 6 of 26 ` `( Seward Power Plant Integration Grant Award # 7910011 d) if this Agreement is terminated for cause, the Grantee shall be entitled to no compensation. The Grantee shall reimburse the Authority for all grant funds expended under this Agreement by the Grantee or on the Grantee's behalf including interest accrued from the date of disbursement. The Grantee shall also reimburse the Authority for any costs Incurred to collect funds subject to reimbursement, and for any damages incurred by the Authority as a result of the Grantee's failure to perform or provision of incorrect or misleading information. The Authority may require the Grantee to return to the Authority some or all of the Project assets and the fair market value of the returned Project assets will be applied to reduce the amount of reimbursement the Grantee owes the Authority under this subsection d. e) If this Agreement is terminated at the sole request of the Authority for the sole reason of its convenience, the Grantee is not required to reimburse the Authority for funds expended prior to the date of termination. If the Grantee has incurred costs under this agreement, the Grantee shall only be reimbursed by the Authority for eligible costs the Grantee incurred prior to the date of termination of the Agreement. However, prior to making any claim or demand for such reimbursement, the Grantee shall use its best effort to reduce the amount of such reimbursement through any means legally available to it. The Authority's reimbursement to the Grantee shall be limited to the encumbered, unexpended amount of funds available under this Agreement. f) if the basis for the termination of the Agreement or stop work under Section 15(b) is capable of being cured, the Authority shall provide the Grantee thirty (30) days from the date the termination or stop work becomes effective for the Grantee to cure the basis for the termination or stop work. If the grantee cannot reasonably cure the basis for the termination or stop work within this thirty (30) day period, but the Grantee promptly undertakes and diligently pursues such cure, the cure period shall be extended to sixty (60) days. The Authority may further extend the cure period if the grantee demonstrates that It is prohibited from curing the basis for termination or stop work by any process, stay or injunction issued by any governmental authority or pursuant to any bankruptcy or insolvency proceedings. If the Grantee cures the basis for the stop work, the stop work will be lifted. Until the Agreement Is reinstated or stop work lifted, The authority may not disburse any amount under this Agreement to the Grantee except as otherwise specifically provided in this section 16. Termination Due to Lack of Funding In the event funding from the Authority, federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, the Authority may terminate the agreement, reduce funding, or re -negotiate subject to those new funding conditions. 17. No Assignment or Delegation The Grantee may not assign or delegate this Grant Agreement, or any part of it, or any right to any of the money to be paid under it, except with the written consent of the Executive Director or Designee. Page 7 of 26 Seward Power Plant Integration Grant Award # 7910011 18. No Third Party Beneficlarles Except as otherwise specified in this agreement, no person is a third party beneficiary of this Agreement and this Agreement creates no third party rights. Specifically, any person who is not a party to this Agreement shall be precluded from bringing any action asserting the liability of a party or asserting any right against a party to this Agreement, through the terms of this Agreement. No person, other than a party to this Agreement, may bring any action based upon this Agreement for personal injuries, property damages, or otherwise. 19. No Additional Work or Material No claims will be allowed for additional work, materials, or equipment, not specifically authorized in this Grant Agreement, which are performed or furnished by the Grantee. 20. Changes Any changes which have been agreed to by both parties will be attached and made a part of this Grant Agreement by use of a written Amendment. Any such Amendment must be dated and signed by Authorized Representatives of the Authority and the Grantee. 21. Right to Withhold Funds The Authority may withhold payments under this Grant Agreement for non-compliance with any of the provisions of this Grant Agreement, 22. Remission of Unexpended Funds The Grantee shall return all unexpended grant monies to the Authority within 90 days of the Project completion. 23. Tax Compliance Responsibilities of Grantee The Grantee is responsible for determining applicable federal, state, and local tax requirements, for complying with all applicable tax requirements, and for paying all applicable taxes. The Authority may issue an IRS Form 1099 for Grant payments made. The Grantee shall pay all federal, state and local taxes incurred by the Grantee and shall require the payment of all applicable taxes by any contractor or any other persons in the performance of this Grant Agreement. 24. Lobbying Activities In accepting these funds, the Grantee agrees and assures that none of the funds will be used for the purpose of lobbying activities before the United States Congress or Alaska Legislature. No portion of these funds may be used for lobbying or propaganda purposes as prohibited in AS 37.05.321, 18 U.S.C. 1913, 31 U.S.C. 1352, or other laws as applicable. 25. Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. In addition, the accounting system must keep separate all grant funds awarded under this grant agreement. Page 8 of 28 M M R Seward Power Plant Integration Grant Award # 7910011 26, Procurement Standards Grantees will follow competitive purchasing procedures that: 1) provide reasonable competitive vendor selection for small dollar procurements; 2) provide for competitive bids or requests for proposals for contracts and procurements greater than $100,000, 3) provide a justification process for non-competitive procurements or contracts; 4) document the source selection methods used for all contracts, equipment, or material transactions greater than $10,000; 5) and comply with other procurement requirements as defined in Appendix B. Grantees who have questions about their procurement procedures or a specific procurement should contact the Authority's Grant Manager. 27. Reporting Requirements The Grantee shall submit progress reports to the Authority according to the schedule established in Appendix D of this Grant Agreement, 28, Ownership of Documents and Products Except as otherwise specifically agreed, all designs, drawings, specifications, notes, artwork, computer programs, reports and other work developed with grant funds in the performance of this agreement are public domain and may be used by the Authority and/or public without notice or compensation to the. Grantee. The Grantee agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. Except as otherwise specifically agreed, and without limiting any Intellectual Property requirements of a federal funding agency, the Authority shall have unlimited rights to use and to disseminate any data produced or delivered in the performance of the contract. For purposes of clarity, nothing in this section precludes Grantee from using any document or product with respect to the Project or other Grantee uses 29, Inspections and Retention of Records The Grantee shall keep a file for financial, progress and other records relating to the performance of the grant agreement. The file must be retained for a period of four years from the fully executed close out of the grant agreement or until final resolution of any audit findings claim or litigation related to the grant. The Authority may inspect, in the manner and at reasonable times It considers appropriate, records and activities under this Grant Agreement. 30. Audits This Grant Agreement is subject to 2 AAC 45.010 single audit regulations for State Grants. The Grantee must comply with all provisions of 2 AAC 45,010 and any additional audit requirements outlined in Appendix D. Commercial (for -profit) entities shall obtain an audit by an independent auditing firm similar to a program audit prepared under OMB A-133. The auditee and auditor shall have basically the same responsibilities for the federal or state program as they would have for an audit of a major program in a single audit. The expenditure threshold is $500,000 in the commercial entity's fiscal year. 31. Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Alaska and to execute the Project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Authority and the State of Alaska shall be at all times as an independent Grantee. Page 9 of 26 Seward Power Plant Integration Grant Award # 7910011 32. Grant Close out Upon completion of all work and expenditure of all grant funds related to the Project the Authority will provide written notice to the Grantee that the Grant will be closed. The Grantee shall sign the Notice of Project Closeout within 30 days after it Is delivered by the Authority. The Grant will be considered closed upon receipt of the signed Notice of Project Closeout. The Grant will be administratively closed if the Grantee fails to return the Notice of Project Closeout within 30 days after it is delivered by the Authority. If the Grantee has a valid reason for the Grant to remain open, they must contact the Authority in writing within 30 days. No additional reimbursements will be made to the Grantee after the grant is closed out. Appendix B Standard Provisions 1. Grant Funding Sources This Grant is subject to appropriation and availability of funds as listed below: State of Alaska $ 3,960,000 SLA-12 AID 12131008 Local Match -- Cash 237,010 City of Seward Total Grant Funding 4,197,010 Grantee acknowledges that if additional grant funds are made available they are subject to the terms and conditions of this Agreement and any amendment. The original appropriation equaled $ 4,000,000 however; the Authority will retain $40,000 for administration of this grant -funded project. Any unused amount will be granted to the City of Seward forthe Project. 2. Governing Laws The Grantee shall perform all aspects of this Project in compliance with all applicable state, federal and local laws. 3. Eligible Costs The Authority, as Grantor, shall have sole discretion to determine which project costs are eligible to be paid from Grant monies under this agreement. Only direct costs of the Project are eligible for payment or reimbursement from grant funds. Indirect costs are not allowed under this grant unless approved by the Authority in Appendix E. Page 10 of 26 Seward Power Plant Integration Grant Award 0 7910011 4, Insurance Requirements The following insurance requirements are in effect for this Project. Grant funds will be used to procure Project related insurance and the Authority will work with the Grantee to ensure that these requirements are met. Insurance will be obtained with an insurance carrier or carriers covering injury to persons and property suffered by the State of Alaska, Alaska Energy Authority or by a third party as a result of operations under this grant. The insurance shall provide protection against injuries to all employees of the Project engaged in work under this grant. All insurance policies shall be issued by insurers that (i) are authorized to transact the business of insurance in the State of Alaska under AS 21 and (ii) have a Bests Rating of at least A-VIJ and be required to notify the Authority, in writing, at least 30 days before cancellation of any coverage or reduction in any limits of liability. Where specific limits and coverage are shown, it is understood that they shall be the minimum acceptable and shall not limit the Grantee's indemnity responsibility. However, costs for any coverage in excess of specific limits of this agreement are the responsibility of the Grantee and may not be charged to this grant agreement. The following policies of insurance shall be maintained with the specified minimum coverage and limits in force at all times during the performance work under this Project: 1. Workers' Compensation: as required by AS 23.30.046, for all employees engaged in work under this Project. The coverage shall Include: a. Waiver of subrogation against the State and the Alaska Energy Authority and Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit; 1`64'' 2: Commercial General Liability: on an occurrence policy form covering all operations under this Project with combined single limits not less than: a. $1,000,000 Each Occurrence; b. $1,000,000 Personal Injury; c. $1,000,000 General Aggregate; and d. $1,000,000 Products -completed Operations Aggregate. The State of Alaska and Alaska Energy Authority shall be named as an individual insured. 3, Automobile Liability: covering all vehicles used In Project work, with combined single limits no less than $1,000,000 each occurrence. All of the above insurance coverage shall be considered to be primary and non-contributory to any other insurance carried by the State of Alaska and Alaska Energy Authority, whether self- insurance or otherwise.. The Authority's acceptance of deficient evidence of insurance does not constitute a waiver of Grant requirements. Page 11 of26 ao � Seward Power Plant Integration Grant Award # 7910011 Appendix B1 Standard Provisions far General Design & Construption Grant ?. Declaration of Public Benefit The parties acknowledge and agree that the Project shall be constructed, owned and operated for the benefit of the general public and will not deny any person use and/or benefit of Project facilities due to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. 2. Grantee Project Manager For construction projects, the Grantee will contract or hire competent persons to manage all phases of the Project subject to approval of the Authority. Work at a minimum will include; management of Grantee's labor for the project, engineering firms and consultants., procurement, management of construction contractors, selection of equipment, review of plans and specifications, on -site inspections and review and approval of work, and other duties to ensure that the completed work conforms with the requirements of the grant and the construction documents. If the Grantee fails to provide adequate project management the Authority may terminate the Grant or assume project management responsibilities with the concurrence of the Grantee. Costs for a Grantee Project Manager must be reasonable to be considered an eligible grant expense. 3. Approval to Proceed With Next Phase A grant award may be for one or more phases of a project. The grantee must achieve substantial completion of work or of designated grant milestones and receive approval from the Authority prior to proceeding to the next phase of work. 4. Contracts for Engineering Services In the event the Grantee contracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska and provide proof of licensing and insurance. 6. Site Control If the grant Project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there Is legal access to such property. The Grantee is responsible for securing the real property interests necessary for the construction and operation of the Project, through ownership, leasehold, easement, or otherwise, and for providing evidence satisfactory to the Authority that it has secured these real property interests. 6. Permits It is the responsibility of the Grantee to identify and ensure that all permits required for the construction and operation of this Project by the Federal, State, or Local governments have been obtained unless otherwise stated in Appendix C. These permits may include, but are not limited to, Corps of Engineers, Environmental Protection Agency, Alaska Department of Environmental Conservation, State Historic Preservation Office, State Fire Marshal, Alaska Department of Natural Resources, Alaska Department of Fish and Game and Boroughs. Page 12 of 26 aoa Seward Power Plant Integration Grant Award # 7910011 7. Exclusion of Existing Environmental Hazards Grant funds for investigation, removal, decommissioning, or remediation of existing environmental contamination or hazards, are not allowed unless specifically specified and approved in Appendix C. 8. Environmental Standards The Grantee will comply with applicable environmental standards, including without limitation applicable laws for the prevention of pollution, management of hazardous waste, and evaluation of environmental impacts. 9. Current Prevailing Rates of Wage and Employment Preference To the extent required by federal and State law construction projects may require certain grantees to include the requirements for Davis Bacon and Little Davis Bacon when Contracting for construction services. This requires contractors to pay minimum rates of pay for specific classes of workers and provide certified payrolls to the State Department of Labor. The current wage rates can be found at the following web sites: The Federal wage rates at http://www.wdol.00v/ The State wage rates at httgJ/www.labor.state.ak.usiiss/g_amp600 htm If federal funding sources require federal Davis Bacon compliance, the Grantee must use both the Federal and State wage scale and the contractor is required to pay the higher of the State or Federal wage scale. When only State Funds are used that requires "Little Davis Bacon," the Grantee is only required to follow the State Rate schedule. ,,%✓ For projects that are only State funded, contractors are also required to use local residents where they are available and qualified in accordance with AS 36.10.150-180, and 8 AAC 30.064 - 088. The Grantee is responsible for identifying any other sources of project funds and for ensuring compliance with applicable wage scales for all sources of project funding. If a Grantee believes they or their contractors may be exempt from these requirements, they should contact the State of Alaska Department of Labor and Workforce Development, Wage and Hour Administration, for a determination and forward a copy of that determination to the Authority's Grant Administrator. 10. Construction Plans and Specifications Review Prior to public notice of bidding a construction project the Grantee will provide the plans and specifications to the Authority for review. Concurrence that the plans and specifications are consistent with the grant award must be received before grant funds will be released for construction related costs. Page 13 of 26 ao_Z1 Seward Power Plant Integration Grant Award # 7910011 11. Construction insurance and Bonding When the value of the construction is anticipated to be greater than $100,000, prior to beginning construction on a project funded by this grant, the Grantee or grantee's contractor(s) must provide the Authority; 1) proof of adequate insurance as defined in Appendix B. #4 of the grant agreement, and 2) either a payment and performance bond, as may be required by AS 36.25,010, a surety in form and substance acceptable to the Authority, or some other guarantee or assurance acceptable to the Authority that the Grantee or the Grantee's contractor has the capacity, qualifications, and financial resources necessary to complete construction of the project as proposed in the grant or construction contract(s) funded by this grant. 12. Post Construction Certification Upon completion of construction the Grantee will submit a final report that includes: • Certification that all work is completed in accordance with the grant and all costs claimed are eligible costs and represent work completed on the Project; • Summary of total project cost including detailed funding sources and any outstanding debt; • Certification that there is a release of any contractor or subcontractor liens on the project; • Identification of any outstanding construction issues; and, • As -built drawings. 13. Ownership of Facilities The Grantee shall assume all liabilities arising from the ownership and operation of the Project. Grantee will not sell, transfer, encumber, or dispose of any of its interest in the facilities constructed with this grant funding during the economic life of the project without prior written approval of the Authority. 14. Operation and Maintenance of Facilities The Grantee is required to maintain and operate the facilities defined in Appendix C of this agreement for the economic life of the facility or the specific period of time designated herein. In the event that the Grantee is no longer operating the facilities for the intended purposes the Authority may require the Grantee to reimburse the Authority an amount based on the total contribution of the Authority, the value of the assets, and the terms and conditions of this agreement. The Authority may require that the assets acquired under this agreement be sold and the proceeds returned to the Authority. 15. PerformancelOperation and Maintenance (O&M) Reporting If the grant is .for Project construction, the Grantee must provide the Authority with a Performance/O&M Report annually for five years after Project completion. The Performance/ O&M Report must include: (1) a detailed description of Project operations and maintenance activities and issues; and (2) a detailed description of Project performance, including energy output, estimated fuel savings resulting from the operation of the Project, and any other relevant measures of Project performance reasonably requested by the Authority, a description of repairs and modifications to the Project, and recommendations for improvements for similar future projects. Page 14 of 26 Seward Power Plant Integration Grant Award # 7910011 The Authority may take into account the Grantee's failure to provide the required annual Performance/O&M Report in evaluating future applications from the Grantee for grant funds. The Authority encourages grantees to provide annual Performance/O&M reports for the life of the Project, and may consider the Grantee's voluntary submittal of annual Performance/O&M reports beyond the first five years In evaluating future applications from the Grantee for grant funds. 16. Tariffs & Rates for Use of Grant -Funded Assets Rates for power provided as a result of generation or transmission facilities built with grant funds may be subject to review and approval by the Regulatory Commission of Alaska (RCA), or if the rates are not subject to RCA review and approval, they may be subject to review and approval by the Authority to ensure reasonable and appropriate public benefit from the ownership and operation of the Project. As a condition of the grant, Independent Power Producers will agree to sell energy resources for electricity and heat at a cost -based rate for the economic life of the project. The Authority will hire an independent economist to provide guidance in developing a cost -based rate for electric sales with an appropriate rate of return on equity. The allowable cost -based rate represents the highest rate that the Independent Power Producer will be allowed to charge. Because the cost -based rates are a grant condition, avoided costs rates or Public Utility Regulations Policies Act (PURPA) rates will not apply for projects which obtain grant funding. Application for a Certification of Public Convenience and Necessity (CPCN) is- also a grant condition, RCA action elated to the issuance of the CPCN must be completed prior to the issuance of any construction grant funding. 17. Grant -funded Assets Not Included with PCE The Grantee agrees that it will not include the value of facilities, equipment, services, or other benefits received under this grant as expenses under the Power Cost Equalization Program or as expenses on which wholesale or retail rates or any other energy tariffs are based. Page 15 of 26 aces Seward Power Plant Integration Grant Award # 7910011 Appendix C Grantee Prop.osallftope of work Electric Power Systems, Inc. of Anchorage, Alaska ("EPS") was contracted by the City of Seward (City) to assist in the development of a Conceptual Design Report ("CDR") to identify issues and costs associated with the upgrade of the diesel power plant at the City's Fort Raymond Substation. This grant will fund work to bring the entire generation plant to reliable operation. The work will build incorporate the recent (2010) installation. of two newly refurbished EMD diesel generators, associated switchgear, controls and auxiliary equipment and new generation building. Included in the work is necessary systems integration work on switch gear and SCADA connections to implement the planned operation of the power plant within Chugach Electric Dispatch protocols. The Fort Raymond plant is sized to serve City's electric service area in the event of a loss of power from the City's electric power supplier Chugach Electric Association (CEA). The City's power plant is presently designed as an emergency standby plant for the loss of the CEA intertie. This grant will fund selected upgrades of switchgear and power plant controls. This will be the initial phase for fully integrating the power plant into the Raiibelt generation and transmission system. A cost estimate to fully integrate will be prepared as part of this grant. The City has no building resources for the electric systems management, operation and maintenance personnel or for the storage of vehicles, materials and equipment. An electric warehouse is planned to be constructed on City land adjacent to the Fort Raymond Substation, Milestone 1 — Pre -design and design activities The City of Seward will provide for design services and complete a complete design package for the planned upgrade project, with detailed project cost estimate, that includes all project management, quality control, and systems integration costs, Submittal 1: A concept design report will be required, that includes a 35% project cost estimate, and the finance plan the City of Seward plans to employ to complete the project and commission it for operation. Submittal 2: A complete project design package, with project cost estimate and updated financing plan for the project that details all necessary funds will be available for construction, with a minimum 10 percent contingency. Milestone 2 — Construction The City of Seward will accomplish all necessary construction services, to complete the renovation, upgrade, switchgear, SCADA; and systems integration work. The City will coordinate closely with Chugach Electric staff to include periodic design reviews, to include joint review of switchgear procurement, design and systems integration. Specific systems integration meetings will be requested by the project manager and the AEA project manager will be notified of these times for possible attendance. Page 16 of 26 WO In Seward Power Plant Integration Grant Award # 7910011 Sta Reimbursable Tasks Budget ►t Dat End Date Milestones a deliverables 1: Pre -design, Design Au Conceptual Design $ 25,000 9 Dec Conceptual Design Report 20 2011 Report 11 Ma Request Proposals, r Apr Winning proposal Proposal Evaluation 20 2012 12 Apr Jul Complete Design Design Phase 20 2012 Package including 12 finance plan 2., Construction Install 3 phase 69kV PT's & associated relaying, Protection (This install was begun in Jul Jun Components summer 2011). Install 41,250 20 2012 firmware & software 11 updates to existing reclosers Relocate Unit #4 and Remove arctic enclosures Se P May Unit #5 to New & relocate Unit's 4 & 5 to 1,329,000 20 2012 Generation Building new generation building. 11 SCADA control Ma y Oct Unit #3 and Unit #6 conversions to Unit #3 & 354,000 20 2012 6 12 Engineer, Procure & Install 2 story building. Building is scheduled to Jan Warehouse include 7000sf of warehouse space on first 1.400.000 13 Sep 2013 floor and 3500sf of adminlstorage on 2nd floor. Subtotal 3,149,25b 10% Engineering 314 925 Subtotal 3,4;84,175 . 20% Contingency 692.8a5 Subtotai I .4,15 -10 . AEA Management 40 000* Total $ *The original appropriation equaled $ 4,000,000 however, the Authority wig retain $40,000 for administration of this gran! -funded project. Any unused amount will be granted to the City of Seward for the Project. Page 17 of 26 Seward Power Plant Integration Grant Award # 7910011 Appendix D Project Management & Reporting Requirements 1. Project Management The Grantee will notify the Authority immediately of any significant organizational changes during the term of the grant, including changes in key personnel or tax status, any unforeseen problem or project delay that may cause a change to the work plan or budget or that may otherwise affect the Grantee's ability to perform its commitments under this Grant Agreement. Any unreported or unapproved changes to the work plan or budget evident in reports may result in an amendment being required, costs disallowed, suspension or termination of the grant as described in Appendix A. 2. Contact Persons For the Grantee For The Authority Grant Manager Grant Manager Vernon Willet Jr, Shawn Calfa, Grants Administrator P.O. Box 167 813 W. Northern Lights Blvd. Seward, AK 99664 Anchorage, Alaska 99503 vwillet(acitvofseward.net scalfaO)a idea. oro 907-224-4065 907-771-3031 Project Manager Project Manager Vernon Willet Jr. Kirk H. Warren P.O. Box 167 813 W. Northern Lights Blvd. Seward, AK 99664 Anchorage, Alaska 99503 vwillet .cityofseward.net kwarren a4aidea.org 907-224-4065 907-771-3072 3. Monthly Progress and Financial Reports The Grantee will provide monthly status reports by email (or other method allowed by the Authority, if email is not available) to the Authority Project Manager. These reports are due starting the first full month after the execution of this Agreement. This report must update the Authority on the project's progress, regulatory and compliance issues, possible delays, and grant expenditures during the month. These Monthly Progress Reports must summarize, In one or two pages, the progress made on grant tasks during the month and identify any difficulties in completing tasks or meeting goals or deadlines. The Grantee must also include with the report copies of any work products due to the Authority during this period. Reports are considered late five 5 days after the due date. No further payments will be made without submission and approval of required reports. Work completed after the twenty -day period when required reports have not been submitted is at the Grantee's risk, and costs incurred may be disallowed. Repeated failure to submit reports in a timely manner could result in suspension or termination of the grant. Page 18 of 26 9 9 Seward Power Plant Integration Grant Award # 7910011 All reports and deliverables required in this agreement must have been submitted and approved by the Authority prior to the final payment being released. 4. Documentation and Record Keeping The Grantee shall maintain the following in their files: a Grant application, G Grant agreement and any amendments, 9 All written correspondence or copies of emails relating to the Grant, 9 Reports, including any consultant work products, • A separate accounting of grant Income and expenditures, G Supporting documentation for the expenditures charged to the grant (including supporting documentation for all required matching contributions). The Authority and any authorized federal representative may inspect, in the manner and at any reasonable time either considers appropriate, the Grantee's facilities, records, and activities funded by this Grant Agreement. Appendix E Project Budget & Reiimbursement Provisions f. Allowable Costs Allowable costs under this grant include all reasonable and ordinary costs for direct labor & benefits, travel, equipment, supplies, contractual services, construction services, and other direct costs identified and approved in the Project budget that are necessary for and incurred as a direct result of the Project and consistent with the requirements noted in Appendix S 3 Eligible Costs. A cost is reasonable and ordinary if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs. Allowable costs are only those costs that are directly related to activities authorized by the Grant Agreement and necessary for the Project. The categories of costs and additional limits or restrictions are listed below: a. Direct Labor & Benefits Include salaries, wages, and employee benefits of the Grantee's employees for that portion of those costs attributable to the time actually devoted by each employee to, and necessary for the Project, Direct labor costs do not include bonuses, stock options, other payments above base compensation and employee benefits, severance payments or other termination allowances paid to the Grantee's employees. b. Travel, Meals, or Per Diem Include reasonable travel expenses necessary for the Project. These include necessary transportation and meal expenses or per diem of Grantee employees for which expenses the employees are reimbursed under the Grantee's standard written operating practice for travel and per diem or the current State of Alaska Administrative Manual for employee travel. Page 19 026 Seward Power Plant Integration Grant Award # 7910011 c. Equipment Include costs of acquiring, transporting, leasing, installing, operating, and maintaining equipment necessary for the Project, including sales and use taxes. Subject to prior approval by the Authority Project Manager, costs or expenses necessary to repair or replace equipment damage or losses incurred in performance of work under the grant may be allowed. However, damage or losses that result from the Grantee's employees, officer's, or contractor's gross negligence, willful misconduct, or criminal conduct will not be allowed. d. Supplies Include costs of material, office expenses, communications, computers, and supplies purchased or leased by the Grantee necessary for the Project. e. Contractual services Include the Grantee's cost of contract services necessary for the Project. Services may include costs of contract feasibility studies, project management services, engineering and design, environmental studies, field studies, and surveys for the project as well as costs incurred to comply with ecological, environmental, and health and safety laws. f. Construction Services For construction projects this includes the Grantee's cost for construction contracts, labor, equipment, materials, insurance, bonding, and transportation necessary for the Project. Work performed by the Grantee's employees during construction may be budgeted under direct labor and benefits. Contracted project management or engineering may be budgeted under contractual services and major equipment purchases made by the Grantee may be budgeted under equipment. g. Other Direct Costs In addition to the above the following expenses necessary for the Project may be allowed. • Net insurance premiums paid for insurance required for the grant Project; o Costs of permits and licenses for the grant Project; ® Non -litigation legal costs for the Project directly relating to the activities; in this paragraph, "non -litigation legal costs" includes expenses for the Grantee's legal staff and outside legal counsel performing non -litigation legal services; • Office lease/rental payments; • Other direct costs for the Project directly relating to the activities and identified in the grant documents; and/or ® Land or other real property or reasonable and ordinary costs related to interests in land including easements, right-of-ways, or other defined interests. Page 20 of 26 DJO M Seward Power Plant Integration Grant Award # 7910011 2. Specific Expenditures not allowed Ineligible expenditures include costs for overhead, lobbying, entertainment , alcohol, litigation, payments for civil or criminal restitution, judgments, interest on judgments, penalties, fines, costs not necessary for and directly related to the grant Project, or any costs incurred before the beginning date of the grant as indicated on the signature page. Overhead costs described in this section include: salaries, wages, applicable employee benefits, and business -related expenses of the Grantee's employees performing functions not directly related to the grant Project; • office and other expenses not directly related to the grant Project; and costs and expenses of administration, accounting, human resources, training, property and income taxes, entertainment, self-insurance, and warehousing. 3, Match The Grantee is required to provide $ 2,494,102 in match for this Project. 4, Cost Share Match Requirements Cost sharing or matching is that portion of the Project costs not borne by the Authority. The Authority will accept all contributions, including cash and In -kind, as part of the Grantees' cost sharing or matching when such contributions meet the following criteria: Are provided for in the Project budget; • Are verifiable from the Grantee's records; • Are not included as contributions for another state or federally assisted project or program; (The same funds cannot be counted as match for more than one program.) • Are necessary and reasonable for proper and efficient accomplishment of the Project or program objectives; • Are allowable costs; • Are not paid by the State or federal government under another award, except for authorized by the State or federal statute to be used for cost sharing or matching; Must be incurred within the grant eligible time period. 5. Valuing In -Kind Support as Match If the Grantee chooses to use in -kind support as part of or its entire match, the values of those contributions must be approved by the Authority at the time the budget is approved. The values will be determined as follows; The value of real property will be the current fair market value as determined by an independent third party or a valuation that is mutually agreed to by the Authority and the Grantee and approved in the grant budget. • The value assessed to Grantee equipment or supplies will not exceed the fair market value of the equipment or supplies at the time the grant is approved or amended. Page 21 of26 a \ Seward Power Plant Integration Grant Award # 7910011 o Equipment usage will be valued based on approved usage rates that are determined in accordance with the usual accounting policies of the recipient or the rates for equipment that would be charged if procured through a competitive process. Rates paid will not exceed the fair market value of the equipment if purchased. Rates for donated personal services will be based on rates paid for similar work and skill level in the recipient's organization. If the required skills are not found in the recipient organization, rates will be based on rates paid for similar work in the labor market. Fringe benefits that are reasonable, allowable, and allocable may be included in the valuation. Transportation and lodging provided by the Grantee for non -local labor will not exceed the commercial rates that may be available within the community or region. 6. Grant Disbursements The Grantee must request disbursement of grant funds in the form and format required by the Authority with appropriate back-up documentation and certifications. (See Attachment 1) Reimbursements are made for actual costs incurred and must be for approved milestones. The back-up documentation must demonstrate the total costs incurred are allowable, and reflect the amount being billed. Documentation must include: A ledger summarizing cost being billed o A summary of direct labor costs supported by timesheets or other valid time record to document proof of payment Travel and per diem reimbursement documentation Contractor or vendor pay requests v invoices • Detailed ledger of costs being charged to this grant Payment of grant funds will be subject to the Grantee complying with its matching contribution requirements of the Grant. Payment of grant funds will be made by the Authority to the Grantee within 30 days from receipt of a properly completed, supported, and certified Reimbursement Request (See Attachment 1). 7. Withholding of Grant Funds If, upon review of the monthly billings, the Authority discovers errors or omissions in the billings it will notify the Grantee within thirty (30) days of receipt of the billing. Payment for the portion of billings for which there is an error or omission may be withheld pending clarification by Grantee. Grant funds may be withheld for the following reasons: • The Grantee fails to provide adequate back-up documentation. • The Authority determines that a specific expense is not allowed under the grant. The Grantee's matching contribution requirements are not met. Up to 10yg of the Authority's contribution of grant funds may be retained by the Authority until the Project is completed and all required final documentation and reports are received and accepted by the Authority. Page 22 of 26 ' a La, Seward Power Plant integration Grant Award # 7910011 8. Advance Disbursements In most instances, payments to a Grantee will be made on a cost reimbursable basis. If the Authority determines that cost reimbursement will significantly inhibit the Grantee's ability to perform the Project and determines that an advance is in the public interest, the Authority may recommend an advance to the Grantee of an amount not to exceed a projected thirty (30) day cash need, or twenty percent (20%) of the grant amount, whichever amount is less. Before the Authority will issue an advance, the Grantee must provide in writing, and the Authority must approve a "Request for Advance Payment" form which includes: a. justification of the need for the advance, b. documentation of anticipated line item costs associated with the advance. Ail advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned payments during the terms of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Authority when requested to do so by the Authority, or at termination of the Grant Agreement. 9. Unexpended Grant Funds and Interest Earned Any grant funds not expended under this agreement and any interest accruing on the grant funds belong to the Authority and shall be returned to the Authority. 10, Budget Adjustments and Changes When a Grantee faces increased unbudgeted costs, the grantee should contact the Authority Project Manager. Budget adjustments cannot increase the grant award amount. Cost overruns that may require reduced scope of work will require Authority approval and an amendment to the grant. If a budget adjustment or other changes Indicate to the Authority Project Manager that the project cannot be completed as currently planned and budgeted for, the Authority Project Manager will not approve the release of additional grant funds until the grantee provides sufficient information on how the grantee intends to complete the revised project. Budget Adiustrrlents The Grantee shall identify budget changes on its Financial Reports submitted to the Authority. At least quarterly, the Authority will compare actual costs to budgeted distributions based on the Financial Report/Request for Reimbursement form. Costs charged to grant funds must reflect adjustments made as a result of the activity actually performed. The budget estimates or other distribution percentages must be revised at least quarterly, if necessary, to reflect changed circumstances. Page 23 of 26 a \3 Seward Power Plant Integration Grant Award # 7910011 Attachment 1 Financial Report/Request for Reimbursement Form THIS REQUEST IS FOR FINAL PAYMENT[-] Grantee: City of Seward Period, to Project: Seward Power Plant Integration Grant Number; 7910011 BUDGET SUMMARY A a c D=S+c BOA-D TOTAL GRANT BUDGET PRIOR EXPENDITURES EXPENDITURES THIS PERIOD TOTAL EXPENDITURES GRANT BALANCE BY TASK OR MILESTONE Design $ 26,000 Protection Components 41,230 Unit#3 and Unit#8 364,000 Relocate unit#4 and Unit#5 1,329,000 Office Warehouse 1,400,000 10% Engineering 314,926 20% contingency 692,836 AEA administrative fee 40.000* TOTAL $ L2= BY btiRGET CAeTFG.ORIES Direct Laborand Benefits Travel Equipment Materials & Supplies Contractual Services Construction Services TOTAL BY FCJNb SOURCES Grant Funds $ 3,960,000 Grantee Match — Cash 110 TOTAL $ 4.19= The original appropriation equaled 5 4,0n0,000 however, the Authority will retain 440,000 for adminialratlon or this grant -funded project. Any unused amount will be granted to the City of Seward for the Project. FICATION Form requires two original signatures. The person certifying must be different from the person preparing the report. One signature should be the authorized representative of the Grantee organization or highest ranking officer; the other should be the person who prepared the report I certify to the best of my knowledge and belief that the information reported on both the Financial Report above and the attached Progress Report are correct. In addition, funds were spent and work performed in accordance with the grant agreement terms and conditions. Certified By: _ Printed Name: Prepared By: Printed Name: Title: Date: Title: Date: Page 24 of 26 a�� Seward Power Plant Integration Grant Award # 7910011 Attachment 2 Progress Report Form Grantee: City of Seward Project Name: Seward Power Plant Integration Grant # 7910011 Period of Report: I to Project Activities Completed: Existing or Potential Problems: Activities Targeted for Next Reporting Period: Prepared By: Printed Name: Date: Page 25 of 26 Seward Power Plant Integration Grant Award * 7910011 Attachment 3 Notice of Project Closeout NOTICE OF PROJECT CLOSEOUT ALASKA ENERGY AUTHORITY Project Name: Seward Power Plant Integration Grantee: City of Seward Grant Number: 7910011 The Alaska Energy Authority certifies and acknowledges that the Grant referenced above has been completed, and that all tasks have been satisfactorily carried out in accordance with the terms and conditions of Agreement Number: 7910011. Project Manager Date Alaska Energy Authority The City of Seward certifies that the Grant named above is complete in accordance with the terms and conditions of Alaska Energy Authority Agreement Number: 7910011. The City of Seward also certifies that, we have been reimbursed for all eligible expenses pertaining to 7910011, and that as of the date of signature, no further reimbursements will be requested for any activity related to the Grant identified above. Pursuant to Appendix 131 #15 'Performance/Operation and Maintenance (OW) Reporting', the grantee is required to provide detailed reports annually, for five years. Authorized Signature Printed Name Page 26 of 26 al6 Title Date Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A $138,500 INCREASE TO THE SNOW AND ICE DEPARTMENT BUDGET AND APPROPRIATING FUNDS WHEREAS, the low snowfall Seward has experienced in the last couple of years has allowed the snow and ice department to remain under budget at the end of the fiscal year; and WHEREAS, the snow and ice department having been consistently under budget indicated the need to reduce the budget from previous years; and WHEREAS, this year Seward has experienced a substantially higher than expected snowfall which resulted in a sharp increase in total expenditures; and WHEREAS, the snow and ice departments budget is depleted approximately 99%; and WHEREAS, staff anticipates the need for additional funding in the amount of $138,500 to cover lingering costs from the extreme weather and cover all anticipated snow removal expenses from October through December 2012. aw NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The amount of $57,500 is hereby appropriated from the general fund reserve account number 101-0000-3050 to the snow and ice department personnel budget, account number 101-1314-5020. Section 2. The amount of $27,000 is hereby appropriated from the general fund reserve account number 101-0000-3050 to the snow and ice department maintenance and repair budget account number 101-1314-5380. Section 3. The amount of $39,000 is hereby appropriated from the general fund reserve account number 101-0000-3050 to the snow and ice department operating supplies budget account number 101-1314-5440. Section 4. The amount of $15,000 is hereby appropriated from the general fund reserve account number 101-0000-3050 to the snow and ice department gas and lube budget, account number 101-1314-5450. CITY OF SEWARD, ALASKA RESOLUTION 2012-029 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14"' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: City Manager Jim Hunt From: W.C. Casey, Public Works Director Agenda Item: Increasing the Snow and lee Budget $138,500 and Appropriating Funds BACKGROUND & JUSTIFICATION: The low snowfall experienced in the last couple years has allowed the Public Works Department snow and ice fund to remain under budget at the end of the fiscal year. The recent financial data indicated the need to reduce the snow and ice budget because of the monies that remained at the end of the fiscal year. The aforementioned trend is quite misleading because much of the expenditures depend on the necessity of mitigating hazards caused by extreme weather. The cost overruns due to the higher than expected snowfall and a 24.8% decreased operating budget is requiring the Public Works Department to request that Council increase the Public Works 2012 budget. The snow and ice department was required to expend funds to purchase an abnormal amount of operating supplies such as salt, calcium, sand, grader blades, chains, etc. The department was also required to pay for more routine maintenance on all of the equipment because of the additional hours of operation and repair equipment more frequently than expected. Mitigating the heavy snowfall caused a sharp increase in overtime hours and resulted in higher fuel consumption. To date, the snow and ice budget is depleted approximately 99%. Based on the historical needs of the snow and ice department and the severity of the winter, staff anticipates the need for additional funding in the amount of $138,500 to cover lingering costs from the extreme weather and cover all anticipated snow and ice expenses from October through December 2012. INTENT: To date, this year represents a significant increase to total expenditures when compared with average costs, so the snow and ice department is requesting Council increase the budget and appropriate $138,500 to cover the current and future shortfalls. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other (list): X 2�A FISCAL NOTE: The largest shortfall in the snow and ice department budget is personnel costs associated with the crucial overtime required to mitigate winter hazards. To date, there is $56,198 in overtime costs which is 579% of that line item, $25,978 in maintenance and repair costs which is 87% of that line item, $26,556 in operating supplies costs which is 57% of that line item, and finally $4,143 in gas and lube costs which is 163% of that line item. The requested budget increase of $138,500 would be allocated to each line item proportionately based on the original line item budgets. The addition personnel costs will require the bulk of the appropriated funds. Approved by Finance Department:✓�,�%� ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2012- 02A increasing the Snow and Ice Budget $138,500 and appropriating funds to cover the current and future shortfalls 9 aao Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING TEEN AND YOUTH CENTER DAY CAMP FEE SUBSIDIES, AND REDUCING THE 2012/2013 TYC REVENUE BUDGET WHEREAS, the Seward City Code does not require Council approval of recreation fees, including the fees established for services at the Teen and Youth Center (TYC). However, during the 2012/2013 Budget process, the Council was informed that the administration would bring forward a resolution with a sliding fee scale for TYC fees, and this resolution accomplishes that purpose; and WHEREAS, the 2012/2013 Budget included an increase in fees associated with day camps from $65 to $100 (54% increase) per week for regular day camps, and from $100 to $150 (50% increase) per week for adventure camps, resulting in an increase to budgeted revenues of $16,000; and WHEREAS, in order to mitigate the impact of the day camp fee increase on low-income families, a 50% fee reduction was given to families qualifying for food stamps, with such fee reduction not being reflected in the 2012/2013 TYC budgeted revenues; and WHEREAS, some Council members requested additional subsidies be provided to families who may not qualify for food stamps but who might qualify for fee reductions based on eligibility for programs such as WIC, Public Assistance, Denali Kid Care and/or Free and Reduced Lunch, and this resolution serves that purpose; and WHEREAS, a sliding fee program approved by the City Council would result in the following day camp fees: 1) Tier I — Provide proof of food stamps eligibility to pay 50% of the posted day camp fee; 2) Tier II — Provide proof of eligibility for any of the following programs: WIC, Denali Kid Care, Free or Reduced Lunch, Public Assistance, to pay 75% of the posted day camp fee; 3) Tier III pay 100% of the posted day camp fee; and 4) Family Discount — First two children pay full price; Half price for each additional child (Tier I and Tier II are not eligible for family discount) for day camps; and WHEREAS, the estimated impact on the 2012/2013 budget is a loss of between $5,000 and $10,000 in TYC revenue, assuming no families drop participation in the TYC program based on the non -subsidized fee increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: CITY OF SEWARD, ALASKA RESOLUTION 2012-030 Section 1. The City Council directs the City Manager to adopt additional subsidies for TYC day camp programs as follows: 1) Tier I —Provide proof of food stamps eligibility to pay 50% of the posted day camp fee; 2) Tier II — Provide proof of eligibility for any of the following programs: WIC, Denali Kid Care, Free or Reduced Lunch, Public Assistance, to pay 75% of the posted day camp fee; 3) Tier III pay 100% of the posted day camp fee; and 4) Family Discount— First two children pay full price; Half price for each additional child (Tier I and Tier II are not eligible for family discount) for day camps. Section 2. TYC Program Revenues for 2012 and 2013 are hereby reduced by $10,000 in consideration of the increase in day camp fee subsidies. 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 14"' day of May, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk R Council Agenda Statement Meeting Date: May 14, 2012 Through: City Manager Jim Hunt From: Karin Sturdy, Parks & Recreation Department Director Agenda Item: Teen & Youth Center Day Camp Fees Review BACKGROUND & JUSTIFICATION: During the 2012/2013 budget process, the city council asked for a $50,000 reduction in the cost of parks and recreation. To meet that mandate, the administration came back with a combination of cuts to services, and increases in TYC fees. The daily and weekly day camp fees were significantly increased and approved in the final 2012/2013 Budget. The price for regular day camps was increased from $65 to $100 per week ($3 5 per week, or 54% rate increase), and for adventure camps from $100 to $150 per week ($50 per week, or 50% rate increase). During budget work sessions, some members of the city council asked that staff consider implementing a `sliding fee scale' for families who cannot afford, but need the services of Day Camps. Staff researched existing sliding -fee programs with the aim of minimizing the need for staff to review customer's financial data, as well as to protect customers from having to prove their financial qualification for reduced fees. What we discovered is that some existing programs consider qualifications other than low income. For example, regardless of income, some families can qualify for Denali Kid Care. Regardless of income, a foster family or family who subsistence fish, can qualify for the school `free- or reduced -lunch program'. Therefore, staff did not feel that the criteria of those programs matched the Council's goal of providing fee subsidies to families with low income. For that reason, staff elected to use one simple State of Alaska chart on low-income. We selected and advertised a simple, "yes/no" approach to qualifying for reduced fees, and asked families to check a box to indicate whether they qualify for food stamps. If yes, they would pay the lesser amount, approximately fifty percent of the regular fees. Once the higher fees were published (including fee discount for "Food Stamps Qualifiers"), families stated that the fees were too high for those who did not qualify for a subsidy. Council expressed concern that the administration failed to bring a sliding fee scale back to them for approval. This led to further Council discussion and a public, parent meeting held at TYC. At the public meeting, parent feedback included the following: 1) consider subsidy thresholds other than simply qualifying for "food stamps"; 2) consider family discounts for families with more than two children; and 3) review the costs of the Adventure Camp to determine whether it was detracting from the regular Day Camp program in staff and expenses. TYC conducted user surveys through paper and www.surveylnonkey.com and sought additional information from WIC, Denali Kid Care, Student Nutrition Services and Public Assistance. Because the City of Seward is one of very few cities seeking to offer discounts for families in need, little is available in the way of models from which to borrow. Of 33 surveys, 6 respondents stated that the price for days camps ($110/week) was too high; with the majority selecting "fair price" or �� "amazing value". For these reasons, the administration does not recommend implementing criteria other than food stamp qualification, in its reduction of TYC day camp fees. However, the administration would be agreeable to rolling back the fee increase to 2011 levels, if the Council desires. Alternatively, if the City Council prefers to utilize subsidy criteria in addition to Food Stamps, the attached resolution provides a sliding fee scale option. If approved, the TYC will implement the following fee structure for Regular Day Camps: Tier I — Provide proof of food stamps eligibility to pay 50% of the posted fee Tier II — Provide proof of eligibility for any of the following programs: WIC, Denali Kid Care, Free or Reduced Lunch, Public Assistance, to pay 75% of the posted fee Tier III — Pay 100% of the posted fee Family Discount — First two children pay full price; half-price for each additional child. Tier I and Tier II not eligible for family discount. The parks and recreation department is seeking to meet competing demands; to provide excellent quality service, without increasing the subsidy that the TYC currently receives from the taxpayers. At the same time, during the budget process the department was instructed to reduce the subsidy that the taxpayer provides to parks and recreation. To that end, the department increased TYC fees for summer day camp programs. To alleviate the financial hardship on low income families however, the department has concurrently implemented a reduced fee for families who qualify for food stamps. It is possible to provide additional subsidies for more families in the form of lower TYC fees, but that will come at the cost of higher subsidies from the taxpayers to the TYC program, which conflicts with the direction we were given to reduce subsidies and, we fear, lead to a further reduction of our program's services. The SPRD staff supports the fees which have been advertised, including the "food stamps" criteria to qualify for a reduction in TYC fees. Families with significant financial issues will find relief through the Food Stamps Card. Unfortunately, adding additional levels of `sliding fee' will add a layer of bureaucracy that will increase TYC expenses and reduce direct services. INTENT: Provide the City Council with additional "sliding fee" options, other than the current sole criteria of qualification for "food stamps", to subsidize additional families' TYC fees. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan: 2,2 Community Values. Recreation, page II "We 1 value diverse, year-round, indoor and outdoor recreational opportunities for residents and visitors of all ages and socioeconomic X back -grounds " Strategic Plan: Vision Statement: "healthy, vibrant community with a strong, diverse economy with quality business, educational and recreational opportunities" (reiterated pg 12) Pg 8: "promote winter activities," Pg 19: 2 Provide adequate funding for a financially sound city government. The City of X Seward is a fiscally responsible entity which utilizes creative and responsible funding alternatives. "Maintain and enhance medical and social services. "We are a community that provides an integrated array of health care services designed to protect and improve the quality of life for all citizens." gay 3. Other (list): Not listed in 1993 SPRD Master Plan X FISCAL NOTE: The 2012/2013 budget reflects an overall increase of $16,000 in TYC revenues based on an increase in summer camp fees. This does not assume however, any reduction in revenues that will occur if families decide that they cannot send their children to the TYC due to the higher fees. By implementing the 50% reduction in day camp fees for families qualifying for food stamps, we can expect a reduction in TYC revenues, but the magnitude of that reduction is uncertain. Assuming that 30% of the children attending the TYC day camps will qualify for the reduction, the loss in revenue is expected to be a minimum of $5,000. If a sliding fee scale is implemented that provides subsidies for additional families beyond those who would qualify based on food stamps criteria, the further loss in revenues is unknown, but likely would not exceed an additional $5,000. Approved by Finance Department:, &.tz -ite t,.Q ATTORNEY REVIEW: Yes No X RECOMMENDATION: The administration does not support Resolution 2012-M' which would implement a sliding fee scale to expand TYC fee subsidies to families other than those qualifying for food stamps. D,A�; TEEN & YOUTH CENTER COST OF REGULAR DAY CAMP AND ADVENTURE CAMP At published 2012 rates Total Program cost: $98,299.25 Avg. Daily Census = 45 (10 hr/day; 5 days/wk; 12 weeks) Total Program cost: $28,234.70 Daily Census = 12 (10 hr/day; 5 days/wk; 12 weeks) Regular Day Camp Program Low -Income Cost/hr. Rate Subsidy per child per hour per hour Rate per hour ular Rate Subsidy per hour $ 3.64 $ 1.40 $ 2.24 1 $ 2.20 $ 1.44 Adventure Camp Program Low -Income Cost/hr. Rate Subsidy per child per hour per hour $ 3.92 n/a Rate per hour ular Rate Subsidy per hour $ 3.00 $ 0.92 IR Page 1 of 2 Food Stamp Benefits The Alaska Food Stamp Program provides food benefits to low-income households. The federal government funds 100% of the Food Stamp benefit. The State pays half the costs of operating the Food Stamp Program in Alaska. The Division of Public Assistance issues Food Stamp benefits via the Alaska Quest card. The amount a household receives each month depends on the household's countable income and size of the household. Eligible households use the Food Stamp benefits to buy food products from authorized stores statewide. Find out if you're eligible for Food Stamp Benefits Try our Food Stamp Benefits Eligibility Calculator! Alaska Quest Card - Check Account Download Food Stamp Application Food Stamp information in other languages Food Stamp Program Brochure - Make America Stronger! Eligible applicants must pass income and assets tests. The gross monthly income test is based on 130% of the current Alaska poverty standard. Alaska has special rules that allow for higher Food Stamp benefits in rural areas, and the use of benefits to purchase certain hunting and fishing subsistence supplies. REQUIREMENTS FOR ELIGIBILITY Residency. Applicants must be living in the State of Alaska to receive Food Stamp benefits from Alaska. Age and Relationship. There are no specific age limits to receive Food Stamp benefits. Parents and their children 21 years old or younger living together are considered one household. Minors who apply on their own must be living without their parents. Individuals living together and who purchase and prepare food together are treated as one household. Citizenship and Social Security Numbers. An applicant must be a U.S citizen, a U.S. National, or a qualified alien to get Food Stamp benefits. Some legal immigrants are ineligible for Food Stamp benefits; however, dependents of an ineligible immigrant are often eligible. All household members must have a social security number or proof of having applied for one. Work. To receive Food Stamp benefits, most able-bodied people between 16 and 59 years old must register for work, participate in the Employment & Training Program if offered, accept offers of employment, and cannot quit a job. Other Factors. Strikers must be resource and income eligible before the day of the strike. Most college students must be working half time, enrolled in work-study, caring for young dependents, or receiving Temporary Assistance. Felons convicted of drug -related offenses are not eligible for Food Stamp benefits. Individuals disqualified for fraud are ineligible for one year for the first offense, two years for the second offense, and permanently for the third. Dependents of disqualified or ineligible individuals may be eligible. Resource Test. The asset limit is $2,000 for most households and $3,000 for households containing a member who is disabled or 60 years or older. Assets not counted are the home and its lot, household goods, income producing property, real estate that is up for sale, cash value of life insurance, individual retirement accounts, college savings plans, personal property, and vehicles with equity value under $1,500. Other vehicles not counted are those used for family transportation, to go to and from work, to produce income, for subsistence hunting and fishing, as the household's home, to transport a disabled household member, and to carry the household's primary source of heating fuel or water. Countable assets include cash on hand, money in checking/savings accounts, certificates of deposit, stocks, bonds, property not up for sale, and lump -sum payments. Special rules apply to Alaska Permanent Fund Dividends. Income Test. The Food Stamp Program does not count scholarships, grants and loans used for tuition and fees, reimbursements, Native dividends, heating assistance, earnings of children under age 18 who are in school, and loans. http://hss.state.ak.us/dpa/programs/fstamps/ aa� 5/6/2012 otam ui tviasxa I rooa aiamps Page 2 of 2 Countable income includes wages, self-employment, public assistance benefits, unemployment benefits, worker's compensation, child support, pensions, social security, SSI, and Senior Benefits payments. Special rules apply to Alaska Permanent Fund Dividends. Deductions. Food Stamp Program rules allow income deductions, including a 20% deduction on earnings, a standard deduction of $243 given to households with one to five members and $256 to households with six or more members, a deduction for dependent care costs, medical expenses over $35 for elderly or disabled household members, and a shelter/utility deduction not to exceed $732 for most households. There is no limit on shelter/utility deductions for households that contain an elderly or disabled individual MONTHLY GROSS/NET INCOME LIMITS (Effective 10/1111 through 9/30/12) Household Size Gross Income Net Limit 1 $1474 $1134 2 $1992 $1532 3 $2509 $1930 4 $3027 $2329 5 $3545 $2727 6 $4063 $3125 7 $4581 $3524 8 $5099 $3922 Each additional +$518 +$399 Benefits Benefit amounts depend on a household's size, net income, and location of residence. Generally, the larger the household or the lower the net income the higher the Food Stamp benefit. Also, Food Stamp Program rules allow households in some rural areas to receive a higher benefit. MAXIMUM MONTHLY FOOD STAMP BENEFIT (Effective 10/1/11 through 9/30/12) Household Size Urban Rural I Rural II 1 $239 $304 $371 2 $438 $559 $680 3 $627 $800 $974 4 $797 $1016 $1237 5 $946 $1207 $1469 6 $1135 $1448 $1762 7 $1255 $1600 $1948 8 $1434 $1829 $2226 Each additional $+179 $+229 $+278 http://hss.state.ak.us/dpa/programs/fstamps/ �� 5/6/2012 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE PURCHASE OF ONE PUMPER FIRE APPARATUS FROM SPENCER MANUFACTURING INC. IN THE AMOUNT OF $406,167.00 AND FROM PROCOMM ALASKA ONE MOTOROLA MOBILE RADIO AND ADAPTER IN THE AMOUNT OF $4,246.00 SUBJECT TO OBTAINING FINANCING AND APPROPRIATING THESE FUNDS FROM THE MOTOR POOL INTERNAL SERVICE FUND WHEREAS, the Seward Fire Department responds to a variety of emergencies in the community; and WHEREAS, the current apparatus (Engine 4) being used for emergency response, is over thirty years old; and WHEREAS, the city mechanics have stated this vehicle is no longer economically feasible to maintain; and WHEREAS, emergency vehicles need to meet a national standard to respond to fire, rescue and other duties that the current vehicle can not meet; and WHEREAS, it is more cost effective for the City of Seward to purchase the communication equipment for the vehicle than the manufacturer; and WHEREAS, the Seward Fire Department has sufficient funds in the Motor Pool Retained Earnings fund to purchase said vehicle, as it was budgeted for FY 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Competitive procurement procedures for the purchase of the vehicle described above have followed the procedures outlined in the purchasing code 6.10. Article 3. Section 2. Three responses were received, but only one actual Bid Proposal was received from emergency vehicle dealers specializing in this type vehicle; providing specifications and price quotes for the vehicle. Section 3. Spencer Manufacturing Inc. provided the best value while meeting the specifications of the Fire Department, for current and anticipated future needs and staying within our budget. Section 4. The City Manager is hereby authorized to sign a contract to purchase from �a� CITY OF SEWARD, ALASKA RESOLUTION 2012-031 Spencer Manufacturing Inc. one Pumper Fire Apparatus as specified in the RFP documents and appropriate an amount not to exceed $406,167.00. Section 5. The City Manager is authorized to approve the purchase of a Motorola XTL 2500 mobile radio and adapter cable for the installed intercom system from ProComm Alaska in the amount of $4,246.00. Section 6. The total amount for the vehicle and radio equipment shall come from the Motor Pool Internal Service Fund 102-1020-5930. Section 7. This authorization is subject to obtaining approved financing. Section 8. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14"' day of May, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) a10 THE CITY OF SEWARD, ALASKA David Seaward, Mayor R FIA Agenda Statement Meeting Date: May 14, 2012 To: City Council Through: James Hunt, City Manager From: David Squires, Fire Chief Agenda Item: Purchase of a Pumper Fire Apparatus (2012 project) BACKGROUND & JUSTIFICATION: Council authorized the purchase of a Pumper Fire Apparatus in the 2012 Motor Pool budget in an amount not to exceed $450,000. The vehicle being replaced is the 1982 Ward Pumper that no longer meets the national standard on fire apparatus and is in poor body condition. The new apparatus will allow the fire department to provide a better level of service and will become a primary response vehicle for mutual aid calls. The Fire Department requested to use the RFP process on February Bch and the City Council was informed of this on March 12, 2012. The request for proposals was advertised in the Anchorage Daily News on March 261h & April I". All proposals were required to be submitted to the City Clerk by 5 pm on April 19, 2012. All proposals received were opened on April 20, 2012. Three responses were submitted, however only one submitted a proposal. The proposal came from Spencer Manufacturing Inc. ("Spencer Mfg.") of South Haven, Michigan. The proposal price is $398,413.00 without options. Spencer Mfg. was awarded the contract for the pumper and rescue vehicles in 2009. The City has had a positive working relationship with this company. Fire Department staff requests consideration of an additional $12,000 for options that will increase the safety and life of the vehicle. The vendors were requested to separate out options that could be considered if our budget allowed it. Also we need to install a Motorola radio in the vehicle; this is in the specifications however it is more cost effective for the City to purchase the radio than the manufacturer. The radio would be purchased from ProComm Alaska for a total of $4,246. This will bring the total cost of the vehicle to $410,413 which is less than the budget. INTENT: Intent is to purchase a new Pumper Fire Apparatus with specialized equipment and additionally purchase a mobile radio from Motorola through ProComm Alaska. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): x 2. Strategic Plan (document source here): x 3. Other (list): John Bird Study For vehicle replacement schedule x 4. 2012 2013 Budget x aq\ FISCAL NOTE: The Fire Department contributes to the Motor Pool Fund to pay for replacement of emergency equipment. The finance department will issue a Request for Proposals to obtain financing for this new fire truck. At an estimated interest rate of 4.0% or less, annual payments for this apparatus are estimated at $65,749 over seven years, at an estimated interest cost of $49,829. Alternatively, the City Council may prefer to pay for the apparatus outright, without financing, to save interest costs. The current cash balance in the Motor Pool Fund at May 7, 2012 is $825,000; the 2012 Budget anticipates a balance at 12/31/2012 of $1.18 Million (assumes the apparatus is financed rather than purchased outright). Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2012 - 631 Approving the award and authorizing the City Manager to sign a contract for the purchase one Pumper Fire Apparatus from Spencer Manufacturing Inc. of South Haven, Michigan; subject to obtaining financing, in an amount not to exceed $406,167 and from ProComm Alaska one Motorola XTL 2500 mobile radio with interface cable, in the amount of $4,246 and appropriating the total amount of $410,413 from the Motor Pool Internal Service Fund. a�� 2012 Fire Apparatus from Spencer Manufacturing 05/07/2012 2:49:19 PM Page 1 Compound Period ......... Annual Nominal Annual Rate .... 4.000 % CASH FLOW DATA Event Date 1 Loan 08/01/2012 2 Payment 08/01/2012 * SI-VMPL,�- ONLY * Amount Number Period End Date 410,413.00 1 65,748.80 7 Annual 08/01/2018 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 08/01/2012 410,413.00 1 08/01/2012 65,748.80 0.00 65,748.80 344,664.20 2012 Totals 65,748.80 0.00 65,748.80 2 08/01/2013 65,748.80 13,786.57 51,962.23 292,701.97 2013 Totals 65,748.80 13,786.57 51,962.23 3 08/01/2014 65,748.80 11,708.08 54,040.72 238,661.25 2014 Totals 65,748.80 11,708.08 54,040.72 4 08/01/2015 *,04r2015 Totals 65,748.80 9,546.45 56,202.35 182,458.90 65,748.80 9,546.45 56,202.35 5 08/01/2016 65,748.80 7,298.36 58,450.44 124,008.46 2016 Totals 65,748.80 7,298.36 58,450.44 6 08/01/2017 65,748.80 4,960.34 60,788.46 63,220.00 2017 Totals 65,748.80 4,960.34 60,788.46 7 08/01/2018 65,748.80 2,528.80 63,220.00 0.00 2018 Totals 65,748.80 2,528.80 63,220.00 Grand Totals 460,241.60 (�,828.6D 410,413.00 M D3-s Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfgine.com 165 Veterans Blvd. -a South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 Proposal City of Seward Seward, AK Spencer Fire Apparatus We hereby propose to furnish you, subject to proper execution of a signed contract by you, with acknowledgement by this company, the following apparatus and equipment to be built in accordance with the following proposal: One (1) Spencer Apparatus for a total cost of: $398,413.00 This proposal will expire in 90 days. This expiration date may be extended in writing by the discretion of the company. Spencer Manufacturing, Inc. Grant Spencer Apparatus Sales 0-0005 1 al'A 04/17/12 Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfginc.com 165 Veterans Blvd. a South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 PAYMENT TERMS City of Seward Spencer Apparatus Payment of Apparatus shall be as follows: Progress -payment Amount: A pre -payment shall be paid at chassis delivery date to Spencer Manufacturing, Inc. Pre -Payment Amount: $170,000.00 Remaining balance shall be paid at time of Final Delivery and Acceptance of the Apparatus Remaining Balance: $228,413.00 Apparatus Total: $398,413.00 Spencer Manufacturing, Inc. Grant Spencer Spencer Direct Sales 0-0005 04/17/12 2 Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfginc.com 165 Veterans Blvd. • South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 City of Seward PO Box 167 Seward, AK 99664 Attention: James Hunt Ref: Attached bid for Spencer Apparatus Following is the CONTRACT for one (1) Spencer Apparatus. This has been prepared in reference to the original PROPOSAL. Please read carefully, complete, sign and return the signed copy to us along with State and Federal Tax Exemption certificates, if applicable. A countersigned copy will be returned to you promptly. If you have any questions feel free to call. Sincerely, Grant Spencer Spencer Direct Sales Attachments 0-0005 3 a--16 04/17/12 �4W 0-0005 Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfgine.com 165 Veterans Blvd. • South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 City of Seward CONTRACT PAGE i OF 2 THIS AGREEMENT is made between SPENCER MANUFACTURING INC., 165 Veterans Blvd., South Haven, MI 49090 ("COMPANY") and the City of Seward, Alaska. (1) THE COMPANY agrees to sell and the BUYER agrees to purchase one (1) Spencer Apparatus as described in the COMPANY'S Proposal, all in accordance with the terms and conditions of the Agreement. (2) The finished apparatus shall be delivered from our factory and delivered by factory personnel to the authorized representative of Spencer Mfg., Inc. (3) BUYER AGREES to pay a CONTRACT PRICE for one (1) Spencer Apparatus. CONTRACT PRICE: PROGRESS -PAYMENT AT $170,000.00 CHASSIS DELIVERY Balance Due on Delivery and Acceptance $228,413.00 NOTE - Other changes or equipment additions will be invoiced OR credited separately upon completion and delivery. Unless otherwise specified, the Purchase Price is exclusive of all Federal, State, and Local Taxes of any nature. BUYER AGREES that the terms of final payment, unless otherwise specified, shall be cash due upon delivery (COD) and acceptance, South Haven, Michigan 49090 04/17/12 Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfginc.com 165 Veterans Blvd. • South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 City of Seward PAGE 2OF2 (4) THIS AGREEMENT, including its attachments and exhibits, constitutes the entire understanding between the parties relating to the subject matter contained herein, and merges all prior discussions and agreements. NO agent or representative of the company has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of the agreement, including its attachments and exhibits, must be in writing, signed by an authorized representative of each of the parties hereto. IN WITNESS WHEREOF, the Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each. BUYER: City of Seward PO Box 167 Seward, AK L-YA PRINT SIGN TITLE: DATE: COMPANY: SPENCER MANUFACTURING INC. BY: Brian Spencer PRINT SIGN TITLE: President DATE: 0-0005 5 04/17/12 Spencer Manufacturing SPENCER manufacturing, inc. CUSTOM FIRE APPARATUS www.spencermfgine.com 165 Veterans Blvd. • South Haven, MI 49090 (269) 637-8721 Fax (269) 639-1697 FEDERAL EXCISE TAX EXEMPTION CERTIFICATE Seward Fire Department The undersigned hereby certified that he/she is ( ) of the City of Seward and that he/she is authorized to execute this certificate and that the article or articles specified in the accompanying order are purchased from SPENCER MANUFACTURING INC. for the exclusive use of: City of Seward It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to the States, Territories of the United States, etc., is limited to the sale of articles purchased for their EXCLUSIVE USE, and it is agreed that if articles purchased tax-free under this exemption certificate are used otherwise or sold to employees or others, such fact will be reported and tax paid by them to the District Director of Internal Revenue for the district in which the sale was made. Our Sales Tax Exemption Number is: FOR: City of Seward (Vehicle Owner) BY: PRINT TITLE: DATE: 0-0005 (Authorized agent of vehicle owner) SIGN M 04/17/12 r jpF Se 4<.ASI�P Memo To: Honorable Mayor & Council members Through: Jim Hunt, City Manager 4 From: David Squires, Fire Chief Date: May 14, 2012 Re: Options for the proposed fire apparatus In my agenda statement concerning the award of contact with Spencer Manufacturing Inc.; I requested $12,000 to be added to the project to purchase options that we requested or the manufacturer suggested. In our specification document for the vehicle we intentionally put in options that could be purchased if our budget would allow for them. These options ranged from items that increase operational safety and increased the life of the vehicle to, needed equipment that might be purchased from our operating budget. Having the manufacturer install and sometimes purchase the items is more economical and far easier than retrofitting the vehicle after we obtain it. I have listed the options for you and the justification for each item. 1. Rear heater with controls in the cab. Cost $1500.00 — The vehicle chassis proposed by the manufacturer, is the same chassis model we currently have (Engine 2). When we purchased this vehicle we did not know what operational problems we would encounter. After going through two winters we have found the front heater does not provide enough heat to the rear of the cab for those passengers. 2. Purchase a Motorola XTL 2500 mobile radio with interconnection cable to installed intercom. Cost $4246.00 — The cost of the mobile can vary state to state as well vendor to vendor. We are able to use a "group purchasing" system with two other states through ProComm Alaska. This gives us the ability to purchase the radio at a � ,�b lower cost than what the vendor can get it at. We did this same process with the last vehicle purchases. 3. Fog lights mounted under the front bumper and wired to a designated switch in the cab. Cost $222.00 — The vehicle has to operate in all types of road conditions. The fog lights are a safety item we have added to most of our vehicles and the cost of the City doing it so far exceeds the quoted price. 4. Engine tunnel console for storage of prefire plans, response books, etc. Cost $346.00 — In the standard for manufacturing fire apparatus (NFPA Standard 1901) any equipment stored in the passenger area (cab) must be secured and with stand a 9 g impact. We have priced this item with local vendors for our existing vehicles and it is higher than what the manufacturer has quoted us. Also having the manufacturer install the console during construction of the vehicle we are assured that the unit is secured properly and will meet the 9 g requirement. 5. Turtle tile matting for compartments. Cost $ 798.00 — On our last vehicle purchase we brought this protective tile mat to shield the compartment "floor" or trays from dents, scratches, etc. This has proven it worth in protecting the compartment, the stored equipment and keeping the compartments cleaner. Also we had substantial difficultly in fitting the material in the compartments without buying extra parts. The manufacturer orders this material in bulk and has the ability to fit the compartment to its exact size. 6. Install two 110 electrical boxes with duplex outlets in the cab connected to shore power. Cost $ 380.00 — The electrical outlet boxes are used for equipment that has rechargeable batteries. We have installed these outlets after obtaining the vehicle which requires us to disassemble the cab to run the wiring and secure the boxes. The time and material we have spent on doing this addition far exceeds the quoted price from the manufacturer. 7. Install two 110 electrical boxes with marked duplex outlets in the cab connected to the vehicle's generator. Cost $380.00 — We currently only have 1 vehicle that has this capability which poses a logistical problem for us. Having the new vehicle with the ability to supply power to equipment no matter where it is, benefits us greatly. 8. Supply and install three 2 place LDH holder with 2 LDH spanners. Cost $288.00 — These tools are required to connect/disconnect the large diameter hose (LDH) we use. We have a shortage of these tools in the department and having the manufacturer supply and install them on the vehicle in more economical. 9. Supply and install three 3 place wrench holder with a hydrant wrench and two spanner wrenches. Cost $393.00 — These tools are required to open fire hydrants, connect/disconnect fire hose that is used in the Department. We have a shortage of these tools in the department and having the manufacturer supply and install them on the vehicle in more economical. • Page 2 a�-1 t 10. Purchase a Knox Key Secure unit for the vehicle from the Knox Company and have the manufacturer install it in the cab. Cost $ 800.00 — The Department is the only entity that can purchase this unit because of the security for the master key system we use in Seward. This piece of equipment is in all of our engines and rescue vehicles. The purchase of the unit and the cost for the manufacturer to install it is included in the cost. 11. Purchase of a TFT 3-way valved manifold with pressure relief valve. Cost $1900.00 — This tool is used with our large diameter hose and our 3" supply/attack hose. Its purpose is to supply three attack or supply lines with one large supply line so we can overcome the friction loss on long hose lays. We have also used the valve to supply one large supply line from three separate sources. 12. Supply and install all hose adapter and tool mounting brackets. Cost $747.00 - Every item on the vehicle must be secured by some means to prevent damage to the equipment and from striking a person or vehicle while the vehicle is in motion or not. There are various sizes for the hose adapters and tool brackets and cost for each varies, but the amount is what we spent on our last vehicle purchase. • Page 3 City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38 Page CALL TO ORDER The April 23, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Christy Terry Marianna Keil Ristine Casagranda comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent — Jean Bardarson Vanta Shafer Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING "Pierre the Bear" and Parks and Recreation Director Karin Sturdy announced May 12, 2012 would be the annual Terry's Tires Bike Rodeo. There would be bike inspections and helmet purchases. Super Saturday Cleanup would also be May 12, 2012 and May 5, 2012 would be the Polar Bear Pink Cheeks Triathlon. Willard Dunham spoke to the council on the Seward bridge repair. He noticed the closures coming up over the summer at night; there were many more closures planned than what was expected. The community could not afford to have closures this much as this was the sole road in and out of town. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Terry) Approval of Agenda and Consent Agenda Council member Terry requested the agenda item to schedule a work session to review Public Works' Facility Plan for the Lowell Point Wastewater Treatment Facility be pulled from the consent agenda. City of Seward, Alaska City Council Minutes April23, 2012 Volume 38, Page Motion Passed Unanimous The clerk read the following approved consent agenda items: The April 9, 2012 City Council Regular Meeting Minutes were approved. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A proclamation was read for National Library Month. A proclamation was read for National Kids to Parks Day is May 19, 2012. Chamber of Commerce Report, Cindy Clock stated she travelled to Seattle with city and travel industry officials and trip was very successful and they were well received. Every person in the group played an important role; and noted Jim Kubitz with the Alaska Railroad was extremely beneficial to have in their company. Clock stated maintaining relationships with Seward's Seattle - based partners were essential. The Mt. Marathon race bib assignments had been made and the festival was July 3 and 4, 2012. She hoped to have a 100 year theme to celebrate the incorporation centennial this year. She had Chamber representation at the Fairbanks outdoors show, where Seward guides and raffle tickets were handed out and sold. The summer staff was hired and would be staffed each day starting Memorial Day weekend. The end of this week was the Annual Postmasters Conference and the Chamber's Open House. The First Friday Art Walk was May 4, 2012 and the Military Appreciation Picnic would be May 19, 2012 at the Harbor Plaza in conjunction with the Harbor Opening Weekend. May 24, 2012 was the Annual Combat Fishing Tournament. City Manager's Report, Jim Hunt stated there had been no expenditures approved by the City Manager between $10,000 and $50,000 since the last council meeting. In the Harbor, the Full Service Marina software installation was ongoing and the entire marina staff was receiving training. The owner of a vessel in the SMIC boatyard reported a break in and the theft of approximately250 gallons of diesel. The annual pollution prevention program titled Ship Escort Response Vessel System (SERVS) was held last week and involved 27 vessels and 121 local crew members. Numerous changes to the Harbor tariff would be recommended to the City Council, consisting of several corrections and also two new "customer friendly" policies strongly endorsed by the Port and Commerce Advisory Board. In Public Works, the first dolphin was completely and successfully installed last weekend for the SMC Dolphin project. The Coast Guard was currently getting all required permits for the upcoming project and they expected to break ground the first part of May. The water tank property negotiations were winding down. The department was working towards totaling the needed appropriation for rectifying the snow and ice budget. The city received all the paperwork for the Dairy Hill grant award from Department of Homeland Security for signature from staff; this �� 1 City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38 Page document should be finished and en -route back to DHS for finalization next week. An update of the Seward Power Plant Integration Progress was given to the council. The Fire/Building Department issued a letter of notice of abatement last week for a collapsed building in town. Hunt stated he received email from Chief Coy from United States Air Force, who informed the City Manager they would be relinquishing their Recreation Camp property back to the city and wanted to know if the city would be willing to accept the structures on the land with a quit claim deed. The Parks and Recreation Department was planning the management of the Pink Cheeks Triathlon, researching the sliding fee scale for TYC fees, preparing for the opening of parking, re- opening the boardwalk, and opening city playgrounds as weather allowed. Hunt noted several Sports and Recreation events that occurred and were coming up for the community. In response to council questions, Hunt stated he would follow up with Department of Transportation on the upcoming road closures, he anticipated seeing the resolution approving the TYC sliding fee scales on the next agenda, and deferred to the Assistant City Manager to summarize their city travels to Seattle and Washington, D.C. Assistant City Manager Ron Long said he, Hun, and Bardarson started in Seattle with a productive series of meetings with cruise and transport companies. They traveled on to Washington, D.C. for many meetings with delegations, where the lobbying firms accompanied the city staff. Through a meeting with the Army Corps of Engineers, they learned that at some point they would need to agree on a strategy on the cost overages on the small breakwater in the harbor. Senator Begich would be bringing forward some temporary solutions to the discontinuance of the J-1 Visa Program. Hunt announced the public meeting for the Lowell Point Diversion Dam Study this Wednesday, April 25, 2012, hosted by the City of Seward and the U.S. Army Corps of Engineers. City Attorney's Report, Cheryl Brooking spoke on relevant legal issues. She spoke on an on a decision on the Alaska Open Meetings Act that occurred last February. She cited a case in the Fairbanks North Star Borough where the platting board met on a site visit but didn't consider it a meeting. The board cured this by holding a public meeting later and the court found the borough did ultimately comply. To not start any precedence and to stress the importance of reasonable and adequate notice, however, the court did not award attorney fees and awards to the borough. Brooking also discussed a recent public records request for the mayor's personal cell phone records. After researching this issue, her opinion was that the cell phone records were not subject to disclosure. Brooking's opinion on this matter was issued in writing to the City Clerk if anyone wished to review it. The Alaska Statutes had a definition of what a public record was, and they must be developed or received by a public agency. The City of Seward's code broadly addressed public records and it recognized the competing interest to rights of privacy. The Supreme Court was hearing a case right now regarding former Governor Sarah Palin's emails on her personal cell phone. The judge ruled they were not subject to disclosure because they were not defined as records based on statutes on what was considered a public record. Personal cell phone records at this point were not subject to disclosure. The decision mentioned above was currently on appeal and they had been waiting for a decision for about a year and a half now. This was the law currently as she interpreted it. Cheryl pointed out it had been acknowledged in the courts that this could be considered a loop hole in open communications. City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page Mayoral Report, David Seaward stated on April 10, 2012 he spoke at the Rotary Club. He encouraged the public to come to him with questions any time. He also went to the Every 15 Minutes mock drill on April 12 -13, 2012 and thanked the Bear Creek Fire Department, the Seward Volunteer Ambulance Corps, and the high school students involved. Today, he and the City Manager met with railroad representatives to discuss the $30 million dollar deficit they may be facing from the federal government. A lot of jobs were coming up with future projects. In response to Shafer, Seaward gave examples of the city changing and including the rehabilitation of the Old Solly's Building, the development of the Jesse Lee Home, the expansion of the harbor, and the projected 10-20% increase in the tourism industry. He saw all of these things as a good sign for Seward. Other Reports, Announcements and Presentations City Clerk Johanna Kinney gave a brief update on the Seward Incorporation Centennial Ad Hoc meeting earlier today. Kinney reported the committee appointed Bev Dunham as the chair of the committee and started coming up with ideas and proposals. They intended to have a "kick off' public reception on Tuesday, May 29, 2012 at 6:30 p.m. just before the council meeting in the council chambers. PUBLIC HEARINGS Resolution 2012-025, Authorizing The City Manager To Enter Into A Settlement Agreement In City Of Seward V. Gillespie, Case No. 3AN-10-7550 CI, With Regard To Condemnation Of Tract B Of Dieckgraff-Gillespie Subdivision For The North Forest Acres Levee/Road Project, In Consideration For Payment Of $150,000, In Addition To $71,720 Already Paid, Construction Of A New Driveway By The City, And Conveyance Of A Portion (Approximately 17,000 Square Feet) Of Tract 5 Of Forest Acres Subdivision In Seward, Alaska. Brooking said this litigation began a few years ago when the city and property owners could not come to agreement on this property where the levee road connected with the Seward Highway. The council approved a land taking in May, 2010. Litigation had progressed and a Master's Hearing was scheduled but was suspended pending potential of this settlement agreement before the council. The council paid $71,720 already for a public use easement. The settlement agreement before them would absolve the litigation. Because it was a land exchange and required replatting, the funds would need to go into escrow. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Tom Gillespie made it aware their entity had spent close to $110,000 in legal fees to get to this point, so the money wasn't going to all of them, it would go to paying off legal fees. The public hearing was closed. a�� City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page Motion (Keil/Terry) Approve Resolution 2012-025 In response to council, Brooking explained Reliant was a land appraiser used by the landowners. Motion Passed NEW BUSINESS Unanimous Resolution 2012-026, Authorizing A Sole Source Contract With NWBS Consulting For The Purchase, Installation And Training Of New Financial Accounting Software In The Amount Of $214,766.25 And Appropriating Funds. Motion (Terry/Shafer) Approve Resolution 2012-026 Finance Director Kris Erchinger said the city had been using the same software since 1989. When Y2K approached, they were told the software would not be supported. Since there were not a lot of financial software packages to use back then, the city decided to risk it and continue with the same software. It was assumed it would be extremely expensive and really high in demand to convert at that time. When they contacted the vendor a few months ago with a technical problem, Erchinger was informed there was no one left at the company who was familiar with the program and the hardware company no longer supported the software. It was no longer user friendly. The Finance Department searched for new software to find something affordable that would encompass all accounting software modules. They narrowed search down to the package before the council. The software was $65,415, one of the cheaper accounting software on the market. The annual maintenance was $16,000 and the implementation, training, and converting of all data was estimated at $90,000 to $130,000. Erchinger hoped it would fall on the low end of that range due to the experience and knowledge of her staff. Some communities spent up to half a million dollars to several million dollars, so Erchinger was hopeful they could do this in-house without additional staff. She hoped the new software would provide more transparency and be more user friendly. In response to Keil, Erchinger stated there were a number of communities that used this software. City staff did reference checks with current customers and the response was good. Casagranda asked if financial reports and budgets would be easier to follow with this new system. Erchinger didn't think it would make a difference as governmental budgeting was challenging and laid out according to fund types. She was willing to take suggestions to make budget documents easier to read, but there were a lot of requirements when it came to governmental accounting that she had to follow. Terry noted there was no contingency included and asked if money was not spent would it stay in those accounts, or stay with the project. Erchinger stated the money would stay where it was appropriated. She didn't recommend moving leftover funds back after the contract was finished, but that could be an option. a�� City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page Seaward asked about sole sourcing. Erchinger explained they picked a vendor to best fit for their needs. She did not go out to bid, which was allowed as the code exempted software purchases from competitive bidding or procurement. This was most likely because of the extremely specific needs and the unlikelihood of getting exactly what was needed by a bid or proposal. Motion Passed Other New Business Unanimous Council scheduled a work session to review Public Works' Facility Plan for the Lowell Point Wastewater Treatment Facility as required by the State of Alaska for Tuesday, May 29, 2012 at 5:30 p.m. in the Council Chambers (before the City Council Meeting). Council scheduled a work session to discuss opting out of the Alaska Public Offices Commission (APOC) Financial Disclosure Statement requirements and invite the Planning and Zoning Commission for Monday, May 14, 2012 at 5:30 p.m. in the Council Chambers. INFORMATIONAL ITEMS AND REPORTS (No action required) - None COUNCILS' COMMENTS Shafer said it was a great weekend and there were many people in town and the weather was nice. Visitors were coming to go whale watching. Valdatta said the Army Corps of Engineers said they would give the city what they got when it came to the breakwater. He acknowledged Alaska Small Business Development Center Seward Business Advisor Bill Clark and hoped he could speak to the council sometime about his new position in Seward. Casagranda reminded council she sent a letter to fluoride manufacturers requesting information and had yet to receive any response. She announced the Pit Bar was having a Renaissance Fair on May 5, 2012 and proceeds would go to Seward Mountain Haven for new televisions. Terry said the Annual Crop Walk was Sunday, May 6, 2012 and the event was a major provider for the food bank. She thanked the clerk for setting up the wonderful dinner with the Borough Assembly. She recognized the Chamber and staff for organizing the Seattle trip and it was nice to see the Police Chief back in the chambers after being out on medical leave. Hunt said they also met with TOTE, who informed them Seward was a back-up port for them. In the event TOTE would need to come to Seward, the Alaska Railroad volunteered some property to accommodate their needs. Seaward thanked everyone for attending tonight's meeting, GCI for televising it and Maddy a�g City of Seward, Alaska City Council Minutes April 23, 2012 Volume 38, Page Campbell for manning the camera. He felt there were great things coming to Seward. He was headed back to Anchorage tonight for work. Hunt received some calls and was researching new cameras to be installed on the Jesse Lee Home and would be reporting back to council. CITIZENS' COMMENTS Sue McClure said local boards and commissions needed members. These boards and commissions did not require filling financial disclosure statement forms, and were in serious need of members. McClure said they had been trying to find a way to get a city seat moved to an at large seat and a new suggestion was to consider making all of the seats at large seats. She confirmed the assembly did have to include their finances online, but they did get to provide ranges instead of specific dollar amounts. McClure hoped people would step up on the flood board. Maddy Campbell announced the High School was having a community blood drive on April 30, 2012 and to contact Martha Fleming to make an appointment. Bill Clark introduced himself as the new advisor for the Seward branch of the Alaska Small Business Development Center. The new office was located at the AVTEC Connection Education Building and it was a program funded on federal, state, borough, and city levels. The main purpose was to help some of the negative economic development costs from the recent economic development study in 2010. They provided free counseling and &network to develop and analyze business plans. Clark felt there was a need to help folks in Seward and would prepare something for the next council meeting. Willard Dunham was surprised to hear about the Air Force wanting to relinquish their land. That was a big hit to the city and the visitors that come to Seward. He hoped the Army Recreation Camp could take them in. He was glad to see council was looking at the APOC financial disclosure statements again. One of the reasons it failed the last time it went to a public vote was the city couldn't publicly advocate for the proposition or expend funds and Dunham said they needed to try this again. He agreed the breakwater designed by the Army Corps of Engineers was not the city's fault and they had a serious funding problem. Dunham was sorry the city didn't get an opportunity to expand last year to get Congress to insert verbage to move funding for the Pacific Division. It was important to note it was the Corps' mistake. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Valdatta excused himself for putting Clark on the spot. He commended the Police Department for allowing people to call and report road conditions to them. Long said while in D.C., they didn't just talk to the Corps on the outstanding debt on the breakwater, they also spoke to all the D.C. delegates on this topic. Shafer would like to know what Sitka did, as they were in the same situation. Terry thought they would need a work session before any resolution came before council. Hunt said there was time, but it was coming, possibly this a�� City of Seward, Alaska City Council Minutes April23 2012 Volume 38, Page summer. Long said the need for resolution was because it could be a cloud that would hang over future projects. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Johanna Kinney, CMC City Clerk (City Seal) o�J David Seaward Mayor R AGENDA STATEMENT Meeting Date: May 14, 2012 From: Johanna Kimsey, City Clerk f Agenda Item: Non -objection to the new Brewpub License & Approval of the new Restaurant Eating Place License for Seward Brewing Co. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a new brewpub license as well as to approve or deny a new restaurant license for Seward Brewing Co. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to either license for this business. FISCAL NOTE: 1%r In the event the City of Seward chooses to file a protest for the above licenses, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Brewpub Liquor License #5123 and approval of the Restaurant Eating Place with a Restaurant Designation Permit 45152 for Seward Brewing Co. asr r jpF\SF� q�as�P MEMORANDUM Date: February 22, 2012 To: Kim Kowalski Rogers, Finance/Leases Kari Atwood, Finance/Public Utilities Chief Tom Clemons, Police Department Chief David Squires, Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For A New Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Seward Brewing Co. Type of License: $cvai�pei�sary License Number: 4 ,S j Z 3 Rp" 19 FFF 2 Department Status Initials Finance/Leases Finance/Utilities Police Chief Fire Chief n KENAI PENINSULA BOROUGH 144 North Binkley Street ® Soldotna, Alaska 99669-7520 PHONE: 907 714-2160 * FAX: 907 714 2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblycJerk@ borough. kenai.ak.us JOHNI BLANKENSHIP BOROUGH CLERK February 8, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of New License Application Business Name Seward Brewing Co. License Type Brewpub License Location City of Seward =� License No. 5123 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, r Michelle Saner, CIVIC Deputy Borough Clerk MS/klr cc: City of Seward Applicant KPB Finance Department File State of Alaska Department of Public Safety , Alcoholic Beverage Control Board Sean Parnell, Governor Joseph A. Masters, Commissioner January 30, 2012 City of Seward Attn: Jean Lewis VIA EMAIL: clerk@cityofseward.net Seward Brewing Co. — License 45123 Q New Application ❑ Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a. license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. Alcoholic Beverage Control Board 6848 E Tudor Rd - Anchorage, AK 99607 - Voice (907) 269-0360 - Fax (907) 272-9412 as� AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to I3 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director Maxine Andrews Business Registration Examiner Direct line: 907-269-0358 Email: maxine.andrews@alaska.gov Alcoholic Beverage Control Board 6848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269-0360 - Fax (907) 272-9412 -Zr A s State of Alaska Alcoholic Beverage Control Board Date of Notice: January 30, 2012 Application Type: NEW x TRANSFER Ownership Location Name Change Governing Body: City of Seward License #: 5123 License Type: Brewpub (AS40.11135) D.B.A.: Seward Brewing Co. Licensee/Applicant: Gene Minden Physical Location: 139 4`h Ave. Seward Mail Address: PO Box 2753 Seward, AK 99664 Telephone #: 907-491-1044 EIN: none (social security # xxx-xx-0952 if entire number is needed contact the licensee) Corp/LLC Agent: Address Phone Date and State of Incorporation Good standing? Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member/Officer/Director: DOB Address Phone Title/Shares Gene Minden 07/11/1967 PO Box 2753 Seward, AK 99664 907-491-1044 Owner a5 6 Page 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 15 AAC 104.335(a)(3), AS O4.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. SHIRLEY A. GIFFORD Director Maxine Andrews Business Registration Examiner Direct line: 907-269-0358 Email: maxine.andrews@alaska.gov MEMORANDUM Date: April 23, 2012 To: Kim Kowalski Rogers, Finance/Leases Kari Atwood, Finance/Public Utilities Chief Torn Clemons, Police Department Chief David Squires, Fire Department From: Brenda Ballou, Deputy City Clerk RE: Verifying Compliance For A New Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Seward Brewing Co. Type of License: Restaurant Eating Place with a Restaurant Designation Permit License Number: 5152 Department Status Initials Finance/Leases 4L Finance/Utilities O Police Chief r, d Fire Chief d IM KENAI PENINSULA BOROUGH 1 144 North Binkley Street * Soldotna, Alaska 99669-7520 PHONE: 907 714-2160 o FAX: 907 714-238 t ) t ) 8 Y} Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assembiyclerk@borough-kenai.ak.us JOHNI BLANKENSHIP BOROUGH CLERK April 25, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of New License Application Business Name Seward Brewing Co. License Type Restaurant Eating Place - Public Convenience License Location City of Seward License No. 5152 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the issuance of this license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/klr cc: City of Seward Applicant KPB Finance Department File 1�sc� State of Alaska Department of Public Safety s Alcoholic Beverage Control Board g Sean Parnell, Governor Joseph A. Masters, Commissioner April 19, 2012 AR?��%�� City of Seward Attn: Jean Lewis VIA EMAIL: clerk@cityofseward.net Seward Brewing Co. — License #5152 Q New Application ❑ Transfer of Ownership ❑ Transfer of Location Cif Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents) within your jurisdiction. This is the notice as required under AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director- or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. if a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 ttN�-- M AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director i Maxine Andrews Business Registration Examiner Direct line: 907-269-0358 Email: maxine.andrews@alaska.gov Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 a�� State of Alaska Alcoholic Beverage Control Board Date of Notice: April 19, 2012 Application Type: NEW x TRANSFER Ownership Location Name Change Governing Body: City of Seward License #: 5152 License Type: Restaurant Eating Place Public Convenience (AS 40.11.400(g)) D.B.A.: Seward Brewing Co. Licensee/Applicant: Gene Minden Physical Location: 139 4`1' Ave. Seward Mail Address: PO Box 2753 Seward. AK 99664 Telephone #: 907-491-1044 E1N: 45-5092964 Corp/LLC Agent: Address Phone Date and State of Incorporation Good standin ? n/a Please note: the Members/Officers/Directors/Sl:areholrlers (principals) listed below are the principal members. There nuy be additional members that we are not aware of because they are not primary members. We have listed all principal members rind those whn hnld nt Janet tno/ chnrne Member/Officer/Director: DOB Address Phone Title/Shares `%o) Gene Minden 07/1 1/1967 PO Box 2753 Seward, AK 99664 907-491-1044 Owner I Note: This is the same establishment that Gene Minden made application for as a Brewpub #5123 in January 2012 a�� Page 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a.municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS O4.11.400(g), 15 AAC 104.335(a)(3), AS O4.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. SHIRLEY A. GIFFORD Director Maxine Andrews Business Registration Examiner Direct line: 907-269-0358 Email: maxine.andrews@alaska.gov a6�-:> • al STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS O4.16.049 & 13 AAC 104. The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 20 for employment. If for employment, please state in detail, how the person will be employed, duties, etc. This application is for designation of premises where : (please mark desired items). 1 X Under 13 AAC 104.305 Bona fide restaurant/eating place. License Number 15 2 Ct Persons age 16 to 20 may dine unaccompanied. 3 Persons under 16 may dine accompanied by a person 21 years or older. 4 _X Persons between 16 and 20 years of age may be employed. 'i Scc nor, hckm I. LICENSEE: _ L i - A t ADDRESS: __t 3 L-4 v2.% S3 1. Hours of Operation: to Telephone # Have police ever been called to your premises by you or anyone else for any reason: [ ] Yes (( No If yes, date(s) and explanation(s). 3. ' Duties of employment: 4. Are video games available to the public on your premises? A,,, 5. Do you provide entertainment: [ ] Yes [A No If yes, describe, 6. How is food served? _�K Table Service Buffet Service Counter Service Other* 7. Is the owner, manager, or assistant manager always present during business hours? K Yes [ ] No *** A MENU AND A DETAILED LICENSED PREMISE DIAGRAM MUST ACCOMPANY THIS APPLICATION *** I have read and am familiar with Title 4 of the Alaska statutes and its regulations. A�p'p icant signature Local Governing Body Approval Subscribed and sworn to before me this days of j I , �1 7� Date: Notary My Commission expires nd for Alaska 3-D 1i- ii tip; ip Director, ABC Board 17} at vouri r.9sS:�lY3" iai �l; F { ,, If more space is required. •to xplain fbod service., entertaiment etc., please add on back -fir attach additional j agt(.s1. Ayr U C4�h av" ABC Board �( 5846 E Tudor Rd PH: (907)26M350 Update: 3/29/12 Anchorage AK 99507 FX: (907)272-9412 19 ME 26 April 2012 Senator Lisa Murkowski City of Seward P.O. Box 1.67 Seward, Alaska. 99664-01.67 Main Office: (907) 224.4050 Senator Mark Begich Representative Don Young 709 Hart Senate Building 111 Russell Senate Office Building 2314 Rayburn House Office Building Washington, DC 205:10 Washington, DC 2051.0 Washington, DC 20510 Subject: Alaska Railroad Corporation and. Surface Transportation Reauthorization Bill. Honorable Senators and Congressman, 1 write you on behalf of the City of Seward, our regional citi e.i s, and our tourists. The proposed formula and re- classification of ttie Alaska llaih-oad .is patently unfair and may cause cnornnous negative economic .impacts an .Alaska. Any attempt to classify the Alaska Railroad. utilizing "Lower forty-eight:" standards completely ignores the critically unique b.i-inodal rail service provided to Alaskans served. by the "Rail Belt" We believe FTA funding for the Alaska Railroad is targeted. because we operate in mostly rural areas. Our passenger operations do not look like the typical local and state "conini-ater rail" services offered to much more densely populated cities in the Lower 48 states. This discri.niination is wrong. We provide essential passenger services to .man.y Alaskans off the road system. The Alaska Railroad delivers hundreds or ti-iousan.ds of visitors to .Denali National Park and we are a. "Transit in the Parks" partner ,xith the C'bugacti. National Forest serving a Toad -less area. Seward has been informed the passenger service to Seward will likely be clitninat.ed if funding is Lost. This will. cripple a large amount of Seward's cruise ship tou'risill that is dependent on the railroaci's service to Anchorage. We provide free travel to our U.S. military on official carder, and offer lower resident and student rates to support our Alaska population. Many places in Alaska are only accessible by air, ferry, or rail.1'be Senate -passed bill ---- S. 181 ; — would cut Rderal. capital funds for the Alaska Railroad's passenger service by :at. least S26 rmllion. or 71 ;4,. I'he. L .S. Blouse version preserves the Railroad's current level. of fiur.d.ing at about. $36 million per year. ARRC has relied on these Federal )-ansit Administration. (FTA) formula funds to support: critical. infrastructure improvements and to repay a liefty bond debt. The Senate action would not reduce federal spending or impact the budget deficit. Rattler the Binds taken from. :1RRC would. simply be divided amongst other eligible public rail transportation providers. Having a souind passenger rail system in. Alaska is far more important than. elsewhere anal we ask for your continued subpart for re-iristatiiag the funding tore nu Ia. Sincerelv yours, t ,!lllYi Hunt City N anager Seward (907) 224.4047 4/30/2012 2:35 PM Run Date - 4/30/12 @ 2:35 PM Providence Health & Services DET OPS 110 - MGD - PROV SEWARD MED CTR Detail Statement of Operations (in Thousands) Reported as of March 2012 Actual MTD Budget MTD % Variance MTD 307 177 73.4% 610 465 31.2% 164 128 28.1% 1,064 1,213 (12.3%) 2,146 1,983 8.270 16 31 (48.4%) 309 380 (18.7%) 2 - - 113 72 56.9% 440 483 (8.9%) 143 81 76.5% 1,562 1,419 10.1% (18) 6 (400.0%) 1,544 1,425 8.4% Gross Service Revenues: Acute Care -Inpatient Acute Care -Outpatient Primary Care Long-term Care Homecare & Hospice Housing & Assist. Living Total Gross Service Revenues Revenue Deductions: Charity Care Medicare & Medicaid Negotiated Contracts Other Total Deductions Bad Debt Net Service Revenue Premium Revenue Rental and Education Revenue Other Operating Revenue Total Net Operating Revenues Expenses from Operations: - Purchased and Healthcare Expenses 808 719 12.4% 240 232 3.4% 13 5 160.0% 92 75 22.7% 264 188 40.4% 2 2 - 2 4 (50.0%) 1 1 - 260 59 340.7% 1,682 1,285 30.9% 1,682 1,285 30.9% (138) 140 (198.6%) (138) 140 (198.6%) Other Expenses from Operations: Salaries & Wages Employee Benefits Professional Fees Supplies Purchased Service Depreciation Interest and Amortization Bad Debts Taxes and Licenses Other Expenses Total Other Exp from Operations Total Operating Expenses Excess of Rev Over Exp from OPS Actual YTD Budget YTD % Variance YTD Last Year Actual YTD % Variance YTD 724 530 36.6% 662 9.4% 1,615 1,422 13.6% 1,374 17.5% 429 397 8.1 % 349 22.9% 3,079 3,563 (13.6%) 3,371 (8.7%) 5,847 5,912 (1.1%) 5,756 1.6% 71 92 (22.8%) 65 9.2% 938 1,121 (16.3%) 973 (3.6%) 5 - - 53 (90.6%) 254 219 16.0% 141 80.1 % 1,268 1,432 (11.5%) 1,232 2.9% (52) 249 (120.9%) - - 4,631 4,231 9.5% 4,524 2.4% 18 17 5.9% 28 (35.7%) 4,649 4,248 9.4% 4,552 2.1% 2,339 2,088 12.0% 2,131 9.8% 689 667 3.3% 626 10.1% 24 14 71.4% 30 (20.0%) 252 225 12.0% 257 (1.9%) 701 558 25.6% 668 4.9% 6 5 20.0% 5 20.0% 7 13 (46.2%) 5 40.0% - - - 144 (100.0%) 2 2 - 2 _ 407 176 131.3% 219 85.8% 4,427 3,748 18.1% 4,087 8.3% 4,427 3,748 18.1% 4,087 8.3% 222 500 (56.6%) 465 (52.3%) Non -Operating Gain (Loss) 1 Excess of Revenues Over Expenses 223 Other Activity -Unrestricted 79) Increase (Decrease) in UR Net Assets (756) 1 600 (55.4%) 465 (62.0%) -T76.9 (260) (202.4%) j a 2 4/30/2012 PRELIM - Run Date - 4/30/12 @ 2:35 PM ASSETS Current Assets: Cash and Cash Equivalents System Pooled Cash Mgmt Designated Cash & Cash Equiv. Short Term Investments Assets Held Under Securities Lending Accounts Receivable, Net Affiliate Receivable Premiums Receivable Other Receivables Supplies Inventory at Cost Other Current Assets Current Port. of Assets -Use is LTD Total Current Assets Assets Whose Use is Limited: Mgmt Designated Cash and Investments Funds Held for Long-term Purposes Gift Annuity and Trust Funds Funds Held by Trustees Non -Current Assets Limited as to Use Prooertv. Plant & Eouipment: Gross Property, Plant & Equipment Less: Accumulated Depreciation Net Property, Plant & Equipment Other Assets: Unamortized Financing Cost Interaffiliate Notes Receivable Other (Intl. Long-term Investments) Total Other Assets Total Assets Providence Health & Services 110 - MGD - PROV SEWARD MED CTR Balance Sheet (in Thousands) Reported as of March 2012 March 2012 December 2011 Actual Last Year (1,838) (1,991) 2,724 2,477 (29) 907 17 2 874 1,395 1,786 2,071 1,786 2,071 118 107 (102) (96) 16 11 32 30 32 30 2,708 3,607 LIABILITIES & NET ASSETS Current Liabilities: Accounts Payable Accrued Compensation Affiliates Payable Payable to Contractual Agencies Deferred Revenue/Uneamed Premiums Liability for Unpaid Medical Claims Liability for Risk -Sharing Liabilities Under Securities Lending Other Current Liabilities Short -Term Debt Current Portion of Long -Term Debt Total Current Liabilities Lono-Term Debt: Master Trust Debt Loans from Affiliates Other Long -Term Debt Other Long -Term Liabilities Total Liabilities Net Assets: Unrestricted Temporarily Restricted Permanently Restricted Total Net Assets Total Liabilities and Net Assets 8 March 2012 December 2011 Actual Last Year 255 226 769 900 299 361 44 22 2,937 2,834 4,304 4,343 40 44 4,344 4,387 (1,639) (883) 3 3 (1,636) (880) 2,708 3,507 2:35 PM BAL SHT 4/30/2012 2:35 PM PRELIM - Run Date - 4/30/12 @ 2:35 PM Providence Health & Services STMT CHG 110 - MGD - PROV SEWARD IVIED CTR Statement of Changes in Net Assets (in Thousands) Reported as of March 2012 UNRESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year (883) (569) Excess of Revenues Over Expenses 223 465 Restricted Contributions & Grants Net Assets Released from Rest. 11 - Interdivision Transfers (989) (715) Net Assets (Liabilities) Assumed - - Unrealized Gains(Losses) on Invest. - - Extraordinary Items & Other (1) - Total Change in Net Assets (756) (250) {� Ending Balance (1&39) (819) pCI TEMPORARILY RESTRICTED FUNDS Current Year to Date Prior Year to Date Beginning of Year 3 3 Investment and Other Income - - Restricted Contributions & Grants 11 Net Assets Released From Rest. (11) - Interdivision Transfers - - Net Assets (Liabilities) Assumed - - Unrealized Gains (Losses) on Inv. - - Extraordinary Items & Other - - Total Change in Net Assets - - Ending Balance 3 3 �9 4/30/2012 2:35 PM PRELIM - Run Date - 4/30/12 @ 2:35 PM Providence Health & Services CASHFLOW 110 - MGD - PROV SEWARD MED CTR Statement of Cash Flows (in Thousands) Reported as of March 2012 March 2012 March 2011 March 2012 March 2011 Current Year Last Year Current Year Last Year Operating Activities: Change in Net Assets (756) (250) Financing Activities: Adjustments to Reconcile to Net Cash Provided Proceeds from Rest. Contrib. and Invest Inc. 11 - by Operating Activities: Debt Borrowings - - Depreciation 6 5 Debt Reductions - - Amortization - - (Increase) Decrease in Def. Financing Costs - - Provision for Bad Debts (52) 144 (Increase) Decrease in Funds Held by Trustee - - Extraordinary Items and Other - - Interdivision Transfers & Other (990) (715) Loss (Gain) on Sale of Cap. Assets - - Net Cash Prov by (Used in) Financing Act. (979) (716) Equity Income from Joint Ventures - - Changes in Certain Current Assets/Liab. 687 121 Increase (Decrease) in Cash & Cash Equiv. 163 (14) Increase (Decrease) in Other Liabilities (4) (5) Restricted Contrib./Investment (Income)Loss (11) - Cash & Cash Equiv- Beginning of Period (1,991) (414) Net Assets (Conbibuted)Assumed and Other 989 715 Net Real./Unreal. (Gains)Losses on Invest. - - Cash & Cash Equiv- End of Period (1.8381 (428) Net Cash Provided by (Used in) Op. Act. 859 730 Investing Activities: PP&E Additions - - Supplemental Disclosure: Proceeds on the Disposal of PP&E (11) - Cash Paid for Interest, Net of Capital 7 5 Purchases of Investments - - Capitalized Lease Obligations - - Proceeds on the Sale of Investments 286 (28) Capital Contributions to Joint Ventures - - Distributions from Joint Ventures - - (Increase) Decrease in Other Long -Term Assets (2) (1) Net Assets (Liab.) Assumed and Other - - Net Cash Provided by (Used in) Inv. Act. 273 (29) m MEMORANDUM DATE: April 30, 2012 TO: James Hunt, City Manager FROM: Kristin Erchinger, Finance Director RE: Harbor accounts receivable write-off of McKee moorage Seward City Code Chapter 5.01.040 provides that "the finance director may, on approval of the city manager, cancel any account receivable except bills which may become a lien against property for taxes, but shall report such cancellations to the city council." Pursuant to SCC 5.01.040, I am requesting your approval to write-off the attached harbor accounts receivable. The cancellation process is an accounting procedure that reduces the accounts receivable and results in halting further accrual of interest and late fees on accounts that may never be collected. However, the finance department does not discontinue collection procedures. Collection efforts are continued, especially if a customer is eventually located. Some customers return to the community and seek to receive City services again. At that time, all past due balances are due prior to reinstating service. If a delinquent customer remains in Alaska, the finance department will seek to attach the customer's Alaska Permanent Fund Dividend. All accounts that we are not able to locate and serve with small claims action are then eligible for pursuit through collections procedures. If you approve the cancellation of the attached harbor accounts receivable, please sign where indicated and return to me for action and distribution to the Council for their information, as required by the Code. If you have any questions, please contact me. Thank you. J&=D Approved for write-off Kristin Erchinger, Finance Director a�� roved for write-off: ames Hunt, City Manager MEMORANDUM DATE: April 15, 2012 TO: Jim Hunt, City Manager FROM: Melody Moline',VAdministrative Supervisor THROUGH: Mack Funk, Harbormaster Kris Erchinger, Finance Director SUBJECT: Seward Boat Harbor Write -Off The balance related to the following vessel has been determined to be uncollectible. Per advice from the city attorney, there is little hope of recouping any of this past due balance and added legal fees is not please call. Acct. Amt. BOAT No. Customer Due NAME GL Div Action Comments RECEIVED NOTICE OF BANCRUFTC�`(, CITY ATTORNEY DOESN'T RECOMMEN PERSUING DUE TO LARGE AMOUNT OWED TO BANK. 6726 McKee 1,224.28 607669 Moorage USCG LIEN ADDITIONALLY: 2010 WRITE OFF OF $243.55 Approved By: Qate: 114 &139( Harbor Maste Approved By: aue_&Z� 4YAi. 4 Date: y'130 b Z Finance Director Approved By: Date: t;Wmanager — No-.: fE: Final copies, with all signatures, must be routed to 1) City Council 2) harbormaster's Office to complete the write-off process. Q:_� t May 2012 May 2012 June SuMo TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa — 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 21 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Apr 30 May 1 2 3 4 7:00pm P&Z Meeting 12:00pm PACAB Meetin v M 0 m a Q 7 g 9 10 11 11:30am Seward Comm a 14 15 16 17 18 :30pm CC WS 6:00pm P&Z Work Ses 12:00ppm PACAB Work S A,Y CL�D� 9:00am Social Security 7:OOpm City Council M Opm i one reser CO v M 2 21 22 23 24 25 Ln r-1 N T 28 29 30 31 Jun 1 Offices Closed; Memoi77:00pm 70ityCou7ncilM ; c CO N T Nanci Richey a- �,- -), 5/8/2012 4:02 PM Cm June 2012 June July SuMo TuWe Th Fr Sa S_u_Mo TuWe Th Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursday Friday May 28 29 30 31 Jun 1 c 00 N T 4 5 6 7 8 7:00pm P&Z Meeting 12:00pm PACAB Meetin co v C 11 _ 12 13 14 15 7:00pm City Council M 11:30am Seward Comm c 18 19 20 21 22 6:00pm P&Z Work Ses 12:00pm PACAB Work S 9:00am Social Security 6:30pm Historic Preser N N W r-1 C 7 25 J 26 27 28 29 7:30pm City Council M rn N N Nand Richey 5J8J2012 4:02 PM